Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 35419-35421 [E7-12566]
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rfrederick on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules
fishers will not incur any direct
economic costs associated with carrying
that observer. Potential indirect costs to
individual fishers required to take
observers may include: lost space on
deck for catch, lost bunk space, and lost
fishing time due to time needed to
process bycatch data. However, effective
monitoring will rotate observers among
a limited number of vessels in a fishery
at any given time and each vessel within
an observed fishery has an equal
probability of being requested to
accommodate an observer. Therefore,
the potential indirect costs to individual
fishers are expected to be minimal since
observer coverage would only be
required for a small percentage of an
individual’s total annual fishing time. In
addition, section 118 of the MMPA
states that an observer will not be
placed on a vessel if the facilities for
quartering an observer or performing
observer functions are inadequate or
unsafe, thereby exempting vessels too
small to accommodate an observer from
this requirement. As a result of this
certification, an initial regulatory
flexibility analysis is not required and
was not prepared. In the event that
reclassification of a fishery to Category
I or II results in a TRP, economic
analyses of the effects of that plan will
be summarized in subsequent
rulemaking actions.
This proposed rule contains
collection-of-information requirements
subject to the Paperwork Reduction Act.
The collection of information for the
registration of fishers under the MMPA
has been approved by the Office of
Management and Budget (OMB) under
OMB control number 0648–0293 (0.15
hours per report for new registrants and
0.09 hours per report for renewals). The
requirement for reporting marine
mammal injuries or mortalities has been
approved by OMB under OMB control
number 0648–0292 (0.15 hours per
report). These estimates include the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Send
comments regarding these reporting
burden estimates or any other aspect of
the collections of information, including
suggestions for reducing burden, to
NMFS and OMB (see ADDRESSES and
SUPPLEMENTARY INFORMATION).
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
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19:33 Jun 27, 2007
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information displays a currently valid
OMB control number.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866.
An environmental assessment (EA)
was prepared under the National
Environmental Policy Act (NEPA) for
regulations to implement section 118 of
the MMPA in June 1995. NMFS revised
that EA relative to classifying U.S.
commercial fisheries on the LOF in
December 2005. Both the 1995 EA and
the 2005 EA concluded that
implementation of MMPA section 118
regulations would not have a significant
impact on the human environment. This
proposed rule would not make any
significant change in the management of
reclassified fisheries, and therefore, this
proposed rule is not expected to change
the analysis or conclusion of the 2005
EA. If NMFS takes a management
action, for example, through the
development of a TRP, NMFS will first
prepare an environmental document, as
required under NEPA, specific to that
action.
This proposed rule will not affect
species listed as threatened or
endangered under the Endangered
Species Act (ESA) or their associated
critical habitat. The impacts of
numerous fisheries have been analyzed
in various biological opinions, and this
proposed rule will not affect the
conclusions of those opinions. The
classification of fisheries on the LOF is
not considered to be a management
action that would adversely affect
threatened or endangered species. If
NMFS takes a management action, for
example, through the development of a
TRP, NMFS would conduct consultation
under ESA section 7 for that action.
This proposed rule will have no
adverse impacts on marine mammals
and may have a positive impact on
marine mammals by improving
knowledge of marine mammals and the
fisheries interacting with marine
mammals through information collected
from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule will not affect the
land or water uses or natural resources
of the coastal zone, as specified under
section 307 of the Coastal Zone
Management Act.
References
Atlantic States Marine Fisheries
Commission. 2006. Draft Report.
Characterization of Georgia Commercial
and Recreational Fisheries by Gear
Type: The Potential for Interaction with
Sea Turtles.
Burgess, G. and A. Morgan. 2003A.
Final Report NA97FF0041. Renewal of
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Fmt 4702
Sfmt 4702
35419
an observer program to monitor the
directed commercial shark fishery in the
Gulf of Mexico and South Atlantic.
