18572 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

meeting planned for April 25. The

Service will consider all comments

received during the comment period, as

well as all other available information,

in developing a negotiating position on

each of the species proposals. These

positions will be announced in the

Federal Register in early June just prior

to COP10. Also, in this pre-COP10

notice the Service plans to request

comments on any reservations that

should be taken on any species

amendments (i.e., species changes to the

CITES appendices) adopted by the

Parties. Immediately after COP10, the

Service will announce the species

amendments to the appendices adopted

by the Parties; in accordance with

CITES, all such amendments will

become effective on September 18, 1997

(90 days after their adoption by the

Parties).

The primary authors of this notice are

Dr. Marshall A. Howe, Zoologist, Dr.

Bruce MacBryde, Botanist, and Dr.

Charles W. Dane, Chief, Office of

Scientific Authority.

This document is issued under

authority of the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.; 87 Stat.

884, as amended).

Lists of Subjects in 50 CFR Part 23

Endangered and threatened species,

Exports, Imports, Treaties.

Dated: April 8, 1997.

John G. Rogers,

Acting Director, U.S. Fish and Wildlife

Service.

[FR Doc. 97–9857 Filed 4–15–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 970403076–7076–0; I.D.

030397B]

RIN 0648–AI80

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Whiting Allocation

Among Nontribal Sectors

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: This rule proposes: Allocation

of the commercial harvest guideline of

Pacific whiting (whiting) among

nontribal sectors; a framework

procedure for annually choosing the

starting dates of the primary whiting

seasons for the nontribal sectors; and

allowing the processing of fish waste at

sea when at-sea processing of whiting is

otherwise prohibited. This rule also

proposes starting dates for the 1997

primary seasons under the proposed

framework. These actions are intended

to provide equitable allocation of the

whiting resource and to provide

flexibility in harvesting and processing

opportunities.

DATES: Comments will be accepted on or

before April 30, 1997.

ADDRESSES: Comments may be mailed to

William Stelle, Jr., Administrator,

Northwest Region, NMFS, 7600 Sand

Point Way NE., Seattle, WA 98115.

Comments on the information collection

requirements that would be imposed by

this rule should be sent to Mr. William

Stelle at the address above, and to the

Office of Information and Regulatory

Affairs of the Office of Management and

Budget, Washington DC, 20503. Other

information relevant to this proposed

rule is available for public review

during business hours at the Office of

the Administrator, Northwest Region,

NMFS. Copies of the environmental

assessment/regulatory impact review

also are available from that address.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140.

SUPPLEMENTARY INFORMATION: NMFS is

issuing a proposed rule, based on the

agency’s authority under the Pacific

Coast Groundfish Fishery Management

Plan (PCGFMP) and the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act). At the same time, NMFS is seeking

public comment on the starting dates for

the primary whiting seasons in 1997

and on several housekeeping measures.

These actions were recommended by

the Pacific Fishery Management Council

(Council) at its October 1996 meeting in

San Francisco, CA and at meetings of its

ad hoc whiting allocation subcommittee

that were held in 1996.

Background

Whiting allocation

Whiting is the largest groundfish

resource managed by the Council, and

makes up over 50 percent of the

potential annual groundfish harvest.

Until the early 1980’s, whiting off

Washington, Oregon, and California

were harvested predominantly by

foreign fisheries. Between 1982–88,

foreign fishing was displaced by joint

venture operations in which U.S.

vessels fished for whiting and delivered

it to foreign processing vessels at sea. By

1989, joint ventures were displaced by

domestic harvesting and processing

operations, as contemplated by the

Magnuson-Stevens Act. (The MagnusonStevens Act established priorities for

allocating fish in the EEZ, giving

domestic fishing and processing

operations first priority, joint ventures

second priority, and foreign fishing

lowest priority.) The shift away from

joint ventures occurred abruptly with

the introduction of domestic at-sea

processing vessels: Catcher/processors

(also called factory trawlers) that both

harvest and process fish; and

motherships that process fish delivered

from other catcher vessels.

