[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Proposed Rules]
[Pages 1739-1742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-885]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 960111002-6002-01; I.D. 112495B]
RIN 0648-AG31


Pacific Coast Groundfish Fishery; Designation of Routine 
Management Measures

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a proposed rule that would designate certain 
management measures as ``routine'' in the Pacific coast groundfish 
fishery off Washington, Oregon, and California. Once management 
measures have been designated as routine, they may be modified after a 
single meeting and recommendation of the Pacific Fishery Management 
Council (Council). Such action is authorized under the Pacific Coast 
Groundfish Fishery Management Plan (FMP) and is intended to provide for 
responsive inseason management of the groundfish resource.

DATES: Comments must be received by March 8, 1996.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Director, 
Northwest Region, National Marine Fisheries Service, 7600 Sand Point 
Way NE., BIN C15700, Seattle, WA 98115-0070; or Hilda Diaz-Soltero, 
Director, Southwest Region, National Marine Fisheries Service, 501 W. 
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Information 
relevant to this proposed rule has been compiled in aggregate form and 
is available for public review during business hours at the Office of 
the Director, Northwest Region, NMFS. Copies of the Environmental 
Assessment/Regulatory Impact Review (EA/RIR) can be obtained from the 
Council, 2000 SW First Avenue, Suite 420, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140, 
or Rodney R. McInnis at 310-980-4030.

SUPPLEMENTARY INFORMATION: The FMP authorizes the designation of 
certain management measures as ``routine.'' Routine management measures 
are specific for species, gear types and purposes. Implementation and 
adjustment of those routine measures may occur after consideration at a 
single Council meeting, subsequent approval by NMFS and announcement in 
the Federal Register. Adjustments must be within the scope of the 
analysis performed when the management measure originally is designated 
routine. A list of routine management measures is found at 50 CFR 
663.23, specifying the species and gear types to which they apply.
    At its August 1994 meeting, the Council announced its preliminary 
recommendation to designate the management measures contained in this 
proposed rule as routine. A draft EA/RIR was distributed to the public. 
At its October 1994 meeting, after hearing public testimony, the 
Council confirmed its preliminary recommendations to establish 
additional routine designations as follows: (1) Trip limits for all 
groundfish species, separately or in any combination, taken with open 
access gear; and (2) trip and size limits for lingcod, and trip limits 
for canary rockfish, shortspine thornyheads and longspine thornyheads 
taken with any legal gear in the limited entry (or open access) 
fisheries.
    The most common type of routine management measure is ``trip 
landing and frequency limits,'' which applies to the harvest of most 
major groundfish species. Trip landing and frequency limits (trip 
limits) include limits on the 

