[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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