[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Rules and Regulations]
[Pages 54786-54791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26100]
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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. 092999C]
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 restrictions for the Pacific
Coast groundfish limited entry fisheries for the Sebastes complex,
canary rockfish, widow rockfish, and trawl-caught sablefish coastwide;
yellowtail rockfish north of Cape Mendocino; daily trip limit nontrawl
sablefish north of 36 deg. N. lat.; and chilipepper and splitnose
rockfish south of Cape Mendocino. NMFS announces changes to the open
access restrictions for the Sebastes complex, bocaccio, widow rockfish,
and chilipepper rockfish south of Cape Mendocino; and daily trip limits
for nontrawl sablefish north of 36 deg. N. lat. NMFS also announces the
coastwide closure for lingcod taken with any open access gear. This
action also announces the last cumulative trip limit period in 1999 for
the ``B'' platoon, those limited entry trawl vessels designated to take
their cumulative trip limits 2 weeks out of phase with the rest of the
fleet. These actions, which are authorized by the Pacific Coast
Groundfish Fishery Management Plan (FMP), are intended to extend the
fisheries as long as possible during the year while keeping landings
within the 1999 optimum yields (OYs) and allocations for these species.
DATES: Effective 0001 hours local time (l.t.) October 1, 1999. For
limited entry vessels operating in the B platoon, effective 0001 hours
l.t. October 16, 1999. These changes are 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superseded, or rescinded, until the effective date of the 2000 annual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 will
be accepted through October 25, 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 to 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 Becky Renko,
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 September 13 through 17, 1999, meeting in Portland,
OR. The adjusted trip limits are calculated to achieve, but not exceed,
the OYs and allocations for the groundfish fishery, so as to provide a
year-long fishing opportunity for at least some groundfish species.
Pacific coast groundfish landings will be monitored throughout the
year, and further adjustments to the cumulative trip limits may be made
as necessary.
As previously announced in the Federal Register (64 CFR 1316
January 8, 1999) the third trip limit fishing phase of 1999 will begin
on October 1, 1999. At this time, the 2-month cumulative trip limits
that applied to limited entry landings during the second fishing phase
of 1999, April 1 to September 30, 1999, will convert to 1-
[[Page 54787]]
month limits for the October 1 to December 31 period.
Limited Entry Sebastes Complex Cumulative Trip Limit Decrease
The best available information at the Council's September meeting
indicated that 2,935 mt of Sebastes complex species had been landed in
the limited entry fishery north of Cape Mendocino through August 31,
1999, which is 73 percent of the 4,033 mt of the Sebastes complex
landed catch target for the year. South of Cape Mendocino, 798 mt of
the Sebastes complex species had been landed, which is 85 percent of
the 941 mt of the Sebastes complex landed catch target for the year. If
the fishery were to continue at current landing rates, the fleet would
exceed its target levels for these species before the end of the year.
Because of this, the Council changed its earlier recommendation for the
Sebastes complex 1-month cumulative trip limits, effective October 1,
1999, from 10,000 (4,536 kg) north of Cape Mendocino and from 5,000 lb
(2,268 kg) south of Cape Mendocino to a coastwide cumulative limit of
500 lb (227 kg) per month.
The Sebastes complex includes yellowtail rockfish, canary rockfish,
and bocaccio, which have their own cumulative limits and which count
toward the overall Sebastes cumulative limits. Within the Sebastes
complex, 1,983 mt of yellowtail rockfish had been landed north of Cape
Mendocino through August 31, 1999, which is 95 percent of the 2,080 mt
landed catch target. Preliminary data from the at-sea whiting fleet
indicate that the actual catch of yellowtail was roughly 300 mt higher
than was planned for, based on previous years' data. If the fishery
were to continue at the same rates as were seen in June or July, it is
likely that the limited entry allocations for yellowtail and the
northern Sebastes complex could be reached by the end of September.
Because of this, the Council recommended that the 1-month cumulative
trip limit for yellowtail rockfish taken north of Cape Mendocino be
decreased from its prior recommendation of 5,000 lb (2,268 kg) to 300
lb (136 kg) for each 1-month cumulative trip limit period between
October 1 and December 31, 1999.
So as not to exceed the overall Sebastes complex limits, the
Council also recommended decreasing the coastwide cumulative trip limit
for canary rockfish from its prior recommendation of 3,000 lb (1,361
kg) to 500 lb (227 kg) per 1-month trip limit period from October 1 to
December 31, 1999. Similarly, the 1-month cumulative trip limits for
Sebastes species, other than yellowtail rockfish and canary rockfish
north of Cape Mendocino, would be reduced to 500 lb (227 kg) from the
Council's prior recommendation of 4000 lb (1,814 kg) so that the total
Sebastes limit is not exceeded.