Burgess, G. and A. Morgan. 2003B.
Final Report NA16FM1598, National
Marine Fisheries Service Award.
Renewal of an observer program to
monitor the directed commercial shark
fishery in the Gulf of Mexico and South
Atlantic: 2002(2) and 2003(1) fishing
seasons.
Burgess, G. and A. Morgan. 2007.
Personal Communication.
Califf, J. 2007. Personal
Communication.
Dated: June 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–12556 Filed 6–27–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 070607119–7119–01]
RIN 0648–AV11
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
SUMMARY: NMFS proposes a regulation
to implement the annual harvest
guideline for Pacific sardine in the U.S.
exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of
January 1, 2007, through December 31,
2007. This harvest guideline has been
calculated according to the regulations
implementing the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP) and establishes allowable harvest
levels for Pacific sardine off the Pacific
coast.
DATES: Comments must be received by
July 30, 2007.
ADDRESSES: Submit comments on this
proposed rule, identified by 0648–
AV11, by any of the following methods:
• E-mail: 0648–AV11.SWR@noaa.gov.
Include the identifier ‘‘0648–AV11’’ in
the subject line of the message.
• Federal e-Rulemaking portal: https://
www.regulations.gov. Following the
instructions for submitting comments.
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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802–4213.
• Fax: (562) 980–4047.
Copies of the report Assessment of
Pacific Sardine Stock for U.S.
Management in 2007 may be obtained
from the Southwest Regional Office (see
ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
FMP, which was implemented by
publication of the final rule in the
Federal Register on December 15, 1999
(64 FR 69888), divides management unit
species into two categories: actively
managed and monitored. Harvest
guidelines for actively managed species
(Pacific sardine and Pacific mackerel)
are based on formulas applied to current
biomass estimates. Biomass estimates
are not calculated for species that are
only monitored (jack mackerel, northern
anchovy, and market squid).,/P≤
During public meetings each year, the
biomass for each actively managed
species within the CPS FMP is
presented to the Pacific Fishery
Management Council’s (Council) CPS
Management Team (Team) and the
Council’s CPS Advisory Subpanel
(Subpanel). At that time, the biomass,
the harvest guideline (HG), and the
status of the fisheries are reviewed and
discussed. This information is then
presented to the Council along with
recommendations and comments from
the Team and Subpanel. Following
review by the Council and after hearing
public comments, the Council makes its
recommendation to NOAA’s National
Marine Fisheries Service (NMFS). The
annual HG is published in the Federal
Register as close as practicable to the
start of the fishing season.
Public meetings of the Team,
Subpanel and CPS Subcommitee of the
Scientific and Statistical Committee
(SSC) were held in October 2006.
During these meetings the current stock
assessment update for Pacific sardine,
which included a preliminary biomass
estimate and HG, was presented and
reviewed in accordance with the
procedures of the FMP. In November,
the Council held a public meeting in
San Diego, California (71 FR 62998)
during which time the Council reviewed
the current stock assessment, biomass
numbers and proposed harvest
guideline. Following the Team and
Subpanel reports and hearing public
comments, the Council adopted the
Team’s recommended harvest guideline
for the 2007 Pacific sardine fishing
VerDate Aug<31>2005
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Jkt 211001
season (January 1, 2007 through
December 31, 2007) of 152,564 metric
tons (mt). Although this HG is 28
percent higher than the HG for 2006, it
is over 50,000 mt greater than the largest
recent harvest by U.S. west coast
fisheries. The Council also adopted the
Subpanel recommendation of an
incidental catch allowance for Pacific
sardine of up to 45 percent by weight in
other CPS fisheries in the event that the
coastwide harvest of Pacific sardine
exceeds a seasonal allocation prior to
the next scheduled reallocation.
