31874 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

capabilities directly will be assured they 

have access to capabilities under 

reasonable rates, terms, and conditions, 

thereby minimizing significant 

economic impact on small entities. 

Ordering Clauses 

81. Accordingly, it is ordered that 

pursuant to sections 1, 4(i)–(j), 251(e) 

and 303(r) of the Communications Act 

of 1934, as amended, 47 U.S.C. 151, 

154(i)–(j), 251(e), 303(r), and section 101 

of the NET 911 Act, the Report and 

Order in WC Docket No. 08–171 is 

adopted, and that part 9 of the 

Commission’s Rules, 47 CFR part 9, is 

added as set forth in the rule changes. 

Effective October 5, 2009, except for 

§ 9.7(a) which contains information 

collection requirements that have not 

been approved by the Office of 

Management and Budget (OMB). 

82. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 9 

Communications, Interconnected 

Voice over Internet Protocol Services, 

Telephone. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

Final Rules 

■ For the reasons discussed in the 

preamble, part 9 of Title 47 of the Code 

of Federal Regulations is amended to 

read as follows: 

PART 9–INTERCONNECTED VOICE 

OVER INTERNET PROTOCOL 

SERVICES 

■ 1. The authority citation for part 9 is 

amended to read as follows: 

Authority: 47 U.S.C. 151, 154(i)–(j), 251(e), 

303(r), and 615a–1 unless otherwise noted. 

■ 2. Section 9.1 is revised to read as 

follows. 

§ 9.1 Purposes. 

The purposes of this part are to set 

forth the 911 and E911 service 

requirements and conditions applicable 

to interconnected Voice over Internet 

Protocol service providers, and to 

ensure that those providers have access 

to any and all 911 and E911 capabilities 

they need to comply with those 911 and 

E911 service requirements and 

conditions. 

■ 3. Section 9.3 is amended by adding 

in alphabetical order definitions of 

‘‘Automatic Location Information (ALI)’’ 

and ‘‘CMRS’’ to read as follows. 

§ 9.3 Definitions. 

* * * * * 

Automatic Location Information 

(ALI). Information transmitted while 

providing E911 service that permits 

emergency service providers to identify 

the geographic location of the calling 

party. CMRS. Commercial Mobile Radio 

Service, as defined in § 20.9 of this 

chapter. 

* * * * * 

■ 4. Section 9.7 is added to read as 

follows. 

§ 9.7 Access to 911 and E911 service 

capabilities. 

(a) Access. Subject to the other 

requirements of this part, an owner or 

controller of a capability that can be 

used for 911 or E911 service shall make 

that capability available to a requesting 

interconnected VoIP provider as set 

forth in paragraphs (a)(1) and (a)(2) of 

this section. 

(1) If the owner or controller makes 

the requested capability available to a 

CMRS provider, the owner or controller 

must make that capability available to 

the interconnected VoIP provider. An 

owner or controller makes a capability 

available to a CMRS provider if the 

owner or controller offers that capability 

to any CMRS provider. (2) If the owner 

or controller does not make the 

requested capability available to a 

CMRS provider within the meaning of 

paragraph (a)(1) of this section, the 

owner or controller must make that 

capability available to a requesting 

interconnected VoIP provider only if 

that capability is necessary to enable the 

interconnected VoIP provider to provide 

911 or E911 service in compliance with 

the Commission’s rules. 

(b) Rates, terms, and conditions. The 

rates, terms, and conditions on which a 

capability is provided to an 

interconnected VoIP provider under 

paragraph (a) of this section shall be 

reasonable. For purposes of this 

paragraph, it is evidence that rates, 

terms, and conditions are reasonable if 

they are: 

(1) The same as the rates, terms, and 

conditions that are made available to 

CMRS providers, or 

(2) In the event such capability is not 

made available to CMRS providers, the 

same rates, terms, and conditions that 

are made available to any 

telecommunications carrier or other 

entity for the provision of 911 or E911 

service. 

(c) Permissible use. An interconnected 

VoIP provider that obtains access to a 

capability pursuant to this section may 

use that capability only for the purpose 

of providing 911 or E911 service in 

accordance with the Commission’s 

rules. 

[FR Doc. E9–15822 Filed 7–2–09; 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–AX96 

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. 

