[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Page 22926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09562]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140417346-4575-02]
RIN 0648-XD916


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: Through this action NMFS is prohibiting directed fishing for 
Pacific sardine off the coasts of Washington, Oregon and California. 
This action is necessary because the adjusted non-tribal directed 
harvest allocation of approximately 5084 metric tons (mt) for the third 
harvest allocation period from January 1, 2015, through June 30, 2015, 
is projected to be reached by the date of closure. From the effective 
date of this rule through June 30, 2015, Pacific sardine may be 
harvested only as part of either the live bait or tribal fishery or 
incidental to other fisheries; the incidental harvest of Pacific 
sardine is limited to 45-percent by weight of all fish per trip. 
Fishing vessels must cease fishing (be at shore and in the process of 
offloading) at or before the effective date of this closure.

DATES: Effective 12:01 a.m. Pacific Daylight Time (PDT) April 28, 2015, 
through 11:59 p.m., June 30, 2015.

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

SUPPLEMENTARY INFORMATION: This document announces that--based on the 
best available information recently obtained on the status of the 
fishery and information on past fishing effort--the adjusted non-tribal 
directed fishing harvest allocation for the third harvest allocation 
period from January 1, through June 30, 2015, of 5,084 mt will be 
reached and therefore directed fishing for Pacific sardine is being 
closed per the final rule establishing the 2014-2015 Pacific sardine 
fishing season (July 25, 2014, 79 FR 43269). In accordance with that 
rule, the initial directed harvest allocation for the third period of 
6,252 mt was adjusted to 5,084 mt to account for excess harvest in the 
second harvest allocation period. Fishing vessels must cease fishing 
(be at shore and in the process of offloading) at or before the 
effective date of this closure. From the effectiveness of this closure, 
through June 30, 2015, Pacific sardine may be harvested only as part of 
either the live bait or tribal fishery or incidental to other 
fisheries, with the incidental harvest of Pacific sardine limited to 
45-percent by weight of all fish caught during a trip.
    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 allowable harvest levels (i.e. annual 
catch limit (ACL)/harvest guideline (HG)) for each Pacific sardine 
fishing season. If during any of the seasonal allocation periods the 
applicable directed harvest allocation is projected to be taken, and 
the fishery is closed, only incidental harvest is allowed. 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 projected to be attained, all fisheries 
will be closed to the retention of Pacific sardine for the remainder of 
the period via appropriate rulemaking.
    Under 50 CFR 660.509, if the total allocation or any specific 
apportionment levels for Pacific sardine are reached at any time, NMFS 
is required to close the Pacific sardine fishery via appropriate 
rulemaking and the fishery remains 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 
the directed fishery for Pacific sardine.
    The above in-season harvest restrictions are not intended to affect 
the prosecution of the live bait or tribal portions 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 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 allocation 
for the directed fishery during the 2014-2015 fishing season, which is 
an important mechanism to prevent fishing in excess of the 2014-2105 
annual catch limit. 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: April 21, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-09562 Filed 4-23-15; 8:45 am]
 BILLING CODE 3510-22-P