[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54178-54179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22960]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 991223347-9347-01; I.D. 082800C]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Fixed Gear Sablefish Mop-Up

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

ACTION: Announcement of fixed gear sablefish mop-up fishery; fishing 
restrictions, request for comments.

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SUMMARY: NMFS announces adjustments to the management measures for the 
Pacific coast groundfish fishery off Washington, Oregon, and 
California. This action establishes beginning and ending dates and the 
cumulative period landings limit for the mop-up portion of the limited 
entry, fixed gear sablefish fishery. These actions are intended to 
provide for harvest of the remainder of the sablefish available to the 
2000 limited entry, fixed gear primary sablefish fishery. This action 
applies only in waters north of 36 deg. N. lat.

DATES: The fixed gear sablefish mop-up fishery will begin at 1201 hours 
local time (l.t.), September 5, 2000, and will end at 1200 hours l.t., 
September 19, 2000, at which time the limited entry daily trip limit 
fishery resumes. The daily trip limits for the fixed gear sablefish 
fishery will remain in effect, unless modified, superseded or 
rescinded, until the effective date of the 2001 annual specifications 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 
until September 22, 2000.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE., Bldg. 1, Seattle WA 98115-0070; or Rebecca Lent, Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, Northwest Region, 
NMFS, 206-526-6129.

SUPPLEMENTARY INFORMATION: The limited entry, fixed gear sablefish 
fishery consists of a ``primary'' fishery, composed of the ``regular'' 
fishery described here, during which most of the fixed gear sablefish 
allocation is taken, and then a ``mop-up'' fishery, during which the 
remainder of the amount available to the primary fishery is taken.
    The regulations at 50 CFR 660.323(a)(2) provide a season structure 
for the limited entry, fixed gear primary (regular + mop-up) sablefish 
fishery. During the regular season, each vessel with a limited entry 
permit with a sablefish endorsement registered for use with that vessel 
may land up to the cumulative trip limit for the tier to which the 
permit is assigned. For the August 6-15, 2000, regular season, 
participants fished under 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). Other than the large, tiered cumulative limits, the only trip 
limit in this fishery was for sablefish smaller than 22 inches (56 cm). 
The 2000 regular season started at noon on August 6, 2000, and lasted 
for 9 days to noon on August 15, 2000.
    Preseason estimates of the likely total harvest in the regular 
season fishery were conservative in order to minimize the risk of the 
fishery exceeding its total allocation. Because of the conservative 
projections, the regular fishery was not expected to harvest all of the 
limited entry, fixed gear allocation for north of 36 deg. N. lat. The 
Northwest Regional Administrator is authorized to announce a mop-up 
fishery for any allocation in excess of that required for the daily 
trip limit fishery, if such allocation is large enough, about 3 weeks 
after the end of the regular season and consisting of one cumulative 
trip limit for each vessel (50 CFR 660.323(a)(2)(v)). Approximately 3 
weeks are needed for the Pacific Fishery Management Council (Council) 
Groundfish Management Team to compile all of the landings receipts from 
the regular season and to calculate the amount available for the mop-up 
season, if any. This action establishes the 2000 mop-up fishery for 
limited entry, fixed gear permit holders with sablefish endorsements.
    The 2000 limited entry nontrawl sablefish allocation is 2,430 mt, 
of which 2,072 mt is available to the primary (regular + mop-up) 
season. The best available information on August 23, 2000, indicated 
that approximately 1,952 mt of sablefish were landed during the regular 
season. Therefore, 121 mt remains available to the mop-up fishery. The 
Regional Administrator, after consulting with Council representatives 
via telephone on August 23, 2000, has determined that the mop-up 
fishery will occur, and that a cumulative trip limit of 3,000 lb (1,361 
kg) (round weight) in a 14-day period (September 5-September 19, 2000) 
would give limited entry permit holders with sablefish endorsements the 
opportunity to harvest the remainder of the sablefish available to the 
primary fishery without exceeding the amount of sablefish set aside for 
that fishery. To protect juvenile sablefish, the same minimum size 
limit, 22 inches (56 cm) total length or 15.5 inches (39 cm) for 
sablefish that are headed, that was in

