Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10189 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Pennsylvania, is amended by 

adding DTV channel 50 and removing 

DTV channel 49 at Scranton. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–5059 Filed 3–9–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 071003556–81194–02] 

RIN 0648–AW08 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Amendment 15 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 15 to the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP) which was approved by 

NMFS on June 18, 2008. Amendment 15 

revised the FMP to include provisions 

for a vessel license limitation program 

for the non-tribal sectors of the Pacific 

whiting fishery. Amendment 15 is 

intended to serve as an interim measure 

to limit potential participation in the 

Pacific whiting fishery within the U.S. 

West Coast Exclusive Economic Zone 

until implementation of a trawl 

rationalization program under 

Amendment 20 to the Groundfish FMP. 

DATES: Effective April 9, 2009. 

ADDRESSES: Amendment 15 is available 

on the Pacific Fishery Management 

Council’s (Council’s or Pacific 

Council’s) website at: http:// 

www.pcouncil.org/groundfish/ 

gffmp.html. 

Written comments regarding the 

burden hour estimates or other aspects 

of the collection of information 

requirements contained in this final rule 

may be submitted to Barry A. Thom, 

Acting Regional Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, Seattle, WA 98115 0070, 

or by e-mail to 

DavidRostker@omb.eop.gov, or by fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko, phone: 206–526–6110, 

fax: 206–526–6736, or e-mail: 

becky.renko@noaa.gov, or for permitting 

information, Kevin Ford, phone: 206– 

526–6115, fax: 206–526–6736, or e-mail: 

kevin.ford@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.access.gpo.gov/su_docs/aces/ 

aces140.html. Background information 

and documents are available at the 

NMFS Northwest Region Web site at 

http://www.nwr.noaa.gov/GroundfishHalibut/Groundfish-FisheryManagement/index.cfm. 

Background 

Amendment 15 to the FMP created a 

vessel license limitation program for the 

three non-tribal sectors of the Pacific 

whiting fishery off the U.S. West Coast. 

Under current Federal regulations, 

catcher vessels in the Pacific whiting 

shoreside fishery, catcher vessels in the 

mothership fishery, and catcher/ 

processor vessels, must be registered to 

a groundfish limited entry permit that 

has a trawl gear endorsement. 

Mothership vessels are not required to 

be registered to a groundfish limited 

entry permit because the process only 

and do not harvest. The limited entry 

program has been in place since 1994 

and allows appropriately registered 

vessels to participate in groundfish 

fisheries targeting any of the 90+ species 

managed under the Pacific Coast 

Groundfish FMP. This action 

implements Amendment 15 to the FMP 

by establishing regulations that require 

vessels to qualify for a Pacific whiting 

vessel license limitation program to 

harvest and/or process in the non-tribal 

Pacific whiting fishery. This is in 

addition to the requirement for 

harvesting vessels to be registered to a 

groundfish limited entry permits. 

Amendment 15 and the implementing 

regulations are intended to serve as an 

interim measure that will be 

discontinued when the Pacific Fishery 

Management Council adopts and the 

National Marine Fisheries Service 

implements a trawl rationalization 

program under Amendment 20 to the 

Pacific Groundfish FMP. Amendment 

20 is currently under development by 

the Council, which adopted its 

preliminary preferred alternative at the 

June 2008 Council meeting. The Council 

anticipates taking final action on the 

trawl rationalization program in 

November 2008. If NMFS approves 

Amendment 20, implementation is 

scheduled for late 2010, at which time 

the regulations implementing 

Amendment 15 would be replaced by 

those implementing Amendment 20. If 

development and implementation of 

Amendment 20 is delayed beyond that 

point, NMFS intends to request that the 

Council reconsider the provisions of 

Amendment 15. 

NMFS published a Notice of 

Availability for Amendment 15 on 

March 19, 2008 (73 FR 14765), and 

requested public comment on it through 

May 19, 2008. No public comments 

were received on the amendment. 