Consequently, the joint venture catcher

vessels that had harvested and delivered

almost all of the whiting harvest

guidelines in 1989–90 to foreign

processing vessels lost their foreign

markets in 1991. The joint venture

markets were only partly replaced by

new markets with mothership and

shore-based processors. Generally, the

shore-based fishery operates at a slower

pace and has a more limited fishing

range, and catcher vessels are smaller

than catcher/processors and can take a

much smaller amount of whiting in the

same amount of time. Therefore, to

avoid extensive preemption of shorebased operations by the high-capacity

at-sea processing fleet, whiting has been

allocated among domestic sectors since

1991.

The most recent allocation, which

was in effect from 1994–96, was based

on a 3-year industry agreement to

provide 40 percent of the whiting

harvest guideline to catcher vessels

delivering to shore-based processors,

plus any additional whiting taken while

all sectors competed for the first 60

percent. In 1994 and 1995, the 40–

percent reserve was applied to the entire

whiting harvest guideline (50 CFR

663.23(b)(4), subsequently changed to

660.323(a)(4). In 1996, whiting was

allocated to the Makah treaty Indian

tribe for the first time (50 CFR 660.324).

Thereafter, any allocation among

domestic sectors was to be based on the

‘‘commercial harvest guideline,’’ the

harvest guideline minus any tribal

allocation. Provisions were made for

reapportioning the unused portion of

the shorebased reserve later in the year,

but this occurred only in 1994.

The allocations for 1997 and beyond

were derived by industry agreement in

a series of public meetings sponsored by

the Council. The proposed allocations,

which are within a few percent of the

proportions harvested in 1994–96, are:

42 percent for the shoreside sector

(catcher vessels delivering to shoreside
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18573

processors), 24 percent for the

mothership sector (motherships and

catcher vessels delivering to

motherships), and 34 percent for the

catcher/processor sector (catcher/

processor vessels). When applied to the

1997 commercial harvest guideline of

207,000 metric tons (mt), these

percentages result in whiting allocations

of 86,900 mt for vessels that deliver

shoreside, 49,700 mt for vessels that

deliver to motherships, and 70,400 mt

for catcher/processors. Surplus whiting

would be reallocated (via notice in the

Federal Register) to the other sectors, in

proportion to their initial allocations,

near September 15. As in 1994–96, only

the framework process for determining

the allocations would be codified. The

allocations would be calculated and

announced annually, generally with the

annual cycle for announcing

specifications and management

measures for the groundfish fishery in

January each year.

The proposed allocation, and

intended effect on the fishery, differ

from 1994–96 in several respects.

1. Three separate allocations are

proposed, one for each sector (catcher/

processors, mothership, and shoreside).

In contrast, the only allocation in 1994–

96 was the 40–percent set aside for

catcher vessels delivering shoreside.

The proposed allocation removes the

uncertainty of amounts available for

each sector and will be easier to

monitor.

2. By eliminating the competition

among sectors inherent in a first-comefirst-served fishery (the no-action

alternative), separate allocations would

encourage each sector to operate at a

more leisurely and safe pace and to

move to other fishing grounds if

necessary to lower bycatch levels,

particularly of yellowtail rockfish and

salmon. As a result, separate allocations

would provide greater accountability

and opportunity for each sector to

minimize bycatch.

3. Separate allocations also would

provide each sector the flexibility of

starting at different times without losing

any competitive advantage. Because

whiting migrate from south to north

during the fishing season, the shorebased fishery south of 42° N. lat. has

been, and still would be, allowed to

start earlier than north of 42° N. lat.

However, to avoid effort shifts to the

south early in the year, a 5–percent cap

would be placed on the amount of the

shore-based allocation that may be taken

south of 42° N. lat. before the start of the

shore-based primary season north of 42°

N. lat. If the proposed 5–percent cap is

reached, the routine trip limit under

§ 660.323(b) would be resumed until the

northern season begins, at which time

the southern primary season also would

resume. The routine trip limit (10,000 lb

(4,536 kg) in 1997) provides for small

bait, fresh fish, and bycatch fisheries,

and cannot sustain a large-scale target

fishery. The 5–percent cap (which

would be 4,345 mt in 1997) is not

intended or expected to be constraining

on traditional operations. The annual

whiting catch south of 42° N. lat. would

have been below 5 percent of the shorebased allocation if these proposed

allocations had been in effect in 1994–

96.

4. Additional constraints were agreed

to by the industry to assure that each

sector has the opportunity to take its

allocation by assuring that high-capacity

catcher/processors do not participate in

more than one sector in a given year.

