Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 252-254 [E8-31344]
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252
Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Proposed Rules
Dated: December 29, 2008.
John Oliver,
Deputy Assistant Administrator for
Management and Administration, National
Marine Fisheries Service.
[FR Doc. E8–31362 Filed 1–2–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0812171612–81615–01]
RIN 0648–XM21
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 sardine in the
U.S. exclusive economic zone (EEZ) off
the Pacific coast for the fishing season
of January 1, 2009, through December
31, 2009. This HG is proposed 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. The
proposed initial HG for the 2009 fishing
year is 65,732 mt and is proposed to be
divided across the seasonal allocation
periods in the following way: January 1–
June 30, 22,006 mt would be allocated
for directed harvest with an incidental
set-aside of 1,000 mt; July 1–September
14, 25,293 mt would be allocated for
directed harvest with an incidental setaside of 1,000 mt; September 15–
December 31, 11,933 mt would be
allocated for directed harvest with an
incidental set-aside of 4,500 mt. If
during any of the seasonal allocation
periods the applicable adjusted directed
harvest allocation is projected to be
taken, fishing would be closed to
directed harvest and only incidental
harvest would be allowed.
DATES: Comments must be received by
February 4, 2009.
ADDRESSES: You may submit comments
on the Initial Regulatory Flexibility
Analysis (IRFA) prepared for this rule or
on this proposed rule identified by
0648–XM21 by any of the following
methods:
VerDate Aug<31>2005
13:23 Jan 02, 2009
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• 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
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 prefer to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of the IRFA or the report
‘‘Assessment of Pacific Sardine Stock
for U.S. Management in 2009’’ may be
obtained from the Southwest Regional
Office (see the Mailing address above).
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 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
(Team) and the Council’s Coastal
Pelagic Species Advisory Subpanel
(Subpanel). 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 comment, the Council makes its
HG recommendation to NMFS.
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In November 2008, the Council held
a public meeting in San Diego,
California (73 FR 60680), and
recommended an acceptable biological
catch (ABC) or maximum harvest
guideline (HG) of 66,932 mt for the 2009
Pacific sardine fishing year. This ABC is
the result of applying a biomass
estimate of 662,886 mt to the harvest
control rule established in the CPS FMP.
This ABC/HG is 25 percent less than the
ABC/HG adopted by the Council for the
2008 fishing season. The Council
recommended that 1,200 mt of this
available ABC/HG be initially
subtracted from the ABC and reserved
for a potential industry-based research
project. NMFS would need to issue an
Exempted Fishing Permit (EFP) for such
an activity to occur. A decision on
whether to issue an EFP will be made
prior to the start of the second seasonal
period (July 1, 2009). If it is determined
that an EFP cannot be issued then the
1,200 mt will be added to the third
period’s directed harvest allocation
prior to the start of that period.
The Council recommended that the
remaining 65,732 mt be used as the
initial overall HG and be allocated
across the seasonal periods established
by Amendment 11 (71 FR 36999). The
Council also recommended an
incidental catch set-aside of 6,500 mt.
Subtracting this set-aside from the
initial overall HG establishes an initial
directed harvest fishery of 59,232 mt
and an incidental fishery of 6,500 mt.
The purpose of the incidental fishery is
to allow for the restricted incidental
landings of Pacific sardine in other
fisheries, particularly other CPS
fisheries, if and when a seasonal
directed fishery is closed. The larger set
aside in the third and final period is
intended to adequately account for
incidental harvest by the winter market
squid fishery and to also help ensure
that sardine harvests do not exceed the
ABC.
The directed harvest levels and
incidental set-aside would be initially
allocated across the three seasonal
allocation periods in the following way:
January 1–June 30, 22,006 mt would be
allocated for directed harvest with an
incidental set-aside of 1,000 mt; July 1–
September 14, 25,293 mt would be
allocated for directed harvest with an
incidental set-aside of 1,000 mt;
September 15–December 31, 11,933 mt
would be allocated for directed harvest
with an incidental set-aside of 4,500 mt.