10190 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

Amendment 15 was approved by NMFS 

on June 18, 2008. NMFS published a 

proposed rule on July 11, 2008 (73 FR 

39930), which requested comments 

through August 11, 2008. During the 

proposed rule comment period, NMFS 

received 1 letter from another Federal 

agency in support of the rulemaking, 

and 2 letters from members of the 

industry. The letters are addressed later 

in the preamble to this final rule. The 

preamble to the proposed rule for this 

action provides additional background 

information on the fishery and on this 

final rule. Further detail on Amendment 

15 also appears in the Environmental 

Assessment for this action, available via 

the NMFS website provided above 

under ‘‘Electronic Access.’’ 

Comments and Responses 

NMFS received 2 letters of comment 

from members of the fishing industry on 

the proposed rule to implement 

Amendment 15. These comments are 

addressed here: 

Comment 1: Both commentors 

recommended implementation of the 

preferred alternative. One commentor 

believes that implementation of 

Amendment 15 is necessary to reduce 

the conservation risks to overfished 

stocks and ESA-listed species. 

Response: NMFS agrees with the 

commentors. 

Comment 2: One commentor 

requested clarification that the $650 

licensing application fee is a one-time 

expense and that there will be no 

annual renewal fee. 

Response: The fee to process a Pacific 

Whiting Vessel License will be 

approximately $650 and is a one-time 

fee. The regulation has been modified to 

reflect this. The owner of a vessel 

registered to a Pacific Whiting Vessel 

License will not be required to renew it 

on an annual basis. 

Comment 3: One commentor 

identified an error in the regulatory text 

at 660.336 (a)(1) that would have 

required mothership processors to hold 

limited entry permits. 

Response: Owners of harvesting 

vessels are currently required to hold a 

limited entry permit, registered for use 

with that vessel, with a trawl gear 

endorsement. Mothership vessels 

process, but do not harvest and are 

currently not required to hold a limited 

entry permit. This action does not 

change the existing requirements for 

groundfish limited entry permits, but 

does implement new requirements for a 

Pacific whiting vessel license for all 

vessels. The error has been corrected. 

Comment 4: One commentor 

requested that clarification be provided 

for the 2008 fishery qualifying criteria 

defined in regulation at 660.336 (a)(2)(i). 

Response: At this time, qualifying 

criteria specified for the 2008 fishery is 

being removed from the regulatory text 

because the 2008 Pacific whiting fishery 

is expected to be completed or near 

completion when this final rule 

becomes effective. The application 

deadline announced in the final rule is 

April 9, 2009. 

Comment 5: One commentor 

requested that NMFS make the 

following two updates to the 

environmental assessment that supports 

this action: (1) revise the Pacific whiting 

biomass projections using the results of 

the 2008 stock assessment to more 

accurately state the status of the stock 

biomass; and, (2) revise the deadline 

dates specified for submission of the 

Pacific whiting vessel license 

application to match the proposed 

rulemaking. 

Response: In approving this rule, 

NMFS has considered the recent stock 

assessment information, but did not 

revise the EA which was finalized on 

June 18, 2008, following a 60 day period 

in which the EA was available to the 

public for comment. The stock 

assessment information considered is 

consistent with the Finding of No 

Significant Action prepared in June. The 

Pacific whiting vessel license 

application deadline that applies to 

fishery participants will be established 

in regulation by this action. Given 

delays in the effective date of this final 

rule the application deadline is being 

further revised to April 9, 2009. 

Comment 6: One commentor did not 

believe that the EA fully expressed the 

benefits to the Pacific whiting stock and 

communities from the implementation 

of a limited access program in the 

Pacific Whiting fishery. 

Response: The EA for this action was 

finalized on June 18, 2008, following a 

60 day period in which the EA was 

available to the public for comment. No 

comments were received on the EA 

during the comment period. NMFS 

believes that the EA adequately 

expressed effects of the alternative 

actions on the biological and socioeconomic environments and that the 

recommended revisions would not 

change the proposed action or the 

Finding of No Significant Action. 

Comment 7: One commentor believes 

it is premature to remove existing 

regulatory text at § 660.373 (h) that 

constrains vessel mobility between the 

catcher/processor and mothership 

fisheries in the same year. Mobility 

between sectors is currently under 

consideration with Amendment 20 for a 

trawl rationalization program. 

Response: NMFS agrees with this 

comment. Because the issue of mobility 

is being considered under Amendment 

20 and was not specifically addressed 

by the Council with Amendment 15, 

NMFS has modified the proposed 

language and is not removing regulatory 

text at § 660.373 (h) at this time. 

