[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45966-45968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23180]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 971229312-7312-01; I.D. 081498B]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Cumulative Limit Period 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 a change from 2-month cumulative trip limits to 
1-month cumulative trip limits for all groundfish species caught in the 
limited entry fisheries, except for sablefish caught with fixed gear, 
beginning September 1, 1998. This change, which is authorized by the 
Pacific Coast Groundfish Fishery Management Plan (FMP), is intended to 
allow more flexible inseason management during the final months of the 
year.

DATES: Effective 0001 hours local time (l.t.) September 1, 1998; except 
effective 0001 hours l.t. September 16, 1998 for vessels operating in 
the ``B'' platoon. These changes 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superseded, or rescinded, until the effective date of the 1999 annual 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 through September 14, 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: Katherine King or Yvonne deReynier, 
Northwest Region, NMFS, 206-526-6140; or Svein Fougner, Southwest 
Region, NMFS, 562-980-4000.

SUPPLEMENTARY INFORMATION: The following change to current management 
measures was recommended by the Pacific Fishery Management Council 
(Council) at its June 23-26, 1998, meeting in Seattle, WA, in 
consultation with the States of Washington, Oregon, and California.

[[Page 45967]]

    The Council meetings in September and November 1998 occur just 
after the beginning of 2-month cumulative trip limit periods, making it 
impossible to implement inseason changes at the beginning of those 
periods. To resolve this problem, the Council recommended resuming 1-
month cumulative trip limits on September 1, which means that the 60-
percent cumulative monthly limits within the current 2-month cumulative 
limits will become obsolete. By changing from 2-month cumulative 
periods to 1-month periods, the Council will have more flexibility at 
its September and November Council meetings to alter trip limits for 
managed species to ensure that the fishery is harvesting throughout the 
year without exceeding the harvest guidelines of those species.
    NMFS has discovered that the recreational bag limit for bocaccio 
caught off California was inadvertently omitted in the management 
measures. The recreational management measures are revised to reflect 
that the actual bag limit is 15 rockfish per day, of which no more than 
3 may be bocaccio.