If during any of the seasonal allocation
periods the applicable adjusted directed
harvest allocation is projected to be
taken, fishing would be closed to
directed harvest and only incidental
harvest would be allowed. For the
E:\FR\FM\05JAP1.SGM
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Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Proposed Rules
remainder of the period, any incidental
Pacific sardine landings would be
counted against that period’s incidental
set-aside. The proposed incidental
fishery would also be constrained to a
20 percent by weight incidental catch
rate when Pacific sardine are landed
with other CPS so as to minimize the
targeting of Pacific sardine. In the event
that an incidental set aside is projected
to be attained, all fisheries will be
closed to the retention of Pacific sardine
for the remainder of the period. If the
set-aside is not fully attained or is
exceeded in a given seasonal period, the
directed harvest allocation in the
following seasonal period would
automatically be adjusted to account for
the discrepancy. Additionally, if during
any seasonal period the directed harvest
allocation is not fully attained or is
exceeded, then the following period’s
directed harvest total would be adjusted
to account for this discrepancy as well.
If the total HG or these apportionment
levels for Pacific sardine are reached or
are expected to be reached, the Pacific
sardine fishery would be closed via
appropriate rulemaking until it re-opens
either per the allocation scheme or the
beginning of the next fishing season.
The Regional Administrator would
publish a notice in the Federal Register
announcing the date of such closures.
Detailed information on the fishery
and the stock assessment are found in
the report ‘‘Assessment of Pacific
Sardine Stock for U.S. Management in
2009’’ (see ADDRESSES).
The formula in the CPS FMP uses the
following factors to
determine the HG:
1. Biomass. The estimated stock
biomass of Pacific sardine age one and
above for the 2009 management season
is 662,886 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 2009,
the fraction used was 15 percent, based
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13:23 Jan 02, 2009
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on three seasons of sea surface
temperature at Scripps Pier, California.
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.
An IRFA was prepared, as required by
section 603 of the Regulatory Flexibility
Act, 5 U.S.C. note. The IRFA describes
the economic impact this proposed rule,
if adopted, would have on small
entities. A description of the action,
why it is being considered, and the legal
basis for this action are contained at the
beginning of this section in the
preamble and in the SUMMARY section of
the preamble. The results of the analysis
are stated below. For copies of the IRFA,
and instructions on how to send
comments on the IRFA, please see the
ADDRESSES section above.
The purpose of this proposed rule is
to implement the 2009 HG for Pacific
sardine in the U.S. EEZ off the Pacific
coast. The HG is proposed according to
the regulations implementing the CPS
FMP and establishes allowable harvest
levels for Pacific sardine off the Pacific
coast. The HG is determined using an
environmentally-based formula
accounting for the effect of ocean
conditions on stock productivity.
The HG is apportioned based on the
following allocation scheme: 35 percent
of the HG is allocated coastwide on
January 1; 40 percent of the HG, plus
any portion not harvested from the
initial allocation is then reallocated
coastwide on July 1; and on September
15 the remaining 25 percent, plus any
portion not harvested from earlier
allocations will be released. If the total
HG 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 an allocation period or
the year; the HG and seasonal
allocations are available until fully
utilized by the entire CPS fleet.
The small entities that would be
affected by the proposed action are the
vessels that compose the West Coast
CPS finish fleet. Approximately 107
vessels are permitted to operate in the
sardine fishery component of the CPS
fishery off the U.S. West Coast; 63
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253
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 2008 fishing year the HG was
set at 89,093 mt. Approximately 87,000
mt (58,000 in California and 29,000 in
Oregon and Washington) of this HG was
harvested during the 2008 fishing
season with an estimated ex-vessel
value of $14.5 million. Although the
2008 HG was 42 percent lower than the
HG for 2007, due to an increase in
average annual ex-vessel price per
pound annual ex-vessel revenue for
2008 was similar to that in 2007.
The proposed HG for the 2009 Pacific
sardine fishing season (January 1, 2009
through December 31, 2009) is 65,732
metric tons (mt). This HG is 25 percent
lower than the HG for 2008. If the fleet
were to take the entire 2009 HG, and
assuming a coastwide average ex-vessel
price per mt of $168, the potential
revenue to the fleet would be
approximately $11 million. This would
be similar to the average total coastwide
ex-vessel value achieved from 2002–
2007. Whether this will occur 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
from Pacific sardine.
There will likely be a drop in
profitability based on this rule
compared to last season due to the
lower HG this year. However, from 2002
through 2007 the average coastwide
annual ex-vessel revenue was $11
million, therefore at current ex-vessel
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Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Proposed Rules
price per mt, the harvest guideline for
2009 should provide similar revenue as
seen from 2002 through 2007.
