[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Proposed Rules]
[Pages 18572-18576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9705]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970403076-7076-0; I.D. 030397B]
RIN 0648-AI80


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Whiting Allocation Among Nontribal 
Sectors

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule proposes: Allocation of the commercial harvest 
guideline of Pacific whiting (whiting) among nontribal sectors; a 
framework procedure for annually choosing the starting dates of the 
primary whiting seasons for the nontribal sectors; and allowing the 
processing of fish waste at sea when at-sea processing of whiting is 
otherwise prohibited. This rule also proposes starting dates for the 
1997 primary seasons under the proposed framework. These actions are 
intended to provide equitable allocation of the whiting resource and to 
provide flexibility in harvesting and processing opportunities.

DATES: Comments will be accepted on or before April 30, 1997.

ADDRESSES: Comments may be mailed to William Stelle, Jr., 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115. Comments on the information collection requirements 
that would be imposed by this rule should be sent to Mr. William Stelle 
at the address above, and to the Office of Information and Regulatory 
Affairs of the Office of Management and Budget, Washington DC, 20503. 
Other information relevant to this proposed rule is available for 
public review during business hours at the Office of the Administrator, 
Northwest Region, NMFS. Copies of the environmental assessment/
regulatory impact review also are available from that address.

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

SUPPLEMENTARY INFORMATION: NMFS is issuing a proposed rule, based on 
the agency's authority under the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP) and the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). At the same time, NMFS is 
seeking public comment on the starting dates for the primary whiting 
seasons in 1997 and on several housekeeping measures. These actions 
were recommended by the Pacific Fishery Management Council (Council) at 
its October 1996 meeting in San Francisco, CA and at meetings of its ad 
hoc whiting allocation subcommittee that were held in 1996.

Background

Whiting allocation

    Whiting is the largest groundfish resource managed by the Council, 
and makes up over 50 percent of the potential annual groundfish 
harvest. Until the early 1980's, whiting off Washington, Oregon, and 
California were harvested predominantly by foreign fisheries. Between 
1982-88, foreign fishing was displaced by joint venture operations in 
which U.S. vessels fished for whiting and delivered it to foreign 
processing vessels at sea. By 1989, joint ventures were displaced by 
domestic harvesting and processing operations, as contemplated by the 
Magnuson-Stevens Act. (The Magnuson-Stevens Act established priorities 
for allocating fish in the EEZ, giving domestic fishing and processing 
operations first priority, joint ventures second priority, and foreign 
fishing lowest priority.) The shift away from joint ventures occurred 
abruptly with the introduction of domestic at-sea processing vessels: 
Catcher/processors (also called factory trawlers) that both harvest and 
process fish; and motherships that process fish delivered from other 
catcher vessels. Consequently, the joint venture catcher vessels that 
had harvested and delivered almost all of the whiting harvest 
guidelines in 1989-90 to foreign processing vessels lost their foreign 
markets in 1991. The joint venture markets were only partly replaced by 
new markets with mothership and shore-based processors. Generally, the 
shore-based fishery operates at a slower pace and has a more limited 
fishing range, and catcher vessels are smaller than catcher/processors 
and can take a much smaller amount of whiting in the same amount of 
time. Therefore, to avoid extensive preemption of shore-based 
operations by the high-capacity at-sea processing fleet, whiting has 
been allocated among domestic sectors since 1991.
    The most recent allocation, which was in effect from 1994-96, was 
based on a 3-year industry agreement to provide 40 percent of the 
whiting harvest guideline to catcher vessels delivering to shore-based 
processors, plus any additional whiting taken while all sectors 
competed for the first 60 percent. In 1994 and 1995, the 40-percent 
reserve was applied to the entire whiting harvest guideline (50 CFR 
663.23(b)(4), subsequently changed to 660.323(a)(4). In 1996, whiting 
was allocated to the Makah treaty Indian tribe for the first time (50 
CFR 660.324). Thereafter, any allocation among domestic sectors was to 
be based on the ``commercial harvest guideline,'' the harvest guideline 
minus any tribal allocation. Provisions were made for reapportioning 
the unused portion of the shorebased reserve later in the year, but 
this occurred only in 1994.
    The allocations for 1997 and beyond were derived by industry 
agreement in a series of public meetings sponsored by the Council. The 
proposed allocations, which are within a few percent of the proportions 
harvested in 1994-96, are: 42 percent for the shoreside sector (catcher 
vessels delivering to shoreside

