[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Rules and Regulations]
[Pages 22467-22473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11297]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 001226367-0367-01; I.D. 121500E]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures; Corrections; Trip Limit Adjustments

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

ACTION: Trip limit adjustments; correction to the 2001 specifications; 
fishing restrictions for the Pacific Coast groundfish fishery; request 
for comments.

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SUMMARY: NMFS announces changes in the following trip limits for the 
Pacific Coast groundfish fisheries north and south of 40 deg.10' N. 
lat.: limited entry trawl for flatfish north, limited entry fixed gear 
and open access for minor nearshore rockfish north, open access for 
minor nearshore rockfish south, and open access for yellowtail rockfish 
taken with salmon troll gear. These actions, which are authorized by 
the Pacific Coast Groundfish Fishery Management Plan (FMP) are intended 
to help the fisheries achieve optimum yield (OY) while protecting 
overfished and depleted stocks. This document also contains corrections 
relating to the lingcod and boccacio OYs, which were initially 
announced in the annual specifications and management measures that 
were published on January 11, 2001.

DATES: Changes to management measures are effective 0001 hours (local 
time) May 1, 2001, unless modified, superseded, or rescinded. These 
changes are effective until the effective date of the 2002 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 May 21, 2001.

ADDRESSES: Submit comments to Donna Darm, Acting Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
N.E., Bldg. 1,

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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 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 April 2-6, 2001, meeting in Sacramento, CA. Pacific 
Coast groundfish landings will be monitored throughout 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 at 66 FR 2338, (January 11, 2001), as 
amended at 66 FR 10211, (February 14, 2001), and at 66 FR 18409, (April 
9, 2001).

Limited Entry Trawl Gear Limits for Flatfish North of 40 deg.10' N. 
Lat.

    A preliminary examination of trawl fleet tow locations from vessel 
logbook data for May to October 2000 indicates that the fleet has 
relocated arrowtooth flounder and other flatfish trawl activities away 
from areas of high canary bycatch. Based on this preliminary 
examination, the Council recommended increasing previously announced 
limits for flatfish other than Dover sole. The per month limit for all 
flatfish except Dover sole taken with a small footrope trawl gear for 
the May to October period was previously announced as 30,000 lb (13,608 
kg). For the May to June period, the limit will be increased to a 
50,000-lb (22,680 kg) per month limit for all flatfish except Dover 
sole, of which no more than 15,000 lb (6,804 kg) may be petrale sole 
and no more than 10,000 (4,536 kg) may be arrowtooth flounder. For the 
July to October period, the per month limit for all flatfish except 
Dover sole taken with a small footrope trawl gear will be 30,000 lb 
(13,608 kg) as previously announced.
    With respect to the incidental catch of canary rockfish, this limit 
change is more conservative than the previously announced limit that 
allowed up to 30,000 lb (13,608 kg) of petrale sole or arrowtooth 
flounder to be landed. Trawl vessels are more likely to encounter 
canary rockfish when targeting petrale sole and arrowtooth flounder 
than other flatfish species. Lowering the limits for petrale sole and 
arrowtooth flounder are expected to reduce opportunities for vessels to 
take canary rockfish.
    The per trip limit for arrowtooth flounder taken with large 
footrope trawl gear during the January to April periods has been at 
20,000 lb (9,072 kg) and was to be reduced to 5,000 lb (2,268 kg) for 
the May to October period. To provide additional opportunity to harvest 
arrowtooth flounder and to encourage the harvest of Dover sole on the 
slope during the month of May, the large footrope trawl allowance for 
arrowtooth flounder will be set at 15,000 lb (6,804 kg) per trip for 
May. For the June to October period, the arrowtooth flounder limit will 
be reduced to 5,000 lb (2,268 kg) per trip as previously announced.

Limited Entry Fixed Gear and Open Access Minor Nearshore Rockfish 
North of 40 deg.10' N. Lat.

