[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Page 64826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020402077-01; I.D. 101502B]


Fisheries Off West Coast States and in the Western 
Pacific;Pacific Coast Groundfish Fishery; Whiting Closure for the 
Catcher/Processor Sector

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces closure of the 2002 catcher/processor fishery 
for Pacific whiting (whiting) at 0000 local time (l.t.) October 16, 
2002, because the allocation for the catcher/processor sector will be 
reached by that time. This action is intended to keep the harvest of 
whiting within the 2002 allocation levels.

DATES: Effective from 0000 l.t. October 16, 2002, until the start of 
the 2003 primary season for the catcher/processor sector, unless 
modified, superseded or rescinded in which case it will be announced in 
the Federal Register. Comments will be accepted through November 6, 
2002.

ADDRESSES: Submit comments to D. Robert Lohn, Administrator,
    Northwest Region, 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 at 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 April 15, 2002 (67 FR 18117), the levels of allowable 
biological catch (ABC), the optimum yield (OY) and the commercial OY 
(the OY minus the tribal allocation) for U.S. harvests of whiting were 
announced in the Federal Register. For 2002, the whiting ABC is 166,000 
metric tons (mt), the OY is 129,600 mt, and the commercial OY is 
106,920 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. The shoreside sector is composed of 
vessels that harvest whiting for delivery to shoreside processors. Each 
of these sectors receives a portion of the commercial OY. In 2001, the 
catcher/processors received 34 percent, motherships received 24 
percent, and the shore-based sector received 42 percent. When applied 
to the commercial OY for 2002, this resulted in the following 
allocations: 36,353 mt for the catcher/processors, 25,661 mt for the 
motherships, and 44,906 mt for the shore-based sector.
    Regulations at 50 CFR 660.323(a)(3)(i) describe the primary season 
for catcher/processors as the period(s) when at-sea processing is 
allowed and the fishery is open for the catcher/processor sector. When 
each sector's allocation is reached, the primary season for that sector 
is ended.

NMFS Action

    This action announces achievement of the allocation for the 
catcher/processor sector only. The best available information on 
October 15, 2002, indicated that the 36,353 mt catcher/processor 
allocation would be reached by 0000 l.t. October 16, 2002, at which 
time the primary season for the catcher/processor sector ends.
    For the reasons stated here and in accordance with the regulations 
at 50 CFR 660.323(a)(4)(iii)(A), NMFS herein announces: Effective 0000 
l.t. October 16, 2002, 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.

Classification

    This action is authorized by the regulations implementing the FMP. 
The determination to take this action is based on the most recent data 
available. NMFS finds good cause to waive the requirement to provide 
prior notice and comment on this action pursuant to 5 U.S.C. 553(b)(B), 
because providing prior notice and opportunity for comment would be 
impracticable. It would be impracticable because if this closure were 
delayed in order to provide notice and comment, the fishery could be 
expected to exceed the sector allocation. 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. NMFS also find good cause under 5 U.S.C. 553 (d)(3) to waive the 
30 day delay in the effective date of this rule. Such a delay would 
allow the catcher/processor sector of the whiting fishery to continue 
harvesting whiting and thus exceed its 2002 allocation of whiting. This 
action is taken under the authority of 50 CFR 660.323(a)(4)(iii)(A) and 
is exempt from review under Executive Order 12866.

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

    Dated: October 16, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-26693 Filed 10-16-02; 4:00 pm]
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