Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 61235 

1. Purchase and installation of VMS 

units, OMB control number 0648–0529 

(1 hr per response); 

2. Verification of VMS units, OMB 

control number 0648–0529 (5 min per 

response); 

3. Notification and application for 

appropriate general category permit 

designation, OMB control number 

0648–0529 (30 min per response); 

4. VMS power-down notification, 

OMB control number 0648–0529 (2 min 

per response); and 

5. VMS re-power and trip notification, 

OMB control number 0648–0529 (2 min 

per response). 

These estimates include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. 

Public comment is sought regarding: 

Whether this collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; the accuracy of the 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information, including through the use 

of automated collection techniques or 

other forms of information technology. 

Send comments on these or any other 

aspects of the collection of information 

to NMFS and to OMB (see ADDRESSES). 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: October 18, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.4, paragraphs (a)(2)(ii)(B) 

through (E) are revised to read as 

follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(2) * * * 

(ii) * * * 

(B) VMS general scallop permit. To 

possess or land more than 40 lb (18.14 

kg) of shucked meats or 5 bu (176.2 L) 

of in-shell scallops, but no more than 

400 lb (181.44 kg) of shucked meats, or 

50 bu (17.62 hL) of in-shell scallops, a 

vessel must apply for and be issued a 

VMS general scallop permit. Issuance of 

a VMS general scallop permit requires 

the vessel owner to submit a copy of the 

vendor’s installation receipt or provide 

verification of vendor activation from a 

NMFS-approved VMS vendor as 

described in § 648.9. 

(C) Vessels without general scallop 

permits. No scallop permit is required 

for a vessel that possesses or lands up 

to 40 lb (18.14 kg) of shucked meats or 

5 bu (176.2 L) of in-shell scallops per 

trip, provided such scallops are not, or 

are not intended to be, sold, traded or 

bartered. 

(D) General scallop permit category 

designation. The owner of a vessel 

issued a general scallop permit for the 

2005 fishing year is required to 

complete and submit an application to 

the Regional Administrator for the 

permit specified in paragraph 

(a)(2)(ii)(B) of this section. There is a 30- 

day processing period for vessel permit 

applications, thus, to ensure that 

permits are issued by the effective date 

of these requirements, such applications 

should be submitted by November 1, 

2005. Vessels shall be issued the 

appropriate permit category by 

December 1, 2005, based on the 

application submitted by the vessel 

owner. Initial general scallop permit 

category designations are effective 

December 1, 2005. A vessel owner who 

fails to submit either a copy of the 

vendor’s installation receipt from a 

NMFS-approved VMS vendor as 

described in 648.9 or provide proof of 

vendor activation of the VMS unit by 

December 1, 2005, shall automatically 

be issued the non-VMS general scallop 

permit. If no application is received by 

December 1, 2005, for vessels previously 

issued a general scallop permit for the 

2005 fishing year, such vessels shall be 

reissued non-VMS general scallop 

permits. Vessel owners may request a 

change in permit category for their 

general category vessel no later than 

January 15, 2006. Requests to change 

categories must include a complete 

application as described above. 

(E) General scallop permit 

restrictions. A vessel may be issued a 

general scallop permit in only one 

category during a fishing year. The 

owners of a vessel issued a general 

scallop permit must elect a permit 

category upon the vessel’s permit 

application and shall have one 

opportunity to request a change in its 

permit category by submitting an 

application to the Regional 

Administrator within 45 days of the 

effective date of the vessel’s permit. 

After that date, the vessel must remain 

in that permit category for the duration 

of the fishing year. 

* * * * * 

[FR Doc. 05–21179 Filed 10–19–05; 11:56 

am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050819225–5257; I.D.080505A] 

RIN 0648–AS59 

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: Final rule. 

SUMMARY: NMFS issues a final rule to 

implement the annual harvest guideline 

for Pacific mackerel in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast. The Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) and its implementing regulations 

require NMFS to set an annual harvest 

guideline for Pacific mackerel based on 

the formula in the FMP. This action 

adopts allowable harvest levels for 

Pacific mackerel off the U.S. Pacific 

coast. 

DATES: Effective November 21, 2005. 