DATES: Effective 0001 hours (local time) 

July 1, 2009. Comments on this final 

rule must be received no later than 5 

p.m., local time on August 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX96 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 Regional 

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 


cprice-sewell on PROD1PC69 with RULES
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31875 

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). This final 

rule was subsequently amended by an 

inseason action on April 27, 2009 (74 

FR 19011). 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 June 13–18, 2009, 

meeting in Spokane, Washington. The 

Council recommended adjustments to 

current groundfish management 

measures to respond to updated fishery 

information and other inseason 

management needs. The projected 

impacts to four of the seven overfished 

species (canary, widow, and 

darkblotched rockfishes and Pacific 

ocean perch) will increase slightly with 

the adjustments to the sablefish 

cumulative limits and Rockfish 

Conservation Area (RCA) boundary 

changes in the limited entry nonwhiting trawl fishery north of 40 10.00’ 

N. lat. However, these impacts, when 

combined with the impacts from all 

other fisheries, are not projected to 

exceed the 2009 rebuilding OYs for 

these species. All other adjustments to 

non-trawl fishery management measures 

are 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 Non-Whiting Trawl 

Fishery Management Measures 

The most recently available fishery 

information indicates that catches of 

sablefish are lower than previously 

projected. Sablefish is a healthy target 

species that is caught coastwide. Based 

on the most recent fishery information 

(dated May 31, 2009), catch projections 

through the end of 2009 indicate that, 

absent regulatory changes, only 3,004 

mt of the 3,280 mt sablefish allocation 

will be harvested. The Council 

considered options for changes to 

management measures to allow 

additional access to sablefish in the 

limited entry non-whiting trawl fishery. 

Under current regulations, the trawl 

fishery south of 40° 10.00’ N. lat. has 

greater opportunities for harvest during 

summer months than the trawl fishery 

north of 40°10.00’ N. lat. due to more 

favorable weather conditions. Because 

of these temporal and spatial differences 

in favorable weather, increases to trip 

limits and/or RCA adjustments would 

be most useful for fisheries north of 40° 

10.00’ N. lat., allowing for additional 

harvest opportunities during brief times 

of good weather in the North. 

The Council considered trip limit 

increases and changes to RCA 

boundaries to allow additional harvest 

of this healthy stock, and the potential 

impacts to overfished species. The 

modest increases to trip limits, 

combined with opening the area 

shoreward of the RCA between the 

boundary line approximating the 75–fm 

(137–m) depth contour and the 

boundary line approximating the 100– 

fm (183–m) depth contour, result in 

slightly higher projected impacts to 

canary rockfish, Pacific Ocean perch, 

darkblotched rockfish, and widow 

rockfish than were projected for the 

limited entry non-whiting trawl fishery 

at the beginning of the year. However, 

even with the slight increase in impacts 

for these overfished species, when 

combined with the projected impacts 

from all other fisheries, none of the 2009 

OYs for these rebuilding species are 

projected to be exceeded. 

Therefore, the Council recommended 

and NMFS is implementing the 

following increases to sablefish 

cumulative limits north of 40° 10.00’ N. 

lat. on July 1, 2009: increase cumulative 

trip limits, caught using large and small 

footrope gear, from ‘‘22,000 lb/2 

months’’ in July October to ‘‘24,000 lb/ 

2 months’’ and increase limits from 

‘‘18,000 lb/ 2 months’’ in NovemberDecember to ‘‘20,000 lb/ 2 months’’; 

increase cumulative trip limits, caught 

using selective flatfish trawl gear and 

multiple gears, from ‘‘7,500 lb/ 2 

months’’ in July-October and ‘‘5,000 lb/ 

2 months’’ in November-December to 

‘‘11,000 lb/ 2 months’’. 

The Council also recommended and 

NMFS is implementing the following 

changes to the trawl RCA boundary 

lines between Cape Alava (48 10.00’ N. 

lat.) and 40° 10.00’ N. lat.: open the 

fishing area between the boundary line 

approximating the 75–fm (137–m) depth 

contour and the boundary line 

approximating the 100–fm (183–m) 

depth contour, by shifting the 

shoreward boundary of the non-trawl 

RCA boundary from the boundary line 

approximating the 75–fm (137–m) depth 

contour to the boundary line 

approximating the 100–fm (183–m) 

depth contour in this area, beginning on 

July 1, 2009. 

