98-26640. Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Trip Limit Changes  

  • [Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
    [Rules and Regulations]
    [Pages 53313-53317]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-26640]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Parts 600 and 660
    
    [Docket No. 971229312-7312-01; I.D. 092898D]
    
    
    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.
    
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    SUMMARY: NMFS announces changes to the trip limits in the Pacific Coast 
    groundfish limited entry fishery for widow rockfish, the Sebastes 
    complex, canary rockfish, Dover sole, longspine thornyheads, shortspine 
    thornyheads, trawl-caught sablefish, and sablefish caught with nontrawl 
    gear. NMFS announces changes to the trip limits in the Pacific Coast 
    groundfish open access fishery for sablefish. NMFS also announces 
    closures of open access fisheries: For all rockfish north of Cape 
    Blanco, including all Sebastes complex species (which includes 
    yellowtail rockfish and black rockfish); for canary rockfish coastwide; 
    and for widow rockfish coastwide. These actions, which are authorized 
    by the Pacific Coast Groundfish Fishery Management Plan (FMP), are 
    intended to keep landings within the 1998 harvest guidelines and 
    allocations for these species. In addition to these inseason trip limit 
    changes and closures, NMFS updates the general definitions and 
    provisions of the 1998 annual specifications to reflect regulatory 
    amendments made in 1998.
    
    DATES: Effective 0001 hours local time (l.t.) October 1, 1998; except 
    effective at 0001 hours l.t. October 16, 1998, for changes to limited 
    entry trip limits in Section IV. B. for limited entry trawl vessels in 
    the ``B'' platoon. These changes remain in effect, unless modified, 
    superseded, or rescinded, until the effective date of the 1999 annual 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, 1998.
    
    ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
    Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
    NE., Bldg. 1, Seattle WA 98115-0070; or William Hogarth, Administrator, 
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
    CA 90802-4213.
    
    FOR FURTHER INFORMATION CONTACT: Katherine King or Yvonne deReynier, 
    Northwest Region, NMFS, 206-526-6140; or James Morgan, Southwest 
    Region, NMFS, 526-980-4000.
    
    SUPPLEMENTARY INFORMATION: The following changes to current management 
    measures were recommended by the Pacific Fishery Management Council 
    (Council) at its September 14-18, 1998, meeting in Sacramento, CA, in 
    consultation with the States of Washington, Oregon, and California.
    
    Limited Entry Fishery
    
        Widow rockfish. Currently widow rockfish are managed under a 
    cumulative limit of 15,000 lb (6,804 kg) per vessel, per month. The 
    best available information at the September Council meeting indicated 
    that the limited entry fishery would not be able to harvest its 4276 mt 
    allocation by the end of the year if the monthly cumulative limit is 
    not increased. To allow the fishery full access to its widow rockfish 
    allocation, the Council recommended that the current monthly cumulative 
    trip limit of 15,000 lb (6,804 kg) be increased to 19,000 lb (8,618 
    kg).
        Sebastes complex. The Sebastes complex means all rockfish managed 
    by the FMP except Pacific ocean perch, widow rockfish, shortbelly 
    rockfish, and shortspine and longspine thornyheads.
        Currently the Sebastes complex is managed with a cumulative trip 
    limit of 20,000 lb (9,072 kg) coastwide, per vessel, per month. Within 
    that monthly cumulative trip limit for the Sebastes complex, no more 
    than 6,500 lb (2,948 kg) may be yellowtail rockfish taken and retained 
    north of Cape Mendocino; no more than 1,000 lb (454 kg) may be bocaccio 
    taken and retained south of Cape Mendocino; and no more than 7,500 lb 
    (3,402 kg) may be canary rockfish coastwide.
        The best available information at the September Council meeting 
    indicated that the 4,677 mt limited entry allocation for the Sebastes 
    complex in the Eureka-Monterey-Conception area would be reached by 
    October 22, 1998, if the rate of landings is not curtailed. Therefore, 
    the Council recommended that the current monthly cumulative trip limit 
    of 20,000 lb (9,072 kg) be reduced to 15,000 lb (6,804 kg) south of 
    Cape Mendocino. The monthly cumulative limit north of Cape Mendocino 
    would
    
