[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Pages 59405-59406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16676]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6028-03; I.D. 100206A]


Fisheries off West Coast States; Pacific Coast Groundfish Pacific 
Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for 
the Mothership 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 the end of the 2006 Pacific Whiting (whiting) 
Primary Season for the mothership sector at 9 p.m. local time (l.t.) 
September 29, 2006, because the allocation for the mothership sector is 
projected to be reached by that time. This action is intended to keep 
the harvest of whiting within the 2006 allocation levels.

DATES: Effective from 9 p.m. l.t. September 29, 2006, until the start 
of the 2007 primary season for the mothership sector, unless modified, 
superseded or rescinded. Comments will be accepted through October 25, 
2006.

ADDRESSES: You may submit comments, identified by 051014263-6028-03, by 
any of the following methods:
     E-mail: [email protected] Include 051014263-
6028-03 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. For mothership processors, the primary season is the 
period when at-sea processing is allowed and the fishery is open for 
catcher vessels that harvest whiting for the mothership 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 
mothership sector only. The best available information on September 29, 
2006, indicated that the mothership allocation would be reached by 9 
p.m. l.t. September 29, 2006, at which time the primary season for the 
mothership sector ends.
    For the reasons stated here and in accordance with the regulations 
at 50 CFR 660.323(b), NMFS herein announces that, effective 9 p.m. l.t. 
September 29, 2006, further receiving or at-sea processing of whiting 
by a mothership is prohibited. No additional unprocessed whiting may be 
brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited, and whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
mothership sector.

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 comment 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.

[[Page 59406]]

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) and is exempt from 
review under Executive Order 12866.

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

    Dated: October 3, 2006.
James P. Burgess,
Acting Director, Office Of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-16676 Filed 10-6-06; 8:45 am]
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