[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Proposed Rules]
[Pages 8021-8023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4752]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 960221041-6041-01; I.D. 013196A]
RIN 0648-AI34
Pacific Coast Groundfish Fishery; Delay in Start of Regular
Fishing Seasons for Nontrawl Sablefish and Pacific Whiting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing regulations that would delay the start of
the ``regular'' fishing seasons by 1 month or less for the nontrawl
sablefish and the Pacific whiting (whiting) limited entry fisheries 3-
200 nautical miles off Washington, Oregon, and California (WOC). This
proposed rule considers requests from the industry for delayed fishing
seasons, which are intended primarily to enable nontrawl sablefish
fishers to participate in other fisheries and to enhance the quality of
whiting. These actions would be taken under the authority of the
Pacific Coast Groundfish Fishery Management Plan (FMP) and the Magnuson
Fishery Conservation and Management Act (Magnuson Act).
DATES: Comments must be submitted in writing by March 22, 1996.
ADDRESSES: Comments may be mailed to William Stelle, Jr., Director,
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Seattle,
WA 98115-0070; or Hilda Diaz-Soltero, Director, Southwest Region, NMFS,
501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Information
relevant to this proposed rule is available for public review during
business hours at the Office of the Director, Northwest Region, NMFS,
and at the Office of the Director, Southwest Region, NMFS. Copies of
the Environmental Assessment/Regulatory Impact Reviews (EA/RIRs) can be
obtained from the Pacific Fishery Management Council (Council), 2000 SW
First Avenue, Suite 420, Portland, OR 97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,
or Rodney R. McInnis at 310-980-4030.
SUPPLEMENTARY INFORMATION:
NMFS is proposing to delay the start of the regular fishing seasons
for the limited entry fisheries for nontrawl sablefish and for whiting,
as recommended by the Council at its October 1995 meeting in Portland,
OR. The background and rationale for this proposed rule are summarized
below. More details appear in the EA/RIRs for these actions.
Background
I. Nontrawl Sablefish Season
The commercial sablefish harvest guideline (the annual harvest
guideline reduced by the amount set aside for coastal treaty Indian
tribes) is allocated between the limited entry and open access
fisheries. The limited entry allocation has been further divided into
allocations for trawl-gear and nontrawl-gear fisheries. Historically,
the trawl-gear fishery has been managed with trip limits, the amount of
fish that may be harvested during a fishing trip or set time period,
primarily to extend the fishery throughout most of the year. The
nontrawl-gear fishery, in contrast, has taken most of its allocation in
what has become an intense, open competition called the regular or
derby season, during which the only trip limit in effect applies to
small sablefish (smaller than 22 inches (56 cm) total length in 1995
and in 1996). Before 1995, the start of the WOC regular season was
linked to the first nontrawl sablefish season opening in the Gulf of
Alaska under 50 CFR part 672. In 1995, the start of the WOC regular
season was changed to August 6, primarily for safety reasons (because
winds generally are calmer along the coast at this time of year) and to
avoid overlapping with other fisheries and fishing opportunities (60
[[Page 8022]]
FR 34472, July 3, 1995). The regular season is followed 3-4 weeks later
by a mop-up fishery to take the remainder of the nontrawl allocation,
except for small amounts to be taken in the daily trip limits before
and after the mop-up season.
At its October 1995 meeting, the Council heard testimony that
September 1 would be a preferable date for the start of the 1996
regular season, because it would not conflict as much as August 6 with
albacore tuna and expected salmon seasons. The weather, on average,
coastwide appears to be as stable in September as in August, in keeping
with the Council's goal of minimizing weather-related risk during the
regular season. However, a later mop-up season may fall at a time when
weather is less stable. Because the mop-up season provides a single,
cumulative limit for each vessel, and a longer time in which to take
the limit compared to the regular season, fishers are more likely to
wait out the storms and fish when conditions are safer. Also, in 1996,
tides would be slack on September 1 and therefore would provide a
smoother, and possibly safer, transit to the grounds for those vessels
crossing the bar at the mouth of the Columbia River. Even though the
sablefish would be slightly larger if the fishery were delayed 3 weeks,
this would have a negligible impact on recruitment. For the most part,
this change in the regular season would be made to accommodate
participation in alternate fisheries, while conducting the derby when
weather is relatively stable.
