[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10900]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 931249-3349; ID.# 042694D]
Pacific Coast Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: Adjustment to trip limits; clarifications; request for
comments.
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SUMMARY: NMFS announces a change in the trip limit for rockfish taken
with set nets in the open access fishery for groundfish in the U.S.
exclusive economic zone off the coast of California as authorized by
the Pacific Coast Groundfish Fishery Management Plan (FMP). This action
is intended to keep landings as close as possible to the open access
allocation without causing excessive discards. Clarifications to the
management measures for 1994 also are announced. The clarifications do
not result in changes to Federal management of the fishery.
DATES: Effective May 3, 1994 through December 31, 1994. Comments will
be accepted by June 6, 1994.
ADDRESSES: Comments should be sent to Mr. J. Gary Smith, Acting
Director, Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700,
Bldg. 1, Seattle, WA 98115-0070; or Dr. Gary Matlock, Acting Director,
Southwest Region, NMFS, 501 West Ocean Blvd., suite 4200, Long Beach,
CA 90802-4213. Information relevant to this action has been compiled in
aggregate form and is available for public review during business hours
at the Office of the Director, Northwest Region, NMFS, (Regional
Director) or may be obtained from the Pacific Fishery Management
Council (Council), by writing Pacific Fishery Management Council, Metro
Center, suite 420, 2000 SW. First Avenue, Portland, OR 97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.
SUPPLEMENTARY INFORMATION: At its April 4-8, 1994, meeting in
Burlingame, CA, the Council recommended changes to the 1994 groundfish
fishery specifications and management measures published in the Federal
Register at 59 FR 685, on January 6, 1994. NMFS concurs with the
Council's recommendations, and herein announces the following changes
and clarifications for the reasons stated below.
A. Change the Open Access Trip Limit for Rockfish Caught With Set Nets
The current trip limit for all open access gear except exempted
trawl gear is 10,000 pounds (4,536 kg) per trip for all rockfish
combined, not to exceed 40,000 pounds (18,144 kg) cumulative in a
month. Representatives of the California set net fleet testified that
they frequently catch more than 10,000 pounds (4,536 kg) per trip,
resulting in significant discards. The Council agreed that the 10,000-
pound (4,536 kg) trip limit could be removed for the set net fishery to
minimize discards and disruption of traditional fishing patterns, but
the 40,000 pound (18,144 kg) cumulative limit per month must remain in
effect. No change was recommended for any other open access gear
because these gears have different fishing patterns and the per trip
limit is not as likely to cause discards. Data are inadequate at this
time to determine landings by the set net fishery or to project whether
the open access allocation for rockfish will be reached before the end
of the year. The set net fishery is expected to take about 20 percent
of the open access allocation of rockfish. The Council agreed that the
10,000-pound (4,536 kg) trip limit may be inappropriate for this sector
of the industry if large levels of discards are occurring, but warned
that more severe restrictions will be implemented later in the year if
necessary to avoid exceeding the open access allocation. Set nets are
legal gear only south of 38 deg. N. Latitude.
The revised trip limit modifies the document published on January
6, 1994 (59 FR 697), at paragraph IV.G.(1)(a), as follows:
G. Vessel Limits in the Open-Access Fishery
(1) Set net, hook-and-line, pot, and other exempt gear except
exempted trawl gear:
(a) Rockfish. No more than 40,000 pounds (18,144 kg) cumulative of
rockfish may be taken and retained, possessed, or landed per vessel per
month. No more than 10,000 pounds (4,536 kg) of rockfish may be taken
and retained, possessed, or landed per vessel per fishing trip, unless
caught with a set net, in which case the 10,000-pound (4,536 kg) trip
limit does not apply. Rockfish means the Sebastes complex (including
yellowtail rockfish), shortbelly rockfish, widow rockfish, Pacific
ocean perch, and thornyheads, as listed at 50 CFR 663.2. Within these
limits, a vessel may not take and retain, possess or land more widow
rockfish, Pacific ocean perch, thornyheads, DTS complex, Sebastes
complex, yellowtail rockfish, or bocaccio than authorized for the
limited-entry fishery. (See paragraphs B.(1), C.(2), D.(1), and E.(3).)
B. Clarify the Provision for ``Fishing Ahead'' on the Next Limit
Some confusion has arisen regarding the provision at 59 FR 695,
paragraph IV.A.(4), that allows a vessel that already has landed its
cumulative or daily limit for a species to ``fish ahead'' on its limit
for the next cumulative or daily period. Some vessels would off-load
part of their catch, keeping trip limit species on board for offloading
after the next legal period begins. This is not permitted because, if a
vessel off-loads any fish, all fish on board count toward the limit for
the current period. The definition of ``landing'' at 50 CFR 663.2
states that ``once transfer begins, all fish aboard the vessel are
counted as part of the landing.'' Therefore, if a vessel off-loads any
species of fish (including groundfish with no trip limits, shrimp,
prawns or other nongroundfish species) while having on board a species
or species group whose cumulative (or daily) limit has been reached,
the fish on board will be counted toward the current period's
cumulative or daily limit, which then is exceeded. Paragraph IV.A.(4)
is clarified as follows:
(4) Unless the fishery is closed, a vessel which has landed its
cumulative or daily limit may continue to fish on the limit for the
next legal period so long as no fish (including but not limited to
groundfish with no trip limits, shrimp, prawns or other nongroundfish
species or shellfish) are landed (offloaded) until the next legal
period. As stated in the regulations at 50 CFR 663.2, once offloading
of any species begins, all fish aboard the vessel are counted as part
of the landing.
