[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Proposed Rules]
[Pages 39144-39145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18832]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 950209046-5191-04; I.D. 071495A]
RIN 0648-AG82


Pacific Coast Groundfish Fisheries; Control Date

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

ACTION: Advance notice of proposed rulemaking; consideration of a 
control date.

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SUMMARY: This notice announces that the Pacific Fishery Management 
Council (Council) is considering whether there is a need to impose 
additional management measures to further limit harvest capacity in the 
nontrawl limited entry fishery for sablefish in the Pacific groundfish 
fishery in the exclusive economic zone (EEZ) off the States of 
Washington, Oregon, and California. If it is determined that there is a 
need to impose additional management measures, the Council may 
recommend a rulemaking to do so. Possible measures include the 
establishment of a limited entry program for the sablefish fishery 
through the establishment of a sablefish endorsement for nontrawl 
limited entry ``A'' permits to control participation or effort in the 
nontrawl sablefish fishery. If a limited entry program is established, 
the Council is considering June 29, 1995, as a possible control date. 
Consideration of a control date is intended to discourage new entry by 
nontrawl ``A'' permit holders into the sablefish fishery based on 
economic speculation during the Council's deliberation on the issues. 
Persons interested in the limited entry sablefish fishery should 
contact the Council to stay up to date on the management direction in 
the fishery.

DATES: Comments must be submitted by August 31, 1995.

ADDRESSES: Comments should be directed to the Pacific Fishery 
Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR 
97201.

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

SUPPLEMENTARY INFORMATION: The Fishery Management Plan (FMP) for 
Pacific groundfish was approved on January 4, 1982 (47 FR 43964; 
October 5, 1982), and implementing regulations appear at 50 CFR parts 
611 and 663. On November 16, 1992, NMFS published final regulations 
implementing Amendment 6 to the Pacific groundfish FMP (57 FR 54001), 
codified at 50 CFR part 663, subpart C. Amendment 6 and its 
implementing regulations establish a license limitation limited entry 
program for the commercial groundfish fishery based on the issuance of 
gear-specific Federal limited entry permits. Limited entry permits are 
endorsed for one or more of three gear types (trawl, longline, and trap 
(or pot)). A vessel meeting specific minimum landing requirements with 
a particular gear during the qualifying ``window period'' (July 11, 
1984, through August 1, 1988) received a transferable permit with an 
``A'' endorsements for that gear.
    Amendment 6 also divides the Pacific Coast commercial groundfish 
fishery into two segments. The first segment is the limited entry 
fishery, consisting of vessels with limited entry permits endorsed for 
longline and/or trap (or pot) gear and all vessels using trawl gear. 
The second segment is the open access fishery, consisting of vessels 
using all other gear, as well as vessels that do not have limited entry 
permits endorsed for use of longline or trap (or 

[[Page 39145]]
pot) gear, but that make small landings with longline or trap (or pot) 
gear.
    The annual sablefish harvest guideline, after deductions for treaty 
Indian harvest and allocation to the open access fishery, is divided 
between the limited entry trawl fishery (58 percent) and the limited 
entry longline/fish trap (or pot) fishery (42 percent), which is called 
the nontrawl fishery. The regular sablefish fishing season for nontrawl 
vessels with limited entry permits has been progressively shorter each 
year for the past several years as a result of shrinking harvest 
guidelines and increased fishing effort. Competition for the limited 
resource has reached critical levels, and the Council has considered 
several approaches to addressing the major problems. The 1995 season is 
expected to be the shortest on record, approximately 7 days. Despite 
the fact that the number of nontrawl limited entry ``A'' licenses is 
limited to 237, only 131 landed sablefish during 1994, leaving an 
additional 106 permits that represent latent effort that potentially 
could participate in future sablefish harvests.
    In June 1995, the Council held a scoping meeting to solicit input 
from the industry and the public on future management of the nontrawl 
fisheries. Based on the results of the meeting, the Council is 
beginning the development of management options for the fishery. The 
range of options the Council will consider includes, but is not limited 
to, limiting participation in the sablefish fishery only to those 
permit holders with a past history of sablefish landings, differential 
cumulative trip limits based on fishermen receiving ``points'' for 
meeting certain qualifying criteria, a two-tier system of cumulative 
trip limits based on historical sablefish landings during particular 
qualifying time periods, equal shares or cumulative trip limits, 
associating trip limits with permits and allowing use of more than one 
permit on a vessel, split seasons, and area management. The Council has 
previously considered individual transferable quota (ITQ) options, but 
has delayed, indefinitely, further consideration pending changes to the 
Magnuson Act.
    Implementation of any management measures for the fishery may 
require preparation by the Council of an amendment to either or both 
the Pacific groundfish FMP or its implementing regulations. The Council 
will discuss these issues at its
    August 1995 meeting in San Francisco, CA. In either event, 
publication of a proposed rule with a public comment period, NMFS' 
approval of the rule or FMP amendment, and publication of a final rule 
would be required.
    As the Council considers management options, some permit holders 
who do not currently harvest sablefish with limited entry gear, and 
have never done so, may decide to enter the fishery for the sole 
purpose of establishing a record of making commercial landings of 
sablefish. When management authorities begin to consider limited access 
management regimes, this kind of speculative entry often is responsible 
for a rapid increase in fishing effort in fisheries that are already 
fully developed or overdeveloped. The original fishery problems, such 
as overcapitalization or overfishing, may be exacerbated by the entry 
of new participants. If management measures to limit participation or 
effort in the fishery are determined to be necessary, the Council is 
considering June 29, 1995, as the control date. Anyone entering the 
fishery after that date may not be assured of future participation in 
the fishery if a management regime is developed and implemented that 
limits the number of participants in the fishery.
    Consideration of a control date does not commit the Council or NMFS 
to any particular management regime or criteria for entry into the 
sablefish fishery. Fishermen are not guaranteed future participation in 
the sablefish fishery, regardless of their date of entry or intensity 
of participation in the fishery before or after the control date under 
consideration. The Council may subsequently choose a different control 
date, or it may choose a management regime that does not make use of 
such a date. For example, on February 5, 1992 (57 FR 4394), NMFS 
published in the Federal Register a notice of control date informing 
fishermen that a vessel or individual entering the Pacific groundfish 
or Pacific halibut fisheries off the States of Washington, Oregon, and 
California, may be assigned a lesser priority for issuance and shares 
of ITQ shares in a potential ITQ-based limited access system. The 
Council may choose to give variably weighted consideration to fishermen 
in the fishery before and after the control date. Other qualifying 
criteria, such as documentation of commercial landings and sales, may 
be applied for entry. The Council may choose also to take no further 
action to control entry or access to the sablefish fishery, in which 
case the control date may be rescinded.

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

    Dated: July 27, 1995.
Richard B. Stone,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 95-18832 Filed 7-27-95; 3:08 pm]
BILLING CODE 3510-22-F