[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Rules and Regulations]
[Pages 61634-61635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021209300-3048-02; I.D. 101003F]


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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[[Page 61635]]

SUMMARY: NMFS announces closure of the 2003 catcher/processor fishery 
for Pacific whiting (whiting) at noon local time (l.t.) October 24, 
2003, 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 2003 allocation levels.

DATES: Effective from noon l.t. October 24, 2003, until the start of 
the 2004 primary season for the catcher/processor sector, unless 
modified, superseded or rescinded. Comments will be accepted through 
November 13, 2003.

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 March 7, 2003 (68 FR 11182), 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 2003 the whiting ABC is 188,000 
metric tons (mt), the OY is 148,200 mt and the commercial OY is 121,200 
mt. On June 16, 2003 (68 FR 35575) a subsequent Federal Register notice 
was published to correct an error in the allocation for the catcher 
processor and mothership sectors of the whiting fishery.
    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 mothership, 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 2003, 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 2003, these percentage allowances of the 
whiting resulted in the following allocations OY: 41,208 mt for the 
catcher/processors, 29,088 mt for the motherships, and 50,904 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 23, 2003, indicated that the 41,208 mt catcher/processor 
allocation would be reached by noon l.t. October 24, 2003, 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 noon 
l.t. October 24, 2003, 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. The Assistant Administrator for Fisheries, NMFS, finds good 
cause to waive the requirement to provide prior notice and opportunity 
for comment on this action pursuant to 5 U.S.C. 553 (b)(B), because 
providing prior notice and opportunity would be impracticable and 
contrary to the public interest. It would be impracticable and contrary 
to the pubic interest because if this closure were delayed in order to 
provide notice and comment, the fishery would be expected to greatly 
exceed the sector allocation. A delay to provide a cooling off period 
also would be expected to cause the fishery to exceed its allocation. 
Therefore, good cause also exists to waive the 30-day delay in 
effectiveness requirement of 5 U.S.C. 553 (d)(3). 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) and is exempt from review under Executive 
Order 12866.

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

    Dated: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27248 Filed 10-24-03; 2:59 pm]
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