Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 5760-5761 [E8-1683]
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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations
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make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001) ) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
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long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
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the Evaluation of Risk and Avoidance of
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burden under the provisions of the
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The Congressional Review Act, 5
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Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
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copy of the rule, to each House of the
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Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action nevertheless will be effective
March 31, 2008, because it is an
immediate final rule.
VerDate Aug<31>2005
17:48 Jan 30, 2008
Jkt 214001
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
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amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: December 17, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E8–1316 Filed 1–30–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 070907502–7668–03]
RIN 0648–XB01
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement the annual harvest guideline
(HG) for Pacific mackerel in the U.S.
exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of
July 1, 2007, through June 30, 2008.
This HG has been calculated according
to the regulations implementing the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP) and establishes
allowable harvest levels for Pacific
mackerel off the Pacific coast. The HG
for the 2007–2008 fishing season is
40,000 metric tons (mt). If this total is
reached, Pacific mackerel fishing will be
closed to directed harvest and only
incidental harvest will be allowed at a
45 percent by weight incidental catch
rate when landed with other CPS,
except that up to one mt of Pacific
mackerel can be landed without landing
any other CPS.
DATES: Effective March 3, 2008 through
June 30, 2008.
ADDRESSES: Copies of the report Pacific
Mackerel (Scomber japonicus) Stock
Assessment for U.S. Management in the
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
2007–2008 Fishing Year may be
obtained from the Southwest Regional
Office by contacting Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802–
4213.
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).
During annual public meetings, the
biomass for each actively managed
species within the CPS FMP is
presented to the Pacific Fishery
Management Council’s (Council) Coastal
Pelagic Species Management Team
(Team), the Council’s Coastal Pelagic
Species Advisory Subpanel (Subpanel)
and the CPS Subcommitee of the
Scientific and Statistical Committee
(SSC). At that time, the biomass, the
acceptable biological catch (ABC) and
the status of the fisheries are reviewed
and discussed. This information is then
presented to the Council along with HG
recommendations and comments from
the Team and Subpanel. Following
review by the Council and after hearing
public comments, the Council makes its
HG recommendation to NOAA’s
National Marine Fisheries Service
(NMFS). The Pacific mackerel season
begins on July 1 and ends on June 30 of
each year.
A full assessment for Pacific mackerel
was conducted this year and reviewed
by a Stock Assessment Review (STAR)
Panel in La Jolla, CA, May 1–4. Public
meetings of the Team and Subpanel
were then held May 8–10 in Long
Beach, CA. During these meetings the
STAR Panel report and current stock
assessment for Pacific mackerel, which
included a preliminary biomass
estimate and ABC, were presented and
reviewed in accordance with the
procedures of the FMP. Based on a total
stock biomass estimate of 359,290
metric tons (mt), the ABC for U.S.
fisheries for the 2007/2008 management
season is 71,629 mt.
In June, the Council held a public
meeting in Foster City, CA, during
which time they reviewed the current
E:\FR\FM\31JAR1.SGM
31JAR1
Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations
pwalker on PROD1PC71 with RULES
stock assessment, biomass numbers and
ABC and heard statements from the
SSC, Team and Subpanel (72 FR 29130).
The SSC endorsed the assessment as the
best available science for use in
management. Both the Team and
Subpanel recommended setting the
2007/2008 HG below ABC and no
higher than 40,000 mt. This HG
recommendation is still roughly double
the HG adopted by the Council for the
2006/2007 fishing year (19,845 mt) and
much greater than the average U.S.
harvest since the year 2000 (5,700 mt).
Setting the harvest guideline
substantially below the ABC was
recommended as a precautionary
measure in response to uncertainty
associated with changes to assessment
modeling parameters and the reference
in the FMP that the domestic fishery
appears to be market limited to roughly
40,000 mt.
Following the SSC, Team and
Subpanel reports the Council adopted
an HG of 40,000 mt for the 2007–2008
fishing year. The Council also adopted
the Subpanel recommendation that in
the event that the 40,000 mt is attained
by the fishery, that Pacific mackerel
VerDate Aug<31>2005
17:48 Jan 30, 2008
Jkt 214001
fishing be closed to directed harvest and
only incidental harvest be allowed. This
incidental fishery is constrained to a 45
percent by weight incidental catch rate
when Pacific mackerel are landed with
other CPS, except that up to one metric
ton of Pacific mackerel could be landed
without landing any other CPS.
The Council may schedule an
inseason review of the Pacific mackerel
fishery for the March or April 2008
Council meeting, in order to consider
either releasing a portion of the
incidental allotment to the directed
fishery or further constraining
incidental landings to ensure total
harvest remains below the ABC.
Information on the fishery and the
stock assessment are found in the report
Pacific mackerel (Scomber japonicus)
Stock Assessment for U.S. Management
in the 2007–08 Fishing Season (see
ADDRESSES).
