[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Page 54737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22253]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080326475-8686-02]
RIN 0648-XK61


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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This 
action is necessary because the directed harvest allocation total for 
the third allocation period (September 15 - December 31) is projected 
to be reached. From the date of closure until the new fishing season 
begins on January 1, 2009, Pacific sardine may only be harvested 
incidental to other fisheries, with incidental harvest constrained by a 
20-percent by weight incidental catch rate. Fishing vessels must be in 
the process of offloading at the time of closure.

DATES: Effective 12:01 am Pacific Standard Time September 23, 2008, 
through January 1, 2009.

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 FR 30811, May 29, 2008).
    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 pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) for the closure of the September 15 - 
December 31 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. 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: September 18, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-22253 Filed 9-22-08; 8:45 am]
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