71 FR 105 pgs. 31104-31105 - Fisheries off West Coast States; Pacific Coast Groundfish Fishery;Suspension of the Primary Pacific Whiting Season for the Shore-based SectorSouth of 42° North Latitude
Type: RULEVolume: 71Number: 105Pages: 31104 - 31105
Docket number: [Docket No. 060424110-6110-01; I.D. 052406B]
FR document: [FR Doc. 06-4987 Filed 5-25-06; 3:28 pm]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 060424110-6110-01; I.D. 052406B]
Fisheries off West Coast States; Pacific Coast Groundfish Fishery;Suspension of the Primary Pacific Whiting Season for the Shore-based SectorSouth of 42° North Latitude
AGENCY:
National Marine Fisheries Service (NMFS),National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Fishing restrictions; request forcomments.
SUMMARY:
NMFS announces the suspension of the primaryseason for Pacific whiting (whiting) fishery for the shore-based sectorsouth of 42° N. lat. at 1800 hours local time (l.t.) May 25, 2006."Per trip" limits for whiting will be reinstated until 0001hours June 15, 2005, at which time the primary season for the shore-basedsector will be open coastwide. This action is authorized by regulationsimplementing the Pacific Coast Groundfish Fishery Management Plan (FMP),which governs the groundfish fishery off Washington, Oregon, andCalifornia. This action is intended to keep the harvest of whiting at the2006 allocation levels.
DATES:
Effective from 1800 hours l.t. May 25, 2006until 0001 hours June 15, 2006. Comments will be accepted through June 16, 2006.
ADDRESSES:
You may submit comments, identified by I.D.052406B by any of the following methods:
• E-mail:. 2006WhitingCAclosure.nwr@noaa.gov .Include I.D 052406B in the subject line of the message.
• Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions forsubmitting comments.
• 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: BeckyRenko.
FOR FURTHER INFORMATION CONTACT:
Becky Renko at206-526-6110.
SUPPLEMENTARY INFORMATION:
The regulations at 50 CFR660.323(a) established separate allocations for the catcher/processor,mothership, and shore-based sectors of the whiting fishery. For 2006, the232,069 mt commercial harvest guideline for whiting is divided with thecatcher/processor sector receiving 78,903 mt (34 percent), the mothershipsector receiving 55,696 mt (24 percent), and the shore-based sectorreceiving 97,469 mt (42 percent). The regulations further divide theshore-based allocation so that no more than 5 percent (4,873 mt) of theshore-based allocation may be taken in waters off the State of Californiabefore the primary season begins north of 42° N. lat.
The primary season for the shore-based sector is the period or periodswhen the large-scale target fishery is conducted, and when "pertrip" limits are not in effect. Because whiting migrate from southto north during the fishing year, the shore-based primary whiting seasonbegins earlier south of 42° N. lat. than north. For 2006: the primaryseason for the shore-based sector between 42°-40°30' N. lat.began on April 1; south of 40°30' N. lat., the primary seasonbegan on April 15; and the fishery north of 42° N. lat. is scheduled tobegin June 15.
Because the 4,873 mt allocation for the early season fishery offCalifornia is estimated to be reached, NMFS is announcing the suspension ofthe primary whiting season south of 42° N. lat. Regulations at 50 CFR660.323 (b)(4) allow this action to be taken. The 20,000-lb (9,072 kg)trip limit that was in place before the start of the southern primaryseason is being reinstated and will remain in effect until the primary season begins north of 42° N. lat. on June 15. A trip limit of 10,000lb (4,536 kg) of whiting is in effect year-round (unless landings ofwhiting are prohibited) for vessels that fish in the Eureka area shorewardof the 100-fm (183-m) contour at any time during a fishing trip. Thissmaller limit is intended to minimize incidental catch of Chinook salmon,which are more likely to be caught shallower than 100 fm (183 m) in theEureka area.
NMFS Action
This action announces achievement of the shore-based sector allocationspecified at 50 CFR 660.323(a) for the fishery south of 42° N. lat.The best available information on May 23, 2006, indicated that theshore-based fishery allocation for the area south of 42° N. lat wouldbe reached by 1800 l.t. May 25, 2006.
For the reasons stated here and in accordance with the regulations at 50CFR 660.323(b)(4), NMFS herein announces: Effective 1800 hours l.t. May 25,2006 until 0001 l.t., June 15, 2006, the primary whiting season south of42° N. lat is suspended. No more than 20,000-lb (9,072 kg) of whitingmay be taken and retained, possessed or landed by a catcher vesselparticipating in the shore-based sector of the whiting fishery. If avessel fishes shoreward of the 100 fm (183 m) contour in the Eureka area(43° - 40°30' N. lat.) at any time during a fishingtrip, the 10,000-lb (4,536 kg) trip limit applies.
Classification
This action is authorized by the regulations implementing the groundfishFMP. The determination to take these actions is based on the most recentdata available. The aggregate data upon which the determinations are basedare available for public inspection at the office of the RegionalAdministrator (see ADDRESSES ) during business hours.
The Assistant Administrator for Fisheries (AA), NMFS, finds good causeto waive the requirement to provide prior notice and opportunity forcomment on this action pursuant to 5 U.S.C. 553 (3)(b)(B), becauseproviding prior notice and opportunity would be impracticable. It would beimpracticable because if this restriction were delayed in order to providenotice and comment, it would allow the allocation for the shore-basedfishery south of 42° N. lat. to be exceeded. Similarly, the AA findsgood cause to waive the 30-day delay in effectiveness requirement of 5U.S.C. 553 (d)(3), as such a delay would cause the fishery south of 42°N. lat. to exceed its allocation. Allowing the early season fishery tocontinue would result in a disproportionate shift in effort, which couldresult in greater impacts on Endangered Species Act listed Chinook salmonand overfished groundfish species that had been considered when the 2006Pacific Coast groundfish harvest specifications were established. Thisaction is taken under the authority of 50 CFR 660.323(b)(4), and is exemptfrom review under Executive Order 12866.
Authority:
16 U.S.C. 1801 etseq.
Dated: May 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries,National Marine Fisheries Service.
[FR Doc. 06-4987 Filed 5-25-06; 3:28 pm]
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