Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 30811-30813 [08-1304]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
Exploitable biomass
estimate (mt)
Adjusted trips (full-time,
part-time, occasional)
Adjusted trips (general
category)
Adjusted 2009 research
set-aside TAC (mt)
10,000–19,000 ...................
Less than 10,000 ...............
1, 0, 0 ................................
0, 0, 0 ................................
982 ....................................
491 ....................................
72.57 .................................
36.29 .................................
30811
Adjusted 2009 observer
set-aside TAC (mt)
36.29.
18.15.
* Part-time vessels may take one trip in the Elephant Trunk Access Area at a reduced possession limit of 3,600 lb (1,633 kg) and one trip in
the NLCA with a possession limit of 18,000 lb (8,165 kg).
** Occasional vessels may take 1 trip in the Nantucket Lightship Access Area or 1 trip in the Elephant Trunk Access Area.
(3) Table of Delmarva Access Area
TAC and trip allocation adjustments
based on exploitable biomass estimates
and revised target TAC levels. The
following table specifies the required
adjustments that shall be made through
the procedure specified in paragraph
(a)(3)(i)(F)(1) of this section under
various biomass estimates and adjusted
2009 target TAC estimates:
Exploitable biomass
estimate (mt)
Adjusted trips (full-time,
part-time, occasional)
Adjusted trips (general
category)
Adjusted 2009 research
set-aside TAC
10,000 or greater ...............
Less than 10,000 ...............
No adjustment ...................
0, 0, 0 ................................
No adjustment ...................
0 ........................................
No adjustment ...................
0 ........................................
*
*
*
*
*
(5) Possession and landing limits—(i)
Scallop possession limits. Unless
authorized by the Regional
Administrator, as specified in
paragraphs (c) and (d) of this section,
after declaring a trip into a Sea Scallop
Access Area, a vessel owner or operator
of a limited access scallop vessel may
fish for, possess, and land, per trip,
scallops, up to the maximum amounts
specified in the table in this paragraph
Adjusted 2009 observer
set-aside TAC
No adjustment.
0.
(a)(5). No vessel declared into an Access
Area as described in § 648.59 may
possess more than 50 bu (17.62 hL) of
in-shell scallops outside of the Access
Area described in § 648.59.
Permit category possession limit
Fishing year
Full-time
2008 ...............................................
2009 ...............................................
1 Unless
Part-time
18,000 lb .......................................
(8,165 kg) .....................................
18,000 lb .......................................
(8,165 kg) .....................................
18,000 lb .......................................
(8,165 kg) .....................................
18,000 lb1 .....................................
(8,165 kg) .....................................
7,500 lb.
(3,402 kg).
7,500 lb.
(3,402 kg).
reduced per § 648.60(a)(3)(i)(E)(2).
*
pwalker on PROD1PC71 with RULES
Occasional
*
*
*
*
(d) Possession limit to defray costs of
observers—(1) Observer set-aside limits
by area—(i) Nantucket Lightship Access
Area. For the 2008 fishing year, the
observer set-asides for the Nantucket
Lightship Access Area is 55,000 lb (25
mt).
(ii) Closed Area II Access Area. For
the 2009 fishing year, the observer setaside for the Closed Area II Access Area
is 58,000 lb (26 mt).
(iii) Elephant Trunk Access Area. For
the 2008 and 2009 fishing years, the
observer set-aside for the Elephant
Trunk Access Area is 222,000 lb (101
mt), and 162,000 lb (73 mt),
respectively, unless the 2009 set-aside is
adjusted as specified in paragraph
(a)(3)(i)(E) of this section.
(iv) Delmarva Access Area. For the
2009 fishing year, the observer set-aside
for the Delmarva Access Area is 60,000
lb (27 mt), unless the 2009 set-aside is
adjusted as specified in paragraph
(a)(3)(i)(E) of this section.
*
*
*
*
*
(e) * * *
(1) Research set-aside limits and
number of trips by area—(i) Nantucket
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
Lightship Access Area. For the 2008
fishing year, the research set-aside for
the Nantucket Lightship Access Area is
110,000 lb (50 mt).
