[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Rules and Regulations]
[Pages 46920-46921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23561]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 082797F]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Sablefish Trip Limit Changes South of 
36 deg. N. Lat.

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces a change to restrictions to the Pacific Coast, 
fixed gear groundfish fisheries for sablefish taken and retained, 
possessed or landed south of 36 deg. N. lat. This action is authorized 
by regulations implementing the Pacific Coast Groundfish Fishery 
Management Plan (FMP), which governs the groundfish fishery off 
Washington, Oregon, and California. This action is intended to help 
vessels making longer trips to reduce their discards. It will also 
improve the flexibility of landings restrictions for fishers south of 
36 deg. N. lat. by allowing them to choose whether they will land 
sablefish under the daily trip limit or under an alternative weekly 
trip limit.

DATES: Effective 0001 hours local time (l.t.) September 1, 1997. This 
change remains in effect until the effective date of the 1998 annual 
specifications and management measures for the Pacific Coast groundfish 
fishery, unless modified, superseded, or rescinded. Comments will be 
accepted through September 22, 1997.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; or William Hogarth, Acting Administrator, 
Southwest Region, NMFS, 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 562-980-4040.

SUPPLEMENTARY INFORMATION: The following changes to routine management 
measures are based on the best available information, and were 
recommended by the Pacific Fishery Management Council (Council), in 
consultation with the states of Washington, Oregon, and California, at 
its April 8-11, 1997, meeting in Millbrae, CA.
    The limited entry fixed gear sablefish fishery south of 36 deg. N. 
lat. is currently managed with a daily trip limit of 350 lb (136 kg) 
per day. At the April Council meeting, the Council received testimony 
from fishers operating in waters south of 36 deg. N. lat. that the 
daily trip limit results in sablefish discards for fishers who make 
multi-day trips for other species. Some limited entry fishers in that 
area take fishing trips of 4-6 days in duration so that they are able 
to fish on deepwater species living near the seamounts off the coast of 
southern California. Regardless of the length of the fishing trip, 
fishers currently may land sablefish only under the daily trip limit. 
It is possible that on a multi-day trip targeting deep water rockfish, 
more than 350 lb (136 kg) of sablefish may also be taken. Currently, 
sablefish exceeding the daily trip limit must be discarded because 
daily trip limits may not be accumulated over multi-day trips.
    At its April 1997 meeting, the Council recommended a measure that 
would give limited entry, fixed gear sablefish fishers south of 36 deg. 
N. lat. the option to make just one landing per week of above 350 lb 
(136 kg) but not more than 1,050 lb (476 kg), rather than the current 
daily trip limit of 350 lb (136 kg). Fishers may alternatively choose 
to operate under the current regime, which allows fishers to land 350 
lb (136 kg) per day. A fisher may not make a landing larger than 350 lb 
(136 kg) and continue to land sablefish under the daily trip limit for 
the rest of the week. For the purposes of this regulation, a week is 7 
consecutive days, from 0001 hours l.t. Sunday through 2400 hours l.t. 
Saturday.
    The Council recommended that NMFS set this measure in place for 
September 1 if no more than 210 mt (462,966 lb) of sablefish have been 
landed by all gears in the area south of 36 deg. N. lat. through the 
end of July. The sablefish acceptable biological catch (ABC) for waters 
south of 36 deg. N. lat. is 425 mt (936,964 lb). Because there is a 
possibility that this measure may increase the rate of sablefish 
harvest south of 36 deg. N. lat, the Council placed the 210 mt (462,966 
lb) restriction on implementing this measure. The Council expects that, 
with a south of 36 deg. N. lat. harvest of less than 210 mt (462,966 
lb) through the end of July, this measure may be implemented for 
September through December without the risk of exceeding the sablefish 
ABC for waters south of 36 deg. N. lat. To further safeguard the ABC, 
the Council recommended removing the option for one large landing per 
week if the

[[Page 46921]]

sablefish harvest south of 36 deg. N. lat. exceeds 400 mt (881,840 lb) 
before December 31, 1997.
    The best available information indicated that approximately 170 mt 
(374,782 lb) had been taken by July 31, 1997, in waters south of 
36 deg. N. lat. Therefore, this option will be available through 
December 31, 1997, or until the total sablefish landings for this area 
exceed 400 mt (881,840 lb) and this provision is changed by NMFS, 
whichever occurs first. This measure is intended to help vessels making 
longer trips to reduce their discards and is not intended to accelerate 
sablefish harvest in waters south of 36 deg. N. lat. NMFS is also 
updating and clarifying language that explains the trip limits north of 
36 deg. N. lat., but that will not change the management regime north 
of 36 deg. N. lat.

NMFS Action

    For the reasons stated above, NMFS concurs with the Council's 
recommendations and makes the following changes to the 1997 annual 
management measures (62 FR 700, January 6, 1997, as modified).
    1. Effective September 1, 1997, for limited entry, fixed gear 
fishers landing sablefish south of 36 deg. N. lat., paragraph E.(2)(c) 
of section IV. is amended to read as follows:
    E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and 
Trawl-Caught Sablefish)
* * * * *
    (2) * * *
    (c) Nontrawl trip and size limits. (i) Daily trip limit. The daily 
trip limit, which applies to sablefish of any size, is in effect north 
of 36 deg. N. lat. until the closed periods before or after the regular 
season (as specified at 50 CFR 660.323 (a)(2)) (62 FR 45350), between 
the end of the regular season and the beginning of the mop-up season, 
and after the mop-up season. The daily trip limit is in effect 
throughout the year in Federal waters south of 36 deg. N. lat. (A) The 
daily trip limit for sablefish taken and retained with nontrawl gear 
north of 36 deg. N. lat. is 300 lb (136 kg), not to exceed 600 lb (272 
kg) cumulative in a calendar month in which the daily trip limit is in 
effect (e.g., August before the start of the regular season on August 
25, 1997; in September after the close of the regular season; and in 
October after the mop-up season. Exact dates of the mop-up season are 
yet to be announced.) (B) The daily trip limit for sablefish taken and 
retained with nontrawl gear south of 36 deg. N. lat. is (1) 350 lb (159 
kg) with no cumulative limit on the amount of sablefish that may be 
retained in a month; or (2) one landing of sablefish per week above 350 
lb (159 kg) but not to exceed 1,050 lb (476 kg). A week is 7 
consecutive days, from 0001 hours l.t. Sunday through 2400 hours l.t. 
Saturday.
* * * * *

Classification

    This action is authorized by the regulations implementing the FMP. 
The determination to take this action is based on the most recent data 
available. The aggregate data upon which the determination is based are 
available for public inspection at the office of the Regional 
Administrator (see ADDRESSES) during business hours. 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. Because this action would reduce a burden 
on some sablefish fishers while reducing discards of sablefish caught 
south of 36 deg. N. lat., and because the public had an opportunity to 
comment on the action at the April 1997 Council meeting, providing an 
opportunity for public comment now is unnecessarily and contrary to the 
public interest. This rule relieves a restriction. These actions are 
taken under the authority of 50 CFR 660.323(b)(1), and are exempt from 
review under E.O. 12866.

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

    Dated: August 29, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-23561 Filed 8-29-97; 4:50 pm]
BILLING CODE 3510-22-F