The Council also considered the most 

recently available fishery information 

which indicated that catch estimates of 

petrale sole through the end of the year 

(2,494 mt) were projected to exceed the 

2009 petrale sole OY of 2,433 mt. 

Petrale sole landing estimates indicate 

that the higher than expected catch was 

primarily attributed to the extended 

winter fishery in early 2009. During the 

2009–2010 specifications and 

management measures the JanuaryFebruary management measures that 

allow for additional access to winter 

petrale sole aggregations were extended 

to run through March. At the beginning 

of 2009, projected catch was expected to 

remain below the 2009 petrale sole OY. 


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However catches in January-March 

accrued more quickly than anticipated. 

Therefore, the Council considered 

available options to reduce petrale sole 

catches inseason to keep projected 

impacts below the 2009 petrale sole OY 

of 2,433 mt. 

In addition to inseason management 

to keep catches of petrale sole below the 

2009 OY, the Council considered the 

preliminary results of the 2009 petrale 

sole stock assessment that indicates the 

stock is less healthy than previously 

thought. The preliminary stock 

assessment indicates that if the entire 

2009 and 2010 OYs are taken, then the 

stock will start the 2011–2012 biennium 

in an overfished status, triggering a 

rebuilding plan and likely very large 

catch reductions for this very important 

commercial stock. Therefore, the 

Council identified a Point of Concern 

under the Groundfish FMP for petrale 

sole and NMFS will analyze potential 

management measures developed by the 

Groundfish Management Team (GMT), 

an advisory body to the Council, and 

issue a proposed rule for 2009–2010 to 

prevent petrale sole from becoming 

overfished in 2011. The intention is 

that, if necessary after consideration of 

the final stock assessment, public 

comment, and Council advice, the final 

rule will put in place measures to 

reduce petrale sole catch for November 

1, 2009 through the remainder of the 

year and for 2010. 

To allow for additional management 

flexibility for a species with an 

identified Point of Concern, the Council 

recommended reductions in the petrale 

sole trip limits to prevent exceeding the 

2009 petrale sole OY, for period 5 

(September-October), rather than for 

period 6 (November-December), as the 

GMT had initially recommended. 

Therefore, the Council recommended 

and NMFS is implementing the 

following decreases to petrale sole 

cumulative limits coastwide during 

period 5 (September-October): decrease 

cumulative trip limits, caught using 

large and small footrope gear north of 

40° 10.00’ N. lat., from ‘‘110,000 lb 

(49,895 kg) per 2 months, no more than 

30,000 lb (13,608 kg) per 2 months of 

which may be petrale sole’’ to ‘‘110,000 

lb (49,895 kg) per 2 months, no more 

than 5,000 lb (2,268 kg) per 2 months of 

which may be petrale sole≥; decrease 

cumulative trip limits, caught using 

selective flatfish trawl gears and 

multiple gears north of 40° 10.00’ N. lat., 

from ‘‘90,000 lb (40,823 kg) per 2 

months, no more than 18,000 lb (8,165 

kg) per 2 months of which may be 

petrale sole’’ to ‘‘90,000 lb (40,823 kg) 

per 2 months, no more than 5,000 lb 

(2,268 kg) per 2 months of which may 

be petrale sole’’; and decrease 

cumulative trip limits, caught using all 

trawl gears south of 40° 10.00’ N. lat., 

from ‘‘110,000 lb (49,895 kg) per 2 

months, no more than 30,000 lb (13,608 

kg) per 2 months of which may be 

petrale sole’’ to ‘‘110,000 lb (49,895 kg) 

per 2 months, no more than 5,000 lb 

(2,268 kg) per 2 months of which may 

be petrale sole’’. 

Limited Entry Fixed Gear and Open 

Access Fishery Management Measures 

California Scorpionfish (Scorpaena 

guttata) 

California scorpionfish is a healthy 

stock that occurs primarily South of 36 

N. lat. and is fished South of Point 

Conception (34° 27’ N. lat.). The stock 

was last assessed in 2005, and is 

estimated to be above 40 percent of the 

unfished biomass. Total mortality of 

California scorpionfish has been well 

below the harvest specifications in 

recent years, and in 2007 only 68 mt of 

the 2007 California scoprionfish OY of 

175 mt was harvested (39 percent of the 

OY). The Council considered increases 

to trip limits to allow additional harvest 

of this healthy stock, and the potential 

impacts to overfished species. Harvest 

of California scorpionfish occurs in 

shallow nearshore waters primarily 

south of 34° 27.00’ N. lat. and 

scorpionfish are caught in conjunction 

with other California State managed 

nearshore species. Nearshore fishery 

information indicates that there are 

relatively few interactions with 

overfished species at these depths and 

latitudes. Therefore, no impacts to 

overfished species are expected. 

