[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Rules and Regulations]
[Pages 37022-37023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17754]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 941265-4365; I.D. 071195B]
Pacific Coast Groundfish Fishery; Miscellaneous Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment of trip limits; end of nontrawl sablefish
regular season.
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SUMMARY: NMFS announces inseason adjustments to the trip limits for
widow rockfish and trawl-caught sablefish, and announces the ending
date of the regular season for the nontrawl sablefish limited entry
fishery. These actions are intended to enable the 1995 harvest
guidelines for widow rockfish and trawl-caught sablefish to be achieved
and to provide advance notice of the duration of the nontrawl sablefish
regular season.
DATES: The trip limits for widow rockfish and trawl-caught sablefish
are effective July 14, 1995, until the effective date of the 1996
annual specifications and management measures for the Pacific Coast
Groundfish Fishery, which will be published in the Federal Register.
The closing date of the nontrawl sablefish regular season and the
reimposition of the daily trip limits are effective at 12 noon (local
time), August 13, 1995, until the effective date of the 1996 annual
specifications and management measures for the Pacific Coast Groundfish
Fishery, which will be published in the Federal Register. Comments will
be accepted until July 31, 1995.
ADDRESSES: Comments on these actions should be sent to Mr. William
Stelle, Jr., Director, Northwest Region, National Marine Fisheries
Service, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, Seattle, WA
98115-0070; or Ms. Hilda Diaz-Soltero, Director, Southwest Region,
National Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200,
Long Beach, CA 90802-4213. Information relevant to these actions 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).
FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140; or
Rodney R. McInnis, 310-980-4040.
SUPPLEMENTARY INFORMATION: These actions are authorized by the Pacific
Coast Groundfish Fishery Management Plan, which governs the harvest of
groundfish in the U.S. exclusive economic zone off the coasts of
Washington, Oregon, and California.
Adjustment to Trip Limits
On January 9, 1995, the 1995 Annual Specifications and Management
Measures for Pacific Coast Groundfish Fishery were published in the
Federal Register (60 FR 2331-2344). At its June 1995 meeting in
Clackamas, OR, the Pacific Fishery Management Council (Council)
considered the best available scientific information, comments from its
advisory committees, and public testimony before recommending
adjustments to the management measures for the commercial groundfish
fishery. Because the Council meeting was held the last week in June,
time constraints prevented these actions from being effective July 1,
1995, the beginning date for the next cumulative monthly trip limits.
These less restrictive limits are being implemented during the month of
July; however, the cumulative trip limits in effect at the beginning of
July remain in effect until the effective date of this inseason
adjustment. A cumulative monthly trip limit is the maximum amount that
may be taken and retained, possessed, or landed per vessel in a
calendar month, without a limit on the number of landings or trips.
Widow Rockfish. The best available information through May 31,
1995, projected the total annual catch of widow rockfish to be 4,990 mt
in 1995, almost 20 percent below the 6,500-mt harvest guideline. The
current rate of landings would need to increase by almost 50 percent to
enable the harvest guideline to be reached by the end of the year.
Consequently, the Council recommended that the monthly cumulative trip
limit be increased by 50 percent as quickly as possible, from 30,000 lb
(13,608 kg) to 45,000 lb (20,412 kg). NMFS concurs with this
recommendation to allow full achievement of the harvest guideline for
widow rockfish.
Trawl-Caught Sablefish. On May 1, 1995, the cumulative monthly trip
limit for trawl-caught sablefish was increased from 6,000 lb (2,722 kg)
to 7,000 lb (3,175 kg) (60 FR 22303, May 5, 1995) and the ``per-trip''
limit of 1,000 lb (454 kg) or 33.333 percent of the thornyheads and
Dover sole remained in effect. The best available information through
May 31, 1995, projects a total annual harvest of 3,412 mt in 1995, 10
percent below the revised 3,803-mt limited entry allocation for the
sablefish trawl fishery.
Sablefish often are caught with thornyheads and Dover sole, which
are managed together as the ``DTS complex.'' Landings of shortspine
thornyheads (one of the two thornyhead species) are higher than
desired. However, a reduction in the current 3,000-lb (1361 kg)
cumulative trip limit for shortspine thornyheads would most likely
cause an increase in discards with little or no reduction in catch,
because of thornyheads' close association in the catch with sablefish
and Dover sole. The Council heard testimony that the current ``per-
trip'' limit for sablefish could be encouraging a larger harvest of
thornyheads, because fishers with more than 1,000 lb (454 kg) of
sablefish on board, but less than one-third of the weight of
thornyheads and Dover sole, would fish for additional amounts of the
last two species to be within the percentage limit.
