[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Proposed Rules]
[Pages 51670-51671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 951227306-5306-01; I.D. 092596B]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Nontrawl Sablefish Mop-Up Fishery

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

ACTION: Announcement of 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 establishes beginning and ending dates and trip 
limits applicable to the mop-up fishery for nontrawl limited entry 
sablefish, and sets trip limits for the nontrawl limited entry 
sablefish fishery after the mop-up fishery. These actions are intended 
to provide for harvest of the remainder of the limited entry nontrawl 
allocation for sablefish.

DATES: The nontrawl sablefish mop-up fishery will begin at 1201 hours 
(local time), October 1, 1996, and will end at 1200 hours (local time), 
October 15, 1996, 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 1997 annual specifications and 
management measures for the Pacific coast groundfish fishery, which 
will be published in the Federal Register. Comments will be accepted 
until October 15, 1996.

ADDRESSES: Comments on these actions should be sent to Mr. William 
Stelle, Jr., Administrator, Northwest Region, National Marine Fisheries 
Service, 7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070; or 
Ms. Hilda Diaz-Soltero, Administrator, 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 Administrator, Northwest Region, NMFS 
(Regional Administrator).

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

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 660.323(a)(2) 
established a new season structure for the limited entry nontrawl 
sablefish fishery in 1995. The ``regular season'' is a derby fishery 
during which the only trip limit is for sablefish smaller than 22 
inches (56 cm). The regular season starts each year on September 1 
(April 15, 1996, 61 FR 16402). Because of expected increases in effort 
and the difficulty in projecting catch rates during a short, intense 
season (7 days in 1995 and 5 days in 1996), 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 
Administrator 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

[[Page 51671]]

landing of groundfish may be made in that 24-hour period. Daily trip 
limits may not be accumulated. If a trip lasts more than 1 day, only 
one daily trip limit is allowed. Daily trip limits were in effect until 
the beginning of the regular season, and went back into effect after 
the regular season ended on September 5.
    The best available information on September 17, 1996, indicated 
that approximately 2,381 metric tons (mt) of sablefish had been landed 
before and during the regular season, about 86 percent of the limited 
entry nontrawl allocation of 2,754 mt. Therefore, 373 mt remains to be 
caught after September 6, 1996, of which 90-120 mt is expected to be 
taken in the daily trip limits after the regular season. The Regional 
Administrator, after consulting with the Pacific Fishery Management 
Council (Council) by telephone on September 19, 1996, has determined 
that the mop-up fishery will occur, and that a cumulative trip limit of 
3,400 lb (1,542 kg) in a 2-week period (October 1-15, 1996) would 
provide for approximately 152-169 participating vessels, leaving enough 
for small daily trip limits from September 7-30, 1996, and from 1201 
hours October 15, 1996, through 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. Once a vessel has landed its 3,400-lb (1,542-kg) 
cumulative trip limit, it may not land more sablefish until the daily 
trip limits resume at 1201 hours on October 15, 1996. A cumulative trip 
limit applies to each vessel with a valid limited entry permit endorsed 
for pot or longline gear. Therefore, acquiring additional limited entry 
permits does not entitle a vessel to more than one cumulative limit.
    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 October 1, 1996, just before 
the start of the mop-up season, and between 1201 hours and 2400 hours 
on October 15, 1996, following the mop-up season.
    As specified in the annual management measures (61 FR 279, January 
4, 1996) 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. This means that the limited entry trip 
limits applicable to nontrawl gear also are limits on nontrawl gear 
used in the open access fishery.

NMFS Actions

    NMFS announces 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 
1996. All other provisions remain in effect.
    In the 1996 annual management measures, paragraph IV.E.(3)(c) is 
revised to read as follows:
    IV. * * *
    E. * * *
    (3) * * *
    (c) Nontrawl trip and size limits. (i) Mop-Up Fishery. Effective 
1201 hours October 1, 1996, until 1200 hours October 15, 1996, the 
cumulative trip limit for sablefish caught with nontrawl gear in the 
limited entry fishery is 3,400 lb (1,542 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, 3,400 lb (1,542 kg) round weight 
corresponds to 2,125 lb (964 kg) for dressed sablefish.)
    (ii) Daily trip limits. Effective 1201 hours October 15, 1996, 
daily trip 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 N. deg. lat. is 350 
lb (159 kg).
    (iii) Trip limits for small sablefish. During the regular and mop-
up seasons, the only trip limit in effect, 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 22 inches (56 cm) or larger, whichever is 
greater. (See paragraph IV.A.(6) of the annual management measures at 
(61 FR 279, January 4, 1996) 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 Administrator (see ADDRESSES) during business 
hours. Because of the need for immediate action to start the mop-up 
fishery for sablefish, and because the public had an opportunity to 
comment on these actions at the September 1996 meeting of the Council's 
Groundfish Management Team in Portland, OR, 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 
660.323(a)(2), and are exempt from review under E.O. 12866.

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

    Dated: September 27, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-25369 Filed 9-30-96; 1:09 pm]
BILLING CODE 3510-22-F