[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45308-45316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18534]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 991223347-9347; I.D. 071200C]


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 fishery and the season dates for the limited entry, fixed 
gear sablefish fishery. 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: Changes to management measures are effective 0001 hours local 
time (l.t.) July 18, 2000, except that changes to management measures 
for minor shelf rockfish and lingcod are effective 0001 hours l.t. 
August 1, 2000, unless modified, superseded, or rescinded. These 
changes are in effect until the effective date of the 2001 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 7, 2000.

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 to Rodney McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Katherine King 
(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 27-30, 2000, meeting in Portland, OR. Pacific 
coast groundfish landings will be monitored throughout

[[Page 45309]]

the year, and further adjustments to the trip limits will be made as 
necessary to stay within the OYs and allocations announced in the 
annual specifications and management measures for the groundfish 
fishery, published in the Federal Register (65 FR 221, January 4, 2000, 
as amended at 65 FR 17805, April 5, 2000; 65 FR 25881, May 4, 2000; 65 
FR 31283, May 17, 2000; and 65 FR 33423, May 23, 2000). Unless 
otherwise specified, these changes are effective through October 31, 
2000. At its September meeting, the Council will consider whether 
changes recommended for August through October should apply also to the 
November and December fishing periods. If the Council does not 
recommend changes at that meeting, the trip limits that have already 
been published for those periods (January 4, 2000, 65 FR 221; May 17, 
2000, 65 FR 31283) will remain in effect.

Yellowtail Rockfish Taken in Limited Entry Trawl Fisheries for 
Flatfish; New Trip Limit for Arrowtooth Flounder

    At the June 27-30, 2000, Council meeting, the Council and its 
advisory entities heard testimony from commercial trawlers that the 
current combination of yellowtail rockfish and flatfish landings limits 
and gear requirements were resulting in yellowtail rockfish discard. 
Under year 2000 management measures, most flatfish taken with small 
footrope trawl (8 inches, 20 cm, or less in diameter) have no landings 
limits. Historically, landings for most flatfish have not been 
restricted because the fisheries have not achieved the acceptable 
biological catches for those species. To protect non-flatfish species 
associated with targeted flatfish on the continental shelf, the 2000 
management measures encouraged use of small footrope trawls by 
prohibiting flatfish landings (except Dover and rex soles) taken with 
large footrope trawl (greater than 8 inches, 20 cm, in diameter). In 
May, the limits were modified to allow 400 lb (181 kg) of flatfish per 
trip (excluding Dover and rex soles) with large footrope trawls.
    Landings of yellowtail rockfish are lower than expected for this 
fishery. Yellowtail rockfish may not be landed by vessels fishing with 
large footrope trawl, and the small footrope bottom trawl limits has 
been at 1,500 lb (680 kg) per month since the beginning of the year. 
This is a low limit for this relatively abundant species, which was set 
to protect overfished species that associate with yellowtail rockfish. 
By contrast, midwater trawl limits for yellowtail rockfish were higher, 
at 10,000 lb (4,536 kg) per 2-month period in January through April and 
at 30,000 lb (13,608 kg) per 2-month period, May through October; 
overfished species are not vulnerable to midwater trawl gear.
    During the summer months, yellowtail rockfish tend to move away 
from their rockier habitats and associate more closely with flatfish. 
This seasonal migration, in combination with a low yellowtail rockfish 
small footrope trawl limit, has resulted in yellowtail rockfish 
discards for fishers targeting both flatfish and yellowtail rockfish. 
Trawlers currently use small footrope bottom trawl gear to target the 
more liberal flatfish limits, but may keep only 1,500 lb (680 kg) of 
incidentally caught yellowtail rockfish. Any incidentally caught 
yellowtail rockfish above the 1,500 lb (680 kg) limit is discarded. 
Trawlers may switch to midwater gear to directly target yellowtail, so 
as to achieve the 30,000 lb (13,608 kg) landings limit.
    To make yellowtail rockfish and flatfish management more consistent 
with natural catch association patterns and to reduce discards of 
yellowtail rockfish taken with small footrope bottom trawl gear, the 
Council recommended a new ``per trip'' limit for yellowtail rockfish 
taken with small footrope bottom trawl gear equivalent to the sum of 33 
percent (by weight) of all flatfish except arrowtooth flounder, plus 10 
percent (by weight) of arrowtooth flounder, not to exceed 7,500 lb 
(3,402 kg,) per trip and not to exceed 30,000 lb (13,608 kg) per 2-
month period. This limit prevents direct yellowtail targeting with 
small footrope bottom trawl gear by restricting all bottom trawl 
landings of yellowtail rockfish to vessels that also land flatfish. 
This change is expected to reduce yellowtail rockfish discard by making 
the management measures more reflective of summer groundfish catch 
associations while discouraging fishing patterns that would take 
overfished species. With these protections, the Council could justify 
recommending an increase in the small footrope trawl 2-month cumulative 
limit to the same level as the current midwater trawl limit.
    In a separate action, the Council recommended increasing the 
arrowtooth flounder large footrope bottom trawl per trip limit from 400 
lb (181 kg) to 5,000 lb (2,268 kg) to accommodate incidental catch in 
the deeper water fisheries for sablefish, Dover sole, and thornyheads, 
primarily on the continental slope. Arrowtooth flounder are not a high-
value species, and this limit is not expected to increase targeted 
effort on that species.

