Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 49156-49157 [E8-19309]
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49156
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules
NTSB has arranged for this problem to
be corrected and verified that
commenters may now access the Notice
of Proposed Rulemaking and submit
comments via https://
www.regulations.gov. As such, the
NTSB is allowing the comment period
for the Notice of Proposed Rulemaking
to remain open until September 30,
2008. The NTSB notes that it received
several comments via facsimile and
postal mail; commenters who submitted
comments via facsimile or postal mail
need not resubmit them.
Dated: August 8, 2008.
Vicky D’Onofrio,
Federal Register Liaison Officer.
[FR Doc. E8–19104 Filed 8–19–08; 8:45 am]
BILLING CODE 7533–01–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0808051050–81056–01]
RIN 0648–XJ42
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.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: NMFS proposes a regulation
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, 2008, through June 30,
2009. 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.
DATES: Comments must be received by
September 19, 2008.
ADDRESSES: You may submit comments
on this proposed rule identified by
0648–XJ42 by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802.
VerDate Aug<31>2005
15:35 Aug 19, 2008
Jkt 214001
• Fax: (562)980–4047, Att: Joshua
Lindsay
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the report Pacific Mackerel
(Scomber japonicus) Stock Assessment
for U.S. Management in the 2008–2009
Fishing Year 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 (HG) 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 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) Coastal
Pelagic Species Management Team
(CPSMT), the Council’s Coastal Pelagic
Species Advisory Subpanel (CPSAS)
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 annual HG is published in
the Federal Register as close as
practicable to the start of the fishing
season. The Pacific mackerel season
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
begins on July 1 and ends on June 30 of
each year.
For the 2008–2009 Pacific mackerel
management season an updated
assessment for Pacific mackerel was
conducted and then reviewed by the
SSC CPS Subcommittee, the CPSMT
and the CPSAS during a series of
meetings May 13–15, 2008, in Long
Beach California. During these meetings
the 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
264,732 metric tons (mt) the harvest
control rule in the CPS FMP produces
an ABC of 51,772 mt for the 2008–2009
management season.
In June, the Council held a public
meeting in Foster City, California,
during which time the Council reviewed
the current stock assessment, biomass
numbers and ABC as well as heard
statements from the SSC, Team and
Subpanel. The SSC endorsed the
assessment as the best available science
for use in management. Both the Team
and Subpanel recommended setting the
2008–2009 HG below ABC and no
higher than 40,000 mt.
Following the SSC, Team and
Subpanel reports the Council adopted a
HG of 40,000 mt for the 2008–2009
fishing year. This HG recommendation
is the same as the one recommended
and implemented by NMFS for the
2007–2008 fishing season. Establishing
a HG for the directed fishery
substantially below the ABC was
recommended in response to
uncertainty associated with changes to
assessment modeling parameters and
the estimate made in the FMP that the
domestic fishery appears to be market
limited to roughly 40,000 mt. 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. The proposed
incidental fishery would be 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 per trip without
landing any other CPS.
The Council may schedule an
inseason review of the Pacific mackerel
fishery at the nearest appropriate
Council meeting, towards a possible
consideration of either releasing a
portion of the incidental allotment to
the directed fishery or further
constraining incidental landings to
E:\FR\FM\20AUP1.SGM
20AUP1
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules
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 2008–09 Fishing Season (see
ADDRESSES).
The harvest control rule formula in
the FMP uses the following factors to
determine the ABC:
1. Biomass. The estimated stock
biomass of Pacific mackerel age one and
above for the 2008–2009 management
season is 264,732 mt.
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 18,200 mt.
3. Distribution. The portion of the
Pacific mackerel biomass estimated in
the U.S. EEZ off the Pacific coast is 70
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 18,200
mt that may be harvested. The FMP
established this at 30 percent.
dwashington3 on PRODPC61 with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the CPS FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
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 2008–2009 HG for Pacific
mackerel in the U.S. EEZ off the Pacific coast.
The CPS FMP and its implementing
regulations require NMFS to set an annual
HG for the Pacific mackerel fishery based on
the harvest formula in the FMP. The harvest
formula is applied to the current stock
biomass estimate to determine the ABC, from
which the HG is then derived.
Pacific mackerel harvest is one component
of CPS fisheries off the U.S. West Coast
which primarily includes the fisheries for
Pacific sardine, Northern anchovy, Jack
mackerel and Market squid. Pacific mackerel
are principally caught off southern California
within the limited entry portion (south of 39
N. latitude; Point Arena, California) of the
fishery. Sixty-two vessels are currently
VerDate Aug<31>2005
15:35 Aug 19, 2008
Jkt 214001
permitted in the Federal CPS limited entry
fishery off California. 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. This proposed rule has an
equal effect on all of these small entities.
