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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 660

Docket ID: [Docket No. 080326475-8686-02]

RIN ID: RIN 0648-XJ27

NOTICE: RULES

ACTION: Fisheries Off West Coast States:

DOCUMENT ACTION: Temporary rule; closure

SUBJECT CATEGORY: Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure

DATES: Effective August 8, 2008 through September 14, 2008

DOCUMENT SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1 September 14) is projected to be reached. From date of closure until September 15, 2008, Pacific sardine may only be harvested incidental to other fisheries, with incidental harvest constrained by a 20percent by weight incidental catch rate.

SUMMARY: Coastal Pelagic Species Fisheries; Closure,

SUPPLEMENTAL 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 total harvest guideline (HG) and allowable harvest levels for each Pacific sardine fishing season (January 1 December 31). The total HG for the 2008 Pacific sardine fishing season (January 1, 2008 December 31, 2008) is 89,093 mt and is divided into a directed harvest fishery of 80,184 mt and an incidental fishery of 8,909 mt. These directed and incidental harvest ammounts are subdivided throughout the year in the following way: January 1June 30, 26,550 mt is allocated for directed harvest with an incidental setaside of 4,633 mt; July 1September 14, 34,568 mt plus any portion not harvested from the initial allocation is allocated for directed harvest with an incidental setaside of 1,069 mt; September 15December 31, 19,066 mt plus any portion not harvested from earlier allocations is allocated for directed harvest with an incidental setaside of 3,207 mt (73 CFR 30811).

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. The incidental fishery will also be constrained to a 20percent 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 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. If the setaside 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.

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 reopens 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 inseason 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
[[Page 45884]]
pursuant to the authority set forth at 5 U.S.C. Sec. 553(b)(B) for the closure of the July 1September 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. Sec. 553(d)(3) to waive the 30day 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 inseason 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: August 1, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E818198 Filed 8608; 8:45 am]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Joshua Lindsay, Southwest Region, NMFS, (562) 9804034.