49156 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

NTSB has arranged for this problem to 

be corrected and verified that 

commenters may now access the Notice 

of Proposed Rulemaking and submit 

comments via http:// 

www.regulations.gov. As such, the 

NTSB is allowing the comment period 

for the Notice of Proposed Rulemaking 

to remain open until September 30, 

2008. The NTSB notes that it received 

several comments via facsimile and 

postal mail; commenters who submitted 

comments via facsimile or postal mail 

need not resubmit them. 

Dated: August 8, 2008. 

Vicky D’Onofrio, 

Federal Register Liaison Officer. 

[FR Doc. E8–19104 Filed 8–19–08; 8:45 am] 

BILLING CODE 7533–01–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0808051050–81056–01] 

RIN 0648–XJ42 

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 for the fishing 

season of July 1, 2008, through June 30, 

2009. This HG has been calculated 

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. 

DATES: Comments must be received by 

September 19, 2008. 

ADDRESSES: You may submit comments 

on this proposed rule identified by 

0648–XJ42 by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802. 

• Fax: (562)980–4047, Att: Joshua 

Lindsay 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

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 2008–2009 

Fishing Year may be obtained from the 

Southwest Regional Office (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: The CPS 

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 (HG) 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). 

During public meetings each year, the 

biomass for each actively managed 

species within the CPS FMP is 

presented to the Pacific Fishery 

Management Council’s (Council) Coastal 

Pelagic Species Management Team 

(CPSMT), the Council’s Coastal Pelagic 

Species Advisory Subpanel (CPSAS) 

and the CPS Subcommitee of the 

Scientific and Statistical Committee 

(SSC). At that time, the biomass, the 

acceptable biological catch (ABC) and 

the status of the fisheries are reviewed 

and discussed. This information is then 

presented to the Council along with HG 

recommendations and comments from 

the Team and Subpanel. Following 

review by the Council and after hearing 

public comments, the Council makes its 

HG recommendation to NOAA’s 

National Marine Fisheries Service 

(NMFS). The annual HG is published in 

the Federal Register as close as 

practicable to the start of the fishing 

season. The Pacific mackerel season 

begins on July 1 and ends on June 30 of 

each year. 

For the 2008–2009 Pacific mackerel 

management season an updated 

assessment for Pacific mackerel was 

conducted and then reviewed by the 

SSC CPS Subcommittee, the CPSMT 

and the CPSAS during a series of 

meetings May 13–15, 2008, in Long 

Beach California. During these meetings 

the current stock assessment for Pacific 

mackerel, which included a preliminary 

biomass estimate and ABC, were 

presented and reviewed in accordance 

with the procedures of the FMP. Based 

on a total stock biomass estimate of 

264,732 metric tons (mt) the harvest 

control rule in the CPS FMP produces 

an ABC of 51,772 mt for the 2008–2009 

management season. 

In June, the Council held a public 

meeting in Foster City, California, 

during which time the Council reviewed 

the current stock assessment, biomass 

numbers and ABC as well as heard 

statements from the SSC, Team and 

Subpanel. The SSC endorsed the 

assessment as the best available science 

for use in management. Both the Team 

and Subpanel recommended setting the 

2008–2009 HG below ABC and no 

higher than 40,000 mt. 

Following the SSC, Team and 

Subpanel reports the Council adopted a 

HG of 40,000 mt for the 2008–2009 

fishing year. This HG recommendation 

is the same as the one recommended 

and implemented by NMFS for the 

2007–2008 fishing season. Establishing 

a HG for the directed fishery 

substantially below the ABC was 

recommended in response to 

uncertainty associated with changes to 

assessment modeling parameters and 

the estimate made in the FMP that the 

domestic fishery appears to be market 

limited to roughly 40,000 mt. The 

Council also adopted the Subpanel 

recommendation that in the event that 

the 40,000 mt is attained by the fishery, 

that Pacific mackerel fishing be closed 

to directed harvest and only incidental 

harvest be allowed. The proposed 

incidental fishery would be constrained 

to a 45 percent by weight incidental 

catch rate when Pacific mackerel are 

landed with other CPS, except that up 

to one metric ton of Pacific mackerel 

could be landed per trip without 

landing any other CPS. 

