[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61700-61702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 111297A]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Trip Limit Changes

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 further routine management measures adjusting 
the Pacific Coast groundfish limited entry fisheries for the Sebastes 
complex and its components, canary and yellowtail rockfish, and the 
Dover sole, thornyhead, trawl-caught sablefish (DTS) complex and all 
its components. These actions are authorized by regulations 
implementing the Pacific Coast Groundfish Fishery Management Plan 
(FMP), which governs the groundfish fishery off Washington, Oregon, and 
California. These changes are intended to keep landings close to the 
1997 harvest guidelines and allocations for these species.

DATES: Effective from 0001 hours (local time) November 16, 1997, 
including trawl vessels operating in the B platoon. These changes 
remain in effect, unless modified, superseded or rescinded, until the 
effective date of the 1998 annual specifications and management 
measures for the Pacific Coast groundfish fishery, which will be

[[Page 61701]]

published in the Federal Register. Comments will be accepted through 
December 4, 1997.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), National Marine Fisheries 
Service, 7600 Sand Point Way NE., Seattle, WA 98115-0070; or William 
Hogarth, Acting Administrator, Southwest Region, National Marine 
Fisheries Service, 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 current 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 November 4-7, 1997, meeting in Portland, OR.
     The Sebastes Complex. The Sebastes complex consists of all 
rockfish managed by the FMP except Pacific ocean perch (POP), widow 
rockfish, shortbelly rockfish, and thornyheads. On January 1, 1997 (62 
FR 700, January 6, 1997), the limited entry fishery for the Sebastes 
complex was managed under a 2-month cumulative trip limit of 30,000 lb 
(13,608 kg) north of Cape Mendocino (40 deg.30' N. lat.) and 150,000 lb 
(68,039 kg) south of Cape Mendocino. Within these 2-month cumulative 
limits for the Sebastes complex, no more than 6,000 lb (2,722 kg) could 
be yellowtail rockfish north of Cape Mendocino, no more than 12,000 lb 
(5,443 kg) could be bocaccio south of Cape Mendocino, and no more than 
14,000 lb (6,350 kg) could be canary rockfish coastwide. On May 1, 1997 
(62 FR 24845, May 7, 1997), the 2-month cumulative trip limit for 
bocaccio was reduced to 10,000 lb (4,536 kg), so that its harvest 
guideline would not be exceeded. However, landings were lower than 
expected, and on October 1, 1997 (62 FR 51814, October 3, 1997), the 2-
month cumulative trip limits were converted to 1-month limits and 
increased to 5,000 lb (2,268 kg) per month for yellowtail rockfish and 
10,000 lb (4,534 kg) per month for canary rockfish. This increased the 
Sebastes complex limits to 20,000 lb (9,072 kg) per month north of Cape 
Mendocino and 75,000 lb (34,020 kg) per month south of Cape Mendocino.
    The best available information at the November 1997 Council meeting 
indicated that landings still were lower than expected, most likely due 
to poor weather and reduced fishing effort in October. If rates do not 
change, landings of yellowtail rockfish would be 22 percent below its 
harvest guideline, and canary rockfish would be 14 percent below its 
harvest guideline at the end of the year. Therefore, the Council 
recommended increasing the 1-month cumulative trip limits for 
yellowtail and canary rockfish at the earliest date so that the 
industry would have an opportunity to achieve the harvest guidelines 
for these species. The trip limit for bocaccio is not changed.
    The new 1-month cumulative trip limits for the Sebastes complex 
are: 40,000 lb (18,144 kg) north of Cape Mendocino and 80,000 lb 
(36,287 kg) south of Cape Mendocino. Within these 1-month cumulative 
limits, no more than 20,000 lb (9,072 kg) may be yellowtail rockfish 
north of Cape Mendocino, no more than 5,000 lb (2,268 kg) may be 
bocaccio south of Cape Mendocino, and no more than 15,000 lb (6,804 kg) 