    [[Page 53314]]
    
    remain at 20,000 lb (9,072 kg), which means that Sebastes limits north 
    and south of Cape Mendocino would again be different, as they were in 
    the months of January through June of this year. A vessel fishing for 
    groundfish in an area with more restrictive trip limits is subject to 
    those more restrictive limits for the duration of the applicable trip 
    limit period.
        The Council also recommended a change to the trip limit for canary 
    rockfish, which is part of the Sebastes complex. The best available 
    information at the September Council meeting indicated that the 953 mt 
    limited entry allocation for canary rockfish would be reached by 
    October 1, 1998. The Council expected that, ven if all landings of 
    canary rockfish were prohibited from October 1, 1998, through the end 
    of the year, fishers would still have to discard at least 500 lb (227 
    kg) per month of incidentally caught canary rockfish. Because 
    incidentally caught canary rockfish are dead when brought to the 
    surface, requiring fishers to discard incidentally caught fish would 
    not reduce fishing mortality. For this reason, the Council decided to 
    exceed the 1998 limited entry allocation for canary rockfish by a small 
    amount, by allowing a small monthly trip limit of 500 lb (227 kg) 
    effective October 1, 1998, so that fishers would not have to discard 
    all of their incidentally caught canary rockfish. The Council expects 
    that this 500 lb (227 kg) monthly trip limit is low enough to 
    discourage fishers from targeting canary rockfish.
        DTS complex. ``DTS complex'' means Dover sole, longspine 
    thornyheads, shortspine thornyheads, and trawl-caught sablefish.
        Currently, the DTS complex is managed under monthly cumulative trip 
    limits: For Dover sole, 11,000 lb (4,990 kg); for longspine 
    thornyheads, 6,000 lb (2,722 kg); for shortspine thornyheads, 2,500 lb 
    (1,134 kg); and for trawl-caught sablefish, 3,000 lb (1,361 kg).
        The best available information at the September Council meeting 
    indicated that, within the DTS complex, the limited entry fishery would 
    not be able to harvest its allocations for Dover sole (8,955 mt), 
    longspine thornyheads (3,733 mt), and trawl-caught sablefish (2,282 mt) 
    by the end of the year if the monthly cumulative limits for those 
    species are not increased. The best available information at the 
    September Council meeting also indicated that, within the DTS complex, 
    the limited entry allocation of 1,193 mt for shortspine thornyheads 
    would be reached by November 27, 1998, if the rate of landings for this 
    species is not curtailed. The Council recommended the following trip 
    limit changes for the DTS complex: The monthly cumulative trip limit 
    for Dover sole of 11,000 lb (4,990 kg) would be increased to 18,000 lb 
    (8,165 kg); the monthly cumulative triplimit for longspine thornyheads 
    of 6,000 lb (2,722 kg) would be increased to 7,500 lb (3,402 kg); the 
    monthly cumulative trip limit for shortspine thornyheads of 2,500 lb 
    (1,134 kg) would be reduced to 1,500 lb (680 kg); the monthly 
    cumulative trip limit for trawl-caught sablefish of 3,000 lb (1,361 kg) 
    would be increased to 5,000 lb (2,268 kg).
        Nontrawl sablefish north of 36 deg.00' N. lat. The limited entry, 
    nontrawl or ``fixed'' gear sablefish fishery north of 36 deg.00' N. 
    lat. is managed with a primary season consisting of two openings 
    (regular and mop-up), during which the majority of the limited entry, 
    fixed gear sablefish allocation is taken for the year. Outside the 
    regular and mop-up seasons, there is a small daily trip limit fishery 
    to allow fixed gear vessels to make incidental sablefish landings 
    throughout the year. Currently, the limited entry, fixed gear sablefish 
    fishery north of 36 deg.00' N. lat. is managed with a 300-lb (136-kg) 
    daily trip limit, and a cumulative limit of 1,800 lb (816 kg) per 2-
    month period (excluding any harvest in the regular or mop-up seasons).
        The best available information at the September Council meeting 
    indicated that the limited entry, nontrawl fishery for sablefish would 
    not achieve its 1,652 mt allocation by the end of the year if the 
    fishery were to continue at its current two-month cumulative limit of 
    1,800 lb (816 kg). For this reason, the Council recommended increasing 
    the cumulative trip limit for the September through October period to 
    2,700 lb (1,225 kg), effective October 1, 1998. Fishers may not land 
    the additional 900 lb (408 kg) over the initial September through 
    October cumulative limit of 1,800 lb (816 kg) until after October 1, 
    1998 (October 16, 1998, for vessels in the ``B'' platoon).
        The Council's final 1998 meeting will be in November, at which time 
    the Council may wish to make further inseason adjustments to the 
    limited entry, fixed gear sablefish cumulative limit. To allow for 
    inseason action after its November meeting, the Council recommended 
    removing the 2-month cumulative limit provision for limited entry fixed 
    gear sablefish north of 36 deg.00' N. lat. after October 31, 1998. 
    Therefore, limited entry, fixed gear sablefish landings north of 
    36 deg.00' N. lat. in the months of November and December will be 
    managed under separate, 1-month cumulative limits. Beginning November 
    1, 1998, sablefish landed in the limited entry, fixed gear fishery 
    north of 36 deg.00' N. lat. will be managed under a cumulative limit of 
    1,500 lb (680 kg) per month. The daily trip limit of 300 lb (136 kg) 
    will not change.
    
