[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10900]


[[Page Unknown]]

[Federal Register: May 6, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 931249-3349; ID.# 042694D]

 

Pacific Coast Groundfish Fishery

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

ACTION: Adjustment to trip limits; clarifications; request for 
comments.

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SUMMARY: NMFS announces a change in the trip limit for rockfish taken 
with set nets in the open access fishery for groundfish in the U.S. 
exclusive economic zone off the coast of California as authorized by 
the Pacific Coast Groundfish Fishery Management Plan (FMP). This action 
is intended to keep landings as close as possible to the open access 
allocation without causing excessive discards. Clarifications to the 
management measures for 1994 also are announced. The clarifications do 
not result in changes to Federal management of the fishery.

DATES: Effective May 3, 1994 through December 31, 1994. Comments will 
be accepted by June 6, 1994.

ADDRESSES: Comments should be sent to Mr. J. Gary Smith, Acting 
Director, Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, 
Bldg. 1, Seattle, WA 98115-0070; or Dr. Gary Matlock, Acting Director, 
Southwest Region, NMFS, 501 West Ocean Blvd., suite 4200, Long Beach, 
CA 90802-4213. Information relevant to this action has been compiled in 
aggregate form and is available for public review during business hours 
at the Office of the Director, Northwest Region, NMFS, (Regional 
Director) or may be obtained from the Pacific Fishery Management 
Council (Council), by writing Pacific Fishery Management Council, Metro 
Center, suite 420, 2000 SW. First Avenue, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region, 
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.

SUPPLEMENTARY INFORMATION: At its April 4-8, 1994, meeting in 
Burlingame, CA, the Council recommended changes to the 1994 groundfish 
fishery specifications and management measures published in the Federal 
Register at 59 FR 685, on January 6, 1994. NMFS concurs with the 
Council's recommendations, and herein announces the following changes 
and clarifications for the reasons stated below.

A. Change the Open Access Trip Limit for Rockfish Caught With Set Nets

    The current trip limit for all open access gear except exempted 
trawl gear is 10,000 pounds (4,536 kg) per trip for all rockfish 
combined, not to exceed 40,000 pounds (18,144 kg) cumulative in a 
month. Representatives of the California set net fleet testified that 
they frequently catch more than 10,000 pounds (4,536 kg) per trip, 
resulting in significant discards. The Council agreed that the 10,000-
pound (4,536 kg) trip limit could be removed for the set net fishery to 
minimize discards and disruption of traditional fishing patterns, but 
the 40,000 pound (18,144 kg) cumulative limit per month must remain in 
effect. No change was recommended for any other open access gear 
because these gears have different fishing patterns and the per trip 
limit is not as likely to cause discards. Data are inadequate at this 
time to determine landings by the set net fishery or to project whether 
the open access allocation for rockfish will be reached before the end 
of the year. The set net fishery is expected to take about 20 percent 
of the open access allocation of rockfish. The Council agreed that the 
10,000-pound (4,536 kg) trip limit may be inappropriate for this sector 
of the industry if large levels of discards are occurring, but warned 
that more severe restrictions will be implemented later in the year if 
necessary to avoid exceeding the open access allocation. Set nets are 
legal gear only south of 38 deg. N. Latitude.
    The revised trip limit modifies the document published on January 
6, 1994 (59 FR 697), at paragraph IV.G.(1)(a), as follows:

G. Vessel Limits in the Open-Access Fishery

    (1) Set net, hook-and-line, pot, and other exempt gear except 
exempted trawl gear:
    (a) Rockfish. No more than 40,000 pounds (18,144 kg) cumulative of 
rockfish may be taken and retained, possessed, or landed per vessel per 
month. No more than 10,000 pounds (4,536 kg) of rockfish may be taken 
and retained, possessed, or landed per vessel per fishing trip, unless 
caught with a set net, in which case the 10,000-pound (4,536 kg) trip 
limit does not apply. Rockfish means the Sebastes complex (including 
yellowtail rockfish), shortbelly rockfish, widow rockfish, Pacific 
ocean perch, and thornyheads, as listed at 50 CFR 663.2. Within these 
limits, a vessel may not take and retain, possess or land more widow 
rockfish, Pacific ocean perch, thornyheads, DTS complex, Sebastes 
complex, yellowtail rockfish, or bocaccio than authorized for the 
limited-entry fishery. (See paragraphs B.(1), C.(2), D.(1), and E.(3).)

