[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Rules and Regulations]
[Pages 16862-16867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8429]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 981231333-8333-01; I.D. 032599A]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Trip Limit Adjustments
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 restrictions to the Pacific
Coast groundfish limited entry and open access fisheries to clarify
landings restrictions north and south of Cape Mendocino, California; in
the limited entry fisheries to clarify the canary rockfish cumulative
landings limit south of Cape Mendocino; in the open access fisheries,
to revise trip limits for Sebastes complex species, including
yellowtail rockfish, canary rockfish, black rockfish, blue rockfish;
revises the trip limits in the pink shrimp exempted trawl open access
fishery for overall groundfish, Dover sole, whiting, and sablefish
landings; and provides three technical corrections to the annual
specifications and management measures. These restrictions are
[[Page 16863]]
intended to clarify some of the restrictions within the 1999 annual
management measures and to extend the fisheries as long as possible
during the year while keeping landings within the 1999 optimum yields
(OYs) and allocations for these species.
DATES: Effective 0001 hours local time (l.t.) April 1, 1999. For
vessels operating in the B platoon, effective from 0001 hours (l.t.)
April 16, 1999. These changes are in effect, unless modified,
superseded or rescinded, until the effective date of the 2000 annual
specifications and management measures for the Pacific Coast groundfish
fishery, which will be published in the Federal Register. Comments will
be accepted through April 22, 1999.
ADDRESSES: Submit comments to William Stelle, Jr., Administrator,
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way
N.E., BIN C15700, 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.
SUPPLEMENTARY INFORMATION: The following changes to current management
measures (published January 8, 1999 at 64 FR 1316) were recommended by
the Pacific Fishery Management Council (Council), in consultation with
the States of Washington, Oregon, and California, at its March 9
through 12, 1999, meeting in Portland, OR.
Clarification to the Limited Entry Limit for Canary Rockfish Landed
South of Cape Mendocino
For the 1999 annual specifications and management measures, the
Council recommended and NMFS adopted limited entry 2-month cumulative
limits for the periods beginning April 1, 1999, of 9,000 lb (4,082 kg)
for canary rockfish coastwide, and 6,500 lb (2,948 kg) for Sebastes
species south of Cape Mendocino. Canary rockfish is managed within the
Sebastes complex and limited by the Sebastes complex trip limit, but
neither the Council nor NMFS noticed that the coastwide canary rockfish
limit for the 2-month periods beginning April 1 exceeded the overall
Sebastes complex limit for those same 2-month periods in the southern
area. The Council recommended at its March 1999 meeting that NMFS
correct this discrepancy in time for the beginning of the April 1
through May 31 2-month cumulative limit period. The Council recommended
that the cumulative limit for canary rockfish south of Cape Mendocino
within a 2-month cumulative limit period not exceed the Sebastes
complex south of Cape Mendocino cumulative limit for that same period.
Consequently, the 2-month cumulative trip limit for canary rockfish
south of Cape Mendocino is reduced to 6,500 lb (2,948 kg).
Cape Mendocino Management Line for Sebastes Complex Species
Chilipepper rockfish and splitnose rockfish are separate from the
Sebastes complex south of Cape Mendocino, and are managed by cumulative
limits that do not count toward the Sebastes complex limits south of
Cape Mendocino. North of Cape Mendocino, chilipepper rockfish and
splitnose rockfish are part of the Sebastes complex. For the first
cumulative limit period of 1999, January 1 through March 31, the
overall Sebastes complex limit north of Cape Mendocino was 24,000 lb
(10,866 kg), the overall Sebastes complex limit south of Cape Mendocino
was 13,000 lb (5,897 kg), the chilipepper rockfish limit south of Cape
Mendocino was 45,000 lb (20,412 kg), and the splitnose rockfish limit
south of Cape Mendocino was 32,000 lb (14,515 kg).