ADDRESSES: The report Assessment of 

the Pacific Mackerel (Scomber 

japonicus) Stock for U.S. Management 

in the 2005–2006 Season may be 

obtained from Rodney R. McInnis, 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean 

Boulevard, Suite 4200, Long Beach, CA 

90802. A regulatory impact review/ 

regulatory analysis may be obtained at 

this same address. 

FOR FURTHER INFORMATION CONTACT: 

Tonya L. Wick, Southwest Region, 

NMFS, (562) 980–4036. 

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which was implemented by a final 

61236 Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 

rule published in the Federal Register 

on December 15, 1999 (64 FR 69888), 

divides management unit species into 

the categories of actively managed and 

monitored. Harvest guidelines of 

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) CPS 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, then, after 

providing time for public comment, 

makes its recommendation to NMFS. 

The annual harvest guideline and 

season structure is published by NMFS 

in the Federal Register as soon as 

practicable. The Pacific mackerel season 

begins on July 1 of each year and ends 

on June 30 of the following year. 

The Team meeting took place at the 

office of the NMFS, Southwest Fisheries 

Science Center, in La Jolla, CA, on May 

18, 2005. The Subpanel and SSC 

meetings took place in conjunction with 

the June 13–18, 2005, Council meeting 

in Foster City, CA. 

The size of the Pacific mackerel 

population was estimated using a newly 

modified version of the integrated stock 

assessment model called Age-structured 

Assessment Program (ASAP). Use of this 

new ASAP model was recommended by 

the Coastal Pelagic Species Stock 

Assessment Review panel meeting held 

on June 16, 2004, in La Jolla, CA. This 

new ASAP model replaces the old 

modified virtual population analysis 

stock assessment model used in 

previous years known as the ADEPT 

model. The ADEPT model, used for 

Pacific mackerel assessment from 1994 

to 2004, was a more traditional ’Virtual 

Population Analysis’ (VPA) model. The 

ASAP model is a more modern 

approach to population analysis termed 

’statistical catch-at-age’. Moreover, the 

ASAP model is written in the powerful 

and highly flexible Auto-Differentiation 

Model Builder (ADMB) language (as 

opposed to Fortran),so it is amenable to 

modification as needed. ASAP is 

implemented through the NMFS 

Toolbox (NFT), and has received 

internal agency review (NFT Steering 

Committee) and external review by the 

CPS Stock Assessment 

Review(STAR)Panel in 2004. ASAP is a 

flexible forward-simulation that allows 

for the efficient and reliable estimation 

of a large number of parameters. ASAP 

uses parameters such as fishery 

dependent (commercial and recreational 

landings) and fishery independent (e.g., 

aerial spotter survey index, commercial 

passenger fishing vessel logbook catch 

per unit effort, and California 

Cooperative Oceanic Fisheries 

Investigations surveys) data to obtain 

annual estimates of Pacific mackerel 

abundance, year-class strength, and agespecific fishing mortality for 1983 

through 2004. The biomass was 

calculated through the end of 2004, then 

estimated for the fishing season that 

begins July 1, 2005, based on (1) the 

number of Pacific mackerel estimated to 

comprise each year class at the 

beginning of 2005, (2) modeled 

estimates of fishing mortality during 

2004, (3) assumptions for natural and 

fishing mortality through the first half of 

2005, and (4) estimates of age-specific 

growth. Based on this approach, the 

biomass for July 1, 2005, would be 

101,147 metric tons (mt). Applying the 

formula in the FMP results in a harvest 

guideline of 17,419 mt, which is 32 

percent greater than last year but similar 

to low harvest guidelines of recent 

years. 

The formula in the FMP uses the 

following factors to determine the 

harvest guideline: 

1. The biomass of Pacific mackerel. 

For 2005, this estimate is 101,147 mt. 

2. The cutoff. This is the biomass 

level below which no commercial 

fishery is allowed. The FMP established 

the cutoff level at 18,200 mt. The cutoff 

is subtracted from the biomass, leaving 

82,947 mt. 

3. The portion of the Pacific mackerel 

biomass that is in U.S. waters. This 

estimate is 70 percent, based on the 

historical average of larval distribution 

obtained from scientific cruises and the 

distribution of the resource obtained 

from logbooks of fish-spotters. 

