Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 36192-36193 [2012-14586]
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36192
§ 76.56
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations
[Amended]
2. In § 76.56, remove paragraphs (d)(3)
through (d)(5).
■
[FR Doc. 2012–14816 Filed 6–15–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120403254–2135–02]
RIN 0648–XB045
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement the annual catch limit (ACL),
harvest guideline (HG), annual catch
target (ACT) and associated annual
reference points for Pacific mackerel in
the U.S. exclusive economic zone (EEZ)
off the Pacific coast for the fishing year
season of July 1, 2011, through June 30,
2012. NMFS establishes the ACL, HG,
and ACT under the regulations
implementing the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP) for Pacific mackerel off the
Pacific coast. The ACL (or maximum
HG) for the 2011–2012 Pacific mackerel
fishing year is 40,514 metric tons (mt).
The ACT, which will be the directed
fishery harvest target, is 30,386 mt. If
the fishery attains the ACT, the directed
fishery will close, reserving the
difference between the ACL and ACT
(which is 10,128 mt) as a set-aside for
incidental landings in other CPS
fisheries. This final rule is intended to
conserve and manage the Pacific
mackerel stock off the U.S. West Coast.
DATES: Effective June 18, 2012, through
June 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: During
annual public meetings, the NMFS
Southwest Fisheries Science Center
presents the estimated biomass for
Pacific mackerel to the Pacific Fishery
Management Council’s (Council) CPS
Management Team (Team), the
Council’s CPS Advisory Subpanel
(Subpanel) and the Council’s Scientific
and Statistical Committee (SSC), and the
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:18 Jun 15, 2012
Jkt 226001
biomass and the status of the fisheries
are reviewed and discussed. The SSC
(and the other teams) then present the
estimated biomass to the Council along
with the calculated overfishing limit
(OFL), available biological catch (ABC),
ACL and ACT (and/or HG)
recommendations, and the Council
listens to comments from the Team,
Subpanel and SSC. Following review by
the Council and after considering public
comment, the Council adopts a biomass
estimate and makes its catch level
recommendations to NMFS.
This final rule will implement the
2011–2012 Pacific mackerel fishery
ACL, HG, ACT and other annual catch
reference points, including OFL and an
ABC that takes into consideration
uncertainty surrounding the current
estimate of biomass, for Pacific mackerel
in the U.S. EEZ off the Pacific coast.
(The EEZ off the Pacific Coast
encompasses ocean waters seaward of
the outer boundary of state waters,
which is 3 nautical miles off the coast,
out to a line 200 nautical miles from the
coast.) The CPS FMP and its
implementing regulations require NMFS
to set these annual catch levels for the
Pacific mackerel fishery based on the
annual specification framework in the
FMP. This framework includes a harvest
control rule that determines the
maximum HG, the primary management
target for the fishery, for the current
fishing season. The HG is based, in large
part, on the current estimate of stock
biomass. The harvest control rule in the
CPS FMP is HG = [(Biomass-Cutoff) *
Fraction * Distribution] with the
parameters described as follows:
1. Biomass. The estimated stock
biomass of Pacific mackerel for the
2011–2012 management season is
211,126 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. Fraction. The harvest fraction
(30%) is the percentage of the biomass
above 18,200 mt that may be harvested.
4. Distribution. The average portion
(currently 70%) of the total Pacific
mackerel biomass that is estimated to be
in the U.S. EEZ off the Pacific coast,
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.
At the June 2011 Council meeting, the
Council adopted the 2011–12 Pacific
mackerel assessment and a Pacific
mackerel biomass estimate of 211,126
mt. Based on recommendations from its
SSC and other advisory bodies, the
Council recommended, and NMFS is
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
implementing, an OFL of 44,336 mt, an
ABC of 42,375 mt, an ACL and
maximum harvest guideline (HG) of
40,514 mt, and an ACT of 30,386 mt for
the 2011/2012 Pacific mackerel fishing
year. These catch specifications are
based on the most recent stock
assessment and the control rules
established in the CPS FMP.
