Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 37177 

of Pacific whiting had been taken 

through July 3, 2009 and that the shorebased 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket NO. 080226308–9700–02] 

RIN 0648–AW50 

Fisheries Off West Coast States; 

Highly Migratory Species Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

initiate collection of a permit fee for 

vessel owners participating in 

commercial and charter recreational 

fishing for highly migratory species 

(HMS) in the Exclusive Economic Zone 

(EEZ) off the West Coast of California, 

Oregon, and Washington. The HMS 

permits are issued under implementing 

regulations for the Fishery Management 

Plan for U.S. West Coast Fisheries for 

Highly Migratory Species (HMS FMP). 

DATES: This final rule is effective August 

27, 2009. 

ADDRESSES: Rodney R. McInnis, 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean Blvd., 

Suite 4200, Long Beach, CA 90802 4213. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to the Southwest 

Region and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Chris Fanning, Permits Coordinator, 

Sustainable Fisheries Division, NMFS, 

562–980–4198. 

SUPPLEMENTARY INFORMATION: On April 

7, 2004, NMFS published a final rule to 

implement the HMS FMP (69 FR 18444) 

that included mandatory permit 

requirements at 50 CFR 660.707. The 

HMS FMP permit requirements 

included authority to collect permit fees 

which NMFS opted not to exercise at 

that time. NMFS is now exercising the 

option to charge an administrative fee 

for the recovery of HMS permit 

processing and issuance expenses as 

authorized under Section 303(b)(1) of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), 16 U.S.C. 1853(b)(1). Section 

304(d) of the MSA specifies that such 

fees may not exceed the administrative 

costs of issuing the permits. This final 

rule specifies that an application for an 

HMS permit, including the renewal of 

an existing permit, must include a fee 

payable by the vessel owner. The 

amount of the fee will be determined in 

accordance with the NOAA Finance 

Handbook available at (http:// 

www.corporateservices.noaa.gov/ 

∼finance/FinanceHandbook.htm) and 

specified on the application form. At 

this time, the fee amount is expected to 

be approximately $30. The proposed 

rule to require a permit fee was 

published in the Federal Register on 

December 19, 2008 (73 FR 77589), 

soliciting public comment through 

January 20, 2009. 

Comments and Responses 

NMFS did not receive any public 

comment on the proposed rule. 

Classification 

The Administrator, Southwest Region, 

NMFS, determined that this regulation 

is necessary for the conservation and 

management of the U.S. West Coast 

Fisheries for Highly Migratory Species 

and that it is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This final rule has been determined to 

be significant for purposes of Executive 

Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule contains a collectionof-information requirement subject to 

the Paperwork Reduction Act (PRA) 

which has been approved by OMB as an 

amendment to OMB Control No. 0648– 

0204. Public reporting burden for the 

payment of HMS permit fees is 

estimated to average 5 minutes or less 

per response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. Send comments regarding 

this burden estimate, or any other aspect 

of this data collection, including 

suggestions for reducing the burden, to 

NMFS (see ADDRESSES) and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. Notwithstanding any 


erowe on DSK5CLS3C1PROD with RULES
37178 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 

other provision of the law, no person is 

required to respond to, nor shall any 

person be subject to a penalty for failure 

to comply with, a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB Control Number. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: July 23, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for 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 THE WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. A new paragraph (e) is added to 

§ 660.707 to read as follows: 

§ 660.707 Permits. 

* * * * * 

(e) Fees. An application for a permit, 

or renewal of an existing permit under 

paragraph (b)(1) of this section will 

include a fee for each vessel. The fee 

amount required will be calculated in 

accordance with the NOAA Finance 

Handbook and specified on the 

application form. 

[FR Doc. E9–17936 Filed 7–27–09; 8:45 am] 

BILLING CODE 3510–22–S 


erowe on DSK5CLS3C1PROD with RULES