Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19011 

Order on Reconsideration and AWS 

Sixth Memorandum Opinion and Order 

and BRS/EBS Fourth Memorandum 

Opinion and Order and Declaratory 

Ruling, FCC 08–83, 73 FR 26032, May 

8, 2008 (‘‘BRS/EBS 4th MO&O’’), in 

which it adopted the following small 

business definitions for BRS in the 

2496–2690 MHz band: (1) Small 

business—An entity with average gross 

revenues for the preceding three years 

not exceeding $40 million; (2) Very 

small business—An entity with average 

annual gross revenues for the preceding 

three years not exceeding $15 million; 

and (3) Entrepreneur—An entity with 

average gross revenues not exceeding $3 

million for the preceding three years. 

Under these definitions, the 

Commission would provide small 

businesses with a bidding credit of 15 

percent, very small businesses with a 

bidding credit of 25 percent, and 

entrepreneurs with a bidding credit of 

35 percent. 

3. On May 6, 2008, prior to 

publication of a summary of the BRS/ 

EBS 4th MO&O in the Federal Register, 

the Commission requested the SBA’s 

approval of the final rule adopting small 

business size standards for the BRS. 

4. By letter dated January 22, 2009, 

the SBA approved the Commission’s 

final rule adopting small business size 

standards for BRS subject to 

republication of the size standards in 

the Federal Register. 

5. This notice satisfies the SBA’s 

condition of approval as stated in the 

SBA’s January 22, 2009 letter. 

Federal Communications Commission. 

Gary D. Michaels, 

Deputy Chief, Auctions and Spectrum Access 

Division, WTB. 

[FR Doc. E9–9463 Filed 4–24–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0809121213–9221–02] 

RIN 0648–AX84 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason 

adjustments to biennial groundfish 

management measures; request for 

comments. 

SUMMARY: This final rule announces 

inseason changes to management 

measures in the commercial Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), are intended 

to allow fisheries to access more 

abundant groundfish stocks while 

protecting overfished and depleted 

stocks. The rule also implements 

changes to the incidental retention 

allowance for halibut in the primary 

sablefish fishery under the authority of 

the Northern Pacific Halibut Act. 

DATES: Effective 0001 hours (local time) 

May 1, 2009. Comments on this final 

rule must be received no later than 5 

p.m., local time on May 27, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX84 by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Gretchen 

Arentzen 

• Mail: Barry Thom, Acting 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Gretchen 

Arentzen. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Arentzen (Northwest Region, 

NMFS), phone: 206–526–6147, fax: 206– 

526–6736 and e-mail 

gretchen.arentzen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Website at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s website at http:// 

www.pcouncil.org/. 

Background 

The Pacific Coast Groundfish FMP 

and its implementing regulations at title 

50 in the Code of Federal Regulations 

(CFR), part 660, subpart G, regulate 

fishing for over 90 species of groundfish 

off the coasts of Washington, Oregon, 

and California. Groundfish 

specifications and management 

measures are developed by the Pacific 

Fishery Management Council (Council), 

and are implemented by NMFS. A 

proposed rule to implement the 2009– 

2010 groundfish harvest specifications 

and management measures published 

on December 31, 2008, (73 FR 80516). 

The final rule to implement the 2009– 

2010 specifications and management 

measures for the Pacific Coast 

Groundfish Fishery was published on 

March 6, 2009 (74 FR 9874). These 

specifications and management 

measures are codified in the CFR (50 

CFR part 660, subpart G). 

Changes to current groundfish 

management measures implemented by 

this action were recommended by the 

Council, in consultation with Pacific 

Coast Treaty Indian Tribes and the 

States of Washington, Oregon, and 

California, at its April 4–9, 2009, 

meeting in Millbrae, California. The 

Council recommended adjustments to 

current groundfish management 

measures to respond to updated fishery 

information and other inseason 

management needs. This action is not 

expected to result in greater impacts to 

overfished species than originally 

projected through the end of 2009. 

Estimated mortality of overfished and 

target species are the result of 

management measures designed to meet 

the Pacific Coast Groundfish FMP 

objective of achieving, to the extent 

possible, but not exceeding, OYs of 

target species, while fostering the 

rebuilding of overfished stocks by 

remaining within their rebuilding OYs. 

