[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Rules and Regulations]
[Pages 42286-42287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19932]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 981231333-8333-01; I.D. 072699C]


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.

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SUMMARY: NMFS announces changes to the trip limits in the Pacific Coast 
groundfish limited entry fisheries for Sebastes complex species north 
of Cape Mendocino, and for yellowtail rockfish and for rockfish other 
than yellowtail and canary rockfish within the Sebastes complex, north 
of Cape Mendocino. These actions, which are authorized by the Pacific 
Coast groundfish fishery management plan (FMP), are intended to help 
the fisheries achieve optimum yields (OYs).

DATES: Effective 0001 hours local time (l.t.) August 1, 1999. For 
vessels operating in the B platoon, effective 0001 hours l.t. August 
16, 1999. These changes remain in effect, unless modified, superseded 
or rescinded, until the effective date of the 2000 annual 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 August 19, 1999.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
N.E., 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. 
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 may be made as necessary.
    Currently the limited entry cumulative landings limit for Sebastes 
complex species taken north of Cape Mendocino is 30,000 lb (13,608 kg) 
per 2-month period. Within that limit and also north of Cape Mendocino, 
the cumulative landings limit for yellowtail rockfish is 16,000 lb 
(7,257 kg) per 2-month period.
    The best available information at the June Council meeting 
indicated that 1,107 mt of Sebastes complex species had been landed 
north of Cape Mendocino through May 31, 1999, which is 69 percent of 
the 1,613 mt expected Sebastes complex landings for the January 1 
through May 31 period. Within those Sebastes complex landings, 630 mt 
of yellowtail rockfish had been landed north of Cape Mendocino through 
May 31, 1999, which is 76 percent of the 832 mt expected yellowtail 
rockfish landings for the January 1 through May 31 period. These 
relatively low landings rates may be due to several factors, including 
poor winter weather and unusual La Nina ocean conditions. If the 
fishery were to continue under current landings limits, the fleet would 
not harvest its allocations for these species by the end of the year 
and, therefore the fishery would not achieve OY. For this reason, the 
Council recommended that the 2-month cumulative trip limit for Sebastes 
complex species taken north of Cape Mendocino be increased to 35,000 lb 
(15,876 kg) for the period of August 1 through September 30. Within 
that limit, the Council recommended that the 2-month cumulative trip 
limit for yellowtail rockfish taken north of Cape Mendocino be 
increased to 20,000 lb (9,072 kg) for the period of August 1 through 
September 30. The Council further recommended adding a

[[Page 42287]]

cumulative trip limit for rockfish, other than yellowtail rockfish and 
canary rockfish, taken under the Sebastes complex landings limit and 
north of Cape Mendocino. Within the Sebastes complex limit, the Council 
recommended an ``other rockfish'' 2-month cumulative trip limit of 
10,000 lb (4,536 kg) for the period of August 1 through September 30. 
The purpose of this ``other rockfish'' limit is to discourage effort 
shifts to other rockfish species with much smaller harvest guidelines.
    Beginning October 1, the 2-month cumulative trip limits for all 
limited entry landings will convert to 1-month limits, as previously 
announced in the Federal Register, including limits for the Sebastes 
complex, yellowtail rockfish and canary rockfish north of Cape 
Mendocino. Additionally, the ``other rockfish'' 2-month cumulative trip 
limit will convert to a monthly cumulative trip limit of 4,000 lb 
(1,814 kg) north of Cape Mendocino.

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; 64 FR 16862, April 7, 
1999, and 64 FR 24062, May 5, 1999) as amended. The annual management 
measures are amended as follows:
    1. In section IV, under B. Limited Entry Fishery, table 3 under 
paragraph B, (2)(b)(i) is revised to read as follows:

B. Limited Entry Fishery

* * * * *
    (2) * * *
    (b) * * *
    (i) * * *

                                                  Table 3.--Sebastes Complex and Its Component Species
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                                                                          Cumulative trip limits (in pounds)
                                          --------------------------------------------------------------------------------------------------
                                             Sebastes complex (north                   Rockfish    Canary rockfish \1\ (north
                                                and south of Cape                     other than        and south of Cape                     Length of
                   Cumulative trip limit           Mendocino)           Yellowtail    yellowtail           Mendocino)          Bocaccio \1\   cumulative
     Phase                periods         ---------------------------- rockfish \1\   and canary  ----------------------------   (south of    trip limit
                                                                         (north of    \1\ (north                                   Cape         period
                                                                           Cape         of Cape                                 Mendocino)     (months)
                                               North         South      Mendocino)    Mendocino)       North         South

--------------------------------------------------------------------------------------------------------------------------------------------------------
I                Jan. 1-Mar. 31..........        24,000        13,000        15,000                       9,000         9,000       750 per            3
                                                                                                                                      month
                                            (10,886 kg)    (5,897 kg)    (6,804 kg)                  (4,082 kg)    (4,082 kg)      (340 kg)
II               Apr. 1-May 31...........        25,000         6,500        13,000                       9,000         6,500       750 per            2
                                                                                                                                      month
                                            (11,340 kg)    (2,948 kg)    (5,897 kg)                  (4,082 kg)    (2,948 kg)      (340 kg)
                 June 1-July 31..........        30,000         3,500        16,000                      14,000         3,500     \2\ 1,000            2
                                            (13,608 kg)    (1,588 kg)    (7,257 kg)                  (6,350 kg)    (1,588 kg)      (454 kg)
                 Aug. 1-Sept. 30.........        35,000         3,500        20,000        10,000        14,000         3,500     \2\ 1,000            2
                                            (15,876 kg)    (1,588 kg)    (9,072 kg)    (4,536 kg)    (6,350 kg)    (1,588 kg)      (454 kg)
III              Oct. 1-31...............        10,000         5,000         5,000         4,000         3,000         3,000           500            1
                 Nov. 1-30...............        10,000         5,000         5,000         4,000         3,000         3,000           500            1
                 Dec. 1-31...............        10,000         5,000         5,000         4,000         3,000         3,000           500            1
                                             (4,536 kg)    (2,268 kg)    (2,268 kg)    (1,814 kg)    (1,361 kg)    (1,361 kg)     (227 kg)
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\1\ Also counts toward the overall Sebastes complex limit.
\2\ No more than 500 lb (227 kg) of bocaccio may be landed per trip, which counts towards the cumulative trip limits for bocaccio and the Sebastes
  complex south of Cape Mendocino.

* * * * *

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 begins on August 1, 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 to 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 29, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-19932 Filed 7-29-99; 4:02 pm]
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