# Northern Anchovy Fishery > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-9599 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** April 21, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-9599. Public record. Not legal advice.