The closed period that applies before the regular season (to open
access and limited entry vessels using fixed gear to take and retain
sablefish) would remain in effect, but would be shifted from early
August to late August.
The Federal provisions for ending the regular season also remain
the same. However, the State of Washington may establish special
procedures for vessels that deliver in Puget Sound, because the transit
time is longer than for most vessels operating on the coast. Under both
the current and proposed regulations, a small trip limit comes into
effect at the end of the regular season. Therefore, a vessel must be in
port and offloading its sablefish at the time the regular season ends
(that is, before the new lower trip limit is effective), which the
Council supports for closing the season. Transit time has become a
bigger concern as the regular season becomes shorter, only 7 days in
1995. The transit time from the fishing grounds to ports in Puget Sound
is substantially longer than the transit time for most vessels
operating on the coast. As a result, vessels that normally would have
delivered to processors in Puget Sound have had to choose between
reducing their fishing time (by leaving the grounds early enough to get
to their normal processors in Puget Sound), or delivering to a
different processor closer to the fishing grounds. Therefore, the State
of Washington is considering establishing special procedures for
vessels landing in Puget Sound that would ensure that they were off the
sablefish fishing grounds at the end of the regular season but may not
require that they be in port offloading. These proposed Federal
regulations would acknowledge the State regulation, and allow for
vessels landing in Puget Sound to be governed by the Washington
regulation.
The Council is considering a number of other management strategies
for this fishery in 1997 and beyond, but has not yet made its
recommendation to NMFS. The Council may select yet another opening
date, or a framework for determining an opening date, if the regular
season fishing structure remains in effect in 1997.
II. Pacific Whiting Season
Since 1991, harvest of the whiting resource has been allocated
between user groups. Whiting has been allocated between vessels that
deliver their catch shoreside and vessels that deliver their catch at
sea (which includes catcher processors that both harvest and process
their catch, and catcher vessels that deliver to motherships at sea).
The shore-based sector has conducted a longer, slower season (extending
through the summer and into the fall), whereas the at-sea sector has
conducted a more intense, shorter fishery (less than a month in recent
years). To satisfy both strategies, both sectors compete for the first
60 percent of the commercial harvest guideline (the annual harvest
guideline reduced by the amount set aside for harvest, if any, by
coastal treaty Indian tribes). When 60 percent of the commercial
harvest guideline is reached, at-sea processing of whiting is
prohibited, and the remainder of the commercial harvest guideline is
reserved for the shore-based sector. If not projected to be fully used,
the surplus reserve may be released on or after August 15. The regular
season currently begins on April 15 north of 42 deg. N. lat. (the
Oregon/California border) and south of 40 deg. 30' N. lat. (the
southern border of the Eureka statistical subarea), and on March 1
between 42 deg. and 40 deg. 30' N. lat. At-sea processing is prohibited
south of 42 deg. N. lat. Before and after the regular season, a small
``per trip'' limit for whiting (currently 10,000 lb (4,536 kg)) is in
effect.
At its October 1995 meeting, the Council recommended that the start
of the regular season for whiting north of 42 deg. N. lat. be delayed
from April 15 to May 15. This delay was supported by most members of
the industry testifying for both the at-sea and shore-based sectors.