     During the 2000 fishery, more than 50 percent of the available 
commercial allocations of northern minor nearshore rockfish went 
unharvested. The limited entry fleet took only 19 percent of its minor 
nearshore rockfish allocation in 2000, while the open access fishery 
took approximately 74 percent of its allocation. The best available 
information at the April Council meeting indicated that limited entry 
fisheries north of 40 deg.10' N. lat. had landed 4.3 percent of the 
minor nearshore rockfish available to the fishery, and that open access 
fisheries had landed 6.6 percent of their minor nearshore rockfish 
allocation through February 2001.
    Most limited entry fixed gear vessels tend to use open access 
vertical hook-and-line gear to catch these species, but when using open 
access gear, they are constrained by the lower open access limits. 
Operating under open access limits has slowed the pace of harvest by 
limited entry vessels. The current limited entry fixed gear limit for 
minor nearshore rockfish north is 10,000 lb (4,536 kg) per 2-month 
period, no more than 4,000 lb (1,814 kg) of which may be species other 
than black or blue rockfish. The current open access limit for minor 
nearshore rockfish north is 3,000 lb (1,361 kg) per 2-month period, no 
more than 900 lb (408 kg) of which may be species other than black or 
blue rockfish.
    To provide greater access to the allowable harvest levels, the 
Council recommended applying similar limits to both the limted entry 
fixed gear and open access portions of the fishery. To provide benefits 
to both segments of the fishery, without adversely affecting either 
group, and to reduce the risk of an early open access closure, the 
Council also recommended managing the limited entry and open access 
nearshore rockfish allocations collectively in 2001. For the May to 
December period, the limited entry fixed gear limit for minor nearshore 
rockfish north will be reduced to 7,000 lb (3,175 kg) per 2-month 
period, no more than 4,000 lb (1,814 kg) of which may be species other 
than black or blue rockfish. The current open access limit for minor 
nearshore rockfish north will be increased to 7,000 lb (3,175 kg) per 
2-month period, no more than 900 lb (408 kg) of which may be species 
other than black or blue rockfish. Maintaining the current limits of 
species other that black or blue rockfish is intended to prevent excess 
harvest of species commonly associated with the live-fish fishery.

Open Access Fishery for Minor Nearshore Rockfish South of 
40 deg.10' N. Lat.

    The best available information at the April Council meeting 
indicated that 24.4 percent of the open access minor nearshore rockfish 
allocation south of 40 o10' N. lat. fishery had been taken through 
February 2001. To slow the pace of the fishery and to ensure an open 
season in late fall when the markets are most desirable, the Council 
recommended reducing the cumulative limits. The 2-month cumulative 
limit for the fishery south of 34o 27' N. lat. was previously announced 
as 1,800 lb (816 kg) for the March to December period. This limit will 
be reduced to 1,200 lb (544 kg) per 2 months. The 2-month cumulative 
limit for the fishery occurring between 40 deg.10' N. lat. and 34o 27' 
N. lat. was previously announced as 1,800 lb (816 kg) shoreward of the 
20 fathom depth contour for the May to June period. This limit will be 
reduced to 1,200 lb (544 kg) per 2 months shoreward of the 20 fathom 
depth contour for the May to June period; otherwise, this area is 
closed to nearshore rockfish until July 1, 2001. For the July to 
December period, the 2-month cumulative limit for the fishery occurring 
south of 40 deg.10' N. lat. will be reduced from the previously 
announced 1,800 lb (816 kg) to 1,200 lb (544 kg).

Open Access for Yellowtail Rockfish Taken With Salmon Troll Gear 
North of 40 deg.10' N. Lat.

    During the April Council meeting, Washington State salmon troll 
fishers requested that the Council consider increased monthly limits 
for yellowtail rockfish taken in the open access fishery north of 
40 deg.10' N. lat. by vessels fishing for salmon with troll gear. 
Yellowtail rockfish is believed to be at 63 percent

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of its unfished biomass, and is therefore considered to be a healthy 
stock. Management measures aimed at protecting canary rockfish, which 
are often caught in association with yellowtail rockfish, have reduced 
the catch opportunity for yellowtail rockfish. Therefore, a portion of 
the yellowtail rockfish allocation is expected to be unharvested during 
the 2001 fishing year, as was the case in 2000.
    The open access 1-month cumulative limit for yellowtail rockfish 
north is 100 lb (45 kg) for the January to December period. Analysis of 
landings data from 1997 to 1999, when yellowtail rockfish trip limits 
were higher, shows that an average of 50-75 lb (22.08-35.02 kg) per 
trip of yellowtail rockfish were landed by salmon troll vessels. 
Although the vast majority of deliveries contained no yellowtail 
rockfish, many individual trips contained more than 100 lb (45 kg). 
Correlations between yellowtail and canary rockfish were also examined, 
and it was found that there was not a particularly strong correlation 
between the two species when taken with salmon troll gear.
    To allow the open access yellowtail rockfish allocation to be fully 
utilized while still protecting canary rockfish, the Council 
recommended that a monthly cumulative limit of 300 lb (136 kg) be 
established specifically for the salmon troll fishery. If a vessel 
fishes with more than one open access gear type, then this limit cannot 
be added to the general 100 lb (45 kg) per month open access limit. The 
Council believes that allowing existing yellowtail bycatch taken with 
salmon troll gear to b+e landed will not provide an additional 
incentive for salmon trollers to target yellowtail rockfish, thereby 
placing canary rockfish at a greater risk.
    To prevent individuals who do not routinely catch much yellowtail 
rockfish with salmon from making trips to specifically target on 
yellowtail, vessels would be restricted from landing yellowtail (round 
weight) in amounts greater than one half the weight of the salmon 
(dressed weight) being landed.

