[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46538-46540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22188]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 941265-4365; I.D. 083095B]


Pacific Coast Groundfish Fishery; Thornyhead Trip Limits and 
Nontrawl Sablefish Mop-Up Fishery

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

ACTION: Inseason adjustments and nontrawl sablefish mop-up fishery; 
request for comments.

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SUMMARY: NMFS announces adjustments to the management measures for the 
Pacific coast groundfish fishery off Washington, Oregon, and 
California. This action will reduce the limited entry trip limits for 
thornyheads, establish beginning and ending dates and trip limits 
applicable to the mop-up fishery for nontrawl limited entry sablefish, 
and set trip limits for the nontrawl limited entry sablefish fishery 
after the mop-up fishery. These actions are intended to extend the 
thornyhead fishery as long as possible during the year, and to provide 
for harvest of the remainder of the limited entry nontrawl allocation 
for sablefish.

DATES: The thornyhead trip limits are effective from 0001 hours (local 
time), September 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. The nontrawl 
sablefish mop-up fishery will begin at 1201 hours (local time), 
September 1, 1995, and will end at 1200 hours (local time), September 
30, 1995, at which time the daily trip limits resume. The daily trip 
limits for the nontrawl sablefish fishery will remain in effect 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 
Septemnber 18, 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 at 206-526-6140; 
or Rodney R. McInnis at 310-980-4040.

SUPPLEMENTARY INFORMATION:
    Thornyheads. The Annual Specifications and Management Measures for 
the Pacific Coast Groundfish Fishery (60 FR 2331-2344, January 9, 
1995), as amended, established management measures for the 1995 limited 
entry fishery for Dover sole, thornyheads, and trawl-caught sablefish 
(the DTS complex). At its August 1995 meeting in San Francisco, CA, 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 thornyhead fishery, as explained below.
    The DTS complex is managed collectively because the four species 
often are caught together in the trawl fishery. (Thornyheads include 
both shortspine and longspine thornyheads.) In 1995, the 1,500 metric 
ton (mt) harvest guideline for shortspine thornyheads was set higher 
than the 1,000-mt acceptable biological catch (ABC), largely because of 
uncertainty in the new stock assessment. The stock assessment indicates 
that the shortspine thornyhead biomass is below the level consistent 
with maximum sustainable yield (MSY). The harvest guideline for 
shortspine thornyheads is near the MSY level, but below its overfishing 
level of about 1,800 mt. In contrast, longspine thornyheads remain 
above MSY and are being fished down to the level that would produce 
MSY. However, the 6,000-mt harvest guideline for longspine thornyheads 
in 1995 is set below its ABC of 7,000 mt, primarily to protect the 
fully exploited shortspine thornyheads.
    At the beginning of 1995, the cumulative trip limit for thornyheads 
combined was set at 20,000 lb (9,072 kg) per vessel per month, of which 
no more than 4,000 lb (1,814 kg) could be shortspine thornyheads (60 FR 
2331, January 9, 1995). On April 1, 1995 (60 FR 16811, April 3, 1995), 
the monthly cumulative trip limit for combined thornyheads was reduced 
by 25 percent to 15,000 lb (6,804 kg), of which no more than 3,000 lb 
(1,361 kg) could be shortspine thornyheads. Landings have not slowed 
significantly.
    The best available information at the August 1995 Council meeting 
indicated that if landing rates are not slowed the harvest guidelines 
for both thornyhead species, and the overfishing level for shortspine 
thornyheads, will be exceeded by the end of the year. If landing rates 
are not slowed, the harvest guideline for shortspine thornyheads will 
be reached by September 20, 1995, and exceeded by 39 percent by the end 
of the year. The overfishing level for shortspine thornyheads will be 
exceeded by 16 percent by the end of the year. The harvest guideline 
for longspine thornyheads will be reached by November 7, 1995, and 
exceeded by 19 percent by the end of the year. To stay within the 
harvest guidelines for both species, landings will need to be reduced 
by 84 percent for shortspine thornyheads, and 46 percent for longspine 
thornyheads.
    The Council considered several alternatives, including immediate 
prohibition of landings of shortspine thornyheads or the entire DTS 
complex, and a reduction in trip limits. The Council recommended that 
the cumulative monthly trip limits for thornyheads be cut almost in 
half, from 15,000 lb (6,804 kg) to 8,000 lb (3,629 kg) for thornyheads 
combined, and from 3,000 lb (1,361 kg) to 1,500 lb (680 kg) for 
shortspine thornyheads. The level of discards that would result from 
such a small trip limit on shortspine thornyheads is unknown. It is 
intended that fishers move their operations to deeper water where 
shortspine 

