Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 54851 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: September 8, 2005. 

Michael K. Buckley, 

Deputy Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–18556 Filed 9–16–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 041130335–5154–02; I.D. 

091305E] 

Fisheries Off West Coast States and in 

the Western Pacific; Coastal Pelagic 

Species Fisheries; Reallocation of 

Pacific Sardine 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation of 

Pacific Sardine. 

SUMMARY: NMFS announces the 

reallocation of the remaining Pacific 

sardine harvest guideline in the 

exclusive economic zone off the Pacific 

coast. On September 1, 2005, 85,132 

metric tons (mt) of the 136,179–mt 

harvest guideline are estimated to 

remain unharvested. The Coastal Pelagic 

Species Fishery Management Plan 

(FMP) requires that a review of the 

fishery be conducted and any uncaught 

portion of the harvest guideline 

remaining unharvested in Subarea A 

(north of Pt. Arena, CA) and Subarea B 

(south of Pt. Arena, CA) be added 

together and reallocated, with 20 

percent allocated to Subarea A and 80 

percent to Subarea B; therefore, 17,026 

mt is allocated to Subarea A and 68,106 

mt is allocated to Subarea B. This action 

ensures that a sufficient amount of the 

Pacific sardine resource is available to 

all harvesters on the Pacific coast and to 

achieve optimum yield. 

DATES: Effective September 14, 2005, 

through December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Tonya L. Wick, Southwest Region, 

NMFS, 562–980–4036. 

SUPPLEMENTARY INFORMATION: On June 

22, 2005, NMFS published notice of a 

harvest guideline of 136,179 mt for 

Pacific sardine in the Federal Register 

(70 FR 36053) for the fishing season 

January 1, 2005, through December 31, 

2005. The harvest guideline was 

allocated as specified in the FMP, that 

is, one-third (45,393 mt) for Subarea A, 

which is north of 39° 00′ 00′′ N. lat. (Pt. 

Arena, CA) to the Canadian border; and 

two-thirds (90,786 mt) for Subarea B, 

which is south of 39° 00′ 00′′ N. lat. to 

the Mexican border. 

On August 26, 2003, a regulatory 

amendment to the FMP developed by 

the Pacific Fishery Management Council 

(Council) was approved, and a final rule 

implementing the amendment was 

published in the Federal Register on 

September 5, 2003 (68 FR 52523). The 

amendment (1) changed the definition 

of Subarea A and Subarea B by moving 

the geographic boundary between the 

two areas from Pt. Piedras Blancas at 35° 

40′ 00′′ N. lat. to Pt. Arena at 39° 00′ 00′′ 

N. lat.; (2) changed the date when 

Pacific sardine that remain unharvested 

are reallocated to Subarea A and 

Subarea B from October 1 to September 

1; (3) changed the percentage of the 

unharvested sardine that is reallocated 

to Subarea A and Subarea B from 50 

percent to both subareas to 20 percent 

to Subarea A and 80 percent to Subarea 

B; and (4) reallocated all unharvested 

sardine that remain on December 1 coast 

wide. 

NMFS anticipates slightly higher 

landings in the Pacific Northwest in 

2005 than landings for the same period 

during the 2004 fishing season. NMFS 

anticipates landings by September 1 in 

Subarea A north of Pt. Arena of 30,997 

mt; therefore, 14,396 mt of the initial 

allocation to Subarea A of 45,393 mt 

will remain unharvested. NMFS 

anticipates lower landings in California 

than landings for the same period in 

2004. NMFS anticipates landings of 

20,050 mt by September 1 in Subarea B 

south of Pt. Arena; therefore, 70,736 mt 

of the initial allocation to Subarea B of 

90,786 mt remains unharvested. Based 

on this information, NMFS anticipates 

that a total of 85,132 mt of the 136,179 

mt harvest guideline will remain 

unharvested on September 1, 2005. 

Therefore, according to the 

requirements of the FMP, as amended, 

NMFS reallocates 20 percent of 85,132 

mt (17,026 mt) to Subarea A, and 

reallocates 80 percent of 85,132 mt 

(68,106 mt) to Subarea B. 

Any portion of the 136,179 mt harvest 

guideline that remains unharvested in 

Subarea A and Subarea B on December 

1, 2005, will be available for harvest 

coast-wide until the 136,179–mt harvest 

guideline is reached and the fishery 

closed. 

Classification 

This action is authorized by the FMP 

in accordance with 50 CFR 660.517 and 

is exempt from review under Executive 

Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and an opportunity for public 

comment on this action because doing 

so is impracticable. It is impracticable 

because the information upon which the 

reallocation is based was not available 

until September 1, 2005, and affording 

prior notice and opportunity for public 

comment would delay the agency 

reallocating Pacific sardine and thus 

preclude all harvesters from accessing 

the Pacific sardine resource when it was 

available for harvest. 

For the reasons mentioned above, the 

AA also finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30 day delay in 

the effectiveness of this action because 

it relieves a restriction. 

The analytical requirement of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable because prior 

notice and opportunity for public 

comment are not required for this action 

by 5 U.S.C. 553, or any other applicable 

law. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 13, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18588 Filed 9–14–05; 2:07 pm] 

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