[[Page 18573]]

processors), 24 percent for the mothership sector (motherships and 
catcher vessels delivering to motherships), and 34 percent for the 
catcher/processor sector (catcher/processor vessels). When applied to 
the 1997 commercial harvest guideline of 207,000 metric tons (mt), 
these percentages result in whiting allocations of 86,900 mt for 
vessels that deliver shoreside, 49,700 mt for vessels that deliver to 
motherships, and 70,400 mt for catcher/processors. Surplus whiting 
would be reallocated (via notice in the Federal Register) to the other 
sectors, in proportion to their initial allocations, near September 15. 
As in 1994-96, only the framework process for determining the 
allocations would be codified. The allocations would be calculated and 
announced annually, generally with the annual cycle for announcing 
specifications and management measures for the groundfish fishery in 
January each year.
    The proposed allocation, and intended effect on the fishery, differ 
from 1994-96 in several respects.
    1. Three separate allocations are proposed, one for each sector 
(catcher/processors, mothership, and shoreside). In contrast, the only 
allocation in 1994-96 was the 40-percent set aside for catcher vessels 
delivering shoreside. The proposed allocation removes the uncertainty 
of amounts available for each sector and will be easier to monitor.
    2. By eliminating the competition among sectors inherent in a 
first-come-first-served fishery (the no-action alternative), separate 
allocations would encourage each sector to operate at a more leisurely 
and safe pace and to move to other fishing grounds if necessary to 
lower bycatch levels, particularly of yellowtail rockfish and salmon. 
As a result, separate allocations would provide greater accountability 
and opportunity for each sector to minimize bycatch.
    3. Separate allocations also would provide each sector the 
flexibility of starting at different times without losing any 
competitive advantage. Because whiting migrate from south to north 
during the fishing season, the shore-based fishery south of 42 deg. N. 
lat. has been, and still would be, allowed to start earlier than north 
of 42 deg. N. lat. However, to avoid effort shifts to the south early 
in the year, a 5-percent cap would be placed on the amount of the 
shore-based allocation that may be taken south of 42 deg. N. lat. 
before the start of the shore-based primary season north of 42 deg. N. 
lat. If the proposed 5-percent cap is reached, the routine trip limit 
under Sec. 660.323(b) would be resumed until the northern season 
begins, at which time the southern primary season also would resume. 
The routine trip limit (10,000 lb (4,536 kg) in 1997) provides for 
small bait, fresh fish, and bycatch fisheries, and cannot sustain a 
large-scale target fishery. The 5-percent cap (which would be 4,345 mt 
in 1997) is not intended or expected to be constraining on traditional 
operations. The annual whiting catch south of 42 deg. N. lat. would 
have been below 5 percent of the shore-based allocation if these 
proposed allocations had been in effect in 1994-96.
    4. Additional constraints were agreed to by the industry to assure 
that each sector has the opportunity to take its allocation by assuring 
that high-capacity catcher/processors do not participate in more than 
one sector in a given year. Within the same calendar year, a catcher/
processor may not also act as a catcher vessel that delivers shoreside 
or to another at-sea processor. A catcher/processor may operate solely 
as a mothership for that calendar year, but only if this has been 
requested and so designated on renewal of its limited entry permit for 
the Pacific coast groundfish fishery (Office of Management and Budget 
(OMB) #0648-0203). A catcher/processor may receive codends over-the-
side from a catcher vessel, but any such catch would be counted toward 
the catcher/processor allocation and would end when the catcher/
processor allocation is taken. Catcher vessels that do not process may 
deliver to any or all of the processing sectors as long as the season 
for that sector is open.

