[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Rules and Regulations]
[Pages 18657-18658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9446]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0812311655-9645-03]
RIN 0648-AX44


Pacific Halibut Fisheries; Catch Sharing Plan; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: This action corrects the text of a final rule published on 
March 19, 2009, that implemented annual management measures governing 
the Pacific halibut fishery. This final rule established season dates 
off of Alaska, Washington, Oregon and California. This action is 
necessary to correct errors in dates listed in the areas from 
Leadbetter Point, WA to Cape Falcon, OR and from Cape Falcon to Humbug 
Mountain, OR.

DATES: Effective April 24, 2009.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646.

SUPPLEMENTARY INFORMATION: A final rule published March 19, 2009 (74 FR 
11681), included annual management measures for managing the harvest of 
Pacific halibut (Hippoglossus

[[Page 18658]]

stenolepis) in the sport fishery in International Pacific Halibut 
Commission (IPHC) Regulatory Area 2A off of Washington, Oregon and 
California. This correcting amendment revises the season dates in the 
two areas from Leadbetter Point, WA to Cape Falcon, OR and from Cape 
Falcon to Humbug Mountain, OR.

Need for Correction

    The final rule (74 FR 11681), Section 26, Sport Fishing for 
Halibut-Area 2A, describes dates and days of the week for sport fishing 
for halibut off Washington, Oregon, and California. Three of the dates 
published for the area from Leadbetter Point, WA to Cape Falcon, OR 
(section 8(d)) were inconsistent with the days of the week and several 
dates published for the area from Cape Falcon to Humbug Mountain, OR 
(section 8(e)) were inconsistent with the days of the week and one week 
later than the dates as adopted by the Pacific Fishery Management 
Council. On page 11693, in paragraph (8)(d)(i), the changes are as 
follows:
    (1) July 19 is corrected to July 18,
    (2) August 1 is corrected to August 7,
    (3) September 30 is corrected to September 27.
    The corrected paragraph reads as follows:
    The fishing season commences on May 1, and continues 3 days a week 
(Thursday through Saturday) until 11,014 lb (4.9 mt) are estimated to 
have been taken and the season is closed by the Commission or until 
July 18, whichever is earlier. The fishery will reopen on August 7 and 
continue 3 days a week (Friday through Sunday) until 4,720 lb (2.1 mt) 
have been taken and the season is closed by the Commission, or until 
September 27, whichever is earlier. Subsequent to this closure, if 
there is insufficient quota remaining in the Columbia River subarea for 
another fishing day, then any remaining quota may be transferred in-
season to another Washington and/or Oregon subarea by NMFS via an 
update to the recreational halibut hotline. Any remaining quota would 
be transferred to each state in proportion to its contribution.
    On page 11694, three sets of dates were listed incorrectly in 
paragraph (8)(e)(i)(C). The corrections are as follows:
    (1) August 16-18 is corrected to August 14-16,
    (2) September 18-20 is corrected to September 11-13.
    (3) August 23 is deleted as a day after which additional fishing 
will be evaluated.
    The corrected paragraph reads as follows:
    If sufficient unharvested catch remains, the third season (summer 
season), which is for the ``all-depth'' fishery, will be open on August 
7, 8, 9, 21, 22, 23 and September 4, 5, 6, 18, 19, 20 and October 2, 3, 
4, 16, 17, 18, 30, 31 , or until the combined spring season and summer 
season quotas in the area between Cape Falcon and Humbug Mountain, OR, 
totaling165,681 lb (75.1 mt), are estimated to have been taken and the 
area is closed by the Commission, or October 31, whichever is earlier. 
NMFS will announce on the NMFS hotline in July whether the fishery will 
re-open for the summer season in August. No halibut fishing will be 
allowed in the summer season fishery unless the dates are announced on 
the NMFS hotline. Additional fishing days may be opened if a certain 
amount of quota remains after August 9. If after August 9, greater than 
or equal to 60,000 lb (27.2 mt) remains in the combined all-depth and 
inside 40-fm (73-m) quota, the fishery may re-open every Friday through 
Sunday, beginning August 14-16, and ending October 31. If after 
September 6, greater than or equal to 30,000 lb (13.6 mt) remains in 
the combined all-depth and inside 40-fm (73-m) quota, and the fishery 
is not already open every Friday through Sunday, the fishery may re-
open every Friday through Sunday, beginning September 11-13, and ending 
October 31. After September 6, the bag limit may be increased to two 
fish of any size per person, per day. NMFS will announce on the NMFS 
hotline whether the summer all-depth fishery will be open on such 
additional fishing days, what days the fishery will be open and what 
the bag limit is.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator 
for Fisheries finds there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be unnecessary and contrary to public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action makes only minor changes to the dates of the fishery and 
does not alter the total number of days the fishery will be open. These 
corrections will not affect the results of analyses conducted to 
support management decisions in the halibut fishery nor change the 
total catch of halibut. In paragraph (8)(e)(i)(C) the correct dates 
were in the proposed rule, so this correction will clear up confusion 
that may be caused by the difference in dates between the proposed and 
final rules. In section (8)(d)(i), one of the dates had been correct in 
the proposed rule, and the other two were not. No change in operating 
practices in the fishery is required. For the same reasons, the Acting 
AA has determined that good cause exists to waive the 30-day dealy in 
effectiveness pursuant to 5 U.S.C. 553(d).
    This final rule complies with the Halibut Act and the Pacific 
Fishery Management Council's authority to implement allocation measures 
for the management of the halibut fishery.

    Dated: April 21, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-9446 Filed 4-23-09; 8:45 am]
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