[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11969-11970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4922]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 110111018-1095-02]
RIN 0648-XA109
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: Temporary emergency rule; interim measures.
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SUMMARY: NMFS is suspending directed fishing for Pacific sardine off
the coasts of Washington, Oregon and California through June 30, 2011.
This action is necessary because the proposed directed harvest
allocation total for Pacific sardine the first seasonal period (January
1-June 30) of 15,214 metric tons (mt) is projected to be reached by the
effective date of this rule. Under this rule, 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
[[Page 11970]]
limited to 30-percent by weight of all fish caught per trip. Vessels
with Pacific sardine catch must be at shore and in the process of
offloading at 12:01 a.m. Pacific Standard Time (PST) on the date of
this closure. This rule is necessary to help conserve and manage
Pacific sardine off the West Coast.
DATES: Effective 12:01 am PST, March 5, 2011, through June 30, 2011.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: Based on the best available information
recently obtained from the fishery and information on past effort, the
proposed 2011 directed fishing harvest allocation for Pacific sardine
for the first period (January 1-June 30) of fishing year 2011 has been
reached. Accordingly, NMFS is closing directed fishing for Pacific
sardine until the beginning of the next fishing period for this species
on July 1, 2011. Vessels with Pacific sardine catch must be at shore
and in the process of offloading at the time of this closure. From
12:01 a.m. on the date of closure through June 30, 2011, 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. This action is necessary to avoid overfishing and ensure orderly
management of the 2011 Pacific sardine fishery in anticipation of
approval and implementation of the 2011 Pacific sardine annual
specifications. NMFS anticipates the second and third allocation
periods of the 2011 fishing season being managed under those annual
specifications.
NMFS manages the Pacific sardine fishery in the U.S. exclusive
economic zone (EEZ) off the Pacific coast (California, Oregon, and
Washington) under the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq., in accordance with the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP). Additionally, the
Magnuson-Stevens Act provides that, where necessary to prevent
overfishing, NMFS may issue an emergency rule to address the
overfishing concern (18 U.S.C. 1855(c)). Each year, NMFS publishes
annual specifications in the Federal Register to establish the harvest
guideline (HG) and seasonal allocations for each fishing season
(January 1-December 31). Per the framework in the CPS FMP, if, during
any of the seasonal allocation periods, the applicable adjusted
directed harvest allocation is projected to be taken, only incidental
harvest is allowed. These seasonal allocations were established as
mechanisms to prevent overfishing and provide equitable opportunity to
the resource.
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 interim rule has been determined to be not significant for
purposes of 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 is necessary for the conservation and management of the Pacific
sardine resource while the rulemaking process for the 2011 Pacific
sardine annual specifications is finalized. A delay in effectiveness of
this action would cause the fishery to exceed a proposed seasonal
allocation. The seasonal allocation framework established in the FMP is
an important mechanism to prevent overfishing, and is designed to allow
fair and equitable opportunity to the resource by all sectors of the
Pacific sardine fishery. Delaying the effective date of this rule is
therefore impracticable, because any delay would decrease the Pacific
sardine stock. Delay is also contrary to the public interest, because
additional reduction of Pacific sardine beyond the incidental take
limit set out in this action would decrease the future stock of the
species, as well as harvest limits, thereby reducing future potential
catch of the stock along with the profits associated with those
harvests.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 28, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-4922 Filed 3-1-11; 4:15 pm]
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