[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51814-51816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26331]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 961227373-6373-01; I.D. 092597A]
Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Trip Limit Changes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishing restrictions; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces further adjustments to the Pacific Coast
groundfish limited entry fisheries for the Sebastes complex and its
components canary and yellowtail rockfish, the Dover sole-thornyhead-
trawl sablefish (DTS) complex and its components Dover sole and trawl-
caught sablefish, and announces the final 1997 cumulative trip limit
period for trawl vessels in the ``B'' platoon. NMFS also announces an
increase to the monthly cumulative limit for the open access nontrawl
sablefish fishery north of 36 deg. N. lat. (A similar change for the
limited entry nontrawl sablefish fishery north of 36 deg. N. lat. is
included in a separate Federal Register action that announces the
duration and limit of the limited entry sablefish mop-up fishery.)
These restrictions are intended to keep landings as close as possible
to the 1997 harvest guidelines and allocations for these species, and
to provide management flexibility during the final months of the year.
DATES: Effective at 0001 hours local time (l.t.) October 1, 1997;
except for the trip limit for trawl vessels operating in the B platoon,
which will become effective at 0001 hours l.t. October 16, 1997. These
changes remain in effect, unless modified, superseded or rescinded,
until the effective date of the 1998 annual specifications and
management measures for the Pacific Coast groundfish fishery, which
will be published in the Federal Register. Comments will be accepted
through October 20, 1997.
ADDRESSES: Submit comments to William Stelle, Jr., Administrator,
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115-0070; or William Hogarth, Acting Administrator,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140 or
Rodney McInnis at 562-980-4040.
SUPPLEMENTARY INFORMATION: The following changes to current management
measures are based on the best available information, and were
recommended by the Pacific Fishery Management Council (Council), in
consultation with the states of Washington, Oregon, and California, at
its September 9-12, 1997, meeting in Portland, OR.
The Sebastes Complex. The Sebastes complex consists of all
rockfish managed by the FMP except Pacific ocean perch (POP), widow
rockfish, shortbelly rockfish, and thornyheads. The limited entry
fishery for the Sebastes complex currently is managed under a 2-month
cumulative trip limit of 30,000 lb (13,608 kg) north of Cape Mendocino
(40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of Cape
Mendocino. Within these 2-month cumulative limits for the Sebastes
complex, no more than 6,000 lb (2,722 kg) may be yellowtail rockfish
north of Cape Mendocino, no more than 10,000 lb (4,534 kg) may be
bocaccio south of Cape Mendocino, and no more than 14,000 lb (6,350 kg)
may be canary rockfish coastwide.
The best available information at the September 1997 Council
meeting indicated that both yellowtail rockfish and canary rockfish
would be 18-19 percent below their respective harvest guidelines at the
end of the year. Therefore, the Council recommended increasing the trip
limits for these species, and converting those limits from 2-month to
1-month limits on October 1, 1997, so that the industry could receive
immediate benefit from the higher limits. The new 1-month cumulative
trip limits for the Sebastes complex are: 20,000 lb (9,072 kg) north of
Cape Mendocino and 75,000 lb (33,975 kg) south of Cape Mendocino.
Within these 1-month cumulative limits for the Sebastes complex, no
more than 5,000 lb (2,268 kg) may be yellowtail rockfish north of Cape
Mendocino, no more than 5,000 lb (2,268 kg) may be bocaccio south of
Cape Mendocino, and no more than 10,000 lb (4,534 kg) may be canary
rockfish coastwide.
As these changes are implemented in the middle of a 2-month
cumulative trip limit period (September-October 1997), both the 2-month
cumulative trip limits and the 60 percent monthly limits for the
Sebastes complex and its components become obsolete after October 1.
POP and widow rockfish are the only two species that remain under 2-
month cumulative limits. (The DTS complex was converted to monthly
limits on September 1, 1997 (62 FR 36228, July 7, 1997).)
Dover Sole, Thornyheads, and Trawl-Caught Sablefish (the DTS
Complex). The limited entry fishery for the DTS complex and its
components currently is managed under a 1-month cumulative trip limit
of 28,500 lb (12,927 kg) north of Cape Mendocino and 50,000 lb (22,680
kg) south of Cape Mendocino. Within these 1-month cumulative limits, no
more than 15,000 lb (6,804 kg) may be Dover sole north of Cape
Mendocino, no more than 6,000 lb (2,722 kg) may be sablefish coastwide,
and no more than 7,500 lb (3,402 kg) may be thornyheads coastwide. No
more than 1,500 lb (680 kg) of the thornyheads may be shortspine
thornyheads.
The best available information at the September 1997 Council
meeting indicated that the harvest guidelines for Dover sole would be
reached before the end of the year, and exceeded by 19 percent in the
Columbia area and 7 percent coastwide if the rate of landings is not
slowed. Landings of trawl-caught sablefish also were projected to
exceed the limited entry trawl allocation by 9 percent by the end of
the year.
