[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Rules and Regulations]
[Pages 33196-33197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14075]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100421192-0193-01]
RIN 0648-XW80
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 Pacific whiting (whiting)
fishery primary season for the shore-based sector south of 42[deg] N.
lat. at 8 p.m. local time (l.t.) May 16, 2010. ``Per trip'' limits for
whiting were reinstated until 0001 hours June 15, 2010, 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 2010 allocation levels.
DATES: Effective from 8 p.m. l.t. May 16, 2010, until 0001 hours June
15, 2010.
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 2010 commercial
Optimum Yield (OY) for Pacific whiting is 140,996 mt. This is
calculated by deducting the 49,939 mt tribal allocation and 3,000 mt
for research catch and bycatch in non-groundfish fisheries from the
193,935 mt U.S. total catch OY. Each sector receives a portion of the
commercial OY, with the catcher/processors getting 34 percent (47,939
mt), motherships getting 24 percent (33,839 mt), and the shore-based
sector getting 42 percent (59,218 mt). The regulations further divide
the shore-based allocation so that no more than 5 percent (2,961 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 5-percent allocation is intended to minimize incidental catch of
Chinook salmon.
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 2010: 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, 2010.
Because the 2,961 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 primary season south of 42[deg] N. lat. was reinstated and remains
in effect until the primary season fishery opens coastwide on 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.
[[Page 33197]]
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 14 and 15, 2010.
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 14, 2010,
indicated that 1,289 mt of whiting was taken through May 12, 2010 and
that the 2,961 mt shore-based allocation for the early season fishery
south of 42[deg] N. lat. would be reached by 8 p.m. l.t., May 16, 2010.
For the reasons stated here and in accordance with the regulations at
50 CFR 660.323(b)(4), NMFS herein announces: Effective 8 p.m. l.t. May
16, 2010, until 0001 l.t., June 15, 2010, 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 2010 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 7, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-14075 Filed 6-10-10; 8:45 am]
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