Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 49845-49847 [E9-23463]
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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules
CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
species based on those updates in
scientific information. Therefore, based
on information submitted by the
petitioners and information in Service
files, we find the information
concerning advancements in science
and new information concerning the
needs of the species to be substantial
information. We now know more
specifically where habitat exists for
manatees that is critical to their survival
and recovery. As a consequence, we
have determined that a revision to
critical habitat for the manatee may be
warranted to address new information
concerning habitat usage and needs.
(4) Petitioners Claim that The U.S. Fish
and Wildlife Service Recognizes the
Need for Revision.
The petitioners cite passages from
Service consultation documents and the
current Florida Manatee Recovery Plan
(Recovery Plan) as evidence that we
have stated the need to assess and revise
critical habitat for the Florida manatee
(p. 17). Specifically, the petitioners cite
a biological opinion regarding U.S.
Army Corps of Engineers Application
(No. 4-1-97-F-602): ‘‘The action area is
within designated critical habitat for the
manatee; however, no specific primary
or secondary constituent elements were
included in the critical habitat
designation, making it difficult to
determine when an action adversely
modifies critical habitat.’’ The
petitioners state that the Service’s
Recovery Plan acknowledges the need to
revise critical habitat and cite Recovery
Action 3.5 from the Recovery Plan:
‘‘Much has been learned about manatee
distribution in the decades since
manatee critical habitat was originally
defined. The FWS should assess the
need to revise critical habitat for the
Florida manatee.’’
The Service disagrees with the
petitioner’s statement that the Recovery
Plan acknowledges the need to revise
critical habitat; however, we do
acknowledge that the 2001 Florida
Manatee Recovery Plan contains a
recovery action, including the
recommendation as stated above, to
assess the need to revise critical habitat.
Although the Service believes
‘‘assessing the need’’ is not the same as
‘‘recognizing the need’’ for revision, we
find that the information submitted by
the petitioner in this category to be
substantial information indicating that a
revision to critical habitat for the
manatee may be warranted.
Petitioners’ Proposed Revisions to
Critical Habitat
In addition to identifying the
deficiencies noted above with the
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15:35 Sep 28, 2009
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current Florida manatee critical habitat
designation, the petitioners dedicate an
entire section of the petition to specific
proposed revisions to manatee critical
habitat in Florida. These proposed
revisions include a description of
geographic boundaries within each
regional management unit that would
alter the currently designated critical
habitat, as well as recommended
physical and biological features
essential to the conservation of the
manatee that would require protection
and special attention either throughout
all or portions of the petition’s proposed
geographical boundary revisions.
Within each geographic management
unit (Northwest Region, Southwest
Region, Atlantic Region, and Upper St.
Johns River Region), the petitioners
provide a list of the currently designated
critical habitat areas followed by their
proposed revisions to those areas. In
most cases, the petitioners list
additional areas that they believe should
be included in a revision to the
currently designated critical habitat
boundaries. They cite available
scientific data to support their proposal.
The list of essential features
recommended by the petitioners for
each of these geographic areas includes
warm water (natural springs, passive
thermal basins, and power plant thermal
discharges); various food sources
(seagrasses and freshwater vegetation);
travel corridors; shelter (for calving and
from disturbances); fresh water; and
other habitat features (water depth,
water quality and salinity).
The Service recognizes the
importance of warm water habitat to
manatees; however, we have not
evaluated potential physical and
biological features essential to the
conservation of the manatee. The
Service makes no statement at this time
on the specific proposals by the
petitioners for the constituent elements
or for the areas presented as revised
critical habitat geographic boundaries.
We do believe that any revision to
critical habitat should reflect the current
understanding of the conservation needs
of the species.
Finding
Our process for making this 90–day
finding under section 4(b)(3)(D) of the
Act is limited to a determination of
whether the information in the petition
presents ‘‘substantial scientific
information,’’ which is interpreted in
our regulations as ‘‘that amount of
information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted’’ (50 CFR 424.14(b)).
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49845
Based on this review and evaluation,
in addition to the information readily
available in our files, we find that the
petition has presented substantial
scientific information indicating that
revision of the critical habitat
designation for the Florida manatee may
be warranted. Therefore, we are
initiating a review to determine how we
intend to proceed with the request to
revise the critical habitat designation
under the Act for the Florida manatee.
References Cited
A complete list of all references cited
in this rule is available on the Internet
at https://www.regulations.govor upon
request from the Field Supervisor,
Jacksonville, Florida Ecological Services
Office (see FOR FURTHER INFORMATION
CONTACT).
Author(s)
The primary authors of this notice are
the staff members of the Jacksonville,
Florida Ecological Services Office (see
FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: September 16, 2009.
Thomas L. Strickland
Assistant Secretary for Fish and Wildlife and
Parks
[FR Doc. E9–23245 Filed 9–28– 09; 8:45 am]
BILLING CODE 4310–55–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0909111273–91274–01]
RIN 0648–XR09
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. This HG is
proposed according to the regulations
implementing the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP) and establishes allowable harvest
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CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
49846
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules
levels for Pacific mackerel off the Pacific
coast. The proposed total HG for the
2009–2010 fishing year is 10,000 metric
tons (mt) and is proposed to be divided
into a directed fishery HG of 8,000 mt
and an incidental fishery of 2,000 mt.