Changes From the Proposed Rule 

This final rule includes the following 

changes from the proposed rule: 

1. In § 660.336, (a)(1) has been revised 

to require mothership processors to hold 

only a Pacific whiting vessel license and 

not a limited entry permit. 

2. In § 660.336 (a)(2)(i), vessel 

qualifying criteria for the 2008 fishery 

has been removed. 

3. In § 660.306 (f), § 660.333 (a) and 

§ 660.336(a), dates pertaining to 

application for Pacific whiting vessel 

licenses and effective dates for the 

license have been changed. 

4. In § 660.339 paragraph (b) was 

added to clarify that there will be a onetime fee for the issuance of the original 

Pacific whiting vessel license. 

5. In § 660.336 paragraph (a)(2)(i), 

NMFS has determined that the term 

‘‘decommissioned’’ is too vague. The 

term has been replaced with the 

following: scrapped, or is rebuilt such 

that a new U.S.C.G. documentation 

number would be required. 

Classification 

The Administrator, Northwest Region, 

NMFS, determined that Amendment 15 

to the FMP is necessary for the 

conservation and management of the 

Pacific whiting fishery and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and other 

applicable laws. 

This rule has been determined to be 

significant for purposes of Executive 

Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared. The FRFA 

incorporates the IRFA, a summary of the 

significant issues raised by the public 

comments in response to the IRFA, 

NMFS responses to those comments, 

and a summary of the analyses 

completed to support the action. A copy 

of this analysis is available from NMFS 

(see ADDRESSES) and a summary 

follows here: Section 604 (a) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) states that when an agency 

promulgates a final rule under section 

553 of this title, after being required by 

that section or any other law to publish 

a general notice of proposed 

rulemaking, or promulgates a final 

interpretative rule involving the internal 

revenue laws of the United States as 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10191 

described in section 603(a), the agency 

shall prepare an FRFA. Each FRFA shall 

contain: (1) a succinct statement of the 

need for, and objectives of, the rule; (2) 

a summary of the significant issues 

raised by the public comments in 

response to the IRFA, a summary of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the proposed rule as a result of such 

comments; (3) a description of and an 

estimate of the number of small entities 

to which the rule will apply or an 

explanation of why no such estimate is 

available; (4) a description of the 

projected reporting, recordkeeping and 

other compliance requirements of the 

rule, including an estimate of the classes 

of small entities which will be subject 

to the requirement and the type of 

professional skills necessary for 

preparation of the report or record; and 

(5) a description of the steps the agency 

has taken to minimize the significant 

economic impact on small entities 

consistent with the stated objectives of 

applicable statutes, including a 

statement of the factual, policy, and 

legal reasons for selecting the alternative 

adopted in the final rule and why each 

one of the other significant alternatives 

to the rule considered by the agency 

which affect the impact on small 

entities was rejected. Section 212 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 states that, for each 

rule or group of related rules for which 

an agency is required to prepare a 

FRFA, the agency shall publish one or 

more guides to assist small entities in 

complying with the rule, and shall 

designate such publications as ‘‘small 

entity compliance guides.’’ The agency 

shall explain the actions a small entity 

is required to take to comply with a rule 

or group of rules. 

This action is necessary to satisfy the 

requirements of the 1996 Sustainable 

Fisheries Act amendments to the 

Magnuson-Stevens Act. In addition, this 

action will benefit fisheries 

conservation and management by 

reducing the race for fish by restricting 

entry into all sectors of the Pacific 

Whiting fishery. 

Amendment 15 to the Pacific Coast 

Groundfish FMP is an interim step prior 

to the adoption of Amendment 20– 

Trawl rationalization for Pacific 

Groundfish which includes Pacific 

whiting which is scheduled to be 

completed in 2011 or as soon as 

possible thereafter. The objective of this 

rule is to prevent new entrants from 

entering the whiting fishery in order to 

provide conservation benefits. Current 

market conditions and the changing 

nature of Alaska fisheries are likely to 

bring new entrants to the fishery. 

Increased vessel participation in the 

whiting fishery will likely accelerate the 

race for fish, reduce the per vessel 

revenues of existing participants, may 

have undesirable consequences on 

overfished and protected species, and 

could result in a fishery that is more 

costly and difficult to manage in an 

effective manner. 

