[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46176-46177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070404078-0778-01]
RIN 0648-XB00


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; End of the Pacific Whiting Primary Season for the Catcher-
processor, Mothership and Shore-based Sectors

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 2007 Pacific Whiting (whiting) 
primary Season for the catcher-processor, mothership and shore-based 
sectors at 1800 local time (l.t.) July 26, 2007. This action is 
intended to minimize impacts on widow rockfish and to keep the harvest 
of widow rockfish, an overfished species, within its 2007 optimum yield 
(OY).

DATES: Effective from 1800 l.t. July 26, 2007, until the start of the 
2008 primary seasons, unless modified, superseded or rescinded in which 
NMFS will publish a notification in the Federal Register. Comments will 
be accepted through September 4, 2007.

ADDRESSES: You may submit comments, identified by [RIN number 0648-
XB00], by any of the following methods:
    1. E-mail:. [email protected] Include [RIN number 
0648-XB00] 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 2007 non-tribal commercial optimum yield (OY) for whiting is 
208,091 mt. Regulations at 50 CFR 660.323(a)(4) 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 catcher vessels that harvest whiting and 
mothership 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 2007, the catcher-processors received 34 percent 
(70,751 mt), motherships received 24 percent (49,942 mt), and the 
shore-based sector received 42 percent (87,398 mt).

Overfished Species

    The limited availability of overfished species that can be taken as 
incidental catch in the whiting fisheries, particularly canary, 
darkblotched and widow rockfish led to NMFS implementing bycatch limits 
for those species. With bycatch limits, the industry has the 
opportunity to harvest a larger whiting OY, providing the

[[Page 46177]]

incidental catch of overfished species does not exceed the adopted 
bycatch limits. If a bycatch limit is reached, all non-tribal sectors 
of the whiting fishery are closed for the remainder of the year. For 
2007, the following bycatch limits were specified for the non-tribal 
whiting sectors: 4.7 mt for canary rockfish, 25 mt for darkblotched 
rockfish and 220 mt for widow rockfish.
    The best available information on July 25, 2007, indicated that 
220.7 mt of widow rockfish had been taken in the whiting fisheries in 
2007. Accordingly, the primary seasons for the catcher-processor 
sector, mothership sector and the shore-based sectors were ended at 
1800 l.t. July 26, 2007 through actual notice to the fishers. Actual 
notice was made by fax, VHS radio notice to mariners, internet postings 
on the Northwest Region's whiting web site and the Oregon Department of 
Wildlife's whiting web site, and by emails sent to a public groundfish 
listserve maintained by NMFS Northwest Region.

NMFS Action

    This notice announces that the primary seasons for the catcher-
processor, mothership and shore-based sectors of the whiting fishery, 
was ended at 1800 l.t. July 26. The best available information on July 
25, 2007, indicated that 220.7 mt of widow rockfish has been taken by 
these sectors of the whiting fisheries. Because the bycatch limit had 
been reached and in accordance with the regulations at 50 CFR 
660.373(b)(4), NMFS announced that effective 1800 l.t. July 26, 2007: 
(1) further taking and retaining, receiving or at-sea processing of 
whiting by a catcher-processor is prohibited; (2) further taking and 
retaining, receiving or at-sea processing of whiting by a mothership 
processor is prohibited, and (3) 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. For vessels in the at-sea 
processing sectors, no additional unprocessed whiting may be brought on 
board after at-sea processing is prohibited, but a catcher-processor or 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. For vessels in the shore-based sector 
fishing shoreward of the 100 fm (183 m) contour in the Eureka area (43O 
- 40O30' N. lat.) at any time during a fishing trip, the 10,000-lb 
(4,536 kg) trip limit applies, as announced in the management measures 
660.373 (d).

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. Actual notice of the closure was provided to the fishers 
prior to the effective date. 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 catch of widow 
rockfish would be expected to result in the rebuilding-based OY being 
exceeded. The delay needed to provide a cooling off period also could 
be expected to result in the rebuilding-based OY for widow rockfish 
being exceeded. 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 E.O. 12866.

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

    Dated: August 10, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-16234 Filed 8-16-07; 8:45 am]
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