[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Rules and Regulations]
[Pages 37022-37023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17754]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 941265-4365; I.D. 071195B]


Pacific Coast Groundfish Fishery; Miscellaneous Management 
Measures

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

ACTION: Inseason adjustment of trip limits; end of nontrawl sablefish 
regular season.

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SUMMARY: NMFS announces inseason adjustments to the trip limits for 
widow rockfish and trawl-caught sablefish, and announces the ending 
date of the regular season for the nontrawl sablefish limited entry 
fishery. These actions are intended to enable the 1995 harvest 
guidelines for widow rockfish and trawl-caught sablefish to be achieved 
and to provide advance notice of the duration of the nontrawl sablefish 
regular season.

DATES: The trip limits for widow rockfish and trawl-caught sablefish 
are effective July 14, 1995, until the effective date of the 1996 
annual specifications and management measures for the Pacific Coast 
Groundfish Fishery, which will be published in the Federal Register. 
The closing date of the nontrawl sablefish regular season and the 
reimposition of the daily trip limits are effective at 12 noon (local 
time), August 13, 1995, until the effective date of the 1996 annual 
specifications and management measures for the Pacific Coast Groundfish 
Fishery, which will be published in the Federal Register. Comments will 
be accepted until July 31, 1995.

ADDRESSES: Comments on these actions should be sent to Mr. William 
Stelle, Jr., Director, Northwest Region, National Marine Fisheries 
Service, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, Seattle, WA 
98115-0070; or Ms. Hilda Diaz-Soltero, Director, Southwest Region, 
National Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, 
Long Beach, CA 90802-4213. Information relevant to these actions 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).

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

SUPPLEMENTARY INFORMATION: These actions are authorized by the Pacific 
Coast Groundfish Fishery Management Plan, which governs the harvest of 
groundfish in the U.S. exclusive economic zone off the coasts of 
Washington, Oregon, and California.

Adjustment to Trip Limits

    On January 9, 1995, the 1995 Annual Specifications and Management 
Measures for Pacific Coast Groundfish Fishery were published in the 
Federal Register (60 FR 2331-2344). At its June 1995 meeting in 
Clackamas, OR, the Pacific Fishery Management Council (Council) 
considered the best available scientific information, comments from its 
advisory committees, and public testimony before recommending 
adjustments to the management measures for the commercial groundfish 
fishery. Because the Council meeting was held the last week in June, 
time constraints prevented these actions from being effective July 1, 
1995, the beginning date for the next cumulative monthly trip limits. 
These less restrictive limits are being implemented during the month of 
July; however, the cumulative trip limits in effect at the beginning of 
July remain in effect until the effective date of this inseason 
adjustment. A cumulative monthly trip limit is the maximum amount that 
may be taken and retained, possessed, or landed per vessel in a 
calendar month, without a limit on the number of landings or trips.
    Widow Rockfish. The best available information through May 31, 
1995, projected the total annual catch of widow rockfish to be 4,990 mt 
in 1995, almost 20 percent below the 6,500-mt harvest guideline. The 
current rate of landings would need to increase by almost 50 percent to 
enable the harvest guideline to be reached by the end of the year. 
Consequently, the Council recommended that the monthly cumulative trip 
limit be increased by 50 percent as quickly as possible, from 30,000 lb 
(13,608 kg) to 45,000 lb (20,412 kg). NMFS concurs with this 
recommendation to allow full achievement of the harvest guideline for 
widow rockfish.
    Trawl-Caught Sablefish. On May 1, 1995, the cumulative monthly trip 
limit for trawl-caught sablefish was increased from 6,000 lb (2,722 kg) 
to 7,000 lb (3,175 kg) (60 FR 22303, May 5, 1995) and the ``per-trip'' 
limit of 1,000 lb (454 kg) or 33.333 percent of the thornyheads and 
Dover sole remained in effect. The best available information through 
May 31, 1995, projects a total annual harvest of 3,412 mt in 1995, 10 
percent below the revised 3,803-mt limited entry allocation for the 
sablefish trawl fishery.
    Sablefish often are caught with thornyheads and Dover sole, which 
are managed together as the ``DTS complex.'' Landings of shortspine 
thornyheads (one of the two thornyhead species) are higher than 
desired. However, a reduction in the current 3,000-lb (1361 kg) 
cumulative trip limit for shortspine thornyheads would most likely 
cause an increase in discards with little or no reduction in catch, 
because of thornyheads' close association in the catch with sablefish 
and Dover sole. The Council heard testimony that the current ``per-
trip'' limit for sablefish could be encouraging a larger harvest of 
thornyheads, because fishers with more than 1,000 lb (454 kg) of 
sablefish on board, but less than one-third of the weight of 
thornyheads and Dover sole, would fish for additional amounts of the 
last two species to be within the percentage limit.
    The Council recommended removing this ``per-trip'' sablefish limit 
(except for the 500-lb (227 kg) ``per-trip'' limit for sablefish 
smaller than 22 inches (56 cm) total length), while retaining the 
cumulative trip limits for sablefish and the DTS complex. Removing the 
``per-trip'' limit will eliminate those discards that were made in 
excess of that limit, and will not encourage a large increase in 
sablefish landings because only small sablefish in very nearshore 
waters can be caught fairly selectively, and this harvest is 
constrained by the 500-lb (227-kg) trip limit on sablefish smaller than 
22 inches (56 cm). NMFS concurs with the Council's recommendation, 
which is intended simultaneously to achieve the limited entry trawl 
allocation for sablefish, to eliminate the discard of sablefish caught 
in excess of the trip limit that now is removed, and to divert fishing 
effort from shortspine thornyheads.

