[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25315]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 940254-4104; I.D. 100594D]

 

Pacific Coast Groundfish Fishery

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces that further processing at sea of Pacific 
whiting (whiting) off Washington and Oregon was prohibited at 2 p.m. 
local time Wednesday, October 5, 1994. This action was authorized by 
the Pacific Coast Groundfish Fishery Management Plan (FMP) and was 
necessary to provide adequate amounts of whiting for shoreside 
processors and to achieve the allocations adopted for 1994.

DATES: Effective 2 p.m. (local time) October 5, 1994, through December 
31, 1994. Comments will be accepted until November 14, 1994. The 
aggregate data upon which the determination is based are available for 
public inspection at the Office of the Director, Northwest Region (see 
ADDRESSES) during business hours until November 14, 1994.

ADDRESSES: Submit comments to Mr. William Stelle, Jr., Director, 
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, 
Seattle, WA 98115-0070; or Mr. Rodney McInnis, Acting Director, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region, 
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 663.23(b)(4) 
allocate whiting in 1994-1996 between fishing vessels that deliver at 
sea (catcher/processors and catcher boats delivering to motherships) 
and those that deliver shoreside (see the final rule published at 59 FR 
17491, April 13, 1994). When 60 percent of the annual harvest guideline 
is taken, further at-sea processing is prohibited and the remaining 40 
percent is reserved for use by vessels delivering shoreside. The 
portion of the harvest guideline that the shoreside sector will not use 
by the end of the year, will be made available for harvest by all 
fishing vessels, whether delivering shoreside or at sea, by August 15 
or as soon as practicable thereafter. Whiting may be released at a 
later date if it becomes apparent that shore-based needs have been 
substantially over-estimated (50 CFR 663.23(b)(4)(ii).
    In 1994, the whiting harvest guideline is 260,000 metric tons (mt). 
Of this, 104,000 mt was set aside initially as a reserve for shoreside 
processing. At-sea processing of whiting was prohibited on May 13, 
1994, when 60 percent (156,000 mt) of the harvest guideline was 
projected to be reached (59 FR 25832, May 18, 1994). Shore-based 
production was evaluated in early August. No whiting was determined to 
be surplus to shore-based needs, so no release was made on August 15, 
1994.
    Shore-based production was reevaluated in late September. The NMFS 
Regional Director, Northwest Region, determined that of the 38,000 mt 
of the harvest guideline remaining after September 25, 1994, 16,000 mt 
were surplus to shore-based needs. This surplus was made available for 
at-sea processing on October 1, 1994 (59 FR 50857, October 6, 1994), 
with the remaining 22,000 mt in reserve for shore-based processing.
    The best available data on October 4, 1994 indicate that 
approximately 8,300 mt of whiting had been processed at sea through 
October 3, 1994, with a projected catch rate of 5,000 mt per day. At 
that rate, the 16,000-mt reserve release would be reached by 2 p.m. 
(local time) Wednesday, October 5, 1994. When the released amount is 
reached, or projected to be reached, further at-sea processing is 
prohibited.
    The regulations at 50 CFR 663.23(b)(4)(iv) state that in order to 
prevent exceeding the limits or underutilizing the resource, 
adjustments may be made effective immediately by actual notice to 
fishermen and processors, by phone, fax, Northwest Region computerized 
bulletin board (contact 206-526-6128), letter, press release, and/or 
U.S. Coast Guard Notice to Mariners (monitor channel 16 VHF), followed 
by publication in the Federal Register, in which instance public 
comment will be sought for a reasonable period of time thereafter. If 
insufficient time exists to consult with the Council, the Regional 
Director will inform the Council in writing of actions taken. The at-
sea processing industry was advised of this action by ``actual notice'' 
on October 4, 1994, to avoid exceeding the limit for at-sea processing. 
This Federal Register notice confirms the action.
    The Council will be informed by writing of this action.

Secretarial Action

    For the reasons stated above, and in accordance with 50 CFR 
663.23(b)(4)(iv), after 2 p.m. (local time) October 5, 1994, at-sea 
processing of whiting is prohibited (except for whiting that was on 
board the vessel prior to that time), and the taking and retaining, or 
receiving (except as cargo), of whiting by a vessel in the fishery 
management area with processed whiting on board is prohibited. Any 
vessel used to fish for whiting for processing at sea must have its 
trawl doors on board and attached to the trawl (50 CFR 663.7(o)).

Classification

    The determination to prohibit further at-sea processing of Pacific 
whiting is based on the most recent data available. Those data are 
available for public inspection (see DATES and ADDRESSES). This action 
is taken under the authority of 50 CFR 663.23(b)(4)(iv) (added by final 
rule published at 59 FR 17493, April 13, 1994), and is exempt from 
review under E.O. 12866.

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

    Dated: October 6, 1994.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 94-25315 Filed 10-7-94; 11:48 am]
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