[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8940]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[ID. 033194A]

 

Pacific Coast Groundfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; incorporation of Newport Beach dory fleet into limited-
entry fishery.

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SUMMARY: NMFS announces that the Director, Northwest Region, NMFS 
(Regional Director) has incorporated the Newport Beach dory fleet into 
the limited-entry fishery of the Pacific Coast Groundfish Fishery. This 
action is authorized under the Pacific Coast Groundfish Fishery 
Management Plan (FMP) and is consistent with the objectives of 
Amendment 6 to the FMP.

EFFECTIVE DATE: Effective from 0001 hours (local time) March 30, 1994, 
until modified, superseded, or rescinded.

ADDRESSES: Submit comments to J. Gary Smith, Acting Director, Northwest 
Region, NMFS, 7600 Sand Point Way NE, BIN-C15700, Seattle, WA 98115-
0070; or Anneka W. Bane, Acting Director, Southwest Region, NMFS, 501 
W. Ocean Blvd., suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140; 
or Rodney McInnis at 310-980-4040.

SUPPLEMENTARY INFORMATION: Amendment 6 to the FMP was prepared by the 
Pacific Fishery Management Council (Council) and approved and 
implemented by NMFS on November 16, 1992 (57 FR 54001), through 
regulations codified at 50 CFR part 663, subpart C. Amendment 6, also 
called the ``Limited-Entry Plan'', is intended to control the 
harvesting capacity of the groundfish fishing fleet by:
    (1) Limiting the overall number of vessels,
    (2) Limiting the number of vessels using each of the three major 
gear types, and
    (3) Limiting increases in vessel harvest capacity by limiting 
vessel length.
    Section 663.34(a)(3) of the implementing regulations provides that 
small limited-entry fisheries that are controlled by a local 
government, are in existence as of July 11, 1991, and have negligible 
impacts on the groundfish resource, may be certified as consistent with 
the objectives of Amendment 6 and incorporated into the limited-entry 
fishery. If a fleet is certified and incorporated into the limited-
entry fishery, vessels in the fleet at the time of incorporation will 
be issued limited-entry permits with ``A'' endorsements for the 
appropriate gear. A permit issued to a vessel in a certified fleet is 
only valid when the vessel is operating under and in conformance with 
the certified program. Such a permit and endorsement may be transferred 
to another vessel that will operate in the same certified fleet, 
provided the total number of vessels in the fleet does not increase. If 
more vessels are added to a fleet in a certified limited-entry program, 
these additional vessels will not receive ``A'' endorsements unless the 
program is recertified for the greater number of vessels, and the 
larger fleet incorporated into the limited-entry fishery.
    Upon application by a representative of a small limited-entry 
fleet, the Regional Director, after receiving a recommendation from the 
Council, may incorporate the fleet into the limited-entry fishery, if 
the Regional Director:
    (1) Determines that the fleet has a negligible impact on the 
groundfish resource, and
    (2) Certifies the activities of the fleet as consistent with the 
objectives of Amendment 6.
    On May 27, 1993, a representative of the Newport Beach dory fishing 
fleet of southern California requested that the Regional Director 
incorporate the small, local dory fleet of 15 vessels into the limited-
entry fishery. The Newport Beach dory fishermen's fleet was founded in 
1891 and is recognized as a historical landmark by the Newport Beach 
Historical Society. The City of Newport Beach, CA, has reserved an area 
west of the Newport Pier exclusively for the dory fleet operations. 
Dory fishermen provide fresh fish each day to a market run by the dory 
fleet. The City of Newport Beach adopted policy guidelines on November 
23, 1987, that serve to limit the size of the fleet and the size of the 
vessels that belong to the fleet. The size of the fleet is limited by 
the city by restricting the number of storage sheds permitted on the 
beach to 19, and by limiting the number of vessels to one per shed. 
Currently 15 sheds are utilized by longline groundfish fishermen; 2 
sheds by net, crab, and lobster fishermen; and 2 sheds are used as 
offices. Any new entrant to the fleet must buy out one of the current 
shed owners in order to join the fleet. Vessel size is limited to about 
20 ft (6.1 m) in length or less by the requirement that the vessels be 
launched and landed from the beach.
    Based on its recognition by the Newport Beach Historical Society 
and the policy guidelines adopted November 23, 1987, by the City of 
Newport Beach, the Regional Director has determined that the Newport 
Beach dory fleet is ``controlled by a local government,'' and was ``in 
existence as of July 11, 1991.'' The Regional Director also concluded 
that the fleet has unique cultural and social importance and is 
dependent on the Pacific groundfish fishery.
    On June 18, 1993, NMFS submitted the request for incorporation of 
the dory fleet to the Council for its review and recommendation. At its 
September, 1993, meeting, the Council tentatively approved 
incorporation of the Newport Beach dory fleet under the groundfish 
license limited-entry program, pending the provision of information to 
NMFS from the City of Newport Beach that confirms an effective local 
limited-entry program is in place and the provision of other 
information necessary to complete the fleet's application (e.g., 
identification numbers for vessels included in the fleet). NMFS has 
received the information requested by the Council and is satisfied that 
the City of Newport Beach adequately controls both the number and size 
of the vessels that participate in the fishery.
    Examination of California landing records for 1990 indicated that 
the Newport Beach dory fleet landed about 152,000 pounds (68.9 mt) of 
sablefish. Given that the total West Coast nontrawl sablefish landings 
were in excess of 3,600 mt (nearly 8 million pounds), the Regional 
Director has determined that the Newport Beach dory fleet harvest, 
which represents less than 2 percent of the total nontrawl harvest, has 
a negligible impact on the groundfish resource. Based on the factors 
described above, the Regional Director certifies that the operation of 
the Newport Beach dory fleet is consistent with the objectives of 
Amendment 6 and has incorporated the dory fleet into the limited-entry 
fishery. NMFS will issue limited-entry permits to the current members 
of the Newport Beach dory fleet. Such permits can only be used by 
vessels operating in the dory fleet.

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 (see ADDRESSES) during business hours.
    This action is taken under the authority of 50 CFR 663.34(a)(3).

List of Subjects

    Administrative practice and procedure, Fisheries, Fishing, and 
Recordkeeping and reporting requirements.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 8, 1994.

David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-8940 Filed 4-13-94; 8:45 am]
BILLING CODE 3510-22-P