[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Page 61373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27174]



[[Page 61373]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0330612150-3214-02; 102003A]


Fisheries off West Coast States and in the Western Pacific; 
Coastal Pelagic Species Fisheries; Closure of the Fishery for Pacific 
Sardine North of Pt. Arena, California

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

ACTION: Closure of the fishery for Pacific sardine north of Pt. Arena, 
California.

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SUMMARY: NMFS announces the closure of the fishery for Pacific sardine 
in the exclusive economic zone off the Pacific Coast north of Pt. 
Arena, California (39[deg] 00' N. lat.) at 12:01 a.m. local time (l.t.) 
on October 17, 2003. The purpose of this action is to comply with the 
allocation procedures mandated by the Coastal Pelagic Species Fishery 
Management Plan (FMP).

DATES: Effective 12:01 a.m. l.t., October 24, 2003 through December 31, 
2003.

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, NMFS, 501 W. Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, Southwest Region, NMFS, 
(562) 980-4040.

SUPPLEMENTARY INFORMATION: On September 9,2003 (68 FR 53053), NMFS 
announced the reallocation of the remaining Pacific sardine harvest 
guideline in the exclusive economic zone off the Pacific Coast. An 
estimated 59,508 metric tons (mt) of the 110,908 mt harvest guideline 
was expected to remain unharvested on September 1, 2003. In accordance 
with the allocation procedures contained in the FMP, 80 percent of the 
59,508 mt was allocated to Subarea B south of Pt. Arena, CA (47,606 mt) 
and 20 percent was allocated to Subarea A north of Pt. Arena, CA 
(11,902 mt). The allocation to Subarea A of 11,902 mt was reached on 
October 17, 2003. According to the allocation procedures in the FMP, 
the fishery may reopen on December 1, 2003, if any portion of the 
Subarea B allocation is unharvested at that time.
    For the reasons stated here and in accordance with the FMP and its 
implementing regulations at 50 CFR 660.508, the fishery for Pacific 
sardine north of Pt. Arena, CA was closed at 12:01 a.m. October 17, 
2003. If any of the sardine allocation to Subarea B south of Pt. Arena 
remains unharvested on December 1, 2003, it will be available to all 
fisheries off the Pacific Coast until the end of the fishing season on 
December 31, 2003.

Classification

    The Assistant Administrator for Fisheries (AA), NMFS finds good 
cause to waive the requirement to provide prior notice and opportunity 
for comment on this action under 5 U.S.C. 553(b)(B), because providing 
prior notice and opportunity would be impracticable. It would be 
impracticable because this closure is necessary to comply with the 
allocation procedures mandated by the FMP and its implementing 
regulations. For these reasons, the AA finds that good cause exists to 
waive the 30-day delay in effectiveness requirement of 5 U.S.C. 
553(d)(3).
    This action is required by 50 CFR 660.509 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 23, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27174 Filed 10-23-03; 3:49 pm]
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