[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Rules and Regulations]
[Pages 11068-11070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5151]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0912281446-0111-02]
RIN 0648-XT32
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual harvest
guideline (HG) and seasonal allocations for Pacific sardine in the U.S.
exclusive economic zone (EEZ) off the Pacific coast for the fishing
season of January 1, 2010, through December 31, 2010. These
specifications have been determined according to the Coastal Pelagic
Species (CPS) Fishery Management Plan (FMP). This rule is intended to
conserve and manage Pacific sardine off the West Coast.
DATES: Effective March 10, 2010 through December 31, 2010.
ADDRESSES: Copies of the report ``Assessment of Pacific Sardine Stock
for U.S. Management in 2010'' may be obtained from the Southwest
Regional Office (see the Mailing address above).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by
publication of the final rule in the Federal Register on December 15,
1999 (64 FR 69888), divides management unit species into two
categories: actively managed and monitored. Harvest guidelines for
actively managed species (Pacific sardine and Pacific mackerel) are
based on formulas applied to current biomass estimates. Biomass
estimates are not calculated for species that are only monitored (jack
mackerel, northern anchovy, and market squid).
During public meetings each year, the biomass for each actively
managed species within the CPS FMP is
[[Page 11069]]
presented to the Pacific Fishery Management Council's (Council) CPS
Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel)
and the Council's Scientific and Statistical Committee (SSC). At that
time, the biomass, the overall HG and the status of the fisheries are
reviewed and discussed. This information is then presented to the
Council along with HG recommendations and comments from the Team,
Subpanel and SSC. Following review by the Council and after hearing
public comment, the Council makes its HG recommendation to NMFS.
In November 2009, the Council recommended, and NMFS then approved,
a maximum HG of 72,039 mt for the 2010 Pacific sardine fishing year.
This HG is based on a biomass estimate of 702,204 mt and the harvest
control rule established in the CPS FMP. This HG is slightly higher
than the HG for the 2009 fishing season, which was 66,932 mt. The
Council also recommended, and NMFS approved, that 5,000 mt of the
available 2010 ABC/HG be initially reserved for research activities
that would be undertaken under a potential EFP. In 2009, 2,400 mt was
subtracted from the total HG for an EFP. The Council will hear
proposals and comments on any potential EFPs at its March Council
meeting and make a recommendation to NMFS on the proposed EFP(s) for
the 5,000 mt research set aside at their April 2010 Council meeting.
NMFS will likely make a decision on whether or not to issue an EFP some
time prior to the start of the second seasonal period (July 1, 2010).
Any of the 5,000 mt that is not issued to an EFP will be rolled into
the third allocation period's directed fishery. Any research set aside
attributed to an EFP designed to be conducted during the closed fishing
time in the second allocation period (prior to September 15), but not
utilized, will roll into the third allocation period's directed
fishery. Any research set aside attributed to an EFP designed to be
conducted during closed fishing times in the third allocation, but not
utilized, will not be re-allocated.
The Council recommended, and NMFS approved, that the remaining
67,039 mt (HG of 72,039 mt minus provisional 5,000 mt EFP set aside) be
used as the initial overall fishing HG and be allocated across the
seasonal periods established by Amendment 11 (71 FR 36999). The Council
also recommended, and NMFS approved, an incidental catch set aside of
3,000 mt and a management uncertainty buffer of 4,000 mt. Subtracting
this set aside from the initial overall HG establishes an initial
directed harvest fishery of 60,039 mt and an incidental fishery of
3,000 mt. The purpose of the incidental fishery is to allow for the
restricted incidental landings of Pacific sardine in other fisheries,
particularly other CPS fisheries, if and when a seasonal directed
fishery is closed.
