[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Rules and Regulations]
[Pages 67137-67138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30175]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-XT30


Magnuson-Stevens Act Provisions; Fisheries Off West The Coast 
States; Pacific Coast Groundfish Fishery; Pacific Whiting Allocation; 
Pacific Whiting Seasons

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

ACTION:  Temporary rule; reapportionment of surplus Pacific whiting 
allocation; request for comments.

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SUMMARY: This document announces the reapportionment of 1,325 mt of 
Pacific whiting from the shore-based sector to the catcher/processor 
sector.

DATES: The reapportionment of whiting is effective from 1200 local time 
(l.t.) December 7, 2009, until December 31, 2009, unless modified, 
superseded or rescinded. Comments will be accepted through January 4, 
2010.

ADDRESSES: You may submit comments, identified by 0648-XT30 and 
submitted by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 206-526-6737, Attn: Becky Renko
     Mail: Barry A. Thom, Acting Administrator, Northwest 
Region, NMFS, Attn: Becky Renko, 7600 Sand Point Way NE, Seattle, WA 
98115-0070.

FOR FURTHER INFORMATION CONTACT: Becky Renko, Northwest Region, NMFS, 
at 206 526 6110.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This notice is accessible via the Internet at the Office of the 
Federal Register's Website at http://www.gpoaccess.gov/fr/index.html.

Background

    This action is authorized by regulations implementing the Pacific 
Coast Groundfish Fishery Management

[[Page 67138]]

Plan (FMP), which governs the groundfish fishery off Washington, 
Oregon, and California.
    Regulations at 50 CFR 660.323(a)(2) divide the commercial Pacific 
whiting OY into separate allocations for the catcher/processor, 
mothership, and shore-based sectors. Each commercial sector receives a 
portion of the commercial OY. Regulations at 50 CFR 660.323 (c) provide 
for the reapportionment of Pacific whiting that the Regional 
Administrator determines will not be used during the year.
    The shore-based sector was closed on July 7, 2009 (July 28, 2008; 
74 FR 37176). The best available information on July 6, 2009 indicated 
that the 42,063 mt allocation for the shore-based sector would be 
reached by 10:00 a.m. on July 7, 2009. Data received after the closure 
indicated that the fishing rates slowed considerably in the last few 
days of the fishery, resulting in 1,382 mt of unharvested shore-based 
allocation.
    This document announces the reapportionment of 1,325 mt of shore-
based allocation to the catcher/processor sector resulting in the 
following commercial allocations for 2009: catcher/processor 35,376 mt, 
mothership 24,034 mt, and shore-based 40,738 mt. Facsimiles directly to 
fishing businesses and postings on the Northwest Regions internet site 
were used to provide actual notice to the affected fishers.

Classifications

    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: December 15, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-30175 Filed 12-17-09; 8:45 am]
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