[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Rules and Regulations]
[Pages 67285-67286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25504]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 031216314-4118-03; I.D. 111004E]


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 2004 catcher-processor fishery 
for Pacific whiting (whiting) at 0001 local time (l.t.) November 11, 
2004, 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 2004 allocation levels.

DATES: Effective from 0001 l.t. November 11, 2004, until the effective 
date of the 2005 primary season for the catcher-processor sector, which 
will be published in the Federal Register. Comments will be accepted 
through December 2, 2004.

ADDRESSES: You may submit comments, by any of the following methods:
     E-mail: [email protected]: identified by [I.D. 
111004E] in the subject line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 206-526-6736, Attn: Becky Renko.
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky 
Renko.

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.
    The 2004 non-tribal commercial OY for whiting is 215,500 mt (this 
is calculated by deducting the 32,500-mt tribal allocation and 2,000 mt 
for research catch and bycatch in non-groundfish fisheries from the 
250,000 mt total catch OY). Regulations at 50 CFR 660.323(a) divide the 
commercial whiting OY into separate allocations for the catcher-
processor, mothership, and shore-based sectors. 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 shore-based sector is 
composed of vessels that harvest whiting for delivery to land-based 
processors. Each commercial sector receives a portion of the commercial 
OY. For 2004 the catcher-processors received 34 percent (73,270 mt), 
motherships received 24 percent (51,720 mt), and the shore-based sector 
received 42 percent (90,510 mt).
    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 
November 10, 2004, indicated that the catcher-processor allocation 
would be reached by 0001 l.t. November 11, 2004, 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(b)(1) and (e), NMFS herein announces: Effective 0001 
l.t. November 11, 2004, 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, NOAA, 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 (3)(b)(B), because 
providing prior notice and opportunity would be impracticable. It would 
be impracticable because if this closure were delayed in

[[Page 67286]]

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(b)(1) and (e) and is exempt from review under Executive 
Order 12866.

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

    Dated: November 10, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25504 Filed 11-12-04; 4:10 pm]
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