[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Proposed Rules]
[Page 70573-70574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-27]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 021112272-2272-01; I.D. 110202D]
RIN 0648-AP88
Fisheries Off West Coast States and in the Western Pacific;
Coastal Pelagic Species Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS proposes a regulation to implement the annual harvest
guideline for Pacific sardine in the U.S. exclusive economic zone off
the Pacific coast for the fishing season January 1, 2003, through
December 31, 2003. This harvest guideline has been calculated 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.
DATES: Comments must be received by December 10, 2002.
ADDRESSES: Send comments on the proposed rule to Rodney R. McInnis,
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213. The report Stock Assessment of
Pacific Sardine with Management Recommendations for 2003 may be
obtained at this same address.
FOR FURTHER INFORMATION CONTACT: James J. Morgan, Southwest Region,
NMFS, 562-980-4036.
SUPPLEMENTARY INFORMATION: The 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).
At a public meeting each year, the biomass for each actively
managed species is reviewed by the Pacific Fishery Management Council's
(Council) Coastal Pelagic Species Management Team (Team). The biomass,
harvest guideline, and status of the fisheries are then reviewed at a
public meeting of the Council's CPS Advisory Subpanel (Subpanel). This
information is also reviewed by the Council's Scientific and
Statistical Committee (SSC). The Council reviews reports from the Team,
Subpanel, and SSC, and then, after providing time for public comment,
makes its recommendation to NMFS. The annual harvest guideline and
season structure are published by NMFS in the Federal Register as soon
as practicable before the beginning of the appropriate fishing season.
The Pacific sardine season begins on January 1 and ends on December 31
of each year.
The CPS Team, Subpanel, and SSC meetings as described above were
held as in the past. The Team meeting took place at the Southwest
Regional Office in Long Beach, CA, on October 8, 2002. A public meeting
between the Team and the Subpanel was held at the same location that
afternoon. The Council reviewed the report at its October-
[[Page 70574]]
November meeting in Foster City, CA, when it heard comments from its
advisory bodies and the public.
Based on a biomass estimate of 999,871 metric tons (mt), the
harvest guideline for Pacific sardine for January 1, 2003, through
December 31, 2003, is 110,908 mt. The biomass estimate is slightly
lower than last year's estimate; however, this year's biomass is not
statistically different from those estimates calculated in the past.
Nevertheless, estimates from recent years suggest that the rapid growth
of the biomass observed since 1983 is leveling off.
The harvest guideline is allocated one-third for Subarea A, which
is north of 35[deg]40' N. lat. (Pt. Piedras Blancas, CA) to the
Canadian border, and two-thirds for Subarea B, which is south of
35[deg]' N. lat. to the Mexican border. Under this proposed rule, the
northern allocation for 2003 would be 36,969 mt; the southern
allocation would be 73,939 mt. In 2002, the northern allocation was
39,481 mt and the southern allocation was 78,961 mt.
Normally, an incidental landing allowance of sardine in landings of
other CPS is set at the beginning of the fishing season. The incidental
allowance would become effective if the harvest guideline is reached
and the fishery closed. A landing allowance of sardine up to 45 percent
by weight of any landing of CPS is authorized by the FMP. An incidental
allowance prevents fishermen from being cited for a violation when
sardine occur in schools of other CPS, and it minimizes bycatch of
sardine if sardine are inadvertently caught while fishing for other
CPS. Sardine landed with other species also requires sorting at the
processing plant, which adds to processing costs. Mixed species in the
same load may damage smaller fish. The Subpanel discussed this issue
and noted that the fish off Oregon and Washington, both sardine and
mackerel, are generally larger than the fish off southern California
and markets differ in the two areas; therefore, deciding what the
allowance should be for the entire fishery was difficult. The Subpanel
did not agree on an appropriate allowance. Public comment is sought on
this issue.
The sardine population was estimated using a modified version of
the integrated stock assessment model called Catch at Age Analysis of
Sardine Two Area Model (CANSAR TAM). CANSAR-TAM is a forward-casting,
age-structured analysis using fishery dependent and fishery independent
data to obtain annual estimates of sardine abundance, year-class
strength, and age-specific fishing mortality for 1983 through 2002. The
modification of CANSAR-TAM was developed to account for the expansion
of the Pacific sardine stock northward to include waters off the
northwest Pacific coast. Information on the fishery and the stock
assessment are found in the report Stock Assessment of Pacific Sardine
with Management Recommendations for 2003 (see ADDRESSES).
The formula in the FMP uses the following factors to determine the
harvest guideline:
1. The biomass of age one sardine and above. For 2003, this
estimate is 999,871 mt.
2. The cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 150,000 mt.
3. The portion of the sardine biomass that is in U.S. waters. For
2003, this estimate is 87 percent, based on the average of larval
distribution obtained from scientific cruises and the distribution of
the resource obtained from logbooks of fish-spotters.
4. The harvest fraction. This 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 is used for
warmer ocean temperatures, which favor the production of Pacific
sardine, and a lower fraction is used for cooler temperatures. For
2003, the fraction was 15 percent based on three seasons of sea surface
temperature at Scripps Pier, California.
Based on the estimated biomass of 999,871 mt and the formula in the
FMP, a harvest guideline of 110,908 mt was determined for the fishery
beginning January 1, 2003. The harvest guideline is allocated one-third
for Subarea A, which is north of 35[deg]40' N. lat. (Pt. Piedras
Blancas, California) to the Canadian border, and two-thirds for Subarea
B, which is south of 35[deg]40' N. lat. to the Mexican border. The
northern allocation is 36,969 mt; the southern allocation is 73,939 mt.
Classification
These proposed specifications are issued under the authority of,
and are in accordance with, the Magnuson-Stevens Fishery Conservation
and Management Act, the FMP, and 50 CFR part 660 subpart I (the
regulations implementing the FMP).
This proposed rule has been determined to be not significant for
purposes of 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 harvest guideline is lower than those of recent years;
however, the harvest guideline has not been achieved in recent
years. From 1999 through 2001, landings were 60,000 mt, 72,000 mt,
and 77,000 mt respectively. Landings are likely to reach 86,000 mt
in 2002. Based on the landings estimate of approximately 86,000 mt
for 2002 and the 2002 harvest guideline of 118,442, approximately
32,000 mt is likely to remain unharvested by the end of 2002.
Accordingly, vessels and processors will not be economically
impacted because there is sufficient resource available to satisfy
all available markets. Although markets have expanded for this
resource, from 1999 through 2001, 17,000 mt, 50,000 mt, and 59,000
mt has gone unharvested. Real ex-vessel revenue per ton has
increased as well as total ex-vessel revenue, which suggests a
growing diversity in markets.
Hence, implementation of these specifications would not have a
significant economic impact on a substantial number of small entities.
As a result, no regulatory flexibility analysis for this rule has been
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 20, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 02-29894 Filed 11-22-02; 8:45 am]
BILLING CODE 3510-22-S