[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Pages 24970-24973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11964]
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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. 042398C]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Trip Limit Increases
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 for widow
rockfish, yellowtail rockfish, Dover sole, thornyheads, and sablefish
(taken with trawl or fixed gear); and in the open access fishery for
bocaccio taken with hook-and-line or pot gear, and for thornyheads
caught in the pink shrimp trawl fishery. These restrictions are
intended to extend the fisheries as long as possible during the year
and to keep landings within the 1998 harvest guidelines (HGs) and
allocations for these species. This document also corrects an error in
the annual specifications and management measures for the Pacific Coast
fishery published January 6, 1998.
DATES: Effective 0001 hours local time (l.t.) May 1, 1998, except for
the trip limit for vessels operating in the ``B'' platoon, which will
become effective at 0001 hours l.t. May 16, 1998. Effective at 0001
hours l.t. May 3, 1998, for vessels operating in the limited entry,
fixed gear sablefish fishery south of 36 deg. N. lat. These changes are
in effect, unless modified, superceded or rescinded, until the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
May 21, 1998.
ADDRESSES: Submit comments to William Stelle, Jr., Administrator,
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way
NE., 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: William L. Robinson, Northwest Region,
NMFS, 206-526-6140; or Svein Fougner, Southwest Region, NMFS, 562-980-
4040.
SUPPLEMENTARY INFORMATION: The following changes to current management
measures were recommended by the Pacific Fishery Management Council
(Council), in consultation with the States of Washington, Oregon, and
California, at its April 6 to 10, 1998, meeting in Portland, OR.
Increases to Limited Entry 2-Month Cumulative Limits
El Nino climate changes have created unusually severe winter
weather conditions off the Pacific Coast. Hazardous weather has led to
lower groundfish landings than the Council had expected when it
recommended the 1998 limited entry cumulative trip limits at its
November 1997 meeting. Preliminary landing estimates for the first
quarter of 1998 indicate, that if the fishery were to continue under
current restrictions, the groundfish fleet would not achieve the HGs or
allocations for several of the groundfish species managed with
cumulative trip limits. For this reason, the Council recommended at its
April 1998 meeting to raise the 2-month cumulative trip limits by 20
percent for some of the major groundfish species landed by the limited
entry fishery, which also results in increases to the 60 percent limits
in the limited entry fishery and to the 50 percent limits in the open
access fishery. (For more information, see
[[Page 24971]]
annual specifications at 63 FR 419, January 6, 1998.) The adjusted trip
limits are calculated to provide a year-long fishing opportunity.
Pacific coast groundfish landings will be monitored throughout the
year, and further adjustments to the cumulative trip limits will be
made as necessary.
Widow Rockfish
The limited entry fishery for widow rockfish currently is managed
under a 2-month cumulative trip limit of 25,000 lb (11,340 kg). The
best available information at the April 1998 Council meeting indicated
that 464 mt of widow rockfish had been taken through March 31, 1998,
and that the 4,276 mt HG would not be met by the end of 1998 at the
current cumulative trip limit level. Therefore, the Council recommended
for the above reasons that the 2-month cumulative trip limit for widow
rockfish be increased coastwide on May 1, 1998, to 30,000 lb (13,608
kg).
The Sebastes Complex (Including Yellowtail Rockfish, Canary Rockfish,
and Bocaccio)
The limited entry fishery for the Sebastes complex currently is
managed under 2-month cumulative trip limits of yellowtail rockfish
(north of Cape Mendocino), 11,000 lb (4,990 kg); canary rockfish
(coastwide), 15,000 lb (6,804 kg), and bocaccio (south of Cape
Mendocino), 2,000 lb (907 kg). The overall 2-month cumulative trip
limit for the Sebastes complex north of Cape Mendocino is 40,000 lb
(18,144 kg). South of Cape Mendocino, the Sebastes complex 2-month
cumulative trip limit is 150,000 lb (68,039 kg). The best available
information at the April 1998 Council meeting indicated that 259 mt of
yellowtail rockfish had been taken through March 31, 1998, and that the
HG for yellowtail rockfish would not be met by the end of 1998 at the
current cumulative trip limit levels. Therefore, the Council
recommended that the 2-month cumulative trip limit for yellowtail
rockfish landed north of Cape Mendocino be increased on May 1, 1998, to
13,000 lb (5,897 kg). The 40,000 lb (18,144 kg) cumulative limit for
the Sebastes complex north of Cape Mendocino will not increase.