Therefore, the harvestable biomass in 

U.S. waters is 70 percent of 82,947 mt, 

that is, 58,063 mt. 

4. The harvest fraction. This is the 

percentage of the biomass above 18,200 

mt that may be harvested. The FMP 

established the harvest fraction at 30 

percent. The harvest fraction is 

multiplied by the harvestable biomass 

in U.S. waters (58,063 mt), which 

results in 17,419 mt. 

Information on the fishery and the 

stock assessment are found in the report 

Assessment of the Pacific Mackerel 

(Scomber japonicus) Stock for U.S. 

Management in the 2005–2006 Season, 

which may be obtained by mail from 

Rodney R. McInnis, Regional 

Administrator (see ADDRESSES). 

For the last 3 years, the fishing 

industry has recommended dividing the 

harvest guideline into a directed fishery 

and an incidental fishery, reserving a 

portion of the harvest guideline for 

incidental harvest in the Pacific sardine 

fishery so that the Pacific sardine 

fishery is not hindered by a prohibition 

on the harvest of Pacific mackerel. At its 

meeting on June 15, 2005, the Subpanel 

recommended for the 2005–2006 fishing 

season that a directed fishery of 13,419 

mt and an incidental fishery of 4,000 mt 

be implemented. An incidental 

allowance of 40 percent of Pacific 

mackerel in landings of any CPS would 

become effective if the 13,419 mt of the 

directed fishery is harvested. The 

Subpanel also recommended allowing 

up to 1 mt of Pacific mackerel to be 

landed during the incidental fishery 

without the requirement to land any 

other CPS. This provision provides 

Pacific mackerel for small specialty 

markets. The Subpanel recommended 

that an inseason review of the Pacific 

mackerel season be completed for the 

March 2006 Council meeting, with the 

possibility of reopening the directed 

fishery if a sufficient amount of the 

harvest guideline reserved for the 

incidental fishery remains unharvested. 

At that time, the NMFS Southwest 

Regional Administrator will review the 

fishery to assess whether there is a 

sufficient unharvested portion of the 

harvest guideline (i.e., anything in 

excess of the amount needed to support 

incidental harvest) to warrant a 

reopening of the directed fishery. As of 

June 7, 2005, approximately 4,808 mt of 

Pacific mackerel had been landed; 

therefore, an incidental fishery was not 

necessary for the 2004–2005 fishing 

season. 

At its June 2005 meeting, the Council 

made these recommendations to NMFS. 

A proposed rule containing the 

Council’s recommendations was 

published August 29, 2005 (70 FR 

51004). The public comment period 

ended on September 13, 2005. No 

public comments were received. 

After a review of the available 

information, NMFS approved the 

Council’s recommendation and hereby 

implements the following measures for 

the July 1, 2005, through June 30, 2006, 

fishing season: 

Based on the estimated biomass of 

101,147 mt and the formula in the FMP, 

a harvest guideline of 17,419 mt will be 

in effect for the fishery which began on 

July 1, 2005. This harvest guideline 

applies to Pacific mackerel harvested in 

Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 61237 

the U.S. EEZ off the Pacific coast from 

12:01 a.m. on July 1, 2005, through 

11:59 pm on June 30, 2006, unless the 

harvest guideline is attained and the 

fishery is closed before June 30, 2006. 

All landings made after July 1, 2005, 

will be counted toward the 2005–2006 

harvest guideline of 17,419 mt. There 

shall be a directed fishery of 13,419 mt, 

followed by an incidental fishery of 

4,000 mt. An incidental allowance of 40 

percent of Pacific mackerel in landings 

of any CPS will become effective after 

the date when 13,419 mt of Pacific 

mackerel is estimated to have been 

harvested. A landing of 1 mt of Pacific 

mackerel per trip will be permitted 

during the incidental fishery for trips in 

which no other CPS is landed. 

Classification 

This final 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 the 

proposed rule for this action would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for the certification 

was published in the proposed rule. No 

comments were received regarding the 

certification or the economic impacts of 

this action. As a result, no regulatory 

analysis is required and none was 

prepared. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 17, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 05–21090 Filed 10–20–05; 8:45 am] 

BILLING CODE 3510–22–S