[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61393-61394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21182]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040830250-5109-04; I.D. 101805C]


Fisheries off West Coast States and in the Western 
Pacific;Pacific Coast Groundfish Fishery; End of the Pacific Whiting 
Primary Season for the Catcher/processor Sector

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 Pacific whiting (whiting) 
primary season for the catcher/processor sector at 1800 local time 
(l.t.) October 18, 2005, because the allocation for the catcher/
processor will be reached by that time. This action is intended to keep 
the harvest of whiting within the 2005 allocation levels.

DATES: Effective from October 18, 2005, until the start of the 2006 
primary season for the catcher-processor sector, unless modified, 
superseded or rescinded. Comments will be accepted through November 8, 
2005.

ADDRESSES: You may submit comments, identified by I.D. 101805C, by any 
of the following methods:
     E-mail: [email protected] Include I.D. 
101805C 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 2005 non-tribal commercial OY for whiting is 232,069 mt (this 
is calculated by deducting the 35,000-mt tribal allocation and 2,000 mt 
for research catch and bycatch in non-groundfish fisheries from the 
269,069 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 2005, the catcher/processors received 34 percent (78,903 mt), 
the mothership sector received 24 percent (55,696 mt), and the shore-
based sector received 42 percent (97,469 mt).
    Regulations at 50 CFR 660.373(b) describe the primary season for 
mothership 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 17, 2005, indicated that the catcher/processor allocation would 
be reached by October 18, 2005, 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 660.373(b), NMFS herein announces that effective October 18, 
2005, 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 (3)(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 mothership 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 660.373 (b) and is exempt from review under Executive Order 12866.

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


[[Page 61394]]


    Dated: October 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 05-21182 Filed 10-19-05; 11:35 am]
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