[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20816]

[[Page Unknown]]

[Federal Register: August 24, 1994]



National Oceanic and Atmospheric Administration

50 CFR Part 662

[Docket No. 940825-4225; I.D. 072094B]


Northern Anchovy Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final quotas.


SUMMARY: NMFS announces the estimated spawning biomass and final 
harvest quotas for the northern anchovy fishery in the exclusive 
economic zone (EEZ) south of Point Reyes, CA, for the 1994-95 fishing 
season. These quotas may only be adjusted if inaccurate data were used 
or if errors were made in the calculations. Comments on these two 
points are invited. The intended effect of this action is to establish 
allowable harvest levels of Pacific anchovy.

DATES: Effective on August 1, 1994. Comments will be accepted until 
September 19, 1994.

ADDRESSES: Submit comments on the final quotas to Rodney McInnis, 
Acting Regional Director, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213. Administrative Report LJ-94-17 
is available from this same address.

FOR FURTHER INFORMATION CONTACT: James J. Morgan, Southwest Region, 
NMFS, (310) 980-4036.

SUPPLEMENTARY INFORMATION: In consultation with the California 
Department of Fish and Game and the NMFS Southwest Fisheries Science 
Center, the Acting Director of the Southwest Region, NMFS, (Regional 
Director) has estimated that the 1994-95 spawning biomass of the 
central subpopulation of northern anchovy, Engraulis mordax, is 126,000 
mt, less than 45 percent of the 1993-94 biomass estimate of 282,000 mt. 
The biomass estimate is derived from a stock assessment model using 
spawning biomass estimated by five indices of abundance. Documentation 
of the spawning biomass is contained in Administrative Report LJ-94-17, 
published by the Southwest Fisheries Science Center, NMFS (see 
ADDRESSES). This report and the determination of harvest quotas were 
provided to the Pacific Fishery Management Council (Council).
    The Regional Director has made the following determinations for the 
1994-95 fishing season by applying the formulas in the Northern Anchovy 
Fishery Management Plan (FMP) and in 50 CFR 662.20.
    1. The total U.S. harvest quota for northern anchovy is 4,900 mt, 
plus an unspecified amount for use as live bait. The total U.S. harvest 
quota is equivalent to 70 percent of the overall optimum yield (OY) (70 
percent of 7,000 mt) available for harvest by the United States and 
    2. The total U.S. harvest quota for reduction purposes is zero. No 
reduction quota is permitted when the spawning biomass is 300,000 mt or 
    3. The U.S. harvest allocation for non-reduction fishing (i.e., 
fishing for anchovy for use as dead bait and human consumption) is 
4,900 mt (as set by the Federal anchovy regulations at Sec. 662.20).
    4. There is no U.S. harvest limit for the live bait fishery.
    5. The domestic annual processing capacity (DAP) is 4,202 mt. The 
FMP states that this amount is the maximum annual level of reduction 
plus non-reduction processing during any one of the previous 3 years.
    6. The amount allocated to joint venture processing (JVP) is zero 
because there is no history of, nor are there applications for, joint 
    7. Domestic annual harvest capacity (DAH) is 4,202 mt. DAH is the 
sum of DAP and JVP.
    8. The total allowable level of foreign fishing (TALFF) is 474 mt. 
The TALFF in the EEZ is based on the U.S. portion of the OY (4,900 mt) 
minus the DAH (4,202 mt), minus the amount of the expected harvest in 
the Mexican fishery zone that is in excess of the amount recognized as 
Mexico's share under the FMP formula. The expected 1994-95 harvest in 
the Mexican fishery zone is 2,324 mt, which would be the largest 
Mexican harvest in the past 3 years. The amount recognized as Mexico's 
share under the FMP formula is 30 percent of the OY, which is 2,100 mt 
in 1994-95. Therefore, 224 mt must be subtracted from the difference 
between the U.S. OY and the estimated DAH.
    TALFF = 4,900 - 4,202 - (2,324 - 2,100) = 474 mt.
    The U.S. vessel operators are interested in having a small 
reduction fishery even in years when the biomass is below 300,000 mt. 
The FMP makes separate allocations to U.S. reduction and nonreduction 
fisheries and does not provide for a transfer between categories. The 
Council has been advised that if it intends for a small reduction quota 
to be allocated in years when the biomass is below 300,000 mt, the FMP 
must be amended. Without such an amendment, under this year's OY 
setting a TALFF is required by the FMP. In fact, NMFS expects no 
applications from foreign nations for this TALFF. Furthermore, Section 
201 of the Magnuson Act would prevent the allocation of this TALFF if a 
foreign nation did apply.
    These are the final northern anchovy quotas for the 1994-95 fishing 
season and will remain as such unless the Regional Director determines 
that a change in harvest quota is justified because inaccurate data 
were used or calculation errors were made. If changes are necessary, 
NMFS will publish a notice in the Federal Register notifying the public 
of the change and the reasons therefor.


    This action is authorized by 50 CFR part 662 and is exempt from OMB 
review under E.O. 12866.

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

    Dated: August 18, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-20816 Filed 8-19-94; 2:07 pm]