The directed harvest levels and incidental set-aside are initially
allocated across the three seasonal allocation periods in the following
way: January 1-June 30, 22,463 mt is allocated for directed harvest
with an incidental set aside of 1,000 mt; July 1-September 14, 25,861
mt is allocated for directed harvest with an incidental set aside of
1,000 mt; September 15-December 31, 11,760 mt is allocated for directed
harvest with an incidental set aside of 1,000 mt. If during any of the
seasonal allocation periods the applicable adjusted directed harvest
allocation is projected to be taken, fishing is closed to directed
harvest and only incidental harvest is allowed. For the remainder of
the period, any incidental Pacific sardine landings are counted against
that period's incidental set-aside. During times when only incidental
landings of Pacific sardine are allowed, catch of Pacific sardine is
constrained to a 30 percent by weight incidental catch rate when
Pacific sardine are landed with other CPS so as to minimize the
targeting of Pacific sardine. 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. If a set-
aside is not fully attained or is exceeded in a given seasonal period,
the directed harvest allocation in the following seasonal period is
automatically adjusted to account for the discrepancy. Additionally, if
during any seasonal period the directed harvest allocation is not fully
attained or is exceeded, then the following period's directed harvest
total is adjusted to account for this discrepancy as well.
If the total HG or these apportionment levels for Pacific sardine
are reached or are expected to be reached, the Pacific sardine fishery
will be closed via an appropriate rulemaking until it re-opens either
per the allocation scheme or the beginning of the next fishing season.
The Regional Administrator will publish a notice in the Federal
Register announcing the date of such closures.
As stated above, the overall or maximum HG for the 2010 Pacific
sardine fishing season is 72,039 mt.; 5,000 mt of this 72,039 mt is
initially set aside for use under an Exempted Fishing Permit (EFP), if
issued, leaving the remaining 65,732 mt as the initial commercial
fishing HG. This HG is divided across the seasonal allocation periods
in the following way: January 1-June 30, 22,463 mt is allocated for
directed harvest with an incidental set-aside of 1,000 mt; July 1-
September 14, 25,861 mt is allocated for directed harvest with an
incidental set-aside of 1,000 mt; September 15-December 31, 11,760 mt
is allocated for directed harvest with an incidental set-aside of 1,000
mt with an additional 4,000 mt set aside to buffer against reaching the
overall HG.
On January 13, 2010, a proposed rule was published for this action
that solicited public comments (75 FR 1745). No comments were received.
For further background information on this action please refer to the
preamble of the proposed rule (75 FR 1745, January 13, 2010).
Classification
The Administrator, Southwest Region, NMFS, determined that this
final rule is necessary for the conservation and management of the CPS
fishery and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
NMFS finds good cause pursuant to 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness for the establishment of the harvest
specifications for the 2010 Pacific sardine fishing season. For the
reasons set forth below, the immediate implementation of this measure
is necessary for the conservation and management of the Pacific sardine
resource. This rule establishes seasonal harvest allocations and the
ability to restrict fishing when these allocations are approached or
reached. These specified allocations are important mechanisms in
preventing overfishing and managing the fishery at optimum yield while
allowing fair and equitable opportunity to the resource by all sectors
of the Pacific sardine fishery. A delay in effectiveness is likely to
prevent the ability to the close the fishery when necessary and cause
the fishery to exceed an in-season directed 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. During the 2009 fishing season,
which had a similar HG as this 2010 season, the first allocation period
was closed on
[[Page 11070]]
February 20, 2009. Although it has not been necessary to close the 2010
season as quickly, based on the most recent catch data, and best
available information from the fishery, it is likely that it will be
necessary to close the 2010 fishing season in the near future.
Therefore, NMFS finds that there is good cause to waive the 30-day
delay in effectiveness in this circumstance. To help keep the regulated
community informed of this final rule NMFS will also announce this
action through other means available, including fax, email, and mail to
fishermen, processors, and state fishery management agencies.
Additionally, NMFS will advise the CPS Advisory Subpanel, which is
comprised of representatives from all sectors and regions of the
sardine industry, including processors, fishermen, user groups,
conservation groups and fishermen association representatives, of
current landings as they become available and for the public at-large
also post them on NMFS' Southwest Regional Office website, http://swr.nmfs.noaa.gov/.
This final rule is exempt from Office of Management and Budget
review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule (75 FR 1745) and is not repeated here.
No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-5151 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S