Corrections to Lingcod and Boccacio Specifications

    The 2001 fishery specifications and management measures for the 
Pacific Coast groundfish FMP were published in the Federal Register on 
January 11, 2001 (66 FR 2338). The specifications contained errors in 
the assumed discard rates for lingcod and boccacio that require 
correction. At the November 2000 Council meeting, the open access and 
limited entry landed catch targets for lingcod and boccacio that were 
presented to the Council did not include the discard deductions. The 
Council recommended that the oversight be corrected. A 16-percent 
discard adjustment will be made for boccacio and a 20-percent discard 
adjustment will be made for lingcod.

Corrections

    In the annual specification and management measures published in 
the Federal Register at 66 FR 2338 (January 11, 2001), make the 
following corrections:
    1. On page 2343, Table 1a, in footnote b/, the last sentence is 
corrected to read as follows: ``The assumed discard rate in the limited 
entry fishery is 20 percent, resulting in a limited entry landed catch 
target of 163 mt. The open access landed catch target remains at 48 
mt.''
    2. On page 2345, Table 1a, in footnote n/ the last sentence is 
corrected to read as follows: ``The assumed discard rate is 16 percent, 
resulting in a limited entry landed catch target of 24 mt and an open 
access landed catch target of 19 mt.''

NMFS Actions

    For the reasons stated here, NMFS concurs with the Council's 
recommendations and announces the following changes to the 2001 annual 
management measures (66 FR 2338, January 11, 2001, as amended at 66 FR 
10211 February 14, 2001, and at 66 FR 18409 April 9, 2001) to read as 
follows:
    1. In Section IV, under B. Limited Entry Fishery Tables 3 and 4 are 
revised; in Section IV, under C. Trip Limits in the Open Access 
Fishery, Table 5 is revised; and in Section IV, under C. paragraph(5) 
is revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery
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C. Trip limits in the Open Access Fishery
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    (5) Groundfish taken with troll gear by vessels engaged in fishing 
for salmon north of 40 deg. 10' N. lat.(a) The cumulative limit for 
yellowtail rockfish in the open access fishery is 100 lb (45 kg) per 
month. If a vessel has reached its 100 lb (45 kg) yellowtail cumulative 
limit, up to 200 lb (91 kg) per month of additional yellowtail rockfish 
may be taken and retained, possessed or landed, providing the following 
conditions are met: in any trip in which salmon troll gear, as defined 
at 50 CFR 660.402, is used to take and land yellowtail rockfish and, no 
more than one lb (.45 kg) of yellowtail rockfish (round weight) is 
landed for every two lbs (.91 kg) of salmon landed (dressed weight). 
Dressed weight for purposes of this paragraph is the weight of salmon 
that is recorded on the State fish ticket and is salmon with the 
entrails removed, from which the head and gills may or may not have 
been removed.
    (b) The trip limits in Table 5 apply to all other groundfish taken 
with troll gear by vessels fishing for salmon.
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Classification

    These actions are authorized by the regulations implementing the 
FMP and the annual specifications and management measures published at 
66 FR 2369 (January 11, 2001) and are based on the most recent data 
available.
    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 cumulative limit 
period begins on May 1, 2001, 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. 
Increases to trip limits relieve burdens on the public and decreases to 
trip limits must be implemented in a timely manner to stretch the 
season as long as possible through the year. In addition, the affected 
public had the opportunity to comment on these actions at the April 2-
6, 2001 Council meeting. This action should be implemented before the 
beginning of the cumulative trip limit period to avoid confusion and to 
provide fishers the opportunity to achieve the trip limits. For these 
reasons, good cause also exists to waive the 30-day delay in 
effectiveness under 5 U.S.C. 553(d)(3).
    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: April 30, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-11297 Filed 5-1-01; 4:48 pm]
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