[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Rules and Regulations]
[Pages 72630-72631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24864]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.060824226-6322-02]
RIN 0648-XE38


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Pacific Whiting Allocation

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reapportionment of surplus Pacific whiting allocation; request 
for comments.

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SUMMARY: NMFS has determined that 6,000 metric tons (mt) of the 87,398 
mt shore-based sectors allocation would not be used by December 31, 
2007. Therefore, automatic action was taken to reapportion the surplus 
whiting.

DATES: Effective from noon l.t. November 28, 2007, until the start of 
the 2008 primary seasons, unless modified, superseded or rescinded. 
Comments will be accepted through January 7, 2008.

ADDRESSES: You may submit comments, identified by the RIN number 0648-
XE38, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     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
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All personal identifying information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110

SUPPLEMENTARY INFORMATION: This action is authorized by regulations

[[Page 72631]]

implementing the Pacific Coast Groundfish Fishery Management Plan 
(FMP), which governs the groundfish fishery off Washington, Oregon, and 
California.
    The 2007 non-tribal commercial OY for whiting is 208,091 mt. 
Regulations at 50 CFR 660.323(a)(4) divide the commercial whiting 
optimum yield (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).
    The best available information on November 28, 2007, indicated that 
6,000 metric tons (mt) of the 87,398 mt shore-based sector's allocation 
would not be used by December 31, 2007. Therefore, automatic action was 
taken to reapportion the surplus whiting. Such reapportionments are 
generally disbursed to the other sectors in the same proportion as each 
sector's allotted portion of the commercial OY. However, the mothership 
sector did not express an interest in harvesting reapportioned whiting 
in 2007. Therefore, all surplus whiting from the shore-based sector was 
reallocated to the catcher/processor sector. Facsimiles directly to 
fishing businesses and postings on the Northwest Regions internet site 
were used to provide actual notice to the affected fishers.

NMFS Action

    This action announces the reapportionment of 6,000 mt of whiting 
from the shore-based sector to the catcher/processor sector at noon 
local time November 28, 2007. The revised Pacific whiting allocations 
by sector for 2007 are: catcher/processor, 76,751 mt; mothership, 
49,942 mt; and shore-based, 81,398 mt.

Classification

    The determination to take this action is based on the most recent 
data available. 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 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 of the need for immediate action. NMFS has 
determined that providing an opportunity for prior notice and comment 
would be impractical and contrary to public interest. Delay of this 
action would leave whiting unharvested. Unlike the catcher/processors, 
the smaller shore-based and mothership sectors are comprised of smaller 
catcher vessels that are less likely to operate in inclement fall and 
winter weather. The agency believes this constitutes good cause to 
waive the 30-day delay in effectiveness. In addition, the catcher/
processors need an immediate reallocation if they are to keep their 
workers employed. This actions is taken under the authority of 50 CFR 
660.323(a)(2), and are exempt from review under Executive Order 12866. 
Actual notice of the reapportionment was provided to the affected 
fishers.

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

    Dated: December 17, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-24864 Filed 12-20-07; 8:45 am]
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