[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45966-45968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23180]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 971229312-7312-01; I.D. 081498B]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Cumulative Limit Period Changes
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 a change from 2-month cumulative trip limits to
1-month cumulative trip limits for all groundfish species caught in the
limited entry fisheries, except for sablefish caught with fixed gear,
beginning September 1, 1998. This change, which is authorized by the
Pacific Coast Groundfish Fishery Management Plan (FMP), is intended to
allow more flexible inseason management during the final months of the
year.
DATES: Effective 0001 hours local time (l.t.) September 1, 1998; except
effective 0001 hours l.t. September 16, 1998 for vessels operating in
the ``B'' platoon. These changes remain in effect, unless modified,
superseded, or rescinded, until the effective date of the 1999 annual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 September 14, 1998.
ADDRESSES: Submit comments to William Stelle, Jr., Administrator,
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way
NE., 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; or Svein Fougner, Southwest
Region, NMFS, 562-980-4000.
SUPPLEMENTARY INFORMATION: The following change to current management
measures was recommended by the Pacific Fishery Management Council
(Council) at its June 23-26, 1998, meeting in Seattle, WA, in
consultation with the States of Washington, Oregon, and California.
[[Page 45967]]
The Council meetings in September and November 1998 occur just
after the beginning of 2-month cumulative trip limit periods, making it
impossible to implement inseason changes at the beginning of those
periods. To resolve this problem, the Council recommended resuming 1-
month cumulative trip limits on September 1, which means that the 60-
percent cumulative monthly limits within the current 2-month cumulative
limits will become obsolete. By changing from 2-month cumulative
periods to 1-month periods, the Council will have more flexibility at
its September and November Council meetings to alter trip limits for
managed species to ensure that the fishery is harvesting throughout the
year without exceeding the harvest guidelines of those species.
NMFS has discovered that the recreational bag limit for bocaccio
caught off California was inadvertently omitted in the management
measures. The recreational management measures are revised to reflect
that the actual bag limit is 15 rockfish per day, of which no more than
3 may be bocaccio.
NMFS Action
For the reasons stated here, 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 at 63 FR
24970, May 6, 1998, and 63 FR 36612, July 7, 1998).
1. In Section IV., paragraph B. Limited Entry Fishery, is amended
by removing paragraphs (2)(d) and (4)(c)(iii) and revising paragraphs
(1), (2)(b), (2)(c), (3), (4)(c)(i), (4)(c)(ii), and (6)(a) to read as
follows:
* * * * *
B. Limited Entry Fishery
(1) Widow Rockfish (commonly called brownies). The cumulative trip
limit for widow rockfish is 15,000 lb (6,804 kg) per vessel per month.
(2) * * *
* * * * *
(b) Cumulative trip limits. The coastwide cumulative trip limit for
the Sebastes complex is 20,000 lb (9,072 kg) per vessel per month.
Within the cumulative trip limit for the Sebastes complex, no more than
6,500 lb (2,948 kg) may be yellowtail rockfish taken and retained north
of Cape Mendocino; no more than 1,000 lb (454 kg) may be bocaccio taken
and retained south of Cape Mendocino; and no more than 7,500 lb (3,402
kg) may be canary rockfish.
(c) For operating in areas with different trip limits for the same
species, see paragraph IV.A.(12) above.
(3) POP. The cumulative trip limit for POP is 4,000 lb (1,814 kg)
per vessel per month.
(4) * * *
* * * * *
(c) * * *
(i) The monthly cumulative trip limits for species in the Dover
sole, thornyheads, and trawl-caught sablefish complex are: for Dover
sole, 11,000 lb (4,990 kg); for longspine thornyheads, 6,000 lb (2,722
kg); for shortspine thornyheads, 2,500 lb (1,134 kg); for trawl-caught
sablefish, 3,000 lb (1,361 kg).
(ii) In any trip, no more than 500 lb (227 kg) may be trawl-caught
sablefish smaller than 22 inches (56 cm) total length. (See paragraph
IV.A.(6) regarding length measurement.)
