[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39875-39877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19165]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 941265-4365; I.D. 072595B]


Pacific Coast Groundfish Fishery; Canary Rockfish and Lingcod 
Trip Limits

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS announces inseason adjustments to the trip limits for 
canary rockfish and establishes a small trip limit for trawl-caught 
lingcod smaller than 22 inches (56 cm) total length. These actions are 
intended to enable the 1995 harvest guideline for canary rockfish to be 
achieved, and to provide a reasonable tolerance for small lingcod.

DATES: Effective August 1, 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 August 15, 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.
    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). The management measures were 
amended 

[[Page 39876]]
on May 5, 1995 (60 FR 22303), and July 19, 1995 (60 FR 37022). 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 groundfish 
fishery.
    Canary Rockfish. Canary rockfish is one of more than 50 species in 
the Sebastes complex of rockfish. Based upon the best available 
information through May 31, 1995, NMFS projected the total annual catch 
of canary rockfish to be only 435 mt in 1995, about half the 850-mt 
harvest guideline for the Vancouver and Columbia subareas. The rate of 
landings would need to almost double to enable the harvest guideline to 
be reached by the end of the year. The Council heard testimony that 
canary rockfish were hard to catch in some areas, and that, therefore, 
the trip limit should not be increased in case there is a conservation 
problem. Other fishers reported that the current trip limit was too 
small, and the surplus catch was being discarded. The Council had no 
new information to conclude that the harvest guideline for this species 
was inappropriate. Noting that canary rockfish can have a patchy 
distribution and may be available to some gear types in some areas but 
not in others, the Council recommended increasing the monthly 
cumulative trip limit for canary rockfish from 6,000 lb (2,722 kg) to 
9,000 lb (4,082 kg), so that the harvest guideline may be reached in 
1995. (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.) If landings 
fall short of the increased trip limit, further analysis will be 
conducted to determine if this is related to markets, fishing gear, or 
resource availability. NMFS concurs with the Council's recommendation 
to provide for full achievement of the harvest guideline, and to 
minimize trip limit induced discards. No change is made to the 
cumulative monthly trip limit for the Sebastes complex.
    Lingcod. A 22-inch (56 cm) total length minimum size limit for 
lingcod was implemented coastwide for the first time in 1995 (60 FR 
2343, January 9, 1995). At its June 1995 meeting, the Council heard 
testimony from trawl fishers that it was unreasonable to be found in 
violation if only a few fish in the catch were smaller than 22 inches. 
The Council agreed and recommended that a small trip limit of 100 
pounds (45 kg) of trawl-caught sablefish smaller than 22 inches (56 cm) 
be allowed in each landing. This level is too small to encourage 
targeting on small juvenile fish, will provide for landing fish that 
otherwise would be discarded but probably would not survive, and will 
provide a reasonable level of tolerance to the size limit restriction. 
(This trip limit does not apply to hook-and-line caught lingcod, which 
are more likely to survive. Even at this low level, allowing retention 
of small lingcod with hook-and-line gear could encourage target fishing 
on them.)