No significant alternatives to this
proposed rule exist that would
accomplish the stated objectives of the
applicable statutes and which would
minimize any significant economic
impact of this proposed rule on the
affected small entities. The CPS FMP
and its implementing regulations
require NMFS to set an annual HG for
the Pacific sardine 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.
Determining the annual HG merely
implements the established procedures
of the FMP with the goal of continuing
to provide expected net benefits to the
nation, regardless of what the specific
annual allowable harvest of Pacific
sardine is determined to be.
There are no reporting, recordkeeping, or other compliance
requirements required by this proposed
rule. Additionally, no other Federal
rules duplicate, overlap or conflict with
this proposed rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 29, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. E8–31344 Filed 1–2–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0809031176–81596–01]
RIN 0648–AX25
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands and Gulf of Alaska
Groundfish; Limited Access Privilege
Programs
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes regulations
implementing Amendment 90 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
Amendment 78 to the Fishery
VerDate Aug<31>2005
13:23 Jan 02, 2009
Jkt 217001
Management Plan for Groundfish of the
Gulf of Alaska. This proposed regulation
would amend the Bering Sea and
Aleutian Islands Amendment 80
Program and the Central Gulf of Alaska
Rockfish Program to allow post-delivery
transfers of cooperative quota to cover
overages. This action is necessary to
mitigate potential overages, reduce
enforcement costs, and provide for more
precise total allowable catch
management. This action is intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Fishery Management Plans, and other
applicable law.
DATES: Comments must be received no
later than February 19, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
AX25,’’ by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
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 (e.g., name, address)
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). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of Amendments 90 and 78,
and the Regulatory Impact Reviews/
Initial Regulatory Flexibility Analyses
(RIR/IRFAs) prepared for this action
may be obtained from the NMFS Alaska
Region at the address above or from the
Alaska Region Web site at https://
alaskafisheries.noaa.gov. This proposed
action was categorically excluded from
the need to prepare an environmental
assessment under the National
Environmental Policy Act.
The Council has submitted
Amendments 90 and 78 for review by
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Sfmt 4702
the Secretary of Commerce, and a Notice
of Availability (NOA) of the FMP
amendments was published in the
Federal Register on December 17, 2008
with comments on the FMP
amendments invited through February
17, 2009. All written comments received
by February 17, 2009, whether
specifically directed to the FMP
amendments, this proposed rule, or
both, will be considered in the approval
or disapproval decision on the FMP
amendments.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, (907) 586–7228.
SUPPLEMENTARY INFORMATION: The
groundfish fisheries in the exclusive
economic zone off Alaska are managed
under the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP) and the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP). The FMPs
were prepared by the North Pacific
Fishery Management Council (Council)
under the Magnuson-Stevens Fishery
Conservation and Management Act.
Amendment 80 to the BSAI FMP
implemented the Amendment 80
Program. Amendment 68 to the GOA
FMP implemented the Central GOA
Rockfish Program (Rockfish Program).
Regulations implementing Amendment
80 were published on September 14,
2007 (72 FR 52668), and regulations
implementing Amendment 68 were
published on November 20, 2006 (71 FR
67210). These regulations are located at
50 CFR part 679.
Background
NMFS issued quota share (QS) under
the Amendment 80 Program and the
Rockfish Program. Under the
Amendment 80 Program, NMFS issued
QS to persons based on their qualifying
harvest histories using specific trawl
catcher/processor vessels in six BSAI
non-pollock groundfish fisheries during
1998 through 2004. Under the Rockfish
Program, NMFS issued QS to persons
based on their qualifying harvest
histories using trawl catcher vessels and
trawl catcher/processors in several
Central GOA (CGOA) rockfish fisheries
and associated species that were
harvested during those rockfish fisheries
during 1996 through 2002. These two
programs are commonly known as
limited access privilege programs
(LAPPs) because the participants in
these fisheries may receive exclusive
access to fishery resources if specific
conditions are met. Each year, the
person issued QS may choose to
participate in either a fishery
cooperative with other QS holders, or to
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]]>Agencies
[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Proposed Rules]
[Pages 252-254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0812171612-81615-01]
RIN 0648-XM21
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 sardine in the U.S. exclusive economic zone
(EEZ) off the Pacific coast for the fishing season of January 1, 2009,
through December 31, 2009. This HG is proposed 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. The proposed initial HG for the
2009 fishing year is 65,732 mt and is proposed to be divided across the
seasonal allocation periods in the following way: January 1-June 30,
22,006 mt would be allocated for directed harvest with an incidental
set-aside of 1,000 mt; July 1-September 14, 25,293 mt would be
allocated for directed harvest with an incidental set-aside of 1,000
mt; September 15-December 31, 11,933 mt would be allocated for directed
harvest with an incidental set-aside of 4,500 mt. If during any of the
seasonal allocation periods the applicable adjusted directed harvest
allocation is projected to be taken, fishing would be closed to
directed harvest and only incidental harvest would be allowed.