(ii) Closed Area II Access Area. For
the 2009 fishing year, the research setaside for the Closed Area II Access Area
is 116,000 lb (53 mt).
(iii) Elephant Trunk Access Area. For
the 2008 and 2009 fishing years, the
research set-aside for the Elephant
Trunk Access Area is 440,000 lb (200
mt), and 324,000 lb (147 mt),
respectively, unless the 2009 set-aside is
adjusted as specified in paragraph
(a)(3)(i)(E) of this section.
(iv) Delmarva Access Area. For the
2009 fishing year, the research set-aside
for the Delmarva Access Area is 120,000
lb (54 mt), unless the 2009 set-aside is
adjusted as specified in paragraph
(a)(3)(i)(E) of this section.
*
*
*
*
*
I 11. In § 648.62, paragraph (b)(1) is
revised to read as follows:
§ 648.62 Northern Gulf of Maine (NGOM)
scallop management area.
*
*
*
(b) * * *
PO 00000
Frm 00085
*
Fmt 4700
*
Sfmt 4700
(1) NGOM TAC. The TAC for the
NGOM shall be 70,000 lb (31.8 mt) for
both the 2008 and 2009 fishing years.
*
*
*
*
*
[FR Doc. 08–1300 Filed 5–23–08; 12:48 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 080326475–8686–02]
RIN 0648–XG22
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closure of directed
fishing for Pacific sardine
AGENCY:
SUMMARY: NMFS issues this final rule to
implement the annual harvest guideline
E:\FR\FM\29MYR1.SGM
29MYR1
pwalker on PROD1PC71 with RULES
30812
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
(HG) for Pacific sardine in the U.S.
exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of
January 1, 2008, through December 31,
2008. This HG has been determined
according to the regulations
implementing the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP) and establishes allowable harvest
levels for Pacific sardine off the Pacific
coast. NMFS also announces that based
on the best available information
recently obtained from the fishery, the
directed fishing harvest total for the first
allocation period (January 1 – June 30)
has been reached and therefore directed
fishing for Pacific sardine is now closed
until July 1, 2008.
DATES: Effective May 29, 2008 through
December 31, 2008, except for directed
harvest closure effective through June
30, 2008
ADDRESSES: Copies of the report
‘‘Assessment of Pacific Sardine Stock
for U.S. Management in 2008’’ may be
obtained from the Southwest Regional
Office (see the Mailing address above).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
FMP, which is implemented by
regulations at 50 CFR part 660 subpart
I, divides management unit species into
two categories: actively managed and
monitored. Harvest guidelines for
actively managed species (Pacific
sardine and Pacific mackerel) are based
on formulas applied to current biomass
estimates. Biomass estimates are not
calculated for species that are only
monitored (jack mackerel, northern
anchovy, and market squid).
During public meetings each year, the
biomass for each actively managed
species within the CPS FMP is
presented to the Pacific Fishery
Management Council’s (Council) Coastal
Pelagic Species Management Team
(Team) and the Council’s Coastal
Pelagic Species Advisory Subpanel
(Subpanel). At that time, the biomass,
the acceptable biological catch (ABC)
and the status of the fisheries are
reviewed and discussed. This
information is then presented to the
Council along with HG
recommendations and comments from
the Team and Subpanel. Following
review by the Council and after hearing
public comment, the Council makes its
HG recommendation to NMFS.
A full assessment for Pacific sardine
was conducted this management cycle
and reviewed by a Stock Assessment
Review (STAR) Panel in La Jolla,
California, September 18–21, 2007. This
assessment produced an estimated
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
biomass of 832,706 metric tons (mt).
Applying this biomass number to the
harvest control rule in the FMP
produces an ABC for the 2008 fishery of
89,093 (mt).
In November, the Council adopted,
and NMFS then approved, an ABC or
HG of 89,093 mt for the 2008 fishing
year. This ABC is 42 percent less than
the ABC/HG adopted by the Council for
the 2007 fishing season. The Council
also adopted, and NMFS approved, a
set-aside of 8,909 mt (10 percent of the
ABC), establishing a directed harvest
fishery of 80,184 mt and an incidental
fishery of 8,909 mt. The purpose of the
incidental fishery is to allow for
incidental landings of Pacific sardine in
other fisheries and prevent the closure
of such fisheries, particularly other CPS
fisheries, if a seasonal directed fishery
total is reached and directed fishing is
closed. In turn the set-aside also helps
to ensure the fishery does not exceed
the ABC.