Limited Entry Fixed Gear Fishery 

Management Measures 

Sablefish Daily Trip Limit Fishery 

Over the past several years, the 

amount of sablefish harvested in the 

limited entry fixed gear sablefish daily 

trip limit (DTL) fishery North of 36° N. 

lat. has been lower than their sablefish 

allocation. In 2006, 106 mt of the 356 mt 

allocation was harvested. In 2007 and 

2008, 116 mt and 150 mt, respectively, 

of the 2007 and 2008 allocations of 276 

mt were taken. Over the 2006 to 2008 


dwashington3 on PROD1PC60 with RULES
19012 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

time period, a maximum of 54 percent 

of the limited entry fixed gear sablefish 

allocation for the area North of 36° N. 

lat. was taken. To provide additional 

harvest opportunities for this healthy 

stock, the Council considered increases 

to trip limits for sablefish in this fishery 

and the potential impacts on overall 

catch levels and overfished species. Trip 

limits in this fishery have been fairly 

stable over time; therefore some 

uncertainty surrounds how changes in 

trip limits will affect effort and 

landings. In response to this 

uncertainty, the Council considered a 

precautionary adjustment that would 

moderately raise the daily, weekly and 

bi-monthly trip limits. Also, the Council 

considered that the overall number of 

participants is restricted to vessels 

registered to a limited entry permit with 

the necessary gear and species 

endorsements. The effects of a small 

increase in trip limits in this fishery can 

be monitored, and any additional 

adjustments can be made to approach, 

but not exceed, the sablefish allocation 

for the limited entry fixed gear sablefish 

DTL fishery. This increase in trip limits 

is not anticipated to increase projected 

impacts to overfished species, because 

projected impacts to overfished species 

are calculated assuming that the entire 

sablefish allocation is harvested. 

Therefore, the Council recommended 

and NMFS is implementing trip limit 

changes for the limited entry fixed gear 

fishery North of 36° N. lat. that increase 

sablefish DTL fishery limits from ‘‘300 

lb (136 kg) per day, or 1 landing per 

week of up to 1,000 lb (454 kg), not to 

exceed 5,000 lb (2,268 kg) per 2 

months’’ to ‘‘500 lb (227 kg) per day, or 

1 landing per week of up to 1,500 lb 

(680 kg), not to exceed 5,500 lb (2,495 

kg) per 2 months’’ beginning in period 

3, on May 1. 

Incidental Halibut Retention 

The International Pacific Halibut 

Commission (IPHC) establishes total 

allowable catch (TAC) amounts for 

Pacific halibut each year in January. 

Under the authority of the Northern 

Pacific Halibut Act, and implementing 

regulations at 50 CFR 300.63, a catch 

sharing plan, developed by the Pacific 

Council and implemented by the 

Secretary, allocates portions of the 

annual TAC among fisheries off 

Washington, Oregon, and California. 

The catch sharing plan for Pacific 

halibut fisheries in Area 2A (waters off 

the U.S. West coast) allows an 

incidental total catch limit for halibut 

for the 2009 limited entry fixed gear 

sablefish primary season (i.e. tier limit 

fishery) of 11,895 lb (5.4 mt). This total 

catch limit of 11,895 lb in 2009 is much 

lower than what has been available to 

the sablefish primary season fishery in 

recent years, which has been a total 

catch limit of 70,000 lb. The allocation 

is lower in 2009 due to an 

approximately 22 percent decrease in 

the Pacific halibut TAC when compared 

to the 2008 TAC. The current halibut 

catch ratio of 100 lb (45 kg) halibut per 

1,000 lb (454 kg) of sablefish was 

implemented on May 4, 2005 (70 FR 

23040) and has remained relatively 

unchanged since that time, because the 

incidental halibut catch limit has 

remained fairly constant since that time. 

The retention limits for halibut were not 

revised as part of the 2009–2010 harvest 

specifications and management 

measures because the Total Allowable 

Catch of halibut for 2009 was not 

determined until the IPHC meeting in 

January, 2009. Due to the decrease in 

the Pacific halibut TAC, and the 

resulting decrease in the amount of 

Pacific halibut available to the primary 

sablefish fishery as incidental take, the 

Council considered options to revise the 

catch ratio established in the groundfish 

regulations at 50 CFR 660.372 at their 

first opportunity, the March 2009 

meeting. These options were developed 

to reduce incidental impacts to Pacific 

halibut in the sablefish fishery, and stay 

below the lower 2009 Pacific halibut 

allocation. After the opportunity for 

public review and comment, the 

Council, at their April meeting, made 

their final recommendation for adjusting 

the incidental retention limits for 

Pacific halibut in the sablefish primary 

season fishery in order to reduce 

incidental take and keep mortality of 

halibut below the lower 2009 catch limit 

of 11,895 lb. 

In order to reduce incidental halibut 

catch in this fishery, the Council 

recommended modifying the incidental 

halibut retention regulations at 50 CFR 

660.372 (b)(3)(iv) from ‘‘100 lb (45 kg) 

dressed weight, head-on of halibut per 

1,000 lb (454 kg) dressed weight of 

sablefish, plus up to two additional 

halibut per fishing trip in excess of this 

ratio’’ to ‘‘100 lb (45 kg) dressed weight, 

head-on of halibut per fishing trip.’’ 