As previously announced, the bocaccio rockfish limit of 500 lb (227
kg) per 1-month south of Cape Mendocino becomes effective October 1,
1999.
Limited Entry Chilipepper Rockfish and Splitnose Rockfish South of
Cape Mendocino Trip Limit Decrease
The chilipepper rockfish 1-month cumulative trip limits for each
period between October 1, 1999, and December 31, 1999, are currently
set at 18,000 lb (8,165 kg). The splitnose rockfish (rosefish) 1-month
cumulative trip limit for this same period is currently set at 10,000
lb (4,536 kg). The Council expressed concern about the bycatch and
potential discard of Sebastes complex species by vessels targeting on
chilipepper and splitnose rockfish particularly when the Sebastes
complex cumulative trip limit is reduced to 500 lb (227 kg) per month
on October 1, 1999. As a result of this concern, the Council
recommended that the 1-month cumulative trip limits for chilipepper
rockfish and splitnose rockfish cumulative trip limits south of Cape
Mendocino each be reduced to 5,000 lb (2,268 kg) on October 1, 1999.
Limited Entry Widow Rockfish Trip Limit Restriction for Vessels
Landing Catch in Washington and Oregon
Through August 31, 1999, 2,415 mt, or 64 percent of the 3,777 mt,
coastwide limited entry landed catch target for widow rockfish had been
taken. However, an increase in the cumulative trip limit for widow
rockfish to 30,000 lb (13,608 kg) on October 1, 1999, as earlier
recommended, is complicated by the likely bycatch of other species in
the Sebastes complex, particularly yellowtail rockfish, associated with
bottom trawl fishing strategies. Council discussion focused on the
regulatory authority to prohibit the use of bottom trawl gear to target
widow rockfish for the last 3 months of 1999. However, NMFS does not
have the regulatory flexibility to restrict the use of specific types
of trawl gear by October 1, 1999. Yellowtail rockfish bycatch in bottom
trawls targeting widow rockfish is primarily an issue in waters off
Washington and Oregon. The Council agreed to keep the widow rockfish 1-
month trip limit at 30,000 lb (13,608 kg) for the 1-month periods
between October 1, 1999, and December 31, 1999, because the States of
Washington and Oregon will adopt regulations that require vessels
landing the 1-month trip limit of 30,000 lb (13,608 kg) to have
midwater gear onboard the vessel. If a vessel does not have midwater
gear on board, the state-imposed trip limit of 500 lb (227 kg) per 1-
month cumulative period will be applied. The Council agreed that this
measure would adequately address the bycatch concern while allowing the
widow rockfish allocation to be taken.
Limited Entry Non-Trawl Sablefish Fishery Cumulative Trip Limit
Increase Daily Trip Limit Fishery North of 36 deg. N. Lat.
On September 1, 1999, the 1-month cumulative trip limit for the
daily trip limit non-trawl sablefish fishery north of 36 deg. N. lat.
was set at 2,100 lb (952 kg), with a 300 lb (136 kg) daily trip limit
that counts toward the 1-month limit. The best available information at
the September Council meeting indicated that 2,177 mt of the 2,516 mt
allocation had been landed through August 31, 1999. Because of low
landings earlier in the year, the Council recommended increasing the 1-
month cumulative trip limit to 3,600 lb (1,633 kg) from October 1,
1999, through December 31, 1999, with the continuation of a daily 300
lb (136 kg) trip limit per vessel.
Limited Entry Trawl-Caught Sablefish Trip Limit Increase
The trawl-caught sablefish 1-month cumulative limit for each period
between October 1 through December 31, 1999, is currently set at 6,000
lb (2,722 kg). The best available information at the September Council
meeting indicated that 1,967 mt, or 57 percent of the 3,475 mt, trawl
sablefish allocation had been landed by limited entry trawl vessels
through August 31, 1999. To give the fleet access to sablefish not
taken earlier in the year, the Council recommended increasing the 1-
month cumulative trip limit to 7,000 lb (3,175 kg) for each 1-month
trip limit period between October 1 and December 31, 1999.
Open Access Sebastes Complex South of Cape Mendocino
The 1-month cumulative trip limit for the Sebastes complex south of
Cape Mendocino is currently 2,000 lb (907 kg) per vessel. Through
August 31, 1999, 341 mt, or 75 percent of the 455 mt, open access
Sebastes allocation had been taken. Monthly landings for June to August
ranged from 39 to 73 mt. If the fishery were to continue at current
landing rates, the fleet would exceed its harvest allocations for these
species
[[Page 54788]]
before the end of the year. The Council recommended that the Sebastes
complex 1-month cumulative trip limit south of Cape Mendocino be
reduced to 500 lb (227 kg).
