[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Proposed Rules]
[Pages 8021-8023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4752]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 960221041-6041-01; I.D. 013196A]
RIN 0648-AI34


Pacific Coast Groundfish Fishery; Delay in Start of Regular 
Fishing Seasons for Nontrawl Sablefish and Pacific Whiting

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing regulations that would delay the start of 
the ``regular'' fishing seasons by 1 month or less for the nontrawl 
sablefish and the Pacific whiting (whiting) limited entry fisheries 3-
200 nautical miles off Washington, Oregon, and California (WOC). This 
proposed rule considers requests from the industry for delayed fishing 
seasons, which are intended primarily to enable nontrawl sablefish 
fishers to participate in other fisheries and to enhance the quality of 
whiting. These actions would be taken under the authority of the 
Pacific Coast Groundfish Fishery Management Plan (FMP) and the Magnuson 
Fishery Conservation and Management Act (Magnuson Act).

DATES: Comments must be submitted in writing by March 22, 1996.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Director, 
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Seattle, 
WA 98115-0070; or Hilda Diaz-Soltero, Director, Southwest Region, NMFS, 
501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Information 
relevant to this proposed rule is available for public review during 
business hours at the Office of the Director, Northwest Region, NMFS, 
and at the Office of the Director, Southwest Region, NMFS. Copies of 
the Environmental Assessment/Regulatory Impact Reviews (EA/RIRs) can be 
obtained from the Pacific Fishery Management Council (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:
    NMFS is proposing to delay the start of the regular fishing seasons 
for the limited entry fisheries for nontrawl sablefish and for whiting, 
as recommended by the Council at its October 1995 meeting in Portland, 
OR. The background and rationale for this proposed rule are summarized 
below. More details appear in the EA/RIRs for these actions.

Background

I. Nontrawl Sablefish Season

    The commercial sablefish harvest guideline (the annual harvest 
guideline reduced by the amount set aside for coastal treaty Indian 
tribes) is allocated between the limited entry and open access 
fisheries. The limited entry allocation has been further divided into 
allocations for trawl-gear and nontrawl-gear fisheries. Historically, 
the trawl-gear fishery has been managed with trip limits, the amount of 
fish that may be harvested during a fishing trip or set time period, 
primarily to extend the fishery throughout most of the year. The 
nontrawl-gear fishery, in contrast, has taken most of its allocation in 
what has become an intense, open competition called the regular or 
derby season, during which the only trip limit in effect applies to 
small sablefish (smaller than 22 inches (56 cm) total length in 1995 
and in 1996). Before 1995, the start of the WOC regular season was 
linked to the first nontrawl sablefish season opening in the Gulf of 
Alaska under 50 CFR part 672. In 1995, the start of the WOC regular 
season was changed to August 6, primarily for safety reasons (because 
winds generally are calmer along the coast at this time of year) and to 
avoid overlapping with other fisheries and fishing opportunities (60 

