Northern Anchovy Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 662

[Docket No. 940123-4023; ID.# 121493B]

RIN 0648-AG03

Northern Anchovy Fishery

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 change the administrative

procedure for announcing the annual spawning biomass and harvest quotas

for the northern anchovy fishery. In the past, time constraints have

led to shortening the public's review time and making the announcement

of harvest quotas after the opening date of the fishing season

specified in the Northern Anchovy Fishery Management Plan (FMP). The

new procedure provides for the announcement of quotas by interim final

rule before August 1, the beginning of the fishing season, and provides

for a longer review period before final quotas are announced.

EFFECTIVE DATE: April 20, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Morgan at (310) 980-4036.

SUPPLEMENTARY INFORMATION: Each year, allotting time for processing and

public review of the annual estimated spawning biomass for the northern

anchovy fishery has led to publishing an announcement of the harvest

quotas in the Federal Register after the opening date of the fishing

season specified in the FMP. This is not what was intended when the

plan was implemented, but the collection of the data in the winter-

spring period on the one hand and the beginning of the fishing season

in August on the other leaves only a small window for notification and

review.

The fishing seasons and the formula for determining the annual

quotas are precisely defined in the fishery management plan. However,

the procedure for announcing the quotas is set forth only in Federal

regulations. The final rule amends 50 CFR 662.20(a) to specify a

preliminary review, followed by an announcement of interim final quotas

in the Federal Register before August 1, the beginning of the fishing

season. After the fishery begins in August, additional public review

and review by the Pacific Fishery Management Council (Council) would

result in a final determination. The only basis for changing the quotas

is determination of an error in the data used or in the calculations.

If such an error were identified, revised quotas would be announced

based on the new information.

If a quota is taken before the entire review of the relevant

background material is completed, the fishery will be closed.

The address of the Director, Southwest Region, NMFS, in Sec. 662.2

is updated to reflect the current location in Long Beach, California.

Classification

The Assistant Administrator for Fisheries, NOAA, has determined

that this rule is consistent with the Magnuson Act and other applicable

law.

Because this rule affects procedure only, under the Administrative

Procedure Act (5 U.S.C. 553), it may be, and is being, made immediately

effective without prior notice and opportunity for comment thereon, or

without a 30-day delay in effective date.

This rule is not subject to review under Executive Order 12866.

List of Subjects in 50 CFR Part 662

Fisheries.

Dated: April 15, 1994.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For the reasons set forth above, 50 CFR part 662 is amended as

follows:

PART 662--NORTHERN ANCHOVY FISHERY

1. The authority citation for part 622 continues to read as

follows:

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

2. In Sec. 662.2, the definition of Regional Director is revised to

read as follows:

Sec. 662.2 Definitions.

* * * * *

Regional Director means the Director, Southwest Region, National

Marine Fisheries Service, 501 W. Ocean Boulevard, Suite 4200, Long

Beach, CA 90802-4213, or a designee.

* * * * *

3. In Sec. 662.20, paragraph (a) is revised to read as follows:

Sec. 662.20 Harvest quota.

(a) Announcement of harvest quotas. The total harvest quota,

reduction harvest quota, subarea B harvest quota, and special

allocations will be determined by the Regional Director from the

estimated spawning biomass according to the formulas in paragraph (b)

of this section, and will be announced on or about August 1 as interim

final quotas. The quotas will be announced according to the following

procedure:

(1) No less than 14 calendar days before the meeting of the

Council's Anchovy Planning team and Advisory Subpanel, a notice will be

published in the Federal Register notifying the public when the

estimate of the annual spawning biomass will be available. The notice

also will announce the date and location of a meeting of the Council's

Anchovy Planning team and Advisory Subpanel, where the estimated

spawning biomass and the annual quotas will be reviewed and public

comments received. This meeting is expected to convene during the

second week of June.

(2) All materials relating to the annual quotas will be forwarded

to the Council and its Scientific and Statistical Committee and will be

available for public inspection at the Office of the Regional Director.

(3) On or about August 1, the interim final quotas will be

published in the Federal Register with an opportunity for public

comment.

(4) At a regular meeting of the Council, the Council will review

the estimated spawning biomass and harvest quotas and offer time for

public comment. The Council will either accept the harvest quotas as

published or recommend to the Regional Director that the numbers be

revised. If a revision is requested, a justification for the revision

must be provided. An annual quota may be adjusted only if inaccurate

data were used or if errors were made in the calculations.

(5) If the Regional Director determines that a change in a harvest

quota is justified, NMFS will publish a notice in the Federal Register

notifying the public of the change and the reasons for the change. If

no changes are necessary, the interim final quotas will become final

quotas, and no notice will be published.

* * * * *

[FR Doc. 94-9599 Filed 4-20-94; 8:45 am]

BILLING CODE 3510-22-P