[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Rules and Regulations]
[Page 54851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18588]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 041130335-5154-02; I.D. 091305E]


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: Temporary rule; 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, 2005, 85,132 metric tons (mt) of the 
136,179-mt harvest guideline are estimated to remain unharvested. The 
Coastal Pelagic 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, 17,026 mt is allocated to Subarea A and 68,106 mt 
is allocated to Subarea B. This action ensures that a sufficient amount 
of the Pacific sardine resource is available to all harvesters on the 
Pacific coast and to achieve optimum yield.

DATES: Effective September 14, 2005, through December 31, 2005.

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

SUPPLEMENTARY INFORMATION: On June 22, 2005, NMFS published notice of a 
harvest guideline of 136,179 mt for Pacific sardine in the Federal 
Register (70 FR 36053) for the fishing season January 1, 2005, through 
December 31, 2005. The harvest guideline was allocated as specified in 
the FMP, that is, one-third (45,393 mt) for Subarea A, which is north 
of 39[deg] 00' 00'' N. lat. (Pt. Arena, CA) to the Canadian border; and 
two-thirds (90,786 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.
    NMFS anticipates slightly higher landings in the Pacific Northwest 
in 2005 than landings for the same period during the 2004 fishing 
season. NMFS anticipates landings by September 1 in Subarea A north of 
Pt. Arena of 30,997 mt; therefore, 14,396 mt of the initial allocation 
to Subarea A of 45,393 mt will remain unharvested. NMFS anticipates 
lower landings in California than landings for the same period in 2004. 
NMFS anticipates landings of 20,050 mt by September 1 in Subarea B 
south of Pt. Arena; therefore, 70,736 mt of the initial allocation to 
Subarea B of 90,786 mt remains unharvested. Based on this information, 
NMFS anticipates that a total of 85,132 mt of the 136,179 mt harvest 
guideline will remain unharvested on September 1, 2005. Therefore, 
according to the requirements of the FMP, as amended, NMFS reallocates 
20 percent of 85,132 mt (17,026 mt) to Subarea A, and reallocates 80 
percent of 85,132 mt (68,106 mt) to Subarea B.
    Any portion of the 136,179 mt harvest guideline that remains 
unharvested in Subarea A and Subarea B on December 1, 2005, will be 
available for harvest coast-wide until the 136,179-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 good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and an opportunity 
for public comment on this action because doing so is impracticable. It 
is impracticable because the information upon which the reallocation is 
based was not available until September 1, 2005, and affording prior 
notice and opportunity for public comment would delay the agency 
reallocating Pacific sardine and thus preclude all harvesters from 
accessing the Pacific sardine resource when it was available for 
harvest.
    For the reasons mentioned above, the AA also finds good cause under 
5 U.S.C. 553(d)(3) to waive the 30 day delay in the effectiveness of 
this action because it relieves a restriction.
    The analytical requirement of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable because prior notice and 
opportunity for public comment are not required for this action by 5 
U.S.C. 553, or any other applicable law.

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

    Dated: September 13, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18588 Filed 9-14-05; 2:07 pm]
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