[[Page 8022]]
FR 34472, July 3, 1995). The regular season is followed 3-4 weeks later 
by a mop-up fishery to take the remainder of the nontrawl allocation, 
except for small amounts to be taken in the daily trip limits before 
and after the mop-up season.
    At its October 1995 meeting, the Council heard testimony that 
September 1 would be a preferable date for the start of the 1996 
regular season, because it would not conflict as much as August 6 with 
albacore tuna and expected salmon seasons. The weather, on average, 
coastwide appears to be as stable in September as in August, in keeping 
with the Council's goal of minimizing weather-related risk during the 
regular season. However, a later mop-up season may fall at a time when 
weather is less stable. Because the mop-up season provides a single, 
cumulative limit for each vessel, and a longer time in which to take 
the limit compared to the regular season, fishers are more likely to 
wait out the storms and fish when conditions are safer. Also, in 1996, 
tides would be slack on September 1 and therefore would provide a 
smoother, and possibly safer, transit to the grounds for those vessels 
crossing the bar at the mouth of the Columbia River. Even though the 
sablefish would be slightly larger if the fishery were delayed 3 weeks, 
this would have a negligible impact on recruitment. For the most part, 
this change in the regular season would be made to accommodate 
participation in alternate fisheries, while conducting the derby when 
weather is relatively stable.
    The closed period that applies before the regular season (to open 
access and limited entry vessels using fixed gear to take and retain 
sablefish) would remain in effect, but would be shifted from early 
August to late August.
    The Federal provisions for ending the regular season also remain 
the same. However, the State of Washington may establish special 
procedures for vessels that deliver in Puget Sound, because the transit 
time is longer than for most vessels operating on the coast. Under both 
the current and proposed regulations, a small trip limit comes into 
effect at the end of the regular season. Therefore, a vessel must be in 
port and offloading its sablefish at the time the regular season ends 
(that is, before the new lower trip limit is effective), which the 
Council supports for closing the season. Transit time has become a 
bigger concern as the regular season becomes shorter, only 7 days in 
1995. The transit time from the fishing grounds to ports in Puget Sound 
is substantially longer than the transit time for most vessels 
operating on the coast. As a result, vessels that normally would have 
delivered to processors in Puget Sound have had to choose between 
reducing their fishing time (by leaving the grounds early enough to get 
to their normal processors in Puget Sound), or delivering to a 
different processor closer to the fishing grounds. Therefore, the State 
of Washington is considering establishing special procedures for 
vessels landing in Puget Sound that would ensure that they were off the 
sablefish fishing grounds at the end of the regular season but may not 
require that they be in port offloading. These proposed Federal 
regulations would acknowledge the State regulation, and allow for 
vessels landing in Puget Sound to be governed by the Washington 
regulation.
    The Council is considering a number of other management strategies 
for this fishery in 1997 and beyond, but has not yet made its 
recommendation to NMFS. The Council may select yet another opening 
date, or a framework for determining an opening date, if the regular 
season fishing structure remains in effect in 1997.

II. Pacific Whiting Season

    Since 1991, harvest of the whiting resource has been allocated 
between user groups. Whiting has been allocated between vessels that 
deliver their catch shoreside and vessels that deliver their catch at 
sea (which includes catcher processors that both harvest and process 
their catch, and catcher vessels that deliver to motherships at sea). 
The shore-based sector has conducted a longer, slower season (extending 
through the summer and into the fall), whereas the at-sea sector has 
conducted a more intense, shorter fishery (less than a month in recent 
years). To satisfy both strategies, both sectors compete for the first 
60 percent of the commercial harvest guideline (the annual harvest 
guideline reduced by the amount set aside for harvest, if any, by 
coastal treaty Indian tribes). When 60 percent of the commercial 
harvest guideline is reached, at-sea processing of whiting is 
prohibited, and the remainder of the commercial harvest guideline is 
reserved for the shore-based sector. If not projected to be fully used, 
the surplus reserve may be released on or after August 15. The regular 
season currently begins on April 15 north of 42 deg. N. lat. (the 
Oregon/California border) and south of 40 deg. 30' N. lat. (the 
southern border of the Eureka statistical subarea), and on March 1 
between 42 deg. and 40 deg. 30' N. lat. At-sea processing is prohibited 
south of 42 deg. N. lat. Before and after the regular season, a small 
``per trip'' limit for whiting (currently 10,000 lb (4,536 kg)) is in 
effect.
    At its October 1995 meeting, the Council recommended that the start 
of the regular season for whiting north of 42 deg. N. lat. be delayed 
from April 15 to May 15. This delay was supported by most members of 
the industry testifying for both the at-sea and shore-based sectors. 
Some suggested an even later opening, but few preferred the current 
April 15 date. The 1-month delay was recommended for the following 
reasons: (1) Whiting spawn in the winter, primarily in January-
February. They are emaciated afterwards, taking several months to 
recover and to produce optimal flesh for processing. Although whiting 
generally are well on their way to recovery by April 15 north of 
42 deg. N. lat., the spawning stock as a whole is in better condition 
by mid-May. If the amount of whiting available for harvest is 
relatively low, the quality of the product and the product recovery 
rate are even more important to maintain the economic viability of the 
fishery. (2) With a month's delay in harvest, whiting will be slightly 
larger with an additional month's growth, increasing (in small measure) 
the yield per fish. (3) At the October Council meeting, some Council 
members and industry representatives speculated that bycatch rates of 
salmon and other groundfish species could be reduced with a 1-month 
delay in the start of the regular season, but the data are not 
conclusive. The at-sea sector has not operated in late May since 1991, 
so there is little information for these operations at this time of 
year. The EA/RIR indicates that the shore-based fleet has consistently 
shown a trend in decreasing salmon bycatch as the season progresses, at 
least through June. This could be due to a seasonal effect or to start-
up problems that sometimes occur at the beginning of a fishing season. 
Bycatch of salmon by either sector may be more highly correlated with 
abundance and availability of salmon, the ability of the skipper, and 
the incentive to avoid bycatch. The influence of these factors is not 
readily measurable. The EA/RIR states that delaying the season opening 
date to May 15 is unlikely to affect rockfish bycatch rates. For the 
most part, the delay in the season would be made to provide better 
quality fish for processing.
    The allocation of whiting between the shore-based and at-sea 
sectors will be reconsidered in 1996 for fisheries in 1997 and beyond. 
The start of the regular season may be reconsidered at the same time, 
and potentially could differ for each sector.