DTS Complex (Dover Sole, Thornyheads, and Trawl-caught Sablefish)
The limited entry fishery for the Dover sole, thornyheads, and
trawl-caught sablefish (DTS complex) is managed under 2-month
cumulative trip limits of Dover sole, 18,000 lb (8,165 kg); longspine
thornyheads, 10,000 lb (4,536 kg); shortspine thornyheads, 4,000 lb
(1,814 kg), and trawl-caught sablefish, 5,000 lb (2,268 kg). There is
an overall DTS complex 2-month cumulative trip limit of 37,000 lb
(16,783 kg). The best available information at the April 1998 Council
meeting indicated that 292 mt of trawl-caught sablefish, 1,678 mt of
Dover sole, 361 mt of longspine thornyheads, and 178 mt of shortpine
thornyheads had been taken through March 31, 1998. Landing levels for
each of these species are well below November 1997 projections for
landings in this fishery during the January through March 1998 period.
Therefore, the Council recommended increasing the 2-month cumulative
limits within the DTS complex on May 1, 1998 to: Dover sole, 22,000 lb
(9,979 kg); longspine thornyheads, 12,000 lb (5,443 kg); shortspine
thornyheads 5,000 lb (2,268 kg), and; trawl-caught sablefish, 6,000 lb
(2,722 kg).
At the April 1998 Council meeting, the Council's Enforcement
Consultants also noted that having an overall cumulative limit for the
DTS complex could lead to double prosecutions where fishers are cited
for both exceeding the cumulative trip limit of a species within the
DTS complex and for exceeding the overall DTS complex cumulative trip
limit. For this reason, and because the Council saw no merit in
retaining an overall DTS complex limit that equals the sum of the
cumulative trip limits of the species in the complex, the Council
recommended removing the overall DTS complex cumulative limit from the
annual specifications and management measures.
Changes to Limited Entry and Open Access Fixed Gear Limits for
Sablefish, North and South of 36 deg.00' N. lat.
Limited Entry North of 36 deg.00 N. Lat.
The limited entry, fixed gear sablefish fishery is managed with a
short, intense 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 1,500 lb (680 kg) per 2-month period
(excluding any harvest in the regular or mop-up seasons). As with the
limited entry trawl fisheries, landings have been low in this fishery
due to the severe winter weather. For this reason, the Council
recommended increasing the limited entry, fixed gear cumulative limit
to 1,800 lb (816 kg) per 2-month period, beginning on May 1, 1998, but
retaining the 300 lb (136 kg) daily limit.
Limited Entry South of 36 deg. N. Lat.
The limited entry, fixed gear fishery for sablefish south of
36 deg. N. lat. is currently managed with a daily trip limit of 350 lb
(159 kg). There is no cap on the amount of sablefish that can be landed
under the daily trip limit in the area south of 36 deg. N. lat. At the
April 1998 Council meeting, fixed gear fishers who take sablefish south
of 36 deg. N. lat. asked the Council to reinstate a management measure
from 1997, where a vessel was allowed to choose to either land up to
350 lb (159 kg) per day or to make one landing per week above 350 lb
(159 kg) but not to exceed 1,050 lb (476 kg). This choice of limits was
successful in 1997 as it did not result in increased fishing pressure
and allowed fish to be landed that otherwise would have been discarded.