[[Page 46539]]
thornyheads are not as abundant. That way, the catch of shortspine 
thornyheads and discards in excess of the trip limit would be reduced. 
Under this option, the shortspine thornyhead harvest guideline would be 
exceeded by about 10 percent by the end of November, but the 
overfishing level would not be reached. The Council will again consider 
thornyhead and DTS management at its October 1995 meeting in Portland, 
OR, and may recommend additional restrictions at that time, including 
possible closure of the DTS fishery before the end of the year.
    NMFS concurs with the Council's recommendation to avoid reaching 
the overfishing level for shortspine thornyheads, while extending the 
fishery as long as possible and providing for achievement of the 
harvest guideline for longspine thornyheads. This action is intended to 
minimize trip limit induced discards of shortspine thornyheads by 
encouraging the use of different fishing strategies. No change is made 
to the cumulative monthly trip limit for the DTS complex or trawl-
caught sablefish. As a result, the amount of Dover sole that may be 
landed increases, compensating for the reduction in the cumulative 
limits for thornyheads. 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.
    Nontrawl Sablefish Mop-Up Fishery. The regulations at 50 CFR 
663.23(b)(2) established a new season structure for the limited entry 
nontrawl sablefish fishery in 1995. The beginning of the ``regular 
season,'' a derby fishery during which the only trip limit is for 
sablefish smaller than 22 inches (56 cm), was unlinked from the start 
of the sablefish fishery in the Gulf of Alaska (which could have been 
as early as late February in 1995) and changed to August 6. Because of 
expected increases in effort and the difficulty in projecting catch 
rates during a short, intense season (7 days in 1995), the regular 
season was designed to harvest only 70 percent of the limited entry 
nontrawl allocation. The remainder of the nontrawl allocation was set 
aside as a buffer in case landings were much higher than projected. The 
Regional Director is authorized to release the buffer, if sufficient 
amounts remain, about 3 weeks after the end of the regular season, to 
be taken in a mop-up fishery consisting of one cumulative trip limit 
for each vessel.
    Following the mop-up fishery, daily trip limits are reimposed until 
the end of the year. 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. Daily trip limits may 
not be accumulated. If a trip lasts more than one day, only one daily 
trip limit is allowed.
    The best available information on September 28, 1995, indicated 
that approximately 2,274 mt of sablefish had been landed through August 
19, 1995, and that about 78 percent of the limited entry nontrawl 
allocation of 2,754 mt was taken during the regular season. (This 
includes one week under daily trip limits after the end of the regular 
season.) Therefore, 480 mt remains to be caught after August 19, 1995. 
The Regional Director, after consulting with the Council's Groundfish 
Management Team, has determined that the mop-up fishery will occur in 
September 1995, and that a cumulative monthly trip limit of 5,500 lb 
(2,495 kg) would provide for approximately 175 participating vessels, 
leaving enough for small daily trip limits between August 19 and 
September 1, 1995, and from 1200 hours September 30, 1995, until the 
end of the year. The trip limit for sablefish smaller than 22 inches 
(56 cm) total length (or 15.5 inches (39 cm) for sablefish that are 
headed) that was in effect during the regular season continues during 
the mop-up season, but not under the daily trip limits. This trip limit 
is described in the paragraph preceding the Classification section. 
Once a vessel has landed its 5,500-lb (2,495 kg) cumulative limit, it 
may not land more sablefish until the daily trip limits resume on 
September 30, 1995. A cumulative trip limit applies per limited entry 
vessel. Therefore, acquiring additional limited entry permits does not 
entitle a vessel to more than one cumulative limit. (See the definition 
for a cumulative trip limit at the end of the discussion on 
thornyheads.)
    The daily trip limits for the limited entry fishery after the mop-
up season are the same as those in effect before the mop-up season. 
Since the daily trip limits apply to a 24-hour day starting at 0001 
hours, but the mop-up fishery begins and ends at 1200 hours, it will be 
legal for a vessel in the limited entry fishery to land a daily trip 
limit between 0001 hours and 1200 hours on September 1, 1995, just 
before the start of the mop-up season, and between 1201 hours and 2400 
hours on September 30, 1995 following the mop-up season.
    As specified in the annual management measures (60 FR 2331, January 
9, 1995) at paragraph IV.I., a vessel operating in the open access 
fishery must not exceed any trip limit, frequency limit, and/or size 
limit for the open access fishery or for the same gear and/or subarea 
in the limited entry fishery.