The Pacific sardine HG is apportioned
based on the following allocation
scheme established by Amendment 11
(71 FR 36999, June 29,2006) to the CPS
FMP: 35 percent is allocated coastwide
on January 1; 40 percent, plus any
portion not harvested from the initial
allocation is reallocated coastwide on
July 1; and on September 15 the
remaining 25 percent, plus any portion
not harvested from earlier allocations is
released. If the total HG or these
apportionment levels for Pacific sardine
are reached at any time, the Pacific
sardine fishery will be closed via
appropriate rulemaking until it re-opens
either per the allocation scheme or the
beginning of the next fishing season.
The Regional Administrator shall
publish a notice in the Federal Register
the date of the closure of the directed
fishery for Pacific sardine.
The set-aside is based on recent
annual incidental sardine landing rates
in other fisheries during each of the
seasonal allocation periods. The setaside is initially allocated across these
periods in the following way: January 1–
June 30, 26,550 mt is allocated for
directed harvest with an incidental setaside of 4,633 mt; July 1–September 14,
34,568 mt is allocated for directed
harvest with an incidental set-aside of
1,069 mt; September 15–December 31,
19,066 mt is allocated for directed
harvest with an incidental set-aside of
3,207 mt.
If during any of the seasonal
allocation periods the applicable
adjusted directed harvest allocation is
projected to be taken, only incidental
harvest will be allowed and, for the
remainder of the period, any incidental
Pacific sardine landings will be counted
PO 00000
Frm 00086
Fmt 4700
Sfmt 4700
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. The above in-season
harvest restrictions are not intended to
affect the prosecution the live bait
portion of the Pacific sardine fishery.
For further background information
on this action please refer to the
preamble of the proposed rule (73 FR
20015).
Comments and Responses
NMFS received one comment
regarding the Pacific sardine annual
specifications.
Comment 1: The commenter stated
that they believed that the catch
specifications for CPS do not adequately
take into account broader ecosystem
needs and information such as foraging
requirements of other species that may
feed on Pacific sardine.
Response: NMFS agrees that Pacific
sardine is an important prey component
of the California Current ecosystem and
as such the current harvest control rule
formula used to determine the harvest
guideline for Pacific sardine takes into
account ecosystem as well as physical
environmental factors. This is achieved
by means of a formula that, after overall
biomass is determined, takes into
account the viability of the sardine stock
and its value as forage when
determining the guideline number. This
is accomplished by a harvest rate or
harvest ‘‘fraction’’ that is adjusted
between 5 percent and 15 percent based
on current ocean temperatures. Because
past shifts in sardine productivity are
linked with warm or cold ocean regimes
a higher fraction is allotted for harvest
when ocean temperatures are warmer
and sardine production is greater, while
the lower fraction is used when ocean
temperatures are cooler and sardine
production is decreased. In addition, a
150,000 mt stock biomass threshold, or
‘‘cutoff’’, is established below which no
harvest is allowed in order to ensure a
minimum spawning biomass is
protected. Each year this ‘‘cutoff’’
number of 150,000 mt is subtracted from
the overall biomass number before the
E:\FR\FM\29MYR1.SGM
29MYR1
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
harvestable biomass is calculated to take
into account the importance of Pacific
sardine as forage.
pwalker on PROD1PC71 with RULES
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 MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
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
January 1- June 30 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 both the
establishment of the harvest guideline
and closure of the January 1 June 30
directed harvest. These measures
respond to the best available
information and are necessary for the
conservation and management of the
Pacific sardine resource. The most
recent data from the fishery, received by
NMFS on May 11, 2008, shows that
projected landings, along with some
previously reported landings, are
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
significantly greater than anticipated.
