[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Rules and Regulations]
[Pages 16401-16402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9207]



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[[Page 16402]]


DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 960221041-6102-02; 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: Final rule.

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SUMMARY: NMFS is implementing 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 (6-370 km) off Washington, Oregon, and California. 
This rule accommodates 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.

EFFECTIVE DATES: May 15, 1996, except the change to the whiting season 
at Sec. 663.23(b)(3)(i), which is effective April 15, 1996.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Reviews (EA/RIRs) may 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: These actions are taken under the authority 
of the Pacific Coast Groundfish Fishery Management Plan and the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). This 
final rule delays 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. 
NMFS published a proposed rule at 61 FR 8021 (March 1, 1996), 
requesting comments through March 22, 1996. Two comments were received, 
both in support of the delay in the whiting season, from 
representatives of more than 75 percent of the at-sea processing fleet. 
The background and rationale for this rule appear in the proposed rule 
and the (EA/RIR) prepared for this action (see ADDRESSES).
    For the reasons set forth in those documents, NMFS concurs with the 
Council's recommendation. This final rule is the same as proposed.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) has determined 
that this final rule is necessary for management of the Pacific coast 
groundfish fishery and that it is consistent with the Magnuson Act and 
other applicable law.
    The Council prepared an EA for this rule (contained in the EA/RIR) 
and the AA concluded that this rule would not significantly affect the 
quality of the human environment.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    NMFS finds good cause, pursuant to 5 U.S.C. 553(d)(3), to implement 
the whiting season portion of this rule before the beginning of the 
April 15, 1996, regular season for whiting north of 42 deg. N. lat., 
rather than delaying effectiveness for 30 days. Since the industry 
expects the delay in opening, a delay in effectiveness would not 
provide time to adjust, but would disrupt the businesses of the 
regulated community. The whiting are healthier and larger by May, which 
means better profits for the industry. Furthermore, an opening on April 
15 would result in increased groundfish bycatch (wasteful) and 
increased salmon bycatch (both wasteful and harmful to depleted/listed 
species). NMFS finds no need to waive the delay in effectiveness for 
the nontrawl sablefish portion of this rule.

List of Subjects in 50 CFR Part 663

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 9, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 663 is amended 
as follows:

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, effective May 15, 1996, paragraphs (b)(2)(i)(A), 
(b)(2)(i)(B), (b)(2)(ii), and (b)(2)(iv) are revised, and effective 
April 15, 1996, paragraph (b)(3)(i) is 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. 96-9207 Filed 4-10-96; 9:53 am]
BILLING CODE 3510-22-P