Landings of both species of thornyheads are projected to be lower
than their respective harvest guidelines. The two thornyhead species
are often caught together. Landings of longspine thornyheads are
projected to be 28 percent below its harvest guideline by the end of
the year; but, trip limits for this species could not be increased
without increasing the catch of shortspine thornyheads, which are
expected to be 7 percent below its 1,380-mt harvest guideline but well
above the 1,000-mt acceptable biological catch for this species.
Because
[[Page 51815]]
the harvest guideline for shortspine thornyheads is close to its
overfishing level, the Council did not recommend increasing the trip
limits for either species of thornyheads.
Earlier in the year, the Council and NMFS notified the industry
that the DTS fishery could be closed for several months in 1997. Some
members of the industry prefer higher initial trip limits with
closures, and others prefer reduced limits and a longer fishery.
Closing the DTS fishery in November and December was considered by the
Council at its September meeting. After hearing considerable testimony
opposing such closures, the Council recommended drastically reduced
trip limits to be effective on October 1, but acknowledged the fishery
still could close in December, after the Council considers new landings
projections at its November 1997 meeting. The new trip limits, which
take effect October 1, are intended to curtail most target fishing on
sablefish coastwide and on Dover sole in the Columbia area. However,
they also may result in discards if the industry targets on these
species or is unable to avoid them while fishing for Dover sole south
of Cape Mendocino or for thornyheads coastwide. The Council also
recommended that a 30,000-lb (13,608-kg) monthly cumulative limit be
established for Dover sole south of Cape Mendocino. Previously, Dover
sole could comprise as much as 36,500 lb (16,556 kg) of the DTS limit
south of Cape Mendocino, the amount left over after subtracting the
amounts of sablefish and thornyheads that were taken. The overall
limits for the DTS complex, which are the sum of the limits of its
components, are changed to reflect the changes to Dover sole and
sablefish. These changes are intended to keep landings of the DTS
complex and its components within the 1997 harvest guidelines and
allocations without increasing discards.
The new limits for the DTS complex are 11,000 lb (4,990 kg) north
of Cape Mendocino, and 39,500 lb (17,917 kg) south of Cape Mendocino.
Within these limits, no more than 1,500 lb (680 kg) may be Dover sole
north of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape
Mendocino; no more than 2,000 lb (907 kg) coastwide may be trawl-caught
sablefish; and no more than 7,500 lb (3,402 kg) coastwide may be
thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may be
shortspine thornyheads.
``B'' Platoon. NMFS also announces the last cumulative trip limit
period in 1997 for the ``B'' platoon, those limited entry trawl vessels
with a letter authorizing them to take their cumulative trip limits 2
weeks out of phase with the rest of the fleet. For vessels in the ``B''
platoon: the final 2-month cumulative trip limits for POP and widow
rockfish apply to the 6-week period from November 16, 1997 through
December 31, 1997 and there is no 60% monthly limit for this period;
and the equivalent of two 1-month cumulative trip limits for the
Sebastes complex and its components, and for the DTS complex and its
components, may be landed during the 6-week period from November 16,
1997 through December 31, 1997.
Open Access Sablefish. Both the open access and limited entry
sablefish fisheries north of 36 deg.00' N. lat. are currently subject
to a 300-lb (136 kg) daily trip limit, not to exceed 600 lb (272 kg)
cumulative per month. At its September 1997 meeting, the Council was
advised that landings in the open access sablefish fishery north of
36 deg.00' N. lat. were lower than expected and could be increased.
However, finding a method for doing so without attracting effort from
the limited entry daily trip limit fishery was problematic. To avoid
effort shifts, the Council recommended increasing the monthly
cumulative limit for the open access fishery to 1,500 lb (680 kg) on
October 1, during the limited entry mop-up fishery. For the same
reason, the Council also recommended increasing the cumulative monthly
limit on the daily trip limit portion of the limited entry fishery to
1,500 lb (680 kg) after the end of the mop-up season on October 15,
1997. (This change for the limited entry fishery is being announced in
a separate Federal Register action, at the same time that the dates and
trip limit for the limited entry mop-up fishery are announced.) These
changes are intended to keep sablefish landings from the open access
and limited entry daily trip limit fisheries within the levels intended
to be taken by these two fisheries for the entire year.
NMFS Action
For the reasons stated above, NMFS concurs with the Council's
recommendations and makes the following changes to the 1997 annual
management measures (62 FR 700, January 6, 1997 as modified).
1. Paragraph A.(1)(c)(iii)(C) of section IV. is revised to read as
follows:
A. General Definitions and Provisions
* * * * *
(1) * * *
(c) * * *
(iii) * * *
(C) Special provisions will be made for ``B'' platoon vessels later
in the year so that the amount of fish made available in 1997 to both
``A'' and ``B'' vessels is the same. (For example, a vessel in the
``B'' platoon will have the same cumulative trip limit for the final
period as a vessel in the ``A'' platoon, but the final period may be 2
weeks shorter so that both fishing periods end on the same date.) For
trawl vessels in the ``B'' platoon, the 6-week period from November 16-
December 31, 1997 replaces the last 2 months of the year. Therefore,
one 2-month cumulative trip limit (POP, widow rockfish), and two 1-
month cumulative trip limits (the Sebastes complex and its components,
the DTS complex and its components) will apply to that 6-week period.