NMFS received no comments on the 

IRFA. Other comments were received 

and are addressed above, including 

Comment 2, which clarifies the 

economic impacts of the rule. 

Specifically, the regulations would limit 

participation in the non-tribal Pacific 

Whiting fishery to those vessels that 

meet the qualification criteria discussed 

elsewhere in this rule. These vessels 

include catcher/processors, mothership 

processors, catcher vessels in the Pacific 

whiting shoreside fishery, and catcher 

vessels in the mothership fishery. The 

Small Business Administration (SBA) 

guidelines for fishing firms use a 

$4,000,000 gross revenue threshold to 

separate small from large operations. In 

the application to any one firm, the 

$4,000,000 threshold considers income 

to all affiliated operations. NMFS 

records suggest the gross annual 

revenue for each of the catcher/ 

processor and mothership operations 

operating in the WOC exceeds 

$4,000,000 and they are therefore not 

considered small businesses. NMFS 

records also show that 10–43 catcher 

vessels have taken part in the 

mothership fishery yearly since 1994. 

These companies are all assumed to be 

small businesses (although some of 

these vessels may be affiliated to larger 

processing companies). Since 1994, 26– 

31 catcher vessels participated in the 

shoreside fishery annually. These 

companies are all assumed to be small 

businesses (although some of these 

vessels may be affiliated to larger 

processing companies). This rulemaking 

is expected to have minimal impacts on 

the mothership and shoreside catcher 

vessels. It is also expected to have 

minimal impact on vessels in the 

catcher/processor and mothership 

processors. If anything, this rule 

maintains the economics of the existing 

small businesses participating in the 

fishery as it prevents new vessels, 

potentially the larger vessels from 

Alaska, from entering the fishery. To 

qualify for a license, entities need only 

provide a logbook report, an observer 

report, or a fish ticket or a mothership 

receipt that demonstrates that 

qualification criteria have been met. 

These documents should be fairly easy 

to submit as they should be within 

existing business files or be readily 

obtained by directly contacting NMFS 

or the appropriate state agencies. Given 

the ease of documentation, separate 

requirements based on size of business 

were not developed. As part of this 

rulemaking process, a small entity 

compliance guide (the guide) has been 

prepared. The guide and final rule will 

be sent to the address of record for all 

the known potential entities that are 

directly affected by this final rule. 

This final rule contains a collection of 

information requirement subject to the 

Paperwork Reduction Act (PRA) and 

which has been approved by OMB 

under control number 0648–0583. The 

public reporting burden for preparing 

and submitting a Pacific whiting vessel 

license application is a one-time 

estimate expected to average 60 minutes 

per response. In subsequent years, 

approximately six respondents are 

expected to average 30 minutes per 

response to submit information on 

changes to the license records 

maintained by NMFS. The estimated 

time includes the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Send comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

202 395 7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

NMFS issued Biological Opinions 

under the ESA on August 10, 1990, 

November 26, 1991, August 28, 1992, 

September 27, 1993, May 14, 1996, and 

December 15, 1999, pertaining to the 

effects of the Pacific Coast groundfish 

FMP fisheries on Chinook salmon 

(Puget Sound, Snake River spring/ 

summer, Snake River fall, upper 

Columbia River spring, lower Columbia 

River, upper Willamette River, 

Sacramento River winter, Central Valley 

spring, California coastal), coho salmon 

(Central California coastal, southern 

Oregon/northern California coastal, and 

Oregon coastal), chum salmon (Hood 

Canal summer, Columbia River), 

sockeye salmon (Snake River, Ozette 

Lake), and steelhead (upper, middle and 

lower Columbia River, Snake River 

Basin, upper Willamette River, central 

California coast, California Central 

10192 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

Valley, south/central California, 

southern California). 

NMFS reinitiated a formal section 7 

consultation under the ESA in 2005 for 

both the Pacific whiting midwater trawl 

fishery and the groundfish bottom trawl 

fishery. The December 19, 1999, 

Biological Opinion had defined an 

11,000 Chinook incidental take 

threshold for the Pacific whiting fishery. 

