[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Pages 31199-31200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090421699-91029-02]
RIN 0648-XO74


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications Modification

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

ACTION: Final rule.

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SUMMARY:  NMFS issues this final rule to adjust the harvest 
specifications for Pacific sardine in the U.S. exclusive economic zone 
(EEZ) off the Pacific coast for the fishing season of January 1, 2009, 
through December 31, 2009. This final rule increases the tonnage of 
Pacific sardine allocated for industry conducted research from 1200 
metric tons (mt) to 2400 mt and decreases the second and third period 
directed harvest allocations by 750 mt and 450 mt, respectively.

DATES:  Effective July 1 through December 31, 2009.

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

SUPPLEMENTARY INFORMATION: On February 20, 2009, NMFS published a final 
rule implementing the harvest guideline (HG) and annual specifications 
for the 2009 Pacific sardine fishing season off the U.S. West Coast (74 
FR 7826) under the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq (Magnuson-Stevens Act). These specifications 
and associated management measures were

[[Page 31200]]

based on recommendations adopted by the Pacific Fishery Management 
Council (Council) at their November 2008 public meeting in San Diego, 
California (73 FR 60680). For the 2009 Pacific sardine fishing season, 
the Council adopted, and NMFS approved, an acceptable biological catch 
(ABC) or maximum HG of 66,932 mt. This ABC/HG was determined according 
to the regulations implementing the Coastal Pelagic Species (CPS) 
Fishery Management Plan (FMP)(50 CFR part 660, subpart I). The Council 
also recommended, and NMFS approved, that 1,200 mt be initially 
subtracted from the ABC and reserved for an industry-conducted research 
project, which is planned but not yet approved. This 1,200 mt set-aside 
was intended to allow research fishing, which is planned for the second 
seasonal period (July 1 - September 15, 2009), to continue if that 
period's allocation is reached and directed fishing is closed. As 
stated in the final rule implementing the 2009 specifications, the use 
of the 1,200 mt would require NMFS to issue an Exempted Fishing Permit 
(EFP) because fishing would occur after the directed fishery is closed.
    At the Council's March 2009 public meeting the Council reviewed two 
industry research/EFP proposals for conducting Pacific sardine biomass 
surveys and moved the two proposals forward for public comment with the 
recommendation that industry combine the proposals to create a single 
EFP application to be reviewed for final adoption at the June 2009 
Council meeting. After hearing the research proposals and public 
comment, the Council then recommended, and NMFS issued a Federal 
Register notice proposing, that the original 1200 mt set-aside be 
increased to 2400 mt (74 FR 20897). To account for the additional 1,200 
mt, the second and third period directed fishery allocations were 
proposed to be reduced by 750 mt and 450 mt respectively. This is 
approximately a proportional reduction in the two allocations. That 
proposed rule is being adopted as a final rule by this notice.
    NMFS will publish a notice in the Federal Register requesting 
comments on the proposed EFP in the near future and a decision on 
whether to issue an EFP for the use of the research set-aside will be 
made near the start of the second seasonal period (July 1, 2009). If 
NMFS determines that an EFP cannot be issued, then the set-aside will 
be re-allocated to the third period's directed harvest allocation.
    NMFS received two comments regarding this action. Both comments 
stated support for the action and expressed the belief that increasing 
the industry research set-aside, as this rule does, would result in 
better science from the proposed survey.

Classification

    The Administrator, Southwest Region, NMFS, determined that this 
final rule is necessary for the conservation and management of the CPS 
fishery and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
     NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30 day 
delay in effective date for this final rule. This action reduces the 
available harvest amounts (quotas) for the second and third allocation 
periods. As explained in this rule, this action could not be taken 
sooner because although the Council developed their original 
recommendations for the 2009 Pacific sardine fishing season at their 
November public meeting, the recommendation to adjust those 
specifications, as set forth in this rule, was made to NMFS after their 
March meeting and was the result of new public testimony received at 
that meeting. Additionally due to the in-season nature of this action 
NMFS wanted to provide a robust comment period on the proposed action 
and this comment period ended on June 5, 2009. The beginning of the 
second allocation period is July 1, 2009, which is less than 30 days 
from the publication date of this final rule. The quota for the second 
allocation period will be taken quickly and likely before 30 days after 
the publication date of this final rule. If the second period quota is 
taken before this rule is effective then when the rule does become 
effective it would cause the second period's allocation quota to be 
exceeded. This overage in the second period would then be assessed 
against the third and final period's quota; which is already the 
smallest quota of the fishing season and a period of intense fishing. 
Maintaining these seasonal harvest levels are important mechanisms in 
preventing overfishing and managing the fishery at optimum yield. 
Therefore NMFS finds it is necessary that this action is made effective 
before 30 days has elapsed to ensure the sardine fishery in the second 
period does not exceed the reduced quota available before this rule 
becomes effective. Providing an earlier effectiveness date facilitates 
both the effective management of the fishery as well as compliance by 
the fishermen. To assist the affected public in preparing for this 
rule, during the proposed rule comment period, NMFS mailed letters to 
all Pacific sardine permit holders. NMFS will also widely publicize 
this final rule through other means available, including fax, email, 
and mail to fishermen, processors, and state fishery management 
agencies. Therefore, NMFS finds good cause to waive the 30-day delay in 
effectiveness in this circumstance.
    This final rule is exempt from Office of Management and Budget 
review under Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

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

    Dated: June 24, 2009.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine 
Fisheries Service.
[FR Doc. E9-15464 Filed 6-29-09; 8:45 am]
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