As of April 2012 the fishery had
landed 1,120 mt of Pacific mackerel
which is less than 2% of the current
ACL. Although it is highly unlikely that
the ACL will be reached, if the ACT is
attained, the directed fishery will close,
and the difference between the ACL and
ACT (10,128 mt) will be reserved as a
set-aside for incidental landings in other
CPS fisheries and for other sources of
mortality. In that event, for the
remainder of the fishing year incidental
harvest measures will be in place,
including a 45% incidental catch
allowance when Pacific mackerel are
landed with other CPS (in other words,
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 could be landed
without landing any other CPS. Upon
the fishery attaining the ACL/HG
(40,514 mt), no vessels in CPS fisheries
may retain Pacific mackerel. The
purpose of the incidental set-aside and
allowance of an incidental fishery is to
allow for the restricted incidental
landings of Pacific mackerel in other
fisheries, particularly other CPS
fisheries, when the directed fishery is
closed to reduce bycatch and allow for
continued prosecution of other
important CPS fisheries. The NMFS
Southwest Regional Administrator will
publish a notice in the Federal Register
announcing the date of any closure to
either directed or incidental fishing.
On April 12, 2012, NMFS published
a proposed rule for this action and
solicited public comments (77 FR
21958). No comments were received.
For further background information on
this action please refer to the preamble
of the proposed rule (77 FR 21958, April
12, 2012).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that this final rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable laws.
NMFS finds good cause pursuant to 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for the
establishment of the harvest
E:\FR\FM\18JNR1.SGM
18JNR1
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
specifications for the 2011–2012 Pacific
mackerel fishing season. Making this
rule effective immediately upon
publication is necessary to ensure the
provisions of the CPS FMP for the
conservation and management of Pacific
mackerel are implemented this fishing
year. Making this rule effective 30 days
after publication would cause confusion
among regulated parties and to the
public because the specifications would
not be in place during the relevant
fishing year in which they apply. As
VerDate Mar<15>2010
16:18 Jun 15, 2012
Jkt 226001
such, the delay would undermine the
very intention of this rulemaking.
This final rule is 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 during
the proposed rule stage that this action
would not have significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
PO 00000
Frm 00079
Fmt 4700
Sfmt 9990
36193
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 11, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–14586 Filed 6–15–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\18JNR1.SGM
18JNR1
Agencies
[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36192-36193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120403254-2135-02]
RIN 0648-XB045
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual catch
limit (ACL), harvest guideline (HG), annual catch target (ACT) and
associated annual reference points for Pacific mackerel in the U.S.
exclusive economic zone (EEZ) off the Pacific coast for the fishing
year season of July 1, 2011, through June 30, 2012. NMFS establishes
the ACL, HG, and ACT under the regulations implementing the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP) for Pacific
mackerel off the Pacific coast. The ACL (or maximum HG) for the 2011-
2012 Pacific mackerel fishing year is 40,514 metric tons (mt). The ACT,
which will be the directed fishery harvest target, is 30,386 mt. If the
fishery attains the ACT, the directed fishery will close, reserving the
difference between the ACL and ACT (which is 10,128 mt) as a set-aside
for incidental landings in other CPS fisheries. This final rule is
intended to conserve and manage the Pacific mackerel stock off the U.S.
West Coast.
DATES: Effective June 18, 2012, through June 30, 2012.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: During annual public meetings, the NMFS
Southwest Fisheries Science Center presents the estimated biomass for
Pacific mackerel to the Pacific Fishery Management Council's (Council)
CPS Management Team (Team), the Council's CPS Advisory Subpanel
(Subpanel) and the Council's Scientific and Statistical Committee
(SSC), and the biomass and the status of the fisheries are reviewed and
discussed. The SSC (and the other teams) then present the estimated
biomass to the Council along with the calculated overfishing limit
(OFL), available biological catch (ABC), ACL and ACT (and/or HG)
recommendations, and the Council listens to comments from the Team,
Subpanel and SSC. Following review by the Council and after considering
public comment, the Council adopts a biomass estimate and makes its
catch level recommendations to NMFS.
