Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure, 34700 [E9-17186]
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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: June 29, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E9–17108 Filed 7–16–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0812171612–9134–02]
RIN 0648–XQ35
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Closure
pwalker on DSK8KYBLC1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for Pacific sardine off the coast
of Washington, Oregon and California.
This action is necessary because the
directed harvest allocation total for the
second seasonal period (July 1–
September 14) is projected to be reached
by the effective date of the rule. From
the effective date of this rule until
September 15, 2009, Pacific sardine can
only be harvested as part of the live bait
fishery or incidental to other fisheries;
the incidental harvest of Pacific sardine
is limited to 20–percent by weight of all
fish per trip. Fishing vessels must be at
shore and in the process of offloading at
12:01 am Pacific Daylight Time on date
of closure.
DATES: Effective 12:01 am Pacific
Daylight Time (PDT) July 18, 2009,
through September 14, 2009.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: This
notice announces that based on the best
available information recently obtained
from the fishery, the directed fishing
harvest allocation for the second
allocation period (July 1–September 14)
will be reached and therefore directed
fishing for Pacific sardine is now closed
until September 15, 2009. Fishing
vessels must be at shore and in the
process of offloading at the time of
closure. From 12:01 am on the date of
VerDate Nov<24>2008
16:22 Jul 16, 2009
Jkt 217001
closure until September 15, 2009,
Pacific sardine may be harvested only
incidental to other fisheries, with the
incidental harvest of Pacific sardine
limited to 20-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
harvest guideline (HG) and allowable
harvest levels for each Pacific sardine
fishing season (January 1–December 31).
The acceptable biological catch (ABC) or
maximum HG for the 2009 Pacific
sardine fishing season (January 1, 2009–
December 31, 2009) is 66,932 mt and
was divided into a directed harvest
fishery of 58,032 mt, an incidental
fishery of 6,500 mt and an exempted
fishing permit set-aside of 2,400 mt. The
directed and incidental harvest amounts
were subdivided throughout the year in
the following way: January 1–June 30,
22,006 mt was allocated for directed
harvest with an incidental set-aside of
1,000 mt; July 1–September 14, 24,543
mt plus any portion not harvested from
the initial allocation was allocated for
directed harvest with an incidental setaside of 1,000 mt; September 15–
December 31, 11,483 mt plus any
portion not harvested from earlier
allocations was allocated for directed
harvest with an incidental set-aside of
4,500 mt. See, 74 FR 7826 (February
20,2009) as adjusted by 74 FR 31199
(June 30, 2009).
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 setaside 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 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 § 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.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
July 1–September 14 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: July 15, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–17186 Filed 7–15–09; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\17JYR1.SGM
17JYR1
Agencies
[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Page 34700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17186]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0812171612-9134-02]
RIN 0648-XQ35
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine off
the coast of Washington, Oregon and California. This action is
necessary because the directed harvest allocation total for the second
seasonal period (July 1-September 14) is projected to be reached by the
effective date of the rule. From the effective date of this rule until
September 15, 2009, Pacific sardine can only be harvested as part of
the live bait fishery or incidental to other fisheries; the incidental
harvest of Pacific sardine is limited to 20-percent by weight of all
fish per trip. Fishing vessels must be at shore and in the process of
offloading at 12:01 am Pacific Daylight Time on date of closure.
DATES: Effective 12:01 am Pacific Daylight Time (PDT) July 18, 2009,
through September 14, 2009.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: This notice announces that based on the best
available information recently obtained from the fishery, the directed
fishing harvest allocation for the second allocation period (July 1-
September 14) will be reached and therefore directed fishing for
Pacific sardine is now closed until September 15, 2009. Fishing vessels
must be at shore and in the process of offloading at the time of
closure. From 12:01 am on the date of closure until September 15, 2009,
Pacific sardine may be harvested only incidental to other fisheries,
with the incidental harvest of Pacific sardine limited to 20-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 harvest guideline (HG) and allowable
harvest levels for each Pacific sardine fishing season (January 1-
December 31). The acceptable biological catch (ABC) or maximum HG for
the 2009 Pacific sardine fishing season (January 1, 2009-December 31,
2009) is 66,932 mt and was divided into a directed harvest fishery of
58,032 mt, an incidental fishery of 6,500 mt and an exempted fishing
permit set-aside of 2,400 mt. The directed and incidental harvest
amounts were subdivided throughout the year in the following way:
January 1-June 30, 22,006 mt was allocated for directed harvest with an
incidental set-aside of 1,000 mt; July 1-September 14, 24,543 mt plus
any portion not harvested from the initial allocation was allocated for
directed harvest with an incidental set-aside of 1,000 mt; September
15-December 31, 11,483 mt plus any portion not harvested from earlier
allocations was allocated for directed harvest with an incidental set-
aside of 4,500 mt. See, 74 FR 7826 (February 20,2009) as adjusted by 74
FR 31199 (June 30, 2009).
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 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 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 July 1-September 14
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: July 15, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-17186 Filed 7-15-09; 4:15 pm]
BILLING CODE 3510-22-S