DATES: Comments must be received by
October 29, 2009.
ADDRESSES: You may submit comments
on this proposed rule identified by
0648–XR09 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 2009–2010
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 is implemented by
regulation at 50 CFR part 660, subpart
I, divides management unit species into
two categories: actively managed and
monitored. The HGs for actively
managed species (Pacific sardine and
Pacific mackerel) are based on formulas
applied to current biomass estimates.
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 (Pacific Council)
Coastal Pelagic Species Management
Team (Team), the Council’s Coastal
Pelagic Species Advisory Subpanel
(Subpanel) and the CPS Subcommitee of
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15:35 Sep 28, 2009
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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.
For the 2009–2010 Pacific mackerel
management season a full assessment
for Pacific mackerel was conducted and
then reviewed by a Stock Assessment
Review (STAR) Panel in May 2009. This
most recent full assessment for Pacific
mackerel estimates the current biomass
to be 282,049 mt. Based on this
estimated biomass, the harvest control
rule in the CPS FMP produces an ABC
of 55,408 mt.
At the June 2009 Pacific Council
Meeting, the Council reviewed the
current Pacific mackerel stock
assessment, biomass numbers, ABC and
STAR Panel Report, as well as heard
statements/reports from the SSC, Team
and Subpanel. Although the assessment
for Pacific mackerel was reviewed by a
STAR Panel and was approved by the
SSC as the best available science for use
in management, concerns were
expressed by all the advisory groups
regarding the data sources that informed
the assessment and the uncertainty in
the assessment results. Taking into
consideration these reports and
statements, the Council adopted the
most recent assessment for Pacific
mackerel along with the calculated
ABC, but recommended setting an
overall HG for the July 1, 2009 through
June 30, 2010 fishing season at 10,000
mt. The Council also recommended that
8,000 mt of this total HG be allocated for
a directed fishery and 2,000 mt be setaside for incidental Pacific mackerel
landings in other fisheries should the
8,000 mt directed fishery HG be
attained. Should the directed Pacific
mackerel fishery attain landings of 8,000
mt, the Council recommends that NMFS
close the directed fishery and establish
a 45 percent incidental catch allowance
when Pacific mackerel are landed with
other CPS (no more than 45% by weight
of the CPS landed per trip may be
Pacific mackerel), except that up to 1 mt
of Pacific mackerel can be landed
without landing any other CPS.
Information on the fishery and the
stock assessment can be found in the
report Pacific mackerel (Scomber
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Fmt 4702
Sfmt 4702
japonicus) Stock Assessment for U.S.
Management in the 2009–10 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 2009–2010 management
season is 282,049 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 2009–2010 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 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
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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules
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.
CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
During the 2007/2008 fishing year 6,200 mt
of Pacific mackerel were landed with an
estimated ex-vessel value of $900,000 and
during the 2008/2009 fishing year
approximately 4,000 mt were landed with an
estimated exvessel value of $780,000. The
proposed HG for the 2009/2010 Pacific
mackerel fishing season (July 1, 2008 through
June 30, 2009) is 10,000 mt. If the fleet were
to take the entire 2009/2010 HG, and
assuming no change in the coastwide average
ex-vessel price per mt of $200, the potential
revenue to the fleet would be approximately
$2 million.
The amount of Pacific mackerel caught
each year depends greatly on market forces
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15:35 Sep 28, 2009
Jkt 217001
within the fishery, as well as the other CPS
fisheries, and on the regional availability of
the species to the fleet and the fleets’ ability
to easily find schools relatively close to port.
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 2009–2010 fishing year,
in which case profits will be lower than if the
entire HG were taken. Additionally, the
potential lack of regional availability of the
resource to the fleet can cause a reduction in
the amount of Pacific mackerel that is
harvested, in turn, potentially reducing the
total revenue to the fleet.
The annual average U.S. Pacific mackerel
harvest from 2001/2002 to 2008/2009 is 5,584
mt with an average annual exvessel revenue
of $929,419. Based on this catch and revenue
history for Pacific mackerel over the last nine
years NMFS does not anticipate a drop in
profitability based on this rule, as the 2009/
2010 available harvest (10,000 mt) is nearly
twice the average catch during that time.
In addition, the revenue derived from
harvesting Pacific mackerel is only one factor
determining the overall revenue of the CPS
fleet and therefore the economic impact to
the fleet from the proposed action cannot be
viewed in isolation. CPS vessels typically
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Fmt 4702
Sfmt 4702
49847
harvest a number of other species, including
Pacific sardine, market squid, northern
anchovy, and tuna, with the focus on Pacific
sardine, which had an estimated ex-vessel of
$14.5 million in 2008 and market squid
which had an estimated ex-vessel of $26
million in 2008. Therefore Pacific mackerel
is only a small component of this multispecies CPS fishery.