Limited Entry Fixed Gear and Open Access Minor Nearshore Rockfish

    Minor nearshore rockfish landings in both the limited entry fixed 
gear and open access fisheries have been low during the first half of 
2000. The best available information at the June Council meeting 
indicated that limited entry fixed gear fisheries had landed 5.2 
percent of the allocation for that fishery north of 40 deg.10' N. lat. 
and 13.2 percent of the allocation for that fishery south of 40 deg.10' 
N. lat. through May 31, 2000. Similarly, the best available information 
at that meeting also indicated that open access fisheries had landed 
14.5 percent of the allocation for that fishery north of 40 deg.10' N. 
lat. and 6.4 percent of the allocation for that fishery south of 
40 deg.10' N. lat. To allow fisheries access to these stocks without 
exceeding 2000 OYs, the Council recommended significant increases to 
the minor nearshore rockfish landings limits for these two fisheries.
    North of 40 deg.10' N. lat. and starting with the July-August 
period, the limited entry minor nearshore rockfish fixed gear limit 
increases from 3,000 lb (1,361 kg) to 5,000 lb (2,268 kg) per 2-month 
period, and the sublimit for minor nearshore rockfish other than blue 
or black rockfish increases from 1,400 lb (635 kg) to 1,800 lb (816 
kg.) South of 40 deg.10' N. lat. and starting with the July-August 
period, the limited entry minor nearshore rockfish fixed gear limit 
increases from 1,300 lb (590 kg) to 2,000 lb (907 kg) per 2-month 
period. North of 40 deg.10' N. lat. and starting with the July-August 
period, the open access minor nearshore rockfish limit would double 
from 1,500 lb (680 kg) to 3,000 lb (1,361 kg) per 2-month period, and 
the sublimit for minor nearshore rockfish other than blue or black 
rockfish increases from 700 lb (318 kg) to 900 lb (408 kg.) South of 
40 deg.10' N. lat. and starting with the July-August period, the open 
access minor nearshore rockfish limit doubles from 800 lb (363 kg) to 
1,600 lb (726 kg) per 2-month period. With the new management 
strategies implemented in 2000, it is difficult to predict the effect 
on industry. Increases in the nearshore rockfish limits increase the 
risk of reaching an allocation or OY before the end of the year and may 
result in early closures of the minor nearshore rockfish fishery in the 
north.

Limited Entry Trawl and Fixed Gear Minor Shelf Rockfish South of 
40 deg.10' N. lat.

