Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Whiting Allocation Among Nontribal Sectors

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.

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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.

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 Magnuson-Stevens 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

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 Magnuson-Stevens 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 shore-based

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

tions 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-come-first-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 shore-based fishery south of 42 deg. N.

lat. has been, and still would be, allowed to start earlier than north

of 42 deg. N. lat

portunity 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 shore-based fishery south of 42 deg. N.

lat. has been, and still would be, allowed to start earlier than north

of 42 deg. 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 deg. N. lat.

before the start of the shore-based primary season north of 42 deg. N.

lat. If the proposed 5-percent cap is reached, the routine trip limit

under Sec. 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 deg. N. lat. would

have been below 5 percent of the shore-based 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)

me 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 Sec. 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 two-meeting process

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 two-meeting 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 Sec. 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 deg. 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 deg. N. lat. The shore-based fleet operating in California

between 42 deg. and 40 deg. 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 deg. 30' N. lat. remains unchanged at

April 15 as stated at Sec

for the catcher/

processor and mothership sectors and June 15 for the shore-based sector

north of 42 deg. N. lat. The shore-based fleet operating in California

between 42 deg. and 40 deg. 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 deg. 30' N. lat. remains unchanged at

April 15 as stated at Sec. 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 shore-based 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

``waste-processing vessel,'' the vessel must

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 a

ny 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 Sec. 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 Sec. 660.306 regarding the citation for the

definition of prohibited species and a typo exists in paragraph (r) of

Sec. 660.306. The corrections are included in this proposed rule

h 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 Sec. 660.306 regarding the citation for the

definition of prohibited species and a typo exists in paragraph (r) of

Sec. 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 deg. 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:

osed 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 shore-based catcher vessels

harvesting, and shore-based 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

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-of-information requirement subject

to the Paperwork Reduction Act. This collection-of-information

requirement has been submitted to OMB for approval (OMB #0648-0203)

y 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-of-information 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

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

nt 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 Sec. 660.306, in paragraph (b), the reference to Sec. 660.302

is changed to Sec. 660.323(c), paragraphs (j), (k), (m), (q), and (r)

are revised, and paragraphs (u), (v), and (w) are added, to read as

follows:

Sec. 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 Sec. 660.324;

(2) The fish are processed by a waste-processing vessel according

to Sec. 660.323(a)(4)(vii); or

(3) The vessel is completing processing of whiting taken on board

during that vessel's primary season.

-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 Sec. 660.324;

(2) The fish are processed by a waste-processing vessel according

to Sec. 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 Sec. 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 Sec. 660.323(a)(4)(ii)(B).

sh 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 Sec. 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 Sec. 660.323(a)(3)(v).

3. In Sec. 660.323, paragraphs (a)(3)(i), (a)(3)(iv), and (a)(4)

are revised to read as follows:

Sec. 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 large-scale 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 deg.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 deg. N.

lat., and catcher vessels delivering to shoreside processors between

42 deg.-40 deg.30' N. lat.

under paragraph (b) of this section.

The sectors are defined at paragraph (a)(4) of this section.

(A) North of 40 deg.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 deg. N.

lat., and catcher vessels delivering to shoreside processors between

42 deg.-40 deg.30' N. lat.

(1) Procedures. The primary seasons for the whiting fishery north

of 40 deg.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 deg.30' N. lat. The primary season starts on April

15 south of 40 deg.30' N. lat.

* * * * *

(iv) At-sea processing. Whiting may not be processed at sea south

of 42 deg.00' N. lat. (Oregon-California border), unless authorized

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

* * * * *

ting

fisheries; industry agreement; fishing or processing rates; and other

relevant information.

(B) South of 40 deg.30' N. lat. The primary season starts on April

15 south of 40 deg.30' N. lat.

* * * * *

(iv) At-sea processing. Whiting may not be processed at sea south

of 42 deg.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

that process, but do not harvest, whiting during a calendar year. The

shoreside sector is composed of vessels that harvest whiting for

delivery to shore-based 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 deg. N. lat. before

the start of the primary season north of 42 deg. 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

rimary season north of 42 deg. 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

Sec. 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

) 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

Sec. 660.323(b).

(D) Shoreside south of 42 deg. N. lat. If 5 percent of the

shoreside allocation for whiting is taken and retained south of 42 deg.

N. lat. before the primary season for the shoreside sector begins north

of 42 deg. N. lat., then a trip limit specified under paragraph (b) of

this section may be implemented south of 42 deg. 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

Sec. 660.324 also may be made available.

l 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

Sec. 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

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