NMFS Actions

    NMFS announces the following changes to the 1995 fishery 
specifications and management measures for the limited entry fishery 
published at 60 FR 2331-2344, January 9, 1995, as modified. All other 
provisions remain in effect.
    1. In paragraphs IV.C.(2)(a)(i), (ii), and (iii) the measures 
dealing with canary rockfish are revised as follows:
    (i) North of Cape Lookout. The cumulative trip limit for the 
Sebastes complex taken and retained north of Cape Lookout is 35,000 lb 
(15,876 kg) per vessel per month. Within this cumulative trip limit for 
the Sebastes complex, no more than 18,000 lb (8,165 kg) may be 
yellowtail rockfish taken and retained north of Cape Lookout, and no 
more than 9,000 lb (4,082 kg) may be canary rockfish.
    (ii) Cape Lookout to Cape Mendocino. The cumulative trip limit for 
the Sebastes complex taken and retained between Cape Lookout and Cape 
Mendocino is 50,000 lb (22,680 kg) per vessel per month. Within this 
cumulative trip limit for the Sebastes complex, no more than 40,000 lb 
(18,144 kg) may be yellowtail rockfish taken and retained between Cape 
Lookout and Cape Mendocino, and no more than 9,000 lb (4,082 kg) may be 
canary rockfish.
    (iii) South of Cape Mendocino. The cumulative trip limit for the 
Sebastes complex taken and retained south of Cape Mendocino is 100,000 
lb (45,359 kg) per vessel per month. Within this cumulative trip limit 
for the Sebastes complex, no more than 30,000 lb (13,608 kg) may be 
bocaccio taken and retained south of Cape Mendocino, and no more than 
9,000 lb (4,082 kg) may be canary rockfish.
    2. Paragraph IV.G.(1) on the lingcod limited entry fishery is 
revised as follows:
    (1) Limited entry fishery. The cumulative trip limit for lingcod is 
20,000 lb (9,072 kg) per vessel per month. Within this cumulative trip 
limit, no more than 100 lb (45 kg) of trawl-caught lingcod smaller than 
22 inches (56 cm) total length may be taken and retained, possessed, or 
landed per vessel per fishing trip. Length measurement is explained at 
paragraph IV.A.(6).
    3. Paragraphs IV.G.(1)(b)(i) and (ii) on lingcod weight conversion 
are revised as follows:
    (i) Headed and gutted. The product recovery rate (PRR) for headed 
and gutted lingcod is 1.5. Therefore, the cumulative trip limit for 
headed and gutted lingcod is 13,333.3 lb (6,048 kg) processed weight 
per vessel per month, which corresponds to 20,000 lb (9,072 kg) round 
weight. Within this cumulative trip limit, no more than 67 lb (30 kg) 
of trawl-caught lingcod that is headed and gutted, and smaller than 18 
inches (46 cm) (measured according to paragraph G.(1)(a)), may be taken 
and retained, possessed, or landed per vessel per fishing trip. (The 
State of Washington currently uses a PRR of 1.5.)
    (ii) Gutted, with the head on. The PRR for lingcod that has only 
been eviscerated is 1.1. Therefore, the cumulative trip limit for 
gutted lingcod is 18,182 lb (8,246 kg) processed weight per vessel per 
month, which corresponds to 20,000 lb (9,072 kg) round weight. Within 
this cumulative trip limit, no more than 91 lb (41 kg) of trawl-caught 
lingcod smaller than 22 inches (56 cm) (measured according to paragraph 
IV.A.(6)) that is gutted (with the head on) may be taken and retained, 
possessed, or landed per vessel per fishing trip.

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. At 
its August and October 1994 meetings, the Council reviewed the analysis 
for, and subsequently recommended, designating trip and size limits 
``routine'' for canary rockfish, lingcod, and several other species and 
species groups. However the rulemaking procedures designating these 
actions routine have not been completed. (A routine designation means 
that a particular management measure such as trip and size limits may 
be changed inseason after a single Council meeting.) In its 
discussions, the Council anticipated the potential need for rapid 
adjustments to trip and size limits during the season to keep landings 
within the species' harvest guideline, to 

[[Page 39877]]
minimize disruption of traditional fishing and marketing patterns, and 
to protect juvenile fish. The public had the opportunity to comment at 
those meetings. There was an opportunity for additional public comment 
and review of supporting documents (catch projections) at the June 1995 
Council meeting, during which these issues were discussed further. 
Therefore, these actions may be taken under the abbreviated rulemaking 
procedures at section III.B.(3) of the appendix to 50 CFR part 663.
    The increase to the canary rockfish cumulative trip limit and the 
100-lb trip limit for small lingcod both relax restrictions that 
currently are in effect, and both were contemplated at three Council 
meetings during which the public had opportunity to comment. Public 
comments were considered, and are the basis for establishing the trip 
limit for small lingcod. NMFS therefore finds good cause under 5 U.S.C. 
553(b)(B) to waive the requirements for publication of a general notice 
of proposed rulemaking. For the same reasons, according to 5 U.S.C. 
553(d)(1), these actions are not subject to the 30-day delayed 
effectiveness requirement of the Administrative Procedure Act. This 
action is exempt from review under E.O. 12866.

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

    Dated: July 28, 1995.
Donald J. Leedy,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-19165 Filed 7-31-95; 3:07 pm]
BILLING CODE 3510-22-F