The size of the sardine population
was estimated using the Age-StructuredAssessment-Program (ASAP) stock
assessment model. ASAP was
recommended as the most appropriate
framework for conducting future Pacific
sardine assessments by the stock
assessment review (STAR) panel which
met in June of 2004 at the Southwest
Fisheries Science Center in La Jolla,
California. The ASAP model uses a
forward-projection that evaluates the
relationship between the species’
population dynamics and associated
fishery operations. Information on the
fishery and the stock assessment are
found in the report Assessment of
Pacific Sardine Stock for U.S.
Management in 2007 (see ADDRESSES).
The formula in the FMP uses the
following factors to determine the
harvest guideline:
1. Biomass. The estimated July 1,
2006, stock biomass of Pacific sardine
age one and above 1,319,072 metric tons
(mt).
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 150,000 mt.
3. Distribution. The portion of the
Pacific sardine biomass estimated in the
EEZ off the Pacific coast is 87 percent
and is based on the average historical
larval distribution obtained from
scientific cruises and the distribution of
the resource according to the logbooks
of aerial fish-spotters.
4. Fraction. The harvest fraction is the
percentage of the biomass above 150,000
mt that may be harvested. The fraction
used varies (5–15 percent) with current
ocean temperatures; a higher fraction for
warmer ocean temperatures and a lower
fraction for cooler temperatures.
Warmer ocean temperatures favor the
production of Pacific sardine. For 2007,
the fraction used was 15 percent, based
on three seasons of sea surface
temperature at Scripps Pier, California.
Based on the estimated biomass of
1,319,072 mt and the formula in the
FMP, a harvest guideline of 152,564 mt
was determined.
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Fmt 4702
Sfmt 4702
The Pacific sardine HG is apportioned
based on the following allocation
scheme established by Amendment 11
(71 FR 36999) to the CPS FMP: 35
percent (53,397 mt) is allocated
coastwide on January 1; 40 percent
(61,025 mt), plus any portion not
harvested from the initial allocation is
reallocated coastwide on July 1; and on
September 15 the remaining 25 percent
(38,141 mt), plus any portion not
harvested from earlier allocations is
released.
If the total harvest guideline or these
apportionment levels for Pacific sardine
are reached at any time, the Pacific
sardine fishery shall be closed until
either it re-opens per the allocation
scheme or the beginning of the next
fishing season. The Regional
Administrator shall publish in the
Federal Register, through appropriate
rulemaking procedures, the date of the
closure of the directed fishery for Pacific
sardine.
Classification
These proposed specifications are
issued under the authority of, and
NMFS has preliminarily determined
that it is in accordance with, the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and the regulations implementing
the FMP.
These proposed specifications are
exempt from review under Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities as
follows:
The purpose of this proposed rule is to
implement the 2007 harvest guideline for
Pacific sardine in the U.S. EEZ off the Pacific
coast. The CPS FMP and its implementing
regulations require NMFS to set an annual
harvest guideline for the Pacific sardine
fishery based on the formula in the FMP. The
harvest guideline is derived by a formula
applied to the current biomass estimate.
The HG is apportioned based on the
following allocation scheme: 35% of the
harvest guideline is allocated coastwide on
January 1; 40% of the harvest guideline, plus
any portion not harvested from the initial
allocation is then reallocated coastwide on
July 1; and on September 15 the remaining
25%, plus any portion not harvested from
earlier allocations will be released. If the total
harvest guideline or these apportionment
levels for Pacific sardine are reached at any
time, the Pacific sardine fishery is closed
until either it re-opens per the allocation
scheme or the beginning of the next fishing
season. There is no limit on the amount of
catch that any single vessel can take during
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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules
rfrederick on PROD1PC67 with PROPOSALS
an allocation period or the year; the harvest
guideline and seasonal allocations are
available until fully utilized by the entire
CPS fleet.
The harvest guideline would apply to
approximately 86 small fishing vessels (105
permits) coastwide that fish for Pacific
sardine within U.S. waters; 61 permits in the
Federal CPS limited entry fishery off
California (south of 39 N. lat.), and a
combined 44 permits in Oregon and
Washington’s state Pacific sardine fisheries.