Seasons

    A framework for setting separate starting dates for each sector's 
primary season and the starting dates for 1997, also are proposed. The 
framework procedures for determining the starting dates would be 
codified, and the starting dates would be announced annually, generally 
with the annual cycle for announcing specifications and management 
measures for the groundfish fishery in January each year. However, 
because the annual cycle for 1997 has passed, the starting dates for 
the 1997 fishery would be announced with the final rule for this 
action. The primary seasons for the whiting fishery are: For the shore-
based sector, the period(s) when the large-scale target fishery is 
conducted (when trip limits under Sec. 660.323(b) are not in effect); 
for catcher/processors, the period(s) when at-sea processing is allowed 
and the fishery is open for the catcher/processor sector; and for 
vessels delivering to motherships, the period(s) when at-sea processing 
is allowed and the fishery is open for the mothership sector.
    Separate starting dates enable each sector to accommodate its 
operational needs. However, other factors also must be considered 
during the Council's two-meeting process. Consideration of the 
following factors, if applicable, would be included: The size of the 
harvest guidelines for whiting and bycatch species; status of whiting 
and bycatch stocks; age/size structure of the whiting population; 
expected harvest of bycatch and prohibited species; availability and 
stock status of prohibited species; expected participation by catchers 
and processors; environmental conditions; timing of alternate or 
competing fisheries; industry agreement; fishing or processing rates; 
and other relevant information.
    The starting dates also are constrained by the incidental take 
statement dated May 14, 1996, issued pursuant to Sec. 7 (b)(4) of the 
Endangered Species Act (ESA) to protect threatened or endangered 
species of salmon. The incidental take statement in that biological 
opinion requires that the large-scale at-sea processing fishery north 
of 42 deg. N. lat. not begin before May 15. This constraint remains in 
effect unless changed in a subsequent incidental take statement.
    In 1997, the proposed starting dates are May 15 for the catcher/
processor and mothership sectors and June 15 for the shore-based sector 
north of 42 deg. N. lat. The shore-based fleet operating in California 
between 42 deg. and 40 deg. 30' N. lat. would start on March 1, as in 
the past, in recognition that this rule would not be implemented by 
that time. The season south of 40 deg. 30' N. lat. remains unchanged at 
April 15 as stated at Sec. 660.323(a)(3)(i), and would not be subject 
to the proposed framework provisions for changing the starting date 
primarily due to concerns over potential salmon bycatch and harvest of 
juvenile whiting.

Processing waste products at sea

    The quantity of waste from shore-based processing has been so high 
as to sometimes exceed the capacity of existing facilities. A solution 
to this problem is to provide for processing fish waste at sea, even at 
times when at-sea processing of whiting by catcher/processors or 
motherships is prohibited. These are completely different operations. A 
vessel processing whiting waste at sea, and not otherwise involved in 
the target fishery for whiting, would have very few whole whiting on 
board, although they may occasionally be found. To be considered a 
``waste-processing vessel,'' the vessel must

[[Page 18574]]

make only meal, oil, or minced product and cannot make or have on board 
surimi, fillet, or headed and gutted fish. To assure that no fishing or 
receipt of whole fish is occurring while at-sea processing of whiting 
is prohibited, the following restrictions on processing whiting waste 
are proposed: (1) The vessel must be incapable of fishing for whiting, 
which would be accomplished by stowing any trawl gear on board and 
making it inoperable; (2) receipt of codends containing any species of 
fish would be prohibited; (3) the amount of whole whiting on board must 
be less than any trip limit for whiting authorized under 50 CFR 
660.323(b); and the vessel could not operate as a waste-processing 
vessel within 48 hours immediately before and after any primary season 
in which it operates as a catcher/processor or mothership.