The Council recognized that this measure would allow greater
flexibility for fixed gear fishers who target groundfish on fishing
trips of several days in duration, but that it would not be so liberal
as to allow fishers to exceed the 425 mt HG for this area. Therefore,
the Council recommended allowing limited entry fixed gear fishers
landing sablefish south of 36 deg. N. lat to choose each week whether
to make landings of sablefish of up to 350 lb (159 kg) per day or to
make a single landing exceeding 350 lb (159 kg), but not to exceed
1,050 lb (476 kg), beginning on May 3, 1998. For the purposes of this
measure, a week is 7 consecutive days, from 0001 hours l.t. Sunday
through 2400 hours l.t. Saturday. The projected limited entry and open
access sablefish landings in the area south of 36 deg. N. lat. will be
monitored throughout the year. This weekly landing option may be
revised or rescinded if projected landings for the area south of
36 deg. N. lat. increase to a level where it is anticipated that the HG
would be achieved before the end of the year. Because this measure
offers an option for fishers to make a single large landing within a
week that begins at 0001 hours l.t. on Sunday, this measure will not
take effect until May 3, 1998, at 0001 hours l.t.
Open Access North of 36 deg. N. Lat.
Currently, the open access, 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 600 lb (171 kg) per 2-month period (excluding
any harvest in the regular or
[[Page 24972]]
mop-up seasons). As with the limited entry, fixed gear fishery for
sablefish, landings have been low in this fishery due to the severe
winter weather. For this reason, the Council recommended increasing the
open access, fixed gear cumulative limit to 700 lb (318 kg) per 2-month
period, beginning on May 1, 1998. This change is unusual because it
does not allow another full daily trip limit to be landed within the 2-
month period, although it does reflect the Council's intent to retain
the incidental harvest character of open access sablefish landings. The
Council determined that, while the pace of open access sablefish
landings in the January-March 1998 period had been slow enough to allow
an increase in the cumulative limit level, there was not enough
sablefish in the open access allocation north of 36 deg. N. lat. to
increase the 2-month cumulative limit to 900 lb (408 kg), which would
accommodate another complete daily trip limit.
Groundfish Other Than Sablefish Taken in Open Access Fisheries
Bocaccio Taken by Hook-and-Line or Pot Gear
Landings in the open access fishery for yellowtail, canary
rockfish, bocaccio, and the Sebastes complex as a whole are constrained
by the 50-percent monthly limit, which counts toward the open access
limit for rockfish. However, there are additional restrictions specific
to hook-and-line or pot gear landing rockfish in the open access
fishery that include (1) a 10,000 lb (4,536 kg) limit of rockfish per
vessel per fishing trip, and (2) south of Cape Mendocino, a 1-month
cumulative trip limit for bocaccio of 1,000 lb (454 kg) (the 50 percent
monthly trip limit), and a per trip limit of 250 lb (113 kg) of
bocaccio. At the April 1998 Council meeting, the Council recommended to
increase the per trip limit for bocaccio to 500 lb (227 kg) on May 1,
1998, to reduce discards for those fishers whose incidental bocaccio
catch exceeds 250 lb (113 kg). The 1-month cumulative limit of 1,000 lb
(454 kg) would remain in place.
Thornyheads Landed in the Pink Shrimp Trawl Fishery Open access.
Currently, a vessel engaged in fishing for pink shrimp may land, per
trip, up to 500 lb (227 kg) of groundfish, multiplied by the number of
days of the fishing trip, and with a daily trip limit of 300 lb (136
kg) for sablefish coastwide and a daily trip limit of 50 lb (23 kg) for
thornyheads landed south of Pt. Conception. The daily trip limits for
sablefish and thornyheads may not be multiplied by the number of days
of the fishing trip. No open access landings of thornyheads currently
are allowed north of Pt. Conception. At the April 1998 Council meeting,
the Oregon Department of Fish and Wildlife (ODFW) noted that the
prohibition on landing thornyheads north of Pt. Conception is leading
to thornyhead discards in the pink shrimp trawl fishery. ODFW further
noted that, under a 100 lb (45 kg) trip limit, only 2 mt of shortspine
thornyheads would be landed, accounting for 94 percent of the
shortspine thornyheads that currently are caught and discarded due to
the prohibitions against landing thornyheads in the pink shrimp
fishery. Therefore, the open access shortspine thornyhead allocation of
3 mt would not be exceeded if vessels fishing for pink shrimp were
allowed to land thornyheads under a limit of 100 lb (45 kg) per trip.
