[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34472-34473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16312]



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DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 950209046-5167-03; I.D. 011295D]
RIN 0648-AG82


Pacific Coast Groundfish Fishery; Modification of Nontrawl 
Sablefish Season

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

ACTION: Final rule.

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SUMMARY: NMFS announces regulations to establish a new season structure 
for the nontrawl sablefish component of the Pacific Coast Groundfish 
limited entry fishery off Washington, Oregon, and California. The new 
regular season for this fishery will begin each year at 12 noon August 
6. In addition, both the limited entry and open-access groundfish 
fisheries are required to remove all fixed gear from the water 72 hours 
prior to the start of the regular season. This rule is intended to 
promote the goals and objectives of the Pacific Coast Groundfish 
Fishery Management Plan (FMP) by providing an equitable opportunity for 
different types of nontrawl gear to harvest the limited entry nontrawl 
allocation for sablefish, to enhance vessel safety by avoiding a winter 
opening, to keep the fishery within the annual management target, and 
to minimize gear conflicts.

EFFECTIVE DATE: August 2, 1995.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140; 
or Rodney McInnis at 310-980-4040.

SUPPLEMENTARY INFORMATION:
    NMFS issues this final rule under the authority of the FMP and the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). NMFS 
published a proposed rule at 60 FR 11062 (March 1, 1995), requesting 
comments through April 17, 1995, based on a recommendation of the 
Pacific Fishery Management Council (Council) at its October 1994 
meeting. No written comments were received. NMFS concurs with the 
Council's recommendations, and therefore, this final rule is 
substantively the same as proposed, with several clarifications 
explained below. The proposed rule and Environmental Assessment and 
Regulatory Impact Review (EA/RIR) prepared for this action contain 
background and rationale.

Clarifications

    The proposed rule stated that all nontrawl gear must be out of the 
water 72 hours before the regular season and sablefish may not be 
landed during that time. However, a review of the Council's motion 
revealed that this requirement was intended to apply only to fixed gear 
(longline, trap or pot, set net and stationary hook-and-line gear, 
including commercial vertical hook-and-line gear), not all nontrawl 
gear. Nontrawl gear includes fixed as well as mobile gear. Most at-sea 
enforcement of the closure will be conducted by over-flights. Because 
it is difficult to distinguish between the various types of access or 
limited entry fixed gear, the requirement for gear to be out of the 
water applies to both open access and limited entry operations. Mobile 
nontrawl gear catches only small amounts of sablefish, and, since it is 
not marked with buoys, its use does not complicate aerial enforcement. 
Therefore, it is unnecessary to require mobile nontrawl gear to be out 
of the water. In the pink shrimp and spot and ridgeback prawn 
fisheries, pot (trap) vessels may set their gear as long as groundfish 
are not retained or landed during the 72-hour period.
    To facilitate enforcement, NMFS intends to use 12 noon as the 
starting and ending times of the regular and mop-up fisheries, whenever 
practicable. Regarding the length of the mop-up season and amount of 
the cumulative trip limit, the requirement for the NMFS Regional 
Director to consult with the Council's ``Groundfish Management Team'' 
has been revised to its ``designees'' to provide flexibility.
    The Council confirmed its intent and it is NMFS policy that, as in 
other groundfish fisheries, a vessel must initiate offloading its catch 
before the effective time of any closure or reduced trip limit. This 
ensures that fishers have enough time to come to shore and start 
offloading their catch, which is well documented because each landing 
of 

[[Page 34473]]
groundfish requires a State ``fish ticket'' or similar documentation.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this final rule is necessary for management of the 
Pacific Coast groundfish fishery and that it is consistent with the 
Magnuson Act and other applicable law.
    The Council prepared an EA for this rule (contained in the EA/RIR) 
and the AA concluded that there would be no significant impact on the 
environment.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 663

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 28, 1995.

Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 663 is amended 
as follows:

PART 663--PACIFIC COAST GROUNDFISH FISHERY

    1. The authority citation for part 663 continues to read as 
follows:
    Authority: 16 U.S.C. 1801 et seq.
    2. Effective August 2, 1995, Sec. 663.23, paragraph (b)(2) is 
revised to read as follows. This amendment supersedes the document 
published at 60 FR 10040, February 23, 1995.


Sec. 663.23  Catch restrictions.

* * * * *
    (b) * * *
    (2) Nontrawl sablefish. This paragraph (b)(2) applies to the 
limited entry fishery, except for paragraphs (b)(2)(i) and (v), which 
also apply to the open-access fishery. All times are local times.
    (i) Pre-season closure--Open-access and limited entry fisheries. 
(A) Sablefish taken with fixed gear in the limited entry or open access 
fishery in the EEZ may not be retained or landed from 12 noon August 3 
through 12 noon August 6.
    (B) All fixed gear used to take and retain groundfish must be out 
of EEZ waters from 12 noon August 3 through 12 noon August 6, except 
that pot gear used to take and retain groundfish may be deployed and 
baited in the EEZ after 12 noon on August 5.
    (ii) Regular season--Limited entry fishery. The regular season for 
the limited entry nontrawl sablefish fishery begins at 1201 hours on 
August 6. During the regular season, the limited entry nontrawl 
sablefish fishery may be subject to trip limits to protect juvenile 
sablefish. The regular season will end when 70 percent of the limited 
entry nontrawl allocation has been or is projected to be taken. The end 
of the regular season may be announced in the Federal Register either 
before or during the regular season.
    (iii) Mop-up season--Limited entry fishery. A mop-up season to take 
the remainder of the limited entry nontrawl allocation will begin about 
3 weeks after the end of the regular season, or as soon as practicable 
thereafter. During the mop-up fishery, a cumulative trip limit will be 
imposed. The length of the mop-up season and amount of the cumulative 
trip limit, including the time period to which it applies, will be 
determined by the Regional Director in consultation with the Council or 
its designees, and will be based primarily on the amount of fish 
remaining in the allocation and the number of participants anticipated. 
The Regional Director may determine that too little of the nontrawl 
allocation remains to conduct an orderly or manageable fishery, in 
which case there will not be a mop-up season.
    (iv) The dates and times that the regular season ends (and trip 
limits on sablefish of all sizes are resumed) and the mop-up season 
begins and ends, and the size of the trip limit for the mop-up fishery, 
will be announced in the Federal Register, and may be modified. Unless 
otherwise announced, these seasons will begin and end at 12 noon on the 
specified date.
    (v) Trip and/or frequency limits may be imposed in the limited 
entry fishery before and after the regular season, and after the mop-up 
season, under paragraph (c) of this section. Trip and/or size limits to 
protect juvenile sablefish in the limited entry or open-access 
fisheries also may be imposed at any time under paragraph (c) of this 
section. Trip limits may be imposed in the open-access fishery at any 
time under paragraph (c) of this section.
[FR Doc. 95-16312 Filed 6-30-95; 8:45 am]
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