Both 1-month cumulative trip limits for a species (or species complex)
may be combined and landed at any time during the 6-week period.
* * * * *
2. Effective October 1, 1997 (October 16, 1997 for the ``B''
platoon), for yellowtail rockfish, canary rockfish, and the Sebastes
complex, paragraphs C.(2)(a) and C.(3) of section IV. are revised, to
read as follows:
C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary
Rockfish)
* * * * *
(2) Limited entry fishery. (a) Cumulative trip limits. (i) North
of Cape Mendocino. The cumulative trip limit for the Sebastes complex
taken and retained north of Cape Mendocino is 20,000 lb (9,072 kg) per
vessel per 1-month period. Within this cumulative trip limit for the
Sebastes complex, no more than 5,000 lb (2,268 kg) may be yellowtail
rockfish taken and retained north of Cape Mendocino, and no more than
10,000 lb (4,534 kg) may be canary rockfish.
(ii) South of Cape Mendocino. The cumulative trip limit for the
Sebastes complex taken and retained south of Cape Mendocino is 75,000
lb (33,975 kg) per vessel per 1-month period. Within this cumulative
trip limit for the Sebastes complex, no more than 5,000 lb (2,268 kg)
may be bocaccio taken and retained south of Cape Mendocino, and no more
than 10,000 lb (4,534 kg) may be canary rockfish.
(iii) Clarification. The cumulative monthly trip limits for the
Sebastes complex and its components are the maximum amount that may be
taken and retained, possessed, or landed coastwide in a calendar month.
A vessel is not entitled to double the cumulative trip limit if it
operates both north and south of Cape Mendocino in a calendar
[[Page 51816]]
month. [xx same as added for DTS sept1]
* * * * *
(3) Open access fishery. See paragraph IV.I.
* * * * *
3. Effective October 1, 1997 (October 16, 1997 for the ``B''
platoon), for the DTS complex, paragraph E.(2)(b) (i) and (ii) and E.
(3) of section IV. are revised, to read as follows:
E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and
Trawl-Caught Sablefish)
* * * * *
(2) Limited entry fishery. * * *
(b) Limited entry trip and size limits for the DTS complex.
(i) North of Cape Mendocino. The cumulative trip limit for the DTS
complex taken and retained north of Cape Mendocino is 11,000 lb (4,990
kg) per vessel per 1-month period. Within this cumulative trip limit,
no more than 2,000 lb (907 kg) may be sablefish, no more than 1,500 lb
(680 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may be
thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may be
shortspine thornyheads.
(ii) South of Cape Mendocino. The cumulative trip limit for the DTS
complex taken and retained south of Cape Mendocino is 39,500 lb (17,917
kg) per vessel per 1-month period. Within this cumulative trip limit,
no more than 2,000 lb (907 kg) may be sablefish, no more than 30,000 lb
(13,608 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may
be thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may
be shortspine thornyheads.
* * * * *
(3) Open access fishery. See paragraph IV.I.
* * * * *
4. Effective October 1, 1997 for sablefish in the open access
fishery, paragraph I.(2)(a) of section IV. is revised, to read as
follows:
I. Trip Limits in the Open Access Fishery * * *
* * * * *
(2) Sablefish. (a) North of 36 deg.00' N. lat. The cumulative trip
limit for sablefish taken and retained north of 36 deg.00' N. lat. is
1,500 lb (680 kg) per month. The daily trip limit for sablefish taken
and retained north of 36 deg.00' N. lat., which counts toward the
cumulative limit, is 300 lb (136 kg). The 1,500-lb (680-kg) cumulative
monthly limit does not apply to exempted trawl gear (used to fish for
shrimp, prawn, sea cucumber, and California halibut) in the open access
fishery.
* * * * *
Classification
These actions are authorized by the regulations implementing the
Pacific Coast Groundfish Fishery Management Plan, which governs the
groundfish fishery off Washington, Oregon, and California. The
determination to take these actions is based on the most recent data
available. The aggregate data upon which the determinations are based
are available for public inspection at the office of the Administrator,
Northwest Region, NMFS (see ADDRESSES) during business hours. Because
of the need for immediate action to slow the rate of harvest of the
species discussed above, and because the public had an opportunity to
comment on the action at the September 1997 Council meeting, NMFS has
determined that good cause exists for this document to be published
without affording a prior opportunity for public comment or a 30-day
delayed effectiveness period. These actions are taken under the
authority of 50 CFR 660.323(b)(1), and are exempt from review under
E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 30, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 97-26331 Filed 9-30-97; 4:50 pm]
BILLING CODE 3510-22-F