Therefore, the Council recommended 

and NMFS is implementing trip limit 

changes for the limited entry fixed gear 

and open access fishery South of 40° 

10.00’ N. lat. that increase California 

scorpionfish trip limits from 800 lb (363 

kg) per 2 months in July-October and 

from 600 lb (272 kg) per 2 months in 

November-December to 1,200 lb (544 kg) 

per 2 months from July-December. 

Minor Nearshore and Black Rockfish 

Trip Limits North of 40° 10.00’ N. lat. 

Black rockfish is a nearshore rockfish 

species that was assessed in 2007 as two 

separate stocks, and therefore the 

harvest specifications are divided at the 

Washington/Oregon border (46° 16.00’ 

N. lat.). The 2009 black rockfish OY for 

the area south of 46° 16.00’ N. lat. is 

1,000 mt. Oregon and California work 

cooperatively to manage their nearshore 

fisheries (both commercial and 

recreational) to approach but not exceed 

the black rockfish OY in this area. The 

2009 black rockfish commercial 

allocation for California is 185 mt. At 

their June meeting, the Council 

considered the most recent projected 

impacts to black rockfish in the 

commercial non-trawl fisheries off the 

California coast through the rest of the 

year. These estimates indicated that 

under the current trip limit structure, 

catch was estimated to be only 74 mt. 

However, recent landings information 

indicates that trip limits for minor 

nearshore rockfish and black rockfish 

were not being attained south of 40° 

10.00’ N. lat.; and therefore increases in 

trip limits were only considered for the 

area between 42° N. lat. and 40° 10.00’ 

N. lat. 

The Council considered increases to 

black rockfish trip limits to allow 

additional harvest of this healthy stock, 

and the potential impacts to overfished 

species. An increase in trip limits is not 

anticipated to increase projected 

impacts to overfished species, because 

projected impacts to overfished species 

are calculated assuming that a much 

larger portion of the black rockfish 

allocation is harvested. The Council also 

considered the potential for increased 

impacts to blue rockfish if the trip limit 

were increased leaving the current 

minor nearshore rockfish and black 

rockfish trip limit structure as ‘‘no more 

than 1,200 lb (544 kg) may be species 

other than black or blue rockfish’’. 

There was a concern that increasing the 

overall limit, while leaving the trip limit 

structure to exclude both black and blue 

rockfish from the sub-limit, would 

increase blue rockfish catch and could 

potentially exceed the allocation, and in 

turn the OY for blue rockfish. The 

Council, however, received new 

information that the 20–fm (37–m) 

depth contour restriction has reduced 

nearshore fishery interactions with blue 

rockfish. 

Therefore, the Council recommended 

and NMFS is implementing trip limit 

changes for minor nearshore and black 

rockfish in the limited entry fixed gear 

and open access fishery between 42° N. 

lat. and 40° 10.00’ N. lat.: from ‘‘6,000 

lb (2,722 kg) per two months, no more 

than 1,200 lb (544 kg) of which may be 

species other than black or blue 

rockfish’’ to ‘‘7,000 lb (3,175 kg) per two 

months, no more than 1,200 lb (544 kg) 

of which may be species other than 

black rockfish’’ on July 1. 

Limited Entry Fixed Gear 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. The Council implemented a 


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precautionary adjustment that 

moderately raised the daily, weekly and 

bi-monthly trip limits for sablefish in 

this fishery on May 1, 2009 (74 FR 

19011). At their June 13–18, 2009 

meeting the Council considered 

industry requests to further increase trip 

limits in this fishery. The best and most 

recently available fishery information 

indicates that, even with the May 1, 

2009 inseason adjustments, the entire 

sablefish allocation would not be 

harvested through the end of the year. 

To provide additional harvest 

opportunities for this healthy stock, the 

Council considered a modest increase to 

the two-month cumulative trip limit 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. The 

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

1 landing per week of up to 1,500 lb 

(680 kg), not to exceed 6,000 lb (2,722 

kg) per 2 months’’ beginning in period 

4, on July 1. 

