[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29908]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 931249-3349; I.D. 112594B]

 

Pacific Coast Groundfish Fishery

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

ACTION: Closure; fishing restrictions; request for comments.

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SUMMARY: NMFS announces the closure of the commercial fishery for 
sablefish and a reduction in the trip limits for Dover sole and 
thornyheads north of 36 deg.00' N. lat., and a reduction in the 
coastwide trip limit for widow rockfish 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 closure and trip limits are designed to keep 
landings as close as possible to the 1994 harvest guidelines for these 
species while extending the fisheries as long as possible during the 
year.

DATES: Effective from 0001 hours (local time) December 1, 1994, until 
the effective date of the 1995 annual specifications and management 
measures, as published in the Federal Register. Comments will be 
accepted through December 21, 1994.

ADDRESSES: Submit comments to William Stelle, Jr., Regional Director, 
Northwest Region, National Marine Fisheries Service, 7600 Sand Point 
Way NE., BIN-C15700, Seattle, WA 98115-0070; or Hilda Diaz-Soltero, 
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 (hereafter referred to as trip limits) for Dover sole, 
thornyheads, sablefish, and widow rockfish are among those management 
measures that have been designated as routine at 50 CFR 663.23(c). 
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. Trip limits may limit 
the amount of fish that a vessel may legally land per fishing trip or 
cumulatively per unit of time, or the number of landings that may be 
made by a vessel in a given period of time. A daily trip limit is the 
maximum amount that may be taken and retained, possessed or landed per 
vessel in 24 consecutive hours, starting at 0001 hours local time. Only 
one landing of groundfish may be made in that 24-hour period. 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.

Background

    Sablefish: The 1994 sablefish harvest guideline of 7,000 metric 
tons (mt) north of 36 deg.00' N. lat. is divided among several fishing 
groups (59 FR 685; January 6, 1994). After subtracting 300 mt for the 
Washington coastal treaty Indian tribes, the remaining 6,700 mt is 
allocated 6,070 mt for the limited entry fishery and 630 mt for the 
open access fishery. The limited entry allocation is further subdivided 
3,520 mt (58 percent) for the trawl fishery and 2,550 mt (42 percent) 
for the nontrawl fishery. At the Council's October 1994 meeting, review 
of the best available information on sablefish catches indicated that, 
at current catch rates, the limited entry allocation for the trawl 
fishery would be reached by November 4, and if not curtailed, would be 
exceeded by about 529 mt, or 15 percent, by the end of 1994. By October 
8, 1994, the nontrawl limited entry fishery had already exceeded its 
allocation by 681 mt, or 27 percent. The open access sablefish fishery 
has not reached its allocation, 630 mt, and is not likely to before the 
end of 1994. Nevertheless, the overall harvest guideline north of 
36 deg.00' N. lat. has already been reached and is projected to be 
exceeded by about 9 percent in 1994 if landings are not curtailed. To 
keep landings from further exceeding the harvest guideline in 1994, the 
Council recommended closure of the commercial sablefish fishery north 
of 36 deg.00' N. lat. for the remainder of the year, beginning December 
1, 1994. NMFS agrees with the Council's recommendation, and is 
implementing a closure by setting the trip limit for sablefish at zero 
for all commercial gear types north of 36 deg.00' N. lat. Although 
closure of the entire sablefish fishery results in closure of the open 
access fishery for sablefish as well, it was considered necessary to 
prevent the transfer of effort from the limited entry fishery, which 
could result in the open access allocation quickly being reached and 
the harvest guideline being further exceeded. Even with the closure in 
December, the 1994 harvest guideline for sablefish will be exceeded by 
an estimated 4.7 percent. Since the 1994 sablefish harvest guideline 
does not apply to the area south of 36 deg.00' N. lat., that area 
remains open to sablefish fishing under existing trip limits. Those are 
350 lb (159 kg) daily for limited entry nontrawl and open access 
fisheries, and for the limited entry trawl fishery, 6,000 lb (2,722 kg) 
cumulative per month, with a per-trip limit of no more than 1,000 lb 
(454 kg) or 33.333 percent of the legal thornyheads and Dover sole, 
whichever is greater.

