[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Pages 6997-6998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3022]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080408542-8615-01]
RIN 0648-XM20


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 4,000 metric tons (mt) of the shore-
based sector allocation and 6,000 mt of the mothership sector 
allocation would not be used by December 31, 2008. Therefore, NMFS has 
reapportioned the surplus whiting to the catcher/processor sector of 
the fishery.

DATES: Effective from 1400 local time (l.t.) November 26, 2008, until 
December 31, 2008, unless modified, superseded or rescinded. Comments 
will be accepted through February 27, 2009.

ADDRESSES: You may submit comments, identified by the RIN number 0648-
XM20, 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: Barry A. Thom, Acting Regional 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 (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.

[[Page 6998]]


FOR FURTHER INFORMATION CONTACT: Becky Renko, telephone: 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 Pacific whiting is 232,545 
mt. Regulations at 50 CFR 660.323(a)(2) divide the commercial Pacific 
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 Pacific whiting. 
The mothership sector is composed of catcher vessels that harvest 
Pacific whiting and mothership vessels that process, but do not 
harvest. The shore-based sector is composed of vessels that harvest 
Pacific whiting for delivery to land-based processors. Each commercial 
sector receives a portion of the commercial OY. For 2008 the catcher/
processors initially 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).
    On November 5, 2008, 20,000 mt of the 97,669 mt shore-based 
sector's allocation was reapportioned to the catcher/processor and 
mothership sectors (73 FR 72739, December 1, 2008). The revised Pacific 
whiting allocations by sector as of November 6, 2008 were: catcher/
processor 90,789 mt, mothership 64,087 mt, and shore-based 77,669 mt. 
On November 18, 2008, an additional 15,000 mt of the shore-based 
sector's allocation was reapportioned to the catcher/processor sector 
(73 FR 72739, December 1, 2008). The revised Pacific whiting 
allocations by sector as of November 18, 2008 were: catcher/processor 
105,789 mt, mothership 64,087 mt, and shore-based 62,669 mt.
    The best available information on November 26, 2008, indicated that 
4,000 mt of the shore-based sector allocation and 6,000 mt of 
mothership sector allocation would not be used by December 31, 2008. 
Therefore the surplus Pacific whiting was reapportioned from the shore-
based and mothership sectors to the catcher/processor sector on 
November 26, 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 4,000 mt of Pacific 
whiting from the shore-based sector and 6,000 mt of Pacific whiting 
from the mothership sector to the catcher/processor sector at 1400 
local time November 26, 2008. As of November 26, 2008, the revised 
Pacific whiting allocations by sector for 2008 were: catcher/processor 
115,789 mt, mothership 64,087 mt, and shore-based 77,669 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.
    This action is 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 Pacific whiting unharvested. In addition, the 
catcher/processors 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 
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: February 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3022 Filed 2-11-09; 8:45 am]
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