Classification
The Administrator, Southwest Region,
NMFS, determined that this final rule is
necessary for the conservation and
management of the CPS fishery and that
it is consistent with the Magnuson-
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
5761
Stevens Fishery Conservation and
Management Act and other applicable
laws.
This final rule is exempt from Office
of Management and Budget 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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule (72 FR 35419) and is not
repeated here. No comments were
received regarding this certification. As
a result, a regulatory flexibility analysis
was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–1683 Filed 1–30–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\31JAR1.SGM
31JAR1
]]>Agencies
[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Rules and Regulations]
[Pages 5760-5761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1683]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 070907502-7668-03]
RIN 0648-XB01
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual harvest
guideline (HG) for Pacific mackerel in the U.S. exclusive economic zone
(EEZ) off the Pacific coast for the fishing season of July 1, 2007,
through June 30, 2008. This HG has been calculated according to the
regulations implementing the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP) and establishes allowable harvest levels for
Pacific mackerel off the Pacific coast. The HG for the 2007-2008
fishing season is 40,000 metric tons (mt). If this total is reached,
Pacific mackerel fishing will be closed to directed harvest and only
incidental harvest will be allowed at a 45 percent by weight incidental
catch rate when landed with other CPS, except that up to one mt of
Pacific mackerel can be landed without landing any other CPS.
DATES: Effective March 3, 2008 through June 30, 2008.
ADDRESSES: Copies of the report Pacific Mackerel (Scomber japonicus)
Stock Assessment for U.S. Management in the 2007-2008 Fishing Year may
be obtained from the Southwest Regional Office by contacting Rodney R.
McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA 90802-4213.
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).
During annual public meetings, the biomass for each actively
managed species within the CPS FMP is presented to the Pacific Fishery
Management Council's (Council) Coastal Pelagic Species Management Team
(Team), the Council's Coastal Pelagic Species Advisory Subpanel
(Subpanel) and the CPS Subcommitee of the Scientific and Statistical
Committee (SSC). At that time, the biomass, the acceptable biological
catch (ABC) and the status of the fisheries are reviewed and discussed.
This information is then presented to the Council along with HG
recommendations and comments from the Team and Subpanel. Following
review by the Council and after hearing public comments, the Council
makes its HG recommendation to NOAA's National Marine Fisheries Service
(NMFS). The Pacific mackerel season begins on July 1 and ends on June
30 of each year.
A full assessment for Pacific mackerel was conducted this year and
reviewed by a Stock Assessment Review (STAR) Panel in La Jolla, CA, May
1-4. Public meetings of the Team and Subpanel were then held May 8-10
in Long Beach, CA. During these meetings the STAR Panel report and
current stock assessment for Pacific mackerel, which included a
preliminary biomass estimate and ABC, were presented and reviewed in
accordance with the procedures of the FMP. Based on a total stock
biomass estimate of 359,290 metric tons (mt), the ABC for U.S.
fisheries for the 2007/2008 management season is 71,629 mt.
In June, the Council held a public meeting in Foster City, CA,
during which time they reviewed the current
[[Page 5761]]
stock assessment, biomass numbers and ABC and heard statements from the
SSC, Team and Subpanel (72 FR 29130). The SSC endorsed the assessment
as the best available science for use in management. Both the Team and
Subpanel recommended setting the 2007/2008 HG below ABC and no higher
than 40,000 mt. This HG recommendation is still roughly double the HG
adopted by the Council for the 2006/2007 fishing year (19,845 mt) and
much greater than the average U.S. harvest since the year 2000 (5,700
mt). Setting the harvest guideline substantially below the ABC was
recommended as a precautionary measure in response to uncertainty
associated with changes to assessment modeling parameters and the
reference in the FMP that the domestic fishery appears to be market
limited to roughly 40,000 mt.
Following the SSC, Team and Subpanel reports the Council adopted an
HG of 40,000 mt for the 2007-2008 fishing year. The Council also
adopted the Subpanel recommendation that in the event that the 40,000
mt is attained by the fishery, that Pacific mackerel fishing be closed
to directed harvest and only incidental harvest be allowed. This
incidental fishery is constrained to a 45 percent by weight incidental
catch rate when Pacific mackerel are landed with other CPS, except that
up to one metric ton of Pacific mackerel could be landed without
landing any other CPS.
The Council may schedule an inseason review of the Pacific mackerel
fishery for the March or April 2008 Council meeting, in order to
consider either releasing a portion of the incidental allotment to the
directed fishery or further constraining incidental landings to ensure
total harvest remains below the ABC.
Information on the fishery and the stock assessment are found in
the report Pacific mackerel (Scomber japonicus) Stock Assessment for
U.S. Management in the 2007-08 Fishing Season (see ADDRESSES).
Classification
The Administrator, Southwest Region, NMFS, determined that this
final rule is necessary for the conservation and management of the CPS
fishery and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
This final rule is exempt from Office of Management and Budget
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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule (72 FR 35419) and is not repeated here. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-1683 Filed 1-30-08; 8:45 am]
BILLING CODE 3510-22-S
