[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Rules and Regulations]
[Pages 42286-42287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19932]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 981231333-8333-01; I.D. 072699C]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Trip Limit Adjustments
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 trip limits in the Pacific Coast
groundfish limited entry fisheries for Sebastes complex species north
of Cape Mendocino, and for yellowtail rockfish and for rockfish other
than yellowtail and canary rockfish within the Sebastes complex, north
of Cape Mendocino. These actions, which are authorized by the Pacific
Coast groundfish fishery management plan (FMP), are intended to help
the fisheries achieve optimum yields (OYs).
DATES: Effective 0001 hours local time (l.t.) August 1, 1999. For
vessels operating in the B platoon, effective 0001 hours l.t. August
16, 1999. These changes remain in effect, unless modified, superseded
or rescinded, until the effective date of the 2000 annual
specifications and management measures for the Pacific Coast groundfish
fishery, which will be published in the Federal Register. Comments on
this rule will be accepted through August 19, 1999.
ADDRESSES: Submit comments to William Stelle, Jr., Administrator,
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way
N.E., BIN C15700, Bldg. 1, Seattle, WA 98115-0070; or Rodney McInnis,
Acting 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.
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 June 22 through 25, 1999, meeting in Portland, OR.
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 may be made as necessary.
Currently the limited entry cumulative landings limit for Sebastes
complex species taken north of Cape Mendocino is 30,000 lb (13,608 kg)
per 2-month period. Within that limit and also north of Cape Mendocino,
the cumulative landings limit for yellowtail rockfish is 16,000 lb
(7,257 kg) per 2-month period.
The best available information at the June Council meeting
indicated that 1,107 mt of Sebastes complex species had been landed
north of Cape Mendocino through May 31, 1999, which is 69 percent of
the 1,613 mt expected Sebastes complex landings for the January 1
through May 31 period. Within those Sebastes complex landings, 630 mt
of yellowtail rockfish had been landed north of Cape Mendocino through
May 31, 1999, which is 76 percent of the 832 mt expected yellowtail
rockfish landings for the January 1 through May 31 period. These
relatively low landings rates may be due to several factors, including
poor winter weather and unusual La Nina ocean conditions. If the
fishery were to continue under current landings limits, the fleet would
not harvest its allocations for these species by the end of the year
and, therefore the fishery would not achieve OY. For this reason, the
Council recommended that the 2-month cumulative trip limit for Sebastes
complex species taken north of Cape Mendocino be increased to 35,000 lb
(15,876 kg) for the period of August 1 through September 30. Within
that limit, the Council recommended that the 2-month cumulative trip
limit for yellowtail rockfish taken north of Cape Mendocino be
increased to 20,000 lb (9,072 kg) for the period of August 1 through
September 30. The Council further recommended adding a
[[Page 42287]]
cumulative trip limit for rockfish, other than yellowtail rockfish and
canary rockfish, taken under the Sebastes complex landings limit and
north of Cape Mendocino. Within the Sebastes complex limit, the Council
recommended an ``other rockfish'' 2-month cumulative trip limit of
10,000 lb (4,536 kg) for the period of August 1 through September 30.
The purpose of this ``other rockfish'' limit is to discourage effort
shifts to other rockfish species with much smaller harvest guidelines.
Beginning October 1, the 2-month cumulative trip limits for all
limited entry landings will convert to 1-month limits, as previously
announced in the Federal Register, including limits for the Sebastes
complex, yellowtail rockfish and canary rockfish north of Cape
Mendocino. Additionally, the ``other rockfish'' 2-month cumulative trip
limit will convert to a monthly cumulative trip limit of 4,000 lb
(1,814 kg) north of Cape Mendocino.
NMFS Action
For the reasons stated previously, NMFS concurs with the Council's
recommendations and announces the following changes to the 1999 annual
management measures (64 FR 1316, January 8, 1999; 64 FR 16862, April 7,
1999, and 64 FR 24062, May 5, 1999) as amended. The annual management
measures are amended as follows:
1. In section IV, under B. Limited Entry Fishery, table 3 under
paragraph B, (2)(b)(i) is revised to read as follows:
B. Limited Entry Fishery
* * * * *
(2) * * *
(b) * * *
(i) * * *
Table 3.--Sebastes Complex and Its Component Species
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Cumulative trip limits (in pounds)
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Sebastes complex (north Rockfish Canary rockfish \1\ (north
and south of Cape other than and south of Cape Length of
Cumulative trip limit Mendocino) Yellowtail yellowtail Mendocino) Bocaccio \1\ cumulative
Phase periods ---------------------------- rockfish \1\ and canary ---------------------------- (south of trip limit
(north of \1\ (north Cape period
Cape of Cape Mendocino) (months)
North South Mendocino) Mendocino) North South
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I Jan. 1-Mar. 31.......... 24,000 13,000 15,000 9,000 9,000 750 per 3
month
(10,886 kg) (5,897 kg) (6,804 kg) (4,082 kg) (4,082 kg) (340 kg)
II Apr. 1-May 31........... 25,000 6,500 13,000 9,000 6,500 750 per 2
month
(11,340 kg) (2,948 kg) (5,897 kg) (4,082 kg) (2,948 kg) (340 kg)
June 1-July 31.......... 30,000 3,500 16,000 14,000 3,500 \2\ 1,000 2
(13,608 kg) (1,588 kg) (7,257 kg) (6,350 kg) (1,588 kg) (454 kg)
Aug. 1-Sept. 30......... 35,000 3,500 20,000 10,000 14,000 3,500 \2\ 1,000 2
(15,876 kg) (1,588 kg) (9,072 kg) (4,536 kg) (6,350 kg) (1,588 kg) (454 kg)
III Oct. 1-31............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1
Nov. 1-30............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1
Dec. 1-31............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1
(4,536 kg) (2,268 kg) (2,268 kg) (1,814 kg) (1,361 kg) (1,361 kg) (227 kg)
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\1\ Also counts toward the overall Sebastes complex limit.
\2\ No more than 500 lb (227 kg) of bocaccio may be landed per trip, which counts towards the cumulative trip limits for bocaccio and the Sebastes
complex south of Cape Mendocino.
* * * * *
Classification
These actions are authorized by the regulations implementing the
FMP, and are based on the most recent data available. The aggregate
data upon which these actions are based are available for public
inspection at the office of the Administrator, Northwest Region, NMFS
(see ADDRESSES) during business hours.
NMFS finds good cause to waive the requirement to provide prior
notice and an opportunity for public comment on this action pursuant to
5 U.S.C. 553(b)(B) because providing prior notice and opportunity for
comment would be impractical. It would be impractical because the
cumulative trip limit period begins on August 1, 1999, and affording
additional notice and opportunity for public comment would impede the
due and timely execution of the agency's function of managing fisheries
to achieve OY.
NMFS also finds good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(3), because such a delay
would be contrary to the public interest. This action should be
implemented at the beginning of the cumulative trip limit period to
avoid confusion and to maximize the potential that fishers will harvest
the allocation. For these reasons, good cause exists to waive the 30-
day delay in effectiveness.
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: July 29, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-19932 Filed 7-29-99; 4:02 pm]
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