[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Rules and Regulations]
[Page 72630-72631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de07-13]
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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the 2008 primary seasons, unless modified, superseded or rescinded.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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