In addition, at the recommendation of 

their enforcement consultants, and in 

order to improve the enforceability of 

the regulations, the Council 

recommended modifying the regulation 

to cover both possession and landing of 

halibut, not just the landing of halibut. 

Open Access Fishery Management 

Measures 

During the development of the 2009– 

2010 harvest specifications and 

management measures, the sablefish OY 

increased from 2008 to 2009, and 

consequently the allocation to the open 

access sablefish fishery North of 36° N. 

lat. also increased. No increases were 

made to trip limits in this fishery during 

the 2009–2010 harvest specifications 

and management measures as a 

precautionary approach due to 

uncertainty in how the poor 2008 

salmon season would affect effort and 

catches of sablefish in this fishery 

through the end of 2008. The most 

recent catch information from 2008 

fisheries indicates that 488 mt of the 

2008 sablefish allocation North of 36° N. 

lat., 492 mt, was harvested. The 

cumulative limits in this fishery that are 

currently in place are the same as those 

that resulted in this 488 mt of harvest 

in 2008. However, the 2009 allocation 

was raised to 538 mt during the 2009– 

2010 harvest specifications and 

management measures process. As a 

result of the 2009 salmon regulations 

recommended by the Council at their 

April meeting, the 2009 salmon fishery 

is likely to be similar in scope and 

magnitude to the 2008 fishery, which 

should result in a similar amount of 

effort shift into the sablefish fishery; 

therefore, continuing the trip limits that 

were in place in 2008 could potentially 

leave 50 mt of the increased sablefish 

allocation unharvested in 2009. To 

provide additional harvest opportunities 

for this healthy stock, the Council 

considered increases to trip limits for 

sablefish in this fishery and the 

potential impacts on overall sablefish 

and overfished species catch levels. 

Therefore the Council considered 

modest increases to the bi-monthly 

limits for sablefish in the open access 

fishery in order to approach, but not 

exceed, the 2009 sablefish OY. Effort 

shifts as a result of changes to the bimonthly limits are generally smaller in 

magnitude than effort shifts observed in 

response to changes in daily or weekly 

trip limits in the open access fishery. 

This modest increase in trip limits is not 

anticipated to increase projected 

impacts to overfished species, because 

projected impacts to overfished species 

is calculated assuming that the entire 

sablefish allocation is harvested. 

Therefore, the Council recommended 

and NMFS is implementing a monthly 

cumulative limit increase for the open 

access fishery North of 36 N. lat. that 

changes sablefish limits from ‘‘300 lb 

(136 kg) per day, or 1 landing per week 

of up to 800 lb (363 kg), not to exceed 

2,200 lb (998 kg) per 2 months’’ to ‘‘300 

lb (136 kg) per day, or 1 landing per 

week of up to 800 lb (363 kg), not to 

exceed 2,400 lb (1,089 kg) per 2 

months’’ beginning in period 3, on May 

1. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19013 

Classification 

These actions are taken under the 

authority of 50 CFR 660.370(c) and 50 

CFR 300.63(b)(3) and are exempt from 

review under Executive Order 12866. 

These increases in sablefish limits are 

taken under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and are in 

accordance with 50 CFR part 660, the 

regulations implementing the FMP. The 

adjustment to the halibut incidental 

catch limit is taken under the authority 

of the Northern Pacific Halibut Act and 

implementing regulations, and is 

consistent with the approved catch 

sharing plan. These actions are based on 

the most recent data available. The 

aggregate data upon which these actions 

are based are available for public 

inspection at the Office of the 

Administrator, Northwest Region, 

NMFS, (see ADDRESSES) during 

business hours. 

For the following reasons, NMFS 

finds good cause to waive prior public 

notice and comment on the revisions to 

groundfish management measures under 

5 U.S.C. 553(b) because notice and 

comment would be impracticable and 

contrary to the public interest. Also, for 

the same reasons, NMFS finds good 

cause to waive the 30–day delay in 

effectiveness pursuant to 5 U.S.C. 

553(d)(3), so that this final rule may 

become effective May 1, 2009. 

