[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Rules and Regulations]
[Pages 55360-55361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20615]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 031125290-4058-02; I.D. 090304A]
RIN 0648-AQ97


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, 2004, 68,009 metric tons (mt) of the 
122,747-mt harvest guideline were estimated 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, 13,602 mt is allocated to Subarea A and 54,407 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 8, 2004, through December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Tonya L. Wick, Southwest Region, NMFS, 
562-980-4036.

SUPPLEMENTARY INFORMATION: On February 25, 2004, NMFS published notice 
of a harvest guideline of 122,747 mt for Pacific sardine in the Federal 
Register (69 FR 8572) for the fishing season January 1, 2004, through 
December 31, 2004. The harvest guideline was allocated as specified in 
the FMP, that is, one-third (40,916 mt) for Subarea A, which is north 
of 39[deg]00'00'' N. lat. (Pt. Arena, CA) to the Canadian border; and 
two-thirds (81,831 mt)for Subarea B, which is south of 39[deg]00'00'' 
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 5, 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 at 
35[deg]40'00'' N. lat. to Pt. Arena at 39[deg]00''00'' N. lat.; (2) 
changed 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 2004 have been above the 
landings for the same period during the 2003 fishing season. Landings 
by September 1 in Subarea A north of Pt. Arena were estimated at 30,919 
mt; therefore, 9,997 mt of the initial allocation to Subarea A of 
40,916 mt remained unharvested. Landings in California have been below 
landings for the same period in 2003. Landings by September 1 in 
Subarea B south of Pt. Arena were estimated at 23,819 mt; therefore, 
58,012 mt of the initial allocation to Subarea B of 81,831 remained 
unharvested. Based on this information, a total of 68,009 mt of the 
122,747-mt harvest guideline remained unharvested on September 1, 2004. 
Therefore, according to the requirements of the FMP, as amended, 20 
percent of 68,009 mt (13,602 mt) is allocated to Subarea A, and 80 
percent of 68,009 mt (54,407 mt) is allocated to Subarea B.
    Any portion of 122,747 mt harvest guideline that remains 
unharvested in Subarea A and Subarea B on December 1, 2004, will be 
available for harvest coast-wide until the 122,747-mt harvest guideline 
is reached and the fishery is 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) that delaying the 
effective date of this rule for 30 days is unnecessary.
    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.


[[Page 55361]]


    Dated: September 7, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-20615 Filed 9-8-04; 3:56 pm]
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