[[Page 8023]]


Classification

    The Assistant Administrator for Fisheries, NOAA has initially 
determined that this action is consistent with the FMP and the national 
standards and other provisions of the Magnuson Act.
    This proposed rule has been determined to be not significant for 
the 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. This rule, if adopted, would not change the amount of 
fish caught or retained or the number of vessels participating, and 
would not confer a competitive advantage to any user group. 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: February 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 663 is 
proposed to be amended as follows:

PART 663--PACIFIC COAST GROUNDFISH FISHERY

    l. 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 (b)(2)(i)(A), (b)(2)(i)(B), 
(b)(2)(ii), (b)(2)(iv), and (b)(3)(i) are revised to read as follows:


Sec. 663.23  Catch restrictions.

* * * * *
    (b) * * *
    (2) * * *
    (i) * * * (A) Sablefish taken with fixed gear in the limited entry 
or open access fishery in the EEZ may not be retained or landed from 12 
noon August 29 through 12 noon September 1.
    (B) All fixed gear used to take and retain groundfish must be out 
of EEZ waters from 12 noon August 29 through 12 noon September 1, 
except that pot gear used to take and retain groundfish may be deployed 
and baited in the EEZ after 12 noon on August 31.
    (ii) Regular season--Limited entry fishery. The regular season for 
the limited entry nontrawl sablefish fishery begins at 12:01 on 
September 1. During the regular season, the limited entry nontrawl 
sablefish fishery may be subject to trip limits to protect juvenile 
sablefish. The regular season will end when 70 percent of the limited 
entry nontrawl allocation has been or is projected to be taken. The end 
of the regular season may be announced in the Federal Register either 
before or during the regular season.
* * * * *
    (iv) The dates and times that the regular season ends (and trip 
limits on sablefish of all sizes are resumed) and the mop-up season 
begins and ends, and the size of the trip limit for the mop-up fishery, 
will be announced in the Federal Register, and may be modified. Unless 
otherwise announced, these seasons will begin and end at 12 noon on the 
specified date. A vessel landing sablefish in Puget Sound that was 
taken under a limited entry permit with nontrawl gear during a regular 
season is not subject to trip limits on that trip (except the regular 
season trip limits to protect juvenile sablefish), provided the landing 
complies with Washington State regulations governing sablefish landings 
in Puget Sound after the regular season.
* * * * *
    (3) Pacific Whiting--(i) Season. The regular season for Pacific 
whiting begins on May 15 north of 42 deg.00' N. lat., on March 1 
between 42 deg.00' N. lat. and 40 deg.30' N. lat., and on April 15 
south of 40 deg.30' N. lat. Before and after the regular season, trip 
landing or frequency limits may be imposed under paragraph (c) of this 
section.
* * * * *
[FR Doc. 96-4752 Filed 2-29-96; 8:45 am]
BILLING CODE 3510-22-F