[[Page 1740]]
amount of fish that a vessel may legally land per fishing trip or 
cumulatively per unit of time, and/or limits on the number of landings 
that may be made by a vessel in a given period of time. Taken to an 
extreme, a fishery may be closed (equivalent to a ``zero trip limit'') 
under this routine designation.
    Size limits have been designated as routine in the recreational 
fishery for lingcod and in the commercial and open access fisheries for 
sablefish. Size limits often are used in conjunction with trip limits 
to prevent the harvest of immature fish or fish that have not reached 
their full reproductive capacity. Size limits also are used to slow the 
harvest rate and prolong the fishery. Whenever size limits are used, it 
is understood that conversion factors and methods of measurement may be 
established or adjusted routinely on a case-by-case basis.
    A. Open Access Fishery--trip limits for all groundfish, separately 
or in any combination. Trip limits for most groundfish species with 
harvest guidelines have already been designated routine for the limited 
entry and open access fisheries. (These species/species groups are: 
Widow rockfish, the Sebastes complex, yellowtail rockfish, Pacific 
ocean perch, sablefish, Dover sole, thornyheads, bocaccio, and Pacific 
whiting.) The primary purpose of those trip limits is to keep landings 
within the levels specified by the Secretary of Commerce (Secretary). 
However, not all species caught in the open access fishery have a 
harvest guideline (because there is inadequate information or no need 
for close management), and not all species with a harvest guideline 
have an individual open access allocation (because very little catch 
has occurred historically or is expected in the open access fishery). 
Individual trip limits for these minor species generally would be too 
small to be manageable. Therefore, open access trip limits have been 
set for larger groups of species, ``all rockfish'' and ``all 
groundfish'' in 1995, under the assumption that the species composition 
of the catch would remain similar to recent historical levels. 
Consequently, a number of species whose trip limits have not been 
individually designated routine are included under the trip limits for 
``all rockfish'' and ``all groundfish'' in the open access fishery. 
These are minor species like grenadiers and shortbelly rockfish about 
which there is little biological information and little known harvest. 
However, without a routine designation for trip limits for these 
species, the trip limits for ``all rockfish'' and ``all groundfish'' 
may not be adjusted quickly during the season unless a resource problem 
exists (under the points of concern mechanism in the FMP). However, it 
is prudent to limit harvest before a conservation problem occurs, for 
example, by keeping landings within the harvest guideline. As discussed 
above, sometimes inseason adjustments are necessary to achieve the 
Council's non-biological goals such as keeping landings within the open 
access allocations, to maintain a long fishing season, and to 
discourage increases in effort. In addition, trip limits for individual 
species may need to be established and adjusted if the open access 
fishery for that species begins to expand beyond historical levels. 
Therefore, trip limits for all groundfish species, separately or in any 
combination, that are caught in the open access fishery must be 
designated routine in order to respond swiftly to changes in effort in 
the fishery, and such trip limits need not apply to the same groups of 
species managed by trip limits in the limited entry fishery.
    This ``blanket'' all-groundfish designation would add approximately 
137,150 mt of species with acceptable biological catch (ABC) or harvest 
guideline specifications (as of 1995) to routine management in the open 
access fishery. Of this, about 76,000 mt are underutilized species 
(jack mackerel and shortbelly rockfish) whose landings have not yet 
come close to their respective harvest guidelines, 35,000 mt are 
miscellaneous rockfish and flatfish with no individual harvest 
guideline, and about 15,000 mt are miscellaneous groundfish in the 
management unit but that do not have individual species ABCs or harvest 
guidelines. The remaining 11,000 mt are for Pacific cod, shortspine 
thornyheads, longspine thornyheads, and canary rockfish.
    Trip limits in the open access fishery have been set annually and 
are not expected to change drastically from current levels. The level 
of trip limits will vary, however, depending largely on the amount of 
species available, effort in the fishery, and attempts to prolong the 
fishery as long as possible. Therefore, it is important to be able to 
modify these limits during the season rather than awaiting an annual 
cycle.
    The purposes for making routine adjustments to trip limits would 
still apply (50 CFR 663.23(c)(1)(ii)): To keep landings within the 
levels announced by the Secretary; to extend the fishing season; to 
minimize disruption of traditional fishing and marketing patterns; to 
avoid discards; to discourage target fishing while allowing small 
incidental catches to be landed; and to allow small fisheries to 
operate outside the normal season. In addition, trip limits for the 
open access fishery are intended to maintain landings at historical 
(1984-88) proportions (50 CFR 663.23(c)(2)(ii)).
    B. Limited Entry and Open Access Fisheries--Trip and size limits 
for lingcod; trip limits for canary rockfish, shortspine thornyheads, 
and longspine thornyheads. Several species that had harvest guidelines 
in 1995, and are expected to have harvest guidelines again in 1996, and 
that are appropriately managed with trip limits have not yet been 
designated for individual routine management. These species are 
lingcod, canary rockfish, shortspine thornyheads and longspine 
thornyheads. (Size limits for lingcod will also need to be designated 
as routine for the commercial fishery; they already are routine in the 
recreational fishery.) Clearly, these species should be managed 
consistently, especially those caught together in a species complex. 
This is even more critical because stock assessments for lingcod, 
canary rockfish, and shortspine thornyheads indicate harvests have been 
close to the estimated levels of overfishing in recent years.
    Information on each species and management measure proposed for 
routine designation is summarized below. More detailed information 
appears in the EA/RIR for this rule and in the Stock Assessment and 
Fishery Evaluation documents for the 1995 and 1996 fisheries available 
from the Council (see ADDRESSES).
    (1) Lingcod. A new stock assessment in 1994 resulted in a 
significant decrease in the harvest guideline (from 4,000 mt in 1994 to 
2,400 mt in 1995) due to heavy exploitation, particularly north of Cape 
Falcon, OR (45 deg.46' N. lat.). The average catch of 2,736 mt north of 
Cape Falcon during 1989-93 was below, but near, the overfishing level. 
Management is complicated because this is a transboundary stock that 
also is harvested in Canadian waters. A harvest guideline was 
established for lingcod for the first time in 1994 in response to 
indications of reduced abundance and concerns of effort shifts into the 
open access fishery for this species. Until 1995, there were no Federal 
trip or size limits on the commercial fishery. Recreational bag limits 
(3-5 fish) applied in all three states, and a size limit of 22 inches 
(56 cm) applied only in California. During the annual management cycle 
in 1995, a 20,000-lb (907-kg) cumulative monthly trip limit was 
implemented. The 22-inch (56-cm) size limit was applied coastwide in 
both commercial and recreational fisheries, with a ``per trip'' limit 
of 100 lb (45 kg) for trawl-

