[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Rules and Regulations]
[Page 53053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0330612150-3214-02; I.D. 082903B]


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: Reallocation of Pacific sardine.

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SUMMARY: NMFS announces the reallocation of the remaining Pacific 
sardine harvest guideline in the exclusive economic zone off the 
Pacific Coast. On September 1, 2003, 59,508 metric tons (mt) of the 
110,908 mt harvest guideline is expected to remain unharvested. The 
Coastal Pelagics 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, 11,902 mt is allocated to Subarea A and 47,600 mt 
is allocated to Subarea B. The intended effect of this action is to 
ensure that a sufficient amount of the resource is available to all 
harvesters on the Pacific Coast and to achieve optimum yield.

DATES: Effective September 5, 2003.

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

SUPPLEMENTARY INFORMATION: On December 31, 2002, NMFS published notice 
of a harvest guideline of 110,908 mt for Pacific sardine in the Federal 
Register (67 FR 79889) for the fishing season January 1, 2003, through 
December 31, 2003. The harvest guideline was allocated as specified in 
the FMP at that time, that is, one-third (36,969 mt) for Subarea A, 
which is north of 35[deg] 40' N. lat. (Pt. Piedras Blancas, CA) to the 
Canadian border; and two-thirds (73,939 mt)for Subarea B, which is 
south of 35[deg] 40' 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 4, 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, CA at 35[deg] 
40' 00'' N. lat. to Pt. Arena, CA at 39[deg] 00' 00'' N. lat., (2) 
moved 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.
    Landings in the Pacific Northwest in 2003 have been below the 
landings for the same period during the 2002 fishing season. Landings 
by September 1 in Subarea A north of Pt. Arena are expected to be 
23,400 mt; therefore, 13,569 mt of the initial allocation to Subarea A 
of 36,969 mt will remain unharvested. Landings in California have also 
been below landings for the same period in 2002. Landings by September 
1 in Subarea B south of Pt. Arena are expected to be 28,000 mt; 
therefore, 45,939 mt of the initial allocation to Subarea B of 73,939 
will remain unharvested. From the best information available, a total 
of 59,508 mt of the 110,908 mt harvest guideline is anticipated will 
remain unharvested on September 1. Therefore, according to the 
requirements of the FMP, as amended, 20 percent of 59,508 mt (11,902 
mt) is allocated to Subarea A, and 80 percent of 59,508 mt (47,606 mt) 
is allocated to Subarea B.
    Any portion of 110,908 mt harvest guideline that remains 
unharvested in Subarea A and Subarea B on December 1, 2003, will be 
available for harvest coast-wide until the 110,908 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 for good 
cause under 5 U.S.C. 553(b)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary because 
redistribution of the harvest guideline is a ministerial act required 
by the FMP to ensure that all harvesters have access to the resource. 
This action relieves potential restrictions on those affected by 
Federal regulations, and affording additional notice and comment would 
impede the agency's ability to manage Pacific sardine. Accordingly, 
providing prior notice and an opportunity for public comment would 
serve no useful purpose.
    Because this rule merely provides a redistribution of a harvest 
guideline to meet the requirements of the FMP and does not require any 
participants in the fishery to take action or to come into compliance, 
the AA finds for good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness of this rule.
    Because prior notice and opportunity for public comment are not 
required for this action by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.

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

    Dated: September 4, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Serevice.
[FR Doc. 03-22920 Filed 9-5-03; 11:09 am]
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