[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27519-27523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13120]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970403076-7114-02; 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: Final rule.

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SUMMARY: This rule implements: Allocation of the commercial harvest 
guideline of Pacific whiting (whiting) among nontribal sectors of the 
Pacific groundfish fishery; 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 
implements starting dates for the 1997 primary seasons under the 
framework. These actions are intended to provide equitable allocation 
of the whiting resource and to provide flexibility in harvesting and 
processing opportunities.

DATES: Effective May 14, 1997.

ADDRESSES: Comments on the information collection requirements imposed 
by this rule should be sent to William Stelle, Jr., Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115, and 
to the Office of Information and Regulatory Affairs of the Office of 
Management and Budget, Washington DC, 20503.

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

SUPPLEMENTARY INFORMATION: NMFS is issuing this rule to allocate 
whiting, establish a framework for setting season dates, and to provide 
for at-sea processing of whiting waste under the authority of the 
Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). 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. At the same time, NMFS is 
announcing the starting dates for the primary whiting seasons in 1997 
and addressing several housekeeping measures. These actions were 
proposed in the Federal Register at 62 FR 18572, April 16, 1996. No 
comments were received during the 20-day public comment period which 
ended April 30, 1997. This final rule is substantively the same as 
proposed; the minor changes are explained in this preamble.
    The background for these actions appears in the proposed rule and 
in the environmental assessment/regulatory impact review prepared by 
the Council for this action. The actions taken are summarized below.

Background

Whiting allocation

    The most recent allocation of whiting among nontribal sectors in 
the whiting

[[Page 27520]]

fishery was in effect from 1994-96. Its expiration left no allocation 
in place for 1997 and beyond. The 1994-96 allocation was based on an 
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.
    The allocations for 1997 and beyond also were derived by industry 
agreement in a series of public meetings sponsored by the Council. The 
allocations, which are within a few percent of the proportions actually 
harvested in 1994-96, are: 42 percent for the shoreside sector (catcher 
vessels delivering to shoreside 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 the shoreside sector, 49,700 mt 
for the mothership sector, and 70,400 mt for the catcher/processor 
sector. Surplus whiting from one sector may 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 calculating the allocations is codified. The 
allocations will be calculated and announced annually, generally with 
the annual cycle for announcing specifications and management measures 
for the groundfish fishery in January each year. Because the shoreside 
fishery in California (which is south of 42 deg. N. lat.) may start 
earlier than in Washington and Oregon, a 5-percent cap (4,345 mt in 
1997) is placed on the amount of the shoreside allocation that may be 
taken south of 42 deg. N. lat. before the start of the shoreside 
primary season north of 42 deg. N. lat. This cap will discourage effort 
shifts into California early in the year and is not expected or 
intended to constrain traditional operations. If the 5-percent cap is 
reached, the routine trip limit under Sec. 660.323(b) is resumed until 
the northern season begins, at which time the southern primary season 
also would resume.
    Additional constraints were agreed to by the industry to assure 
that each sector has the opportunity to take its allocation and is not 
preempted by the high-capacity catcher/processors participating in more 
than one sector in a given year.
    1. 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.
    2. 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). NMFS has 
made a slight change to the final rule at Sec. 660.323 regarding 
recision of a declaration to act as a mothership for the entire 
calendar year. The modification clarifies that any recision of that 
declaration can only be made before the vessel has harvested or 
received any unprocessed whiting during that calendar year.
    3. A catcher/processor (that has not declared itself as a 
mothership for the year) 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.
    The Council intends this allocation to remain in effect for at 
least 5 years, at which time it will be reevaluated.

Seasons

    A framework is established for annually setting separate starting 
dates for each sector's primary season, and the starting dates for 1997 
also are announced. 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. The framework provides for setting separate starting dates for 
each sector to accommodate operational needs. However, other factors 
also must be considered during the Council's two-meeting process, which 
generally would coincide with the setting of the annual management 
measures in the fall.
    These factors are: 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 section 7 (b)(4) of 
the Endangered Species Act (ESA) to protect threatened or endangered 
species of salmon. The incidental take statement requires that the 
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 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. began fishing in April 1997, but will 
be able to use the framework to set the starting date for 1998. The 
season south of 40 deg. 30' N. lat. remains unchanged at April 15 as 
stated at Sec. 660.323(a)(3)(i), and is not subject to the framework 
provisions for changing the starting date primarily due to concerns 
over potential salmon bycatch and harvest of juvenile whiting. However, 
the whiting fishery in California is subject to the 5-percent cap in 
1997, as discussed above.
    A slight change was made to Sec. 660.323(a)(3)(i) to clarify that 
the routine trip limit before and after the primary season potentially 
could apply to all sectors, as currently is the case, not just the 
shore-based sector as stated in the proposed rule. The trip limits 
before and after the primary season currently are designated routine to 
accommodate small bait and fresh fish markets and bycatch in non-
whiting fisheries.