Within the same calendar year, a

catcher/processor may not also act as a

catcher vessel that delivers shoreside or

to another at-sea processor. A catcher/

processor may operate solely as a

mothership for that calendar year, but

only if this has been requested and so

designated on renewal of its limited

entry permit for the Pacific coast

groundfish fishery (Office of

Management and Budget (OMB) #0648–

0203). A catcher/processor may receive

codends over-the-side from a catcher

vessel, but any such catch would be

counted toward the catcher/processor

allocation and would end when the

catcher/processor allocation is taken.

Catcher vessels that do not process may

deliver to any or all of the processing

sectors as long as the season for that

sector is open.

Seasons

A framework for setting separate

starting dates for each sector’s primary

season and the starting dates for 1997,

also are proposed. The framework

procedures for determining the starting

dates would be codified, and the

starting dates would be announced

annually, generally with the annual

cycle for announcing specifications and

management measures for the

groundfish fishery in January each year.

However, because the annual cycle for

1997 has passed, the starting dates for

the 1997 fishery would be announced

with the final rule for this action. The

primary seasons for the whiting fishery

are: For the shore-based sector, the

period(s) when the large-scale target

fishery is conducted (when trip limits

under § 660.323(b) are not in effect); for

catcher/processors, the period(s) when

at-sea processing is allowed and the

fishery is open for the catcher/processor

sector; and for vessels delivering to

motherships, the period(s) when at-sea

processing is allowed and the fishery is

open for the mothership sector.

Separate starting dates enable each

sector to accommodate its operational

needs. However, other factors also must

be considered during the Council’s twomeeting process. Consideration of the

following factors, if applicable, would

be included: The size of the harvest

guidelines for whiting and bycatch

species; status of whiting and bycatch

stocks; age/size structure of the whiting

population; expected harvest of bycatch

and prohibited species; availability and

stock status of prohibited species;

expected participation by catchers and

processors; environmental conditions;

timing of alternate or competing

fisheries; industry agreement; fishing or

processing rates; and other relevant

information.

The starting dates also are constrained

by the incidental take statement dated

May 14, 1996, issued pursuant to § 7

(b)(4) of the Endangered Species Act

(ESA) to protect threatened or

endangered species of salmon. The

incidental take statement in that

biological opinion requires that the

large-scale at-sea processing fishery

north of 42° N. lat. not begin before May

15. This constraint remains in effect

unless changed in a subsequent

incidental take statement.

In 1997, the proposed starting dates

are May 15 for the catcher/processor

and mothership sectors and June 15 for

the shore-based sector north of 42° N.

lat. The shore-based fleet operating in

California between 42° and 40° 30’ N.

lat. would start on March 1, as in the

past, in recognition that this rule would

not be implemented by that time. The

season south of 40° 30’ N. lat. remains

unchanged at April 15 as stated at

§ 660.323(a)(3)(i), and would not be

subject to the proposed framework

provisions for changing the starting date

primarily due to concerns over potential

salmon bycatch and harvest of juvenile

whiting.

Processing waste products at sea

The quantity of waste from shorebased processing has been so high as to

sometimes exceed the capacity of

existing facilities. A solution to this

problem is to provide for processing fish

waste at sea, even at times when at-sea

processing of whiting by catcher/

processors or motherships is prohibited.

These are completely different

operations. A vessel processing whiting

waste at sea, and not otherwise involved

in the target fishery for whiting, would

have very few whole whiting on board,

although they may occasionally be

found. To be considered a ‘‘wasteprocessing vessel,’’ the vessel must
18574 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

make only meal, oil, or minced product

and cannot make or have on board

surimi, fillet, or headed and gutted fish.

To assure that no fishing or receipt of

whole fish is occurring while at-sea

processing of whiting is prohibited, the

following restrictions on processing

whiting waste are proposed: (1) The

vessel must be incapable of fishing for

whiting, which would be accomplished

by stowing any trawl gear on board and

making it inoperable; (2) receipt of

codends containing any species of fish

would be prohibited; (3) the amount of

whole whiting on board must be less

than any trip limit for whiting

authorized under 50 CFR 660.323(b);

and the vessel could not operate as a

waste-processing vessel within 48 hours

immediately before and after any

primary season in which it operates as

a catcher/processor or mothership.