Therefore, there would be no
disporportionate impacts on large and small
business entities under the proposed action.
The profitability of these vessels as a result
of this proposed rule is based on the average
Pacific mackerel ex-vessel price per mt.
NMFS used average Pacific mackerel exvessel price per mt to conduct a profitability
analysis because cost data for the harvesting
operations of CPS finfish vessels was
unavailable.
For the 2007/2008 fishing year, the HG was
set at 40,000 mt with an estimated ex-vessel
value of approximately $5.3 million. Around
6,200 mt of this HG was actually harvested
during the 2007/2008 fishing season valued
at an estimated $900,000.
The proposed harvest guideline for the
2008/2009 Pacific mackerel fishing season
(July 1, 2008 through June 30, 2009) is 40,000
metric tons (mt). This HG recommendation is
the same as the HG recommended by the
Council and approved by NMFS for the 2007/
2008 fishing year. If the fleet were to take the
entire 2008/2009 HG, and assuming no
change in the coastwide average ex-vessel
price per mt of $146, the potential revenue
to the fleet would be approximately $5.8
million. A potential lack of availability of the
resource to the fishing fleet however, could
cause a reduction in the amount of Pacific
mackerel harvested, in which case profits
would be lower than if the total HG were
taken. Additionally, if there is no change in
market conditions (i.e., a lack in demand for
Pacific mackerel product), it is not likely that
the full HG will be taken during the 2008–
2009 fishing year, in which case profits will
again be lower than if the entire HG were
taken. However, because the average U.S.
harvest since the year 2000 is only 5,700 mt,
the potential reduced revenues would not be
a result of the proposed HG.
NMFS does not anticipate a drop in
profitability based on this rule because it
allows fishermen to harvest the same amount
of fish as the previous fishing season. 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: August 14, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–19309 Filed 8–19–08; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
49157
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
RIN 0648–AV28
Fisheries in the Western Pacific;
Bottomfish and Seamount Groundfish
Fisheries; Management Measures for
the Northern Mariana Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
SUMMARY: NMFS announces that the
Western Pacific Fishery Management
Council (Council) proposes to amend
the Fishery Management Plan for the
Bottomfish & Seamount Groundfish
Fisheries of the Western Pacific Region.
If approved by the Secretary of
Commerce, Amendment 10 would
establish Federal permitting and
reporting requirements for all
commercial bottomfish fishing in the
U.S. Exclusive Economic Zone (EEZ)
around the Commonwealth of the
Northern Mariana Islands (CNMI). The
amendment would also close waters
within 50 nm (80.5 km) of the southern
CNMI and within 10 nm (18.5 km) of
the northern island of Alamagan to
bottomfish fishing by vessels over 40 ft
(12.2 m) in length, which also would be
required to carry and operate shipboard
vessel monitoring system units, and
whose operators would be required to
submit bottomfish sales reports in
addition to catch reports. The proposed
amendment would ensure adequate
collection of information about the
CNMI bottomfish fishery, provide for
sustained community participation in
the CNMI bottomfish fishery, and
encourage consistent availability of
locally-caught bottomfish to CNMI
consumers. Combined, these measures
are intended to prevent the depletion of
bottomfish stocks in the CNMI, and
sustain the fisheries that depend on
them.
Comments on Amendment 10,
which includes an environmental
assessment, must be received by
October 20, 2008.
ADDRESSES: Comments on the
amendment, identified by 0648–AV28,
may be sent to either of the following
addresses:
• Electronic Submission: Submit all
electronic public comments via the
DATES:
E:\FR\FM\20AUP1.SGM
20AUP1
]]>Agencies
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Proposed Rules]
[Pages 49156-49157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19309]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0808051050-81056-01]
RIN 0648-XJ42
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 (HG) for Pacific mackerel in the U.S. exclusive economic zone
(EEZ) off the Pacific coast for the fishing season of July 1, 2008,
through June 30, 2009. 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.
DATES: Comments must be received by September 19, 2008.
ADDRESSES: You may submit comments on this proposed rule identified by
0648-XJ42 by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Fax: (562)980-4047, Att: Joshua Lindsay
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of the report Pacific Mackerel (Scomber japonicus) Stock
Assessment for U.S. Management in the 2008-2009 Fishing Year 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 (HG) 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 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) Coastal Pelagic Species Management Team
(CPSMT), the Council's Coastal Pelagic Species Advisory Subpanel
(CPSAS) 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 annual HG is published in the Federal Register as close as
practicable to the start of the fishing season. The Pacific mackerel
season begins on July 1 and ends on June 30 of each year.
