Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 56976-56978 [2010-23254]
Download as PDF
<![CDATA[
56976
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
indicates the shipment meets or exceeds the
recommendations of the World Organization
for Animal Health in its Aquatic Animal
Health Code on Batrachochytrium
dendrobatidis.
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
We are seeking information on the
importation and transportation of live
amphibians or their eggs and chytrid
fungus (also known as
chytridiomycosis) for possible addition
to the injurious wildlife list under the
Lacey Act.
The regulations contained in 50 CFR
part 16 implement the Lacey Act. Under
the terms of the injurious wildlife
provisions of the Lacey Act, the
Secretary of the Interior is authorized to
prohibit the importation and interstate
transportation of species designated by
the Secretary as injurious. Injurious
wildlife are those species, offspring, and
eggs that are injurious or potentially
injurious to wildlife or wildlife
resources, to human beings, or to the
interests of forestry, horticulture, or
agriculture of the United States. Wild
mammals, wild birds, fish, mollusks,
crustaceans, amphibians, and reptiles
are the only organisms that can be
added to the injurious wildlife list. The
lists of injurious wildlife are provided at
50 CFR 16.11–16.15. If the process
initiated by this notice results in the
addition of a species to the list of
injurious wildlife contained in 50 CFR
part 16, their importation into or
transportation between States, the
District of Columbia, the
Commonwealth of Puerto Rico, or any
territory or possession of the United
States would be prohibited, except by
permit for zoological, educational,
medical, or scientific purposes (in
accordance with permit regulations at
50 CFR 16.22), or by Federal agencies
without a permit solely for their own
use.
Public Comments
This notice of inquiry requests
biological, economic, or other data
regarding the addition of live
amphibians as injurious unless free of
Batrachochytrium dendrobatidis
(chytrid fungus) to the list of injurious
wildlife. This information, along with
other sources of data, will be used to
determine if live amphibians or their
eggs that are infected with
Batrachochytrium dendrobatidis are a
threat, or potential threat, to those
interests of the United States delineated
above, and thus warrant addition to the
list of injurious wildlife in 50 CFR
16.14.
You may submit your information and
materials concerning this notice of
inquiry by one of the methods listed in
the ADDRESSES section. If you submit a
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
comment via https://
www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this notice of inquiry,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Room 770, 4401 North Fairfax
Drive, Arlington, VA 22203.
We are soliciting information and
supporting data from the public to gain
substantive information, and we
specifically seek information on the
following questions regarding the
importation of live amphibians and
their eggs infected with
Batrachochytrium dendrobatidis
(chytrid fungus):
(1) What Federal, State, or tribal
regulations exist to prevent the spread
of chytrid fungus?
(2) Are there any known mechanisms
in the United States to test for, control,
or regulate movement or interstate
transport of chytrid fungus?
(3) How many businesses import live
amphibians or their eggs into the United
States?
(4) How many businesses sell live
amphibians or their eggs for interstate
commerce?
(5) What are the annual sales of these
imported live amphibians and their
eggs?
(6) What species of amphibians, fish,
or other class of animal have been
affected by chytrid fungus in the United
States and how were they infected?
(7) What are the current and potential
effects to species listed as threatened or
endangered under the ESA that are
contaminated with chytrid fungus?
(8) What are the potential costs of
recovering threatened or endangered
species affected by chytrid fungus?
(9) What is the likelihood that wild
amphibians would be affected by the
importation of live amphibians or their
eggs that harbor chytrid fungus?
(10) What would it cost to eradicate
chytrid fungus?
(11) Are there any potential benefits
to allowing the chytrid fungus pathogen
to be imported?
(12) What is the potential for the
industries that conduct trade in
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
amphibians to self-police through
voluntary best practices; for example,
how successful is the ‘‘Bd-Free ‘Phibs
Campaign’’ sponsored by the Pet
Industry Joint Advisory Council?
(13) What peer-reviewed methods for
detecting chytrid fungus have been
published?
(14) Are there any other comments or
information regarding the listing of live
amphibians as injurious unless free of
chytrid fungus?
Dated: September 10, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2010–23039 Filed 9–16–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100830407–0410–02]
RIN 0648–XY51
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
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
levels for Pacific mackerel off the Pacific
coast. The proposed total HG for the
2010–2011 fishing year is 11,000 metric
tons (mt) and is proposed to be divided
into a directed fishery HG of 8,000 mt
and an incidental fishery of 3,000 mt.
DATES: Comments must be received by
October 18, 2010.
ADDRESSES: You may submit comments
on this proposed rule identified by
0648–XY51 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.
SUMMARY:
E:\FR\FM\17SEP1.SGM
17SEP1
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
• Fax: (562)980–4047, Att: Amber
Morris
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:
Amber Morris, Southwest Region,
NMFS, (562) 980–3231.
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.