This proposed rule has an equal effect on all
of these small entities and therefore will
impact a substantial number of these small
entities in the same manner. These vessels
are considered small business entities by the
U.S. Small Business Administration since the
vessels do not have annual receipts in excess
of $4.0 million. Therefore, there would be no
economic impacts resulting from
disproportionality between small and large
business entities under the proposed action.
The profitability of these vessels as a result
of this proposed rule is based on the average
Pacific sardine ex-vessel price per mt. NMFS
used average Pacific sardine ex-vessel price
per mt to conduct a profitability analysis
VerDate Aug<31>2005
14:52 Jun 27, 2007
Jkt 211001
because cost data for the harvesting
operations of CPS finfish vessels was
unavailable.
For the 2006 fishing year, the harvest
guideline was set at 118,937 mt with an
estimated ex-vessel value of approximately
$15 million. Around 90,000 mt (49,000 in
California and 41,000 in Oregon and
Washington) of this harvest guideline was
actually harvested during the 2006 fishing
season valued at an estimated $10 million.
The proposed harvest guideline for the
2007 Pacific sardine fishing season (January
1, 2007 through December 31, 2007) is
152,564 metric tons (mt). This HG is 28
percent higher than the HG for 2006, but is
over 50,000 mt greater than the largest recent
harvest by U.S. west coast fisheries. If the
fleet were to take the entire 2007 harvest
guideline, and assuming no change in the
coastwide average ex-vessel price per mt of
$116, the potential revenue to the fleet would
be approximately $18 million. Whether this
occurs depends greatly on market forces
within the fishery and on the regional
availability of the resource to the fleets and
the fleets ability to find pure schools of
Pacific sardine. A change in the market and/
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Fmt 4702
Sfmt 4702
35421
or the potential lack of availability of the
resource to the fleets could cause a reduction
in the amount of Pacific sardine that is
harvested, in turn, reducing the total revenue
to the fleet.
NMFS does not anticipate a drop in
profitability based on this rule due to the fact
that it allows fishermen to harvest more than
last year. Based on the disproportionality and
profitability analysis above, this rule if
adopted, will not have a significant economic
impact on a substantial number of these
small entities.
As a result, an Initial Regulatory
Flexibility Analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–12566 Filed 6–27–07; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\28JNP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35419-35421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12566]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 070607119-7119-01]
RIN 0648-AV11
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a regulation to implement the annual harvest
guideline for Pacific sardine in the U.S. exclusive economic zone (EEZ)
off the Pacific coast for the fishing season of January 1, 2007,
through December 31, 2007. This harvest guideline has been calculated
according to the regulations implementing the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP) and establishes allowable harvest
levels for Pacific sardine off the Pacific coast.
DATES: Comments must be received by July 30, 2007.
ADDRESSES: Submit comments on this proposed rule, identified by 0648-
AV11, by any of the following methods:
E-mail: 0648-AV11.SWR@noaa.gov. Include the identifier
``0648-AV11'' in the subject line of the message.
Federal e-Rulemaking portal: https://www.regulations.gov.
Following the instructions for submitting comments.
[[Page 35420]]
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
Fax: (562) 980-4047.
Copies of the report Assessment of Pacific Sardine Stock for U.S.