Housekeeping

A revision to a current prohibition

also is proposed. The current regulation

at 50 CFR 660.306(m) makes it unlawful

to: ‘‘Fish with groundfish trawl gear, or

carry groundfish trawl gear on board a

vessel that also has groundfish on board

* * * without having a limited entry

permit valid for that vessel * * *.’’ This

precludes a vessel from operating as a

mothership in the whiting fishery if that

vessel still has on board a trawl net from

fishing in Alaska. It is not unusual for

motherships to enter the whiting fishery

directly after departing Alaskan

fisheries. To accommodate these

vessels, this regulation is proposed to be

changed to allow a vessel to operate as

a mothership in the whiting fishery as

long as any trawl net on board is stowed

and rendered inoperable.

A regulation was issued on June 6,

1996, (61 FR 28786) that provided for

whiting authorized under old § 663.24,

but not needed in the tribal fishery, to

be made available to other users. This

provision was inadvertently deleted

when the regulations governing the

Pacific Coast groundfish fisheries were

consolidated at 61 FR 34570, July 2,

1996, with all other regulations

governing the fisheries off the west coast

states and in the Western Pacific, and

therefore is included in this proposed

rule. Also in the consolidation, an error

was made in paragraph (b) of § 660.306

regarding the citation for the definition

of prohibited species and a typo exists

in paragraph (r) of § 660.306. The

corrections are included in this

proposed rule.

The Magnuson-Stevens Act requires

that the public be provided with a

comment period of 15 to 60 days to

respond to proposed regulations.

Without the final rule being in place by

May 15, the season north of 42° N. lat.

will open on May 15 (50 CFR

660.323(a)(3)), but the fishery would

open without any allocation between

competing sectors because codified

Pacific whiting allocation regulations

for this area only applied from 1994

through 1996 (50 CFR 660.323(a)(4)). A

derby fishery would ensue and a

substantial portion of the harvest

guideline could be taken before the final

rule was made effective, thereby

disrupting 1997 allocations that would

be implemented by the final rule.

Considering the urgency of completing

rulemaking regarding these proposed

measures, NMFS has provided for a 20-

day public comment period.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has

preliminarily determined that this

proposed rule is necessary for

management of the Pacific Coast

groundfish fishery and that it is

consistent with the Magnuson-Stevens

Act and other applicable law.

This proposed rule has been

determined by OMB to be not

significant for purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

follows:

The NMFS standards for determining if an

action will have a significant economic

impact on a substantial number of small

entities are: (1) 5 percent loss of revenue for

20 percent of the participants; (2) 10 percent

increase in compliance costs for 20 percent

of the participants; and (3) 2 percent of the

participants cease operations. In the whiting

fishery, catcher/processor and mothership

(at-sea processing) vessels are considered

large businesses, and catcher vessels (that do

not process) and shore-based processors are

considered small businesses. The allocations,

which were derived by industry consensus at

a number of public meetings in 1996, are

within 5 percent of the proportions taken in

1994–96.

The proposed action would result in shorebased catcher vessels harvesting, and shorebased processors receiving, 42 percent of the

annual commercial harvest guideline for

whiting, which is a 5 percent increase over

their 1994–96 average proportion of catch.

Catcher vessels delivering to motherships

would realize a 4 percent decline compared

to their 1994–96 average proportion of catch.

Many catcher vessels deliver both on shore

and to motherships at sea, and the impact on

catcher vessels is most relevant by combining

the impacts on all catcher vessels that do not

process, whether delivering on shore or at

sea. The proposed rule would provide a net

increase of 1 percent of the commercial

harvest guideline (from 65 to 66 percent) for

catcher vessels that do not process, an

increase of 5 percent shoreside, and a

decrease of 4 percent for at sea deliveries to

motherships. The ‘‘no action alternative,’’

that is to not make an allocation, would

result in a derby style fishery (given that the

1994–96 allocation expired in 1996) with the

shore-based sector taking as little as 16

percent of the commercial harvest guideline

and nonprocessor catcher vessels taking as

little as 49 percent. Therefore, the ‘‘no action

alternative’’ could result in a significant

adverse economic impact on these small

businesses.