NMFS Actions

    NMFS announces: (1) The following changes to the management 
measures for the limited entry fishery for thornyheads (60 FR 2331-
2344, January 9, 1995) as modified (60 FR 16811, April 3, 1995), and 
(2) the dates of the nontrawl sablefish limited entry mop-up fishery 
and the amounts of sablefish that may be taken with nontrawl gear 
during and after the limited entry mop-up fishery in 1995 (60 FR 34472, 
July 3, 1995). All other provisions remain in effect.
    1. Thornyheads. In paragraphs IV.E.(3)(b)(ii)(A) and (B), the 
cumulative monthly trip limits for thornyheads are revised as follows:
    (A) North of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained north of Cape Mendocino is 35,000 lb (15,876 
kg) per vessel per month. Within this cumulative trip limit, no more 
than 7,000 lb (3,175 kg) may be sablefish, and no more than 8,000 lb 
(3,629 kg) may be thornyheads. No more than 1,500 lb (680 kg) of the 
thornyheads may be shortspine thornyheads.
    (B) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 50,000 lb (22,680 
kg) per vessel per month. Within this cumulative trip limit, no more 
than 7,000 lb (3,175 kg) may be sablefish, and no more than 8,000 lb 
(3,629 kg) may be thornyheads. No more than 1,500 lb (680 kg) of the 
thornyheads may be shortspine thornyheads. (Note: Cape Mendocino, CA, 
is at 40 deg.30' N. lat.)
    2. Nontrawl sablefish mop-up season. In paragraph IV.E.(3)(c), the 
trip limits for sablefish caught with nontrawl gear in the limited 
entry fishery are revised as follows:
    (i) Mop-Up Fishery. Effective 1201 hours September 1, 1995, until 
12 noon September 30, 1995, the cumulative trip limit for sablefish 
caught with nontrawl gear in the limited entry fishery is 5,500 lb 
(2,495 kg) per vessel.
    (Note: The States of Washington, Oregon, and California use a 
conversion factor of 1.6 to convert dressed sablefish to its round-
weight equivalent. Therefore, 5,500 lb (2,495 kg) round weight 
corresponds to 3,438 lb (1,559 kg) for dressed sablefish.)
    (ii) Daily trip limits. Effective 1201 hours September 30, 1995, 
daily trip 

[[Page 46540]]
limits, which apply to sablefish of any size, are reimposed as follows:
    (A) 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).
    (B) 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 and mop-up seasons the trip limit for 
sablefish smaller than 22 inches (56 cm) total length is 1,500 lb (680 
kg) or 3 percent of all legal sablefish on board, whichever is greater, 
per vessel per fishing trip. (See paragraph IV.A.(6) of the annual 
management measures at (60 FR 2331, January 9, 1995) regarding length 
measurement.

Classification

    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. 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 (see ADDRESSES) during business hours. 
Because of the need for immediate action to reduce the harvest of 
shortspine thornyheads and to start the mop-up fishery for sablefish, 
and because the public had an opportunity to comment on these actions 
at the August 1995 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. These actions are taken under the authority of 50 CFR 
663.(b)(2) and (c)(1)(i)(G), and are exempt from review under E.O. 
12866.

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

    Dated: August 31, 1995.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 95-22188 Filed 9-1-95; 3:44 pm]
BILLING CODE 3510-22-F