Based on this data, NMFS believes that
the directed harvest allocation for the
period January 1 through June 30 will be
attained much sooner than predicted
and prior to publication of this
rulemaking. A delay in effectiveness
would cause the fishery to further
exceed the in-season directed 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. To help keep
the regulated community advised of the
progression of sardine landings, the
California Department of Fish and Game
provided a detailed accounting of
landings-to-date to the CPS Advisory
Subpanel in late April. The Subpanel is
comprised of representatives from all
sectors and regions of the sardine
industry, including processors,
fishermen, user groups and fishermen
association representatives. As landing
totals have become available, they are
also posted on NMFS’ Southwest
Regional Office website, https://
PO 00000
Frm 00087
Fmt 4700
Sfmt 4700
30813
swr.nmfs.noaa.gov/. NMFS will also
announce this closure through other
means available, including fax, email,
and mail to fishermen, processors, and
state agencies. Therefore, NMFS finds
that there is 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 Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel 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 (73 FR 20015) and is not
repeated here. No comments were
received regarding this certification or
the economic impact of the proposed
rule. As a result, a regulatory flexibility
analysis was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 08–1304 Filed 5–23–08; 3:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30811-30813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 080326475-8686-02]
RIN 0648-XG22
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closure of directed fishing for Pacific sardine
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual harvest
guideline
[[Page 30812]]
(HG) for Pacific sardine in the U.S. exclusive economic zone (EEZ) off
the Pacific coast for the fishing season of January 1, 2008, through
December 31, 2008. This HG has been determined according to the
regulations implementing the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP) and establishes allowable harvest levels for
Pacific sardine off the Pacific coast. NMFS also announces that based
on the best available information recently obtained from the fishery,
the directed fishing harvest total for the first allocation period
(January 1 - June 30) has been reached and therefore directed fishing
for Pacific sardine is now closed until July 1, 2008.
DATES: Effective May 29, 2008 through December 31, 2008, except for
directed harvest closure effective through June 30, 2008
ADDRESSES: Copies of the report ``Assessment of Pacific Sardine Stock
for U.S. Management in 2008'' may be obtained from the Southwest
Regional Office (see the Mailing address above).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS FMP, which is implemented by
regulations at 50 CFR part 660 subpart I, divides management unit
species into two categories: actively managed and monitored. Harvest
guidelines for actively managed species (Pacific sardine and Pacific
mackerel) are based on formulas applied to current biomass estimates.
Biomass estimates are not calculated for species that are only
monitored (jack mackerel, northern anchovy, and market squid).
During public meetings each year, the biomass for each actively
managed species within the CPS FMP is presented to the Pacific Fishery
Management Council's (Council) Coastal Pelagic Species Management Team
(Team) and the Council's Coastal Pelagic Species Advisory Subpanel
(Subpanel). At that time, the biomass, the acceptable biological catch
(ABC) and the status of the fisheries are reviewed and discussed. This
information is then presented to the Council along with HG
recommendations and comments from the Team and Subpanel. Following
review by the Council and after hearing public comment, the Council
makes its HG recommendation to NMFS.
A full assessment for Pacific sardine was conducted this management
cycle and reviewed by a Stock Assessment Review (STAR) Panel in La
Jolla, California, September 18-21, 2007. This assessment produced an
estimated biomass of 832,706 metric tons (mt). Applying this biomass
number to the harvest control rule in the FMP produces an ABC for the
2008 fishery of 89,093 (mt).
In November, the Council adopted, and NMFS then approved, an ABC or
HG of 89,093 mt for the 2008 fishing year. This ABC is 42 percent less
than the ABC/HG adopted by the Council for the 2007 fishing season. The
Council also adopted, and NMFS approved, a set-aside of 8,909 mt (10
percent of the ABC), establishing a directed harvest fishery of 80,184
mt and an incidental fishery of 8,909 mt. The purpose of the incidental
fishery is to allow for incidental landings of Pacific sardine in other
fisheries and prevent the closure of such fisheries, particularly other
CPS fisheries, if a seasonal directed fishery total is reached and
directed fishing is closed. In turn the set-aside also helps to ensure
the fishery does not exceed the ABC.