Housekeeping

    A revision to a current prohibition also is proposed. The current 
regulation at 50 CFR 660.306(m) makes it unlawful to: ``Fish with 
groundfish trawl gear, or carry groundfish trawl gear on board a vessel 
that also has groundfish on board * * * without having a limited entry 
permit valid for that vessel * * *.'' This precludes a vessel from 
operating as a mothership in the whiting fishery if that vessel still 
has on board a trawl net from fishing in Alaska. It is not unusual for 
motherships to enter the whiting fishery directly after departing 
Alaskan fisheries. To accommodate these vessels, this regulation is 
proposed to be changed to allow a vessel to operate as a mothership in 
the whiting fishery as long as any trawl net on board is stowed and 
rendered inoperable.
    A regulation was issued on June 6, 1996, (61 FR 28786) that 
provided for whiting authorized under old Sec. 663.24, but not needed 
in the tribal fishery, to be made available to other users. This 
provision was inadvertently deleted when the regulations governing the 
Pacific Coast groundfish fisheries were consolidated at 61 FR 34570, 
July 2, 1996, with all other regulations governing the fisheries off 
the west coast states and in the Western Pacific, and therefore is 
included in this proposed rule. Also in the consolidation, an error was 
made in paragraph (b) of Sec. 660.306 regarding the citation for the 
definition of prohibited species and a typo exists in paragraph (r) of 
Sec. 660.306. The corrections are included in this proposed rule.
    The Magnuson-Stevens Act requires that the public be provided with 
a comment period of 15 to 60 days to respond to proposed regulations. 
Without the final rule being in place by May 15, the season north of 
42 deg. N. lat. will open on May 15 (50 CFR 660.323(a)(3)), but the 
fishery would open without any allocation between competing sectors 
because codified Pacific whiting allocation regulations for this area 
only applied from 1994 through 1996 (50 CFR 660.323(a)(4)). A derby 
fishery would ensue and a substantial portion of the harvest guideline 
could be taken before the final rule was made effective, thereby 
disrupting 1997 allocations that would be implemented by the final 
rule. Considering the urgency of completing rulemaking regarding these 
proposed measures, NMFS has provided for a 20-day public comment 
period.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
preliminarily determined that this proposed rule is necessary for 
management of the Pacific Coast groundfish fishery and that it is 
consistent with the Magnuson-Stevens Act and other applicable law.
    This proposed rule has been determined by OMB to be not significant 
for purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The NMFS standards for determining if an action will have a 
significant economic impact on a substantial number of small 
entities are: (1) 5 percent loss of revenue for 20 percent of the 
participants; (2) 10 percent increase in compliance costs for 20 
percent of the participants; and (3) 2 percent of the participants 
cease operations. In the whiting fishery, catcher/processor and 
mothership (at-sea processing) vessels are considered large 
businesses, and catcher vessels (that do not process) and shore-
based processors are considered small businesses. The allocations, 
which were derived by industry consensus at a number of public 
meetings in 1996, are within 5 percent of the proportions taken in 
1994-96.
    The proposed action would result in shore-based catcher vessels 
harvesting, and shore-based processors receiving, 42 percent of the 
annual commercial harvest guideline for whiting, which is a 5 
percent increase over their 1994-96 average proportion of catch. 
Catcher vessels delivering to motherships would realize a 4 percent 
decline compared to their 1994-96 average proportion of catch. Many 
catcher vessels deliver both on shore and to motherships at sea, and 
the impact on catcher vessels is most relevant by combining the 
impacts on all catcher vessels that do not process, whether 
delivering on shore or at sea. The proposed rule would provide a net 
increase of 1 percent of the commercial harvest guideline (from 65 
to 66 percent) for catcher vessels that do not process, an increase 
of 5 percent shoreside, and a decrease of 4 percent for at sea 
deliveries to motherships. The ``no action alternative,'' that is to 
not make an allocation, would result in a derby style fishery (given 
that the 1994-96 allocation expired in 1996) with the shore-based 
sector taking as little as 16 percent of the commercial harvest 
guideline and nonprocessor catcher vessels taking as little as 49 
percent. Therefore, the ``no action alternative'' could result in a 
significant adverse economic impact on these small businesses.
    The proposed rule seeks to maintain approximate allocation 
percentages based on the 1994-96 averages, and thus to minimize 
disruption of current operations. The framework process for changing 
season dates and for allowing processing of fish waste at sea 
outside the primary season will provide flexibility in operations of 
both small and large businesses without changing the total amounts 
of whiting available to each sector. Therefore, these proposed 
actions will not have a significant impact on a substantial number 
of small entities.