    Open Access Fishery
    
        Widow rockfish. Currently, the open access fishery for widow 
    rockfish is managed under a cumulative trip limit of 3,000 lb (1,361 
    kg) per vessel, per month. This limit was reduced from 15,000 lb (6,804 
    kg) on July 1, following the Council's June meeting, at which time the 
    best available information indicated that the open access allocation of 
    158 mt would be reached some time between August and November 1998. At 
    the September Council meeting, the best available information indicated 
    that the open access allocation for widow rockfish had been reached on 
    July 29. Therefore, at its September meeting, the Council recommended 
    prohibiting all open access landings of widow rockfish coastwide at the 
    beginning of the next cumulative trip limit period, 3 October 1, 1998. 
    This prohibition applies to all open access gears, including exempted 
    trawl fisheries.
        Sebastes complex. Currently, the open access fishery for Sebastes 
    complex species is managed with a cumulative limit of 33,000 lb (14,969 
    kg) coastwide per vessel, per month. Within the Sebastes complex, there 
    are also individual cumulative trip or per trip limits for yellowtail 
    rockfish, bocaccio, canary rockfish, and black rockfish. The best 
    available information at the September Council meeting indicated that 
    the 651 mt open access allocation for the Sebastes complex in the 
    Vancouver-Columbia area (north of Cape Blanco, OR, 42 deg.50' N. lat.) 
    was reached on September 8, 1998. Therefore, the Council recommended 
    prohibiting all open access landings of Sebastes complex species north 
    of Cape Blanco after September 30, 1998. This prohibition applies to 
    all open access gears, including exempted trawl fisheries. South of 
    Cape Blanco and north of Cape Mendocino, open access trip limits for 
    the Sebastes complex are unchanged.
        Within the Sebastes complex, yellowtail rockfish has been managed 
    with a cumulative limit of 6,500 lb (2,928 kg) per vessel, per month 
    north of Cape Mendocino. The best available information at the 
    September Council meeting indicated that the 299 mt open access 
    allocation for yellowtail rockfish in the Vancouver-Columbia area was 
    reached on August 10, 1998. The Council recommended prohibiting all
    
    [[Page 53315]]
    