During the 2005 Pacific whiting season, 

the 11,000–fish Chinook incidental take 

threshold was exceeded, triggering 

reinitiation. Also in 2005, new data 

from the West Coast Groundfish 

Observer Program became available, 

allowing NMFS to do a more complete 

analysis of salmon take in the bottom 

trawl fishery. 

NMFS completed its reinitiation 

consultation and prepared a 

Supplemental Biological Opinion dated 

March 11, 2006. In its 2006 

Supplemental Biological Opinion, 

NMFS concluded that catch rates of 

salmon in the 2005 Pacific whiting 

fishery were consistent with 

expectations considered during prior 

consultations. Chinook bycatch has 

averaged about 7,300 over the last 15 

years and has only occasionally 

exceeded the reinitiation trigger of 

11,000. Since 1999, annual Chinook 

bycatch has averaged about 8,450. The 

Chinook ESUs most likely affected by 

the Pacific whiting fishery have 

generally improved in status since the 

1999 section 7 consultation. Although 

these species remain at risk, as 

indicated by their ESA listing, NMFS 

concluded that the higher observed 

bycatch in 2005 does not require a 

reconsideration of its prior ‘‘no 

jeopardy’’ conclusion with respect to 

the fishery. For the groundfish bottom 

trawl fishery, NMFS concluded that 

incidental take in the groundfish 

fisheries is within the overall limits 

articulated in the Incidental Take 

Statement of the 1999 Biological 

Opinion. The groundfish bottom trawl 

limit from that opinion was 9,000 fish 

annually. NMFS will continue to 

monitor and collect data to analyze take 

levels. NMFS also reaffirmed its prior 

determination that implementation of 

the Groundfish FMP is not likely to 

jeopardize the continued existence of 

any of the affected ESUs. 

Lower Columbia River coho (70 FR 

37160, June 28, 2005) were recently 

listed and Oregon Coastal coho (73 FR 

7816, February 11, 2008) were recently 

relisted as threatened under the ESA. 

The 1999 biological opinion concluded 

that the bycatch of salmonids in the 

Pacific whiting fishery were almost 

entirely Chinook salmon, with little or 

no bycatch of coho, chum, sockeye, and 

steelhead. The Southern Distinct 

Population Segment (DPS) of green 

sturgeon (71 FR 17757, April 7, 2006) 

were also recently listed as threatened 

under the ESA. As a consequence, 

NMFS has reinitiated its Section 7 

consultation on the Councl’s Groundfish 

FMP. 

After reviewing the available 

information, NMFS concluded that, in 

keeping with Sections 7(a)(2) and 7(d) of 

the ESA, the proposed action would not 

result in any irreversible or irretrievable 

commitment of resources that would 

have the effect of foreclosing the 

formulation or implementation of any 

reasonable and prudent alternative 

measures. 

Under the Magnuson-Stevens Act at 

16 U.S.C. 1852(b)(5), one of the voting 

members of the Council must be a 

representative of an Indian tribe with 

federally recognized fishing rights from 

the area of the Council’s jurisdiction. 

Pursuant to Executive Order 13175, this 

action was developed through the 

Council process with meaningful 

collaboration with tribal officials from 

the area covered by the FMP. The tribal 

representative on the Council did not 

make a motion on this action for tribal 

fisheries. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian fisheries. 

Dated: February 27, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 660.306, paragraphs (f)(1) 

through (f)(6) are redesignated as 

paragraphs (f)(2)through (f)(7), 

respectively, and a new paragraph (f)(1) 

is added to read as follows: 

§ 660.306 Prohibitions. 

* * * * * 

(f) * * * 

(1) Fish in any of the sectors of the 

whiting fishery described at § 660.373(a) 

after April 9, 2009 using a vessel that is 

not registered for use with a sectorappropriate Pacific whiting vessel 

license under § 660.336. April 9, 2009, 

vessels are prohibited from fishing, 

landing, or processing primary season 

Pacific whiting with a catcher/ 

processor, mothership or mothership 

catcher vessel that has no history of 

participation within that specific sector 

of the whiting fishery during the period 

from January 1, 1997, through January 1, 

2007, or with a shoreside catcher vessels 

that has no history of participation 

within the shore-based sector of the 

whiting fishery during the period from 

January 1, 1994 through January 1, 2007, 

as specified in § 660.373(j). For the 

purpose of this paragraph, ‘‘historic 

participation’’ for a specific sector is the 

same as the qualifying criteria listed in 

§ 660.336 (a)(2). 

