[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36817-36818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17325]



[[Page 36817]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 981231333-8333; I.D. 062999D]


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

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

ACTION: Fishing restrictions; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces changes to trip limits in the Pacific Coast 
groundfish limited entry, fixed gear daily trip limit fishery for 
sablefish, and in the open access fisheries for sablefish and widow 
rockfish. These actions, which are authorized by the Pacific Coast 
groundfish fishery management plan (FMP), are intended to help the 
fisheries achieve optimum yield (OY).

DATES: Effective 0001 hours local time (l.t.) July 2, 1999, unless 
modified, superseded or rescinded, until the effective date of the 2000 
annual specifications and management measures for the Pacific Coast 
groundfish fishery, which will be published in the Federal Register. 
Comments on this rule will be accepted through July 23, 1999.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE., BIN C15700, Bldg. 1, Seattle, WA 98115-0070; or Rodney McInnis, 
Acting 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.

SUPPLEMENTARY INFORMATION: The following changes to current management 
measures were recommended by the Pacific Fishery Management Council 
(Council), in consultation with the States of Washington, Oregon, and 
California, at its June 22 through 25, 1999, meeting in Portland, OR. 
All of the changes are increases to current cumulative trip limits. The 
adjusted trip limits are calculated to provide a year-long fishing 
opportunity. Pacific coast groundfish landings will be monitored 
throughout the year, and further adjustments to the cumulative trip 
limits will be made as necessary.

Limited Entry, Fixed Gear Daily Trip Limit Fishery for Sablefish

    Currently the limited entry, fixed gear (or ``nontrawl'') daily 
trip limit fishery for sablefish north of 36 deg. N. lat. is managed 
with a 2-month cumulative trip limit of 2,400 lb (1,089 kg), which was 
set in place at the beginning of 1999 (64 FR 1316, January 8, 1999 as 
amended at 64 FR 16862, April 7, 1999). No more than 300 lb (136 kg) of 
sablefish may be landed per day.
    The best available information at the June Council meeting 
indicated that 68 mt, (18 percent of the 379-mt set aside for the daily 
trip limit portion of the fishery and 15 percent of the 2,516 mt 
limited entry nontrawl sablefish allocation), had been landed through 
May 31, 1999. Fishers present at meetings of the Groundfish Management 
Team and Groundfish Advisory Panel indicated that this low rate of 
landings may be due to several factors, including poor winter weather, 
unusual La Nina ocean conditions, and fishers shifting effort to target 
higher-priced non-groundfish species. If the fishery were to continue 
under current landings limits, the fleet would not harvest the 379-mt 
of sablefish set aside for this fishery in 1999 and therefore, the 
fishery would not achieve OY. For this reason, the Council recommended 
that the current 2-month cumulative trip limit be increased to 4,200 lb 
(1,905 kg) for the period of July 1 through August 31, 1999. The 
Council further recommended converting the 2-month cumulative trip 
limits to monthly cumulative trip limits of 2,100 lb (953 kg), 
beginning September 1, 1999. Managing this fishery under monthly 
cumulative limit periods during the later portion of the year will give 
the Council greater flexibility, should it need to make inseason 
adjustments following its September and November meetings. [Note: The 
2-month cumulative trip limit periods for sablefish caught in the 
limited entry, fixed gear fishery are not the same as for the limited 
entry trip limits for other species.]

Open Access Fisheries for Sablefish and Widow Rockfish

    The open access fishery for sablefish north of 36 deg. N. lat. is 
managed similarly to the limited entry, fixed gear daily trip limit 
fishery. A 300-lb (136 kg) daily limit, which counts toward a 2-month 
cumulative trip limit of 1,800 lb (816 kg), was established at the 
beginning of 1999 (64 FR 1316, January 8, 1999 as amended at 64 FR 
16862, April 7, 1999).
    The best available information at the June Council meeting 
indicated that 42 mt, or 10 percent of the 423-mt open access 1999 
sablefish allocation, had been landed through May 31, 1999. The 
possible reasons for the low rates of landings in this fishery are 
similar to those for sablefish in the limited entry daily trip limit 
fishery. If the fishery were to continue under current landings limits, 
the open access fleet would not harvest its 423-mt sablefish allocation 
and, therefore, the fishery would not achieve OY. For this reason, the 
Council recommended that the current 2-month cumulative trip limit be 
increased to 3,000 lb (1,361 kg) for the period of July 1 through 
August 31, 1999. The Council further recommended converting the 2-month 
cumulative trip limits to monthly cumulative trip limits of 1,500 lb 
(680 kg), beginning September 1, 1999. Managing this fishery under 
monthly cumulative limit periods during the later portion of the year 
will give the Council greater flexibility, should it need to make 
inseason adjustments following its September or November meetings.

Widow Rockfish

    Currently, the open access fishery for widow rockfish is managed 
with a 1-month cumulative trip limit of 2,000 lb (907 kg). The best 
available information at the June Council meeting indicated that the 
open access fishery had landed 15 mt, or 8 percent of its 184 mt widow 
rockfish allocation through May 31, 1999. If the fishery were to 
continue under the current widow rockfish cumulative monthly limit, it 
would not harvest its 1999 widow rockfish allocation by the end of the 
year and, therefore, the fishery would not achieve OY. The Council 
expected that raising the widow rockfish cumulative trip limit during 
summer months, when open access fishery participation is strongest, 
would increase the likelihood that the fishery would harvest its widow 
rockfish allocation before the end of the year. For this reason, the 
Council recommended increasing the open access widow rockfish monthly 
cumulative limit to 8,000 lb (3,629 kg), beginning July 1, 1999.

