[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)] [Rules and Regulations] [Pages 40303-40304] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-19499] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 50 CFR Part 662 [Docket No. 950801198-5198-01; I.D. 072795B] RIN 0648-XX26 Northern Anchovy Fishery; Quotas for the 1995-96 Fishing Year 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 south of Point Reyes, CA, for the 1995-96 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, 1995. Comments will be accepted until September 5, 1995. ADDRESSES: Submit comments on the final quotas to Ms. Hilda Diaz- Soltero, Regional Director, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Administrative Report LJ- 95-11 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 Director of the Southwest Region, NMFS, (Regional Director) has estimated that the 1995-96 spawning biomass of the central subpopulation of northern anchovy, Engraulis mordax, is 388,000 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-95-11, 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). According to the formula in the Fishery Management Plan for the Northern Anchovy Fishery (FMP), the U.S. optimum yield (OY) is 61,600 mt (70 percent of the biomass above 300,000), which is allocated to reduction fisheries, plus 4,900 mt for non-reduction fisheries. There is no agreement with Mexico on the management of northern anchovy; a portion of the biomass (30 percent) above 300,000 mt is designated as the amount to account for this unregulated harvest. Any portion of the U.S. OY not used by U.S. fishermen is identified as total allowable level of foreign fishing (TALFF) and available to foreign fishing. Estimates for the amount of anchovy that will be used by the U.S. fishing industry is based, usually, on the largest amount of reduction and non-reduction processing in the previous 3 years; however, the spawning biomass has been below 300,000 mt for the last 3 years and no reduction fishing has been permitted by the FMP. At a meeting of the Council's Coastal Pelagics Planning Team and Advisory Subpanel held in Long Beach, CA, on June 21, 1995, NMFS requested estimates of domestic processing needs from the fishing industry so that a basis could be established for setting annual quotas. Comments also were received at the June 26-29 meeting of the Council. From the information available, NMFS estimates that approximately 13,000 mt will be used by the U.S. reduction fishery in the 1995-96 season. Future estimates of domestic processing will be based on performance during the 1995-96 season. The TALFF depends on that portion of the U.S. OY that will not be used by U.S. fishermen, minus the amount of harvest by Mexican vessels that is in excess of the average Mexican harvest (calculated according to the formula in the FMP), like the estimates of U.S. harvest. The estimates of Mexican excess harvest is based, generally, on the largest harvest in the last 3 years; however, the biomass has been so low [[Page 40304]] during this time that there has been no significant fishery off Mexico. Historically, the Mexican fishery has been based on availability and not on abundance. When the biomass was of a similar level in 1987, Mexico harvested 124,475 mt. The biomass dropped approximately 45 percent the next year and another 26 percent the following year, yet Mexico harvested approximately 80,000 mt in each of those 2 years. Recent harvests are not a reliable predictor of Mexican harvest under conditions of sudden increased abundance. The issue of uncertainty about the performance of the domestic industry and the intent of Mexican harvesters was discussed by the Council, which recommended that the portion allocated to TALFF be held in reserve. This action would have protected the domestic industry and helped assure that OY will not be exceeded; however, the FMP does not allow for a deviation from the designated formula. The Regional Director has made the following determinations for the 1995-96 fishing season by applying the formulas in the FMP and in 50 CFR Part 662.20. 1. The total U.S. OY for northern anchovy is 66,500 mt, plus an unspecified amount for use as live bait. 2. The total U.S. harvest quota for reduction purposes is 13,000 mt. a. Of the total reduction harvest quota, 1,300 mt is reserved for the reduction fishery in Subarea A (north of Pt. Buchon). The FMP requires that 10 percent of the U.S. reduction quota or 9,072 mt, whichever is less, be reserved for the northern fishery. This is not a special quota, but only a reduction in the amount allocated to the southern fishery south of Pt. Buchon (Subarea B). After the northern fishery has harvested 1,300 mt, any unused portion of the Subarea B allocation may also be harvested north of Pt. Buchon. b. The reduction quota for subarea B (south of Pt. Buchon) is 11,700 mt. 3. The U.S. harvest quota for non-reduction fishing (i.e., fishing for anchovy for use as dead bait or human consumption) is 4,900 mt (as set by Sec. 662.20). 4. There is no U.S. harvest limit for the live bait fishery. 5. The domestic annual processing capacity (DAP) is 13,000 mt. 6. The amount allocated to joint venture processing (JVP) is zero, because there is no history of, nor are there applications for, joint ventures. 7. Domestic annual harvest capacity (DAH) is 13,000 mt. DAH is the sum of DAP and JVP. 8. The TALFF is 48,600 mt. The fishery will be monitored during the year and evaluated with respect to the OY and the estimated needs of the fishing industry. Adjustments may be made to comply with the requirements of the FMP and its implementing regulations. This action is authorized by 50 CFR part 662 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 2, 1995. Gary Matlock, Program Management Officer, National Marine Fisheries Service. [FR Doc. 95-19499 Filed 8-3-95; 3:49 pm] BILLING CODE 3510-22-F