[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Page 66693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19395]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6028-03; I.D. 110706A]


Fisheries off West Coast States; Pacific Coast Groundfish 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: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces the end of the 2006 Pacific Whiting (whiting) 
Primary Season for the catcher-processor sector at 4 pm local time 
(l.t.) November 3, 2006, because the allocation for the catcher-
processor sector is projected to have been reached by that time. This 
action is intended to keep the harvest of whiting within the 2006 
allocation levels.

DATES: Effective from 4 pm l.t. November 3, 2006, until the start of 
the 2007 primary season for the catcher-processor sector, unless 
modified, superseded or rescinded. Comments will be accepted through 
December 1, 2006.

ADDRESSES: You may submit comments, identified by [I.D. 110706A], by 
any of the following methods:
    1.E-mail:. [email protected] Include [I.D. 110706A] in 
the subject line of the message.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    3. Fax: 206-526-6736, Attn: Becky Renko.
    4. 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 catcher-processors, the primary season is the period 
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.
    To prevent an allocation from being exceeded, regulations at 50 CFR 
660.323 (e) allow closure of the commercial whiting fisheries by actual 
notice to the fishery participants. Actual notice includes e-mail, 
internet, phone, fax, letter or press release. NMFS provided actual 
notice by fax to the catcher/processors on November 3, 2006.

NMFS Action

    This action announces achievement of the allocation for the 
catcher-processor sector only. The best available information indicated 
that the catcher-processor allocation would be reached by 4 pm November 
3, 2006, 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), NMFS herein announces that, effective 4 pm 
November 3, 2006, further receiving or at-sea processing of whiting by 
catcher-processors 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 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 catcher-processor sector allocation and the OY for whiting. 
A delay to provide a cooling off period also would be expected to cause 
the fishery to exceed its allocation and the whiting OY. 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: November 09, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-19395 Filed 11-15-06; 8:45 am]
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