Therefore, the Council recommended setting a limit of 100 lb (45 kg)
per trip for vessels engaged in fishing for pink shrimp, which would be
counted against the overall groundfish trip limit, beginning on May 1,
1998. The 100 lb (45 kg) per trip limit for thornyheads would not be
multiplied by the number of days in the fishing trip.
In rule document 97-34234, on page 440, in the issue of January 6,
1998 (63 FR 419), make the following correction:
1. In the first column, in paragraph (A), in the tenth line,
``(V.A.(1)(c)(i)do not apply'') should read ``(IV.A.(1)(c)(i) do not
apply'').
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 amended). The trip
limit changes for the limited entry fishery may also affect the open
access fishery, including exempt trawl gear used to harvest pink shrimp
and prawns, California halibut, and sea cucumbers. As stated in
paragraph III. of the annual management measures: ``[A] vessel
operating in the open access fishery, besides being constrained by
specific open access limits, must not exceed in any calendar month 50
percent of any 2-month cumulative trip limit for the same area in the
limited entry fishery, called the ``50-percent monthly limit.'' The
annual management measures are modified as follows:
1. In section IV, under B. Limited Entry Fishery, paragraphs B.(i);
(2)(b) and (2)(c); (4)(c)(i) and (ii); (4)(d)(ii)(A) and (4)(d)(ii)B
are revised to read as follows:
B. Limited Entry Fishery
(1) Widow Rockfish (commonly called brownies). The cumulative trip
limit for widow rockfish is 30,000 lb (13,608 kg) per vessel per 2-
month period. The 60-percent monthly limit, which is the maximum amount
of widow rockfish that may be taken and retained, possessed, or landed
in either month in a 2-month period, is 18,000 lb (8,165 kg).
* * * * *
(2) * * *
(b) Cumulative trip limits. The cumulative trip limit for the
Sebastes complex is 40,000 lb (18,144 kg) north of Cape Mendocino or
150,000 lb (68,039 kg) south of Cape Mendocino, per vessel per 2-month
period. Within the cumulative trip limit for the Sebastes complex, no
more than 13,000 lb (5,897 kg) may be yellowtail rockfish taken and
retained north of Cape Mendocino, no more than 2,000 lb (907 kg) may be
bocaccio taken and retained south of Cape Mendocino, and no more than
15,000 lb (6,804 kg) may be canary rockfish.
(c) The 60-percent monthly limits, which are the maximum amounts
that may be taken and retained, possessed, or landed in either month in
a 2-month period, are: For the Sebastes complex, 24,000 lb (10,866 kg)
north of Cape Mendocino, and 90,000 lb (40,823 kg) south of Cape
Mendocino; for yellowtail rockfish, 7,800 lb (3,538 kg) north of Cape
Mendocino; for bocaccio, 1,200 lb (5,443 kg) south of Cape Mendocino;
and for canary rockfish coastwide, 9,000 lb (4,082 kg).
* * * * *
(4) * * *
(c) * * *
(i) The 2-month cumulative trip limits for species in the Dover
sole, thornyheads, and trawl-caught sablefish complex are: for Dover
sole, 22,000 lb (9,979 kg); for longspine thornyheads, 12,000 lb (5,443
kg); for shortspine thornyheads, 5,000 lb (2,268 kg); for trawl-caught
sablefish, 6,000 lb (2,722 kg).
(ii) The 60-percent monthly limits, which are the maximum amounts
that may be taken and retained, possessed or landed in either month in
a 2-month period, are: for trawl-caught sablefish, 3,600 lb (1,633 kg);
for Dover sole, 13,200 lb (5,987 kg); for longspine thornyheads, 7,200
lb (3,266 kg); and for shortspine thornyheads, 3,000 lb (1,361 kg).