[[Page 54179]]

effect during the regular season is in effect during the mop-up season.
    Only limited entry permit holders with sablefish endorsements may 
participate in the mop-up fishery. No vessel may land more than one 
cumulative limit. There is no limited entry, daily trip limit fishery 
during the mop-up fishery period. Therefore, holders of limited entry 
permits without sablefish endorsements may not land any sablefish 
during the mop-up period. Similarly, once a vessel with a sablefish 
endorsed limited entry permit has been used to land its 3,000 lb (1,361 
kg) cumulative trip limit in the mop-up fishery, it may not be used to 
land more sablefish until the daily trip limits resume at 1201 hours on 
September 19, 2000. Also, acquiring additional limited entry permits 
does not entitle a vessel to more than one cumulative limit.
    Following the mop-up fishery, daily trip limits are reimposed until 
the end of the year, or until modified. The next opportunity for the 
Council to recommend modifications to the daily trip limit fishery will 
be at its September 11-15, 2000, meeting. The sablefish daily trip 
limit for the limited entry fishery north of 36 deg. N. lat. after the 
mop-up season is 300 lb (136 kg) per day, with no more than 2,400 lb 
(1,089 kg) cumulative per calendar month. Since the daily trip limits 
apply to a 24-hour day starting at 0001 hours, but the mop-up fishery 
begins and ends at 1200 hours, it will be legal for a vessel in the 
limited entry fishery to land a daily trip limit between 0001 hours and 
1200 hours on September 5, 2000, just before the start of the mop-up 
season, and between 1201 hours and 2400 hours on September 19, 2000, 
following the mop-up season.
    A daily trip limit is the maximum amount that may be taken and 
retained, possessed, or landed per vessel in 24 consecutive hours, 
starting at 0001 hours local time. Only one landing of groundfish may 
be made in that 24-hour period. Daily trip limits may not be 
accumulated. If a trip lasts more than 1 day, only one daily trip limit 
is allowed. Daily trip limits were in effect until the closed period 
before the regular season, and went back into effect after the post-
season closure ended on August 16, 2000. A cumulative trip limit is the 
maximum amount of sablefish that may be taken and retained, possessed, 
or landed per vessel in a specified period of time, with no limit on 
the number of landings or trips.

NMFS Actions

    NMFS announces the dates of the fixed gear sablefish limited entry 
mop-up fishery. All other provisions remain in effect. In the 2000 (65 
FR 221, January 4, 2000) annual management measures, paragraph 
IV.B.(2)(b)(i) is revised to read as follows:

IV. * * *

B. * * *

    (2) * * *
    (b) * * *
    (i) Mop-Up Season. The mop-up season will begin at 12 noon l.t. on 
September 5, 2000, and end at noon on September 19, 2000. The 
cumulative trip limit for the mop-up fishery is 3,000 lb (1,361 kg). No 
vessel may be used to take more than one mop-up cumulative trip limit. 
(Note: The States of Washington, Oregon, and California use a 
conversion factor of 1.6 to convert dressed sablefish to its round-
weight equivalent. Therefore, 3,000 lb (1,361 kg) round weight 
corresponds to 1,875 lb (851 kg) for dressed sablefish.)
* * * * *

Classification

    These actions are authorized by the Pacific Coast Groundfish 
Fishery Management Plan, which governs the harvest of groundfish in the 
U.S. exclusive economic zone off the coasts of Washington, Oregon, and 
California. The determination to take these actions is based on data 
that only recently became available. Because of the need for immediate 
action to start the mop-up fishery for sablefish, NMFS has determined 
that providing an opportunity for prior notice and comment would be 
impractical and contrary to public interest. Delay of this rule could 
push the mop-up season into inclement autumn weather. Similarly, the 
agency believes that the risk of pushing the season into inclement 
weather constitutes good cause to waive the 30-day delay in 
effectiveness. These actions are taken under the authority of 50 CFR 
660.323(a)(2), and are exempt from review under Executive Order 12866.

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

    Dated: September 1, 2000.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-22960 Filed 9-1-00; 4:34 pm]
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