may be canary rockfish coastwide.
     Dover Sole, Thornyheads, and Trawl-Caught Sablefish (the DTS 
Complex). In January 1997 (62 FR 700, January 6, 1997), the 2-month 
cumulative trip limit for the DTS complex was 70,000 lb (31,752 kg) 
north of Cape Mendocino and 100,000 lb (45,359 kg) south of Cape 
Mendocino. Within this 2-month cumulative limit, no more than 38,000 lb 
(17,236 kg) could be Dover sole north of Cape Mendocino, and coastwide 
no more than 12,000 lb (5,443 kg) could be trawl-caught sablefish and 
no more than 20,000 lb (9,072 kg) could be thornyheads. No more than 
4,000 lb (1,814 kg) of the thornyheads could be shortspine thornyheads.
    On May 1, 1997 (62 FR 24845, May 7, 1997), the 2-month cumulative 
trip limits were reduced for Dover sole north of Cape Mendocino to 
30,000 lb (13,608 kg)), and for thornyheads coastwide to 15,000 lb 
(6,804 kg), of which only 3,000 lb (1,361 kg) could be shortspine 
thornyheads. The 2-month cumulative limit for the DTS complex north of 
Cape Mendocino increased by the same amount to 57,000 lb (25,855 kg), 
while remaining at 100,000 lb (45,359 kg) south of Cape Mendocino. The 
coastwide 2-month cumulative trip limit for sablefish remained at 
12,000 lb (5,443 kg).
    On September 1 (62 FR 36228, July 7, 1997) the 2-month cumulative 
trip limits for the DTS complex and its components were converted to 1-
month cumulative limits: For the DTS complex, 28,500 lb (12,927 kg) 
north of Cape Mendocino and 50,000 lb (22,680 kg) south of Cape 
Mendocino; for sablefish coastwide, 6,000 lb (2,722 kg); for Dover sole 
north of Cape Mendocino, 15,000 lb (6,804 kg); and for thornyheads 
coastwide, 7,500 lb (3,402 kg), of which no more than 1,500 lb (680 kg) 
could be shortspine thornyheads.
    The 1-month cumulative trip limit for sablefish was reduced on 
October 1, 1997 (62 FR 51814, October 3, 1997), and a 1-month 
cumulative trip limit was set for Dover sole south of Cape Mendocino; 
previously Dover sole could comprise the amount of DTS limit that was 
left over after taking sablefish and thornyheads. As a result, the 
limited entry fishery for the DTS complex and its components is 
currently managed under a 1-month cumulative trip limit of 11,000 lb 
(4,990 kg) north of Cape Mendocino. Within these 1-month cumulative 
limits, no more than 1,500 lb (680 kg) may be Dover sole north of Cape 
Mendocino, no more than 2,000 lb (907 kg) may be sablefish coastwide, 
and no more than 7,500 lb (3,402 kg) may be thornyheads coastwide. No 
more than 1,500 lb (680 kg) of the thornyheads may be shortspine 
thornyheads. The same limits for sablefish and thornyheads apply south 
of Cape Mendocino, but the limit for Dover sole is 30,000 lb (13,608 
kg), which changes the DTS limit in that area to 39,500 lb (17,917 kg). 
As of October 1, 1997, the cumulative limit for the DTS complex is the 
sum of the cumulative limits of its components.
    Reduced effort in October, likely due to bad weather and extremely 
low cumulative trip limits, resulted in much lower landings than 
expected. The best available information at the November 1997 Council 
meeting indicated that the harvest guidelines for all three species 
would not be reached in 1998 if current landing rates continued. Dover 
sole is expected to be 12 percent below its coastwide harvest 
guideline, and trawl-caught sablefish is projected to be 7 percent 
below its trawl allocation. Landings of longspine and shortspine 
thornyheads are projected to be 35 and 19 percent below their harvest 
guidelines, respectively, by the end of the year. Consequently, the 
Council recommended increasing the 1-month cumulative trip limits for 
these species to the end of the year to keep landings of the DTS 
complex and its components within the 1997 harvest guidelines and 
allocations without increasing discards. Current trip limits are so low 
that it is felt that these increases will enable fishermen to land fish 
that otherwise may have been caught and discarded.
    The new monthly limits for the DTS complex are 16,000 lb (7,257 kg) 
north of Cape Mendocino, and 43,000 lb (19,504 kg) south of Cape 
Mendocino.