    open access landings of yellowtail rockfish north of Cape Blanco after 
    September 30, 1998. This prohibition applies to all open access gears, 
    including exempted trawl fisheries. South of Cape Blanco and north of 
    Cape Mendocino, open access trip limits for yellowtail rockfish are 
    unchanged.
        Also within the Sebastes complex, the open access monthly trip 
    limit for canary rockfish at the beginning of 1998 was 7,500 lb (3,402 
    kg). At the June Council meeting, the Council noted that open access 
    landings of canary rockfish were proceeding at an unusually rapid rate, 
    and recommended curtailing those landings by setting a 200-lb (91-kg) 
    monthly cumulative trip limit in place on July 1, 1998. The best 
    available information at the September Council meeting indicated that 
    the trip limit reduction had been made too late, and the open access 
    fishery had achieved its 77 mt allocation for canary rockfish on July 
    4, 1998. As a result, the Council recommended prohibiting all open 
    access landings of canary rockfish coastwide at the beginning of the 
    next cumulative trip limit period, October 1, 1998. This prohibition 
    applies to all open access gears, including exempted trawl fisheries.
        Other rockfish. In making the above recommendations on rockfish 
    closures, the Council acknowledged that open access fisheries could not 
    continue to fish for other rockfish species (Pacific ocean perch and 
    thornyheads in the exempted trawl fishery) north of Cape Blanco without 
    resulting in unacceptable levels of incidental harvest and discard of 
    the species the Council was trying to protect. The Council, therefore, 
    recommended that all open access rockfish fisheries be closed north of 
    Cape Blanco.
        DTS complex. ``DTS complex'' means Dover sole, longspine 
    thornyheads, shortspine thornyheads, and trawl-caught sablefish. 
    Currently, the open access monthly cumulative limit for Dover sole is 
    11,000 lb (4,990 kg). Currently, thornyheads may not be landed north of 
    Point Conception by open access fishers, except that fishers 
    participating in the pink shrimp trawl fishery may land up to 100 lb 
    (45 kg) of thornyheads per trip. Open access sablefish landings by 
    exempted trawl, which are currently under a monthly cumulative limit of 
    3,000 lb (1,361 kg), are managed separately from open access sablefish 
    landings by other gears. Open access limits on Dover sole and exempted 
    trawl-caught sablefish have been set equal to limited entry cumulative 
    monthly limits on those species. Therefore, on October 1, 1998, the 
    Dover sole cumulative monthly limit of 11,000 lb (4,990 kg) will 
    increase to 18,000 lb (8,165 kg), and the monthly cumulative trip limit 
    for trawl-caught sablefish of 3,000 lb (1,361 kg) will increase to 
    5,000 lb (2,268 kg).
        Sablefish, except exempted trawl. Currently the open access 
    sablefish fishery north of 36 deg.00' N. lat. is managed with a 300-lb 
    (136-kg) daily trip limit and a cumulative limit of 1,800 lb (816 kg) 
    per 2-month period. The best available information at the September 
    Council meeting indicated that the open access fishery for sablefish 
    would not achieve its 278 mt allocation by the end of the year if the 
    fishery were to continue at its current two-month cumulative limit of 
    1,800 lb (816 kg). For this reason, the Council recommended increasing 
    the cumulative trip limit for the September through October period to 
    2,700 lb (1,225 kg), effective October 1, 1998. Fishers may not land 
    the additional 900 lb (408 kg) over the initial September through 
    October cumulative limit of 1,800 lb (816 kg) until after October 1, 
    1998 (October 16, 1998, for vessels in the ``B'' platoon). This limit 
    matches the limited entry, nontrawl gear limit for sablefish and 
    applies to all open access gears, except exempted trawl fisheries.
        The Council's final 1998 meeting will be in November, at which time 
    the Council may wish to make further inseason adjustments to the open 
    access sablefish cumulative limit. To allow inseason action after its 
    November meeting, the Council recommended removing the 2-month 
    cumulative limit provision for sablefish landed by open access fishers 
    north of 36 deg.00' N. lat. after October 31, 1998. Therefore, open 
    access landings of sablefish north of 36 deg.00' N. lat. in the months 
    of November and December will be managed under separate, 1-month 
    cumulative limits. Beginning November 1, 1998, sablefish landed in the 
    open access fishery north of 36 deg.00' N. lat. will be managed under a 
    cumulative limit of 1,500 lb (680 kg) per month. The daily trip limit 
    of 300 lb (136 kg) will not change. This limit matches the limited 
    entry, nontrawl gear limit for sablefish and applies to all open access 
    gears, except exempted trawl fisheries.
    
    Additional Changes to Annual Specifications
    
        With this document, NMFS updates portions of the general 
    definitions and provisions of the 1998 annual specifications and 
    management measures (63 FR 419, January 6, 1998). These are minor 
    housekeeping changes that update the definitions and provisions to 
    reflect changes in codified groundfish regulations (50 CFR part 660) 
    made since the initial publication of the 1998 annual specifications 
    and management measures.
    
