[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Rules and Regulations]
[Pages 16322-16323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8186]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000831250-0250-01; 032602D]


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

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

ACTION: Reopening of the directed fishery for Pacific mackerel.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the reopening of the directed fishery for 
Pacific mackerel in the U.S. exclusive economic zone off the Pacific 
coast at 12 midnight local time (l.t.) on March 31, 2002. A significant 
portion of the Pacific mackerel harvest guideline remains unharvested; 
therefore, the incidental catch allowance that has been in effect

[[Page 16323]]

since November 21, 2001, is removed, and any landing of Pacific 
mackerel may consist of 100 percent Pacific mackerel. This action is 
taken to help ensure that the harvest guideline is attained, but not 
exceeded.

DATES: Effective at 12 midnight l.t. March 31, 2002, through 12 
midnight l.t. June 30, 2002.

ADDRESSES: The data 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 a harvest 
guideline of 13,837 metric tons (mt) for Pacific mackerel for the 
fishing season July 1, 2001, through June 30, 2002 (66 FR 38571). A 
directed fishery of 6,000 mt was established, which, when attained, 
would be followed by an incidental catch allowance of 45 percent 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. The two 
species occur together often and could present bycatch problems.
    On November 8, 2001, 6,079 mt of Pacific mackerel had been landed; 
therefore, the 45 percent incidental rate was implemented on November 
21, 2001 (66 FR 54166, November 27, 2001). On March 5, 2002, 7,252 mt 
of Pacific mackerel had been landed, with 6,585 mt of the harvest 
guideline remaining. To help ensure that the harvest guideline will be 
achieved, beginning on April 1, 2002, the 45 percent incidental landing 
restriction will be removed. If the harvest guideline of 13,837 mt is 
projected to be reached before June 30, 2002, the directed fishery will 
be closed and an appropriate incidental landing restriction imposed.
    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 reopened at 12 midnight l.t. on March 31, 
2002, after which time any landing of Pacific mackerel may consist of 
100 percent 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 opened 
immediately in order to achieve the harvest guideline. It is 
unnecessary because this is a minor inseason action and the public had 
an opportunity to comment on the process that established the season 
openings and closings.
    Since this action will give Pacific mackerel fishermen an 
opportunity to land the remaining harvest guideline, it relieves a 
restriction under 5 U.S.C. 553(d)(1).

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

    Dated: April 1, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-8186 Filed 4-1-02; 3:28 pm]
BILLING CODE 3510-22-S