NMFS Action

    For the reasons stated here, NMFS concurs with the Council's 
recommendations and announces the following changes to the 1998 annual 
management measures (63 FR 419, January 6, 1998, as amended at 63 FR 
24970, May 6, 1998, and 63 FR 36612, July 7, 1998).
    1. In Section IV., paragraph B. Limited Entry Fishery, is amended 
by removing paragraphs (2)(d) and (4)(c)(iii) and revising paragraphs 
(1), (2)(b), (2)(c), (3), (4)(c)(i), (4)(c)(ii), and (6)(a) to read as 
follows:
* * * * *
    B. Limited Entry Fishery
    (1) Widow Rockfish (commonly called brownies). The cumulative trip 
limit for widow rockfish is 15,000 lb (6,804 kg) per vessel per month.
    (2) * * *
* * * * *
    (b) Cumulative trip limits. The coastwide cumulative trip limit for 
the Sebastes complex is 20,000 lb (9,072 kg) per vessel per month. 
Within the cumulative trip limit for the Sebastes complex, no more than 
6,500 lb (2,948 kg) may be yellowtail rockfish taken and retained north 
of Cape Mendocino; no more than 1,000 lb (454 kg) may be bocaccio taken 
and retained south of Cape Mendocino; and no more than 7,500 lb (3,402 
kg) may be canary rockfish.
    (c) For operating in areas with different trip limits for the same 
species, see paragraph IV.A.(12) above.
    (3) POP. The cumulative trip limit for POP is 4,000 lb (1,814 kg) 
per vessel per month.
    (4) * * *
* * * * *
    (c) * * *
    (i) The monthly cumulative trip limits for species in the Dover 
sole, thornyheads, and trawl-caught sablefish complex are: for Dover 
sole, 11,000 lb (4,990 kg); for longspine thornyheads, 6,000 lb (2,722 
kg); for shortspine thornyheads, 2,500 lb (1,134 kg); for trawl-caught 
sablefish, 3,000 lb (1,361 kg).
    (ii) In any trip, no more than 500 lb (227 kg) may be trawl-caught 
sablefish smaller than 22 inches (56 cm) total length. (See paragraph 
IV.A.(6) regarding length measurement.)
* * * * *
    (6) Lingcod.
    (a) Trip limits. The cumulative trip limit for lingcod is 500 lb 
(227 kg) per vessel per month. No lingcod may be smaller than 24 inches 
(61 cm) total length, except for a 100-lb (45-kg) trip limit for trawl-
caught lingcod smaller than 24 inches (61 cm). Length measurement is 
explained at paragraph IV.A.(6).
* * * * *
    2. In Section IV., paragraph C. Trip Limits in the Open Access 
Fishery is amended by revising the first 5 sentences of the 
introductory text of paragraph C., revising paragraphs (1)(d), 
(1)(e)(i), (1)(e)(ii)(A), removing paragraph (3)(a), redesignating 
paragraph (3)(b) as paragraph (3), revising newly designated paragraph 
(3), and revising paragraph (4) to read as follows:
* * * * *
    C. Trip Limits in the Open Access Fishery
    Open access gear is used to take and retain groundfish from a 
vessel that does not have a valid limited entry permit for the Pacific 
coast groundfish fishery with an endorsement for the gear used to 
harvest the groundfish. This includes longline, trap, pot, hook-and-
line (fixed or mobile), set net (south 38 deg. N. lat. only), and 
exempted trawl gear (trawls used to target non-groundfish species: pink 
shrimp or prawns, and, south of Pt. Arena, CA (38 deg.57'30'' N. lat.), 
California halibut or sea cucumbers). Unless otherwise specified, a 
vessel operating in the open access fishery is subject to, and must not 
exceed any trip limit, frequency limit, and/or size limit for the open 
access fishery or for the limited entry fishery for the same area. Fish 
harvested under the limited entry limits also count toward the open 
access limits for rockfish or groundfish as applicable. For purposes of 
this paragraph, exempted trawl gear (trawl gear that is used to harvest 
shrimp, prawns, California halibut or sea cucumbers as provided in this 
paragraph C.) may not exceed any limit for the limited entry trawl 
fishery, unless otherwise specified. * * *
    (1) * * *
* * * * *
    (d) POP. The monthly cumulative limit for POP is 4,000 lb (1,814 
kg). (e) * * *
    (i) Yellowtail rockfish. The monthly cumulative limit for 
yellowtail rockfish is 6,500 lb (2,948 kg) north of Cape Mendocino.
    (ii) Bocaccio.
    (A) All open access gear except setnets or trammel nets. For all 
open access gear except setnets or trammel nets, the
    monthly limit for bocaccio is 1,000 lb (454 kg) south of Cape 
Mendocino, of which no more than 500 lb (227 kg) per trip may be taken 
and retained with hook-and-line or pot gear.
* * * * *
    (3) Lingcod. Lingcod may not be taken and retained, possessed, or 
landed by any open access gear, including exempted trawl gear, 
coastwide.
    (4) Dover sole. The monthly trip limit for Dover sole is 11,000 lb 
(4,990 kg), and applies to all open access gear.
* * * * *
    3. In Section IV., paragraph D. Recreational Fishery, is amended by 
revising paragraph (1) to read as follows:
* * * * *
    D. Recreational Fishery
    (1) California. The bag limits for each person engaged in 
recreational fishing seaward of the State of California are: 3 lingcod 
per day, which may be no smaller than 24 inches (61 cm) total length; 
and 15 rockfish per day, of which no more than 3 may be bocaccio. 
Multi-day limits are authorized by a valid permit issued by the State 
of California and must not exceed the daily limit multiplied by the 
number of days in the fishing trip.
* * * * *
    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. Because of the need for immediate action to 
implement these changes by September 1, 1998, and because the public 
had an opportunity to comment on the action at the June 1998 Council 
meeting, NMFS has determined that good cause exists for this document 
to be published without affording a prior opportunity for public 
comment or a 30-

[[Page 45968]]

day delayed effectiveness period. These actions are taken under the 
authority of 50 CFR 660.323(b)(1) and are exempt from review under 
Executive Order 12866.

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

    Dated: August 24, 1998.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-23180 Filed 8-27-98; 8:45 am]
BILLING CODE 3510-22-F