Limited Entry Trawl Fishery--Dover Sole and Thornyhead Trip Limits

    In the limited entry trawl fishery, Dover sole, thornyheads, and 
sablefish are managed collectively as the ``DTS complex,'' because they 
are unavoidably caught together. If the trawl trip limits for Dover 
sole and thornyheads are not reduced to minimal levels, substantial 
amounts of sablefish are likely to be caught and discarded. In order to 
minimize the incidental catch and wastage of sablefish in the trawl 
fishery for Dover sole and thornyheads after the retention of sablefish 
is prohibited, the Council also recommended reductions in the trip 
limits for these species. NMFS agrees with this recommendation. The 
Dover sole cumulative monthly trip limit is reduced from 30,000 lb 
(13,608 kg) to 6,000 lb (2,722 kg) and the cumulative monthly trip 
limit for thornyheads is reduced from 8,000 lb (3,629 kg) to 1,500 lb 
(680 kg) beginning December 1, 1994. Because sablefish cannot be 
landed, the cumulative limit for the DTS complex, which was designed 
primarily to protect sablefish, is no longer needed and will no longer 
apply north of 36 deg.00' N. lat. At the Council's October 1994 
meeting, the best available data suggested that, at then-current rates, 
58 percent of the coastwide harvest guideline for Dover sole (16,900 
mt) would be utilized (9,854 mt), and the harvest guideline for 
thornyheads (7,000 mt) would be reached near December 15, 1994, with 
about a 2 percent overage by the end of the year. These trip limit 
reductions will exacerbate the failure to achieve the harvest guideline 
for Dover sole, but may keep landings within the harvest guideline for 
thornyheads.
    Operating north and south of 36 deg.00# N. lat.: This action 
results in different trip limits south and north of 36 deg.00# N. lat.; 
the trip limits for thornyheads and Dover sole south of 36 deg.00# N. 
lat. are less restrictive. It also closes all commercial fishing for 
sablefish north of 36 deg.00# N. lat.; and current trip limits for 
trawl and nontrawl gear are unchanged south of 36 deg.00# N. lat. This 
raises questions about the application of trip limits and the sablefish 
closure for vessels that operate both north and south of 36 deg.00# N. 
lat. during December 1994.
    The trip limits and sablefish closure will be applied in much the 
same way as the trip limits for bocaccio and the Sebastes complex are 
applied north and south of Cape Mendocino, CA (59 FR 46002, September 
6, 1994). In the limited entry fishery, a vessel that fishes for any 
species north of 36 deg.00# N. lat. during the month is subject to, for 
the entire month, the closure for trawl-caught sablefish and the trip 
limits for Dover sole and thornyheads caught north of 36 deg.00# N. 
lat., no matter where the fish are possessed or landed. Similarly, if a 
vessel fishes for Dover sole and thornyheads south of 36 deg.00# N. 
lat. and possesses or lands them north of 36 deg.00# N. lat., the 
northern limits apply to that vessel for the entire month. No vessel 
may possess or land sablefish north of 36 deg.00# N. lat. during 
December, no matter where the fish are harvested. In the limited entry 
nontrawl and open access fisheries for sablefish, the daily trip limit 
and closure would be applied the same way, except on a daily rather 
than a monthly basis.
    Widow Rockfish: The 1994 harvest guideline for widow rockfish is 
6,500 mt, which is further allocated between the limited entry (6,260 
mt) and the open access fisheries (240 mt). On January 1, 1994, the 
cumulative trip limit for widow rockfish was set at 30,000 lb (13,608 
kg) per month (59 FR 685, January 6, 1994).
    At the Council's October 1994 meeting, a continuing review of the 
best information available indicated that, through early October, 80 
percent (5,207 mt) of the 1994 harvest guideline for widow rockfish had 
been landed and the harvest guideline would be reached by November 25, 
1994. Therefore, the Council recommended that the cumulative trip limit 
for widow rockfish be reduced from 30,000 lb (13,608 kg) per month to 
3,000 lb (1,361 kg) per trip. NMFS agrees. Even by reducing the trip 
limit to 3,000 lb (1,361 kg) on December 1, the harvest guideline may 
still be exceeded by about 3 percent for the year.

Secretarial Action

    NMFS hereby announces, pursuant to 50 CFR 663.23 (b)(2), (c)(1), 
and (c)(2), changes to the following management measures for the 
limited entry and open access fisheries as announced at 59 FR 685, 
January 6, 1994, and subsequently modified at 59 FR 23638, May 6, 1994; 
59 FR 29736, June 9, 1994; 59 FR 33700, June 30, 1994; and 59 FR 46002, 
September 6, 1994. In addition, paragraphs E.(3)(b) through (e) on 
sablefish and the DTS complex are redesignated as E.(3)(c) through (f). 
All other current provisions remain unchanged.

1. Widow Rockfish

    B(1) Limited-entry Fishery. No more than 3,000 lb (1,361 kg) of 
widow rockfish may be taken and retained, possessed, or landed per 
vessel per trip. (Widow rockfish are also called brownies.)
    B(2) Open-access Fishery. Within the rockfish open access trip 
limits (see section G., 59 FR 23638, May 6, 1994), no more than 3,000 
lb (1,361 kg) per trip may be widow rockfish.

2. Sablefish

    All Gear, All Fisheries North of 36 deg.00# N. Lat.:
    E.(3)(b) Sablefish Closure--Limited Entry and Open Access 
Fisheries. The trip limit for all commercial gear north of 36 deg.00# 
N. lat. is zero. It is unlawful to take and retain, possess, or land 
sablefish north of 36 deg.00# N. lat. in the limited entry and open 
access fisheries. For vessels that operate both north and south of 
36 deg.00# N. lat. during December 1994 (see paragraph E.(5)).

