[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14148]



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DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 951227306-6117-02; I.D. 053096A]


Pacific Coast Groundfish Fishery; Whiting At-Sea Processing

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

ACTION: Fishing restrictions.

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SUMMARY: NMFS announces the prohibition of further processing at sea of 
Pacific whiting at 1200 hours (local time) on June 1, 1996, based on 
its projection that 60 percent (118,200 metric tons (mt)) of the 1996 
commercial harvest guideline for Pacific whiting will have been 
harvested by that time. This action is authorized by the Pacific Coast 
Groundfish Fishery Management Plan and is necessary to provide adequate 
amounts of whiting for shoreside processors and to achieve the 
allocations adopted for 1996.

EFFECTIVE DATE: May 31, 1996, through 2400 hours (local time) May 14, 
1997.

ADDRESSES: Submit comments to William Stelle, Jr., Director, Northwest 
Region, National Marine Fisheries Service, 7600 Sand Point Way NE., 
BIN-C15700, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140.

SUPPLEMENTARY INFORMATION: On April 13, 1994, NMFS issued regulations 
(59 FR 17491) to allocate annually the U.S. Pacific whiting harvest 
guideline in the years 1994 through 1996 between fishing vessels that 
either catch and process at sea or catch and deliver to at-sea 
processors (the at-sea sector) and fishing vessels that catch and 
deliver to processors located on shore (the shore-based sector). In 
each year, after 60 percent of the annual harvest guideline (or quota) 
for Pacific whiting has been or is projected to be taken, further at-
sea processing of Pacific whiting in the exclusive economic zone is 
prohibited. This provision was modified in 1996 by a rule that 
established a framework to implement the Washington coastal Indian 
tribes' treaty rights to harvest Pacific groundfish. That rule also 
allocated 15,000 mt of whiting to the Makah Indian Tribe for 1996. The 
tribal allocation is subtracted from the harvest guideline to derive 
the ``commercial harvest guideline.'' When 60 percent of the commercial 
harvest guideline is projected to be taken (by both at-sea and shore-
based sectors), at-sea processing of whiting is prohibited. The 
remaining 40 percent of the commercial harvest guideline is reserved 
initially for harvest by vessels delivering to shore-based processors. 
The regulations require that the Assistant Administrator for Fisheries, 
NOAA, announce in the Federal Register when 60 percent of the 
commercial harvest guideline has been, or is about to be, harvested, 
specifying a time after which further at-sea processing of Pacific 
whiting in the fishery management area is prohibited.
    The most recent catch data available on May 31, 1996, indicate that 
approximately 96,000 mt of Pacific whiting have been harvested through 
May 28, 1996, and 60 percent (118,200 mt) of the 197,000-mt commercial 
harvest guideline for Pacific whiting is projected to be reached by 
1200 hours (local time) on June 1, 1996.

Secretarial Action

    For the reasons given above, and in accordance with 50 CFR 
663.23(b)(4)(i) and (iv), after 1200 hours (local time) on June 1, 
1996, at-sea processing of Pacific whiting is prohibited (except for 
Pacific whiting that was on board the processing vessel prior to that 
time), and the taking and retaining, or receiving (except as cargo) of 
Pacific 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 that 60 percent of the commercial harvest 
guideline is about to be harvested is based on the most recent data 
available. 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. This action is 
taken under the authority of 50 CFR 663.23 (b)(4)(i), and is exempt 
from review under E.O. 12866.

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

    Dated: May 31, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-14148 Filed 5-31-96; 3:49 pm]
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