[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13969]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 931249-3349; I.D. 052794B]

 

Pacific Coast Groundfish Fishery

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 the end of the ``regular'' season for sablefish 
taken with nontrawl gear by vessels with limited entry permits, a 72-
hour closure, and reimposition of a daily trip limit of 250 lbs (113 
kg) north of 36 deg.00' N. lat. and 350 lbs (159 kg) south of 
36 deg.00' N. lat. off Washington, Oregon and California. This action 
is authorized by the regulations implementing the Pacific Coast 
Groundfish Fishery Management Plan (FMP). The daily trip limits are 
necessary to keep landings within the nontrawl harvest guideline for 
sablefish.

DATES: Effective from 0001 hours (local time) June 4, 1994, through 
December 31, 1994. Comments must be received by June 24, 1994.

ADDRESSES: Submit comments to J. Gary Smith, Acting Regional Director, 
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN-C15700, Seattle, 
WA 98115-0070; or Rodney McInnis, Acting Regional Director, Southwest 
Region, NMFS, 501 West 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: The notice of 1994 groundfish fishery 
specifications and management measures (59 FR 685, January 6, 1994) 
announced that, in the 1994 limited entry fishery, a daily trip limit 
of 250 lbs (113 kg) north of 36 deg.00' N. lat. and 350 lbs (159 kg) 
south of 36 deg.00' N. lat. for the nontrawl sablefish fishery would 
apply until the first 72-hour closure before the start of the regular 
season, and again, after a second 72-hour closure after the end of the 
regular season. The daily trip limits are re-imposed on the date 
necessary to extend the nontrawl allocation for sablefish to the end of 
the year. During the regular season, the only trip limit in effect 
applies to sablefish smaller than 22 inches (55.9 cm) (total length). 
The 72-hour closure is authorized at 50 CFR 663.23(b)(2), which also 
sets a flexible starting date for the regular season (58 FR 16629, 
March 30, 1993).
    The regular season began on May 15, 1994 (59 FR 685, January 6, 
1994). The best available data on May 26, 1994, indicate that 1,107 mt 
of sablefish had been harvested through May 24, 1994, with landings 
averaging 120 mt per day during the regular season. At that rate, the 
nontrawl allocation will be reached by June 4, 1994, if landings are 
not further curtailed. For these reasons, NMFS is closing the limited 
entry fishery for sablefish caught with nontrawl gear at 0001 hours 
(local time) June 4, 1994 (the end of the regular season), and 
reimposing 72 hours later, the 250-lb (113 kg) daily trip limit north 
of 36 deg.00' N. lat. and the 350-lb (159 kg) daily trip limit south of 
36 deg.00' N. lat. on June 7, 1994. This action is intended to leave 
less than 100 mt to be harvested under the daily trip limits for the 
rest of the year. The 72-hour closure and these fishing restrictions 
apply only to vessels operating in the limited entry fishery off 
Washington, Oregon, and California.

Secretarial Action

    NMFS hereby announces the following actions pursuant to 50 CFR 
663.23(b)(2)(iii):
    (1) From 0001 hours (local time) June 4, 1994, through 2400 hours 
(local time) June 6, 1994, the taking and retention, possession, or 
landing of sablefish taken with nontrawl gear by a vessel operating in 
the limited entry fishery is prohibited.
    (2) Beginning at 0001 hours (local time) June 7, 1994, the daily 
trip limit for sablefish caught with nontrawl gear by a vessel in the 
limited entry fishery is 250 lbs (113 kg) north of 36 deg.00' N. lat., 
and 350 lbs (159 kg) south of 36 deg.00' N. lat., through December 31, 
1994. These trip limits apply to sablefish of any size.
    (3) These restrictions apply to all sablefish caught with nontrawl 
gear by vessels operating in the limited entry fishery between 3 and 
200 nautical miles (nm) offshore of Washington, Oregon, and California. 
The sablefish trip limits for ``open access'' gear are not changed. All 
sablefish caught with nontrawl gear and possessed 0-200 nm offshore, or 
landed in Washington, Oregon, or California, are presumed to have been 
taken and retained from the fishery management area (3-200 nm offshore 
Washington, Oregon, and California) unless otherwise demonstrated by 
the person in possession of those fish.
    The determination to reimpose the daily limits for the limited 
entry nontrawl sablefish fishery 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.

Classification

    Because any delay in the implementation of this action could result 
in exceeding the nontrawl sablefish fishery allocation, NMFS therefore 
finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed 
effectiveness requirement of the Administrative Procedure Act.
    This action is taken under the authority of 50 CFR 663.23 (b) and 
(c), is exempt from OMB review under E.O. 12866, and is in compliance 
with the Regulatory Flexibility Act.

List of Subjects in 50 CFR Part 663

    Administrative practice and procedure, Fisheries, Fishing, and 
Reporting and recordkeeping requirements.

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

    Dated: June 3, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-13969 Filed 6-3-94; 4:31 pm]
BILLING CODE 3510-22-P