Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 67285

determine when the harvest of Atlantic 

herring is projected to reach 95 percent 

of the TAC allocated. When such a 

determination is made, NMFS is 

required to publish notification in the 

Federal Register notifying vessel and 

dealer permit holders that, effective 

upon a specific date, vessels may not 

fish for, catch, possess, transfer or land 

more than 2,000 lb (907.2 kg) of herring 

per trip or calendar day in or from the 

specified management area for the 

remainder of the closure period.

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 95 

percent of the total Atlantic herring TAC 

allocated to Area 1A for the 2004 fishing 

year is projected to be harvested by 

November 19, 2004. Therefore, effective 

0001 hrs local time, November 19, 2004, 

federally permitted vessels may not fish 

for, catch, possess, transfer or land more 

than 2,000 lb (907.2 kg) of Atlantic 

herring in or from Area 1A per trip or 

calendar day through December 31, 

2004; except a vessel may transit , or 

land herring in Area 1A with more than 

2,000 lb (907.2 kg) of herring on board, 

provided such herring were not caught 

in Area 1A, and provided all fishing 

gear is stowed and not available for 

immediate use as required by 

§ 648.23(b). Effective November 19, 

2004, federally permitted dealers are 

also advised that they may not purchase 

Atlantic herring from federally 

permitted Atlantic herring vessels that 

harvest more than 2,000 lb (907.2 kg) of 

Atlantic herring from Area 1A through 

December 31, 2004, 2400 hrs local time.

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866.

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

Dated: November 12, 2004. 

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25505 Filed 11–12–04; 3:59 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 031216314–4118–03; I.D. 

111004E]

Fisheries off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Whiting Closure 

for the Catcher-processor Sector

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Fishing restrictions; request for 

comments.

SUMMARY: NMFS announces closure of 

the 2004 catcher-processor fishery for 

Pacific whiting (whiting) at 0001 local 

time (l.t.) November 11, 2004, because 

the allocation for the catcher-processor 

sector will be reached by that time. This 

action is intended to keep the harvest of 

whiting within the 2004 allocation 

levels.

DATES: Effective from 0001 l.t. 

November 11, 2004, until the effective 

date of the 2005 primary season for the 

catcher-processor sector, which will be 

published in the Federal Register. 

Comments will be accepted through 

December 2, 2004.

ADDRESSES: You may submit comments, 

by any of the following methods:

• E-mail: 

WhitingCPclosure.nwr@noaa.gov: 

identified by [I.D. 111004E] in the 

subject line of the message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting 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: 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 2004 non-tribal commercial OY 

for whiting is 215,500 mt (this is 

calculated by deducting the 32,500–mt 

tribal allocation and 2,000 mt for 

research catch and bycatch in nongroundfish fisheries from the 250,000 

mt total catch OY). Regulations at 50 

CFR 660.323(a) divide the commercial 

whiting OY into separate allocations for 

the catcher-processor, mothership, and 

shore-based sectors. The catcherprocessor sector is composed of vessels 

that harvest and process whiting. The 

mothership sector is composed of 

motherships and catcher vessels that 

harvest whiting for delivery to 

motherships. Motherships are 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 2004 the catcher-processors 

received 34 percent (73,270 mt), 

motherships received 24 percent (51,720 

mt), and the shore-based sector received 

42 percent (90,510 mt).

Regulations at 50 CFR 660.323(a)(3)(i) 

describe the primary season for catcherprocessors as the period(s) when at-sea 

processing is allowed and the fishery is 

open for the catcher-processor sector. 

When each sector’s allocation is 

reached, the primary season for that 

sector is ended.

NMFS Action

This action announces achievement of 

the allocation for the catcher-processor 

sector only. The best available 

information on November 10, 2004, 

indicated that the catcher-processor 

allocation would be reached by 0001 l.t. 

November 11, 2004, at which time the 

primary season for the catcher-processor 

sector ends.

For the reasons stated here and in 

accordance with the regulations at 50 

CFR 660.323(b)(1) and (e), NMFS herein 

announces: Effective 0001 l.t. November 

11, 2004, further taking and retaining, 

receiving or at-sea processing of whiting 

by a catcher-processor is prohibited. No 

additional unprocessed whiting may be 

brought on board after at-sea processing 

is prohibited, but a catcher-processor 

may continue to process whiting that 

was on board before at-sea processing 

was prohibited.

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. 

The Assistant Administrator for 

Fisheries, NOAA, 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

67286 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 

order to provide notice and comment, 

the fishery would be expected to greatly 

exceed the sector allocation. A delay to 

provide a cooling off period also would 

be expected to cause the fishery to 

exceed its allocation. 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 660.323(b)(1) and (e) and is 

exempt from review under Executive 

Order 12866.

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

Dated: November 10, 2004. 

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25504 Filed 11–12–04; 4:10 pm]

BILLING CODE 3510–22–S