Nontrawl Sablefish Season

    The ``regular season'' for the limited entry nontrawl sablefish 
fishery begins at 12 noon on August 6, 1995, and ends when 70 percent 
(1,928 mt) of the 2,754-mt nontrawl allocation is projected to be 
taken. (The remainder of the allocation is to be taken in a mop-up 
fishery about 3 weeks later, if sufficient amounts remain.) The 
regulations at 50 CFR 663.23(b)(2)(ii) (60 

[[Page 37023]]
FR 34472, July 3, 1995) state that the end of the regular season may be 
announced in the Federal Register either before or during the regular 
season. NMFS is announcing the closure date in advance of the regular 
season in 1995, because effort is expected to be so intense that there 
will be inadequate time to monitor landings and make a projection 
during the season. An early announcement enables fishers to plan more 
carefully and to decide whether to participate.
    NMFS consulted with the Council and its Groundfish Management Team 
at the June, 1995, Council meeting and, based on the best available 
estimates of expected catch and effort, determined that 70 percent of 
the nontrawl allocation would be taken in 6-8 days. The Council 
recommended the midpoint of the range, 7 days, because even if the 
highest level of expected fishing effort occurred, the harvest 
guideline would not be exceeded during the regular season. NMFS concurs 
with the Council's recommendation, and announces that the regular 
season, which starts at 12 noon on August 6, 1995, will end just 7 days 
later, at 12 noon, August 13, 1995. Commencing at 12 noon, August 13, 
1995, the following daily trip limits for nontrawl sablefish will 
resume: 300 lb (136 kg) per day north of 36 deg. N. lat., and 350 lb 
(159 kg) per day south of 36 deg. N. lat. (Daily trip limits apply to 
calendar days. Therefore, on August 13, 1995, a daily trip limit may be 
landed between 12 noon and midnight. At 0001 hours on August 14, 1995, 
daily trip limits will apply to the full 24 hours.) As in the past, a 
vessel must begin landing its catch before 12 noon August 13, or the 
daily trip limit will apply.
    Further information regarding the nontrawl sablefish fishery and 
the closure before the start of the regular season are contained in the 
proposed and final rules for that action at 60 FR 11062 (March 1, 1995) 
and 60 FR 34472 (July 3, 1995), respectively.

NMFS Actions

    NMFS announces the following changes to the 1995 fishery 
specifications and management measures published at 60 FR 2331-2344, 
January 9, 1995, as modified:
    1. Widow Rockfish. Paragraph IV.B.(1) is revised to read as 
follows: ``(1) Limited entry fishery. The cumulative trip limit for 
widow rockfish is 45,000 lb (20,412 kg) per vessel per month. (Widow 
rockfish also are called brownies.)''
    2. Trawl-Caught Sablefish. Paragraph IV.E.(3)(b)(ii)(C)is revised 
to read as follows: ``(C) In any trip, no more than 500 lb (227 kg) may 
be trawl-caught sablefish smaller than 22 inches (56 cm) total 
length.''
    3. Nontrawl Sablefish. Paragraph IV.E.(3)(c) is revised to read as 
follows: ``(c) Nontrawl trip and size limits. The daily trip limits in 
paragraphs (i) and (ii) below, which apply to sablefish of any size, 
are in effect until 12 noon, August 3, 1995, at which time all fixed 
gear used to take and retain groundfish must be removed from EEZ waters 
according to the regulations at 50 CFR 663.23(b)(2). These same daily 
trip limits will be reimposed at 12 noon, August 13, 1995, the end of 
the regular season.
    (i) North of 36 deg. N. lat. The daily trip limit for sablefish 
taken and retained with nontrawl gear north of 36 deg. N.lat. is 300 lb 
(136 kg).
    (ii) South of 36 deg. N. lat.. The daily trip limit for sablefish 
taken and retained with nontrawl gear south of 36 deg. N. lat. is 350 
lb (159 kg).
    (iii) During the ``regular'' season, the only trip limit in effect 
applies to sablefish smaller than 22 inches (56 cm) total length, which 
may comprise no more than 1,500 lb (680 kg) or 3 percent of all legal 
sablefish on board, whichever is greater. (See paragraph IV.A.(6) 
regarding length measurement.)''

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, NMFS (see ADDRESSES) during business hours. 
Because of the need for immediate action, and because the public had an 
opportunity to comment on these actions at the Council meeting, NMFS 
has determined that good cause exists for this notice to be published 
without affording a prior opportunity for public comment or a 30-day 
delayed effectiveness period. This action is taken under the authority 
of 50 CFR 663.23(b)(2) and (c)(1)(i)(A)and (E), and is exempt from 
review under E.O. 12866.

    Dated: July 14, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-17754 Filed 7-14-95; 4:25 pm]
BILLING CODE 3510-22-F