[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until modified, superseded, or rescinded.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