[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Rules and Regulations]
[Pages 59173-59174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000831250-0250-01; 111601D]


Fisheries off West Coast States and in the Western Pacific; 
Coastal Pelagic Species Fisheries; Closure of Directed Fishery for 
Pacific Mackerel

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure of directed fishery for Pacific mackerel.

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SUMMARY: NMFS announces the closure of the directed fishery for Pacific 
mackerel in the exclusive economic zone off the Pacific coast at 12 
noon local time (l.t.) on November 21, 2001. For the fishing season 
beginning July 1, 2001, 6,000 mt of the 13,837-mt harvest guideline was 
established for a directed fishery. Based on recent landings, more than 
6,000 mt of Pacific mackerel has been landed; therefore, the directed 
fishery is being closed and the trip limit imposed. The intended effect 
of this action is to ensure that the harvest guideline will be 
achieved, but not exceeded, and to minimize bycatch of Pacific mackerel 
while other coastal pelagic species are being harvested.

DATES: Effective 12 noon local time on November 21, 2001, until the 
effective date of the 2002 fishing season for Pacific mackerel, which 
will publish in the Federal Register.

ADDRESSES: The data that was used as the basis for this action is 
available for public inspection at the Office of the Acting Regional 
Administrator, Rodney R. McInnis, Southwest Region (Regional 
Administrator), NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: James J. Morgan, Southwest Region, 
NMFS, 562-980-4036.

SUPPLEMENTARY INFORMATION: On July 25, 2001, NMFS announced in the

[[Page 59174]]

Federal Register (66 FR 38571) a harvest guideline of 13,837 mt for 
Pacific mackerel for the fishing season July 1, 2001, through June 30, 
2002. A directed fishery of 6,000 mt was established, which, when 
attained, would be followed by an incidental allowance of 45 percent by 
weight of Pacific mackerel in a landing of any coastal pelagic species. 
If a significant amount of the harvest guideline remained unused before 
the end of the fishing season on June 30, 2002, the directed fishery 
would be reopened. This approach was taken because of concern about the 
low harvest guideline's potential negative effect on the harvest of 
Pacific sardine if the fishery for Pacific mackerel had to be closed.
    As of November 8, 2001, 6,079 mt of Pacific mackerel has been 
landed. The recent harvest rate will lead to reaching the harvest 
guideline before the end of the season and at a time when sardine 
harvests are likely to be high; therefore, the incidental allowance of 
45 percent by weight will be implemented. This will minimize bycatch of 
Pacific mackerel while allowing the sardine fishery to be conducted 
without further restrictions. If a significant portion of the 13,837-mt 
harvest guideline remains before the end of the fishing season on June 
30, 2002, the directed fishery will be reopened.
    For the reasons stated here and in accordance with the FMP and its 
implementing regulations at 50 CFR 660.509, the directed fishery for 
Pacific mackerel will be closed at 12:00 l.t. on November 21, 2001, 
after which time no more than 45 percent by weight of a landing of 
Pacific sardine, northern anchovy, jack mackerel, or market squid may 
consist of Pacific mackerel.

Classification

    This action is required by 50 CFR 660.509 and is exempt from review 
under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA finds good cause to 
waive the requirement to provide opportunity for prior notice and 
comment on this action pursuant to 5 U.S.C. 553(b)(B), as providing 
prior notice and opportunity for comment would be impracticable and 
unnecessary. It is impracticable because the fishery must be closed to 
prevent overharvest and to allow the sardine fishery to continue. It is 
unnecessary since this is a minor inseason action and the public had an 
opportunity to comment on the process that established the season 
openings and closings.
    For these reasons, good cause also exists to waive the 30-day delay 
in effectiveness requirement of 5 U.S.C. 553 (d)(3).

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

    Dated: November 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-29484 Filed 11-21-01; 2:51 pm]
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