The biomass and harvest
specifications for each actively managed
species within the CPS FMP are
reviewed every year by the Pacific
Fishery Management Council (Council)
at their public meetings. The Scientific
and Statistical Committee’s (SSC) CPS
Subcommittee, the Coastal Pelagic
Species Management Team (Team) and
the Council’s Coastal Pelagic Species
Advisory Subpanel (Subpanel) review
and discuss the biomass, the acceptable
biological catch (ABC) and the status of
the fisheries and present their
comments to the Council. Following
review by the Council and after hearing
public comments, the Council makes its
HG recommendation to NOAA’s
National Marine Fisheries Service
(NMFS). A rule implementing the
annual HG is published in the Federal
Register as close as practicable to the
start of the fishing season.
A full assessment for Pacific mackerel
was conducted and then reviewed by a
Stock Assessment Review (STAR) Panel
in May 2009. This assessment estimated
the biomass of Pacific Mackerel to be
282,049 metric tons (mt). Based on this
estimated biomass, the harvest control
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
rule in the CPS FMP produced an ABC
of 55,408 mt. The Council depended on
the 2009 full assessment and 2009
landings to make management decisions
for the 2010 fishing season. Based on
this information, the Council
recommended an ABC of 55,408 mt
(calculated from the 2009 biomass
estimate of 282,049 mt) and an overall
HG for the July 1, 2010, through June 30,
2011, fishing season of 11,000 mt with
8,000 mt allocated to a directed fishery
and 3,000 mt set aside for incidental
landings in other CPS fisheries should
the 8,000 mt directed fishery HG be
attained. These proposed harvest levels
are nearly identical to those
implemented in 2009, for which the HG
was 10,000 mt with 8,000 mt for the
directed fishery and 2,000 mt for the
incidental landings. The proposed 1,000
mt increase in the set aside for
incidental landings this season was in
response to comments by industry that
Pacific mackerel availability to the fleet
may be increasing and that fishing
opportunities for other CPS could be
forgone if the mackerel season closed
early.
The Council also recommended the
following specifications for the 2010–
2011 management of Pacific mackerel:
First, NMFS will close the directed
fishery if the 8,000 mt directed fishery
HG is attained, and second, a 45–
percent incidental catch allowance will
be established for landing Pacific
mackerel with other CPS (in other
words, no more than 45% by weight of
the CPS landed per trip may be Pacific
mackerel) with the exception that up to
1 mt of Pacific mackerel could be
landed per trip without landing any
other CPS.
NMFS proposes to set the overall HG
for the Pacific mackerel 2010–2011
fishing season at 11,000 mt with 8,000
mt allocated to a directed fishery and
3,000 mt set aside for incidental
landings in other CPS fisheries should
the 8,000 mt directed fishery HG be
attained. If 8,000 mt are landed the
directed fishery for Pacific mackerel
will close and a 45–percent by weight
incidental trip allowance for landing
Pacific mackerel with other CPS will be
implemented, with the exception that 1
mt may be landed per trip without 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
Year (see ADDRESSES).
The harvest control rule formula in
the FMP uses the following factors to
determine the ABC:
PO 00000
Frm 00067
Fmt 4702
Sfmt 4702
56977
1. Biomass. The estimated stock
biomass of Pacific mackerel age one and
above
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 for Fisheries
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
explained below:
The purpose of this proposed rule is to
implement the 2010–2011 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. All of 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
E:\FR\FM\17SEP1.SGM
17SEP1
56978
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
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.
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
During the 2008/2009 fishing year
approximately 4,000 mt of Pacific mackerel
were landed with an estimated ex-vessel
value of $780,000 and during the 2009/2010
fishing year approximately 3,190 mt of
Pacific mackerel were landed with an
estimated ex-vessel value of $622,230. The
proposed HG for the 2010/2011 Pacific
mackerel fishing season (July 1, 2009 through
June 30, 2010) is 11,000 mt. If the fleet were
to take the entire 2010/2011 HG, and
assuming no change in the coastwide average
ex-vessel price per mt of approximately $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
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
to easily find schools relatively close to port.
If there is no change in market conditions
(i.e., an increase demand for Pacific mackerel
product), it is not likely that the full HG will
be taken during the 2010–2011 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 to 2009 is 4,886 mt with
average annual ex-vessel revenue of
$861,775. Based on this catch and revenue
history for Pacific mackerel over the nine
years, NMFS does not anticipate a drop in
profitability based on this rule as the 2010/
2011 available harvest (11,000 mt) is 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
PO 00000
Frm 00068
Fmt 4702
Sfmt 9990
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
$12.5 million in 2009 and market squid
which had an estimated ex-vessel of $56
million in 2009. 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 13, 2010.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2010–23254 Filed 9–16–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\17SEP1.SGM
17SEP1
]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56976-56978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23254]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100830407-0410-02]
RIN 0648-XY51
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 levels for
Pacific mackerel off the Pacific coast. The proposed total HG for the
2010-2011 fishing year is 11,000 metric tons (mt) and is proposed to be
divided into a directed fishery HG of 8,000 mt and an incidental
fishery of 3,000 mt.