The Council recommended removing this ``per-trip'' sablefish limit
(except for the 500-lb (227 kg) ``per-trip'' limit for sablefish
smaller than 22 inches (56 cm) total length), while retaining the
cumulative trip limits for sablefish and the DTS complex. Removing the
``per-trip'' limit will eliminate those discards that were made in
excess of that limit, and will not encourage a large increase in
sablefish landings because only small sablefish in very nearshore
waters can be caught fairly selectively, and this harvest is
constrained by the 500-lb (227-kg) trip limit on sablefish smaller than
22 inches (56 cm). NMFS concurs with the Council's recommendation,
which is intended simultaneously to achieve the limited entry trawl
allocation for sablefish, to eliminate the discard of sablefish caught
in excess of the trip limit that now is removed, and to divert fishing
effort from shortspine thornyheads.
Nontrawl Sablefish Season
The ``regular season'' for the limited entry nontrawl sablefish
fishery begins at 12 noon on August 6, 1995, and ends when 70 percent
(1,928 mt) of the 2,754-mt nontrawl allocation is projected to be
taken. (The remainder of the allocation is to be taken in a mop-up
fishery about 3 weeks later, if sufficient amounts remain.) The
regulations at 50 CFR 663.23(b)(2)(ii) (60
[[Page 37023]]
FR 34472, July 3, 1995) state that the end of the regular season may be
announced in the Federal Register either before or during the regular
season. NMFS is announcing the closure date in advance of the regular
season in 1995, because effort is expected to be so intense that there
will be inadequate time to monitor landings and make a projection
during the season. An early announcement enables fishers to plan more
carefully and to decide whether to participate.
NMFS consulted with the Council and its Groundfish Management Team
at the June, 1995, Council meeting and, based on the best available
estimates of expected catch and effort, determined that 70 percent of
the nontrawl allocation would be taken in 6-8 days. The Council
recommended the midpoint of the range, 7 days, because even if the
highest level of expected fishing effort occurred, the harvest
guideline would not be exceeded during the regular season. NMFS concurs
with the Council's recommendation, and announces that the regular
season, which starts at 12 noon on August 6, 1995, will end just 7 days
later, at 12 noon, August 13, 1995. Commencing at 12 noon, August 13,
1995, the following daily trip limits for nontrawl sablefish will
resume: 300 lb (136 kg) per day north of 36 deg. N. lat., and 350 lb
(159 kg) per day south of 36 deg. N. lat. (Daily trip limits apply to
calendar days. Therefore, on August 13, 1995, a daily trip limit may be
landed between 12 noon and midnight. At 0001 hours on August 14, 1995,
daily trip limits will apply to the full 24 hours.) As in the past, a
vessel must begin landing its catch before 12 noon August 13, or the
daily trip limit will apply.
Further information regarding the nontrawl sablefish fishery and
the closure before the start of the regular season are contained in the
proposed and final rules for that action at 60 FR 11062 (March 1, 1995)
and 60 FR 34472 (July 3, 1995), respectively.
NMFS Actions
NMFS announces the following changes to the 1995 fishery
specifications and management measures published at 60 FR 2331-2344,
January 9, 1995, as modified:
1. Widow Rockfish. Paragraph IV.B.(1) is revised to read as
follows: ``(1) Limited entry fishery. The cumulative trip limit for
widow rockfish is 45,000 lb (20,412 kg) per vessel per month. (Widow
rockfish also are called brownies.)''
2. Trawl-Caught Sablefish. Paragraph IV.E.(3)(b)(ii)(C)is revised
to read as follows: ``(C) In any trip, no more than 500 lb (227 kg) may
be trawl-caught sablefish smaller than 22 inches (56 cm) total
length.''
3. Nontrawl Sablefish. Paragraph IV.E.(3)(c) is revised to read as
follows: ``(c) Nontrawl trip and size limits. The daily trip limits in
paragraphs (i) and (ii) below, which apply to sablefish of any size,
are in effect until 12 noon, August 3, 1995, at which time all fixed
gear used to take and retain groundfish must be removed from EEZ waters
according to the regulations at 50 CFR 663.23(b)(2). These same daily
trip limits will be reimposed at 12 noon, August 13, 1995, the end of
the regular season.
(i) North of 36 deg. N. lat. The daily trip limit for sablefish
taken and retained with nontrawl gear north of 36 deg. N.lat. is 300 lb
(136 kg).
(ii) South of 36 deg. N. lat.. The daily trip limit for sablefish
taken and retained with nontrawl gear south of 36 deg. N. lat. is 350
lb (159 kg).
(iii) During the ``regular'' season, the only trip limit in effect
applies to sablefish smaller than 22 inches (56 cm) total length, which
may comprise no more than 1,500 lb (680 kg) or 3 percent of all legal
sablefish on board, whichever is greater. (See paragraph IV.A.(6)
regarding length measurement.)''
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, NMFS (see ADDRESSES) during business hours.
Because of the need for immediate action, and because the public had an
opportunity to comment on these actions at the Council meeting, NMFS
has determined that good cause exists for this notice to be published
without affording a prior opportunity for public comment or a 30-day
delayed effectiveness period. This action is taken under the authority
of 50 CFR 663.23(b)(2) and (c)(1)(i)(A)and (E), and is exempt from
review under E.O. 12866.
Dated: July 14, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 95-17754 Filed 7-14-95; 4:25 pm]
BILLING CODE 3510-22-F
