[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66811-66812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 011218302-1302-01; 120601A]
RIN: 0648-AP00


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 harvest guideline.

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SUMMARY: NMFS announces the annual harvest guideline for Pacific 
sardine in the exclusive economic zone off the Pacific coast for the 
fishing season January 1, 2002, through December 31, 2002. This harvest 
guideline has been calculated according to the regulations implementing 
the Coastal Pelagic Species Fishery Management Plan (FMP), and 
establishes allowable harvest levels for Pacific sardine off the 
Pacific coast.

DATES: Effective January 1, 2002, through December 31, 2002.

ADDRESSES: The report Stock Assessment of Pacific Sardine with 
Management Recommendations for 2002 is available from Rodney R. 
McInnis, Acting Administrator, Southwest Region, (Regional 
Administrator), NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 
90802-4213.

FOR FURTHER INFORMATION CONTACT: James J. Morgan, Southwest Region, 
NMFS, 562-980-4036.

SUPPLEMENTARY INFORMATION: The FMP divides managed 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. Harvest 
guidelines for monitored species (jack mackerel, northern anchovy, and 
market squid), which are underutilized or under the jurisdiction of the 
State of California, are not based on current biomass estimates, 
although a constant allowable biological catch (ABC) for each species 
is based on the long-term yield of each species. If an ABC for a 
monitored species is reached, it would be designated an actively 
managed species; at that time, the Pacific Fishery Management Council 
(Council)would review the condition of the resource and recommend 
management action.
    At a public meeting each year, the biomass for each actively 
managed species is presented at a public meeting held by the Council's 
Coastal Pelagic Species Management Team (Team). At that time, the 
biomass, the harvest guideline, and the status of the fishery is 
reviewed. Following review and recommendations by the Council, and 
after hearing all public comments, NMFS publishes the annual harvest 
guideline in the Federal Register before the beginning of the fishing 
season.
    On October 10, 2001, in accordance with the procedures of the FMP, 
the biomass report and harvest guideline for Pacific sardine were 
reviewed at a public meeting of the Team at the offices of the 
California Department of Fish and Game in Los Alamitos, California. A 
public meeting between the Team and the Council's Coastal Pelagic 
Species Advisory Subpanel was held in the same location that afternoon. 
The Council reviewed the report at its meeting on November 1, 2001, and 
heard comments from its advisory bodies and the public. No significant 
comments on the biomass estimate were received; therefore, the Council 
recommended to NMFS that the biomass and harvest guideline be published 
as presented.
    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,

[[Page 66812]]

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 2001. 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. Documentation of the 2002 estimate is 
described in Stock Assessment of Pacific Sardine with Management 
Recommendations for 2002 (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 2002, this 
estimate is 1,057,599 metric tons (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 
2002, 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 
2002, the fraction was 15 percent based on three seasons of sea surface 
temperature at Scripps Pier, California.
    Based on the estimated biomass of 1,057,599 mt and the formula in 
the FMP, a harvest guideline of 118,442 mt was calculated for the 
fishery beginning January 1, 2002. 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. 40' N. lat. to the Mexican border. Any 
unused resource in either area will be reallocated between areas to 
help ensure that the optimum yield will be achieved. The northern 
allocation is 39,481 mt; the southern allocation is 78,961 mt.

Classification

    This action is authorized by 50 CFR 660.509 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA) finds for good 
cause under 5 U.S.C. 553 (b)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary because 
establishing the annual harvest guideline is primarily a ministerial 
act, determined by applying formulas in the FMP. During the comment 
periods for Amendment 8 to the CPS FMP and its proposed rule, the 
public was given an opportunity to comment on these formulas. Some of 
the variables used in the formula (biomass estimate, proportion of 
biomass in U.S. waters, harvest fraction determination) are developed 
with input from the Council and its advisory committees. Final input on 
these items was provided in November, which did not allow sufficient 
time to publish a proposed rule in the Federal Register. Since the 
harvest guideline should be in place before the fishing year begins on 
January 1, 2002, it would be impracticable and contrary to the public 
interest to delay this process further.
    Because this final rule merely announces the result of harvest 
guideline calculations and does not require any participants in the 
fishery to take action or to come into compliance, the AA finds for 
good cause under 5 U.S.C. 553 (d)(3) that delaying the effective date 
of this final rule for 30 days is unnecessary.
    Because prior notice and opportunity for public comment are not 
required for this action by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.

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

    Dated: December 19, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-31835 Filed 12-26-01; 8:45 am]
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