B. Clarify the Provision for ``Fishing Ahead'' on the Next Limit

    Some confusion has arisen regarding the provision at 59 FR 695, 
paragraph IV.A.(4), that allows a vessel that already has landed its 
cumulative or daily limit for a species to ``fish ahead'' on its limit 
for the next cumulative or daily period. Some vessels would off-load 
part of their catch, keeping trip limit species on board for offloading 
after the next legal period begins. This is not permitted because, if a 
vessel off-loads any fish, all fish on board count toward the limit for 
the current period. The definition of ``landing'' at 50 CFR 663.2 
states that ``once transfer begins, all fish aboard the vessel are 
counted as part of the landing.'' Therefore, if a vessel off-loads any 
species of fish (including groundfish with no trip limits, shrimp, 
prawns or other nongroundfish species) while having on board a species 
or species group whose cumulative (or daily) limit has been reached, 
the fish on board will be counted toward the current period's 
cumulative or daily limit, which then is exceeded. Paragraph IV.A.(4) 
is clarified as follows:
    (4) Unless the fishery is closed, a vessel which has landed its 
cumulative or daily limit may continue to fish on the limit for the 
next legal period so long as no fish (including but not limited to 
groundfish with no trip limits, shrimp, prawns or other nongroundfish 
species or shellfish) are landed (offloaded) until the next legal 
period. As stated in the regulations at 50 CFR 663.2, once offloading 
of any species begins, all fish aboard the vessel are counted as part 
of the landing.

C. Clarify the Calculation of the Sablefish Trawl Trip Limit

    The Council originally recommended a sablefish trip limit of 25 
percent of the DTS complex (Dover sole, thornyheads, and trawl-caught 
sablefish). This has caused some confusion. The legal limit for 
sablefish is difficult to determine because it is based on the total 
amount of legal DTS complex, including sablefish. To simplify this trip 
limit, NMFS is restating it in equivalent terms that are easier to 
calculate--25 percent of the DTS complex (including sablefish) is 
equivalent to 33.333 percent (approximately one third) of the legal 
thornyheads and Dover sole (i.e. the DTS complex excluding sablefish). 
Paragraph IV.E.(3)(b)(ii), at 59 FR 696, is restated below:
    (b) Trip and Size Limits--(ii) Trip limits. Coastwide, no more than 
50,000 pounds (22,680 kg) cumulative of the DTS complex may be taken 
and retained, possessed, or landed per vessel per month. Within this 
50,000 pounds (22,680 kg), no more than 30,000 pounds (13,608 kg) 
cumulative may be thornyheads, and no more than 12,000 pounds (5,443 
kg) cumulative may be trawl-caught sablefish. In any landing of the DTS 
complex, the trip limit for trawl-caught sablefish is 1,000 pounds (454 
kg), or 33.333 percent of the legal thornyheads and Dover sole, 
whichever is greater. In any landing, no more than 5,000 pounds (2,268 
kg) of sablefish may be smaller than 22 inches (56 cm) (total length).

    Note: 33.333 percent of thornyheads and Dover sole (the DTS 
complex excluding sablefish) is equivalent to 25 percent of the DTS 
complex (including sablefish). As stated in paragraph A.(6), at 59 
FR 695, percentages are based on round weights, and, unless 
otherwise specified, apply only to legal fish on board.

