[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Rules and Regulations]
[Pages 39625-39626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-XI87
[Docket No. 080408542-8615-01]


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Suspension of the Primary Pacific Whiting Season for the 
Shore-based Sector South of 42[deg] North Latitude

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces the suspension of the primary season forPacific 
whiting (whiting) fishery for the shore-based sector south of 42[deg] 
N. lat. at noon local time (l.t.) May 21, 2008. ``Per trip'' limits for 
whiting were reinstated until 0001 hours June 15, 2008, at which time 
the primary season for the shore-based sector opened 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 2008 allocation levels.

DATES: Effective from noon l.t. May 21, 2008, until 0001 hours June 15, 
2008. Comments will be accepted through August 8, 2008.

ADDRESSES: You may submit comments, identified by RIN 0648-XI87 by any 
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: Becky Renko.
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky 
Renko.

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 2008 commercial 
Optimum Yield (OY) for Pacific whiting is 232,545 mt. This is 
calculated by deducting the 35,000-mt tribal allocation and 2,000-mt 
for research catch and bycatch in non-groundfish fisheries from the 
269,545 mt total catch OY. Each sector receives a portion of the 
commercial OY, with the catcher/processors getting 34 percent (79,065 
mt), motherships getting 24 percent (55,810 mt), and the shore-based 
sector getting 42 percent (97,669 mt). The regulations further divide 
the shore-based allocation so that no more than 5 percent (4,883 mt) of 
the shore-based allocation may be taken in waters off the State of 
California before the primary season begins north of 42[deg] N. lat.
    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. Because whiting migrate from 
south to north during the fishing year, the shore-based primary whiting 
season begins earlier south of 42[deg] N. lat. than north. For 2008: 
the primary season for the shore-based sector between 42[deg]-
40[deg]30' N. lat. began on April 1; south of 40[deg]30' N. lat., the 
primary season began on April 15; and the fishery north of 42[deg] N. 
lat. is scheduled to begin June 15.
    Because the 4,883 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[deg] 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 remained 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 20, 2008.

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[deg] N. lat. The best available information on May 20, 2008, 
indicated that 4,521 metric tons (mt) of whiting was taken through May 
19, 2008 and that the 4,883 mt shore-based allocation for the early 
season fishery south of 42[deg] N. lat would be reached by noon May 21, 
2008. For the reasons stated here and in accordance with the 
regulations at 50 CFR 660.323(b)(4), NMFS herein announces: Effective 
noon l.t. May 21, 2008 until 0001 l.t., June 15, 2008, the primary 
whiting season south of 42[deg] 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[deg]-40[deg] 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

[[Page 39626]]

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[deg] 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[deg] 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 2008 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: July 7, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-15716 Filed 7-9-08; 8:45 am]
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