[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15838]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 931249-3349; I.D. 062394A]

 

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 a reduction in the cumulative vessel trip limit 
for the Dover sole, thornyheads, and trawl-caught sablefish complex 
(DTS) and reductions in the cumulative vessel trip limits for 
thornyheads and trawl-caught sablefish in the groundfish fishery off 
Washington, Oregon, and California. This action is authorized by the 
regulations implementing the Pacific Coast Groundfish Fishery 
Management Plan (FMP). The trip limits are designed to keep landings 
within the 1994 harvest guidelines for these species while extending 
the fishery as long as possible during the year.

DATES: Effective from 0001 hours (local time) July, 1, 1994, until 
December 31, 1994. Comments will be accepted through July 15, 1994.

ADDRESSES: Submit comments to J. Gary Smith, Acting Regional Director, 
Northwest Region, National Marine Fisheries Service, 7600 Sand Point 
Way NE., BIN-C15700, Seattle, WA 98115-0070; or Rodney McInnis, Acting 
Regional Director, Southwest Region, National Marine Fisheries Service, 
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 FMP and its implementing regulations (50 
CFR part 663) provide for rapid changes to specific management measures 
that have been designated routine. Trip landing and frequency limits 
for the DTS complex are among those management measures that have been 
designated as routine at 50 CFR 663.23(c)(1). Implementation and 
further adjustment of those measures may occur after consideration at a 
single Pacific Fishery Management Council (Council) meeting.
    A trip limit is defined at 50 CFR 663.2 as:

    the total allowable amount of a groundfish species or species 
complex by weight, or by percentage of weight of fish on board, that 
may be taken and retained, possessed, or landed from a single 
fishing trip.

    A cumulative trip limit is the maximum amount that may be taken and 
retained, possessed or landed per vessel in a specified period of time, 
without a limit on the number of landings or trips. Cumulative trip 
limits for 1994 apply to calendar months.
    On January 1, 1994, the cumulative trip limit for the DTS complex 
was set at 50,000 lb (22,680 kg) per month, including no more than 
30,000 lb (13,608 kg) of thornyheads and 12,000 lb (5,443 kg) of trawl-
caught sablefish. In any landing of the DTS complex, the trip limit for 
trawl-caught sablefish was set at 1,000 lb (454 kg) or 25 percent of 
the DTS complex, whichever was greater, and applied to each trip. In 
any landing, no more than 5,000 lb (2,268 kg) could be trawl-caught 
sablefish smaller than 22 inches (56 cm) (total length) (59 FR 685, 
January 6, 1994).
    In order to simplify the percentage portion of the trip limit, on 
May 6, 1994, NMFS restated 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) 
(59 FR 23638, May 6, 1994).
    DTS are managed collectively as the DTS complex because they are 
often caught together in the trawl fishery. Information on DTS complex 
landings indicated that at the current rate of harvest, the harvest 
guidelines for thornyheads and trawl-caught sablefish would be achieved 
well before the end of the year. The Council, therefore, convened an 
emergency tele-conference Council meeting to consider the issue on June 
17, 1994. The best available information presented at the June 17, 
1994, teleconference Council meeting indicated that the trawl catch of 
sablefish through May 28, 1994, was 1,803 mt or 51 percent of the 1994 
trawl allocation, and that the catch rate for trawl-caught sablefish 
during April-May 1994 was 112 percent of the catch rate average for 
this period in 1992 and 1993. The data also indicated that the catch of 
thornyheads through May 28, 1994, was 3,829 mt or 55 percent of the 
1994 harvest guideline for thornyheads. High thornyhead prices to the 
fishers have attracted much greater effort, and the recent rate of 
thornyhead landings was 78 percent above the 1992-1993 catch rate 
average.
    Consequently, if landing rates are not curtailed, the harvest 
guideline for trawl-caught sablefish (3,521 mt) would be taken near 
August 26, 1994, and the harvest guideline for thornyheads (7,000 mt) 
would be taken near August 7, 1994. In order to delay the achievement 
of the harvest guidelines, the Council recommended imposing an 
immediate reduction in the cumulative trip limit for the DTS complex 
from 50,000 lb (22,680 kg) to 30,000 lb (13,608 kg) per calendar month. 
Within this limit, no more than 8,000 lb (3,629 kg) may be thornyheads 
(down from 30,000 lb (13,608 kg)) and no more than 6,000 lb (2,722 kg) 
may be trawl-caught sablefish (down from 12,000 lb (5,443 kg)). The 
individual trip limit for trawl-caught sablefish of 1,000 lb (454 kg) 
or 33.333 percent of the legal thornyheads and Dover sole, whichever is 
greater, and the 5,000 pound (2,268 kg) limit on trawl-caught sablefish 
smaller than 22 inches (56 cm) (total length) remain unchanged.
    The sharp increase in monthly catch of thornyheads and sablefish 
has been associated with a decrease in the monthly catch of Dover sole. 
The reduction in the thornyhead cumulative limit is expected to greatly 
reduce the magnitude and frequency of trips in deep water. The shift in 
effort to shallow water should increase the catch of Dover sole and 
decrease the catch of thornyheads, but sablefish are caught in 
association with both species. Because the sablefish limit has been 
reduced to 6,000 lb (2,721 kg), the reduction in the DTS complex limit 
from 50,000 lb (22,680 kg) to 30,000 lb (13,608 kg) is designed to 
prevent increases in sablefish discard as vessels increase targeting on 
Dover sole.

Secretarial Action

    NMFS hereby announces the following change to the management 
measures announced at 59 FR 685, January 6, 1994, pursuant to 50 CFR 
663.23(c)(1):
    (1) Coastwide, no more than 30,000 lb (13,608 kg) cumulative of the 
DTS complex may be taken and retained, possessed, or landed per vessel 
in a calendar month, of which no more than 8,000 lb (3,629 kg) 
cumulative of thornyheads and 6,000 lb (2,722 kg) cumulative of trawl-
caught sablefish may be taken and retained, possessed, or landed per 
vessel in a calendar month.
    (2) In any trip, no more than 1,000 lb (454 kg) or 33.333 percent 
of the legal thornyheads and Dover sole, whichever is greater, may be 
trawl-caught sablefish; and no more than 5,000 lb (2,268 kg) may be 
trawl-caught sablefish smaller than 22 inches (56 cm) (total length).
    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 Regional 
Director, Northwest Region, (see ADDRESSES) during business hours.

Classification

    Delay in the implementation of this action could result in 
exceeding the trawl-caught sablefish allocation and/or exceeding the 
thornyhead limited entry harvest guideline. Furthermore, there was an 
opportunity for public comment at the June 17 Council meeting. The 
Secretary therefore finds good cause under 5 U.S.C. 553(b)(B) and 
553(d)(3) to waive the requirements for publication of a general notice 
of proposed rulemaking and a 30-day delay in effectiveness for this 
action.
    This action is taken under the authority of 50 CFR 663.23(c) and is 
exempt from OMB review under E.O. 12866.

    Dated: June 24, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-15838 Filed 6-27-94; 12:12 pm]
BILLING CODE 3510-22-F