The proposed rule seeks to maintain

approximate allocation percentages based on

the 1994–96 averages, and thus to minimize

disruption of current operations. The

framework process for changing season dates

and for allowing processing of fish waste at

sea outside the primary season will provide

flexibility in operations of both small and

large businesses without changing the total

amounts of whiting available to each sector.

Therefore, these proposed actions will not

have a significant impact on a substantial

number of small entities.

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to, a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act unless that collection of

information displays a currently valid

control number.

This rule contains a collection-ofinformation requirement subject to the

Paperwork Reduction Act. This

collection-of-information requirement

has been submitted to OMB for approval

(OMB #0648–0203). It involves,

concurrent with renewal of a limited

entry permit, checking a box to indicate

if a catcher/processor will operate

entirely as a mothership in the whiting

fishery during the year covered by the

permit. Fewer than 15 catcher/

processors operate in this fishery, and

even fewer are expected to exercise this

option. Therefore the information

collection is so minor as not to result in

an increase in burden hours on the

public.

Public comment is sought regarding:

Whether this proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information has practical utility; the

accuracy of the burden estimate; ways to

enhance the quality, utility, and clarity

of the information to be collected; and

ways to minimize the burden of the

collection techniques or other forms of

information technology. Comments on

the collection of information burden or

any other aspect of the information
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18575

collection may be sent to OMB, listed in

the ADDRESSES section above.

A formal section 7 consultation under

the ESA was initiated for the groundfish

fishery. In a biological opinion dated

August 28, 1993, and subsequent

biological opinions dated September 27,

1993, and May 14, 1996, resulting from

reinitiations, the AA determined that

fishing activities conducted under the

PCGFMP and its implementing

regulations are not likely to jeopardize

the continued existence of any

endangered or threatened species under

the jurisdiction of NMFS or result in the

destruction or adverse modification of

critical habitat. This proposed rule is

within the scope of those consultations.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, Fisheries, Fishing, Reporting

and recordkeeping requirements.

Dated: April 9, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is proposed

to be amended as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

l. The authority citation for part 660

continues to read as follows:

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

2. In § 660.306, in paragraph (b), the

reference to § 660.302 is changed to

§ 660.323(c), paragraphs (j), (k), (m), (q),

and (r) are revised, and paragraphs (u),

(v), and (w) are added, to read as

follows:

§ 660.306 Prohibitions.

* * * * *

(j) Process whiting in the fishery

management area during times or in

areas where at-sea processing is

prohibited for the sector in which the

vessel participates, unless:

(1) The fish are received from a

member of a Pacific Coast treaty Indian

tribe fishing under § 660.324;

(2) The fish are processed by a wasteprocessing vessel according to

§ 660.323(a)(4)(vii); or

(3) The vessel is completing

processing of whiting taken on board

during that vessel’s primary season.

(k) Take and retain or receive, except

as cargo or fish waste, whiting on a

vessel in the fishery management area

that already possesses processed

whiting on board, during times or in

areas where at-sea processing is

prohibited for the sector in which the

vessel participates, unless the fish are

received from a member of a Pacific

Coast treaty Indian tribe fishing under

§ 660.324.

* * * * *

(m) Fish with groundfish trawl gear,

or carry groundfish trawl gear on board

a vessel that also has groundfish on

board, without having a limited entry

permit valid for that vessel affixed with

a gear endorsement for trawl gear,

unless:

(1) The vessel is in continuous transit

from outside the fishery management

area to a port in Washington, Oregon, or

California; or

(2) The vessel is a mothership, in

which case trawl gear must be stowed

in a secured and covered manner,

detached from all towing lines, so that

it is rendered unusable for fishing.

* * * * *

(q) Carry on board a vessel, or deploy,

limited entry gear when the limited

entry fishery for that gear is closed,

except a vessel may carry on board

limited entry gear as provided in

paragraph (m) of this section.

(r) Refuse to submit fishing gear or

fish subject to such person’s control to

inspection by an authorized officer, or

to interfere with or prevent, by any

means, such an inspection.

* * * * *

(u) To participate in the mothership

or shoreside sector as a catcher vessel

that does not process fish, if that vessel

operates in the same calendar year as a

catcher/processor in the whiting fishery,

according to § 660.323(a)(4)(ii)(B).