(i) If a Pacific whiting vessel license 

is registered for use with a vessel, fail 

to carry that license onboard the vessel 

registered for use with the license at any 

time the vessel is licensed. A photocopy 

of the license may not substitute for the 

license itself. 

(ii) [Reserved] 

* * * * * 

■ 3. In § 660.333, paragraph (f) is 

removed and paragraph (a) is revised to 

read as follows: 

§ 660.333 Limited entry fishery eligibility 

and registration. 

(a) General. A limited entry permit 

confers a conditional privilege of 

participating in the Pacific coast 

groundfish limited entry fishery, in 

accordance with Federal regulations in 

50 CFR part 660. In order for a vessel 

to participate in the limited entry 

fishery, the vessel owner must hold a 

limited entry permit and, through SFD, 

must register that vessel for use with a 

limited entry permit. When 

participating in the limited entry 

fishery, a vessel is authorized to fish 

with the gear type endorsed on the 

limited entry permit registered for use 

with that vessel. There are three types 

of gear endorsements: trawl, longline, 

and pot (or trap). All limited entry 

permits have size endorsements and a 

vessel registered for use with a limited 

entry permit must comply with the 

vessel size requirements of this subpart. 

A sablefish endorsement is also required 

for a vessel to participate in the primary 

season for the limited entry fixed gear 

sablefish fishery, north of 36° N. lat. 

After April 9, 2009, a catcher vessel 

participating in either the whiting 

shore-based or mothership sector must, 

in addition to being registered for use 

with a limited entry permit, be 

registered for use with a sectorappropriate Pacific whiting vessel 

license under § 660.336. After April 9, 

2009, a vessel participating in the 

whiting catcher/processor sector must, 

in addition to being registered for use 

with a limited entry permit, be 

registered for use with a sectorappropriate Pacific whiting vessel 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10193 

license under § 660.336. After April 9, 

2009, although a mothership vessel 

participating in the whiting mothership 

sector is not required to be registered for 

use with a limited entry permit, such 

vessel must be registered for use with a 

sector-appropriate Pacific whiting vessel 

license under § 660.336. 

* * * * * 

■ 4. In § 660.335, paragraph (f)(3) is 

removed and paragraph (a)(2) is revised 

to read as follows: 

§ 660.335 Limited entry permits renewal, 

combination, stacking, change of permit 

ownership or permit holdership, and 

transfer. 

(a) * * * 

(2) Notification to renew limited entry 

permits will be issued by SFD prior to 

September 15 each year to the most 

recent address of the permit owner. The 

permit owner shall provide SFD with 

notice of any address change within 15 

days of the change. 

* * * * * 

■ 5. A new § 660.336 is added to read 

as follows: 

§ 660.336 Pacific whiting vessel licenses. 

(a) Pacific whiting vessel license—(1) 

General. After April 9, 2009, 

participation in the non-tribal primary 

whiting season described in § 660.373(b) 

requires: 

(i) An owner of any vessel that 

catches Pacific whiting must hold a 

limited entry permit, registered for use 

with that vessel, with a trawl gear 

endorsement; and, a Pacific whiting 

vessel license registered for use with 

that vessel and appropriate to the sector 

or sectors in which the vessel intends to 

participate; 

(ii) An owner of any mothership 

vessel that processes Pacific whiting to 

hold a Pacific whiting vessel license 

registered for use with that vessel and 

appropriate to the sector or sectors in 

which the vessel intends to participate. 

(iii) Pacific whiting vessel licenses are 

separate from limited entry permits and 

do not license a vessel to harvest 

whiting in the primary whiting season 

unless that vessel is also registered for 

use with a limited entry permit with a 

trawl gear endorsement. 

(2) Pacific whiting vessel license 

qualifying criteria. 