DATES: Comments must be received by October 18, 2010.
ADDRESSES: You may submit comments on this proposed rule identified by
0648-XY51 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.
[[Page 56977]]
Fax: (562)980-4047, Att: Amber Morris
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: Amber Morris, Southwest Region, NMFS,
(562) 980-3231.
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.
The biomass and harvest specifications for each actively managed
species within the CPS FMP are reviewed every year by the Pacific
Fishery Management Council (Council) at their public meetings. The
Scientific and Statistical Committee's (SSC) CPS Subcommittee, the
Coastal Pelagic Species Management Team (Team) and the Council's
Coastal Pelagic Species Advisory Subpanel (Subpanel) review and discuss
the biomass, the acceptable biological catch (ABC) and the status of
the fisheries and present their comments to the Council. Following
review by the Council and after hearing public comments, the Council
makes its HG recommendation to NOAA's National Marine Fisheries Service
(NMFS). A rule implementing the annual HG is published in the Federal
Register as close as practicable to the start of the fishing season.
A full assessment for Pacific mackerel was conducted and then
reviewed by a Stock Assessment Review (STAR) Panel in May 2009. This
assessment estimated the biomass of Pacific Mackerel to be 282,049
metric tons (mt). Based on this estimated biomass, the harvest control
rule in the CPS FMP produced an ABC of 55,408 mt. The Council depended
on the 2009 full assessment and 2009 landings to make management
decisions for the 2010 fishing season. Based on this information, the
Council recommended an ABC of 55,408 mt (calculated from the 2009
biomass estimate of 282,049 mt) and an overall HG for the July 1, 2010,
through June 30, 2011, fishing season of 11,000 mt with 8,000 mt
allocated to a directed fishery and 3,000 mt set aside for incidental
landings in other CPS fisheries should the 8,000 mt directed fishery HG
be attained. These proposed harvest levels are nearly identical to
those implemented in 2009, for which the HG was 10,000 mt with 8,000 mt
for the directed fishery and 2,000 mt for the incidental landings. The
proposed 1,000 mt increase in the set aside for incidental landings
this season was in response to comments by industry that Pacific
mackerel availability to the fleet may be increasing and that fishing
opportunities for other CPS could be forgone if the mackerel season
closed early.
The Council also recommended the following specifications for the
2010-2011 management of Pacific mackerel: First, NMFS will close the
directed fishery if the 8,000 mt directed fishery HG is attained, and
second, a 45-percent incidental catch allowance will be established for
landing Pacific mackerel with other CPS (in other words, no more than
45% by weight of the CPS landed per trip may be Pacific mackerel) with
the exception that up to 1 mt of Pacific mackerel could be landed per
trip without landing any other CPS.
NMFS proposes to set the overall HG for the Pacific mackerel 2010-
2011 fishing season at 11,000 mt with 8,000 mt allocated to a directed
fishery and 3,000 mt set aside for incidental landings in other CPS
fisheries should the 8,000 mt directed fishery HG be attained. If 8,000
mt are landed the directed fishery for Pacific mackerel will close and
a 45-percent by weight incidental trip allowance for landing Pacific
mackerel with other CPS will be implemented, with the exception that 1
mt may be landed per trip without 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 Year (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
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 for Fisheries 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 explained below:
The purpose of this proposed rule is to implement the 2010-2011
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[deg] N. latitude;
Point Arena, California) of the fishery. Sixty-two vessels are
currently permitted in the Federal CPS limited entry fishery off
California. All of 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
[[Page 56978]]
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 2008/2009 fishing year approximately 4,000 mt of
Pacific mackerel were landed with an estimated ex-vessel value of
$780,000 and during the 2009/2010 fishing year approximately 3,190
mt of Pacific mackerel were landed with an estimated ex-vessel value
of $622,230. The proposed HG for the 2010/2011 Pacific mackerel
fishing season (July 1, 2009 through June 30, 2010) is 11,000 mt. If
the fleet were to take the entire 2010/2011 HG, and assuming no
change in the coastwide average ex-vessel price per mt of
approximately $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., an
increase demand for Pacific mackerel product), it is not likely that
the full HG will be taken during the 2010-2011 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 to
2009 is 4,886 mt with average annual ex-vessel revenue of $861,775.
Based on this catch and revenue history for Pacific mackerel over
the nine years, NMFS does not anticipate a drop in profitability
based on this rule as the 2010/2011 available harvest (11,000 mt) is
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 $12.5 million in 2009
and market squid which had an estimated ex-vessel of $56 million in
2009. 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 13, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2010-23254 Filed 9-16-10; 8:45 am]
BILLING CODE 3510-22-S