The Pacific sardine HG is apportioned based on the following
allocation scheme established by Amendment 11 (71 FR 36999, June
29,2006) to the CPS FMP: 35 percent is allocated coastwide on January
1; 40 percent, plus any portion not harvested from the initial
allocation is reallocated coastwide on July 1; and on September 15 the
remaining 25 percent, plus any portion not harvested from earlier
allocations is released. If the total HG or these apportionment levels
for Pacific sardine are reached at any time, the Pacific sardine
fishery will be closed via appropriate rulemaking until it re-opens
either per the allocation scheme or the beginning of the next fishing
season. The Regional Administrator shall publish a notice in the
Federal Register the date of the closure of the directed fishery for
Pacific sardine.
The set-aside is based on recent annual incidental sardine landing
rates in other fisheries during each of the seasonal allocation
periods. The set-aside is initially allocated across these periods 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 is allocated for directed harvest with an
incidental set-aside of 1,069 mt; September 15-December 31, 19,066 mt
is allocated for directed harvest with an incidental set-aside of 3,207
mt.
If during any of the seasonal allocation periods the applicable
adjusted directed harvest allocation is projected to be taken, only
incidental harvest will be 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. The above in-
season harvest restrictions are not intended to affect the prosecution
the live bait portion of the Pacific sardine fishery.
For further background information on this action please refer to
the preamble of the proposed rule (73 FR 20015).
Comments and Responses
NMFS received one comment regarding the Pacific sardine annual
specifications.
Comment 1: The commenter stated that they believed that the catch
specifications for CPS do not adequately take into account broader
ecosystem needs and information such as foraging requirements of other
species that may feed on Pacific sardine.
Response: NMFS agrees that Pacific sardine is an important prey
component of the California Current ecosystem and as such the current
harvest control rule formula used to determine the harvest guideline
for Pacific sardine takes into account ecosystem as well as physical
environmental factors. This is achieved by means of a formula that,
after overall biomass is determined, takes into account the viability
of the sardine stock and its value as forage when determining the
guideline number. This is accomplished by a harvest rate or harvest
``fraction'' that is adjusted between 5 percent and 15 percent based on
current ocean temperatures. Because past shifts in sardine productivity
are linked with warm or cold ocean regimes a higher fraction is
allotted for harvest when ocean temperatures are warmer and sardine
production is greater, while the lower fraction is used when ocean
temperatures are cooler and sardine production is decreased. In
addition, a 150,000 mt stock biomass threshold, or ``cutoff'', is
established below which no harvest is allowed in order to ensure a
minimum spawning biomass is protected. Each year this ``cutoff'' number
of 150,000 mt is subtracted from the overall biomass number before the
[[Page 30813]]
harvestable biomass is calculated to take into account the importance
of Pacific sardine as forage.
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 to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. Sec. 553(b)(B) for the closure of the January 1-
June 30 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 both the establishment of the harvest guideline and
closure of the January 1 June 30 directed harvest. These measures
respond to the best available information and are necessary for the
conservation and management of the Pacific sardine resource. The most
recent data from the fishery, received by NMFS on May 11, 2008, shows
that projected landings, along with some previously reported landings,
are significantly greater than anticipated. Based on this data, NMFS
believes that the directed harvest allocation for the period January 1
through June 30 will be attained much sooner than predicted and prior
to publication of this rulemaking. A delay in effectiveness would cause
the fishery to further exceed the in-season directed 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. To help keep the regulated community advised
of the progression of sardine landings, the California Department of
Fish and Game provided a detailed accounting of landings-to-date to the
CPS Advisory Subpanel in late April. The Subpanel is comprised of
representatives from all sectors and regions of the sardine industry,
including processors, fishermen, user groups and fishermen association
representatives. As landing totals have become available, they are also
posted on NMFS' Southwest Regional Office website, https://
swr.nmfs.noaa.gov/. NMFS will also announce this closure through other
means available, including fax, email, and mail to fishermen,
processors, and state agencies. Therefore, NMFS finds that there is
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 Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel 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 (73 FR 20015) and is not repeated here. No comments were
received regarding this certification or the economic impact of the
proposed rule. As a result, a regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 08-1304 Filed 5-23-08; 3:15 pm]
BILLING CODE 3510-22-S