3. Dover sole, Thornyheads and Trawl-Caught Sablefish--Limited Entry 
Fishery

    E.(3)(c)(ii) Trip Limits.
    (1) North of 36 deg.00# N. lat., no more than 6,000 lb (2,722 kg) 
cumulative of Dover sole and no more than 1,500 lb (680 kg) cumulative 
of thornyheads may be taken and retained, possessed, or landed per 
vessel in a calendar month. (2) South of 36 deg.00# N. lat., 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. (3) 
In any trip south of 36 deg.00# N. lat., 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). (4) For vessels that operate both north and south of 
36 deg.00# N. lat. during December 1994 (see paragraph E.(5)).

4. Sablefish--Nontrawl Limited Entry Fishery South of 36 deg.00# N. 
Lat.

    E.(3)(d)(iii)(2) The daily trip limit for sablefish caught with 
nontrawl gear by a vessel in the limited entry fishery south of 
36 deg.00# N. lat. remains at 350 lb (159 kg). This trip limit applies 
to sablefish of any size. For vessels that operate both north and south 
of 36 deg.00# N. lat. during December 1994 (see paragraph E.(5)).

5. Sablefish--Open Access Fishery South of 36 deg.00# N. Lat.

    E.(4) Open-access Fishery. The daily trip limit for sablefish south 
of 36 deg.00# N. lat. is 350 lb (159 kg). For vessels that operate both 
north and south of 36 deg.00# N. lat. during December 1994 (see 
paragraph E.(5)).

6. Sablefish/Dover Sole/Thornyheads--All Gear, All Fisheries

    E.(5) Operating North and South of 36 deg.00# N. Lat. 
    (a) Dover Sole, Thornyheads, and Trawl-caught Sablefish. If a 
vessel is used to fish for any species north of 36 deg.00# N. lat. 
during the month, then that vessel is subject to, for the entire month, 
the sablefish closure and the trip limits for Dover sole and 
thornyheads north of 36 deg.00# N. lat., no matter where the fish are 
possessed or landed. Similarly, if a vessel is used to take and retain 
Dover sole or thornyheads south of 36 deg.00# N. lat. and possesses or 
lands Dover sole or thornyheads north of 36 deg.00# N. lat., that 
vessel is subject to the northern trip limit for these species. No 
vessel may possess or land sablefish north of 36 deg.00# N. lat. during 
December 1994, no matter where the fish are harvested.
    (b) Nontrawl Sablefish. If a vessel is used to fish for any species 
north of 36 deg.00# N. lat. during a day, then that vessel may not take 
and retain sablefish during that day, no matter where the fish are 
taken and retained, possessed or landed. No vessel may possess or land 
sablefish north of 36 deg.00# N. lat., no matter where the fish are 
harvested.

7. Sablefish--Open Access Fishery South of 36 deg.00# N. Lat.--Set Net, 
Hook-and-Line, Pot, and Other Exempt Gear Except Exempted Trawl Gear

    G.(1)(b) Sablefish. The daily trip limit for sablefish south of 
36 deg.00# N. lat. is 350 lb (159 kg). For vessels that operate both 
north and south of 36 deg.00# N. lat. during December 1994 (see 
paragraph E.(5)).

8. Shrimp and Spot and Ridgeback Prawn Open Access Fisheries

    G.(2)(c) Within these limits, a vessel may not take and retain, 
possess, or land more widow rockfish, Pacific ocean perch, thornyheads, 
sablefish, DTS complex, Sebastes complex, yellowtail rockfish, 
bocaccio, Dover sole, or Pacific whiting than authorized in the 
limited-entry fishery. Therefore it is unlawful to take and retain, 
possess, or land sablefish taken with shrimp, spot prawn, or ridgeback 
prawn trawl gear north of 36 deg.00# N. lat. (see paragraphs B.(1), 
C.(2), D.(1), E.(3), and F.(1)).

9. California Halibut or Sea Cucumber Open Access Fisheries [South of 
Point Arena, CA (38 deg.57'30'' N. lat.)]

    G.(3)(c) No groundfish landing by California halibut or sea 
cucumber trawl may be in excess of the limited-entry trip limit for 
trawl gear. Therefore, it is unlawful to take and retain, possess, or 
land sablefish taken with California halibut or sea cucumber trawl gear 
north of 36 deg.00# N. lat. (see paragraphs B.(1), C.(2), D.(1), E.(3), 
and F.(1)).

Classification

    The determination to take these actions is based on the most recent 
data available. The aggregate data upon which the determinations are 
based are available for public inspection at the Office of the Regional 
Director, Northwest Region, (see ADDRESSES) during business hours. 
There was an opportunity for public comment at the Council's October 
1994 meeting in San Francisco, CA.
    This action is taken under the authority of 50 CFR 663.23(c) and is 
not subject to review under E.O. 12866.

    Dated: November 30, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-29908 Filed 11-30-94; 4:54 pm]
BILLING CODE 3510-22-P