(v) Operate as a waste-processing

vessel within 48 hours of a primary

season for whiting in which that vessel

operates as a catcher/processor or

mothership, according to

660.323(a)(4)(vii).

(w) Fail to keep the trawl doors on

board the vessel and attached to the

trawls on a vessel used to fish for

whiting, when taking and retention is

prohibited under § 660.323(a)(3)(v).

3. In § 660.323, paragraphs (a)(3)(i),

(a)(3)(iv), and (a)(4) are revised to read

as follows:

§ 660.323 Catch restrictions.

* * * * *

(a) * * *

(3) Pacific whiting (whiting)—(i)

Seasons. The primary seasons for the

whiting fishery are: For the shore-based

sector, the period(s) when the largescale target fishery is conducted (when

trip limits under paragraph (b) of this

section are not in effect); for catcher/

processors, the period(s) when at-sea

processing is allowed and the fishery is

open for the catcher/processor sector;

and for vessels delivering to

motherships, the period(s) when at-sea

processing is allowed and the fishery is

open for the mothership sector. Before

and after the primary seasons for the

shore-based sector, trip landing or

frequency limits may be imposed under

paragraph (b) of this section. The sectors

are defined at paragraph (a)(4) of this

section.

(A) North of 40°30’ N. lat. Different

starting dates may be established for the

catcher/processor sector, the mothership

sector, and vessels delivering to

shoreside processors north of 42° N. lat.,

and catcher vessels delivering to

shoreside processors between 42°–

40°30’ N. lat.

(1) Procedures. The primary seasons

for the whiting fishery north of 40°30’

N. lat. generally will be established

according to the procedures in the

PCGFMP for developing and

implementing annual specifications and

apportionments. The season opening

dates remain in effect unless changed,

but will be announced annually,

generally with the annual specifications

and management measures.

(2) Criteria. The start of a primary

season may be changed based on a

recommendation from the Council and

consideration of the following factors, if

applicable: Size of the harvest

guidelines for whiting and bycatch

species; age/size structure of the whiting

population; expected harvest of bycatch

and prohibited species; availability and

stock status of prohibited species;

expected participation by catchers and

processors; environmental conditions;

timing of alternate or competing

fisheries; industry agreement; fishing or

processing rates; and other relevant

information.

(B) South of 40°30’ N. lat. The

primary season starts on April 15 south

of 40°30’ N. lat.

* * * * *

(iv) At-sea processing. Whiting may

not be processed at sea south of 42°00’

N. lat. (Oregon-California border),

unless authorized under paragraph

(a)(4)(vii) of this section.

* * * * *

(4) Whiting—allocation. (i) Sectors

and allocations. The commercial

harvest guideline for whiting is

allocated among three sectors, as

follows.

(A) Sectors. The catcher/processor

sector is composed of catcher/

processors, which are vessels that

harvest and process whiting during a

calendar year. The mothership sector is

composed of motherships and catcher

vessels that harvest whiting for delivery

to motherships. Motherships are vessels
18576 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

that process, but do not harvest, whiting

during a calendar year. The shoreside

sector is composed of vessels that

harvest whiting for delivery to shorebased processors.

(B) Allocations. The allocations are:

34 percent for the catcher/processor

sector; 24 percent for the mothership

sector; and 42 percent for the shoreside

sector. No more than 5 percent of the

shoreside allocation may be taken and

retained south of 42° N. lat. before the

start of the primary season north of 42°

N. lat. These allocations are harvest

guidelines unless otherwise announced

in the Federal Register.

(ii) Additional restrictions on catcher/

processors.

(A) A catcher/processor may receive

fish from a catcher vessel, but that catch

is counted against the catcher/processor

allocation unless the catcher/processor

has been declared as a mothership

under paragraph (a)(4)(ii)(C) of this

section.

(B) A catcher/processor may not also

act as a catcher vessel delivering

unprocessed whiting to another

processor in the same calendar year.

(C) When renewing its limited entry

permit each year under § 660.333, the

owner of a catcher/processor used to

take and retain whiting must declare if

the vessel will operate solely as a

mothership in the whiting fishery

during the calendar year to which its

limited entry permit applies. Any such

declaration is binding on the vessel for

the calendar year, even if the permit is

transferred during the year, unless it is

rescinded by written request from the

permit holder. The request to rescind a

declaration must be granted in writing

by the Regional Administrator before

the vessel can take whiting on board.

