[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53646-53647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22547]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[I.D. 062600B]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Rebuilding Overfished Species

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

ACTION:  Approval of overfished species rebuilding plans.

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SUMMARY: NMFS announces approval of rebuilding plans for three 
overfished species managed under the Pacific coast groundfish fishery 
management plan (FMP); bocaccio, lingcod, and Pacific ocean perch 
(POP). These three species were designated as overfished under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) on March 3, 1999. Initial rebuilding measures for these 
species were implemented through the 2000 annual specifications and 
management measures for Pacific coast groundfish). The purpose of this 
action is to provide a public announcement of formal approval of these 
three overfished species rebuilding plans.

DATES: Effective September 5, 2000 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 will be accepted through October 5, 2000.

ADDRESSES: Written comments should be sent to William Stelle, Jr., 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E., BIN 
C15700, Bldg. 1, Seattle, WA 98115-0070, or faxed to 206-526-6736; or 
to Rebecca Lent, Administrator, Southwest Region, NMFS, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213, or faxed to 562-980-4047. 
Comments will not be accepted if submitted via e-mail or Internet. 
Copies of the rebuilding plans may be obtained from the Pacific Fishery 
Management Council (Council) by writing to the Council at 2130 SW Fifth 
Avenue, Suite 224, Portland, OR 97201, or by contacting Donald McIsaac 
at 503-326-6352.

FOR FURTHER INFORMATION CONTACT: William L. Robinson, Northwest Region, 
NMFS, 206-526-6140; fax: 206-526-6736 and e-mail: 
[email protected] or Svein Fougner, Southwest Region, NMFS, 562-
980-4000; fax: 562-980-4047 and e-mail: [email protected].
    Electronic Access: This Federal Register document is also 
accessible via the Internet at the Office of Federal Register's website 
at http://www.access.gpo.gov/su-docs/aces/aces140.html.

SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries off the 
Washington, Oregon, and California coasts are managed pursuant to the 
Magnuson-Stevens Act (16 U.S.C. 1801-1833) and the Pacific Coast 
Groundfish FMP. Regulations implementing the FMP appear at 50 CFR part 
660 subpart G.
     According to the FMP, a species is overfished if its current 
biomass is less than 25 percent of the unfished biomass level. The 
Magnuson-Stevens Act requires that a rebuilding plan be prepared within 
a year after the Council has been notified that a species is considered 
overfished. In March 1999, NMFS notified the Council that three species 
were considered overfished: bocaccio, lingcod, and POP.
    NMFS implemented the initial rebuilding measures for the three 
overfished species in the 2000 annual specifications and management 
measures for Pacific coast groundfish. Acceptable Biological Catches 
(ABCs), optimum yields (OYs), and management measures for 2000 are 
consistent with the FMP and with the first year of rebuilding in the 
rebuilding plans. None of these rebuilding plans, nor the rebuilding 
measures, use the multispecies exception at 50 CFR 660.310(d)(6) that 
authorizes overfishing under limited conditions. The three approved 
rebuilding plans and 2000 rebuilding measures are summarized as 
follows:

Bocaccio (Sebastes paucispinis)

    There are two separate West Coast bocaccio populations, divided at 
approximately 36 deg. N. lat. The status of the northern bocaccio 
stock, with a range extending into British Columbia and Alaska, is 
unknown. It is the southern stock, in waters south of 36 deg. N. lat. 
(known as the combined Monterey and Conception management areas) that 
is considered overfished. Rebuilding measures for bocaccio only apply 
to fisheries south of 36 deg. N. lat.
     The southern bocaccio stock has suffered poor recruitment during 
the warm water conditions that have prevailed off southern California 
for the past several years. A 1999 southern bocaccio stock assessment 
estimated that the current spawning output of the

[[Page 53647]]

southern bocaccio stock is at 2.1 percent of the estimated spawning 
output at its unfished level. Bocaccio are a typical long-lived and 
slow-growing rockfish, and stock rebuilding for bocaccio is heavily 
dependent on single large year classes. The 1999 year class is thought 
to be an unusually large cohort that could help improve the future 
health of the stock.
    For the bocaccio rebuilding plan, the Council conservatively 
assumed a moderate-sized 1999 year class, which sets the time to 
rebuild in the absence of fishing at 26 years. Under the Magnuson-
Stevens Act, the maximum allowable time to rebuild is that minimum no-
fishing assumption, plus one mean generation time for that species. In 
the case of bocaccio, with a mean generation time of 12 years, the 
maximum rebuilding time would be 38 years (26 + 12). There is a 67 
percent probability that the bocaccio stock will rebuild to MSY biomass 
in 38 years.
    For 2000, the Council set the bocaccio ABC at 164 metric tons (mt) 
and the OY at 100 mt. These very conservative harvest levels do not 
allow directed bocaccio targeting, but rather acknowledge that some 
incidental catch will occur. Bocaccio management measures are designed 
to reduce possible incidental interceptions. Bottom trawl target 
opportunities for shelf rockfish are dramatically reduced, with no 
bocaccio landings allowed for vessels using large footrope trawl gear 
(i.e., gear with rollers larger than 8 inches (20 cm) in diameter), and 
small footrope bottom trawl gear permitted to land amounts that should 
accommodate only small, unavoidable bycatch. Midwater trawling for 
shelf rockfish is encouraged over bottom trawling. Chilipepper, which 
commonly associates with bocaccio, has an OY reduced almost in half to 
reduce potential bocaccio bycatch. For both the commercial nontrawl 
gear fisheries and the recreational fisheries, shelf rockfish harvest 
has been closed for 2 of the first 4 months of the year south of 
40 deg.10' N. lat., and commercial set net limits are reduced to the 
same level as other open access nontrawl gear limits. Further 
recreational management measures include reduced bag limits (from 15 to 
10 rockfish), and maintaining the 3 bocaccio bag limit but applying a 
new 10-inch (25.4 cm) size limit for that species. Ironically, the 
abundant 1999 year class had made bocaccio avoidance particularly 
difficult, forcing strict curtailment of fishing effort to avoid that 
year class.