Bocaccio catch applies toward the cumulative monthly limit for the
Sebastes complex south of Cape Mendocino. The 1-month limit for
bocaccio taken in setnets or trammel nets is currently set at 1000 lb
(454 kg). Because the cumulative limit of Sebastes complex species
cannot be exceeded by a component of the complex, the 1-month limit is
effectively reduced to 500 lb (227 kg) for the bocaccio taken with
setnets or trammel nets.
Open Access Widow Rockfish Trip Limit Decrease South of Cape
Mendocino
The coastwide cumulative monthly limit for widow rockfish taken
with open access gear is currently 8,000 lb (3,629 kg) per vessel. The
Council recommended reducing the monthly limit to 4,000 lb (1,814 kg)
south of Cape Mendocino to minimize bycatch of the Sebastes complex
species whose 1-month cumulative trip limit has been reduced to 500 lb
(227 kg) on October 1, 1999.
Open Access Chilipepper Rockfish Trip Limit Decrease South of Cape
Mendocino
The cumulative monthly limit for chilipepper rockfish taken with
open access gear south of Cape Mendocino is currently 6,000 lb (2,722
kg) per vessel. As for widow rockfish, the Council expressed concerns
about the bycatch of species within the Sebastes complex and identified
the need to reduce the opportunity for vessels to target on chilipepper
south of Cape Mendocino. Because of this concern, the Council
recommended that the 1-month trip limits south of Cape Mendocino be
reduced to 3,000 lb (1,361 kg).
Open Access Daily Trip Limit Sablefish Fishery Cumulative Trip
Limit Increase North of 36 deg. N. Lat
The 1-month cumulative trip limit for the open access daily trip
limit sablefish fishery north of 36 deg. N. lat. is currently 1,500 lb
(680 kg), with a 300 lb (136 kg) per day limit, which counts toward the
cumulative monthly limit. Because of low catches earlier in the year,
the Council recommended increasing the monthly cumulative limits to
2,700 lb (1,225 kg), with the continuation of a daily 300 lb (136 kg)
trip limit per vessel. This increase applies only to the nontrawl
fishery.
Open Access Coastwide Lingcod Closure
The best available data through August 31, 1999, indicated that 72
mt or 90 percent of the 82 mt open access lingcod allocation had been
taken. Monthly landings from June to August were between 15 mt and 18
mt. At these rates the open access lingcod allocation is expected be
reached by the end of September. Effective October 1, 1999, the Council
recommended that open access landings of lingcod be prohibited
coastwide. These prohibitions apply to all gear, including exempted
trawl gear.
Final Period for the ``B'' Platoon
NMFS also announces the last cumulative trip limit period in 1999
for the ``B'' platoon, those limited entry trawl vessels designated (on
their limited entry permit) to take their cumulative trip limits 2
weeks out of phase with the rest of the fleet. For vessels in the ``B''
platoon, the final cumulative trip limit period will be from November
16, 1999, through December 31, 1999. At any time during this period,
each vessel in the ``B'' platoon is allowed time during this period,
each vessel in the ``B'' platoon is allowed to take and retain,
possess, or land the equivalent of two 1-month cumulative limits (the
November and December cumulative trip limits).
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; 64 FR 24062, May 5, 1999; 64 FR 36817, July 8, 1999; and 64 FR
42286, August 4, 1999) as amended. The annual management measures are
modified as follows:
1. In section IV., under B. Limited Entry Fishery, under paragraph
B.(1), a note is added at the end of table 2; paragraph B.(2)(b)(ii) is
removed, paragraph B.(2)(b)(i) is redesignated B.(2)(b)(ii), the
introductory language at paragraph B.(2)(b) is redesignated as
B.(2)(b)(i), and revised , and table 3 under the newly redesignated
paragraph B.(2)(b) (ii) is revised; table 4 under paragraph B.(4),
table 5 under paragraph B.(5), table 6 under paragraph B.(6)(c), and
paragraph B.(6)(d)((ii)(A) are revised, to read as follows:
B. Limited Entry Fishery
* * * * *
(1) * * *
Table 2--Widow Rockfish
* * * * *
Note: The States of Washington and Oregon are expected to
implement more restrictive limits on October 1, 1999, such that the
30,000 lb monthly cumulative limit for widow rockfish will be
available only to vessels using midwater trawl gear. If midwater
trawl gear is not used, Washington and Oregon will impose a
cumulative monthly trip limit for widow rockfish of only 500 lb (227
kg) per month. The states may also require that only midwater trawl
gear may be on board when landing more than 500 lb of widow
rockfish. The Washington Department of Fish and Wildlife and the
Oregon Department of Fish and Wildlife should be contacted before
taking and retaining, possessing, or landing widow rockfish in ocean
waters off Washington or Oregon.