    The limited entry minor shelf rockfish landings for trawl and fixed 
gear south of 40 deg.10' N. lat. were slow in January-April partly 
because fixed gear shelf

[[Page 45310]]

rockfish landings were closed south of 36 deg. N. lat. in January-
February, and closed between 40 deg.10' N. lat. and 36 deg. N. lat. in 
March-April. Shelf rockfish landings rose in May, and by the end of May 
the fleet had taken 5.0 percent of the limited entry minor shelf 
rockfish allocation. Although the overall minor shelf rockfish landings 
are low, the Council had concerns about shelf rockfish fisheries 
intercepting bocaccio, an overfished stock. Bocaccio is managed under 
an overfished species rebuilding plan and is caught incidentally in 
commercial and recreational fisheries targeting many other different 
species.
    The best available information at the June 2000 Council meeting 
indicated that the recreational fisheries have exceeded the 45 mt of 
bocaccio estimated for recreational landings in 2000. In order to 
protect bocaccio from excess incidental harvest in the commercial 
fishery, the Council recommended decreasing the limited entry minor 
shelf rockfish monthly limit for both trawl and fixed gear from 1,000 
lb (454 kg) to 500 lb (227 kg) per month effective August 1, 2000. (An 
earlier effective date would not reduce fishing mortality because most 
fishers would have taken the July limit of 1,000 lb (454 kg) before 
this notice would take effect.)
    Recreational bocaccio landings occur almost exclusively in 
California. The State has agreed to ask its Fish and Game Commission, 
which sets recreational fishing policies in State waters (0-3 nm 
offshore), to make inseason changes that further reduce recreational 
fishing pressure on overfished species (bocaccio, lingcod, canary 
rockfish, cowcod). This may include prohibiting landings of bocaccio 
taken in State waters for the remainder of 2000. The Council also asked 
NMFS to coordinate with the State of California to implement consistent 
changes to recreational rockfish fishery management measures in Federal 
waters (3-200 nm offshore).

Limited Entry Trawl and Fixed Gear, and Open Access Minor Slope 
Rockfish South of 40 deg.10' N. lat.

    As with nearshore and shelf rockfish, minor slope rockfish landings 
south of 40 deg.10' N. lat. have been slow in the first half of 2000. 
The best available information at the June Council meeting indicated 
that limited entry fisheries south of 40 deg.10' N. lat. had landed 
10.1 percent of slope rockfish set aside for those fisheries and that 
open access fisheries had landed only 1.0 percent of their minor slope 
rockfish allocation through the end of May 2000. Given these low 
landings rates, the Council recommended increasing cumulative landings 
limits to levels that would allow higher landings without jeopardizing 
overfished and depleted stocks. The Council recommended increasing the 
limited entry minor slope rockfish cumulative landings limit for both 
trawl and fixed gear south of 40 deg.10' N. lat. from 5,000 lb (2,268 
kg) to 7,000 lb (3,175 kg) per 2-month period. The Council also 
recommended increasing the open access, minor slope rockfish cumulative 
landings limit south of 40 deg.10' N. lat. from 500 lb (227 kg) to 
1,000 lb (454 kg) per 2-month period.

Open Access Fishery for Lingcod to Close August 1, 2000

    The best available information at the June Council meeting 
indicated that the open access fishery will achieve its lingcod 
allocation before the end of July. This fishery was closed January 
through April and was scheduled to be closed in November and December, 
following a 400 lb (181 kg) monthly cumulative limit in May through 
October 2000. Lingcod is an overfished species managed under a 
rebuilding plan. To eliminate further open access lingcod landings for 
the rest of the year, the Council recommended closing open access 
lingcod landings from August 1 through the end of the year. This 
closure also applies to vessels in the pink shrimp trawl fishery.

Limited Entry, Fixed Gear and Open Access Daily Trip Limit 
Fisheries for Sablefish North of 36 deg. N. lat.

    Daily trip limit sablefish landings in both the 2000 limited entry 
fixed gear and the open access fisheries have been relatively low 
through the spring months. The best available information at the June 
Council meeting indicated that limited entry fixed gear fisheries had 
landed 11.9 percent of the sablefish set aside for small daily landings 
and that the open access fisheries had landed 7.0 percent of their 
sablefish allocation, both of which are taken under the small landings 
limit of 300 lb (136 kg) per day. To allow fisheries access to 
sablefish allocations during the more active summer fishing months, the 
Council recommended increasing the sablefish 2-month cumulative 
landings limits for both limited entry and open access fisheries north 
of 36 deg. N. lat. from 2,400 lb (1,089 kg) to 3,300 lb (1,497 kg.) The 
300 lb (136 kg) per day landings limit would remain in effect.

