[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Page 54737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22253]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 080326475-8686-02]
RIN 0648-XK61
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This
action is necessary because the directed harvest allocation total for
the third allocation period (September 15 - December 31) is projected
to be reached. From the date of closure until the new fishing season
begins on January 1, 2009, Pacific sardine may only be harvested
incidental to other fisheries, with incidental harvest constrained by a
20-percent by weight incidental catch rate. Fishing vessels must be in
the process of offloading at the time of closure.
DATES: Effective 12:01 am Pacific Standard Time September 23, 2008,
through January 1, 2009.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the Pacific coast
(California, Oregon, and Washington) in accordance with the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP). Annual
specifications published in the Federal Register establish the total
harvest guideline (HG) and allowable harvest levels for each Pacific
sardine fishing season (January 1 - December 31). The total HG for the
2008 Pacific sardine fishing season (January 1, 2008 - December 31,
2008) is 89,093 mt and is divided into a directed harvest fishery of
80,184 mt and an incidental fishery of 8,909 mt. These directed and
incidental harvest ammounts are subdivided throughout the year in the
following way: January 1-June 30, 26,550 mt is allocated for directed
harvest with an incidental set-aside of 4,633 mt; July 1-September 14,
34,568 mt plus any portion not harvested from the initial allocation is
allocated for directed harvest with an incidental set-aside of 1,069
mt; September 15-December 31, 19,066 mt plus any portion not harvested
from earlier allocations is allocated for directed harvest with an
incidental set-aside of 3,207 mt (73 FR 30811, May 29, 2008).
If during any of the seasonal allocation periods the applicable
adjusted directed harvest allocation is projected to be taken, only
incidental harvest is allowed and, for the remainder of the period, any
incidental Pacific sardine landings will be counted against that
period's incidental set aside. The incidental fishery will also be
constrained to a 20-percent by weight incidental catch rate when
Pacific sardine are landed with other CPS to minimize targeting of
Pacific sardine and to maximize landings of harvestable stocks. In the
event that an incidental set-aside is projected to be attained, all
fisheries will be closed to the retention of Pacific sardine for the
remainder of the period via appropriate rulemaking. If the set-aside is
not fully attained or is exceeded in a given seasonal period, the
directed harvest allocation in the following seasonal period will be
automatically adjusted to account for the discrepancy.
Under 50 CFR 660.509 if the total HG or these apportionment levels
for Pacific sardine are reached at any time, NMFS is required to close
the Pacific sardine fishery via appropriate rulemaking and it is to
remain closed until it re-opens either per the allocation scheme or the
beginning of the next fishing season. In accordance with Sec. 660.509
the Regional Administrator shall publish a notice in the Federal
Register the date of the closure of the directed fishery for Pacific
sardine.
The above in-season harvest restrictions are not intended to affect
the prosecution the live bait portion of the Pacific sardine fishery.
Classification
This action is required by 50 CFR 660.509 and is exempt from Office
of Management and Budget review under Executive Order 12866.
NMFS finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) for the closure of the September 15 -
December 31 directed harvest of Pacific sardine. For the reasons set
forth below, notice and comment procedures are impracticable and
contrary to the public interest. For the same reasons, NMFS also finds
good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effectiveness for this action. This measure responds to the best
available information and is necessary for the conservation and
management of the Pacific sardine resource. A delay in effectiveness
would cause the fishery to exceed the in-season harvest level. These
seasonal harvest levels are important mechanisms in preventing
overfishing and managing the fishery at optimum yield. The established
directed and incidental harvest allocations are designed to allow fair
and equitable opportunity to the resource by all sectors of the Pacific
sardine fishery and to allow access to other profitable CPS fisheries,
such as squid and Pacific mackerel.
Many of the same fishermen who harvest Pacific sardine rely on
these other fisheries for a significant portion of their income.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-22253 Filed 9-22-08; 8:45 am]
BILLING CODE 3510-22-S