[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37176-37177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17930]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-XQ39


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Closure of the Primary Pacific Whiting Season for the Shore-
Based Sector

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

ACTION: Fishing closure restrictions.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the closure of the primary season for the 
Pacific whiting fishery for the shore-based sector at 10 a.m. local 
time (l.t.) July 7, 2009. 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 a.m. l.t. July 7, 2009, until the start of the 
2010 primary season for the shore-based sector, unless modified, 
superseded or rescinded by notification in the Federal Register.

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. Regulations at 50 CFR 660.323(a) established separate 
allocations for the catcher/processor, mothership, and shore-based 
sectors of the Pacific whiting fishery. The 2009 Optimum Yield (OY) for 
Pacific whiting is 135,939 mt. The 2009 commercial OY is 81,939 mt. The 
commercial OY 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). When each sector's 
allocation is reached, the primary season for that sector is ended.
    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, regulations at 50 CFR 660.323(c) allow the Regional 
Administrator to 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 
shore-based sector received an additional 7,649 mt, resulting in a 
harvest guideline of 42,063 mt.
    The shore-based sector is composed of vessels that harvest Pacific 
whiting for delivery to land-based processors. The primary season for 
the shore-based 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.
    The best available information on July 6, 2009 indicated that 
32,933 mt of Pacific whiting had been taken through July 3, 2009, and 
the 42,063 mt allocation for the shore-based sector would be reached by 
10 a.m. on July 7, 2009. This Federal Register notice announces the 
date that the primary season for the shore-based sector was ended. 
Regulations at 50 CFR 660.323(b)(4) allow this action to be taken. To 
prevent an allocation from being exceeded, regulations at 50 CFR 
660.323(e) allow closure of the commercial Pacific 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 and fax on July 6, 2009.

NMFS Action

    This document announces achievement of the shore-based sector 
allocation specified at 50 CFR 660.323(a) and in the final rule 
published on May 5, 2009 (74 FR 20620). The best available information 
on July 6, 2009, indicated that 32,933 mt

[[Page 37177]]

of Pacific whiting had been taken through July 3, 2009 and that the 
shore-based allocation would be reached by 10 a.m. on July 7, 2009. For 
the reasons stated here and in accordance with the regulations at 50 
CFR 660.323(b)(4), NMFS herein announces: Effective 10 a.m. July 7, 
2009 the Pacific whiting shoreside fishery was closed.

Classification

    This action is authorized by the regulations implementing the 
groundfish FMP. The determination to take this action was based on the 
most recent data available. The aggregate data upon which the 
determinations were 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 delayed in order to 
provide notice and comment, it would allow the allocation for the 
shore-based sector to be exceeded, which would either reduce the amount 
available to the catcher/processor sector or cause the OY to be 
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: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17930 Filed 7-27-09; 8:45 am]
BILLING CODE 3510-22-S