* * * * *
(d) * * *
(ii) * * *
(A) The daily trip limit for sablefish taken and retained with
nontrawl gear
[[Page 24973]]
north of 36 deg. N. lat. is 300 lb (136 kg), which counts toward a
cumulative trip limit of 1,800 lb (816 kg) per 2 month period.
(Landings from the regular or mop-up seasons do not count toward this
cumulative limit, and the 60-percent monthly limits described at
paragraph IV.A.(1)(c)(i) do not apply.)
(B) The daily trip limit for sablefish taken and retained with
nontrawl gear south of 36 deg. N. lat. is (1) 350 lb (159 kg) with no
cumulative limit on the amount of sablefish that may be retained in a
month; or (2) one landing of sablefish per week above 350 lb (159 kg)
but not to exceed 1,050 lb (476 kg). A week is 7 consecutive days, from
0001 hours l.t. Sunday through 2400 hours l.t. Saturday.
* * * * *
2. In section IV, under C. Trip limits in the Open Access Fishery,
the following paragraphs: C.(1)(a)(i),(ii), and (iv)(A); the first two
sentences of (1)(b)(i); paragraphs (2)(a)(i) and (2)(b); and paragraphs
(4) and (5) introductory text and (5) (a) are revised to read as
follows.
C. Trip Limits in the Open Access Fishery
* * * * *
(1) * * *
(a) * * *
(i) Thornyheads. Thornyheads (shortspine and longspine) may not be
taken and retained, possessed, or landed north of Pt. Conception, the
daily trip limit for thornyheads is 100 lb (45 kg) for vessels engaged
in fishing for pink shrimp. South of Pt. Conception, the daily trip
limit for thornyheads is 50 lb (23 kg). (The 50-percent monthly limit
is not relevant for thornyheads taken in the open access fishery
because it is much larger than the amount that could be taken under
daily trip limits.)
(ii) Widow rockfish. The 50-percent monthly limit for widow
rockfish is 15,000 lb (6,804 kg).
* * * * *
(iv) * * *
(A) Yellowtail rockfish. The 50-percent monthly limit for
yellowtail rockfish is 6,500 lb (2,948 kg).
* * * * *
(b)* * *
(i) Hook-and-line or pot gear: 10,000 lb (4,536 kg) of rockfish per
vessel per fishing trip, of which no more than 500 lb (227 kg) may be
bocaccio taken and retained south of Cape Mendocino. As stated in
paragraph IV.C (1) (iv)(B) above, no more than 1,000 lb (454 kg)
cumulative per month may be bocaccio taken and retained south of Cape
Mendocino. * * *
* * * * *
(2) * * *
(a) * * *
(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 700 lb (318 kg) per 2-month period. The 2-
month cumulative trip limit may be taken at any time during the 2-month
period; there is no 60-percent monthly limit for the open access
fishery.
* * * * *
(b) Exempted trawl gear. The 50-percent monthly limit of 3,000 lb
(1,361 applies to sablefish taken and retained with exempted trawl
gear.
* * * * *
(4) Dover sole. The 50-percent monthly trip limit for Dover sole is
11,000 lb (4,990 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 Pt.
Conception, 50 lb (23 kg). The limits in paragraphs IV.C(1)(a), (2)(b),
(3), and (4) also apply.
(a) Pink shrimp. The trip limit for a vessel engaged in fishing for
pink shrimp is 500 lb (227 kg) of groundfish. multiplied by the number
of days of the fishing trip. The daily trip limits for sablefish and
thornyheads may not be multiplied by the number of days of the fishing
trip. North of 36 deg. N. lat., a trip limit of 100 lb (45 kg) of
thornyheads also applies, which may not be multiplied by the number of
days of the fishing trip, and is counted toward the groundfish trip
limit.
* * * * *
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
May through June 2-month cumulative limit period and because the public
had an opportunity to comment on the action at the April 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.
Dated: April 30, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries.
[FR Doc. 98-11964 Filed 5-1-98; 3:28 pm]
BILLING CODE 3510-22-F