(2) * * *
(b) Trip limits for the Sebastes complex.
(i) Harvest of all Sebastes complex species with their own
cumulative limits (yellowtail rockfish, canary rockfish, bocaccio),
count toward the overall applicable Sebastes cumulative limits for the
areas north and south of Cape Mendocino.
(ii) * * *
[[Page 54789]]
Table 3: Sebastes Complex and Its Component Species
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Cumulative trip limits (in pounds)
----------------------------------------------------------------------------------------------------------------------------- Length of
Sebastes complex (north and south Sebastes other Canary rockfish \1\ (north and cumulative
Phase Cumulative trip limit of Cape Mendocino) Yellowtail than yellowtail south of Cape Mendocino) Bocaccio \1\ trip limit
periods ------------------------------------ rockfish \1\ and canary \1\ ----------------------------------- (south of Cape period
(north of Cape (north of Cape Mendo-cino) (month)
North South Mendocino) Mendocino) North South
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I............................. Jan 1-Mar 31.......... 24,000.......... 13,000.......... 15,000.......... ................ 9,000........... 9,000.......... 750 per month... ...........
(10,886 kg) (5,897 kg) (6,804 kg) (4,082 kg) (4,082 kg) (340 kg)
III........................... Oct 1-31.............. 500 coastwide 300............. 500............. 500 coastwide 500............. 1
Nov 1-30.............. 500 coastwide 300............. 500............. 500 coastwide 500............. 1
Dec 1-31.............. 500 coastwide 300............. 500............. 500 coastwide 500............. 1
(227 kg) (136 kg)........ (227 kg)........ (227 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.
* * * * *
(4) * * *
Table 4: Chilipepper rockfish
[south of Cape Mendocino]
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Length of
Cumulative cumulative
Fishing Cumulative trip limit periods trip limit (in trip limit
pounds) period
(months)
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I.................................... Jan 1-Mar 31............................. 45,000 3
20,412 kg
II................................... Apr 1-May 31............................. 25,000 2
June 1-July 31........................... 25,000 2
Aug 1-Sept 30............................ 25,000 2
*11,340 kg
III.................................. Oct 1-31................................. 5,000 1
Nov 1-30................................. 5,000 1
Dec 1-31................................. 5,000 1
*2,268 kg
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(5) Splitnose rockfish. The cumulative trip limit for splitnose
rockfish south of Cape Mendocino is as follows, unless otherwise
announced in the Federal Register:
Table 5: Splitnose rockfish (rosefish)
[south of Cape Mendocino]
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Length of
cumulative
Fishing phase Cumulative trip limit periods Cumulative trip limit
trip limit period
(months)
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I.................................... Jan 1-Mar 31............................. 32,000 3
*14,515 kg
II................................... Apr 1-May 31............................. 19,000 2
June 1-July 31........................... 19,000 2
Aug 1-Sept 30............................ 19,000 2
*8,618 kg
III.................................. Oct 1-31................................. 5,000 1
Nov 1-30................................. 5,000 1
Dec 1-31................................. 5,000 1
2,268 kg
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*In kilograms.
(6) * * *
(c) * * *
[[Page 54790]]
Table 6: DTS Complex
[coastwide]
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Cumulative trip limits (in pounds)
-------------------------------------------------------------------------- Length of
Longspine Shortspine Trawl-caught cumulative
Phase Cumulative trip limit periods Dover sole thornyhead thornyhead sablefish* trip limit
cumulative trip cumulative trip cumulative trip cumulative trip period
limit limit limit limit (months)
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I.............................. Jan 1-Mar 31................. 70,000........... 12,000........... 3,000........... 13,000.......... 3
(31,752 kg)...... (5,443 kg)....... (1,361 kg)...... (5,897 kg)......
II............................. Apr 1-May 31................. 25,000........... 8,000............ 2,000........... 12,000.......... 2
(11,340 kg)...... ................. ................ (5,443 kg)......
June 1-July 31............... 20,000........... 8,000............ 2,000........... 10,000.......... 2
Aug 1-Sept 30................ 20,00............ 8,000............ 2,000........... 10,000.......... 2
(9,072 kg)....... (3,629 kg)....... (907 kg)........ (4,536 kg)......
