[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Rules and Regulations]
[Pages 48421-48422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.0812171612-9134-02]
RIN 0648-XR63


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 the rule. From the effective date of this rule 
until December 31, 2009, 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 20-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 23, 
2009, through December 31, 2009

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 December 31, 2009. 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 until December 31, 2009, Pacific sardine may be 
harvested only incidental to other fisheries, with the incidental 
harvest of Pacific sardine limited to 20-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 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.

[[Page 48422]]

    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 July 1-September 14 
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 14, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-22910 Filed 9-18-09; 4:15 pm]
BILLING CODE 3510-22-S