Vessels targeting Pacific Coast groundfish generally are not
restricted to fishing in particular areas. There are, however,
restrictions for vessels that operate in two different management
areas, with different cumulative trip limits, but within a single
cumulative limit period. The 1999 annual specifications and management
measures (64 FR 1316, January 8, 1999) deal with this issue at
paragraph IV.A.(12), ``Operating in areas with different trip limits''
with ``cross-over'' provisions at sub-paragraphs (a) and (b):
(a) Going from a more restrictive to a more liberal area. If a
vessel takes and retains any species of groundfish in an area where
a more restrictive trip limit applies, before fishing in an area
where a more liberal trip limit (or no trip limit) applies, then
that vessel is subject to the more restrictive trip limit for the
entire period to which that trip limit applies, no matter where the
fish are taken and retained, possessed, or landed.
(b) Going from a more liberal to a more restrictive area. If a
vessel takes and retains a species (or species complex) in an area
where a higher trip limit (or no trip limit) applies, and takes and
retains, possesses or lands the same species (or species complex) in
an area where a more restrictive trip limit applies, then that
vessel is subject to the more restrictive trip limit for that trip
limit period.
After the 1999 specifications and management measures went into
effect, NMFS began to receive telephone calls from fishing vessel
owners and operators who were fishing near the Cape Mendocino
management line, wondering how to apply the ``cross-over'' provisions
to fishing for Sebastes complex species. With the higher overall
Sebastes complex limit north of Cape Mendocino and the large
chilipepper and splitnose rockfish limits south of Cape Mendocino,
fishers wanted to know how they could maximize their catch without
exceeding landings limits. It became apparent that vessels could take
the larger Sebastes complex limit north of Cape Mendocino, then move
south of Cape Mendocino and catch chilipepper rockfish and/or splitnose
rockfish if the bycatch of Sebastes were discarded.
After much consideration, NMFS determined that the ``cross-over''
provisions in the 1999 annual specifications and management measures
were not specific enough to deal with this particular problem, and
asked the Council for clarification at its March 1999 meeting.
At the March 1999 meeting, the Council considered a variety of
possible interpretations of how to apply the ``cross-over'' provisions
to the different Sebastes complex, chilipepper rockfish, and splitnose
rockfish limits. The Council primarily wanted to clarify these
provisions in a way that would not encourage discards. The Council did
not want vessels to first target the higher Sebastes complex limit
north of Cape Mendocino and then to move south to take chilipepper
rockfish and splitnose rockfish and discard Sebastes complex species
south of Cape Mendocino. Chilipepper rockfish and splitnose rockfish
are often caught in association with other Sebastes complex species,
and if vessels are targeting chilipepper and splitnose without also
being allowed to retain Sebastes complex species, those Sebastes
complex species would have to be discarded.
To resolve this issue, the Council recommended revising the 1999
``cross-over'' provisions to deal specifically with Sebastes complex
species so that if a vessel takes and retains either chilipepper
rockfish and/or splitnose rockfish south of Cape Mendocino, that vessel
would be subject to the south of Cape Mendocino Sebastes complex limit
for the remainder of the cumulative limit period, no matter where it
takes and retains, possesses or lands Sebastes complex species.
Increases to Open Access Monthly Limits for Sebastes Complex
Species
Beginning in 1999, Sebastes complex limits for the open access
fishery were
[[Page 16864]]
unlinked from the limited entry fishery so that open access groundfish
landings might be better spread throughout the year. At its November
1998 meeting, the Council had recommended an open access cumulative
monthly limit for Sebastes complex species north of Cape Mendocino of
3,600 lb (1,633 kg), of which no more than 400 lb (181 kg) per month
could be species other than yellowtail or canary rockfish. The Council
also recommended that within the Sebastes complex limit for north of
Cape Mendocino, the monthly cumulative limit for yellowtail rockfish
would be 2,600 lb (1,179 kg), and the monthly cumulative limit for
canary rockfish would be 1,000 lb (454 kg). After the November Council
meeting, an error was discovered in the Pacific Fisheries Information
Network (PacFIN) data system, which had wrongly attributed some past
rockfish landings to the open access fishery north of Cape Mendocino.
