[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58526-58528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29057]



      
      
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 941265-4365; I.D. 111795A]


Pacific Coast Groundfish Fishery; Closure and Trip Limit 
Reduction

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

ACTION: Closure; fishing restrictions; request for comments.

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SUMMARY: NMFS announces the closure of the commercial fishery for 
thornyheads and trawl-caught sablefish, and a reduction in the trip 
limit for Dover sole in the groundfish fishery off Washington, Oregon, 
and California. This action is authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP). The closure and trip limit 
are designed to keep landings as close as possible to the 1995 harvest 
guidelines for these species which are caught together, while extending 
the fisheries as long as possible during the year.

DATES: Effective from 0001 hours (local time) December 1, 1995, until 
the effective date of the 1996 annual specifications and management 
measures for the Pacific Coast groundfish fishery, as published in the 
Federal Register. Comments will be accepted through December 13, 1995.

ADDRESSES: Submit comments to William Stelle, Jr., Director, Northwest 
Region (Regional Director), National Marine Fisheries Service, 7600 
Sand Point Way NE., BIN-C15700, Seattle, WA 98115-0070; or Hilda Diaz-
Soltero, Regional Director, Southwest Region, National Marine Fisheries 
Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.

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

SUPPLEMENTARY INFORMATION: Dover sole, thornyheads (shortspine and 
longspine), and trawl-caught sablefish are managed together as the DTS 
complex. Trip landing and frequency limits (hereafter referred to as 
trip limits) for the complex, and the species which it includes, are 
designated as routine management measures at 50 CFR 663.23(c). Routine 
management measures may be adjusted after consideration at a single 
meeting of the Pacific Fishery Management Council (Council). At its 
October 1995 meeting in Portland, OR, the Council recommended that the 
following actions take effect on December 1, 1995, for the reasons 
stated below.
    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 stock assessment. 
The harvest guideline for shortspine thornyheads is near the level that 
would produce the maximum sustainable yield (MSY) and the overfishing 
level is about 1,800 mt. The longspine thornyhead population remains at 
or above the level that would produce MSY. However, in 1995, longspine 
thornyheads have a 6,000-mt harvest guideline, which is below its ABC 
of 7,000 mt, primarily to protect the fully exploited shortspine 
thornyheads.
    On January 4, 1995, (60 FR 2331, January 9, 1995), the cumulative 
trip limit for both thornyhead species 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. The catch of thornyheads is 
counted toward the cumulative trip limit for the DTS complex (35,000 lb 
(15,876 kg) per vessel per month north of Cape Mendocino 
(40 deg.30'00'' N. lat.) and 50,000 lb (22,680 kg) per vessel per month 
south of Cape Mendocino). A cumulative trip limit is the maximum amount 
that may be taken and retained, possessed or landed per vessel in a 
specified period of time, without a limit on the number of landings or 
trips.
    The cumulative monthly trip limit for thornyheads was reduced by 25 
percent on April 1, 1995, to 15,000 lb (6,804 kg) for thornyheads 
combined, of which no more than 3,000 lb (1,361 kg) could be shortspine 
thornyheads (60 FR 16811, April 3, 1995). At its August meeting, the 
Council stated that, if landings of shortspine thornyheads were not 
drastically reduced, the entire DTS fishery could be closed before the 
end of the year. The trip limit for thornyheads combined was reduced 
again, by almost half, on September 1, 1995, to 8,000 lb (3,629 kg), of 
which no more than 1,500 lb (680 kg) could be shortspine thornyheads 
(60 FR 46538, September 7, 1995). At that time, the Council expected 
that, if the fishery continued to the end of November, the harvest 
guideline would be exceeded by about 10 percent, but the overfishing 
level would not be reached.
    The best available information at the October 1995 Council meeting 
indicated that, although 1995 landings of shortspine thornyheads 
through September were 39 percent lower than in 1994, the 1,500 mt 
harvest guideline had been reached by September 20, 1995, and would be 
exceeded by 24 percent by the end of the year if landings were not 
slowed. The overfishing level of about 1,800 mt was projected to be 
reached in mid- to late November, but could have been reached earlier 
depending on assumptions made about trip-limit induced discards.
    The best available information at the October Council meeting also 
indicated that the other species in the DTS complex were approaching 
their harvest guidelines: The harvest guideline for longspine 
thornyheads would be reached on December 20, 1995, the limited entry 
trawl allocation for sablefish would be reached on November 29, 1995, 
and the harvest guideline for Dover sole in the Columbia Subarea would 
be reached in late December, although only 76 percent of the coastwide 
harvest guideline for Dover sole would be taken by the end of the year.
    After considerable deliberation, the Council recommended closing 
the limited entry and open access fisheries for thornyheads and trawl-
caught sablefish on December 1, 1995, while allowing a small 3,000-lb 
(1,361-kg) monthly cumulative limit for Dover sole, because it is 
caught incidentally in rockfish and Petrale sole fisheries. The 
overfishing level of shortspine thornyheads will be exceeded by as much 
as 170 mt and the trawl allocation for sablefish will be reached but 
not exceeded. However, the harvest guidelines for longspine thornyheads 
and Dover sole will not be reached in 1995, resulting in a loss to the 
industry of at least 200 mt of longspine thornyheads and an 
undetermined amount of Dover sole (possibly as high as 1,000 mt, 
although catch under the 3,000 lb (1,361 kg) cumulative limit is not 
known). The overall trip limit for the DTS complex no longer has 
meaning and is removed.
    Other actions were considered by the Council. Further reduction of 
the cumulative trip limit for shortspine thornyheads was not 
recommended because it was believed it would only result in increased 
discards. Closing the thornyhead and trawl-caught sablefish fisheries 
immediately on November 1, rather than December 1, was not recommended 
for the following reasons: (1) This was the first year that the two 
thornyhead species had been managed separately, and landings of 
shortspine have been reduced considerably, from 3,700 mt in 1993 to 
2,700 mt in 1994, to 1,900 mt in 1995 (if landings are not slowed); (2) 
only about 130 mt of shortspine thornyheads would be saved 

