[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Rules and Regulations]
[Page 61373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-20]
[[Page 61373]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0330612150-3214-02; 102003A]
Fisheries off West Coast States and in the Western Pacific;
Coastal Pelagic Species Fisheries; Closure of the Fishery for Pacific
Sardine North of Pt. Arena, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure of the fishery for Pacific sardine north of Pt. Arena,
California.
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SUMMARY: NMFS announces the closure of the fishery for Pacific sardine
in the exclusive economic zone off the Pacific Coast north of Pt.
Arena, California (39[deg] 00' N. lat.) at 12:01 a.m. local time (l.t.)
on October 17, 2003. The purpose of this action is to comply with the
allocation procedures mandated by the Coastal Pelagic Species Fishery
Management Plan (FMP).
DATES: Effective 12:01 a.m. l.t., October 24, 2003 through December 31,
2003.
ADDRESSES: The data that was used as the basis for this action is
available for public inspection at the Office of the Acting Regional
Administrator, Rodney R. McInnis, Southwest Region, NMFS, 501 W. Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Svein Fougner, Southwest Region, NMFS,
(562) 980-4040.
SUPPLEMENTARY INFORMATION: On September 9,2003 (68 FR 53053), NMFS
announced the reallocation of the remaining Pacific sardine harvest
guideline in the exclusive economic zone off the Pacific Coast. An
estimated 59,508 metric tons (mt) of the 110,908 mt harvest guideline
was expected to remain unharvested on September 1, 2003. In accordance
with the allocation procedures contained in the FMP, 80 percent of the
59,508 mt was allocated to Subarea B south of Pt. Arena, CA (47,606 mt)
and 20 percent was allocated to Subarea A north of Pt. Arena, CA
(11,902 mt). The allocation to Subarea A of 11,902 mt was reached on
October 17, 2003. According to the allocation procedures in the FMP,
the fishery may reopen on December 1, 2003, if any portion of the
Subarea B allocation is unharvested at that time.
For the reasons stated here and in accordance with the FMP and its
implementing regulations at 50 CFR 660.508, the fishery for Pacific
sardine north of Pt. Arena, CA was closed at 12:01 a.m. October 17,
2003. If any of the sardine allocation to Subarea B south of Pt. Arena
remains unharvested on December 1, 2003, it will be available to all
fisheries off the Pacific Coast until the end of the fishing season on
December 31, 2003.
Classification
The Assistant Administrator for Fisheries (AA), NMFS finds good
cause to waive the requirement to provide prior notice and opportunity
for comment on this action under 5 U.S.C. 553(b)(B), because providing
prior notice and opportunity would be impracticable. It would be
impracticable because this closure is necessary to comply with the
allocation procedures mandated by the FMP and its implementing
regulations. For these reasons, the AA finds that good cause exists to
waive the 30-day delay in effectiveness requirement of 5 U.S.C.
553(d)(3).
This action is required by 50 CFR 660.509 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 23, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-27174 Filed 10-23-03; 3:49 pm]
BILLING CODE 3510-22-S