56976 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 

indicates the shipment meets or exceeds the 

recommendations of the World Organization 

for Animal Health in its Aquatic Animal 

Health Code on Batrachochytrium 

dendrobatidis. 

We are seeking information on the 

importation and transportation of live 

amphibians or their eggs and chytrid 

fungus (also known as 

chytridiomycosis) for possible addition 

to the injurious wildlife list under the 

Lacey Act. 

The regulations contained in 50 CFR 

part 16 implement the Lacey Act. Under 

the terms of the injurious wildlife 

provisions of the Lacey Act, the 

Secretary of the Interior is authorized to 

prohibit the importation and interstate 

transportation of species designated by 

the Secretary as injurious. Injurious 

wildlife are those species, offspring, and 

eggs that are injurious or potentially 

injurious to wildlife or wildlife 

resources, to human beings, or to the 

interests of forestry, horticulture, or 

agriculture of the United States. Wild 

mammals, wild birds, fish, mollusks, 

crustaceans, amphibians, and reptiles 

are the only organisms that can be 

added to the injurious wildlife list. The 

lists of injurious wildlife are provided at 

50 CFR 16.11–16.15. If the process 

initiated by this notice results in the 

addition of a species to the list of 

injurious wildlife contained in 50 CFR 

part 16, their importation into or 

transportation between States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territory or possession of the United 

States would be prohibited, except by 

permit for zoological, educational, 

medical, or scientific purposes (in 

accordance with permit regulations at 

50 CFR 16.22), or by Federal agencies 

without a permit solely for their own 

use. 

Public Comments 

This notice of inquiry requests 

biological, economic, or other data 

regarding the addition of live 

amphibians as injurious unless free of 

Batrachochytrium dendrobatidis 

(chytrid fungus) to the list of injurious 

wildlife. This information, along with 

other sources of data, will be used to 

determine if live amphibians or their 

eggs that are infected with 

Batrachochytrium dendrobatidis are a 

threat, or potential threat, to those 

interests of the United States delineated 

above, and thus warrant addition to the 

list of injurious wildlife in 50 CFR 

16.14. 

You may submit your information and 

materials concerning this notice of 

inquiry by one of the methods listed in 

the ADDRESSES section. If you submit a 

comment via http:// 

www.regulations.gov, your entire 

comment, including any personal 

identifying information, will be posted 

on the Web site. If you submit a 

hardcopy comment that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this notice of inquiry, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Room 770, 4401 North Fairfax 

Drive, Arlington, VA 22203. 

We are soliciting information and 

supporting data from the public to gain 

substantive information, and we 

specifically seek information on the 

following questions regarding the 

importation of live amphibians and 

their eggs infected with 

Batrachochytrium dendrobatidis 

(chytrid fungus): 

(1) What Federal, State, or tribal 

regulations exist to prevent the spread 

of chytrid fungus? 

(2) Are there any known mechanisms 

in the United States to test for, control, 

or regulate movement or interstate 

transport of chytrid fungus? 

(3) How many businesses import live 

amphibians or their eggs into the United 

States? 

(4) How many businesses sell live 

amphibians or their eggs for interstate 

commerce? 

(5) What are the annual sales of these 

imported live amphibians and their 

eggs? 

(6) What species of amphibians, fish, 

or other class of animal have been 

affected by chytrid fungus in the United 

States and how were they infected? 

(7) What are the current and potential 

effects to species listed as threatened or 

endangered under the ESA that are 

contaminated with chytrid fungus? 

(8) What are the potential costs of 

recovering threatened or endangered 

species affected by chytrid fungus? 

(9) What is the likelihood that wild 

amphibians would be affected by the 

importation of live amphibians or their 

eggs that harbor chytrid fungus? 

(10) What would it cost to eradicate 

chytrid fungus? 

(11) Are there any potential benefits 

to allowing the chytrid fungus pathogen 

to be imported? 

(12) What is the potential for the 

industries that conduct trade in 

amphibians to self-police through 

voluntary best practices; for example, 

how successful is the ‘‘Bd-Free ‘Phibs 

Campaign’’ sponsored by the Pet 

Industry Joint Advisory Council? 

(13) What peer-reviewed methods for 

detecting chytrid fungus have been 

published? 

(14) Are there any other comments or 

information regarding the listing of live 

amphibians as injurious unless free of 

chytrid fungus? 

Dated: September 10, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–23039 Filed 9–16–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100830407–0410–02] 

RIN 0648–XY51 

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. This HG is 

proposed 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 proposed total HG for the 

2010–2011 fishing year is 11,000 metric 

tons (mt) and is proposed to be divided 

into a directed fishery HG of 8,000 mt 

and an incidental fishery of 3,000 mt. 

DATES: Comments must be received by 

October 18, 2010. 

ADDRESSES: You may submit comments 

on this proposed rule identified by 

0648–XY51 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. 


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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 56977 

• Fax: (562)980–4047, Att: Amber 

Morris 

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 2009–2010 

Fishing Year may be obtained from the 

Southwest Regional Office (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Amber Morris, Southwest Region, 

NMFS, (562) 980–3231. 

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which is implemented by 

regulation at 50 CFR part 660, subpart 

I, divides management unit species into 

two categories: actively managed and 

monitored. The HGs for actively 

managed species (Pacific sardine and 

Pacific mackerel) are based on formulas 

applied to current biomass estimates. 

