Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26983 

2008 (Pub. L. 110–432, Div. B, 122 Stat. 

4968). 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. E9–13021 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–XP43 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Suspension of the Primary Pacific 

Whiting Season for the Shore-based 

Sector South of 42≥ North Latitude 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing restrictions. 

SUMMARY: NMFS announces the 

suspension of the primary season for 

Pacific whiting (whiting) fishery for the 

shore-based sector south of 42° N. lat. at 

noon local time (l.t.) May 14, 2009. ‘‘Per 

trip’’ limits for whiting were reinstated 

until 0001 hours June 15, 2009, at which 

time the primary season for the shorebased sector opens coastwide. This 

action is authorized by regulations 

implementing the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), which governs the groundfish 

fishery off Washington, Oregon, and 

California. This action is intended to 

keep the harvest of whiting at the 2009 

allocation levels. 

DATES: Effective from noon l.t. May 14, 

2009, until 0001 hours June 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: The 

regulations at 50 CFR 660.323(a) 

established separate allocations for the 

catcher/processor, mothership, and 

shore-based sectors of the whiting 

fishery. The 2009 commercial Optimum 

Yield (OY) for Pacific whiting is 81,939 

mt. This is calculated by deducting the 

50,000–mt tribal set-aside and 4,000–mt 

for research catch and bycatch in nongroundfish fisheries from the 135,939 

mt total catch OY. Each sector receives 

a portion of the commercial OY, with 

the catcher/processors getting 34 

percent (27,859 mt), motherships getting 

24 percent (19,665 mt), and the shorebased sector getting 42 percent (34,414 

mt). The regulations further divide the 

shore-based allocation so that no more 

than 5 percent (1,721 mt) of the shorebased allocation may be taken in waters 

off the State of California before the 

primary season begins north of 42° N. 

lat. 

The primary season for the shorebased sector is the period or periods 

when the large-scale target fishery is 

conducted, and when ‘‘per trip’’ limits 

are not in effect for vessels targeting 

Pacific whiting with mid-water gear. 

Because whiting migrate from south to 

north during the fishing year, the shorebased primary whiting season begins 

earlier south of 42° N. lat. than north. 

For 2009: the primary season for the 

shore-based sector between 42°-40°30’ 

N. lat. began on April 1; south of 40°30’ 

N. lat., the primary season began on 

April 15; and the fishery north of 42° N. 

lat. is scheduled to begin June 15. 

Although the fishery opened in April, 

the vessels choose to delay fishing until 

May 1, 2009. 

Because the 1,721 mt allocation for 

the early season fishery off California 

was estimated to be reached, NMFS is 

announcing the suspension of the 

primary whiting season south of 42° N. 

lat. Regulations at 50 CFR 660.323 (b)(4) 

allow this action to be taken. The 

20,000–lb (9,072 kg) trip limit that was 

in place before the start of the southern 

primary season was reinstated remains 

in effect until the primary June 15. A 

trip limit of 10,000 lb (4,536 kg) of 

whiting is in effect year-round (unless 

landings of whiting are prohibited) for 

vessels that fish in the Eureka area 

shoreward of the 100–fm(183–m) 

contour at any time during a fishing 

trip. This smaller limit is intended to 

minimize incidental catch of Chinook 

salmon, which are more likely to be 

caught shallower than 100 fm (183 m) 

in the Eureka area. 

To prevent an allocation from being 

exceeded, regulations at 50 CFR 660.323 

(e) allow closure of the commercial 

whiting fisheries by actual notice to the 

fishery participants. Actual notice 

includes e-mail, internet, phone, fax, 

letter or press release. NMFS provided 

actual notice by e-mail, internet, and fax 

on May 13, 2009. 

NMFS Action 

This action announces achievement of 

the shore-based sector allocation 

specified at 50 CFR 660.323(a) for the 

fishery south of 42° N. lat. The best 

available information on May 13, 2009, 

indicated that 1,119 metric tons (mt) of 

whiting was taken through May 11,2009 

and that the 1,721 mt shore-based 

allocation for the early season fishery 

south of 42° N. lat would be reached by 

noon May 14, 2009. For the reasons 

stated here and in accordance with the 

regulations at 50 CFR 660.323(b)(4), 

NMFS herein announces: Effective noon 

May 14, 2009 until 0001 l.t., June 15, 

2009, the primary whiting season south 

of 42° N. lat is suspended. No more than 

20,000–lb (9,072 kg) of whiting may be 

taken and retained, possessed or landed 

by a catcher vessel participating in the 

shore-based sector of the whiting 

fishery. If a vessel fishes shoreward of 

the 100 fm (183 m) contour in the 

Eureka area (43° – 40° 30’ N. lat.) at any 

time during a fishing trip, the 10,000– 

lb (4,536 kg) trip limit applies. 

Classification 

This action is authorized by the 

regulations implementing the 

groundfish FMP. The determination to 

take these actions is based on the most 

recent data available. The aggregate data 

upon which the determinations are 

based are available for public inspection 

at the office of the Regional 

Administrator (see ADDRESSES) during 

business hours. 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 

pursuant to 5 U.S.C. 553 (3)(b)(B), 

because providing prior notice and 

opportunity would be impracticable. It 

would be impracticable because if this 

restriction were delayedin order to 

provide notice and comment, it would 

allow the allocation for the shore-based 

fishery south of 42° N. lat. to be 

exceeded. Similarly, the AA finds good 

cause to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3), as such a delay would cause 

the fishery south of 42° N. lat. to exceed 

its allocation. Allowing the early season 

fishery to continue would result in a 

disproportionate shift in effort, which 

could result in greater impacts on 

Endangered Species Act listed Chinook 

salmon and overfished groundfish 

species that had been considered when 

the 2009 Pacific Coast groundfish 

harvest specifications were established. 

This action is taken under the 

authority of 50 CFR 660.323(b)(4), and 

is exempt from review under Executive 

Order 12866. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13178 Filed 6–4–09; 8:45 am] 

BILLING CODE 3510–22–S 


erowe on PROD1PC63 with RULES