[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Page 34700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17186]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0812171612-9134-02]
RIN 0648-XQ35


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 coast of Washington, Oregon and California. This action is 
necessary because the directed harvest allocation total for the second 
seasonal period (July 1-September 14) is projected to be reached by the 
effective date of the rule. From the effective date of this rule until 
September 15, 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) July 18, 2009, 
through September 14, 2009.

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: This notice announces that based on the best 
available information recently obtained from the fishery, the directed 
fishing harvest allocation for the second allocation period (July 1-
September 14) will be reached and therefore directed fishing for 
Pacific sardine is now closed until September 15, 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 September 15, 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). The acceptable biological catch (ABC) or maximum HG for 
the 2009 Pacific sardine fishing season (January 1, 2009-December 31, 
2009) is 66,932 mt and was divided into a directed harvest fishery of 
58,032 mt, an incidental fishery of 6,500 mt and an exempted fishing 
permit set-aside of 2,400 mt. The directed and incidental harvest 
amounts were subdivided throughout the year in the following way: 
January 1-June 30, 22,006 mt was allocated for directed harvest with an 
incidental set-aside of 1,000 mt; July 1-September 14, 24,543 mt plus 
any portion not harvested from the initial allocation was allocated for 
directed harvest with an incidental set-aside of 1,000 mt; September 
15-December 31, 11,483 mt plus any portion not harvested from earlier 
allocations was allocated for directed harvest with an incidental set-
aside of 4,500 mt. See, 74 FR 7826 (February 20,2009) as adjusted by 74 
FR 31199 (June 30, 2009).
    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 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.
    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: July 15, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17186 Filed 7-15-09; 4:15 pm]
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