As a result of this error, the Council had made its recommendation for
the 1999 trip limit based on data that had overestimated landings
projections for the open access fishery. The 400 lb (181 kg) limit for
species other than yellowtail and canary rockfish within the Sebastes
complex limit appeared unnecessarily restrictive and burdensome in
light of the post-meeting information. For these reasons, NMFS
disapproved the 400 lb (181 kg) trip limit and asked the Council to
address open access limits north of Cape Mendocino at its March 1999
meeting. NMFS did approve and implement the Council's recommendation
for an overall Sebastes cumulative trip limit of 3,600 lb (1,633 kg)
per month, with the sublimits of 2,600 lb (1,179 kg) of yellowtail
rockfish and 1,000 lb (454 kg) of canary rockfish.
At its March 1999 meeting, following corrections of open access
landings information, the Council reconsidered open access Sebastes
complex limits. The Council's Groundfish Management Team (GMT) compared
past harvest rates with 1999 allocations for a variety of species and
advised the Council that the open access trip limits for Sebastes
complex species and yellowtail rockfish north of Cape Mendocino and for
canary rockfish coastwide would not allow attainment of the open access
allocations for these species. For this reason, the Council recommended
at its March 1999 meeting to revise the open access cumulative landings
limits for Sebastes complex species north of Cape Mendocino and for
canary rockfish coastwide to an overall Sebastes complex limit of
12,000 lb (5,443 kg) per month north of Cape Mendocino and an overall
Sebastes complex limit of 2,000 lb (907 kg) south of Cape Mendocino,
within which: No more than 6,500 lb (2,948 kg) per month may be
yellowtail rockfish north of Cape Mendocino; no more than 2,000 lb (907
kg) per month may be canary rockfish coastwide; no more than 3,500 lb
(1,588 kg) per month may be black rockfish and blue rockfish north of
Cape Mendocino, and no more than 2,000 lb (907 kg) per month may be
species other than yellowtail rockfish, canary rockfish, black rockfish
and blue rockfish north of Cape Mendocino. Current open access limits
for bocaccio south of Cape Mendocino would remain in effect and would
continue to count toward the overall Sebastes complex limit of 2,000 lb
(907 kg) for that area.
Although the sum of the cumulative monthly limits for canary
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and
other Sebastes rockfish is greater than the overall monthly cumulative
limit for the Sebastes complex north of Cape Mendocino, the overall
Sebastes complex limit may not be exceeded. Consequently, the monthly
cumulative limits for canary rockfish, yellowtail rockfish, black
rockfish and blue rockfish, and other Sebastes complex species north of
Cape Mendocino cannot all be achieved. Similarly, the canary rockfish
coastwide limit is equal to the Sebastes complex limit south of Cape
Mendocino. Any canary rockfish taken south of Cape Mendocino counts
against the overall Sebastes complex limit, which may not be exceeded.
The adjusted trip limits are calculated to provide a year long
fishing opportunity. Pacific Coast groundfish landings are monitored
throughout the year, and further adjustments to cumulative trip limits
will be made as necessary.
Pink Shrimp Fishery
Groundfish regulations allow shrimp trawlers to retain and land
groundfish caught incidentally on fishing trips targeting pink shrimp.
Pink shrimp trawls are one of the open access ``exempted'' trawl gears.
Under the 1999 management measures, exempted trawl gears are managed
under a 300 lb (136 kg) groundfish ``per trip'' limit, including the
same daily trip limits for sablefish (300 lb (136 kg) north of 36 deg.
