[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51381-51382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26058]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 092497C]


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; fishing 
restrictions; 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 the 
cumulative period landings limit for the mop-up fishery for nontrawl 
limited entry sablefish, and sets daily and cumulative 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 1997 limited entry nontrawl allocation for sablefish.

DATES: The nontrawl sablefish mop-up fishery will begin at 1201 hours 
local time (l.t.), October 1, 1997, and will end at 1200 hours l.t., 
October 15, 1997, at which time the limited entry daily trip limit 
fishery resumes. The daily trip limits for the nontrawl sablefish 
fishery will remain in effect until the effective date of the 1998 
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, 1997.

ADDRESSES: Comments on these actions should be sent to William Stelle, 
Jr., Administrator, Northwest Region, (Regional Administrator), NMFS, 
7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070; or to William 
Hogarth, Acting Administrator, Southwest Region, NMFS, 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 Regional 
Administrator.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140; 
or Svein Fougner at 562-980-4034.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 660.323(a)(2) (62 
FR 45350, August 27, 1997) established a new season structure for the 
limited entry nontrawl sablefish fishery in 1997. The ``regular 
season'' was an equal cumulative limit fishery during which each 
limited entry permit holder with a sablefish endorsement had the 
opportunity to fish under an equal cumulative limit. Other than the 
large, equal cumulative limit, the only trip limit in this fishery was 
for sablefish smaller than 22 inches (56 cm). The 1997 regular season 
started at noon on August 25, 1997, and lasted for 9 days to noon on 
September 3, 1997.
    Preseason estimates of the likely total harvest in the regular 
season fishery were conservative in order to minimize the risk of the 
fishery exceeding its total allocation. Because of the conservative 
projections, the regular fishery was not expected to harvest all of the 
limited entry, fixed gear allocation for north of 36 deg. N. lat. in 
excess of that required for the daily trip limit fishery. The Regional 
Administrator is authorized to announce a mop-up fishery for any 
excess, if it is large enough, about 3 weeks after the end of the 
regular season and consisting of one cumulative trip limit for each 
vessel.
    Only individuals holding limited entry permits with sablefish 
endorsements may participate in the mop-up fishery. No more than one 
cumulative limit may be landed on each limited entry permit with a 
sablefish endorsement. Approximately 3 weeks are needed for the Pacific 
Fishery Management Council (Council) Groundfish Management Team to 
compile all of the landings receipts from the regular season and to 
calculate the amount available for the mop-up season, if any. This 
notice establishes the 1997 mop-up fishery for limited entry, fixed 
gear permit holders with sablefish endorsements.
    Following the mop-up fishery, daily trip limits are reimposed until 
the end of the year. At the September 8-12, 1997, Council meeting, the 
Council recommended that the limited entry, fixed gear daily trip 
limits for sablefish

[[Page 51382]]

taken north of 36 deg. N. lat. following the mop-up season would be 300 
lb (136 kg) per day, with no more than 1,500 lb (680 kg) taken in any 
one calendar month. Similar changes to the open access trip limits for 
sablefish taken north of 36 deg. N. lat. will be announced in a 
separate notice.
    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 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 post-season closure 
ended on September 5, 1997. A cumulative trip limit is the maximum 
amount of sablefish that may be taken and retained, possessed, or 
landed per vessel in a specified period of time, with no limit on the 
number of landings or trips.
    The 1997 limited entry nontrawl sablefish allocation is 2,754 mt 
(6,071,468 lb). At its June meeting, the Council recommended 
restricting the total 1997 limited entry daily trip limit catch to 499 
mt (1,100,000 lb), leaving 2,255 mt (4,971,373 lb) for the primary 
limited entry, fixed gear sablefish fishery. The best available 
information on September 22, 1997, indicated that approximately 1,643 
mt (3,622,300 lb) of sablefish were landed during the regular season. 
Therefore, 612 mt (1,349,215 lb) remains available to the mop-up 
fishery. The Regional Administrator, after consulting with the Council 
on September 11, 1997, has determined that the mop-up fishery will 
occur, and that a cumulative trip limit of 8,500 lb (3,851 kg) (round 
weight) in a 2-week period (October 1-15, 1997) would provide for the 
expected fishery participants, leaving enough sablefish for small daily 
trip limits outside the mop-up fishery, 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.
    The mop-up cumulative trip limit applies to each vessel and permit 
where the permit is a valid limited entry permit endorsed for pot or 
longline gear, and with a sablefish endorsement. No more than one 
cumulative limit may be landed on each permit, and no vessel may land 
more than one cumulative limit. Once a vessel has landed its 8,500 lb 
(3,851 kg) cumulative limit, it may not land more sablefish until the 
daily trip limits resume at 1201 hours on October 15, 1997. There is no 
limited entry, daily trip limit fishery during the mop-up fishery 
period. Therefore, holders of limited entry permits without sablefish 
endorsements may not land any sablefish during the mop-up period. 
Similarly, once a permit has been used to land its 8,500 lb (3,851 kg) 
cumulative trip limit, it may not be used to land more sablefish until 
the daily trip limits resume. Also, acquiring additional limited entry 
permits does not entitle a vessel to more than one cumulative limit.
    The sablefish daily trip limit for the limited entry fishery after 
the mop-up season is 300 lb (136 kg) per day, with no more than 1,500 
lb (680 kg) to be taken in any one calendar month. 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, 1997, just before the start of the mop-up 
season, and between 1201 hours and 2400 hours on October 15, 1997, 
following the mop-up season.

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 
limited entry nontrawl gear during and after the limited entry mop-up 
fishery in 1997. All other provisions remain in effect. In the 1997 
annual management measures, paragraph IV.E.(2)(c) at 62 FR 700, January 
6, 1997, is revised to read as follows:
    IV. * * *
    E. * * *
    (2) Limited Entry Fishery. * * *
    (c) Nontrawl trip and size limits. (i) Daily trip limits. Effective 
1201 hours October 15, 1997. The daily trip limit for sablefish taken 
and retained with nontrawl gear north of 36 deg.00' N. lat. is 300 lb 
(136 kg), not to exceed 1,500 lb (680 kg) cumulative in a calendar 
month.
    (A) The daily trip limit for sablefish taken and retained with 
nontrawl gear south of 36 deg.00' 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.
    (ii) Trip limits for small sablefish. During the regular and mop-up 
seasons, sablefish smaller than 22 inches (56 cm) (total length) may 
comprise no more than 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 62 FR 700, 
January 6, 1997, regarding length measurement.)
    (iii) Mop-Up Fishery. Effective 1201 hours October 1, 1997, until 
1200 hours (local time) October 15, 1997, the cumulative trip limit for 
sablefish caught with nontrawl gear in the limited entry fishery is 
8,500 lb (3,851 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, 8,500 lb (3,851 kg) round weight 
corresponds to 5,313 lb (2,407 kg) for dressed sablefish.)

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 1997 Council meeting in 
Portland, OR, NMFS has determined that providing an opportunity for 
public notice and comment would be impracticable, unnecessary, and 
contrary to public interest. Participants in the regular season 
sablefish fishery are anxious to begin fishing. Delay of this rule 
could push the mop-up season into bad winter weather. Therefore, the 
agency finds 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 25, 1997
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-26058 Filed 9-30-97; 8:45 am]
BILLING CODE 3510-22-F