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to, a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
displays a currently valid control number.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. This collection-of-information 
requirement has been submitted to OMB for approval (OMB #0648-0203). It 
involves, concurrent with renewal of a limited entry permit, checking a 
box to indicate if a catcher/processor will operate entirely as a 
mothership in the whiting fishery during the year covered by the 
permit. Fewer than 15 catcher/processors operate in this fishery, and 
even fewer are expected to exercise this option. Therefore the 
information collection is so minor as not to result in an increase in 
burden hours on the public.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimate; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the collection techniques or other 
forms of information technology. Comments on the collection of 
information burden or any other aspect of the information

[[Page 18575]]

collection may be sent to OMB, listed in the ADDRESSES section above.
    A formal section 7 consultation under the ESA was initiated for the 
groundfish fishery. In a biological opinion dated August 28, 1993, and 
subsequent biological opinions dated September 27, 1993, and May 14, 
1996, resulting from reinitiations, the AA determined that fishing 
activities conducted under the PCGFMP and its implementing regulations 
are not likely to jeopardize the continued existence of any endangered 
or threatened species under the jurisdiction of NMFS or result in the 
destruction or adverse modification of critical habitat. This proposed 
rule is within the scope of those consultations.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, Fisheries, Fishing, 
Reporting and recordkeeping requirements.

    Dated: April 9, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    l. The authority citation for part 660 continues to read as 
follows:

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

    2. In Sec. 660.306, in paragraph (b), the reference to Sec. 660.302 
is changed to Sec. 660.323(c), paragraphs (j), (k), (m), (q), and (r) 
are revised, and paragraphs (u), (v), and (w) are added, to read as 
follows:


Sec. 660.306  Prohibitions.

* * * * *
    (j) Process whiting in the fishery management area during times or 
in areas where at-sea processing is prohibited for the sector in which 
the vessel participates, unless:
    (1) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.324;
    (2) The fish are processed by a waste-processing vessel according 
to Sec. 660.323(a)(4)(vii); or
    (3) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (k) Take and retain or receive, except as cargo or fish waste, 
whiting on a vessel in the fishery management area that already 
possesses processed whiting on board, during times or in areas where 
at-sea processing is prohibited for the sector in which the vessel 
participates, unless the fish are received from a member of a Pacific 
Coast treaty Indian tribe fishing under Sec. 660.324.
* * * * *
    (m) Fish with groundfish trawl gear, or carry groundfish trawl gear 
on board a vessel that also has groundfish on board, without having a 
limited entry permit valid for that vessel affixed with a gear 
endorsement for trawl gear, unless:
    (1) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California; or
    (2) The vessel is a mothership, in which case trawl gear must be 
stowed in a secured and covered manner, detached from all towing lines, 
so that it is rendered unusable for fishing.
* * * * *
    (q) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed, except a vessel may 
carry on board limited entry gear as provided in paragraph (m) of this 
section.
    (r) Refuse to submit fishing gear or fish subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
* * * * *
    (u) To participate in the mothership or shoreside sector as a 
catcher vessel that does not process fish, if that vessel operates in 
the same calendar year as a catcher/processor in the whiting fishery, 
according to Sec. 660.323(a)(4)(ii)(B).
    (v) Operate as a waste-processing vessel within 48 hours of a 
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to 660.323(a)(4)(vii).
    (w) Fail to keep the trawl doors on board the vessel and attached 
to the trawls on a vessel used to fish for whiting, when taking and 
retention is prohibited under Sec. 660.323(a)(3)(v).
    3. In Sec. 660.323, paragraphs (a)(3)(i), (a)(3)(iv), and (a)(4) 
are revised to read as follows:


Sec. 660.323  Catch restrictions.