N. lat. and 350 lb (159 kg) south of 36 deg. N. lat.) and thornyheads
(50 lb) (22.7 kg) per day south of Point Conception) as all other open
access gears. This limit was a change from previous years' management
measures for pink shrimp trawlers, which had been permitted to multiply
the daily trip limit for groundfish by the number of days in the
fishing trip.
The pink shrimp fishery has historically been managed to allow
landings of incidentally caught groundfish, so that fishers would not
be required by regulations to discard those groundfish. At the March
1999 Council meeting, the GMT advised the Council that restricting the
pink shrimp fishery to 300 lb (136 kg) of groundfish per trip might
force regulatory discards of incidentally caught groundfish, without
reducing the discard mortality in the pink shrimp fishery. If
management measures for pink shrimp trawlers accommodate landings of
incidentally caught groundfish, those landings (by vessels without
limited entry permits) are counted against the open access groundfish
allocations. Incidentally caught groundfish that are discarded are not
measured and are not counted against allocations. However, assumptions
are made about overall discards and discards are taken into account
when calculating overall harvest. Furthermore, some shrimp fishers
testified that groundfish are a historical, desirable component of
their shrimp/groundfish fishery and should not be treated as incidental
catch. For these reasons, the Council recommended setting a new trip
limit for vessels engaged in fishing for pink shrimp with exempted
trawl gear at 500 lb (227 kg) of groundfish per day, multiplied by the
number of days of the fishing trip, but not to exceed 2,000 lb (907 kg)
per trip. The 500 lb (227 kg) per day portion of this limit had been in
effect until January 1, 1999. All groundfish landings in the pink
shrimp fishery, except for Dover sole and Pacific whiting landings,
would continue also to be managed under species-specific daily,
monthly, and 2-month cumulative trip limits (including the 1,800 lb
(817 kg) 2-month cumulative limit for sablefish), except that the daily
trip limit for sablefish north of 36 deg. N. lat. would no longer apply
to this fishery. Dover sole and Pacific whiting landings would be
constrained by the per trip groundfish limit. The Council further
recommended that, in any landing by vessels engaged in fishing for pink
shrimp, the amount of groundfish landed not exceed the amount of pink
shrimp landed.
Groundfish Taken by Exempted Trawl Gears Outside of the Pink Shrimp
Fishery
In addition to the pink shrimp fishery, groundfish may be landed by
vessels using exempted trawl gear in fisheries targeting spot and
ridgeback prawns,
[[Page 16865]]
California halibut, and sea cucumber. The Council considered
restricting landings of groundfish taken in all exempted trawl
fisheries so that in any landing, the amount of groundfish landed would
not exceed the amount of the target species landed. This issue was
tabled until the April 1999 Council meeting, so that the Council could
have the benefit of advice from its Groundfish Advisory Panel.
Inseason Trip Limit Adjustments Between Council Meetings
The 1999 cumulative trip limit periods for the limited entry
fishery include 2-month cumulative limit periods for April-May, June-
July, and August-September. During those periods, Council meetings are
scheduled for April, June, and September, which means that the Council
could only make inseason adjustments at its April meeting for June 1
and at its June meeting for August 1. At its March 1999 meeting, the
Council's GMT recommended that the Council plan to make no trip limit
adjustments at the April meeting, because landings data from the
January 1 through March 31 cumulative limit period would not be
available until after that meeting. To allow itself more flexibility
for inseason adjustments, the Council decided that if it wants the
opportunity to adjust trip limits before June 1, a conference call
could be conducted with individuals identified by the Council to
recommend adjustments based on recommendations from the May 1999 GMT
meeting. A similar conference call could be scheduled in July if GMT
recommendations from the July 1999 GMT meeting suggest that inseason
adjustments are necessary.
Corrections to the 1999 Specifications and Management Measures
This document also contains three technical corrections to the 1999
annual specifications and management measures (64 FR 1316, January 8,
1999). The definition of a daily trip limit at Section IV, under
A.(1)(b) states that under a daily trip limit, only two landings of
groundfish may be made in a 24-hour period. This was a mistake. For
years, under a daily trip limit, only one landing could be made in a
24-hour period, and that restriction was not changed for 1999.