NMFS Action

    For the reasons stated previously, NMFS concurs with the Council's 
recommendations and announces the following changes to the 1999 annual 
management measures (64 FR 1316, January 8, 1999) and as amended at 64 
FR 16862, April 7, 1999). The annual

[[Page 36818]]

management measures are modified as follows:
    1. In section IV, under B. Limited Entry Fishery, paragraph 
B.(6)(d)(ii)(A) is revised to read as follows:

B. Limited Entry Fishery

* * * * *
    (6) * * *
    (d) * * *
    (ii) * * *
    (A) North of 36 deg. N. lat. The daily trip limit, which applies to 
sablefish of any size, is in effect north of 36 deg. N. lat. until the 
closed periods before or after the regular season as specified at 50 
CFR 660.323(a)(2), between the end of the regular season and the 
beginning of the mop-up season, and after the mop-up season. The daily 
trip limit for sablefish taken and retained with nontrawl gear north of 
36 deg.00' N. lat. is 300 lb (136 kg), which counts toward a cumulative 
trip limit of 4,200 lb (1,905 kg) per 2-month period (July 1 through 
August 31, 1999) except during the regular season. The 2-month periods 
in 1999 are: January 1-February 28, March 1-April 30, May 1-June 30, 
and July 1-August 31. Beginning September 1, the cumulative trip limit 
is converted from 2-month periods to 1-month periods, and the daily 
trip limit for sablefish taken and retained with nontrawl gear north of 
36 deg.00' N. lat. of 300 lb (136 kg) counts toward cumulative trip 
limit of 2,100 lb (953 kg) per calendar month except during the mop-up 
season.
* * * * *
    2. In section IV, under C. Trip limits in the Open Access Fishery, 
paragraphs C.(1)(b), C.(2)(a), C.(2)(a)(i), and C.(2)(b) are revised to 
read as follows:

C. Trip Limits in the Open Access Fishery

* * * * *
    (1) * * *
    (b) Widow rockfish. The cumulative monthly limit for widow rockfish 
coastwide is 8,000 lb (3,629 kg) per vessel.
* * * * *
    (2) * * *
    (a) Hook-and-line, pot, setnet and trammel net. The following trip 
limits apply to all open access gear, except for exempted trawl gear.
    (i) North of 36 deg.00' N. lat. North of 36 deg.00' N. lat., the 
daily trip limit for sablefish is 300 lb (136 kg), which counts toward 
a cumulative trip limit of 3,000 lb (1,361 kg) for the period of July 1 
through August 31, 1999. Beginning September 1, the daily trip limit 
for sablefish counts toward a cumulative trip limit of 1,500 lb (680 
kg) per calendar month.
    (ii) * * *
    (b) Exempted trawl gear. (i) Sablefish taken by vessels engaged in 
fishing for spot and ridgeback prawns, California halibut, or sea 
cucumber with exempted trawl gear. North of 36 deg.00' N. lat., the 
daily trip limit for sablefish is 300 lb (136 kg), which counts toward 
a cumulative trip limit of 1,800 lb (816 kg) per 2-month period. South 
of 36 deg.00' N. lat., the daily trip limit for sablefish is 350 lb 
(159 kg) per day. [Note: All sablefish taken by vessels engaged in 
fishing for spot and ridgeback prawns, California halibut, or sea 
cucumber with exempted trawl gear may not exceed and counts against the 
300 lb (136 kg) per trip limit for groundfish specified below at 
paragraph IV.C.(6).]
    (ii) Sablefish taken by vessels engaged in fishing for pink shrimp 
with exempted trawl gear. North of 36 deg.00' N. lat., the cumulative 
trip limit for sablefish is 1,800 lb (816 kg) per 2-month period. South 
of 36 deg.00' N. lat., the daily trip limit for sablefish is 350 lb 
(159 kg) per day, which may not be multiplied by the number of days in 
the trip. [Note: All sablefish taken by vessels engaged in fishing for 
pink shrimp with exempted trawl gear may not exceed and counts against 
the 500 lb (227 kg) per day and 2,000 lb (907 kg) per trip limit for 
groundfish specified below at paragraph IV.C.(7).]
* * * * *

Classification

    These actions are authorized by the regulations implementing the 
FMP, and are based on the most recent data available. The aggregate 
data upon which these actions are based are available for public 
inspection at the office of the Administrator, Northwest Region, NMFS 
(see ADDRESSES) during business hours.
    NMFS finds good cause to waive the requirement to provide prior 
notice and an opportunity for public comment on this action pursuant to 
5 U.S.C. 553(b)(B), because providing prior notice and opportunity for 
comment would be impractical. It would be impractical because the 
cumulative trip limit period began July 2, 1999, and affording 
additional notice and opportunity for public comment would impede the 
due and timely execution of the agency's function of managing fisheries 
to achieve OY.
    NMFS also finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), because such a delay 
would be contrary to the public interest. This action should be 
implemented at the beginning of the cumulative trip limit period to 
avoid confusion and maximize the potential that fishers will harvest 
the allocation. For these reasons good cause exists to waive the 30-day 
delay in effectiveness.
    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: July 1, 1999.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-17325 Filed 7-2-99; 4:01 pm]
BILLING CODE 3510-22-F