[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45883-45884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18198]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080326475-8686-02]
RIN 0648-XJ27


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Closure

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

ACTION: Temporary rule; closure

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

SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This 
action is necessary because the directed harvest allocation total for 
the second seasonal period (July 1 - September 14) is projected to be 
reached. From date of closure until September 15, 2008, Pacific sardine 
may only be harvested incidental to other fisheries, with incidental 
harvest constrained by a 20-percent by weight incidental catch rate.

DATES: Effective August 8, 2008 through September 14, 2008

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in 
the U.S. exclusive economic zone (EEZ) off the Pacific coast 
(California, Oregon, and Washington) in accordance with the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP). Annual 
specifications published in the Federal Register establish the total 
harvest guideline (HG) and allowable harvest levels for each Pacific 
sardine fishing season (January 1 - December 31). The total HG for the 
2008 Pacific sardine fishing season (January 1, 2008 - December 31, 
2008) is 89,093 mt and is divided into a directed harvest fishery of 
80,184 mt and an incidental fishery of 8,909 mt. These directed and 
incidental harvest ammounts are subdivided throughout the year in the 
following way: January 1-June 30, 26,550 mt is allocated for directed 
harvest with an incidental set-aside of 4,633 mt; July 1-September 14, 
34,568 mt plus any portion not harvested from the initial allocation is 
allocated for directed harvest with an incidental set-aside of 1,069 
mt; September 15-December 31, 19,066 mt plus any portion not harvested 
from earlier allocations is allocated for directed harvest with an 
incidental set-aside of 3,207 mt (73 CFR 30811).
    If during any of the seasonal allocation periods the applicable 
adjusted directed harvest allocation is projected to be taken, only 
incidental harvest is allowed and, for the remainder of the period, any 
incidental Pacific sardine landings will be counted against that 
period's incidental set aside. The incidental fishery will also be 
constrained to a 20-percent by weight incidental catch rate when 
Pacific sardine are landed with other CPS to minimize targeting of 
Pacific sardine and to maximize landings of harvestable stocks. In the 
event that an incidental set-aside is projected to be attained, all 
fisheries will be closed to the retention of Pacific sardine for the 
remainder of the period via appropriate rulemaking. If the set-aside is 
not fully attained or is exceeded in a given seasonal period, the 
directed harvest allocation in the following seasonal period will be 
automatically adjusted to account for the discrepancy.
    Under 50 CFR 660.509 if the total HG or these apportionment levels 
for Pacific sardine are reached at any time, NMFS is required to close 
the Pacific sardine fishery via appropriate rulemaking and it is to 
remain closed until it re-opens either per the allocation scheme or the 
beginning of the next fishing season. In accordance with Sec.  660.509 
the Regional Administrator shall publish a notice in the Federal 
Register the date of the closure of the directed fishery for Pacific 
sardine.
    The above in-season harvest restrictions are not intended to affect 
the prosecution the live bait portion of the Pacific sardine fishery.

Classification

    This action is required by 50 CFR 660.509 and is exempt from Office 
of Management and Budget review under Executive Order 12866.
    NMFS finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment

[[Page 45884]]

pursuant to the authority set forth at 5 U.S.C. Sec.  553(b)(B) for the 
closure of the July 1-September 14 directed harvest of Pacific sardine. 
For the reasons set forth below, notice and comment procedures are 
impracticable and contrary to the public interest. For the same 
reasons, NMFS also finds good cause under 5 U.S.C. Sec.  553(d)(3) to 
waive the 30-day delay in effectiveness for this action. This measure 
responds to the best available information and is necessary for the 
conservation and management of the Pacific sardine resource. A delay in 
effectiveness would cause the fishery to exceed the in-season harvest 
level. These seasonal harvest levels are important mechanisms in 
preventing overfishing and managing the fishery at optimum yield. The 
established directed and incidental harvest allocations are designed to 
allow fair and equitable opportunity to the resource by all sectors of 
the Pacific sardine fishery and to allow access to other profitable CPS 
fisheries, such as squid and Pacific mackerel.
    Many of the same fishermen who harvest Pacific sardine rely on 
these other fisheries for a significant portion of their income.

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

    Dated: August 1, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-18198 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-22-S