[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59156-59157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24190]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0912281446-0111-02]
RIN 0648-XY79
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 third
seasonal period (September 15 December 31) is projected to be reached
by the effective date of this rule. From the effective date of this
rule until January 1, 2011, Pacific sardine can only be harvested 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 fish per trip. Fishing vessels must be at shore and in
the process of offloading at 12:01 am Pacific Daylight Time on date of
closure.
DATES: Effective 12:01 am Pacific Daylight Time (PDT) September 24,
2010, through December 31, 2010.
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 third allocation period (September 15 December 31) will be reached
and therefore directed fishing for Pacific sardine is being closed
until January 1, 2011. Fishing vessels must be at shore and in the
process of offloading at the time of closure. From 12:01 am on the date
of closure through December 31, 2010, 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
[[Page 59157]]
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: September 22, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-24190 Filed 9-22-10; 4:15 pm]
BILLING CODE 3510-22-S