[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48897-48898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16608]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040830250-5109-04; I.D. 081605C]
RIN 0648-AS27


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary 
Season for the Shore-based Sector and the Resumption of Trip Limits

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

ACTION: Temporary rule; fishing restrictions; request for comments.

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SUMMARY: NMFS announces the end of the 2005 primary season for the 
Pacific whiting (whiting) shore-based sector at 2100 local time (l.t.) 
August 18, 2005, because the allocation is projected to be reached. 
This action is intended to keep the harvest of whiting at the 2005 
allocation levels.

DATES: Effective from 2100 l.t. August 18, 2005, until January 1, 2006. 
Comments will be accepted through September 6, 2005.

ADDRESSES: You may submit comments, identified by I.D. 0081605C, by any 
of the following methods:
     E-mail: [email protected]. Include I.D. 
081605C 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 regulations at 50 CFR 660.323(a) establish separate allocations 
for the catcher/processor, mothership, and shore-based sectors of the 
whiting fishery. For 2005, the 232,069 mt commercial harvest guideline 
for whiting is divided with the catcher/

[[Page 48898]]

processor sector receiving 78,903 mt (34 percent); the mothership 
sector receiving 55,696 mt (24 percent); and the shore-based sector 
receiving 97,469 mt (42 percent).
    Regulations at 50 CFR 660.373(b) describe the primary season for 
each sector. The primary season for the shore-based sector is the 
period(s) when the large-scale target fishery is conducted, and when 
``per trip'' limits are not in effect. Before and after the primary 
season, per-trip limits are in effect for whiting.
    The best available information on August 16, 2005, indicates that 
89,406 mt had been taken through August 14, 2005, and that the 97,469 
mt shore-based allocation will be reached by 2100 l.t. August 18, 2005. 
This Federal Register document announces that the primary season for 
the shore-based sector ends on August 18, 2005, and a 10,000-lb (4,536 
kg) trip limit is imposed as of August 18, 2005. Per-trip limits are 
for vessels using large or small footrope trawl gear and are intended 
to accommodate small bait and fresh fish markets, and bycatch in other 
fisheries. To minimize incidental catch of Chinook salmon by vessels 
fishing shoreward of the 100 fm (183 m) contour in the Eureka area, at 
any time during a fishing trip, a limit of 10,000-lb (4,536 kg) of 
whiting is in effect year-round, except when landings of whiting are 
prohibited.

NMFS Action

    For the reasons stated above, and in accordance with the 
regulations at 50 CFR 660.323(b)(3), NMFS herein announces:
    Effective 2100 l.t. August 18, 2005, no more than 10,000-lb (4,536 
kg) of whiting may be taken and retained, possessed or landed by any 
vessel participating in the shore-based sector of the whiting fishery, 
unless otherwise announced in the Federal Register. 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, the 10,000-lb 
(4,536-kg) trip limit applies, as announced in the annual management 
measures at paragraph IV, B (3)(c)(ii), except when the whiting fishery 
is closed.

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. It would 
be impracticable because if this closure were delayed in order to 
provide notice and comment, the fishery would be expected to greatly 
exceed the sector allocation. This would either result in the entire 
whiting optimum yield being exceeded, or in the allocations for the 
other sectors being reduced. 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)(3) and is exempt from review under 
Executive Order 12866.

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

    Dated: August 16, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-16608 Filed 8-17-05; 2:42 pm]
BILLING CODE 3510-22-S