D. Yellowtail Rockfish Declarations

    Federal trip limits for yellowtail rockfish are found at 59 FR 695, 
paragraph IV.C. The States of Oregon and Washington have implemented 
declaration procedures that enable vessels that transit or operate 
north of Cape Lookout (where the trip limit currently is 14,000 pounds 
(6,350 kg) cumulative of yellowtail rockfish per month) to fish south 
of Cape Lookout and retain up to the southern limit (currently 30,000 
pounds (13,608 kg) cumulative per month). Details of the declaration 
procedure are set forth in the respective state regulations. Therefore, 
specific descriptions of state requirements are being removed from the 
Federal Register notice at 59 FR 696 by deleting the following sentence 
from paragraph IV.C.(2)(c): ``For any vessel that takes and retains or 
lands yellowtail rockfish during the month, a declaration must be filed 
for each fishing trip that crosses the line at Cape Lookout during that 
month, must be made before leaving port on the fishing trip, and may 
not be changed once the vessel has left port.'' In the same paragraph, 
the reference to the ``Washington Department of Fisheries'' is changed 
to the ``Washington Department of Fish and Wildlife''.
    The other provisions at 59 FR 695, paragraph IV.C., that apply to 
vessels landing yellowtail rockfish are not changed. Vessel operators 
are cautioned that the States of Oregon and Washington are in the 
process of revising their requirements, and therefore the state where 
the fish will be landed should be contacted to ensure compliance with 
state law (Oregon Department of Fish and Wildlife, Newport, OR at 503-
867-4741 or 503-867-0300; or Washington Department of Fish and 
Wildlife, Montesano WA, 206-249-4628).

E. Clarification of Yellowtail Rockfish Areas

    Two errors occurred in the 1994 groundfish fishery specifications 
and management measures in the description of the stock assessment and 
harvest guideline areas for yellowtail rockfish. The clarifications, 
explained below, cause no change in management of the fishery. (1) 
Footnote ``p'' to Table 1 at 59 FR 689 incorrectly states that the 
stock assessment for yellowtail rockfish divides the Columbia area at 
Cape Lookout, OR. The geographic scope of the yellowtail rockfish 
acceptable biological catch (ABC) is correctly described at 59 FR 690 
in the third column--ABCs were determined for the areas north and south 
of Cape Falcon, OR. Therefore, the first sentence of footnote ``p'' 
should read: ``The yellowtail rockfish assessment addresses three 
separate areas: Vancouver, Columbia north of Cape Falcon, and Columbia 
south of Cape Falcon plus Eureka.'' (2) The text in the first column at 
59 FR 691 incorrectly states that the harvest guidelines for yellowtail 
rockfish apply to the areas north and south of Cape Falcon. Cape Falcon 
divides a major fishing ground, making differential trip limits on 
either side of the line impractical. Instead, Cape Lookout, OR, which 
is 26 nautical miles south of Cape Falcon, was used for purposes of 
establishing the yellowtail rockfish harvest guidelines. Therefore, the 
harvest guidelines and trip limits for yellowtail rockfish apply north 
and south of Cape Lookout, as previously announced at 59 FR 687, Table 
1, and at 59 FR 695, paragraph IV.C.

F. Renumbering Paragraphs

    At 59 FR 697, paragraphs IV.G.(3) (i), (ii), and (iii) regarding 
open access limits for California halibut or sea cucumber trawls were 
inappropriately numbered, and are redesignated IV.G.(3) (a), (b), and 
(c), respectively. At 59 FR 698 in the first column, paragraph IV. on 
Recreational Fishing is redesignated as paragraph H.

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 until 
May 18, 1994.
    This action is taken under the authority of 50 CFR 663.23(c) and 
section III.C.1. of the Appendix to 50 CFR part 663.
    This notice is exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 663

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

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

    Dated: May 2, 1994.
Joe P. Clem,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-10900 Filed 5-3-94; 8:45 am]
BILLING CODE 3510-22-P