[[Page 58528]]
by closing the fishery on November 1 rather than December 1, resulting 
in a loss to the industry of an additional 400 mt of longspine 
thornyheads, 400 mt of trawl-caught sablefish, and an undetermined 
amount of Dover sole (since landing rates under the 3,000-lb (1,361-kg) 
monthly cumulative limit are not known); (3) the harvest guideline for 
longspine thornyheads already is lower than its ABC to protect 
shortspine thornyheads; (4) uncertainty in the thornyhead stock 
assessments also applies to the overfishing level; and (5) aggressive 
action to further reduce landings of shortspine thornyheads will be 
taken in January 1996, starting the year with a cumulative trip limit 
at half the level in 1995. Even with this reduction, the Council agreed 
that the DTS fishery is unlikely to last longer than 10 months in 1996, 
and may be shorter.
    As stated 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. Therefore, landings of shortspine or longspine 
thornyheads or trawl-caught sablefish in the open access fishery are 
prohibited, and the cumulative trip limit for Dover sole may not be 
exceeded. (The only legal trawls in the open access fishery are non-
groundfish trawls used to fish for shrimp or prawns, California halibut 
or sea cucumbers.)

NMFS Action

    For the reasons above, the Regional Director concurs with the 
Council's recommendations and hereby announces the following changes to 
the management measures for Dover sole, thornyheads, and trawl-caught 
sablefish. Paragraph IV.E(3)(b) of the annual management measures (60 
FR 2331, January 9, 1995, as amended) is replaced with the following:
    ``(b) Dover sole, thornyheads, and trawl-caught sablefish. These 
provisions apply to Dover sole (Microstomus pacificus), shortspine 
thornyhead (Sebastolobus alascanus), longspine thornyhead (S. 
altivelis), and trawl-caught sablefish (Anoplopoma fimbria). Sablefish 
are also called blackcod. Thornyheads are also called idiots, channel 
rockfish, or hardheads.
    (i) Closure. It is unlawful for any person to take and retain, 
possess or land shortspine or longspine thornyheads or trawl-caught 
sablefish. This applies to limited entry and open access fisheries.
    (ii) Trip limits. No more than 3,000 lb (1,361 kg) cumulative of 
Dover sole may be taken and retained, possessed, or landed per vessel 
per calendar month. This limit may not be exceeded by any vessel 
fishing in the limited entry or open access fishery.''

Classification

    These actions are authorized by the FMP, 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 because the public 
had advance opportunity to comment on these actions at the August and 
October 1995 Council meetings and was notified that a fishery closure 
could occur before the end of the year, NMFS has determined that good 
cause exists for this document 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 
663.23(c)(1)(i)(E), (F), and (G), and are exempt from review under E.O. 
12866.

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

    Dated: November 21, 1995.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 95-29057 Filed 11-27-95; 8:45 am]
BILLING CODE 3510-22-F