NMFS Action--Starting Dates for the 1997 Primary Whiting Seasons: The 
primary season for each sector begins at 0001 hours (local time) on the 
following dates: (1) Catcher/processor sector--May 15, 1997; (2) 
mothership sector--May 15, 1997; (3) shore-based sector north of 
42 deg. N. lat.--June 15, 1997.

Processing Waste Products At Sea

    This rule also allows processing fish waste at sea by a ``waste 
processing vessel,'' even at times when at-sea processing of whiting by 
catcher/processors or motherships is prohibited. To be considered a 
``waste-processing vessel,'' the vessel must make only meal, oil, or 
minced product and cannot make or have on board surimi, fillet, or 
headed and gutted fish. The following restrictions assure that no 
fishing or receipt of whole fish is occurring while at-sea processing 
of whiting is prohibited:

[[Page 27521]]

    (1) The vessel must be incapable of fishing for whiting; i.e., 
trawl nets and doors must be stowed and made 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 (4) 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 current prohibition is revised to enable a mothership to carry 
trawl gear while operating in the whiting fishery as long as trawl 
gear, clarified to mean trawl nets and doors in this final rule, is 
stowed and rendered inoperable. Similarly, the requirement for a waste-
processing vessel to stow trawl gear also is clarified to indicate that 
trawl gear means trawl nets and doors.
    A regulation issued on June 6, 1996, (61 FR 28786, authorized under 
old Sec. 663.24) provided for whiting 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 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 rule.
    As part of the 1996 reorganization of NMFS, Regional Directors were 
retitled as Regional Administrators; however, the term Regional 
Director is still used in codified text until a universal change is 
made to 50 CFR 660.
    Paragraphs (s) and (t) in Sec. 660.306 are ``reserved'' for 
implementation of Amendment 9 to the PCGFMP which was approved by NMFS 
on May 8, 1997. Proposed regulations to implement Amendment 9 were 
published on March 21, 1997 (62 FR 13583).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this 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.
    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)) without 
any allocation between competing sectors. 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. For these 
reasons, good cause is found under 5 U.S.C. 553(d)(3) for making the 
rule effective without a 30-day delay.
    This final rule has been determined 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, when this rule was proposed, that it 
would not have a significant economic impact on a substantial number of 
small entities. As a result, a regulatory flexibility analysis was not 
prepared. No comments were received regarding this certification.
    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. The collection of this information has 
been approved by the OMB, OMB Control Number 0648-0203. Public 
reporting burden is estimated to be negligible due to this action, as 
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. Send comments 
regarding burden estimates, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS and 
OMB (see ADDRESSES).
    A formal section 7 consultation under the ESA was concluded for the 
PCGFMP. In a biological opinion dated August 28, 1993, and subsequent 
reinitiations of consultation dated September 27, 1993, and May 15, 
1996, the Assistant Administrator 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 rule is 
within the scope of those consultations. In addition, coho salmon south 
of Cape Blanco, Oregon, recently have been listed as threatened 
(Northern California/Southern Oregon) and endangered (Central 
California) under the ESA. This action will not affect coho salmon.

List of Subjects in 50 CFR Part 660

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

    Dated: May 14, 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 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, paragraphs (s) and (t) are 
reserved, 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

[[Page 27522]]

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, with the following exception. A vessel with groundfish on 
board may carry groundfish trawl gear if:
    (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 nets and doors 
must be stowed in a secured and covered manner, and detached from all 
towing lines, so as to be 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.
    (s) [Reserved.]
    (t) [Reserved.]
    (u) 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 Sec. 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, 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, 
catcher 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 by a waste-
processing vessel as 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 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 in response to a written request from the permit 
holder. Any request to rescind a declaration must made by the permit 
holder and granted in writing by the Regional Director before any 
unprocessed whiting has been taken on board the vessel that calendar 
year.
    (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) of this 
section 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

[[Page 27523]]

additional unprocessed whiting may be brought on board after at-sea 
processing is prohibited, but a mothership may continue to process 
whiting that 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 Director 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 Director 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 Director 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 Director 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 net and doors on board are stowed in a secured and 
covered manner, and detached from all towing lines, so as to be 
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. 97-13120 Filed 5-14-97; 4:59 pm]
BILLING CODE 3510-22-F