Therefore, a correction is being made in this document to the
definition of ``daily trip limit'' to restrict the number of landings
under a daily trip limit to one in a 24-hour period.
The second mistake is in Section IV, under A.(1)(c)(i)(C), which
states that in 1999, limited entry permit transfers take effect on the
first day of a major cumulative limit period, and that those days in
1999 are January 1, April 1, June 1, August 1, October 1, November 1,
and December 1. According to the groundfish regulations at 50 CFR
660.333 (c)(1), ``* * * Transfers of permits designated as
participating in the ``B'' platoon will become effective on the first
day of the next ``B'' platoon major limited entry cumulative limit
period following the date of the transfer * * *'' Therefore, a
correction has been made to this section of the annual specifications
to include the effective dates of transfer for those vessels
participating in the ``B'' platoon.
The third mistake is in Section IV, under B.(2)(b), which reads,
``Harvest of all Sebastes complex species (except bocaccio), including
those species with their own cumulative limits (yellowtail rockfish,
canary rockfish, bocaccio), count toward the overall applicable
Sebastes cumulative limits for the areas north and south of Cape
Mendocino.'' This sentence is internally inconsistent, and is also
inconsistent with the next paragraph, which makes clear that bocaccio
do count toward the overall Sebastes limit. Therefore, this section is
being modified to clarify that bocaccio count toward the overall
Sebastes complex limits.
NMFS Action
For the reasons stated above, NMFS concurs with the Council's
recommendations and announces the following changes to the 1999 annual
management measures (64 FR 1316, January 8, 1999, as amended). The
annual management measures are modified as follows:
1. In section IV, under A. General Definitions and Provisions,
paragraphs (1)(b) and (1)(c)(i)(C) are revised, paragraph (12)
introductory text is revised, and paragraph (12)(c) is added to read as
follows:
A. General Definitions and Provisions
* * * * *
(1) * * *
(b) A daily trip limit is the maximum amount that may be taken and
retained, possessed, or landed per vessel in 24 consecutive hours,
starting at 0001 local time. Only one landing of groundfish may be made
in that 24-hour period. Daily trip limits may not be accumulated during
multiple day trips.
(c) * * *
(i) * * *
(C) Permit transfers. For the purposes of the restriction that
limited entry permit transfers are to take effect only on the first day
of a major cumulative limit period (50 CFR 660.333 (c)(1)), those days
in 1999 are January 1, April 1, June 1, August 1, October 1, November
1, and December 1. For vessels with permits authorized to participate
in the ``B'' platoon, those days in 1999 are January 16, April 16, June
16, August 16, October 16, November 16, and December 16.
* * * * *
(12) Operating in areas with different trip limits. Trip limits for
a species or species complex may differ in different geographic areas
along the coast. The following ``crossover'' provisions apply to
vessels operating in different geographical areas that have different
cumulative or ``per trip'' trip limits for the same species or species
complex, unless otherwise specified as in paragraph (c) for chilipepper
and splitnose rockfishes and the Sebastes complex. * * *
* * * * *
(c) Chilipepper Rockfish, Splitnose Rockfish and the Sebastes
Complex. If a vessel takes and retains, possesses, or lands any
splitnose or chilipepper rockfish south of Cape Mendocino, then the
more restrictive Sebastes complex cumulative trip limit applies during
the same cumulative limit period, no matter where the Sebastes complex
is taken and retained, possessed, or landed.