DATES: Comments must be received by February 4, 2009.
ADDRESSES: You may submit comments on the Initial Regulatory
Flexibility Analysis (IRFA) prepared for this rule or on this proposed
rule identified by 0648-XM21 by any 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
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 prefer to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the IRFA or the report ``Assessment of Pacific Sardine
Stock for U.S. Management in 2009'' may be obtained from the Southwest
Regional Office (see the Mailing address above).
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 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
(Team) and the Council's Coastal Pelagic Species Advisory Subpanel
(Subpanel). 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 comment, the Council
makes its HG recommendation to NMFS.
In November 2008, the Council held a public meeting in San Diego,
California (73 FR 60680), and recommended an acceptable biological
catch (ABC) or maximum harvest guideline (HG) of 66,932 mt for the 2009
Pacific sardine fishing year. This ABC is the result of applying a
biomass estimate of 662,886 mt to the harvest control rule established
in the CPS FMP. This ABC/HG is 25 percent less than the ABC/HG adopted
by the Council for the 2008 fishing season. The Council recommended
that 1,200 mt of this available ABC/HG be initially subtracted from the
ABC and reserved for a potential industry-based research project. NMFS
would need to issue an Exempted Fishing Permit (EFP) for such an
activity to occur. A decision on whether to issue an EFP will be made
prior to the start of the second seasonal period (July 1, 2009). If it
is determined that an EFP cannot be issued then the 1,200 mt will be
added to the third period's directed harvest allocation prior to the
start of that period.
The Council recommended that the remaining 65,732 mt be used as the
initial overall HG and be allocated across the seasonal periods
established by Amendment 11 (71 FR 36999). The Council also recommended
an incidental catch set-aside of 6,500 mt. Subtracting this set-aside
from the initial overall HG establishes an initial directed harvest
fishery of 59,232 mt and an incidental fishery of 6,500 mt. The purpose
of the incidental fishery is to allow for the restricted incidental
landings of Pacific sardine in other fisheries, particularly other CPS
fisheries, if and when a seasonal directed fishery is closed. The
larger set aside in the third and final period is intended to
adequately account for incidental harvest by the winter market squid
fishery and to also help ensure that sardine harvests do not exceed the
ABC.
The directed harvest levels and incidental set-aside would be
initially allocated across the three seasonal allocation periods in the
following way: January 1-June 30, 22,006 mt would be allocated for
directed harvest with an incidental set-aside of 1,000 mt; July 1-
September 14, 25,293 mt would be allocated for directed harvest with an
incidental set-aside of 1,000 mt; September 15-December 31, 11,933 mt
would be allocated for directed harvest with an incidental set-aside of
4,500 mt. If during any of the seasonal allocation periods the
applicable adjusted directed harvest allocation is projected to be
taken, fishing would be closed to directed harvest and only incidental
harvest would be allowed. For the
[[Page 253]]
remainder of the period, any incidental Pacific sardine landings would
be counted against that period's incidental set-aside. The proposed
incidental fishery would also be constrained to a 20 percent by weight
incidental catch rate when Pacific sardine are landed with other CPS so
as to minimize the targeting of Pacific sardine. In the event that an
incidental set aside is projected to be attained, all fisheries will be
closed to the retention of Pacific sardine for the remainder of the
period. If the set-aside is not fully attained or is exceeded in a
given seasonal period, the directed harvest allocation in the following
seasonal period would automatically be adjusted to account for the
discrepancy. Additionally, if during any seasonal period the directed
harvest allocation is not fully attained or is exceeded, then the
following period's directed harvest total would be adjusted to account
for this discrepancy as well.