(i) Qualifying criteria. Vessel catch 

and/or processing history will be used 

to determine whether that vessel meets 

the qualifying criteria for a Pacific 

whiting vessel license and to determine 

the sectors for which that vessel may 

qualify. Vessel catch and/or processing 

history includes only the catch and/or 

processed product of that particular 

vessel, as identified in association with 

the vessel’s USCG number. Only 

whiting regulated by this subpart that 

was taken with midwater (or pelagic) 

trawl gear will be considered for the 

Pacific whiting vessel license. Whiting 

harvested or processed by a vessel that 

has since been totally lost, scrapped, or 

is rebuilt such that a new U.S.C.G. 

documentation number would be 

required will not be considered for this 

license. Whiting harvested or processed 

illegally or landed illegally will not be 

considered for this license. Catch and/ 

or processing history associated with a 

vessel whose permit was purchased by 

the Federal Government through the 

Pacific Coast groundfish fishing 

capacity reduction program, as 

identified at 68 FR 62435 (November 4, 

2003), does not qualify a vessel for a 

Pacific whiting vessel license and no 

vessel owner may apply for or receive 

a Pacific whiting vessel license based on 

catch and/or processing history from 

one of those buyback vessels. The 

following sector-specific license 

qualification criteria apply: 

(A) For catcher/processor vessels, the 

qualifying criteria for a Pacific whiting 

vessel license is evidence of having 

caught and processed any amount of 

whiting during a primary catcher/ 

processor season during the period 

January 1, 1997 through January 1, 2007. 

(B) For mothership at-sea processing 

vessels, the qualifying criteria for a 

Pacific whiting vessel license is 

documentation of having received and 

processed any amount of whiting during 

a primary mothership season during the 

period January 1, 1997 through January 

1, 2007. 

(C) For catcher vessels delivering 

whiting to at-sea mothership processing 

vessels, the qualifying criteria for a 

Pacific whiting vessel license is 

documentation of having delivered any 

amount of whiting to a mothership 

processor during a primary mothership 

season during the period January 1, 

1997, through January 1, 2007. 

(D) For catcher vessels delivering 

whiting to Pacific whiting first receiver, 

the qualifying criteria for a Pacific 

whiting vessel license is documentation 

of having made at least one landing of 

whiting taken with mid-water trawl gear 

during a primary shore-based season 

during the period January 1, 1994, 

through January 1, 2007, and where the 

weight of whiting exceeded 50 percent 

of the total weight of the landing. 

(ii) Documentation and burden of 

proof. A vessel owner applying for a 

Pacific whiting vessel license has the 

burden to submit documentation that 

qualification requirements are met. An 

application that does not include 

documentation of meeting the 

qualification requirements during the 

qualifying years will be considered 

incomplete and will not be reviewed. 

The following standards apply: 

(A) A certified copy of the current 

vessel document (USCG or State) is the 

best documentation of vessel ownership 

and LOA. 

(B) A certified copy of a State fish 

receiving ticket is the best 

documentation of a landing at a Pacific 

whiting shoreside first receiver, and of 

the type of gear used. 

(C) For participants in the at-sea 

whiting fisheries, documentation of 

participation could include, but is not 

limited to: a final observer report 

documenting a particular catcher vessel, 

mothership, or catcher/processor’s 

participation in the whiting fishery in 

an applicable year and during the 

applicable primary season, a bill of 

lading for whiting from an applicable 

year and during the applicable primary 

season, a catcher vessel receipt from a 

particular mothership known to have 

participated in the whiting fishery 

during an applicable year, a signed copy 

of a Daily Receipt of Fish and 

Cumulative Production Logbook 

(mothership sector) or Daily Fishing and 

Cumulative Production Logbook 

(catcher/processor sector) from an 

applicable year during the applicable 

primary season. 

(E) Such other relevant, credible 

documentation as the applicant may 

submit, or the SFD or the Regional 

Administrator request or acquire, may 

also be considered. 

(3) Issuance process for Pacific 

whiting vessel licenses. 

(i) SFD will mail, to the most recent 

address provided to the SFD permits 

office, a Pacific whiting vessel license 

application to all current and prior 

owners of vessels that have been 

registered for use with limited entry 

permits with trawl endorsements, 

excluding owners of those vessels 

whose permits were purchased through 

the Pacific Coast groundfish fishing 

capacity reduction program. NMFS will 

also make license applications available 

online at: http://www.nwr.noaa.gov/ 

Groundfish-Halibut/GroundfishPermits/index.cfm. A vessel owner who 

believes that his/her vessel may qualify 

for the Pacific whiting vessel license 

will have until April 9, 2009, to submit 

an application with documentation 

showing how his/her vessel has met the 

qualifying criteria described in this 

section. NMFS will not accept 

applications for Pacific whiting vessel 

licenses received after April 9, 2009. 