* * * * *
(6) Lingcod.
(a) Trip limits. The cumulative trip limit for lingcod is 500 lb
(227 kg) per vessel per month. No lingcod may be smaller than 24 inches
(61 cm) total length, except for a 100-lb (45-kg) trip limit for trawl-
caught lingcod smaller than 24 inches (61 cm). Length measurement is
explained at paragraph IV.A.(6).
* * * * *
2. In Section IV., paragraph C. Trip Limits in the Open Access
Fishery is amended by revising the first 5 sentences of the
introductory text of paragraph C., revising paragraphs (1)(d),
(1)(e)(i), (1)(e)(ii)(A), removing paragraph (3)(a), redesignating
paragraph (3)(b) as paragraph (3), revising newly designated paragraph
(3), and revising paragraph (4) to read as follows:
* * * * *
C. Trip Limits in the Open Access Fishery
Open access gear is used to take and retain groundfish from a
vessel that does not have a valid limited entry permit for the Pacific
coast groundfish fishery with an endorsement for the gear used to
harvest the groundfish. This includes longline, trap, pot, hook-and-
line (fixed or mobile), set net (south 38 deg. N. lat. only), and
exempted trawl gear (trawls used to target non-groundfish species: pink
shrimp or prawns, and, south of Pt. Arena, CA (38 deg.57'30'' N. lat.),
California halibut or sea cucumbers). Unless otherwise specified, a
vessel operating in the open access fishery is subject to, and must not
exceed any trip limit, frequency limit, and/or size limit for the open
access fishery or for the limited entry fishery for the same area. Fish
harvested under the limited entry limits also count toward the open
access limits for rockfish or groundfish as applicable. For purposes of
this paragraph, exempted trawl gear (trawl gear that is used to harvest
shrimp, prawns, California halibut or sea cucumbers as provided in this
paragraph C.) may not exceed any limit for the limited entry trawl
fishery, unless otherwise specified. * * *
(1) * * *
* * * * *
(d) POP. The monthly cumulative limit for POP is 4,000 lb (1,814
kg). (e) * * *
(i) Yellowtail rockfish. The monthly cumulative limit for
yellowtail rockfish is 6,500 lb (2,948 kg) north of Cape Mendocino.
(ii) Bocaccio.
(A) All open access gear except setnets or trammel nets. For all
open access gear except setnets or trammel nets, the
monthly limit for bocaccio is 1,000 lb (454 kg) south of Cape
Mendocino, of which no more than 500 lb (227 kg) per trip may be taken
and retained with hook-and-line or pot gear.
* * * * *
(3) Lingcod. Lingcod may not be taken and retained, possessed, or
landed by any open access gear, including exempted trawl gear,
coastwide.
(4) Dover sole. The monthly trip limit for Dover sole is 11,000 lb
(4,990 kg), and applies to all open access gear.
* * * * *
3. In Section IV., paragraph D. Recreational Fishery, is amended by
revising paragraph (1) to read as follows:
* * * * *
D. Recreational Fishery
(1) California. The bag limits for each person engaged in
recreational fishing seaward of the State of California are: 3 lingcod
per day, which may be no smaller than 24 inches (61 cm) total length;
and 15 rockfish per day, of which no more than 3 may be bocaccio.
Multi-day limits are authorized by a valid permit issued by the State
of California and must not exceed the daily limit multiplied by the
number of days in the fishing trip.
* * * * *
Classification
These actions are authorized by the regulations implementing the
FMP. The determination to take these actions is based on the most
recent data available. Because of the need for immediate action to
implement these changes by September 1, 1998, and because the public
had an opportunity to comment on the action at the June 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-
[[Page 45968]]
day delayed effectiveness period. These actions are taken under the
authority of 50 CFR 660.323(b)(1) and are exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 24, 1998.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 98-23180 Filed 8-27-98; 8:45 am]
BILLING CODE 3510-22-F
