80_FR_23005 80 FR 22926 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure

80 FR 22926 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 79 (April 24, 2015)

Page Range22926-22926
FR Document2015-09562

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.

Federal Register, Volume 80 Issue 79 (Friday, April 24, 2015)
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Page 22926]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                            22926                Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations

                                            PART 73—RADIO BROADCAST                                 SUPPLEMENTARY INFORMATION:        This                with § 660.509, the Regional
                                            SERVICES                                                document announces that—based on the                  Administrator shall publish a notice in
                                                                                                    best available information recently                   the Federal Register announcing the
                                            ■ 1. The authority citation for part 73                 obtained on the status of the fishery and             date of the closure of the directed
                                            continues to read as follows:                           information on past fishing effort—the                fishery for Pacific sardine.
                                              Authority: 47 U.S.C. 154, 303, 334, 336,              adjusted non-tribal directed fishing
                                                                                                                                                             The above in-season harvest
                                            and 339.                                                harvest allocation for the third harvest
                                                                                                    allocation period from January 1,                     restrictions are not intended to affect the
                                            § 73.202   [Amended]                                    through June 30, 2015, of 5,084 mt will               prosecution of the live bait or tribal
                                                                                                    be reached and therefore directed                     portions of the Pacific sardine fishery.
                                            ■2. Section 73.202(b), the Table of FM
                                            Allotments under New York, is                           fishing for Pacific sardine is being                  Classification
                                            amended by adding Sagaponack,                           closed per the final rule establishing the
                                            Channel 233A.                                           2014–2015 Pacific sardine fishing                        This action is required by 50 CFR
                                                                                                    season (July 25, 2014, 79 FR 43269). In               660.509 and is exempt from Office of
                                            [FR Doc. 2015–09568 Filed 4–23–15; 8:45 am]
                                                                                                    accordance with that rule, the initial                Management and Budget review under
                                            BILLING CODE 6712–01–P
                                                                                                    directed harvest allocation for the third             Executive Order 12866.
                                                                                                    period of 6,252 mt was adjusted to 5,084
                                                                                                                                                             NMFS finds good cause to waive the
                                                                                                    mt to account for excess harvest in the
                                            DEPARTMENT OF COMMERCE                                  second harvest allocation period.                     requirement to provide prior notice and
                                                                                                    Fishing vessels must cease fishing (be at             opportunity for public comment
                                            National Oceanic and Atmospheric                        shore and in the process of offloading)               pursuant to the authority set forth at 5
                                            Administration                                          at or before the effective date of this               U.S.C. 553(b)(B) for the closure of the
                                                                                                    closure. From the effectiveness of this               directed harvest of Pacific sardine. For
                                            50 CFR Part 660                                         closure, through June 30, 2015, Pacific               the reasons set forth below, notice and
                                            [Docket No. 140417346–4575–02]                          sardine may be harvested only as part of              comment procedures are impracticable
                                                                                                    either the live bait or tribal fishery or             and contrary to the public interest. For
                                            RIN 0648–XD916
                                                                                                    incidental to other fisheries, with the               the same reasons, NMFS also finds good
                                            Fisheries Off West Coast States;                        incidental harvest of Pacific sardine                 cause under 5 U.S.C. 553(d)(3) to waive
                                            Coastal Pelagic Species Fisheries;                      limited to 45-percent by weight of all                the 30-day delay in effectiveness for this
                                            Closure                                                 fish caught during a trip.                            action. This measure responds to the
                                                                                                       NMFS manages the Pacific sardine                   best available information and is
                                            AGENCY:  National Marine Fisheries                      fishery in the U.S. exclusive economic                necessary for the conservation and
                                            Service (NMFS), National Oceanic and                    zone (EEZ) off the Pacific coast                      management of the Pacific sardine