(iii) Reaching an allocation. If the

whiting harvest guideline, commercial

harvest guideline, or a sector’s

allocation is reached, or is projected to

be reached, the following action(s) for

the applicable sector(s) may be taken as

provided under paragraph (a)(4)(vi) and

will remain in effect until additional

amounts are made available the next

fishing year or under paragraph

(a)(4)(iv) of this section.

(A) Catcher/processor sector. 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.

(B) Mothership sector. (1) Further

receiving or at-sea processing of whiting

by a mothership is prohibited. No

additional unprocessed whiting may be

brought on board after at-sea processing

is prohibited, but a mothership may

continue to process whiting that already

was on board before at-sea processing

was prohibited.

(2) Whiting may not be taken and

retained, possessed, or landed by a

catcher vessel participating in the

mothership sector.

(C) Shoreside sector. Whiting may not

be taken and retained, possessed, or

landed by a catcher vessel participating

in the shoreside sector except as

authorized under a trip limit specified

under § 660.323(b).

(D) Shoreside south of 42° N. lat. If 5

percent of the shoreside allocation for

whiting is taken and retained south of

42° N. lat. before the primary season for

the shoreside sector begins north of 42°

N. lat., then a trip limit specified under

paragraph (b) of this section may be

implemented south of 42° N. lat. until

the northern primary season begins, at

which time the southern primary season

would resume.

(iv) Reapportionments. That portion

of a sector’s allocation that the Regional

Administrator determines will not be

used by the end of the fishing year shall

be made available for harvest by the

other sectors, if needed, in proportion to

their initial allocations, on September

15 or as soon as practicable thereafter.

NMFS may release whiting again at a

later date to ensure full utilization of the

resource. Whiting not needed in the

fishery authorized under §660.324 also

may be made available.

(v) Estimates. Estimates of the amount

of whiting harvested will be based on

actual amounts harvested, projections of

amounts that will be harvested, or a

combination of the two. Estimates of the

amount of whiting that will be used by

shoreside processors by the end of the

fishing year will be based on the best

information available to the Regional

Administrator from state catch and

landings data, the survey of domestic

processing capacity and intent,

testimony received at Council meetings,

and/or other relevant information.

(vi) Announcements. The Assistant

Administrator will announce in the

Federal Register when a harvest

guideline, commercial harvest

guideline, or an allocation of whiting is

reached, or is projected to be reached,

specifying the appropriate action being

taken under paragraph (a)(4)(iii) of this

section. The Regional Administrator

will announce in the Federal Register

any reapportionment of surplus whiting

to other sectors on September 15, or as

soon as practicable thereafter. In order

to prevent exceeding the limits or to

avoid underutilizing the resource,

prohibitions against further taking and

retaining, receiving, or at-sea processing

of whiting, or reapportionment of

surplus whiting 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

Administrator will inform the Council

in writing of actions taken.

(vii) Processing fish waste at sea. A

vessel that processes only fish waste (a

‘‘waste-processing vessel’’) is not

considered a whiting processor and

therefore is not subject to the

allocations, seasons, or restrictions for

catcher/processors or motherships while

it operates as a waste-processing vessel.

However, no vessel may operate as a

waste-processing vessel 48 hours

immediately before and after a primary

season for whiting in which the vessel

operates as a catcher/processor or

mothership. A vessel must meet the

following conditions to qualify as a

waste-processing vessel:

(A) The vessel makes meal (ground

dried fish), oil, or minced (ground flesh)

product, but does not make, and does

not have on board, surimi (fish paste

with additives), fillets (meat from the

side of the fish, behind the head and in

front of the tail), or headed and gutted

fish (head and viscera removed).

(B) The amount of whole whiting on

board does not exceed the trip limit (if

any) allowed under paragraph (b) of this

section.

(C) Any trawl gear on board is stowed

in a secured and covered manner,

detached from all towing lines, so that

it is rendered unusable for fishing.

(D) The vessel does not receive

codends containing fish.

(E) The vessel’s operations are

consistent with applicable state and

Federal law, including those governing

disposal of fish waste at sea.

[FR Doc. 97–9705 Filed 4–10–97; 5:10 pm]

BILLING CODE 3510–22–F