[[Page 61702]]

Within these limits, no more than 3,000 lb (1,361 kg) may be Dover sole 
north of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape 
Mendocino (no change to southern Dover sole); no more than 3,000 lb 
(1,361 kg) coastwide may be trawl-caught sablefish; and no more than 
10,000 lb (4,536 kg) coastwide may be thornyheads. No more than 3,000 
lb (1,361 kg) of the thornyheads may be shortspine thornyheads.
    Implementation. These changes are implemented in the middle of a 1-
month cumulative trip limit period for the ``A'' platoon (whose 
cumulative trip limits begin at the beginning of a month). The new 
limits are the total amount that may be landed in November. Therefore, 
the ``A'' platoon will have the opportunity to harvest the new limits 
in both November and December. Two-month cumulative trip limits and the 
60 percent monthly limits remain in effect only for POP, widow 
rockfish, and lingcod.
     For vessels in the ``B'' platoon (whose cumulative trip limits 
begin on November 16, 1997) the final 2-month cumulative trip limits 
for POP, widow rockfish, and lingcod apply to the 6-week period from 
November 16, 1997, through December 31, 1997, and there is no 60 
percent monthly limit for this period. In addition, the equivalent of 
two 1-month cumulative trip limits for the Sebastes complex and its 
components and for the DTS complex and its components may be landed 
during the 6-week period from November 16, 1997 through December 31, 
1997. (In the previous Federal Register notice (62 FR 51814, October 3, 
1997), reference to lingcod describing the final cumulative period for 
the ``B'' platoon was inadvertently deleted.)

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 at 62 FR 
51815, October 3, 1997).
    1. For yellowtail rockfish, canary rockfish, and the Sebastes 
complex, paragraphs C.(2)(a)(i) and (ii) of section IV. (regarding 
cumulative trip limits in the limited entry fishery) are amended, to 
read as follows:
    C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary 
Rockfish)
* * * * *
    (2) * * *
    (a) * * *
    (i) North of Cape Mendocino. The cumulative trip limit for the 
Sebastes complex taken and retained north of Cape Mendocino is 40,000 
lb (18,144 kg) per vessel per 1-month period. Within this cumulative 
trip limit for the Sebastes complex, no more than 20,000 lb (9,072 kg) 
may be yellowtail rockfish taken and retained north of Cape Mendocino, 
and no more than 15,000 lb (6,804 kg) may be canary rockfish.
    (ii) South of Cape Mendocino. The cumulative trip limit for the 
Sebastes complex taken and retained south of Cape Mendocino is 80,000 
lb (36,287 kg) per vessel per 1-month period. Within this cumulative 
trip limit for the Sebastes complex, no more than 5,000 lb (2,268 kg) 
may be bocaccio taken and retained south of Cape Mendocino, and no more 
than 15,000 lb (6,804 kg) may be canary rockfish.
* * * * *
    2. For the DTS complex, paragraph E.(2)(b) of section IV. 
(regarding limited entry trip and size limits) is revised, to read as 
follows:
    E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and 
Trawl-Caught Sablefish)
* * * * *
    (2) * * *
    (b) * * *
    (i) North of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained north of Cape Mendocino is 16,000 lb (7,257 
kg) per vessel per 1-month period. Within this cumulative trip limit, 
no more than 3,000 lb (1,361 kg) may be sablefish, no more than 3,000 
lb (1,361 kg) may be Dover sole, and no more than 10,000 lb (4,536 kg) 
may be thornyheads. No more than 3,000 lb (1,361 kg) of the thornyheads 
may be shortspine thornyheads.
    (ii) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 43,000 lb (19,504 
kg) per vessel per 1-month period. Within this cumulative trip limit, 
no more than 3,000 lb (1,361 kg) may be sablefish, no more than 30,000 
lb (13,608 kg) may be Dover sole, and no more than 10,000 lb (4,536 kg) 
may be thornyheads. No more than 3,000 lb (1,361 kg) of the thornyheads 
may be shortspine thornyheads.
* * * * *

Classification

    These actions are authorized by the regulations implementing the 
FMP. 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 
Administrator, Northwest Region, NMFS (see ADDRESSES) during business 
hours. Because this action relieves a burden and must be implemented 
swiftly to relieve the burden, and because the public had an 
opportunity to comment on the action at the November 1997 Council 
meeting, NMFS has determined that good cause exists for this document 
to be published without affording additional prior opportunity for 
public comment or a 30-day delayed effectiveness period. 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: November 14, 1997.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. 97-30386 Filed 11-14-97; 4:37 pm]
BILLING CODE 3510-22-F