    NMFS Action
    
        For the reasons stated above, NMFS concurs with the Council's 
    recommendations and announces the following changes to the 1998 annual 
    management measures (63 FR 419, January 6, 1998, as further amended at 
    63 FR 24970, May 6, 1998; 63 FR 36612, July 7, 1998; and 63 FR 45966, 
    August 28, 1998).
        1. In Section IV., under A. General Definitions and Provisions, 
    paragraphs (1)(c)(i), (1)(c)(ii), and (13) are revised, (16)(c), (d), 
    (e), and (f) are renumbered respectively as, (16)(d), (e), (f), and 
    (g), and a new (16)(c) is added to read as follows:
        A. General Definitions and Provisions
    * * * * *
        (1) * * *
        (c) * * *
        (i) Limited entry fishery. On September 1, 1998, all limited entry 
    periods became monthly cumulative limit periods, except for the fixed 
    gear sablefish limited entry and open access fixed gear sablefish 
    fisheries. These monthly cumulative limit periods are considered the 
    ``major'' cumulative limit periods for purposes of restrictions to the 
    frequency of limited entry permit transfers codified at 50 CFR 
    660.333(c)(1).
        (ii) Open access fishery. Unless otherwise specified (as for 
    sablefish north of 36 deg. N. lat. and lingcod), cumulative trip limits 
    in the open access fishery apply to 1-month periods.
    * * * * *
        (13) 50 CFR 660.306 (h), effective July 27, 1998, makes it unlawful 
    for any person to ``fail to sort, prior to the first weighing after off 
    loading, those groundfish species or species groups for which there is 
    a trip limit, size limit, quota, or harvest guideline, if the vessel 
    fished or landed in an area during a time when such trip limit, size 
    limit, harvest guideline, or quota applied.'' This provision applies to 
    both the limited entry and open access fisheries.
    * * * * *
        (16) * * *
        (c) Cape Blanco, OR--42 deg.50' N. lat.
    * * * * *
        2. In Section IV., under B. Limited Entry Fishery, paragraphs (1), 
    (2)(b), (4)(c)(i), and (4)(d)(ii)(A) are revised to read as follows:
        B. Limited Entry Fishery
        (1) Widow Rockfish (commonly called brownies). The cumulative trip 
    limit for widow rockfish is 19,000 lb (8,618 kg) per vessel, per month.
    
    [[Page 53316]]
    
