[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Rules and Regulations]
[Page 67986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30389]



[[Page 67986]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.0812171612-9134-02]
RIN 0648-XT31


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 the incidental harvest of Pacific sardine 
off the coasts of Washington, Oregon and California. This action is 
necessary because the incidental set aside for the third allocation 
period of the 2009 Pacific sardine season has been reached. From the 
effective date of this rule until January 1, 2010, Pacific sardine can 
only be harvested as part of the live bait fishery.

DATES:  Effective December 23, 2009 through December 31, 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 annual 
HG and allowable seasonal harvest levels for each Pacific sardine 
fishing season (January 1 - December 31). 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. In the 
event that an incidental set-aside is attained all fisheries will be 
closed to the retention of Pacific sardine for the remainder of the 
period.
    On September 23, 2009, NMFS closed the directed harvest of Pacific 
sardine but provided allowance for incidental harvest when sardine was 
caught incidental to other fisheries (74 FR 48421). This document 
announces that based on the best available information recently 
obtained from the fishery the incidental set aside amount for the third 
allocation period, and therefore the total third period allocation of 
14,737 mt (directed HG and incidental set-aside), was reached 
approximately during the week of November 30 to December 4. All 
retention and harvest of Pacific sardine is therefore closed until 
January 1, 2010. From the effective date of this rule until January 1, 
2010, Pacific sardine can only be harvested as part of the CPS live 
bait fishery and can no longer be landed incidental to other CPS 
fisheries.
    Under 50 CFR 660.509 if the total harvest guideline (HG) or 
seasonal 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 announcing the date of 
the closure of fishing for Pacific sardine.
    For further background information on this action please refer to 
the final rule implementing the 2009 HG and management measures (74 FR 
31199, June 30, 2009).

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 2009 Pacific sardine 
fishing season. 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 could cause the fishery to further exceed 
the seasonal harvest level or total HG. The HG is an important 
mechanism in preventing overfishing and managing the fishery at optimum 
yield.

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

    Dated: December 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-30389 Filed 12-21-09; 8:45 am]
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