C. Clarify the Calculation of the Sablefish Trawl Trip Limit
The Council originally recommended a sablefish trip limit of 25
percent of the DTS complex (Dover sole, thornyheads, and trawl-caught
sablefish). This has caused some confusion. The legal limit for
sablefish is difficult to determine because it is based on the total
amount of legal DTS complex, including sablefish. To simplify this trip
limit, NMFS is restating it in equivalent terms that are easier to
calculate--25 percent of the DTS complex (including sablefish) is
equivalent to 33.333 percent (approximately one third) of the legal
thornyheads and Dover sole (i.e. the DTS complex excluding sablefish).
Paragraph IV.E.(3)(b)(ii), at 59 FR 696, is restated below:
(b) Trip and Size Limits--(ii) Trip limits. Coastwide, no more than
50,000 pounds (22,680 kg) cumulative of the DTS complex may be taken
and retained, possessed, or landed per vessel per month. Within this
50,000 pounds (22,680 kg), no more than 30,000 pounds (13,608 kg)
cumulative may be thornyheads, and no more than 12,000 pounds (5,443
kg) cumulative may be trawl-caught sablefish. In any landing of the DTS
complex, the trip limit for trawl-caught sablefish is 1,000 pounds (454
kg), or 33.333 percent of the legal thornyheads and Dover sole,
whichever is greater. In any landing, no more than 5,000 pounds (2,268
kg) of sablefish may be smaller than 22 inches (56 cm) (total length).
Note: 33.333 percent of thornyheads and Dover sole (the DTS
complex excluding sablefish) is equivalent to 25 percent of the DTS
complex (including sablefish). As stated in paragraph A.(6), at 59
FR 695, percentages are based on round weights, and, unless
otherwise specified, apply only to legal fish on board.
D. Yellowtail Rockfish Declarations
Federal trip limits for yellowtail rockfish are found at 59 FR 695,
paragraph IV.C. The States of Oregon and Washington have implemented
declaration procedures that enable vessels that transit or operate
north of Cape Lookout (where the trip limit currently is 14,000 pounds
(6,350 kg) cumulative of yellowtail rockfish per month) to fish south
of Cape Lookout and retain up to the southern limit (currently 30,000
pounds (13,608 kg) cumulative per month). Details of the declaration
procedure are set forth in the respective state regulations. Therefore,
specific descriptions of state requirements are being removed from the
Federal Register notice at 59 FR 696 by deleting the following sentence
from paragraph IV.C.(2)(c): ``For any vessel that takes and retains or
lands yellowtail rockfish during the month, a declaration must be filed
for each fishing trip that crosses the line at Cape Lookout during that
month, must be made before leaving port on the fishing trip, and may
not be changed once the vessel has left port.'' In the same paragraph,
the reference to the ``Washington Department of Fisheries'' is changed
to the ``Washington Department of Fish and Wildlife''.
The other provisions at 59 FR 695, paragraph IV.C., that apply to
vessels landing yellowtail rockfish are not changed. Vessel operators
are cautioned that the States of Oregon and Washington are in the
process of revising their requirements, and therefore the state where
the fish will be landed should be contacted to ensure compliance with
state law (Oregon Department of Fish and Wildlife, Newport, OR at 503-
867-4741 or 503-867-0300; or Washington Department of Fish and
Wildlife, Montesano WA, 206-249-4628).
E. Clarification of Yellowtail Rockfish Areas
Two errors occurred in the 1994 groundfish fishery specifications
and management measures in the description of the stock assessment and
harvest guideline areas for yellowtail rockfish. The clarifications,
explained below, cause no change in management of the fishery. (1)
Footnote ``p'' to Table 1 at 59 FR 689 incorrectly states that the
stock assessment for yellowtail rockfish divides the Columbia area at
Cape Lookout, OR. The geographic scope of the yellowtail rockfish
acceptable biological catch (ABC) is correctly described at 59 FR 690
in the third column--ABCs were determined for the areas north and south
of Cape Falcon, OR. Therefore, the first sentence of footnote ``p''
should read: ``The yellowtail rockfish assessment addresses three
separate areas: Vancouver, Columbia north of Cape Falcon, and Columbia
south of Cape Falcon plus Eureka.'' (2) The text in the first column at
59 FR 691 incorrectly states that the harvest guidelines for yellowtail
rockfish apply to the areas north and south of Cape Falcon. Cape Falcon
divides a major fishing ground, making differential trip limits on
either side of the line impractical. Instead, Cape Lookout, OR, which
is 26 nautical miles south of Cape Falcon, was used for purposes of
establishing the yellowtail rockfish harvest guidelines. Therefore, the
harvest guidelines and trip limits for yellowtail rockfish apply north
and south of Cape Lookout, as previously announced at 59 FR 687, Table
1, and at 59 FR 695, paragraph IV.C.
F. Renumbering Paragraphs
At 59 FR 697, paragraphs IV.G.(3) (i), (ii), and (iii) regarding
open access limits for California halibut or sea cucumber trawls were
inappropriately numbered, and are redesignated IV.G.(3) (a), (b), and
(c), respectively. At 59 FR 698 in the first column, paragraph IV. on
Recreational Fishing is redesignated as paragraph H.
Classification
The determination to take this action is based on the most recent
data available. The aggregate data upon which the determination is
based are available for public inspection at the Office of the
Director, Northwest Region (see ADDRESSES) during business hours until
May 18, 1994.
This action is taken under the authority of 50 CFR 663.23(c) and
section III.C.1. of the Appendix to 50 CFR part 663.
This notice is exempt from review under Executive Order 12866.
List of Subjects in 50 CFR Part 663
Administrative practice and procedure, Fisheries, Fishing, and
Recordkeeping and reporting requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 1994.
Joe P. Clem,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 94-10900 Filed 5-3-94; 8:45 am]
BILLING CODE 3510-22-P