Lingcod (Ophiodon elongatus)

    West Coast lingcod is a single stock, having a range encompassing 
the U.S. West Coast, and extending into British Columbia. Rebuilding 
measures for lingcod apply coastwide. The current spawning potential of 
the West Coast lingcod stock is estimated to be at 7.5 percent of the 
average unfished level. Although the stock has declined substantially 
from historic levels, lingcod appears to be a highly productive species 
with good potential for rapid population increases, given appropriate 
decreases in fishing effort.
    Lingcod mature at a relatively rapid rate, at age 2+ for males and 
age 3+ for females. Because of lingcod's rapid maturity and high 
fecundity, the Council has designed a rebuilding plan that is expected 
to bring the lingcod stock to its maximum sustainable yield (MSY) level 
within 10 years. The management measures implementing the rebuilding 
plan in 2000 set the lingcod ABC at 700 mt and the OY at 378 mt. Under 
these measures, there is a 60 percent probability that the biomass will 
rebuild to the MSY level within 10 years.
    In 2000, commercial landings of lingcod are prohibited for 6 months 
of the year (January-April, plus November-December), thus protecting 
the stock during lingcod spawning and nesting seasons. Lingcod landings 
limits during the open season are much lower than lingcod limits of 
prior years, yet have been set to achieve the limited entry and open 
access allocations. The size limit for lingcod is increased for fixed 
gear and recreational fisheries south of 40 deg.10' N. lat. A maximum 
size limit is imposed in the recreational fishery off Oregon, and a new 
2-fish per day bag limit is imposed off California. The recreational 
fishery for lingcod is closed 4 months off Washington, remains open in 
Oregon and California north of 40 deg.10' N. lat., and is closed 2 of 
the first 4 months of the year south of 40 deg.10' N. lat. The varying 
seasons, bag limits and size limits for each state were recommended to 
best fit the needs of the recreational fisheries of each state, while 
meeting the conservation requirements. Lingcod are found predominantly 
on the continental shelf. Gear restrictions that the Council imposed to 
protect continental shelf rockfish will also benefit lingcod. Lingcod 
taken onboard while still living appear to have a good chance of 
survival if returned quickly to sea.

Pacific Ocean Perch (Sebastes alutus)

    The West Coast POP stock is considered a single population that 
extends from the northern border of Washington State south into 
California. Rebuilding measures for POP apply north of 43 deg. N. lat. 
(known as the combined Vancouver and Columbia management areas.)
    POP off the West Coast was overfished by foreign vessels before the 
implementation of the FMP. State and Federal rebuilding efforts have 
been in place since the early 1980's, but those rebuilding efforts were 
not as rigorous as currently required by the Magnuson-Stevens Act. A 
1998 stock assessment estimated the POP biomass to be at 13 percent of 
its unfished level. Recruitment has been at a steady low for several 
years, with no large year classes appearing for the past two decades. 
Although the historical rebuilding program has accomplished little 
rebuilding, it has probably prevented further declines in abundance, 
given the lack of the large year classes needed to boost the stock. 
Like bocaccio, POP are a slow-growing and long-lived rockfish with 
relatively low fecundity.
    POP have been slow to rebuild and are expected to continue to 
rebuild slowly. If all fishing on POP were eliminated, POP could be 
expected to rebuild in approximately 18 years. The maximum allowable 
rebuilding time for POP is 18 years plus one mean generation length (29 
years for POP) for a total of 47 years. For 2000, rebuilding harvest 
levels set the POP ABC at 713 mt and the OY at 270 mt. Under these 
specifications, there is a 79 percent probability that the biomass will 
rebuild to the MSY level within 47 years.
    POP primarily inhabit waters of the upper continental slope and are 
found along the edge of the continental shelf. Therefore, POP also will 
benefit from the trawl gear restrictions adopted to protect continental 
shelf rockfish species. Relative to 1999 levels, the cumulative trip 
limit for POP taken in the limited entry fishery is reduced by 87 
percent from May - October and 63 percent the other 6 months. POP is 
not an important species for recreational or nontrawl commercial 
fisheries; therefore, allocation of harvest reduction between fishing 
sectors is not an issue.

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

    Dated: August 28, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-22547 Filed 9-1-00; 8:45 am]
Billing Code: 3510-22 -S