Limited Entry, Fixed Gear, Regular Sablefish Fishery

    At its June 2000 meeting, the Council considered season structure 
options for the 2000 limited entry, fixed gear regular sablefish 
fishery. For 2000, the Council recommended that the regular season 
begin on August 6, 2000, at noon l.t. and last for 9 days, ending at 
noon on August 15, 2000. There will be no limited entry, daily trip 
limit fishery for sablefish taken with fixed gear during the regular 
season. During the regular season, each vessel with a limited entry 
permit and a sablefish endorsement that is registered for use with that 
vessel may land up to the cumulative trip limit for the tier to which 
the permit is assigned. The Council recommended the following tier 
limits: Tier 1, 81,000 lb (36,741 kg); Tier 2, 37,000 lb (16,783 kg); 
Tier 3, 21,000 lb (9,525 kg). These tier limits are expected to keep 
the overall fleet landings from exceeding the 2065.5 mt of sablefish 
available to this fishery.
    The pre-season and post-season closures described for this fishery 
at 50 CFR 660.323 (a)(2) will be in effect. The pre-season closure will 
begin on August 4, 2000, at noon l.t., last for 48 hours, and end when 
the regular season begins on August 6, 2000, at noon l.t. During the 
pre-season closure, sablefish taken with fixed gear in the limited 
entry or open access fisheries north of 36 deg. N. lat. may not be 
retained or landed. Also during the pre-season closure, all fixed gear 
used to take and retain groundfish must be out of the water. The post-
season closure will begin when the regular season ends on August 15, 
2000, at noon l.t., last for 30 hours, and end on August 16, 2000, at 
1800 hours l.t. No sablefish taken with fixed gear north of 36 deg. N. 
lat. during the post-season closure may be retained. Sablefish taken 
and retained during the regular season may be possessed and landed 
during the post-season closure, and gear may remain in the water during 
the post-season closure. However, during the post-season closure, 
fishers may not set or pull from the water fixed gear used to take and 
retain groundfish.

Fixed Gear Permit Transfers

    Under 50 CFR 660.333, limited entry permits may not be transferred 
more than once every 12 months, and permit transfers are effective only 
on the first date of a major cumulative limit period. Each year, the 
major cumulative limit periods are defined in the annual specifications 
and management measures according to when the Council schedules its 
cumulative limit periods for the majority of the groundfish fleet. In 
1999 and prior years, trawl and fixed gear landings limit periods have 
been the same for most species. However, the 2000 annual specifications 
and management measures set separate cumulative limit periods and

[[Page 45311]]

cumulative landings limits for limited entry trawl gear and for fixed 
gear.
    Under 50 CFR 660.333, limited entry permits may not be transferred 
more than once every 12 months, and permit transfers are effective only 
on the first date of a major cumulative limit period. Each year, the 
major cumulative limit periods are defined in the annual specifications 
and management measures according to when the Council schedules its 
cumulative limit periods for the majority of the groundfish fleet. In 
1999 and prior years, trawl and fixed gear landings limit periods have 
been the same for most species. However, the 2000 annual specifications 
and management measures set separate cumulative limit periods and 
cumulative landings limits for limited entry trawl gear and for fixed 
gear.
    In July 1999, about 20 fixed gear permit holders transferred their 
permits so that the transfers would be effective in time for the August 
1999 regular sablefish fishery. Changes to the major cumulative 
landings limits periods in 2000 meant that the first start date of a 
major cumulative limit period after July 1, 2000, was September 1, 
2000. Thus, permit holders constrained by the regulatory restriction of 
one transfer every 12 months who had last transferred their permits in 
July 1999 would have missed the August 2000 fixed gear regular 
sablefish season, described above. The restriction that requires that 
permit transfers become effective on the first date of a major 
cumulative limit period would have prevented these permit holders from 
transferring their permits until September 1, 2000. Several of these 
permit holders testified at the June 2000 Council meeting that without 
changes to these restrictions, they would not be able to participate in 
the primary sablefish fishery. For participants in this fishery, this 
opportunity is often a significant portion of their annual incomes. To 
ensure that these 20 permit holders have the opportunity to transfer 
their permits and to participate in the regular fixed gear sablefish 
fishery, the Council recommended at its June 2000 meeting that a major 
cumulative trip limit period be added at August 1, 2000, for limited 
entry fixed gear fisheries, for purposes of allowing permit transfers 
in 2000. This added major cumulative limit period start date reflects 
the primarily month-long cumulative limit periods for limited entry 
fixed gear fisheries. The regulatory restriction that limited entry 
permit transfers may not occur more than once every 12 months would not 
be altered by this change to major cumulative limit start dates.

