[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25315]
[[Page Unknown]]
[Federal Register: October 13, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 663
[Docket No. 940254-4104; I.D. 100594D]
Pacific Coast Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishing restrictions; request for comments.
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SUMMARY: NMFS announces that further processing at sea of Pacific
whiting (whiting) off Washington and Oregon was prohibited at 2 p.m.
local time Wednesday, October 5, 1994. This action was authorized by
the Pacific Coast Groundfish Fishery Management Plan (FMP) and was
necessary to provide adequate amounts of whiting for shoreside
processors and to achieve the allocations adopted for 1994.
DATES: Effective 2 p.m. (local time) October 5, 1994, through December
31, 1994. Comments will be accepted until November 14, 1994. The
aggregate data upon which the determination is based are available for
public inspection at the Office of the Director, Northwest Region (see
ADDRESSES) during business hours until November 14, 1994.
ADDRESSES: Submit comments to Mr. William Stelle, Jr., Director,
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Bldg. 1,
Seattle, WA 98115-0070; or Mr. Rodney McInnis, Acting Director,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.
SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 663.23(b)(4)
allocate whiting in 1994-1996 between fishing vessels that deliver at
sea (catcher/processors and catcher boats delivering to motherships)
and those that deliver shoreside (see the final rule published at 59 FR
17491, April 13, 1994). When 60 percent of the annual harvest guideline
is taken, further at-sea processing is prohibited and the remaining 40
percent is reserved for use by vessels delivering shoreside. The
portion of the harvest guideline that the shoreside sector will not use
by the end of the year, will be made available for harvest by all
fishing vessels, whether delivering shoreside or at sea, by August 15
or as soon as practicable thereafter. Whiting may be released at a
later date if it becomes apparent that shore-based needs have been
substantially over-estimated (50 CFR 663.23(b)(4)(ii).
In 1994, the whiting harvest guideline is 260,000 metric tons (mt).
Of this, 104,000 mt was set aside initially as a reserve for shoreside
processing. At-sea processing of whiting was prohibited on May 13,
1994, when 60 percent (156,000 mt) of the harvest guideline was
projected to be reached (59 FR 25832, May 18, 1994). Shore-based
production was evaluated in early August. No whiting was determined to
be surplus to shore-based needs, so no release was made on August 15,
1994.
Shore-based production was reevaluated in late September. The NMFS
Regional Director, Northwest Region, determined that of the 38,000 mt
of the harvest guideline remaining after September 25, 1994, 16,000 mt
were surplus to shore-based needs. This surplus was made available for
at-sea processing on October 1, 1994 (59 FR 50857, October 6, 1994),
with the remaining 22,000 mt in reserve for shore-based processing.
The best available data on October 4, 1994 indicate that
approximately 8,300 mt of whiting had been processed at sea through
October 3, 1994, with a projected catch rate of 5,000 mt per day. At
that rate, the 16,000-mt reserve release would be reached by 2 p.m.
(local time) Wednesday, October 5, 1994. When the released amount is
reached, or projected to be reached, further at-sea processing is
prohibited.
The regulations at 50 CFR 663.23(b)(4)(iv) state that in order to
prevent exceeding the limits or underutilizing the resource,
adjustments may be made effective immediately by actual notice to
fishermen and processors, by phone, fax, Northwest Region computerized
bulletin board (contact 206-526-6128), letter, press release, and/or
U.S. Coast Guard Notice to Mariners (monitor channel 16 VHF), followed
by publication in the Federal Register, in which instance public
comment will be sought for a reasonable period of time thereafter. If
insufficient time exists to consult with the Council, the Regional
Director will inform the Council in writing of actions taken. The at-
sea processing industry was advised of this action by ``actual notice''
on October 4, 1994, to avoid exceeding the limit for at-sea processing.
This Federal Register notice confirms the action.
The Council will be informed by writing of this action.
Secretarial Action
For the reasons stated above, and in accordance with 50 CFR
663.23(b)(4)(iv), after 2 p.m. (local time) October 5, 1994, at-sea
processing of whiting is prohibited (except for whiting that was on
board the vessel prior to that time), and the taking and retaining, or
receiving (except as cargo), of whiting by a vessel in the fishery
management area with processed whiting on board is prohibited. Any
vessel used to fish for whiting for processing at sea must have its
trawl doors on board and attached to the trawl (50 CFR 663.7(o)).
Classification
The determination to prohibit further at-sea processing of Pacific
whiting is based on the most recent data available. Those data are
available for public inspection (see DATES and ADDRESSES). This action
is taken under the authority of 50 CFR 663.23(b)(4)(iv) (added by final
rule published at 59 FR 17493, April 13, 1994), and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 6, 1994.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Fisheries Service.
[FR Doc. 94-25315 Filed 10-7-94; 11:48 am]
BILLING CODE 3510-22-F
