[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45764-45765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23012]



[[Page 45764]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 971229312-7312-01; I.D. 081998B]


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

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

ACTION: Announcement of fixed gear 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 portion of the limited 
entry, fixed gear sablefish fishery. These actions are intended to 
provide for harvest of the remainder of the sablefish available to the 
1998 limited entry, fixed gear primary sablefish fishery.

DATES: The fixed gear sablefish mop-up fishery will begin at 1201 hours 
local time (l.t.), August 28, 1998, and will end at 1200 hours l.t., 
September 11, 1998, at which time the limited entry daily trip limit 
fishery resumes. The daily trip limits for the fixed gear sablefish 
fishery will remain in effect, unless modified, superseded or 
rescinded, until the effective date of the 1999 annual specifications 
and management measures for the Pacific coast groundfish fishery, which 
will be published in the Federal Register. Comments will be accepted 
until September 11, 1998.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE., Bldg. 1, Seattle WA 98115-0070; or William Hogarth, Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, Northwest Region, 
NMFS, 206-526-6140; or Svein Fougner, Southwest Region, NMFS, 562-980-
4000.

SUPPLEMENTARY INFORMATION: The limited entry, fixed gear sablefish 
fishery consists of a ``primary'' fishery, composed of the ``regular'' 
fishery described below, during which most of the fixed gear sablefish 
allocation is taken, and followed by a ``mop-up'' fishery, during which 
the remainder of the amount available to the primary fishery is taken.
    The regulations at 50 CFR 660.323(a)(2) (63 FR 38101, July 15, 
1998) established a new season structure for the limited entry, fixed 
gear primary sablefish fishery in 1998. Participants in the regular 
season were divided into three tiers based on their historical and more 
recent participation in the fixed gear sablefish fishery, and each of 
the three tiers was assigned a different cumulative limit: 52,000 lb 
(23,587 kg) for Tier 1; 23,500 lb (10,660 kg) for Tier 2; and, 13,500 
lb (6,124 kg) for Tier 3. During the regular season, each limited entry 
permit holder with a sablefish endorsement had the opportunity to fish 
up to the limit of the tier assigned to his or her permit. Other than 
the large, tiered cumulative limits, the only trip limit in this 
fishery was for sablefish smaller than 22 inches (56 cm). The 1998 
regular season started at noon on August 1, 1998, and lasted for 6 
days, ending at noon on August 7, 1998.
    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 (50 CFR 660.323(a)(2)(v)). 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 document establishes the 1998 mop-up fishery for limited 
entry, fixed gear permit holders with sablefish endorsements. Only 
individuals holding limited entry permits with sablefish endorsements 
may participate in the mop-up fishery. No vessel may land more than one 
cumulative limit.
    The 1998 limited entry nontrawl sablefish allocation is 3,641,999 
lb (1,652 mt), of which 3,095,699 lb (1,404.2 mt) is available to the 
primary limited entry, fixed gear sablefish fishery. The best available 
information on August 18, 1998, indicated that approximately 2,598,342 
lb (1,178.6 mt) of sablefish were landed during the regular season. 
Therefore, 497,358 lb (225.6 mt) remains available to the mop-up 
fishery. The Regional Administrator, after consulting with Council 
representatives via telephone on August 18, 1998, has determined that 
the mop-up fishery will occur, and that a cumulative trip limit of 
3,200 lb (1,452 kg) (round weight) in a 2-week period (August 28 - 
September 11, 1998) would give limited entry permit holders with 
sablefish endorsements the opportunity to harvest the remainder of the 
sablefish available to the primary fishery without exceeding the amount 
of sablefish set aside for that fishery. 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.
    Only limited entry permit holders with sablefish endorsements may 
participate in the mop-up fishery. No vessel may land more than one 
cumulative limit. Once a vessel has landed its 3,200 lb (1,452 kg) 
cumulative limit, it may not land more sablefish until the daily trip 
limits resume at 1201 hours on September 11, 1998. 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 vessel with a sablefish endorsed limited entry permit 
has been used to land its 3,200 lb (1,452 kg) cumulative trip limit in 
the mop-up fishery, 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.
    Following the mop-up fishery, daily trip limits are reimposed until 
the end of the year, or until modified. The sablefish daily trip limit 
for the limited entry fishery north of 36 deg. N. lat. after the mop-up 
season is 300 lb (136 kg) per day, with no more than 1,800 lb (816 kg) 
cumulative per 2-month periods of September-October and November-
December. 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 August 28, 1998, just 
before the start of the mop-up season, and between 1201 hours and

[[Page 45765]]

2400 hours on September 11, 1998, following the mop-up season.
    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 August 8, 1998. 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.

NMFS Actions

    For the reasons stated above, the 1998 annual management measures 
(63 FR 419, January 6, 1998) are modified. NMFS announces the dates of 
the fixed gear sablefish limited entry mop-up fishery and the amounts 
of sablefish that may be taken with limited entry fixed gear during and 
after the limited entry mop-up fishery in 1998. All other management 
provisions remain in effect.
    In Section IV., under B. Limited Entry Fishery, paragraph (4)(d)(i) 
is revised to read as follows:

B. Limited Entry Fishery

* * * * *
    (4) * * *
* * * * *
    (d) * * *
* * * * * 
    (i) Mop-Up Season. The mop-up season will begin at 12 noon (local 
time) on August 28, 1998, and end at noon on September 11, 1998. The 
cumulative trip limit for the mop-up fishery is 3,200 lb (1,452 kg). No 
vessel may be used to take more than one mop-up cumulative trip limit. 
(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, 3,200 lb (1,452 kg) round weight 
corresponds to 2,000 lb (907 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. 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 through 
April 1998 Council meetings, NMFS has determined that providing an 
opportunity for public notice and comment would be impractical, 
unnecessary, and contrary to public interest. Participants in the 
primary sablefish fishery are anxious to begin the mop-up fishery. 
Delay of this rule could push the mop-up season into inclement autumn 
weather; therefore, the agency believes 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: August 21, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-23012 Filed 8-24-98; 2:48 pm]
BILLING CODE 3510-22-F