NMFS Actions

    For the reasons stated here, NMFS concurs with the Council's 
recommendations and announces the following changes to the 2000 annual 
management measures (65 FR 221, January 4, 2000, as amended at 65 FR 
17805, April 5, 2000, 65 FR 25881, May 4, 2000, 65 FR 31283, May 17, 
2000, and 65 FR 33423, May 23, 2000) as follows:
    In Section IV, paragraph (15), under A. General Definitions and 
Provisions, and paragraph (2)(b)(i); under B. Limited Entry Fishery, 
are revised; under C. Trip Limits in the Open Access Fishery, a new 
paragraph (3)(a)(ii)(C) is added; and Tables 3, 4, and 5 are revised to 
read as follows:

IV. NMFS Actions

* * * * *

A. General Definitions and Provisions

* * * * *
    (15) Permit transfers. Limited entry permit transfers are to take 
effect only on the first day of a major cumulative limit period (50 CFR 
660.333(c)(1)), which in 2000 are January 1, March 1, May 1, July 1, 
September 1, and November 1, and are delayed by 15 days (starting on 
the 16th of a month) for the ``B'' platoon. For limited entry fixed 
gear (longline and pot) permits, August 1 is also the first day of a 
major cumulative limit period.
* * * * *

B. Limited Entry Fishery

* * * * *

BILLING CODE 3510-22-F

[[Page 45312]]

[GRAPHIC] [TIFF OMITTED] TR21JY00.005


[[Page 45313]]


[GRAPHIC] [TIFF OMITTED] TR21JY00.006

BILLING CODE 3510-22-C

[[Page 45314]]

    (2) * * *
    (b) * * *
    (i) Regular season. The regular season will begin at 12 noon l.t. 
on August 6, 2000, and end at noon on August 15, 2000. Pre-season and 
post-season closures described at 50 CFR 660.323(a)(2) are in effect. 
The pre-season closure will begin at 12 noon l.t. on August 4, 2000, 
and end when the regular season begins, at 12 noon l.t. on August 6, 
2000. The post-season closure will begin when the regular season ends 
at noon (local time) on August 15, 2000, and end at 1800 hours (local 
time) on August 16, 2000. During the regular season, each vessel with a 
limited entry permit with a sablefish endorsement that is registered 
for use with that vessel may land up to the cumulative trip limit for 
the tier to which the permit is assigned. For 2000, the following tier 
limits are in effect: Tier 1, 81,000 lb (36,741 kg); Tier 2, 37,000 lb 
(16,783 kg); Tier 3, 21,000 lb (9,525 kg).
* * * * *

C. Trip Limits in the Open Access Fishery

[[Page 45315]]

[GRAPHIC] [TIFF OMITTED] TR21JY00.007

BILLING CODE 3510-22-C

[[Page 45316]]

    (3) * * *
    (a) * * *
    (ii) * * *
    (C) August 1-December 31, 2000: closed.

Classification

    These actions are authorized by the regulations implementing the 
FMP and the annual specifications and management measures and by the 
emergency rule published at 65 FR 221 (January 4, 2000) 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 comment on this action pursuant to 5 U.S.C. 553(b)(B) 
because providing prior notice and opportunity for comment would be 
impracticable. It would be impracticable because the current cumulative 
limit period began on July 1, 2000, 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. 
The increases to trip limits and the addition of a major cumulative 
limit period for fixed gear relieve burdens on the public. In addition, 
the affected public had the opportunity to comment on these actions at 
the June 27-30, 2000, Council meeting. This action should be 
implemented as close as possible to the beginning of the cumulative 
trip limit period to avoid confusion and provide fishers the 
opportunity to achieve the increased trip limits and arrange for permit 
transfers. The reduced limits and closures that take effect August 1 
are intended to prevent overfishing or to protect overfished species. 
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 Executive Order 12866.

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

    Dated: July 18, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-18534 Filed 7-18-00; 8:45 am]
BILLING CODE 3510-22-F