[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Rules and Regulations]
[Pages 48370-48371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23471]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 001226367-0367-01; I.D. 090701C]


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

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

ACTION: Reapportionment of surplus Pacific whiting allocation; 
announcement of the reopening dates for the primary season for the 
shore-based sector; request for comments.

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SUMMARY: NMFS has determined that the Indian tribal fishery will be 
unable to harvest 10,000 metric tons (mt) of their 2001 Pacific whiting 
(whiting) allocation. NMFS therefore, announces the reapportionment of 
surplus whiting from the tribal allocation to the catcher/processor, 
mothership, and shore-based sectors. This action is intended to provide 
for the full harvest of whiting available to the 2001 fishery.

DATES: Effective noon, local time (l.t.) September 17, 2001, unless 
modified, superseded, or rescinded, until the effective date of the 
2002 annual specifications and management measures, which will be 
published in the Federal Register. Comments will be accepted through 
October 5, 2001.

ADDRESSES: Submit comments to Donna Acting Administrator, Northwest 
Region (Regional Administrator), NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070; or Rod McInnis, Acting Regional Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Becky Renko, 206-526-6110.

SUPPLEMENTARY INFORMATION: 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. On January 11, 2001 (66 FR 2338), the levels of allowable 
biological catch (ABC), the optimum yield (OY) the tribal allocation, 
and the commercial OY (the OY minus the tribal allocation)

[[Page 48371]]

for U.S. harvests of whiting were announced in the Federal Register. 
For 2001 the whiting ABC and OY are 190,400 mt (mt), the tribal whiting 
allocation is 27,500 mt, and the commercial OY is 162,900 mt.
    Regulations at 50 CFR 660.323(a)(4) divide the commercial OY into 
separate allocations for the non-tribal catcher/processor, mothership, 
and shore-based sectors of the whiting fishery. The catcher/processor 
sector is composed of vessels that harvest and process whiting. 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. The shoreside sector is 
composed of vessels that harvest whiting for delivery to shoreside 
processors. Each sector receives a portion of the commercial OY, with 
the catcher/processors getting 34 percent (55,386 mt), motherships 
getting 24 percent (39,096 mt), and the shore-based sector getting 42 
percent (68,418 mt).
    On August 31, 2001, NMFS received notification from the tribal 
fishery participants indicating that 10,000 mts of the tribal 
allocation was not expected to be harvested before the end of the 
fishing year. As a result, NMFS announces the reapportionment of the 
10,000 mt surplus whiting from the tribal allocation to the catcher/
processor, mothership, and shore-based sectors. Regulations at 50 CFR 
660.323 (a)(3)(iv) provide for the reapportionment of allocation that 
the Regional Administrator determines will not be used by the end of 
the fishing year. Such reapportionments are to be disbursed in the same 
proportion as each sector's allotted portion of the commercial OY. 
Therefore, in addition to the allocations announced on January 11, 
2001, the catcher/processors get an additional 3,400 mt(34 percent), 
the motherships get an additional 2,400 mt (24 percent), and the shore-
based sector get an additional 4,200 mt (42 percent). The total 
allocation for 2001 by sector is: catcher/processor 58,786 mt, 
motherships 41,496 mt, and shore-based 72,618 mt.
    NMFS announced the end of the 2001 primary season for the shore-
based Pacific whiting fishery at noon local time (l.t.) August 21, 
2001, because the allocation was projected to be reached at that time. 
To provide the shore-based participants access to the reapportioned 
whiting, this document announces the resumption of the primary season 
for the shore-based whiting fishery at noon l.t., Monday, September 17, 
2001.

NMFS Action

    This action announces the reapportionment of 10,000 mt of surplus 
whiting from the Indian tribal fishery to the catcher/processor, 
mothership, and shore-based sectors of the non-tribal whiting fishery. 
The revised tribal allocation for 2001 will be 17,500 mt. The 
commercial allocations for 2001 by sector are: catcher/processor 58,786 
mt, motherships 41,496 mt, and shore-based 72,618 mt.
    Effective noon l.t., Monday, September 17, 2001, the 2001 primary 
season for the shore-based sector of the whiting fishery resumes. 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, 
a 10,000-lb (4,536 kg) trip limit applies, as announced in the annual 
management measures at paragraph IV, B (3)(c)(ii).

Classification

    These actions are authorized by the FMP and regulations at 50 CFR 
part 660 subpart G, which governs the harvest of groundfish in the U.S. 
exclusive economic zone off the coasts of Washington, Oregon, and 
California. The determination to take these actions is based on the 
most recent fishery data and recent notification from the tribal 
representatives. Because of the need for immediate action, NMFS has 
determined that providing an opportunity for prior notice and comment 
would be impractical and contrary to public interest. Delay of this 
action could push the whiting season into inclement autumn weather. 
Because the shore-based and mothership sectors are composed of smaller 
catcher vessels, the agency believes that the risk of pushing the 
season into inclement weather constitutes good cause to waive the 30-
day delay in effectiveness. In addition, the shore-based processors 
need an immediate reallocation if they are to keep their workers 
employed. These actions are taken under the authority of 50 CFR 
660.323(a)(2), and are exempt from review under Executive Order 12866.
    The determination to take this action 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 Regional 
Administrator (see ADDRESSES) during business hours. This action is 
taken under the authority of 50 CFR 660.323(a)(4)(iii)(A).

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

    Dated: September 14, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-23471 Filed 9-17-01; 2:29 pm]
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