For the 2008-2009 Pacific mackerel management season an updated
assessment for Pacific mackerel was conducted and then reviewed by the
SSC CPS Subcommittee, the CPSMT and the CPSAS during a series of
meetings May 13-15, 2008, in Long Beach California. During these
meetings the 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 264,732 metric tons (mt) the harvest control
rule in the CPS FMP produces an ABC of 51,772 mt for the 2008-2009
management season.
In June, the Council held a public meeting in Foster City,
California, during which time the Council reviewed the current stock
assessment, biomass numbers and ABC as well as heard statements from
the SSC, Team and Subpanel. The SSC endorsed the assessment as the best
available science for use in management. Both the Team and Subpanel
recommended setting the 2008-2009 HG below ABC and no higher than
40,000 mt.
Following the SSC, Team and Subpanel reports the Council adopted a
HG of 40,000 mt for the 2008-2009 fishing year. This HG recommendation
is the same as the one recommended and implemented by NMFS for the
2007-2008 fishing season. Establishing a HG for the directed fishery
substantially below the ABC was recommended in response to uncertainty
associated with changes to assessment modeling parameters and the
estimate made in the FMP that the domestic fishery appears to be market
limited to roughly 40,000 mt. 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. The proposed incidental fishery
would be 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 per trip without landing
any other CPS.
The Council may schedule an inseason review of the Pacific mackerel
fishery at the nearest appropriate Council meeting, towards a possible
consideration of either releasing a portion of the incidental allotment
to the directed fishery or further constraining incidental landings to
[[Page 49157]]
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 2008-09 Fishing Season (see ADDRESSES).
The harvest control rule formula in the FMP uses the following
factors to determine the ABC:
1. Biomass. The estimated stock biomass of Pacific mackerel age one
and above for the 2008-2009 management season is 264,732 mt.
2. Cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 18,200 mt.
3. Distribution. The portion of the Pacific mackerel biomass
estimated in the U.S. EEZ off the Pacific coast is 70 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 18,200 mt that may be harvested. The FMP established this at 30
percent.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
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 2008-2009
HG for Pacific mackerel in the U.S. EEZ off the Pacific coast. The
CPS FMP and its implementing regulations require NMFS to set an
annual HG for the Pacific mackerel fishery based on the harvest
formula in the FMP. The harvest formula is applied to the current
stock biomass estimate to determine the ABC, from which the HG is
then derived.
Pacific mackerel harvest is one component of CPS fisheries off
the U.S. West Coast which primarily includes the fisheries for
Pacific sardine, Northern anchovy, Jack mackerel and Market squid.
Pacific mackerel are principally caught off southern California
within the limited entry portion (south of 39 N. latitude; Point
Arena, California) of the fishery. Sixty-two vessels are currently
permitted in the Federal CPS limited entry fishery off California.
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. This proposed rule has an equal
effect on all of these small entities. Therefore, there would be no
disporportionate impacts on large and small business entities under
the proposed action.
The profitability of these vessels as a result of this proposed
rule is based on the average Pacific mackerel ex-vessel price per
mt. NMFS used average Pacific mackerel 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 2007/2008 fishing year, the HG was set at 40,000 mt with
an estimated ex-vessel value of approximately $5.3 million. Around
6,200 mt of this HG was actually harvested during the 2007/2008
fishing season valued at an estimated $900,000.
The proposed harvest guideline for the 2008/2009 Pacific
mackerel fishing season (July 1, 2008 through June 30, 2009) is
40,000 metric tons (mt). This HG recommendation is the same as the
HG recommended by the Council and approved by NMFS for the 2007/2008
fishing year. If the fleet were to take the entire 2008/2009 HG, and
assuming no change in the coastwide average ex-vessel price per mt
of $146, the potential revenue to the fleet would be approximately
$5.8 million. A potential lack of availability of the resource to
the fishing fleet however, could cause a reduction in the amount of
Pacific mackerel harvested, in which case profits would be lower
than if the total HG were taken. Additionally, if there is no change
in market conditions (i.e., a lack in demand for Pacific mackerel
product), it is not likely that the full HG will be taken during the
2008-2009 fishing year, in which case profits will again be lower
than if the entire HG were taken. However, because the average U.S.
harvest since the year 2000 is only 5,700 mt, the potential reduced
revenues would not be a result of the proposed HG.
NMFS does not anticipate a drop in profitability based on this
rule because it allows fishermen to harvest the same amount of fish
as the previous fishing season. 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: August 14, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-19309 Filed 8-19-08; 8:45 am]
BILLING CODE 3510-22-S
