[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29431-29432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14609]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-XP82


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Closure of the Pacific Whiting Primary Fishery for the 
Mothership Sector

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

ACTION: Fishing restrictions.

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SUMMARY: NMFS announces closure of the primary season for the 
mothership sector of the Pacific whiting fishery at 10:00 p.m. local 
time (l.t.) June 1, 2009. The closure was necessary because the 
mothership sector was projected to reach its Pacific whiting harvest 
guideline. 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 Pacific whiting at the 2009 
allocation levels.

DATES: Effective from 10:00 p.m. l.t. June 1, 2009, until the start of 
the 2010 primary season for the mothership sector, unless modified, 
superseded or rescinded.

FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.

SUPPLEMENTARY INFORMATION: 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. 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 non-groundfish 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 shore-based sector getting 42 percent 
(34,414 mt).
    Regulations at 50 CFR 660.323 (c) provide that if the Regional 
Administrator determines that a portion of the tribal set-aside or 
another sector's allocation will not be used during the year, the 
Regional Administrator can reapportion that Pacific whiting to other 
sectors in proportion to their initial allocations. At the Pacific 
Fishery Management Council's March 2009 meeting, the Makah Tribal 
representatives stated their intent to harvest only 23,789 mt of their 
42,000 mt set-aside and asked that the remaining 18,211 mt be 
reapportioned to the non-tribal sectors of the fishery. Therefore, the 
mothership sector received an additional 5,823 mt, resulting in a 
harvest guideline of 24,034 mt.
    When each sector's Pacific whiting harvest allocation or harvest 
guideline is reached, the primary season for that sector is ended. The 
mothership sector is composed of motherships and catcher vessels that 
harvest whiting for delivery to motherships. Motherships are vessels 
that process, but do not harvest, whiting. The regulations at 50 CFR 
600.323 (a)(3)(i) describe the primary season for vessels delivering to 
motherships as the period(s) when at-sea processing is allowed and the 
fishery is open for the mothership sector.
    To prevent an allocation from being exceeded, regulations at 50 CFR 
660.323

[[Page 29432]]

(e) allows 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 on 
June 1, 2009 by fax and internet.

NMFS Action

    This action announces the closure of the Pacific whiting primary 
season for the mothership sector only. The best available information 
on June 1, 2009, indicated that the mothership harvest guideline would 
be reached by 10:00 p.m. l.t. (2200 hours), June 1, 2009, at which time 
the primary season for the mothership sector ended and further at-sea 
processing and receipt of whiting by a mothership, or taking and 
retaining, possessing, or landing of whiting by a catcher boat in the 
mothership sector, was prohibited. For the reasons stated above, and in 
accordance with the regulations at 50 CFR 660.323(b)(2), NMFS herein 
announces that effective 10:00 p.m. l.t. June 1, 2009--(1) further 
receiving or at-sea processing of whiting by a mothership is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a mothership may continue to 
process whiting that was on board before at-sea processing was 
prohibited, and (2) whiting may not be taken and retained, possessed, 
or landed by a catcher vessel participating in the mothership sector.

Classification

    This action is authorized by the regulations implementing 
thegroundfish 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 inspectionat 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 delayed in order to 
provide notice and comment, it would allow the allocation for the 
mothership sector of the fishery to be greatly exceeded.
    A delay to provide a cooling off period also would be expected to 
cause the fishery to exceed its allocation. Therefore, good cause also 
exists to waive the 30-day delay in effectiveness requirement of 5 
U.S.C. 553 (d)(3).
    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: June 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-14609 Filed 6-19-09; 8:45 am]
BILLING CODE 3510-22-S