        (2) * * *
        (b) Cumulative trip limits. The monthly cumulative trip limit for 
    the Sebastes complex is 20,000 lb (9,072 kg) per vessel north of Cape 
    Mendocino, and 15,000 lb (6,804 kg) per vessel south of Cape Mendocino. 
    Within the cumulative trip limit for the Sebastes complex: no more than 
    6,500 lb (2,948 kg) cumulative per month may be yellowtail rockfish 
    taken and retained north of Cape Mendocino; no more than 1,000 lb (454 
    kg) cumulative per month may be bocaccio taken and retained south of 
    Cape Mendocino, and; no more than 500 lb (227 kg) cumulative per month 
    may be canary rockfish coastwide.
    * * * * *
        (4) * * *
        (c) * * *
        (i) The monthly cumulative trip limits for species in the Dover 
    sole, thornyhead, and trawl-caught sablefish complex are: for Dover 
    sole, 18,000 lb (8,165 kg); for longspine thornyheads, 7,500 lb (3,402 
    kg); for shortspine thornyheads, 1,500 lb (680 kg); for trawl-caught 
    sablefish, 5,000 lb (2,268 kg).
    * * * * *
        (d) * * *
        (ii) * * *
        (A) The daily trip limit for sablefish taken and retained with 
    nontrawl gear north of 36 deg.00' N. lat. is 300 lb (136 kg), which 
    counts toward a cumulative trip limit of 2,700 lb (1,225 kg) during the 
    September 1, 1998 through October 31, 1998 period. Beginning November 
    1, 1998, the 300 lb daily trip limit for sablefish taken and retained 
    with nontrawl gear north of 36 deg.00' N. lat. counts toward a 
    cumulative trip limit of 1,500 lb (680 kg) per month.
    * * * * *
        3. In Section IV., under C. Trip Limits in the Open Access Fishery, 
    paragraphs (1)(a)(i), (1)(a)(ii), (1)(b)(i), (1)(c), (1)(d), (1)(e), 
    (1)(e)(i), (1)(e)(ii)(A), (1)(e)(iii), (1)(e)(iv), (2)(a)(i), (2)(b), 
    (4), (5), and (6) are revised to read as follows:
        C. Trip Limits in the Open Access Fishery
    * * * * *
        (1) * * *
        (a) * * *
        (i) North of Cape Blanco. Rockfish may not be taken and retained, 
    possessed or landed by any open access gear, including exempted trawl 
    gear, north of Cape Blanco.
        (ii) South of Cape Blanco. South of Cape Blanco the trip limit for 
    rockfish taken with hook-and-line or pot gear is 10,000 lb (4,536 kg) 
    per vessel per fishing trip. Rockfish taken under this trip limit count 
    toward cumulative trip limits.
        (b) * * *
        (i) North of Pt. Conception. Thornyheads (shortspine and longspine) 
    may not be taken and retained, possessed, or landed north of Pt. 
    Conception, except for a daily trip limit of 100 lb (45 kg) that 
    applies to vessels engaged in fishing for pink shrimp south of Cape 
    Blanco.
    * * * * *
        (c) Widow rockfish. Widow rockfish may not be taken and retained, 
    possessed, or landed by any open access gear, including exempted trawl 
    gear, coastwide.
        (d) POP. North of Cape Blanco, POP may not be taken and retained, 
    possessed, or landed by any open access gear, including exempted trawl 
    gear. South of Cape Blanco, the monthly cumulative limit for POP is 
    4,000 lb (1,814 kg).
        (e) Sebastes complex. North of Cape Blanco, Sebastes complex 
    species may not be taken and retained, possessed, or landed by any open 
    access gear, including exempted trawl gear. The monthly cumulative 
    limit south of Cape Blanco for the Sebastes complex is 33,000 lb 
    (14,969 kg). The individual trip limits for species in the Sebastes 
    complex in paragraph C.(1) are counted toward monthly limits for the 
    Sebastes complex or rockfish, as applicable, and also apply to exempted 
    trawl gear, unless otherwise specified.
        (i) Yellowtail rockfish. North of Cape Blanco, yellowtail rockfish 
    may not be taken and retained, possessed, or landed by any open access 
    gear, including exempted trawl gear. South of Cape Blanco and north of 
    Cape Mendocino, the monthly cumulative limit for yellowtail rockfish is 
    6,500 lb (2,948 kg).
        (ii) * * *
        (A) All open access gear except setnets or trammel nets. For all 
    open access gear except setnets or trammel nets, bocaccio may not be 
    taken and retained, possessed or landed north of Cape Blanco. South of 
    Cape Mendocino, the monthly cumulative limit for bocaccio is 1,000 lb 
    (454 kg), of which no more than 500 lb (227 kg) per trip may be taken 
    and retained with hook-and-line or pot gear.
    * * * * *
        (iii) Canary rockfish. Canary rockfish may not be taken and 
    retained, possessed or landed by any open access gear, including 
    exempted trawl gear, coastwide.
        (iv) Black rockfish. Black rockfish may not be taken and retained, 
    possessed or landed by any open access gear, including exempted trawl 
    gear, north of Cape Blanco.
        (2) * * *
        (a) * * *
        (i) North of 36 deg.00' N. lat. (A) North of 36 deg.00' N. lat., 
    the daily trip limit for sablefish is 300 lb (136 kg), which counts 
    toward a cumulative trip limit of 2,700 lb (1,225 kg) during the 
    September 1, 1998 through October 31, 1998 period. (B) Beginning 
    November 1, the 300 lb (136 kg) daily trip limit for sablefish taken 
    and retained with nontrawl gear north of 36 deg.00' N. lat. counts 
    toward a cumulative trip limit of 1,500 lb (680 kg) per month.
    * * * * *
        (b) Exempted trawl gear. The trawl-caught sablefish monthly limit 
    of 5,000 lb (2,268 kg) applies to sablefish taken and retained with 
    exempted trawl gear.
    * * * * *
        (4) Dover sole. The monthly trip limit for Dover sole is 18,000 lb 
    (8,165 kg), and applies to all open access gear.
        (5) Groundfish taken by shrimp or prawn trawl. The daily trip 
    limits, which count toward the trip limit for groundfish, are: For 
    sablefish coastwide, 300 lb (136 kg); and for thornyheads south of 
    Point Conception, 50 lb (23 kg). Limits and closures in paragraphs 
    IV.C(1), C(2)(b), (3), and (4) also apply.
    * * * * *
        (6) Groundfish taken by California halibut or sea cucumber trawl. 
    The trip limit for a vessel participating in the California halibut 
    fishery or in the sea cucumber fishery south of Point Arena, CA 
    (38 deg.57'30'' N. lat.) is 500 lb (227 kg) of groundfish per vessel 
    per fishing trip. The daily trip limits, which count toward the trip 
    limit for groundfish, are: For sablefish, 300 lb (136 kg); and for 
    thornyheads south of Point Conception, 50 lb (23 kg). The limits and 
    closures in paragraphs IV.C(1), C(2)(b), (3), and (4) are in effect 
    where applicable south of Point Arena.
    * * * * *
    
    Classification
    
        These actions are authorized by the regulations implementing the 
    FMP. The determination to take these actions is based on the most 
    recent data available. Because of the need for immediate action to 
    implement these changes at the beginning of October 1998, and because 
    the public had an opportunity to comment on the action at the September 
    1998 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.
    
    
    [[Page 53317]]
    
    
        Dated: September 30, 1998.
    Bruce Morehead,
    Acting Director, Office of Sustainable Fisheries, National Marine 
    Fisheries Service.
    [FR Doc. 98-26640 Filed 9-30-98; 4:15 pm]
    BILLING CODE 3510-22-F