Management in 2007 may be obtained from the Southwest Regional Office
(see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by
publication of the final rule in the Federal Register on December 15,
1999 (64 FR 69888), divides management unit species into two
categories: actively managed and monitored. Harvest guidelines for
actively managed species (Pacific sardine and Pacific mackerel) are
based on formulas applied to current biomass estimates. Biomass
estimates are not calculated for species that are only monitored (jack
mackerel, northern anchovy, and market squid).,/P>
During public meetings each year, the biomass for each actively
managed species within the CPS FMP is presented to the Pacific Fishery
Management Council's (Council) CPS Management Team (Team) and the
Council's CPS Advisory Subpanel (Subpanel). At that time, the biomass,
the harvest guideline (HG), and the status of the fisheries are
reviewed and discussed. This information is then presented to the
Council along with recommendations and comments from the Team and
Subpanel. Following review by the Council and after hearing public
comments, the Council makes its recommendation to NOAA's National
Marine Fisheries Service (NMFS). The annual HG is published in the
Federal Register as close as practicable to the start of the fishing
season.
Public meetings of the Team, Subpanel and CPS Subcommitee of the
Scientific and Statistical Committee (SSC) were held in October 2006.
During these meetings the current stock assessment update for Pacific
sardine, which included a preliminary biomass estimate and HG, was
presented and reviewed in accordance with the procedures of the FMP. In
November, the Council held a public meeting in San Diego, California
(71 FR 62998) during which time the Council reviewed the current stock
assessment, biomass numbers and proposed harvest guideline. Following
the Team and Subpanel reports and hearing public comments, the Council
adopted the Team's recommended harvest guideline for the 2007 Pacific
sardine fishing season (January 1, 2007 through December 31, 2007) of
152,564 metric tons (mt). Although this HG is 28 percent higher than
the HG for 2006, it is over 50,000 mt greater than the largest recent
harvest by U.S. west coast fisheries. The Council also adopted the
Subpanel recommendation of an incidental catch allowance for Pacific
sardine of up to 45 percent by weight in other CPS fisheries in the
event that the coastwide harvest of Pacific sardine exceeds a seasonal
allocation prior to the next scheduled reallocation.
The size of the sardine population was estimated using the Age-
Structured-Assessment-Program (ASAP) stock assessment model. ASAP was
recommended as the most appropriate framework for conducting future
Pacific sardine assessments by the stock assessment review (STAR) panel
which met in June of 2004 at the Southwest Fisheries Science Center in
La Jolla, California. The ASAP model uses a forward-projection that
evaluates the relationship between the species' population dynamics and
associated fishery operations. Information on the fishery and the stock
assessment are found in the report Assessment of Pacific Sardine Stock
for U.S. Management in 2007 (see ADDRESSES).
The formula in the FMP uses the following factors to determine the
harvest guideline:
1. Biomass. The estimated July 1, 2006, stock biomass of Pacific
sardine age one and above 1,319,072 metric tons (mt).
2. Cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 150,000 mt.
3. Distribution. The portion of the Pacific sardine biomass
estimated in the EEZ off the Pacific coast is 87 percent and is based
on the average historical larval distribution obtained from scientific
cruises and the distribution of the resource according to the logbooks
of aerial fish-spotters.
4. Fraction. The harvest fraction is the percentage of the biomass
above 150,000 mt that may be harvested. The fraction used varies (5-15
percent) with current ocean temperatures; a higher fraction for warmer
ocean temperatures and a lower fraction for cooler temperatures. Warmer
ocean temperatures favor the production of Pacific sardine. For 2007,
the fraction used was 15 percent, based on three seasons of sea surface
temperature at Scripps Pier, California.
Based on the estimated biomass of 1,319,072 mt and the formula in
the FMP, a harvest guideline of 152,564 mt was determined.
The Pacific sardine HG is apportioned based on the following
allocation scheme established by Amendment 11 (71 FR 36999) to the CPS
FMP: 35 percent (53,397 mt) is allocated coastwide on January 1; 40
percent (61,025 mt), plus any portion not harvested from the initial
allocation is reallocated coastwide on July 1; and on September 15 the
remaining 25 percent (38,141 mt), plus any portion not harvested from
earlier allocations is released.
If the total harvest guideline or these apportionment levels for
Pacific sardine are reached at any time, the Pacific sardine fishery
shall be closed until either it re-opens per the allocation scheme or
the beginning of the next fishing season. The Regional Administrator
shall publish in the Federal Register, through appropriate rulemaking
procedures, the date of the closure of the directed fishery for Pacific
sardine.