III............................ Oct 1-31..................... 22,000........... 4,000............ 1,000........... 7,000........... 1
Nov 1-30..................... 22,000........... 4,000............ 1,000........... 7,00............ 1
Dec 1-31..................... 22,000........... 4,000............ 1,000........... 7,000........... 1
(9,979 kg)....... (1,814 kg)....... (454 kg)........ (3,175 kg)......
II............................. Apr 1-May 31................. 25,000........... 8,000............ 2,000........... 12,000.......... 2
11,340 kg)....... ................. ................ (5,443 kg)......
June 1-July 31............... 20,000........... 8,000............ 2,000........... 10,000.......... 2
Aug 1-Sept 30................ 20,000........... 8,000............ 2,000........... 10,000.......... 2
(9,072 kg)....... (3,629 kg)....... (907 kg)........ (4,536 kg)......
III............................ Oct 1-31..................... 22,00............ 4,000............ 1,000........... 7,000........... 1
Nov 1-30..................... 22,000........... 4,000............ 1,000........... 7,000........... 1
Dec 1-31..................... 22,000........... 4,000............ 1,000........... 7,000........... 1
(9,979 kg)....... (1,.814 kg)...... (454 kg)........ (3,175 kg)......
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* At any time of year unless otherwise announced, no more than 500 lb (227 kg) per trip may be trawl-caught sablefish smaller than 22 inches (56 cm) TL.
(See paragraph IV.A.(6) regarding length measurement.)
(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. N. lat. is 300 lb (136 kg), which counts toward a cumulative
trip limit of 3,600 lb (1,633 kg) per calendar month.
* * * * *
2. In section IV., under C. Trip Limits in the Open Access Fishery,
paragraphs (1)(b), (1)(d)(i), (1)(e), (2)(a)(i), and (3) are revised,
to read as follows:
C. Trip Limits in the Open Access Fishery
(1) * * *
(b) Widow rockfish. The cumulative monthly trip limit for widow
rockfish is 8,000 lb (3,629 kg) per vessel north of Cape Mendocino and
4,000 lb (1,814 kg) per vessel south of Mendocino. (These limits are
not additive; the crossover provisions at paragraph IV.A. (12) apply.)
* * * * *
(d) * * *
(i) Cumulative monthly limits. The cumulative monthly limit for the
Sebastes complex is 12,000 lb (5,443 kg) per vessel north of Cape
Mendocino, and 500 lb (227 kg) per vessel south of Cape Mendocino.
Within the cumulative trip limit for the Sebastes complex north of Cape
Mendocino, no more than 2,000 lb (907 kg) per month may be canary
rockfish, no more than 6,500 lb (2,948 kg) per month may be yellowtail
rockfish, no more than 3,500 lb (1,588 kg) per month may be black
rockfish and blue rockfish combined, no more than 2,000 lb (907 kg) per
month may be Sebastes complex species other than yellowtail rockfish,
canary rockfish, black rockfish and blue rockfish. The 500-lb (227 kg)
cumulative monthly trip limit for the Sebastes complex south of Cape
Mendocino includes canary rockfish, bocaccio, and other Sebastes
species south of Cape Mendocino, which are counted toward the Sebastes
limit, and together may not exceed the monthly cumulative limit for the
Sebastes complex south of Cape Mendocino.
[Note: The sum of the cumulative monthly limits for canary
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and
other Sebastes rockfish is greater than the overall monthly
cumulative limit for the Sebastes complex north of Cape Mendocino,
which may not be exceeded. Consequently, the monthly cumulative
limits for canary rockfish, yellowtail rockfish, black rockfish and
blue rockfish, and other Sebastes complex species north of Cape
Mendocino cannot all be achieved. Similarly, any of the southern
Sebastes complex species, including canary rockfish and bocaccio,
could contribute as much as 500 lb (227 kg) of the 500-lb (227 kg)
southern Sebastes limit, but only if no other Sebastes complex
species were taken and retained, possessed or landed.
* * * * *
(e) Chilipepper. The cumulative monthly limit for chilipepper south
of Cape Mendocino is 3,000 lb (1,361 kg) per vessel.
* * * * *
(2) * * *
(a) * * *
(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 2,700 lb (1,225 kg) per calendar month.
* * * * *
(3) Lingcod. Lingcod may not be taken and retained, possessed or
landed by any open access gear, including exempted trawl gear,
coastwide.
* * * * *
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
[[Page 54791]]
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 trip
limit period begins on October 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 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: October 1, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-26100 Filed 10-1-99; 4:16 pm]
BILLING CODE 3510-22-P