[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Rules and Regulations]
[Pages 53577-53579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27296]


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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; 
Announcement of Extension

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

ACTION: Nontrawl sablefish mop-up fishery and delay of the limited 
entry daily trip limit fishery; announcement of extension.

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SUMMARY: NMFS announces the extension of and new ending date for the 
mop-up fishery for nontrawl limited entry sablefish. This action will 
delay the beginning of the October limited entry daily trip limit 
fishery. This action is taken in response to unusually bad coastwide 
weather during the first week of the mop-up fishery. This action is 
intended to increase safety while providing for harvest of the 
remainder of the 1997 limited entry nontrawl allocation for sablefish.

DATES: This action is effective on October 9, 1997. The nontrawl 
sablefish mop-up fishery began at 1201 hours local time (l.t.), October 
1, 1997, and will end at 1200 hours l.t., October 22, 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 through 
October 22, 1997.

ADDRESSES: Comments on these actions should be sent to William Stelle, 
Jr.,

[[Page 53578]]

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: On October 1, 1997, NMFS published an 
inseason action (62 FR 51381) to announce the start and end dates for 
the limited entry, fixed gear mop-up fishery for sablefish. When the 
notice was published, 612 mt (1,349,215 lb) of sablefish was available 
to the mop-up fishery. The Regional Administrator, in consultation with 
the Pacific Fishery Management Council (Council), set a mop-up season 
with a cumulative trip limit of 8,500 lb (3,851 kg) (round weight), to 
be taken in a 2-week period (October 1-15, 1997). NMFS expected that 
almost all of the limited entry permit holders with sablefish 
endorsements would participate in the mop-up fishery and would catch 
the full cumulative limit amount.
    As the mop-up season has progressed, NMFS and the states of 
Washington, Oregon, and California have received numerous telephone 
calls from fishermen with sablefish endorsements who are concerned 
about fishing under unusually difficult wind and storm conditions, and 
who have asked if the mop-up season might be extended. In confirmation 
of these reports from fishermen, NMFS has noted that the National 
Weather Service (NWS) announced several severe weather warnings over 
the week of October 1-8, 1997, that would likely deter fishers from 
fishing in the mop-up fishery. In addition, as of October 8, 1997, NWS 
is forecasting continued high winds, gale warnings, and small craft 
advisories along the Pacific coast.
    NMFS consulted with the three states, the Coast Guard, and the 
Council Chair on whether to extend the length of the mop-up season. The 
Coast Guard expressed particular concern about the safety of the small 
vessels that participate in this fishery, as a result of bad weather. 
All three states and the Council Chair endorsed extending the mop-up 
season for 1 week. This extension is designed to allow flexibility for 
fishermen who were not able to fish during the bad weather of the first 
week of the mop-up fishery. In addition, it should deter fishermen from 
fishing in the dangerous weather that is still forecast, because they 
will have an additional week to harvest their limit. The season is only 
being extended by 1 week in order to limit the impacts on the 
participants in the daily trip limit fishery, whose fishery is delayed 
until the end of the mop-up fishery. This extension still allows the 
daily trip limit fishermen to operate the last 9.5 days in October. 
Therefore, the Regional Administrator agreed to extend the length of 
the mop-up season, so that the season will end on Wednesday, October 
22, at noon. This notice does not change the cumulative trip limit 
amount.
    As announced in the October 1, 1997, notice on the mop-up fishery, 
daily trip limits will be reimposed after the mop-up fishery and until 
the end of the year. Following the mop-up season, the daily trip limits 
will be 300 lb (136 kg) per day, with no more than 1,500 lb (680 kg) 
taken in any one calendar month.
    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 l.t. 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. In addition, no more than one mop-up cumulative 
limit may be landed on each limited entry permit with a sablefish 
endorsement.
    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 1201 hours 
and 2400 hours on October 22, 1997, following the mop-up season.

NMFS Actions

    NMFS announces an extension to the end date of the nontrawl 
sablefish limited entry mop-up fishery and a delay in the reopening of 
the limited entry daily trip limit fishery. All other provisions remain 
in effect. In the January 6, 1997 (62 FR 700) annual management 
measures, as amended at 62 FR 51381, October 1, 1997, paragraphs 
IV.E.(2)(c) introductory text and IV.E.(2)(C)(iii) are 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 22, 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.
* * * * *
    (iii) Mop-up Fishery. Effective 1201 hours October 1, 1997, until 
1200 hours l.t. October 22, 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 extend the mop-up 
fishery for sablefish, as described above, NMFS has determined that 
providing an opportunity for public notice and prior comment would be 
contrary to the public interest. Participants in the mop-up season 
sablefish fishery are concerned about their safety in dangerous fishing 
conditions. Delay of this rule could prevent NMFS from allowing smooth 
extension of the mop-up season and would give fishermen strong 
incentives to fish in bad weather in order to catch their limit before 
October 15. Therefore, the agency 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.


[[Page 53579]]


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

    Dated: October 9, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-27296 Filed 10-9-97; 4:24 pm]
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