Classification
These proposed specifications are issued under the authority of,
and NMFS has preliminarily determined that it is in accordance with,
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP,
and the regulations implementing the FMP.
These proposed specifications are exempt from review under
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as follows:
The purpose of this proposed rule is to implement the 2007
harvest guideline for Pacific sardine in the U.S. EEZ off the
Pacific coast. The CPS FMP and its implementing regulations require
NMFS to set an annual harvest guideline for the Pacific sardine
fishery based on the formula in the FMP. The harvest guideline is
derived by a formula applied to the current biomass estimate.
The HG is apportioned based on the following allocation scheme:
35% of the harvest guideline is allocated coastwide on January 1;
40% of the harvest guideline, plus any portion not harvested from
the initial allocation is then reallocated coastwide on July 1; and
on September 15 the remaining 25%, plus any portion not harvested
from earlier allocations will be released. If the total harvest
guideline or these apportionment levels for Pacific sardine are
reached at any time, the Pacific sardine fishery is closed until
either it re-opens per the allocation scheme or the beginning of the
next fishing season. There is no limit on the amount of catch that
any single vessel can take during
[[Page 35421]]
an allocation period or the year; the harvest guideline and seasonal
allocations are available until fully utilized by the entire CPS
fleet.
The harvest guideline would apply to approximately 86 small
fishing vessels (105 permits) coastwide that fish for Pacific
sardine within U.S. waters; 61 permits in the Federal CPS limited
entry fishery off California (south of 39 N. lat.), and a combined
44 permits in Oregon and Washington's state Pacific sardine
fisheries. This proposed rule has an equal effect on all of these
small entities and therefore will impact a substantial number of
these small entities in the same manner. These vessels are
considered small business entities by the U.S. Small Business
Administration since the vessels do not have annual receipts in
excess of $4.0 million. Therefore, there would be no economic
impacts resulting from disproportionality between small and large
business entities under the proposed action.
The profitability of these vessels as a result of this proposed
rule is based on the average Pacific sardine ex-vessel price per mt.
NMFS used average Pacific sardine ex-vessel price per mt to conduct
a profitability analysis because cost data for the harvesting
operations of CPS finfish vessels was unavailable.
For the 2006 fishing year, the harvest guideline was set at
118,937 mt with an estimated ex-vessel value of approximately $15
million. Around 90,000 mt (49,000 in California and 41,000 in Oregon
and Washington) of this harvest guideline was actually harvested
during the 2006 fishing season valued at an estimated $10 million.
The proposed harvest guideline for the 2007 Pacific sardine
fishing season (January 1, 2007 through December 31, 2007) is
152,564 metric tons (mt). This HG is 28 percent higher than the HG
for 2006, but is over 50,000 mt greater than the largest recent
harvest by U.S. west coast fisheries. If the fleet were to take the
entire 2007 harvest guideline, and assuming no change in the
coastwide average ex-vessel price per mt of $116, the potential
revenue to the fleet would be approximately $18 million. Whether
this occurs depends greatly on market forces within the fishery and
on the regional availability of the resource to the fleets and the
fleets ability to find pure schools of Pacific sardine. A change in
the market and/or the potential lack of availability of the resource
to the fleets could cause a reduction in the amount of Pacific
sardine that is harvested, in turn, reducing the total revenue to
the fleet.
NMFS does not anticipate a drop in profitability based on this
rule due to the fact that it allows fishermen to harvest more than
last year. Based on the disproportionality and profitability
analysis above, this rule if adopted, will not have a significant
economic impact on a substantial number of these small entities.
As a result, an Initial Regulatory Flexibility Analysis is not
required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-12566 Filed 6-27-07; 8:45 am]
BILLING CODE 3510-22-S