[[Page 1741]]
caught lingcod. Recreational bag and size limits for lingcod already 
are designated routine, but not commercial trip and size limits.
    As in the recreational fishery, size limits may be appropriate in 
the commercial fishery to protect juvenile fish and the reproductive 
potential of the stock. The size composition of lingcod in the 
Monterey-Columbia subareas in 1992-93 was smaller than observed in 
limited samples in 1978-83. There is concern that the young average age 
and size of the catch indicates a substantial level of fishing 
mortality. The 22-inch (56 cm) size limit used in the recreational 
fishery is a reasonable starting point for the commercial fishery. More 
information may be needed to refine size limits, because trawl 
selectivity and/or relative year class strength may differ along the 
coast, depending on the fishery and gender of the fish, and some data 
indicate that size at 50 percent maturity increases from south to 
north. It is important to be able to respond to new information as it 
becomes available, particularly when this resource appears to be 
harvested near its overfishing level.
    (2) Canary rockfish. Canary rockfish is a component of the multi-
species Sebastes complex, which already is managed under routine trip 
limits. A 1994 stock assessment for canary rockfish indicated a 
substantial decline in stock biomass and that continuation at current 
ABC levels (set in 1990) would result in overfishing. Therefore, a 
separate harvest guideline for canary rockfish was set for the first 
time in 1995, with separate limits for canary rockfish (6,000 lb (2,722 
kg) per month cumulative coastwide) that are counted toward the total 
limit for the Sebastes complex. The canary harvest guideline for the 
Vancouver-Columbia subareas of 1,250 mt in 1995 is about half the 
recent annual catch of 2,500 mt in 1992 and 1993. Although landings are 
well below the harvest guideline in 1995, the ability to modify trip 
limits during the season is essential to respond to changes in fishing 
behavior and to keep landings within the harvest guideline.
    (3) Thornyheads (shortspine and longspine). Thornyheads were 
managed together until 1995 when separate harvest guidelines were 
established for each species. Trip limits for thornyheads combined 
already are designated routine. Although trip limits for shortspine 
thornyheads have been adjusted under the routine designation for 
thornyheads combined, NMFS proposes to revise the regulations to 
clarify that the routine designation applies to each species 
separately.
    Thornyheads are a component of the DTS complex that includes Dover 
sole, both species of thornyheads, and trawl-caught sablefish. 
Longspine thornyheads are more abundant and are being fished down to 
the level that would produce their maximum sustainable yield. There is 
no conservation problem with longspine thornyheads. However, shortspine 
thornyheads, which are caught with longspine thornyheads, are less 
abundant and have been fished close to their overfishing level in 
recent years. The 1995 harvest of shortspine thornyheads is expected to 
slightly exceed the overfishing level (60 FR 58527, November 28, 1995). 
Landings of longspine thornyheads are restricted to protect shortspine 
thornyheads.
    Thornyheads have become the most valuable species in the DTS 
complex and effort on them has intensified, resulting in the need for 
sometimes frequent inseason adjustment. Trip limits have been adjusted 
to divert effort to deeper water where longspine thornyheads are more 
abundant relative to shortspine thornyheads. In 1995, the cumulative 
monthly trip limits ranged from 20,000-8,000 lb (9,072-3,629 kg) for 
thornyheads combined, of which no more than 4,000-1,500 lb (1,814-680 
kg) could be shortspine thornyheads. Even so, landings of shortspine 
thornyheads have been very difficult to control, and the entire DTS 
complex fishery will be closed in late 1995 to protect shortspine 
thornyheads. Management of thornyheads will be even more restrictive in 
1996.
    C. Clarification. Reducing discards already is included in the 
regulations as a reason for making routine inseason adjustments to trip 
limits in commercial fisheries (50 CFR 663.23(c)(1)(ii)(A)). However, 
this reason was inadvertently omitted from the regulations governing 
routine groundfish trip limits that apply to the shrimp fishery. The 
ability to adjust trip limits to avoid discards is important, because, 
if set too low, a trip limit may actually result in increased discards 
of fish caught unavoidably in excess of the limit, resulting in no net 
reduction of total catch. ``Reducing discards'' is changed to 
``avoiding discards'' to better describe the reason for making a 
routine change. Reduction of discards is not easily measured or 
determined. This rule would establish avoidance of discards as a reason 
for setting or adjusting trip limits in all commercial fisheries 
(including the harvest of groundfish with nongroundfish trawl gear), 
not just for those species listed individually at 50 CFR 
663.23(c)(1)(i). Also, for simplification, this rule would combine the 
purposes for routine management measures listed in paragraphs 
(c)(1)(ii) and (c)(2)(ii), making clear that maintaining landings at 
historical levels applies only to the open access fishery.