* * * * *
2. In section IV, under B. Limited Entry Fishery, paragraph
B.(2)(b) and table 3 under B.(2)(b)(i) are revised to read as follows:
B. Limited Entry Fishery
* * * * *
(2) * * *
(b) Trip limits for the Sebastes complex. Harvest of all Sebastes
complex species, including those species with their own cumulative
limits (yellowtail rockfish, canary rockfish, bocaccio), count toward
the overall applicable Sebastes cumulative limits for the areas north
and south of Cape Mendocino. Crossover provisions for operating on both
sides of Cape Mendocino during a cumulative trip limit period are found
in Section IV, paragraph (A)(12), with special provisions for
chilipepper rockfish, splitnose rockfish, and the Sebastes complex.
(i) Trip limits for the Sebastes complex except bocaccio. The
cumulative trip limits for the Sebastes complex and its component
species are as follows, unless otherwise announced in the Federal
Register:
[[Page 16866]]
Table 3.--Sebastes Complex and its Component Species
[except bocaccio]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cumulative Trip Limits (in pounds)
--------------------------------------------------------------------------------
Cumulative trip Sebastes complex (north and Yellowtail Canary rockfish \1\ Length of Cumulative
Phase limit periods south of Cape Mendocino) rockfish \1\ -----------(coastwide)---------- trip limit period
-------------------------------- (north of Cape
North South Mendocino) North South
--------------------------------------------------------------------------------------------------------------------------------------------------------
I............................. Jan 1-Mar 31..... 24,000 13,000 15,000 9,000 9,000 3 months.
(10,886 kg) (5,897 kg) (6,804 kg) (4,082 kg) (4,082 kg)
II............................ Apr 1-May 31..... 25,000 6,500 13,000 9,000 6,500 2 months.
June 1-July 31... 25,000 6,500 13,000 9,000 6,500 2 months.
Aug 1-Sept 30.... 25,000 6,500 13,000 9,000 6,500 2 months.
(11,340 kg) (2,948 kg) (5, 897 kg) (4,082 kg) (2,948 kg)
III........................... Oct 1-31......... 10,000 5,000 5,000 3,000 3,000 1 month.
Nov 1-30......... 10,000 5,000 5,000 3,000 3,000 1 month.
Dec 1-31......... 10,000 5,000 5,000 3,000 3,000 1 month.
(4,536 kg) (2,268 kg) (2,268 kg) (1,361 kg) (1,361 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also counts toward the overall Sebastes complex limit, which may not be exceeded.
* * * * *
3. In section IV, under C. Trip limits in the Open Access Fishery,
paragraphs C.(1)(d)(i), C.(1)(g), C.(2), C.(4), C.(5), and the heading
of paragraph C.(6) are revised, and paragraph C.(7) is added to read as
follows:
C. Trip Limits in the Open Access Fishery
* * * * *
(1) * * *
(d) Sebastes complex--(i) Cumulative monthly limits. The cumulative
monthly limit for the Sebastes complex is 12,000 lb (5,443 kg) per
vessel north of Cape Mendocino, and 2,000 lb (907 kg) per vessel south
of Cape Mendocino. Within the cumulative trip limit for the Sebastes
complex, no more than 2,000 lb (907 kg) per month may be canary
rockfish coastwide, no more than 6,500 lb (2,948 kg) per month may be
yellowtail rockfish north of Cape Mendocino, no more than 3,500 lb
(1,588 kg) per month may be black rockfish and blue rockfish combined
north of Cape Mendocino, no more than 2,000 lb (907 kg) per month may
be Sebastes complex species other than yellowtail rockfish, canary
rockfish, black rockfish and blue rockfish north of Cape Mendocino, and
no more than 500 lb (227 kg) per month may be bocaccio south of Cape
Mendocino (except for setnet or trammel net gear--see IV.C.(1)(d)(ii)
below). [Note: The sum of the cumulative monthly limits for canary
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and
other Sebastes rockfish is greater than the overall monthly cumulative
limit for the Sebastes complex north of Cape Mendocino, which may not
be exceeded. Consequently, the monthly cumulative limits for canary
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and
other Sebastes complex species north of Cape Mendocino cannot all be
achieved. Similarly, the canary rockfish coastwide limit is equal to
the Sebastes complex limit south of Cape Mendocino. Any canary rockfish
taken south of Cape Mendocino counts against the overall Sebastes
complex limit, which may not be exceeded.]