* * * * *
    (a) * * *
    (3) Pacific whiting (whiting)--(i) Seasons. The primary seasons for 
the whiting fishery are: For the shore-based sector, the period(s) when 
the large-scale target fishery is conducted (when trip limits under 
paragraph (b) of this section are not in effect); for catcher/
processors, the period(s) when at-sea processing is allowed and the 
fishery is open for the catcher/processor sector; and for vessels 
delivering to motherships, the period(s) when at-sea processing is 
allowed and the fishery is open for the mothership sector. Before and 
after the primary seasons for the shore-based sector, trip landing or 
frequency limits may be imposed under paragraph (b) of this section. 
The sectors are defined at paragraph (a)(4) of this section.
    (A) North of 40 deg.30' N. lat. Different starting dates may be 
established for the catcher/processor sector, the mothership sector, 
and vessels delivering to shoreside processors north of 42 deg. N. 
lat., and catcher vessels delivering to shoreside processors between 
42 deg.-40 deg.30' N. lat.
    (1) Procedures. The primary seasons for the whiting fishery north 
of 40 deg.30' N. lat. generally will be established according to the 
procedures in the PCGFMP for developing and implementing annual 
specifications and apportionments. The season opening dates remain in 
effect unless changed, but will be announced annually, generally with 
the annual specifications and management measures.
    (2) Criteria. The start of a primary season may be changed based on 
a recommendation from the Council and consideration of the following 
factors, if applicable: Size of the harvest guidelines for whiting and 
bycatch species; age/size structure of the whiting population; expected 
harvest of bycatch and prohibited species; availability and stock 
status of prohibited species; expected participation by catchers and 
processors; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (B) South of 40 deg.30' N. lat. The primary season starts on April 
15 south of 40 deg.30' N. lat.
* * * * *
    (iv) At-sea processing. Whiting may not be processed at sea south 
of 42 deg.00' N. lat. (Oregon-California border), unless authorized 
under paragraph (a)(4)(vii) of this section.
* * * * *
    (4) Whiting--allocation. (i) Sectors and allocations. The 
commercial harvest guideline for whiting is allocated among three 
sectors, as follows.
    (A) Sectors. The catcher/processor sector is composed of catcher/
processors, which are vessels that harvest and process whiting during a 
calendar year. The mothership sector is composed of motherships and 
catcher vessels that harvest whiting for delivery to motherships. 
Motherships are vessels

[[Page 18576]]

