[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50952-50953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20670]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120312182-2239-02]
RIN 0648-XC166
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 off
the coasts of Washington, Oregon and California. This action is
necessary because the directed harvest allocation total for the second
seasonal period (July 1-September 14) is projected to be reached by the
effective date of this rule. From the effective date of this rule until
September 15, 2012, Pacific sardine may be harvested only as part of
the live bait fishery or incidental to other fisheries; the incidental
harvest of Pacific sardine is limited to 30-percent by weight of all
[[Page 50953]]
fish per trip. Fishing vessels must be at shore and in the process of
offloading at 12:01 a.m. Pacific Daylight Time, August 23, 2012.
DATES: Effective 12:01 a.m. Pacific Daylight Time (PDT) August 23,
2012, through 11:59 p.m., September 14, 2012.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: This document announces that based on the
best available information recently obtained from the fishery and
information on past effort, the directed fishing harvest allocation for
the second allocation period (July 1-September 14) will be reached and
therefore directed fishing for Pacific sardine is being closed until
September 15, 2012. Fishing vessels must be at shore and in the process
of offloading at the time of closure. From 12:01 a.m., August 23,
through September 14, 2012, Pacific sardine may be harvested only as
part of the live bait fishery or incidental to other fisheries, with
the incidental harvest of Pacific sardine limited to 30-percent by
weight of all fish caught during a trip.
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 harvest guideline (HG) and allowable
harvest levels for each Pacific sardine fishing season (January 1-
December 31). 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. 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.
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 announcing 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 of 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 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: August 17, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-20670 Filed 8-17-12; 4:15 pm]
BILLING CODE 3510-22-P