(ii) After receipt of a complete 

application, NMFS will notify 

applicants by letter of its determination 

10194 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

whether their vessels qualify for Pacific 

whiting vessel licenses and the sector or 

sectors to which the licenses apply. 

Vessels that have met the qualification 

criteria will be issued the appropriate 

licenses at that time. After April 9, 2009, 

NMFS will publish a list of vessels that 

qualified for Pacific whiting vessel 

licenses in the Federal Register. 

(iii) If a vessel owner files an appeal 

from the determination under paragraph 

(a)(3)(ii) of this section the appeal must 

be filed with the Regional Administrator 

within 30 calendar days of the issuance 

of the letter of determination. The 

appeal must be in writing and must 

allege facts or circumstances, and 

include credible documentation 

demonstrating why the vessel qualifies 

for a Pacific whiting vessel license. The 

appeal of a denial of an application for 

a Pacific whiting vessel license will not 

be referred to the Council for a 

recommendation, nor will any appeals 

be accepted by NMFS after May 11, 

2009. 

(iv) Absent good cause for further 

delay, the Regional Administrator will 

issue a written decision on the appeal 

within 30 calendar days of receipt of the 

appeal. The Regional Administrator’s 

decision is the final administrative 

decision of the Department of 

Commerce as of the date of the decision. 

(4) Notification to NMFS of changes to 

Pacific whiting vessel license 

information. The owner of a vessel 

registered for use with a Pacific whiting 

vessel license must provide a written 

request to NMFS to change the name or 

names of vessel owners provided on the 

vessel license, or to change the licensed 

vessel’s name. The request must detail 

the names of all new vessel owners as 

registered with U.S. Coast Guard, a 

business address for the vessel owner, 

business phone and fax number, tax 

identification number, date of birth, 

and/or date of incorporation for each 

individual and/or entity, and a copy of 

the vessel documentation (USCG 1270) 

to show proof of ownership. NMFS will 

reissue a new vessel license with the 

names of the new vessel owners and/or 

vessel name information. The Pacific 

whiting vessel license is considered 

void if the name of the vessel or vessel 

owner is changed from that given on the 

license. In addition, the vessel owner 

must report to NMFS any change in 

address for the vessel owner within 15 

days of that change. Although the name 

of an individual vessel registered for use 

with a Pacific whiting vessel license 

may be changed, the license itself may 

not be registered to any vessel other 

than the vessel to which it was 

originally issued, as identified by that 

vessel’s United States Coast Guard 

documentation number. 

(b) [Reserved] 

■ 6. Section 660.339 is revised to read 

as follows: 

§ 660.339 Limited entry permit and Pacific 

whiting vessel license fees. 

(a) The Regional Administrator will 

charge fees to cover administrative 

expenses related to issuance of limited 

entry permits including initial issuance, 

renewal, transfer, vessel registration, 

replacement, and appeals. The 

appropriate fee must accompany each 

application. 

(b) The Regional Administrator will 

charge a one-time fee for the issuance of 

the original Pacific whiting vessel 

license. 

■ 7. In § 660.373, paragraph (a) is 

revised to read as follows: 

§ 660.373 Pacific whiting (whiting) fishery 

management. 

(a) Sectors and licensing 

requirements. The catcher/processor 

sector is composed of catcher/ 

processors, which are vessels that 

harvest and process whiting during a 

calendar year. The mothership sector is 

composed of motherships vessels that 

process whiting and catcher vessels that 

harvest whiting for delivery to 

motherships. Motherships are vessels 

that process, but do not harvest, whiting 

during a calendar year. The shore-based 

sector is composed of vessels that 

harvest whiting for delivery to Pacific 

whiting shoreside first receivers. In 

order for a vessel to participate in a 

particular whiting fishery sector, that 

vessel must be registered for use with a 

sector-specific Pacific whiting vessel 

license under § 660.336. 

* * * * * 

[FR Doc. E9–5066 Filed 3–9–09; 8:45 am] 

BILLING CODE 3510–22–S