95-16312. Pacific Coast Groundfish Fishery; Modification of Nontrawl Sablefish Season  

  • [Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
    [Rules and Regulations]
    [Pages 34472-34473]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-16312]
    
    
    
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    DEPARTMENT OF COMMERCE
    50 CFR Part 663
    
    [Docket No. 950209046-5167-03; I.D. 011295D]
    RIN 0648-AG82
    
    
    Pacific Coast Groundfish Fishery; Modification of Nontrawl 
    Sablefish Season
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule.
    
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    SUMMARY: NMFS announces regulations to establish a new season structure 
    for the nontrawl sablefish component of the Pacific Coast Groundfish 
    limited entry fishery off Washington, Oregon, and California. The new 
    regular season for this fishery will begin each year at 12 noon August 
    6. In addition, both the limited entry and open-access groundfish 
    fisheries are required to remove all fixed gear from the water 72 hours 
    prior to the start of the regular season. This rule is intended to 
    promote the goals and objectives of the Pacific Coast Groundfish 
    Fishery Management Plan (FMP) by providing an equitable opportunity for 
    different types of nontrawl gear to harvest the limited entry nontrawl 
    allocation for sablefish, to enhance vessel safety by avoiding a winter 
    opening, to keep the fishery within the annual management target, and 
    to minimize gear conflicts.
    
    EFFECTIVE DATE: August 2, 1995.
    
    FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140; 
    or Rodney McInnis at 310-980-4040.
    
    SUPPLEMENTARY INFORMATION:
        NMFS issues this final rule under the authority of the FMP and the 
    Magnuson Fishery Conservation and Management Act (Magnuson Act). NMFS 
    published a proposed rule at 60 FR 11062 (March 1, 1995), requesting 
    comments through April 17, 1995, based on a recommendation of the 
    Pacific Fishery Management Council (Council) at its October 1994 
    meeting. No written comments were received. NMFS concurs with the 
    Council's recommendations, and therefore, this final rule is 
    substantively the same as proposed, with several clarifications 
    explained below. The proposed rule and Environmental Assessment and 
    Regulatory Impact Review (EA/RIR) prepared for this action contain 
    background and rationale.
    
    Clarifications
    
        The proposed rule stated that all nontrawl gear must be out of the 
    water 72 hours before the regular season and sablefish may not be 
    landed during that time. However, a review of the Council's motion 
    revealed that this requirement was intended to apply only to fixed gear 
    (longline, trap or pot, set net and stationary hook-and-line gear, 
    including commercial vertical hook-and-line gear), not all nontrawl 
    gear. Nontrawl gear includes fixed as well as mobile gear. Most at-sea 
    enforcement of the closure will be conducted by over-flights. Because 
    it is difficult to distinguish between the various types of access or 
    limited entry fixed gear, the requirement for gear to be out of the 
    water applies to both open access and limited entry operations. Mobile 
    nontrawl gear catches only small amounts of sablefish, and, since it is 
    not marked with buoys, its use does not complicate aerial enforcement. 
    Therefore, it is unnecessary to require mobile nontrawl gear to be out 
    of the water. In the pink shrimp and spot and ridgeback prawn 
    fisheries, pot (trap) vessels may set their gear as long as groundfish 
    are not retained or landed during the 72-hour period.
        To facilitate enforcement, NMFS intends to use 12 noon as the 
    starting and ending times of the regular and mop-up fisheries, whenever 
    practicable. Regarding the length of the mop-up season and amount of 
    the cumulative trip limit, the requirement for the NMFS Regional 
    Director to consult with the Council's ``Groundfish Management Team'' 
    has been revised to its ``designees'' to provide flexibility.
        The Council confirmed its intent and it is NMFS policy that, as in 
    other groundfish fisheries, a vessel must initiate offloading its catch 
    before the effective time of any closure or reduced trip limit. This 
    ensures that fishers have enough time to come to shore and start 
    offloading their catch, which is well documented because each landing 
    of 
    
    [[Page 34473]]
    groundfish requires a State ``fish ticket'' or similar documentation.
    
    Classification
    
        The Assistant Administrator for Fisheries, NOAA (AA), has 
    determined that this final rule is necessary for management of the 
    Pacific Coast groundfish fishery and that it is consistent with the 
    Magnuson Act and other applicable law.
        The Council prepared an EA for this rule (contained in the EA/RIR) 
    and the AA concluded that there would be no significant impact on the 
    environment.
        This rule has been determined to be not significant for purposes of 
    E.O. 12866.
    
    List of Subjects in 50 CFR Part 663
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
        Dated: June 28, 1995.
    
    Gary Matlock,
    Program Management Officer, National Marine Fisheries Service.
        For the reasons set out in the preamble, 50 CFR part 663 is amended 
    as follows:
    
    PART 663--PACIFIC COAST GROUNDFISH FISHERY
    
        1. The authority citation for part 663 continues to read as 
    follows:
        Authority: 16 U.S.C. 1801 et seq.
        2. Effective August 2, 1995, Sec. 663.23, paragraph (b)(2) is 
    revised to read as follows. This amendment supersedes the document 
    published at 60 FR 10040, February 23, 1995.
    
    
    Sec. 663.23  Catch restrictions.
    
    * * * * *
        (b) * * *
        (2) Nontrawl sablefish. This paragraph (b)(2) applies to the 
    limited entry fishery, except for paragraphs (b)(2)(i) and (v), which 
    also apply to the open-access fishery. All times are local times.
        (i) Pre-season closure--Open-access and limited entry fisheries. 
    (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 3 
    through 12 noon August 6.
        (B) All fixed gear used to take and retain groundfish must be out 
    of EEZ waters from 12 noon August 3 through 12 noon August 6, except 
    that pot gear used to take and retain groundfish may be deployed and 
    baited in the EEZ after 12 noon on August 5.
        (ii) Regular season--Limited entry fishery. The regular season for 
    the limited entry nontrawl sablefish fishery begins at 1201 hours on 
    August 6. 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.
        (iii) Mop-up season--Limited entry fishery. A mop-up season to take 
    the remainder of the limited entry nontrawl allocation will begin about 
    3 weeks after the end of the regular season, or as soon as practicable 
    thereafter. During the mop-up fishery, a cumulative trip limit will be 
    imposed. The length of the mop-up season and amount of the cumulative 
    trip limit, including the time period to which it applies, will be 
    determined by the Regional Director in consultation with the Council or 
    its designees, and will be based primarily on the amount of fish 
    remaining in the allocation and the number of participants anticipated. 
    The Regional Director may determine that too little of the nontrawl 
    allocation remains to conduct an orderly or manageable fishery, in 
    which case there will not be a mop-up 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.
        (v) Trip and/or frequency limits may be imposed in the limited 
    entry fishery before and after the regular season, and after the mop-up 
    season, under paragraph (c) of this section. Trip and/or size limits to 
    protect juvenile sablefish in the limited entry or open-access 
    fisheries also may be imposed at any time under paragraph (c) of this 
    section. Trip limits may be imposed in the open-access fishery at any 
    time under paragraph (c) of this section.
    [FR Doc. 95-16312 Filed 6-30-95; 8:45 am]
    BILLING CODE 3510-22-F
    
    

Document Information

Effective Date:
8/2/1995
Published:
07/03/1995
Department:
Commerce Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-16312
Dates:
August 2, 1995.
Pages:
34472-34473 (2 pages)
Docket Numbers:
Docket No. 950209046-5167-03, I.D. 011295D
RINs:
0648-AG82
PDF File:
95-16312.pdf
CFR: (1)
50 CFR 663.23