The Council may schedule an 

inseason review of the Pacific mackerel 

fishery at the nearest appropriate 

Council meeting, towards a possible 

consideration of either releasing a 

portion of the incidental allotment to 

the directed fishery or further 

constraining incidental landings to 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49157 

ensure total harvest remains below the 

ABC. 

Information on the fishery and the 

stock assessment are found in the report 

Pacific mackerel (Scomber japonicus) 

Stock Assessment for U.S. Management 

in the 2008–09 Fishing Season (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 for the 2008–2009 management 

season is 264,732 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. 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 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 

follows: 

The purpose of this proposed rule is to 

implement the 2008–2009 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. 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 

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. 

For the 2007/2008 fishing year, the HG was 

set at 40,000 mt with an estimated ex-vessel 

value of approximately $5.3 million. Around 

6,200 mt of this HG was actually harvested 

during the 2007/2008 fishing season valued 

at an estimated $900,000. 

The proposed harvest guideline for the 

2008/2009 Pacific mackerel fishing season 

(July 1, 2008 through June 30, 2009) is 40,000 

metric tons (mt). This HG recommendation is 

the same as the HG recommended by the 

Council and approved by NMFS for the 2007/ 

2008 fishing year. If the fleet were to take the 

entire 2008/2009 HG, and assuming no 

change in the coastwide average ex-vessel 

price per mt of $146, the potential revenue 

to the fleet would be approximately $5.8 

million. A potential lack of availability of the 

resource to the fishing fleet however, could 

cause a reduction in the amount of Pacific 

mackerel harvested, in which case profits 

would be lower than if the total HG were 

taken. Additionally, if there is no change in 

market conditions (i.e., a lack in demand for 

Pacific mackerel product), it is not likely that 

the full HG will be taken during the 2008–

2009 fishing year, in which case profits will 

again be lower than if the entire HG were 

taken. However, because the average U.S. 

harvest since the year 2000 is only 5,700 mt, 

the potential reduced revenues would not be 

a result of the proposed HG. 

NMFS does not anticipate a drop in 

profitability based on this rule because it 

allows fishermen to harvest the same amount 

of fish as the previous fishing season. 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: August 14, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E8–19309 Filed 8–19–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–AV28 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Management Measures for 

the Northern Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend 

the Fishery Management Plan for the 

Bottomfish & Seamount Groundfish 

Fisheries of the Western Pacific Region. 

If approved by the Secretary of 

Commerce, Amendment 10 would 

establish Federal permitting and 

reporting requirements for all 

commercial bottomfish fishing in the 

U.S. Exclusive Economic Zone (EEZ) 

around the Commonwealth of the 

Northern Mariana Islands (CNMI). The 

amendment would also close waters 

within 50 nm (80.5 km) of the southern 

CNMI and within 10 nm (18.5 km) of 

the northern island of Alamagan to 

bottomfish fishing by vessels over 40 ft 

(12.2 m) in length, which also would be 

required to carry and operate shipboard 

vessel monitoring system units, and 

whose operators would be required to 

submit bottomfish sales reports in 

addition to catch reports. The proposed 

amendment would ensure adequate 

collection of information about the 

CNMI bottomfish fishery, provide for 

sustained community participation in 

the CNMI bottomfish fishery, and 

encourage consistent availability of 

locally-caught bottomfish to CNMI 

consumers. Combined, these measures 

are intended to prevent the depletion of 

bottomfish stocks in the CNMI, and 

sustain the fisheries that depend on 

them. 

DATES: Comments on Amendment 10, 

which includes an environmental 

assessment, must be received by 

October 20, 2008. 

ADDRESSES: Comments on the 

amendment, identified by 0648–AV28, 

may be sent to either of the following 

addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 


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