[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Rules and Regulations]
[Pages 932-933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.0909111273-91431-02]
RIN 0648-XR09


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.

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SUMMARY:  NMFS issues this final rule 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, 2009, 
through June 30, 2010. This HG has been determined 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. The total HG for the 2009-2010 
fishing year is 10,000 metric tons (mt) and is divided into a directed 
fishery HG of 8,000 mt and an incidental fishery of 2,000 mt.

DATES:  Effective February 8, 2010 through June 30, 2010.

ADDRESSES:  Copies of the report Pacific Mackerel (Scomber japonicus) 
Stock Assessment for U.S. Management in the 2009-2010 Fishing Year may 
be obtained from the Southwest Regional Office by contacting Rodney R. 
McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT:  Joshua Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: The CPS FMP, which is implemented by 
regulations at 50 CFR part 660, subpart I, divides management unit 
species into two categories: actively managed and

[[Page 933]]

monitored. The HGs for actively managed species (Pacific sardine and 
Pacific mackerel) are based on formulas applied to current biomass 
estimates.
    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 (Pacific Council) Coastal Pelagic Species 
Management Team (Team), the Council's Coastal Pelagic Species Advisory 
Subpanel (Subpanel) and the Council's Scientific and Statistical 
Committee (SSC). At that time, the biomass, maximum HG and the status 
of the fisheries are reviewed and discussed. This information is then 
presented to the Council along with annual 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.
    For the 2009-2010 Pacific mackerel management season a full 
assessment for Pacific mackerel was conducted and then reviewed by a 
Stock Assessment Review (STAR) Panel in May 2009. This most recent full 
assessment for Pacific mackerel estimates the current biomass to be 
282,049 mt. Applying this biomass estimate to the harvest control rule 
(established in the CPS FMP) a maximum HG of 55,408 mt is produced.
    At the June 2009 Pacific Council Meeting, the Council reviewed the 
current Pacific mackerel stock assessment, biomass numbers, ABC and 
STAR Panel Report, as well as heard statements/reports from the SSC, 
Team and Subpanel. Although the assessment for Pacific mackerel was 
reviewed by a STAR Panel and was approved by the SSC as the best 
available science for use in management, concerns were expressed by all 
the advisory groups regarding the data sources that informed the 
assessment and the uncertainty in the assessment results. Taking into 
consideration these reports and statements, the Council adopted and 
NMFS approved the most recent assessment for Pacific mackerel along 
with the calculated ABC, but recommended setting an overall HG for the 
July 1, 2009, through June 30, 2010, fishing season at 10,000 mt. The 
Council also recommended and NMFS approved that 8,000 mt of this total 
HG be allocated for a directed fishery and 2,000 mt be set aside for 
incidental Pacific mackerel landings in other fisheries should the 
8,000 mt directed fishery HG be attained. Should the directed Pacific 
mackerel fishery attain landings of 8,000 mt NMFS will close the 
directed fishery and establish a 45 percent incidental catch allowance 
when Pacific mackerel are landed with other CPS (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 can be landed without landing any other 
CPS.
    On September 29, 2009, a proposed rule was published for this 
action that solicited public comments (74 FR 4845). One comment was 
received, which was in support of the proposed action.
    Information on the fishery and the stock assessment can be found in 
the report Pacific mackerel (Scomber japonicus) Stock Assessment for 
U.S. Management in the 2009-10 Fishing Season (see ADDRESSES).

Classification

    The Administrator, Southwest Region, NMFS, determined that this 
final rule is necessary for the conservation and management of the CPS 
fishery and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule is exempt from Office of Management and Budget 
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 a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule (74 FR 4845) 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: December 31, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-21 Filed 1-6-10; 8:45 am]
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