The recently available data upon 

which these recommendations were 

based was provided to the Council, and 

the Council made its recommendations, 

at its April 4–9, 2009, meeting in 

Millbrae, California. The Council 

recommended that these changes be 

implemented on or as close as possible 

to May 1, 2009. There was not sufficient 

time after that meeting to draft this 

document and undergo proposed and 

final rulemaking before these actions 

need to be in effect. For the actions to 

be implemented in this final rule, 

affording the time necessary for prior 

notice and opportunity for public 

comment would prevent the Agency 

from managing fisheries using the best 

available science to approach without 

exceeding the OYs for federally 

managed species in accordance with the 

FMP and applicable laws. The 

adjustments to management measures in 

this document affect commercial 

fisheries off Washington, Oregon, and 

California. These adjustments to 

management measures must be 

implemented in a timely manner, by 

May 1, 2009, to: allow fishermen an 

opportunity to harvest higher limits in 

2009 for sablefish, and reduce 

incidental catch of halibut to keep 

impacts below the 2009 halibut Area 2A 

allocation. 

Increases to the sablefish cumulative 

limits in the limited entry fixed gear 

fishery and the open access fishery 

relieve a restriction by allowing 

fishermen increased opportunities to 

harvest available healthy stocks while 

staying within the OYs for these species. 

These changes must be implemented in 

a timely manner by May 1, 2009, so that 

fishermen are allowed increased 

opportunities to harvest available 

healthy stocks and meet the objective of 

the Pacific Coast Groundfish FMP to 

allow fisheries to approach, but not 

exceed, OYs. It would be contrary to the 

public interest to wait to implement 

these changes until after public notice 

and comment, because making this 

regulatory change by May 1 allows 

additional harvest in fisheries that are 

important to coastal communities. 

Changes to the incidental halibut 

retention regulations to decrease the 

retention limit for the limited entry 

sablefish primary fishery are necessary 

to reduce halibut impacts in area 2A, 

keeping total mortality of halibut below 

the 2009 area 2A allocation. These 

changes must be implemented in a 

timely manner by May 1, 2009, to 

prevent impacts to halibut to exceed the 

2009 allocation, and to prevent early 

closure of the incidental halibut fishery. 

It would be contrary to the public 

interest to wait to implement these 

changes until after public notice and 

comment, because a delay in reducing 

retention limits could cause halibut to 

be unavailable for harvest for as long as 

possible throughout the primary 

sablefish season, which runs through 

October 31. 

Allowing the current management 

measures to remain in place could 

jeopardize managers’ ability to provide 

for year-round harvest opportunities for 

healthy stocks. Delaying these changes 

would keep management measures in 

place that are not based on the best 

available data which could deny 

fishermen access to available harvest. 

Such delay would impair achievement 

of the Pacific Coast Groundfish FMP 

objectives of providing for year-round 

harvest opportunities, extending fishing 

opportunities as long as practicable 

during the fishing year, or staying 

within OYs or allocations for Pacific 

halibut. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian Fisheries. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

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 

is amended to read as follows: 

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

U.S.C. 773 et seq. 

■ 2. In § 660.372, paragraph (b)(3)(iv) is 

revised to read as follows: 

§ 660.372 Fixed gear sablefish fishery 

management. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) Incidental halibut retention north 

of Pt. Chehalis, WA (46° 53.30’ N. lat.). 

From May 1 through October 31, vessels 

authorized to participate in the primary 

sablefish fishery, licensed by the 

International Pacific Halibut 

Commission for commercial fishing in 

Area 2A (waters off Washington, 

Oregon, California), and fishing with 

longline gear north of Pt. Chehalis, WA 

(46° 53.30’ N. lat.) may possess and land 

up to the following cumulative limits: 

100 lb (45 kg) dressed weight, head-on 

of halibut per fishing trip. ‘‘Dressed’’ 

halibut in this area means halibut 

landed eviscerated with their heads on. 

Halibut taken and retained in the 

primary sablefish fishery north of Pt. 

Chehalis may only be landed north of 

Pt. Chehalis and may not be possessed 

or landed south of Pt. Chehalis. 

* * * * * 

■ 3. Tables 4 (North), 4 (South), 5 

(North), and 5 (South) to part 660, 

subpart G are revised to read as follows: 

BILLING CODE 3510–22–S 


dwashington3 on PROD1PC60 with RULES
19014 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 


dwashington3 on PROD1PC60 with RULESER27AP09.000</GPH>
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19015 


dwashington3 on PROD1PC60 with RULESER27AP09.001</GPH>
19016 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 


dwashington3 on PROD1PC60 with RULESER27AP09.002</GPH>
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19017 


dwashington3 on PROD1PC60 with RULESER27AP09.003</GPH>
19018 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 


dwashington3 on PROD1PC60 with RULESER27AP09.004</GPH>
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 19019 


dwashington3 on PROD1PC60 with RULESER27AP09.005</GPH>
19020 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

[FR Doc. E9–9564 Filed 4–24–09; 8:45 am] 

BILLING CODE 3510–22–C 


dwashington3 on PROD1PC60 with RULESER27AP09.006</GPH>