* * * * *
(g) Black rockfish. The trip limit at 50 CFR 660.323(a)(i) for
black rockfish caught with hook-and-line gear also applies and is
counted toward the cumulative Sebastes limits, as stated in paragraph
IV.C.(1)(d). (The black rockfish limit is also stated in paragraph
IV.B.(9))
(2) Sablefish. The 2-month cumulative limit periods for sablefish
taken in the open access fishery are the same as those stated above for
the limited entry nontrawl fishery at paragraph IV.B.(6)(d)(ii).
(a) Hook-and-line, pot, setnet, trammel net, exempted trawl gears
used by vessels engaged in fishing for spot and ridgeback prawns,
California halibut, or sea cucumber. The following trip limits apply to
all open access gear, except for exempted trawl gear used by vessels
engaged in fishing for pink shrimp.
(i) North of 36 deg.00' N. lat. 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 1,800 lb (816 kg) per 2-month period.
(ii) South of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained south of 36 deg.00' N. lat. is 350 lb (159 kg).
[Note: All sablefish taken by vessels engaged in fishing for spot and
ridgeback prawns, California halibut, or sea cucumber with exempted
trawl gear may not exceed and counts against the 300 lb (136 kg) per
trip limit for groundfish specified below at paragraph IV.C.(6).]
(b) Sablefish taken by vessels engaged in fishing for pink shrimp
with exempted trawl gear. North of 36 deg. N. lat., the cumulative trip
limit for sablefish is 1,800 lb (816 kg) per 2-month period. South of
36 deg. N. lat., the daily trip limit for sablefish is 350 lb (159 kg)
per day, which may not be multiplied by the number of days in the trip.
* * * * *
(4) Dover sole. The monthly cumulative limit for Dover sole is 100
lb (45 kg) and applies to all open access gear, except for vessels
engaged in fishing for pink shrimp with exempted trawl gear, which are
constrained by the overall groundfish limits in paragraph IV.C.(7).
(5) Pacific whiting. The monthly cumulative limit for Pacific
whiting is 100 lb (45 kg), and applies to all open access gear, except
for vessels engaged in fishing for pink shrimp with exempted trawl
gear, which are constrained by the overall groundfish limits in
paragraph IV.C.(7).
(6) Groundfish taken with exempted trawl gear by vessels engaged in
fishing for spot and ridgeback prawns, California halibut, and sea
cucumbers * * *
* * * * *
(7) Groundfish taken with exempted trawl gear by vessels engaged in
fishing for pink shrimp. The trip limit for a vessel engaged in fishing
for pink shrimp is 500 lb (227 kg) of groundfish per day, multiplied by
the number of days of the fishing trip, but not to exceed 2,000 lb (907
kg) per trip. In addition, no other open access limits may be exceeded
by a vessel engaged in fishing for pink shrimp, except for the
[[Page 16867]]
limits for Dover sole and Pacific whiting, landings of which are
constrained by the per trip groundfish limits. In any landing by
vessels engaged in fishing for pink shrimp, the amount of groundfish
landed may not exceed the amount of pink shrimp landed. [Note: Although
vessels engaged in fishing for pink shrimp were permitted to retain
thornyheads in the latter half of 1998, retention of thornyheads north
of Pt. Conception is prohibited for this and all other open access
fisheries in 1999.]
* * * * *
Classification
These actions are authorized by the regulations implementing the
Pacific Coast Groundfish Fishery Management Plan. 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 implement these changes at the beginning of the
April through May 2-month cumulative limit period, and because the
public had an opportunity to comment on the action at the March 1999
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: March 31, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-8429 Filed 4-1-99; 4:20 pm]
BILLING CODE 3510-22-P