This final rule will implement the 2011-2012 Pacific mackerel
fishery ACL, HG, ACT and other annual catch reference points, including
OFL and an ABC that takes into consideration uncertainty surrounding
the current estimate of biomass, for Pacific mackerel in the U.S. EEZ
off the Pacific coast. (The EEZ off the Pacific Coast encompasses ocean
waters seaward of the outer boundary of state waters, which is 3
nautical miles off the coast, out to a line 200 nautical miles from the
coast.) The CPS FMP and its implementing regulations require NMFS to
set these annual catch levels for the Pacific mackerel fishery based on
the annual specification framework in the FMP. This framework includes
a harvest control rule that determines the maximum HG, the primary
management target for the fishery, for the current fishing season. The
HG is based, in large part, on the current estimate of stock biomass.
The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) *
Fraction * Distribution] with the parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific mackerel for the
2011-2012 management season is 211,126 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. Fraction. The harvest fraction (30%) is the percentage of the
biomass above 18,200 mt that may be harvested.
4. Distribution. The average portion (currently 70%) of the total
Pacific mackerel biomass that is estimated to be in the U.S. EEZ off
the Pacific coast, 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.
At the June 2011 Council meeting, the Council adopted the 2011-12
Pacific mackerel assessment and a Pacific mackerel biomass estimate of
211,126 mt. Based on recommendations from its SSC and other advisory
bodies, the Council recommended, and NMFS is implementing, an OFL of
44,336 mt, an ABC of 42,375 mt, an ACL and maximum harvest guideline
(HG) of 40,514 mt, and an ACT of 30,386 mt for the 2011/2012 Pacific
mackerel fishing year. These catch specifications are based on the most
recent stock assessment and the control rules established in the CPS
FMP.
As of April 2012 the fishery had landed 1,120 mt of Pacific
mackerel which is less than 2% of the current ACL. Although it is
highly unlikely that the ACL will be reached, if the ACT is attained,
the directed fishery will close, and the difference between the ACL and
ACT (10,128 mt) will be reserved as a set-aside for incidental landings
in other CPS fisheries and for other sources of mortality. In that
event, for the remainder of the fishing year incidental harvest
measures will be in place, including a 45% incidental catch allowance
when Pacific mackerel are landed with other CPS (in other words, 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 could be landed
without landing any other CPS. Upon the fishery attaining the ACL/HG
(40,514 mt), no vessels in CPS fisheries may retain Pacific mackerel.
The purpose of the incidental set-aside and allowance of an incidental
fishery is to allow for the restricted incidental landings of Pacific
mackerel in other fisheries, particularly other CPS fisheries, when the
directed fishery is closed to reduce bycatch and allow for continued
prosecution of other important CPS fisheries. The NMFS Southwest
Regional Administrator will publish a notice in the Federal Register
announcing the date of any closure to either directed or incidental
fishing.
On April 12, 2012, NMFS published a proposed rule for this action
and solicited public comments (77 FR 21958). No comments were received.
For further background information on this action please refer to the
preamble of the proposed rule (77 FR 21958, April 12, 2012).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that this final rule is consistent with the CPS FMP, other
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act, and other applicable laws.
NMFS finds good cause pursuant to 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness for the establishment of the harvest
[[Page 36193]]
specifications for the 2011-2012 Pacific mackerel fishing season.
Making this rule effective immediately upon publication is necessary to
ensure the provisions of the CPS FMP for the conservation and
management of Pacific mackerel are implemented this fishing year.
Making this rule effective 30 days after publication would cause
confusion among regulated parties and to the public because the
specifications would not be in place during the relevant fishing year
in which they apply. As such, the delay would undermine the very
intention of this rulemaking.
This final rule is 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 during the proposed rule stage that this action would
not have significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 11, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-14586 Filed 6-15-12; 8:45 am]
BILLING CODE 3510-22-P