[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72739-72740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28468]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080408542-8615-01]
RIN 0648-XK69


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Pacific Whiting Allocation

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

ACTION: Reapportionment of surplus Pacific whiting allocation; request 
for comments.

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SUMMARY: NMFS has determined that 35,000 metric tons (mt) of the 97,669 
mt shore-based sector allocation would not be used by December 31, 
2008. Therefore, NMFS has reapportioned the surplus whiting to the 
other sectors in the fishery.

DATES: The 20,000 mt reallocation was effective from 0001 local time 
(l.t.) November 6, 2008, and the 15,000 mt allocation was effective 
from 1400 l.t. November 18, 2008, until the December 31, 2008, unless 
modified, superseded or rescinded. Comments will be accepted through 
December 16, 2008.

ADDRESSES: You may submit comments, identified by the RIN number 0648- 
XK69, 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: Becky Renko
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky Renko
    Instructions: All comments received are a part of the public record 
and will 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. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Fisheries, Northwest Region, NMFS, 
7600 Sand Point Way NE, Seattle, WA 98115 0070; tel: 206-526-6110; fax: 
206-526-6736; or, e-mail: [email protected].

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 2008 non-tribal commercial OY for whiting is 232,545 mt. 
Regulations at 50 CFR 660.323(a)(2) divide the commercial whiting 
optimum yield (OY) into separate allocations for the catcher/processor, 
mothership, and shore-based sectors. The catcher/processor sector is 
composed of vessels that harvest and process whiting. The mothership 
sector is composed of catcher vessels that harvest whiting and 
mothership vessels that process, but do not harvest whiting. The shore-
based sector is composed of vessels that harvest whiting for delivery 
to land-based processors. Each commercial sector receives a portion of 
the commercial OY. For 2008 the catcher/processors received 34 percent 
(79,065 mt), the motherships received 24 percent (55,811 mt), and the 
shore-based sector received 42 percent (97,669 mt).
    The best available information on November 5, 2008, indicated that 
20,000 mt of the 97,669 mt shore-based sector(s allocation would not be 
used by December 31, 2008. Therefore, on November 5, 2008 NMFS 
reapportioned the surplus whiting. Such reapportionments are disbursed 
to the other sectors in the same proportion as each sector's allotted 
portion of the commercial OY. Facsimiles directly to fishing businesses 
and postings on the Northwest Regions internet site were used to 
provide actual notice to the affected fishers.
    The best available information on November 18, 2008, indicated that 
an additional 15,000 mt of the revised 77,669 mt shore-based sector's 
allocation would not be used by December 31, 2008. Therefore an 
additional surplus of 15,000 mt of whiting was reapportioned from the 
shore-based sector to the catcher/processor sector at 1400 local time 
November 18, 2008. Facsimiles directly to fishing businesses and 
postings on the Northwest Regions internet site were used to provide 
actual notice to the affected fishers.

NMFS Action

    This action announces the reapportionment of 20,000 mt of whiting 
from the shore-based sector to the catcher/processor and mothership 
sectors at 0001 local time November 6, 2008. The revised Pacific 
whiting allocations by sector for 2008 as of November 6, 2008 were: 
catcher/processor 90,789 mt, mothership 64,087 mt, and shore-based 
77,669 mt. This action also announces the reapportionment of 15,000 mt 
of whiting from the shore-based sector to the catcher/processor sector 
at 1400 local time November 18, 2008. The revised Pacific whiting 
allocations by sector as of November 18, 2008 are: catcher/processor 
105,789 mt, mothership 64,087 mt, and shore-based 62,669 mt.

Classification

    The determinations to take these actions were 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.
    These actions are authorized by the regulations implementing the 
FMP. The Assistant Administrator for Fisheries, NMFS, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
comment on these actions pursuant to 5 U.S.C. 553 (3)(b)(B), because 
providing prior notice and opportunity would be impracticable. It would 
be impracticable because of the need for immediate action. NMFS has 
determined that providing an opportunity for prior notice and comment 
would be impractical and contrary to public interest. Delay of this 
action would leave whiting unharvested. In addition, the catcher/
processors and motherships needed an immediate reallocation if they 
were to keep their workers employed. For these same reasons the agency 
finds good cause to waive the 30-day delay in effectiveness. These 
actions are taken under the authority of 50 CFR 660.323(c), and are 
exempt from

[[Page 72740]]

review under Executive Order 12866. Actual notice of the 
reapportionments was provided to the affected fishers.

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

    Dated: November 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-28468 Filed 11-28-08; 8:45 am]
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