                                            Atmospheric Administration (NOAA),                      (California, Oregon, and Washington) in               resource. A delay in effectiveness would
                                            Commerce.                                               accordance with the Coastal Pelagic                   cause the fishery to exceed the
                                            ACTION: Temporary rule; closure.                        Species (CPS) Fishery Management Plan
                                                                                                                                                          allocation for the directed fishery during
                                                                                                    (FMP). Annual specifications published
                                            SUMMARY:    Through this action NMFS is                                                                       the 2014–2015 fishing season, which is
                                                                                                    in the Federal Register establish the
                                            prohibiting directed fishing for Pacific                allowable harvest levels (i.e. annual                 an important mechanism to prevent
                                            sardine off the coasts of Washington,                   catch limit (ACL)/harvest guideline                   fishing in excess of the 2014–2105
                                            Oregon and California. This action is                   (HG)) for each Pacific sardine fishing                annual catch limit. These seasonal
                                            necessary because the adjusted non-                     season. If during any of the seasonal                 harvest levels are important
                                            tribal directed harvest allocation of                   allocation periods the applicable                     mechanisms in preventing overfishing
                                            approximately 5084 metric tons (mt) for                 directed harvest allocation is projected              and managing the fishery at optimum
                                            the third harvest allocation period from                to be taken, and the fishery is closed,               yield. The established directed and
                                            January 1, 2015, through June 30, 2015,                 only incidental harvest is allowed. For               incidental harvest allocations are
                                            is projected to be reached by the date of               the remainder of the period, any                      designed to allow fair and equitable
                                            closure. From the effective date of this                incidental Pacific sardine landings will              opportunity to the resource by all
                                            rule through June 30, 2015, Pacific                     be counted against that period’s                      sectors of the Pacific sardine fishery and
                                            sardine may be harvested only as part of                incidental set aside. In the event that an            to allow access to other profitable CPS
                                            either the live bait or tribal fishery or               incidental set-aside is projected to be
                                            incidental to other fisheries; the                                                                            fisheries, such as squid and Pacific
                                                                                                    attained, all fisheries will be closed to             mackerel. Many of the same fishermen
                                            incidental harvest of Pacific sardine is                the retention of Pacific sardine for the
                                            limited to 45-percent by weight of all                                                                        who harvest Pacific sardine rely on
                                                                                                    remainder of the period via appropriate               these other fisheries for a significant
                                            fish per trip. Fishing vessels must cease               rulemaking.
                                            fishing (be at shore and in the process                                                                       portion of their income.
                                                                                                       Under 50 CFR 660.509, if the total
                                            of offloading) at or before the effective               allocation or any specific apportionment                 Authority: 16 U.S.C. 1801 et seq.
                                            date of this closure.                                   levels for Pacific sardine are reached at               Dated: April 21, 2015.
                                            DATES: Effective 12:01 a.m. Pacific                     any time, NMFS is required to close the               Emily H. Menashes,
                                            Daylight Time (PDT) April 28, 2015,                     Pacific sardine fishery via appropriate
                                            through 11:59 p.m., June 30, 2015.                      rulemaking and the fishery remains                    Acting Director, Office of Sustainable
                                                                                                                                                          Fisheries, National Marine Fisheries Service.
                                            FOR FURTHER INFORMATION CONTACT:                        closed until it re-opens either per the
                                            Joshua Lindsay, West Coast Region,                      allocation scheme or the beginning of                 [FR Doc. 2015–09562 Filed 4–23–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with RULES




                                            NMFS, (562) 980–4034.                                   the next fishing season. In accordance                BILLING CODE 3510–22–P




                                       VerDate Sep<11>2014   15:47 Apr 23, 2015   Jkt 235001   PO 00000   Frm 00054   Fmt 4700   Sfmt 9990   E:\FR\FM\24APR1.SGM   24APR1



Document Created: 2015-12-16 08:42:42
Document Modified: 2015-12-16 08:42:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 12:01 a.m. Pacific Daylight Time (PDT) April 28, 2015, through 11:59 p.m., June 30, 2015.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034.
FR Citation80 FR 22926 
RIN Number0648-XD91

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