Some suggested an even later opening, but few preferred the current
April 15 date. The 1-month delay was recommended for the following
reasons: (1) Whiting spawn in the winter, primarily in January-
February. They are emaciated afterwards, taking several months to
recover and to produce optimal flesh for processing. Although whiting
generally are well on their way to recovery by April 15 north of
42 deg. N. lat., the spawning stock as a whole is in better condition
by mid-May. If the amount of whiting available for harvest is
relatively low, the quality of the product and the product recovery
rate are even more important to maintain the economic viability of the
fishery. (2) With a month's delay in harvest, whiting will be slightly
larger with an additional month's growth, increasing (in small measure)
the yield per fish. (3) At the October Council meeting, some Council
members and industry representatives speculated that bycatch rates of
salmon and other groundfish species could be reduced with a 1-month
delay in the start of the regular season, but the data are not
conclusive. The at-sea sector has not operated in late May since 1991,
so there is little information for these operations at this time of
year. The EA/RIR indicates that the shore-based fleet has consistently
shown a trend in decreasing salmon bycatch as the season progresses, at
least through June. This could be due to a seasonal effect or to start-
up problems that sometimes occur at the beginning of a fishing season.
Bycatch of salmon by either sector may be more highly correlated with
abundance and availability of salmon, the ability of the skipper, and
the incentive to avoid bycatch. The influence of these factors is not
readily measurable. The EA/RIR states that delaying the season opening
date to May 15 is unlikely to affect rockfish bycatch rates. For the
most part, the delay in the season would be made to provide better
quality fish for processing.
The allocation of whiting between the shore-based and at-sea
sectors will be reconsidered in 1996 for fisheries in 1997 and beyond.
The start of the regular season may be reconsidered at the same time,
and potentially could differ for each sector.
[[Page 8023]]
Classification
The Assistant Administrator for Fisheries, NOAA has initially
determined that this action is consistent with the FMP and the national
standards and other provisions of the Magnuson Act.
This proposed rule has been determined to be not significant for
the 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. This rule, if adopted, would not change the amount of
fish caught or retained or the number of vessels participating, and
would not confer a competitive advantage to any user group. As a
result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 663 is
proposed to be amended as follows:
PART 663--PACIFIC COAST GROUNDFISH FISHERY
l. The authority citation for part 663 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 663.23, paragraphs (b)(2)(i)(A), (b)(2)(i)(B),
(b)(2)(ii), (b)(2)(iv), and (b)(3)(i) are revised to read as follows:
Sec. 663.23 Catch restrictions.
* * * * *
(b) * * *
(2) * * *
(i) * * * (A) Sablefish taken with fixed gear in the limited entry
or open access fishery in the EEZ may not be retained or landed from 12
noon August 29 through 12 noon September 1.
(B) All fixed gear used to take and retain groundfish must be out
of EEZ waters from 12 noon August 29 through 12 noon September 1,
except that pot gear used to take and retain groundfish may be deployed
and baited in the EEZ after 12 noon on August 31.
(ii) Regular season--Limited entry fishery. The regular season for
the limited entry nontrawl sablefish fishery begins at 12:01 on
September 1. During the regular season, the limited entry nontrawl
sablefish fishery may be subject to trip limits to protect juvenile
sablefish. The regular season will end when 70 percent of the limited
entry nontrawl allocation has been or is projected to be taken. The end
of the regular season may be announced in the Federal Register either
before or during the regular season.
* * * * *
(iv) The dates and times that the regular season ends (and trip
limits on sablefish of all sizes are resumed) and the mop-up season
begins and ends, and the size of the trip limit for the mop-up fishery,
will be announced in the Federal Register, and may be modified. Unless
otherwise announced, these seasons will begin and end at 12 noon on the
specified date. A vessel landing sablefish in Puget Sound that was
taken under a limited entry permit with nontrawl gear during a regular
season is not subject to trip limits on that trip (except the regular
season trip limits to protect juvenile sablefish), provided the landing
complies with Washington State regulations governing sablefish landings
in Puget Sound after the regular season.
* * * * *
(3) Pacific Whiting--(i) Season. The regular season for Pacific
whiting begins on May 15 north of 42 deg.00' N. lat., on March 1
between 42 deg.00' N. lat. and 40 deg.30' N. lat., and on April 15
south of 40 deg.30' N. lat. Before and after the regular season, trip
landing or frequency limits may be imposed under paragraph (c) of this
section.
* * * * *
[FR Doc. 96-4752 Filed 2-29-96; 8:45 am]
BILLING CODE 3510-22-F