that process, but do not harvest, whiting during a calendar year. The 
shoreside sector is composed of vessels that harvest whiting for 
delivery to shore-based processors.
    (B) Allocations. The allocations are: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the shoreside sector. No more than 5 percent of the shoreside 
allocation may be taken and retained south of 42 deg. N. lat. before 
the start of the primary season north of 42 deg. N. lat. These 
allocations are harvest guidelines unless otherwise announced in the 
Federal Register.
    (ii) Additional restrictions on catcher/processors.
    (A) A catcher/processor may receive fish from a catcher vessel, but 
that catch is counted against the catcher/processor allocation unless 
the catcher/processor has been declared as a mothership under paragraph 
(a)(4)(ii)(C) of this section.
    (B) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same 
calendar year.
    (C) When renewing its limited entry permit each year under 
Sec. 660.333, the owner of a catcher/processor used to take and retain 
whiting must declare if the vessel will operate solely as a mothership 
in the whiting fishery during the calendar year to which its limited 
entry permit applies. Any such declaration is binding on the vessel for 
the calendar year, even if the permit is transferred during the year, 
unless it is rescinded by written request from the permit holder. The 
request to rescind a declaration must be granted in writing by the 
Regional Administrator before the vessel can take whiting on board.
    (iii) Reaching an allocation. If the whiting harvest guideline, 
commercial harvest guideline, or a sector's allocation is reached, or 
is projected to be reached, the following action(s) for the applicable 
sector(s) may be taken as provided under paragraph (a)(4)(vi) and will 
remain in effect until additional amounts are made available the next 
fishing year or under paragraph (a)(4)(iv) of this section.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. (1) Further receiving or at-sea processing 
of whiting by a mothership is prohibited. No additional unprocessed 
whiting may be brought on board after at-sea processing is prohibited, 
but a mothership may continue to process whiting that already was on 
board before at-sea processing was prohibited.
    (2) Whiting may not be taken and retained, possessed, or landed by 
a catcher vessel participating in the mothership sector.
    (C) Shoreside sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shoreside 
sector except as authorized under a trip limit specified under 
Sec. 660.323(b).
    (D) Shoreside south of 42 deg. N. lat. If 5 percent of the 
shoreside allocation for whiting is taken and retained south of 42 deg. 
N. lat. before the primary season for the shoreside sector begins north 
of 42 deg. N. lat., then a trip limit specified under paragraph (b) of 
this section may be implemented south of 42 deg. N. lat. until the 
northern primary season begins, at which time the southern primary 
season would resume.
    (iv) Reapportionments. That portion of a sector's allocation that 
the Regional Administrator determines will not be used by the end of 
the fishing year shall be made available for harvest by the other 
sectors, if needed, in proportion to their initial allocations, on 
September 15 or as soon as practicable thereafter. NMFS may release 
whiting again at a later date to ensure full utilization of the 
resource. Whiting not needed in the fishery authorized under 
Sec. 660.324 also may be made available.
    (v) Estimates. Estimates of the amount of whiting harvested will be 
based on actual amounts harvested, projections of amounts that will be 
harvested, or a combination of the two. Estimates of the amount of 
whiting that will be used by shoreside processors by the end of the 
fishing year will be based on the best information available to the 
Regional Administrator from state catch and landings data, the survey 
of domestic processing capacity and intent, testimony received at 
Council meetings, and/or other relevant information.
    (vi) Announcements. The Assistant Administrator will announce in 
the Federal Register when a harvest guideline, commercial harvest 
guideline, or an allocation of whiting is reached, or is projected to 
be reached, specifying the appropriate action being taken under 
paragraph (a)(4)(iii) of this section. The Regional Administrator will 
announce in the Federal Register any reapportionment of surplus whiting 
to other sectors on September 15, or as soon as practicable thereafter. 
In order to prevent exceeding the limits or to avoid underutilizing the 
resource, prohibitions against further taking and retaining, receiving, 
or at-sea processing of whiting, or reapportionment of surplus whiting 
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 Administrator will inform the 
Council in writing of actions taken.
    (vii) Processing fish waste at sea. A vessel that processes only 
fish waste (a ``waste-processing vessel'') is not considered a whiting 
processor and therefore is not subject to the allocations, seasons, or 
restrictions for catcher/processors or motherships while it operates as 
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary 
season for whiting in which the vessel operates as a catcher/processor 
or mothership. A vessel must meet the following conditions to qualify 
as a waste-processing vessel:
    (A) The vessel makes meal (ground dried fish), oil, or minced 
(ground flesh) product, but does not make, and does not have on board, 
surimi (fish paste with additives), fillets (meat from the side of the 
fish, behind the head and in front of the tail), or headed and gutted 
fish (head and viscera removed).
    (B) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under paragraph (b) of this section.
    (C) Any trawl gear on board is stowed in a secured and covered 
manner, detached from all towing lines, so that it is rendered unusable 
for fishing.
    (D) The vessel does not receive codends containing fish.
    (E) The vessel's operations are consistent with applicable state 
and Federal law, including those governing disposal of fish waste at 
sea.
[FR Doc. 97-9705 Filed 4-10-97; 5:10 pm]
BILLING CODE 3510-22-F