The biomass and harvest 

specifications for each actively managed 

species within the CPS FMP are 

reviewed every year by the Pacific 

Fishery Management Council (Council) 

at their public meetings. The Scientific 

and Statistical Committee’s (SSC) CPS 

Subcommittee, the Coastal Pelagic 

Species Management Team (Team) and 

the Council’s Coastal Pelagic Species 

Advisory Subpanel (Subpanel) review 

and discuss the biomass, the acceptable 

biological catch (ABC) and the status of 

the fisheries and present their 

comments to the Council. Following 

review by the Council and after hearing 

public comments, the Council makes its 

HG recommendation to NOAA’s 

National Marine Fisheries Service 

(NMFS). A rule implementing the 

annual HG is published in the Federal 

Register as close as practicable to the 

start of the fishing season. 

A full assessment for Pacific mackerel 

was conducted and then reviewed by a 

Stock Assessment Review (STAR) Panel 

in May 2009. This assessment estimated 

the biomass of Pacific Mackerel to be 

282,049 metric tons (mt). Based on this 

estimated biomass, the harvest control 

rule in the CPS FMP produced an ABC 

of 55,408 mt. The Council depended on 

the 2009 full assessment and 2009 

landings to make management decisions 

for the 2010 fishing season. Based on 

this information, the Council 

recommended an ABC of 55,408 mt 

(calculated from the 2009 biomass 

estimate of 282,049 mt) and an overall 

HG for the July 1, 2010, through June 30, 

2011, fishing season of 11,000 mt with 

8,000 mt allocated to a directed fishery 

and 3,000 mt set aside for incidental 

landings in other CPS fisheries should 

the 8,000 mt directed fishery HG be 

attained. These proposed harvest levels 

are nearly identical to those 

implemented in 2009, for which the HG 

was 10,000 mt with 8,000 mt for the 

directed fishery and 2,000 mt for the 

incidental landings. The proposed 1,000 

mt increase in the set aside for 

incidental landings this season was in 

response to comments by industry that 

Pacific mackerel availability to the fleet 

may be increasing and that fishing 

opportunities for other CPS could be 

forgone if the mackerel season closed 

early. 

The Council also recommended the 

following specifications for the 2010– 

2011 management of Pacific mackerel: 

First, NMFS will close the directed 

fishery if the 8,000 mt directed fishery 

HG is attained, and second, a 45– 

percent incidental catch allowance will 

be established for landing Pacific 

mackerel with other CPS (in other 

words, no more than 45% by weight of 

the CPS landed per trip may be Pacific 

mackerel) with the exception that up to 

1 mt of Pacific mackerel could be 

landed per trip without landing any 

other CPS. 

NMFS proposes to set the overall HG 

for the Pacific mackerel 2010–2011 

fishing season at 11,000 mt with 8,000 

mt allocated to a directed fishery and 

3,000 mt set aside for incidental 

landings in other CPS fisheries should 

the 8,000 mt directed fishery HG be 

attained. If 8,000 mt are landed the 

directed fishery for Pacific mackerel 

will close and a 45–percent by weight 

incidental trip allowance for landing 

Pacific mackerel with other CPS will be 

implemented, with the exception that 1 

mt may be landed per trip without any 

other CPS. 

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 

Year (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 

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 for Fisheries 

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 

explained below: 

The purpose of this proposed rule is to 

implement the 2010–2011 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. All of 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 


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56978 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules 

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. 

During the 2008/2009 fishing year 

approximately 4,000 mt of Pacific mackerel 

were landed with an estimated ex-vessel 

value of $780,000 and during the 2009/2010 

fishing year approximately 3,190 mt of 

Pacific mackerel were landed with an 

estimated ex-vessel value of $622,230. The 

proposed HG for the 2010/2011 Pacific 

mackerel fishing season (July 1, 2009 through 

June 30, 2010) is 11,000 mt. If the fleet were 

to take the entire 2010/2011 HG, and 

assuming no change in the coastwide average 

ex-vessel price per mt of approximately $200, 

the potential revenue to the fleet would be 

approximately $2 million. 

The amount of Pacific mackerel caught 

each year depends greatly on market forces 

within the fishery, as well as the other CPS 

fisheries, and on the regional availability of 

the species to the fleet and the fleets’ ability 

to easily find schools relatively close to port. 

If there is no change in market conditions 

(i.e., an increase demand for Pacific mackerel 

product), it is not likely that the full HG will 

be taken during the 2010–2011 fishing year, 

in which case profits will be lower than if the 

entire HG were taken. Additionally, the 

potential lack of regional availability of the 

resource to the fleet can cause a reduction in 

the amount of Pacific mackerel that is 

harvested, in turn, potentially reducing the 

total revenue to the fleet. 

The annual average U.S. Pacific mackerel 

harvest from 2001 to 2009 is 4,886 mt with 

average annual ex-vessel revenue of 

$861,775. Based on this catch and revenue 

history for Pacific mackerel over the nine 

years, NMFS does not anticipate a drop in 

profitability based on this rule as the 2010/ 

2011 available harvest (11,000 mt) is twice 

the average catch during that time. 

In addition, the revenue derived from 

harvesting Pacific mackerel is only one factor 

determining the overall revenue of the CPS 

fleet and therefore the economic impact to 

the fleet from the proposed action cannot be 

viewed in isolation. CPS vessels typically 

harvest a number of other species, including 

Pacific sardine, market squid, northern 

anchovy, and tuna, with the focus on Pacific 

sardine, which had an estimated ex-vessel of 

$12.5 million in 2009 and market squid 

which had an estimated ex-vessel of $56 

million in 2009. Therefore, Pacific mackerel 

is only a small component of this multispecies CPS fishery. 

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: September 13, 2010. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 2010–23254 Filed 9–16–10; 8:45 am] 

BILLING CODE 3510–22–S 


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