[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Rules and Regulations]
[Pages 44590-44591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6028-03; I.D. 080106A]


Fisheries Off West Coast States; 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; request for comments.

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SUMMARY:  NMFS announces the end of the 2006 primary season for the 
Pacific whiting (whiting) shore-based sector at 6 p.m. local time 
(l.t.) August 2, 2006, because the allocation is projected to be 
reached. This action is intended to keep the harvest of whiting at the 
2006 allocation levels.

DATES:  Effective from 6 p.m. l.t. August 2, 2006, until January 1, 
2007.
    Comments will be accepted through August 22, 2006.

ADDRESSES:  You may submit comments, identified by [docket number and/
or RIN number], by any of the following methods:
     E-mail:. [email protected] Include [docket 
number and/or RIN number] 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 2006, the 232,069 mt commercial harvest guideline 
for whiting is divided with the catcher/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 July 31, 2006, indicates that 
81,159 mt had been taken through July 27, 2006, 2006, and that the 
97,469 mt shore-based allocation will be reached by August 2, 2006. 
This Federal Register document announces that the primary season for 
the shore-based sector ends on August 2, 2006, and a 10,000-lb (4,536-
kg) trip limit is imposed. 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 6 p.m. l.t. August 2, 2006, 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)

[[Page 44591]]

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 1, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries , National Marine 
Fisheries Service.
[FR Doc. 06-6737 Filed 8-2-06; 12:58 pm]
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