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: September 23, 2009.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. E9–23463 Filed 9–28–09; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Proposed Rules]
[Pages 49845-49847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23463]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0909111273-91274-01]
RIN 0648-XR09
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. This HG is proposed according to the
regulations implementing the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP) and establishes allowable harvest
[[Page 49846]]
levels for Pacific mackerel off the Pacific coast. The proposed total
HG for the 2009-2010 fishing year is 10,000 metric tons (mt) and is
proposed to be divided into a directed fishery HG of 8,000 mt and an
incidental fishery of 2,000 mt.
DATES: Comments must be received by October 29, 2009.
ADDRESSES: You may submit comments on this proposed rule identified by
0648-XR09 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 2009-2010 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 is implemented by
regulation at 50 CFR part 660, subpart I, divides management unit
species into two categories: actively managed and monitored. The HGs
for actively managed species (Pacific sardine and Pacific mackerel) are
based on formulas applied to current biomass estimates.
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 (Pacific 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 annual HG is published in the Federal Register as close as
practicable to the start of the fishing season.
For the 2009-2010 Pacific mackerel management season a full
assessment for Pacific mackerel was conducted and then reviewed by a
Stock Assessment Review (STAR) Panel in May 2009. This most recent full
assessment for Pacific mackerel estimates the current biomass to be
282,049 mt. Based on this estimated biomass, the harvest control rule
in the CPS FMP produces an ABC of 55,408 mt.
At the June 2009 Pacific Council Meeting, the Council reviewed the
current Pacific mackerel stock assessment, biomass numbers, ABC and
STAR Panel Report, as well as heard statements/reports from the SSC,
Team and Subpanel. Although the assessment for Pacific mackerel was
reviewed by a STAR Panel and was approved by the SSC as the best
available science for use in management, concerns were expressed by all
the advisory groups regarding the data sources that informed the
assessment and the uncertainty in the assessment results. Taking into
consideration these reports and statements, the Council adopted the
most recent assessment for Pacific mackerel along with the calculated
ABC, but recommended setting an overall HG for the July 1, 2009 through
June 30, 2010 fishing season at 10,000 mt. The Council also recommended
that 8,000 mt of this total HG be allocated for a directed fishery and
2,000 mt be set-aside for incidental Pacific mackerel landings in other
fisheries should the 8,000 mt directed fishery HG be attained. Should
the directed Pacific mackerel fishery attain landings of 8,000 mt, the
Council recommends that NMFS close the directed fishery and establish a
45 percent incidental catch allowance when Pacific mackerel are landed
with other CPS (no more than 45% by weight of the CPS landed per trip
may be Pacific mackerel), except that up to 1 mt of Pacific mackerel
can be landed without landing any other CPS.
Information on the fishery and the stock assessment can be found in
the report Pacific mackerel (Scomber japonicus) Stock Assessment for
U.S. Management in the 2009-10 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 2009-2010 management season is 282,049 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 2009-2010
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 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
[[Page 49847]]
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.
During the 2007/2008 fishing year 6,200 mt of Pacific mackerel
were landed with an estimated ex-vessel value of $900,000 and during
the 2008/2009 fishing year approximately 4,000 mt were landed with
an estimated exvessel value of $780,000. The proposed HG for the
2009/2010 Pacific mackerel fishing season (July 1, 2008 through June
30, 2009) is 10,000 mt. If the fleet were to take the entire 2009/
2010 HG, and assuming no change in the coastwide average ex-vessel
price per mt of $200, the potential revenue to the fleet would be
approximately $2 million.
The amount of Pacific mackerel caught each year depends greatly
on market forces within the fishery, as well as the other CPS
fisheries, and on the regional availability of the species to the
fleet and the fleets' ability to easily find schools relatively
close to port. 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 2009-2010 fishing year, in
which case profits will be lower than if the entire HG were taken.
Additionally, the potential lack of regional availability of the
resource to the fleet can cause a reduction in the amount of Pacific
mackerel that is harvested, in turn, potentially reducing the total
revenue to the fleet.
The annual average U.S. Pacific mackerel harvest from 2001/2002
to 2008/2009 is 5,584 mt with an average annual exvessel revenue of
$929,419. Based on this catch and revenue history for Pacific
mackerel over the last nine years NMFS does not anticipate a drop in
profitability based on this rule, as the 2009/2010 available harvest
(10,000 mt) is nearly twice the average catch during that time.
In addition, the revenue derived from harvesting Pacific
mackerel is only one factor determining the overall revenue of the
CPS fleet and therefore the economic impact to the fleet from the
proposed action cannot be viewed in isolation. CPS vessels typically
harvest a number of other species, including Pacific sardine, market
squid, northern anchovy, and tuna, with the focus on Pacific
sardine, which had an estimated ex-vessel of $14.5 million in 2008
and market squid which had an estimated ex-vessel of $26 million in
2008. Therefore Pacific mackerel is only a small component of this
multi-species CPS fishery.
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: September 23, 2009.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. E9-23463 Filed 9-28-09; 8:45 am]
BILLING CODE 3510-22-S
