[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Page 26983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13178]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-XP43


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.

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SUMMARY: NMFS announces the suspension of the primary season for 
Pacific whiting (whiting) fishery for the shore-based sector south of 
42[deg] N. lat. at noon local time (l.t.) May 14, 2009. ``Per trip'' 
limits for whiting were reinstated until 0001 hours June 15, 2009, at 
which time the primary season for the shore-based sector opens 
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 2009 
allocation levels.

DATES: Effective from noon l.t. May 14, 2009, until 0001 hours June 15, 
2009.

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 2009 commercial 
Optimum Yield (OY) for Pacific whiting is 81,939 mt. This 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). The regulations further divide the shore-based allocation 
so that no more than 5 percent (1,721 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 for vessels targeting Pacific 
whiting with mid-water gear. 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 2009: 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. Although the fishery opened in April, the 
vessels choose to delay fishing until May 1, 2009.
    Because the 1,721 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 remains 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 13, 2009.

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 13, 2009, 
indicated that 1,119 metric tons (mt) of whiting was taken through May 
11,2009 and that the 1,721 mt shore-based allocation for the early 
season fishery south of 42[deg] N. lat would be reached by noon May 14, 
2009. For the reasons stated here and in accordance with the 
regulations at 50 CFR 660.323(b)(4), NMFS herein announces: Effective 
noon May 14, 2009 until 0001 l.t., June 15, 2009, 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 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 2009 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: May 29, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13178 Filed 6-4-09; 8:45 am]
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