Classification

    The Assistant Administrator for Fisheries, NOAA has initially 
determined that this action is consistent with the FMP, the national 
standards and other provisions of the Magnuson Act, and other 
applicable law.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The socio-economic impacts are discussed in the EA/RIR. 
Based on the Council's analysis, NMFS has considered the costs to the 
limited entry and open-access fleets and believes that there is no 
additional cost to the industry from taking this proposed action. As a 
result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 663

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 17, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

PART 663--PACIFIC COAST GROUNDFISH FISHERY

    1. The authority citation for part 663 continues to read as 
follows:

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

    2. In Sec. 663.23, paragraphs (c)(1)(i)(G)through (I) and paragraph 
(c)(1)(ii)(A) are revised, paragraphs (J), (K), and (L) are added; 
paragraph (c)(2) is removed, and paragraph (c)(3) is redesignated as 
paragraph (c)(2) to read as follows:


Sec. 663.23  Catch restrictions.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (G) Thornyheads (shortspine thornyheads or longspine thornyheads, 
separately or combined)--all gear--trip landing and frequency limits;
    (H) Bocaccio--all gear--trip landing and frequency limits;
    (I) Pacific whiting--all gear--trip landing and frequency limits;
    
[[Page 1742]]

    (J) Lingcod--all gear--trip landing and frequency limits; size 
limits;
    (K) Canary rockfish--all gear--trip landing and frequency limits; 
and
    (L) All groundfish, separately or in any combination--any legal 
open access gear (including non-groundfish trawl gear used to harvest 
pink shrimp, spot or ridgeback prawns, California halibut or sea 
cucumbers in accordance with the regulations in this subpart)--trip 
landing and frequency limits. (Size limits designated routine in this 
section continue to apply.)
    (ii) * * *
    (A) Trip landing and frequency limits--to extend the fishing 
season; to minimize disruption of traditional fishing and marketing 
patterns; to reduce discards; to discourage target fishing while 
allowing small incidental catches to be landed; to allow small 
fisheries to operate outside the normal season; and, for the open 
access fishery only, to maintain landings at historical (1984-88) 
proportions.
* * * * *
[FR Doc. 96-885 Filed 1-22-96; 8:45 am]
BILLING CODE 3510-22-F