65 FR 176 pg. 54817 - Fisheries off West Coast States and in the WesternPacific; Coastal Pelagic Species Fisheries; Annual Specifications

Type: RULEVolume: 65Number: 176Page: 54817
Docket number: [Docket No. 000831250-0250-01; 071400E]
FR document: [FR Doc. 00-23253 Filed 9-8-00; 8:45 am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version:  PDF Version

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000831250-0250-01; 071400E]

RIN 0648-AN74

Fisheries off West Coast States and in the WesternPacific; Coastal Pelagic Species Fisheries; Annual Specifications

AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration (NOAA), Commerce.

ACTION:

Final harvest guideline.

SUMMARY:

NMFS announces the annual harvest guideline for Pacificmackerel in the exclusive economic zone off the Pacific coast.The Coastal Pelagic Species Fishery Management Plan (FMP) and itsimplementing regulations require NMFS to set an annual harvestguideline for Pacific mackerel based on a formula in the FMP.The intended effect of this action is to establish allowableharvest levels for Pacific mackerel off the Pacific coast.

DATES:

Effective September 11, 2000.

FOR FURTHER INFORMATION CONTACT:

James J. Morgan, Southwest Region, NMFS, 562-980-4036.

SUPPLEMENTARY INFORMATION:

The FMP, which was implemented by a final rule published inthe Federal Register on December 15, 1999 (64 FR69888), divides managed species into two categories-activelymanaged and monitored. Harvest guidelines of actively managedspecies (i.e., Pacific sardine and Pacific mackerel) are based onformulas applied to current biomass estimates. Current biomassestimates are not calculated for species that are only monitored(i.e., jack mackerel, northern anchovy, and market squid).

At a public meeting each year, the biomass for each activelymanaged species is presented by the Pacific Fishery ManagementCouncil's (Council) Coastal Pelagic Species Management Team(Team) to the Council's Coastal Pelagic Species AdvisorySubpanel (Subpanel). At that time, the biomass, the harvestguideline, and the status of the fisheries are reviewed.Following review by the Council's Scientific andStatistical committee and after hearing public comments, theCouncil makes a recommendation to NMFS, which publishes theannual harvest guideline in the Federal Register assoon as practicable before the beginning of the appropriatefishing season. The Pacific mackerel season began on July 1,2000, and ends on June 30, 2001, or until the harvest guidelineis caught and the fishery is closed. All landings of Pacificmackerel from July 1, 2000, to the effective date of this rulewill be counted toward the total harvest guideline of 20,740(metric tons) mt.

On June 8, 2000, consistent with the procedures of the FMP,the biomass report and harvest guideline for Pacific mackerelwere reviewed at a public meeting of the Team and a publicmeeting of the Subpanel at the offices of the CaliforniaDepartment of Fish and Game in Long Beach, California. Amodified virtual population analysis stock assessment model isused to estimate biomass of Pacific mackerel. The model employsboth fishery-dependent and fishery-independent indices toestimate abundance. Using this model, the biomass was calculatedthrough the end of 1999. The biomass was then estimated for July1, 2000, based on (1) the number of Pacific mackerel estimated tocomprise each year class at the beginning of 2000, (2) modeledestimates of fishing mortality during 1999, (3) assumptions fornatural and fishing mortality through the first half of 2000, and(4) estimates of age-specific growth. Based on this approach,the biomass for July 1, 2000, is 116,967 metric tons (mt) and theharvest guideline is 20,740 mt. At its meeting on June 30, 2000,in Portland, OR, the Council heard reports from the Team, theScientific and Statistical Committee, and the Subpanel. Nopublic comments were received. The Council recommendedpublishing the harvest guideline as presented.

The biomass estimated for the period July 1, 1999, throughJune 30, 2000, was 239,286 mt; therefore, the biomass for the2000/2001 fishery of 116,967 mt is a significant reduction.During calendar year 1998, Mexico harvested 50,750 mt of Pacificmackerel and the U.S. harvested 20,073 mt. This high fishingmortality is one reason for the decline in biomass. There alsohas been a general decline in age-zero fish since 1991. Fishwere scarce in the area of the fishery off the U.S. coast and offMexico during 1999.

The formula in the FMP uses the following factors to determinethe harvest guideline:

1. The biomass of Pacific mackerel. For 2000, this estimateis 116,967 mt.

2. The cutoff. This is the biomass level below which nocommercial fishery is allowed. The FMP established the cutofflevel at 18,200 mt.

3. The portion the Pacific mackerel biomass that is in U.S.waters. This estimate is 70 percent, based on the average oflarval distribution obtained from scientific cruises and thedistribution of the resource obtained from logbooks offish-spotters.

4. The harvest fraction. This is the percentage of thebiomass above 18,200 mt that may be harvested. The FMPestablished the harvest fraction at 30 percent.

Based on the estimated biomass of 116,967 mt and the formulain the FMP, a harvest guideline of 20,740 mt was calculated forthe fishery beginning on July 1, 2000. This harvest guideline isavailable for harvest for the fishing season July 1, 2000,through June 30, 2001.

Classification

This action is authorized by 50 CFR 660.509 and is exempt fromreview under Executive Order 12866.

The Assistant Administrator for Fisheries, NOAA (AA)finds forgood cause under 5 U.S.C. 553(b)(B) that providing prior noticeand an opportunity for public comment on this action isunnecessary. Providing prior notice and an opportunity forpublic comment would serve no useful purpose because establishingthe harvest guideline is a nondiscretionary act determined byfollowing procedures and formulas set in the FMP.

Because this rule merely announces the result of harvestguideline calculations and does not require any participants inthe fishery to take action or to come into compliance, the AAfinds for good cause under 5 U.S.C. 553(d)(3) that delaying theeffective date of this rule for 30 days is unnecessary.

Authority:

16 U.S.C. 1801 et seq.

Dated: September 5, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 00-23253 Filed 9-8-00; 8:45 am]

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