If the total HG or these apportionment levels for Pacific sardine
are reached or are expected to be reached, the Pacific sardine fishery
would be closed via appropriate rulemaking until it re-opens either per
the allocation scheme or the beginning of the next fishing season. The
Regional Administrator would publish a notice in the Federal Register
announcing the date of such closures.
Detailed information on the fishery and the stock assessment are
found in the report ``Assessment of Pacific Sardine Stock for U.S.
Management in 2009'' (see ADDRESSES).
The formula in the CPS FMP uses the following factors to
determine the HG:
1. Biomass. The estimated stock biomass of Pacific sardine age one
and above for the 2009 management season is 662,886 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 2009,
the fraction used was 15 percent, based on three seasons of sea surface
temperature at Scripps Pier, California.
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.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act, 5 U.S.C. note. The IRFA describes the economic impact
this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section in
the preamble and in the SUMMARY section of the preamble. The results of
the analysis are stated below. For copies of the IRFA, and instructions
on how to send comments on the IRFA, please see the ADDRESSES section
above.
The purpose of this proposed rule is to implement the 2009 HG for
Pacific sardine in the U.S. EEZ off the Pacific coast. The HG is
proposed according to the regulations implementing the CPS FMP and
establishes allowable harvest levels for Pacific sardine off the
Pacific coast. The HG is determined using an environmentally-based
formula accounting for the effect of ocean conditions on stock
productivity.
The HG is apportioned based on the following allocation scheme: 35
percent of the HG is allocated coastwide on January 1; 40 percent of
the HG, plus any portion not harvested from the initial allocation is
then reallocated coastwide on July 1; and on September 15 the remaining
25 percent, plus any portion not harvested from earlier allocations
will be released. If the total HG 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 an allocation period or
the year; the HG and seasonal allocations are available until fully
utilized by the entire CPS fleet.
The small entities that would be affected by the proposed action
are the vessels that compose the West Coast CPS finish fleet.
Approximately 107 vessels are permitted to operate in the sardine
fishery component of the CPS fishery off the U.S. West Coast; 63
permits in the Federal CPS limited entry fishery off California (south
of 39[deg] 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 2008 fishing year the HG was set at 89,093 mt.
Approximately 87,000 mt (58,000 in California and 29,000 in Oregon and
Washington) of this HG was harvested during the 2008 fishing season
with an estimated ex-vessel value of $14.5 million. Although the 2008
HG was 42 percent lower than the HG for 2007, due to an increase in
average annual ex-vessel price per pound annual ex-vessel revenue for
2008 was similar to that in 2007.
The proposed HG for the 2009 Pacific sardine fishing season
(January 1, 2009 through December 31, 2009) is 65,732 metric tons (mt).
This HG is 25 percent lower than the HG for 2008. If the fleet were to
take the entire 2009 HG, and assuming a coastwide average ex-vessel
price per mt of $168, the potential revenue to the fleet would be
approximately $11 million. This would be similar to the average total
coastwide ex-vessel value achieved from 2002-2007. Whether this will
occur 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 from
Pacific sardine.
There will likely be a drop in profitability based on this rule
compared to last season due to the lower HG this year. However, from
2002 through 2007 the average coastwide annual ex-vessel revenue was
$11 million, therefore at current ex-vessel
[[Page 254]]
price per mt, the harvest guideline for 2009 should provide similar
revenue as seen from 2002 through 2007.
No significant alternatives to this proposed rule exist that would
accomplish the stated objectives of the applicable statutes and which
would minimize any significant economic impact of this proposed rule on
the affected small entities. The CPS FMP and its implementing
regulations require NMFS to set an annual HG for the Pacific sardine
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. Determining the annual HG merely
implements the established procedures of the FMP with the goal of
continuing to provide expected net benefits to the nation, regardless
of what the specific annual allowable harvest of Pacific sardine is
determined to be.
There are no reporting, record-keeping, or other compliance
requirements required by this proposed rule. Additionally, no other
Federal rules duplicate, overlap or conflict with this proposed rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 29, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. E8-31344 Filed 1-2-09; 8:45 am]
BILLING CODE 3510-22-S