Open Access Sablefish DTL Fishery 

The most recent catch information 

from 2009 fisheries (May 31, 2009) 

indicates that catches of sablefish north 

of 36° N. lat. are lower than previously 

anticipated. Without any changes to 

current management measures, catches 

in this fishery through the end of the 

year are projected to be below the 2009 

sablefish allocation. To provide 

additional harvest opportunities for this 

healthy stock, the Council considered 

increasing trip limits for sablefish in 

this fishery and the potential impacts on 

overall sablefish and overfished species 

catch levels. The Council considered 

modest increases to the weekly and bimonthly limits for sablefish in the open 

access fishery in order to approach, but 

not exceed, the 2009 sablefish OY. This 

modest 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 an increase 

for the open access fishery trip limits 

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 2,400 lb (1,089 kg) per 

2 months’’ to ‘‘300 lb (136 kg) per day, 

or 1 landing per week of up to 950 lb 

(431 kg), not to exceed 2,750 lb (1,247 

kg) per 2 months’’ beginning in period 

4, on July 1. 

In addition to the revisions to Tables 

3 (North), 3 (South), 4 (North), 4 

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

660, subpart G described above, nonsubstantive technical edits are made to 

the RCA description in lines 1–6 and in 

footnotes 5 and 6 of these tables to 

clarify that the boundary lines of the 

RCA are described by latitude and 

longitude coordinates that, when 

connected in the order listed, create a 

line that approximates the depth 

contour. In most cases, the RCA is not 

defined by the depth contour itself. 

These technical edits were made at the 

request of NMFS Enforcement agents. 

Classification 

These actions are taken under the 

authority of 50 CFR 660.370(c) and are 

exempt from review under Executive 

Order 12866. 

These inseason adjustments are taken 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), and are in accordance with 50 CFR 

part 660, the regulations implementing 

the FMP. 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 July 1, 2009, or as 

quickly as possible thereafter. 

The recently available data upon 

which these recommendations were 

based was provided to the Council, and 

the Council made its recommendations, 

at its June 13–18, 2009, meeting in 

Spokane, WA. The Council 

recommended that these changes be 

implemented on or as close as possible 

to July 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 to 

allow fishermen an opportunity to 

harvest higher limits in 2009 for 

sablefish, black rockfish, chilipepper 

rockfish and California scorpionfish 

beginning July 1, 2009, and to prevent 

exceeding the 2009 petrale sole OY by 

reducing cumulative limits in 

September-October. The reduction in 

cumulative limits for petrale sole in 

September-October will give additional 

management flexibility for petrale sole 

in the winter of 2009 and beyond. The 

restructuring of the minor nearshore and 

black rockfish trip limit must be in 

place by July 1 or else a mid-period 

change would cause confusion for the 

fishermen and problems for 

enforcement. 

Modifications to the trawl RCA and 

increases to cumulative limits for: 

sablefish in the limited entry trawl 

fishery, the limited entry fixed gear 

fishery, and the open access fishery; 

chilipepper in the limited entry trawl 

fishery; and California scorpionfish and 

black rockfish in the limited entry fixed 

gear fishery and the open access fishery, 

are necessary to 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 July 1, 2009, so that 

fishermen are allowed increased 

opportunities to harvest available 

healthy stocks and meet the objective of 


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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 July 1 allows 

additional harvest in fisheries that are 

important to coastal communities. 

Changes to petrale sole trip limits in 

the limited entry trawl fishery must be 

implemented in a timely manner by 

September 1, 2009, to prevent the total 

mortality of petrale sole from exceeding 

the 2009 OY. Failure to make this 

change to the petrale sole OY by 

September 1, 2009 could reduce 

management flexibility in NovemberDecember 2009 and beyond by allowing 

too much harvest during the year and 

forcing potentially much larger 

reductions in cumulative limits during 

winter months. 

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 for petrale sole. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian Fisheries. 

Dated: June 29, 2009. 

Alan D. Risenhoover, 

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 

USC 773 et seq. 

■ 2. Tables 3 (North), 3 (South), 4 

(North), 4 (South), 5 (North), and 5 

(South) to part 660, subpart G are 

revised to read as follows: 

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[FR Doc. E9–15840 Filed 6–30–09; 4:15 pm] 

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