[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Rules and Regulations]
[Pages 35388-35394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16801]


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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. 062601A]


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: Trip limit adjustments; 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: Limited entry trawl and fixed gear 
for minor slope rockfish north and south; limited entry trawl and fixed 
gear for splitnose rockfish south; limited entry trawl and fixed gear 
for Pacific Ocean perch (POP); limited entry trawl and fixed gear for 
Dover sole north and south; limited entry trawl and fixed gear for 
flatfish north; limited entry trawl for yellowtail rockfish north; 
limited entry trawl for widow rockfish taken with mid-water trawl gear; 
and limited entry fixed gear and open access for sablefish north. 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.

DATES: Changes to management measures are effective 0001 hours (local 
time) July 1, 2001, unless modified, superseded, or rescinded.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 July 20, 2001.

ADDRESSES: Submit comments to Donna Darm, Acting Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
N.E., 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 or Becky Renko, 
Northwest Region, NMFS, 206-526-6140.


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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 11-15, 2001, meeting in San Francisco, 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 10208 (February 14, 2001), at 66 FR 18409 
(April 9, 2001), at 66 FR 22467 (May 4, 2001), and at 66 FR 286767 (May 
24, 2001).

Limited Entry Trawl and Fixed Gear for Minor Slope Rockfish North and 
South of 40 deg.10' N. Lat.

    Landings of minor slope rockfish in the limited entry fisheries 
south and north of 40 deg.10' N. lat. have been slow during the first 
half of 2001. The best available information indicates that the 
southern limited entry fishery had landed 18.9 percent and the northern 
fishery had landed 7.1 percent of the minor slope rockfish set-asides 
for those fisheries, through the end of April. Given the low landings 
rates, the Council recommended increasing the limited entry minor slope 
rockfish cumulative landing limits for both the trawl and fixed gear 
fisheries. The cumulative landing limits for the fishery south of 
40 deg.10' N. lat. will be increased from 14,000 lb (6350 kg) to 25,000 
lb (11,340 kg) per 2 months, and the cumulative landing limits for the 
northern fishery will increase from 1,500 lb (68 kg) to 2,000 lb (907 
kg) per 2 months. These increased cumulative landing limits will allow 
for higher landings without exceeding the OYs for overfished and 
depleted stocks.
    On January 11, 2001 (66 FR 2338), NMFS announced that darkblotched 
rockfish was overfished. Although only 7.1 percent of the northern 
slope rockfish had been landed through April, concerns about 
darkblotched rockfish catch resulted in only minor increases in the 
limits for the fisheries north of 40 deg.10' N. lat rather than the 
larger cumulative landing limits that could have been allowed. Because 
darkblotched rockfish is not a major component of the slope rockfish 
assemblage south of 40 deg.10' N. lat., larger increases were 
recommended for the southern area.

Limited Entry Trawl and Fixed Gear for Splitnose Rockfish South of 
40 deg.10' N. Lat.

    As with minor slope rockfish, landings of splitnose rockfish in the 
limited entry fishery south of 40 deg.10' N. lat. have been slow during 
the first half of 2001. The best available information indicated that 
limited entry trawl and fixed gear fisheries had landed 3.1 percent of 
splitnose rockfish set-aside for those fisheries, through the end of 
April. Given the low landing rates, the Council recommended increasing 
cumulative landing limits to levels that would allow higher landings 
without exceeding the OYs for overfished and depleted stocks. The 
Council recommended increasing the limited entry splitnose slope 
rockfish cumulative landing limits for both trawl and fixed gear south 
of 40 deg.10' N. lat. from 14,000 lb (6,350 kg) to 25,000 lb (11,340 
kg) per 2 months.

Limited Entry Trawl and Fixed Gear for POP

    Previously published trip limits for POP were intended to 
accommodate the increased incidental catch of POP during the summer 
months by increasing the monthly cumulative landing limits for the May 
through October periods. Because landings of POP in the limited entry 
trawl and fixed gear fisheries have been slower than expected, with 
only 18.4 percent of the allowance landed through the end of April 
2001, the Council recommended increasing cumulative landing limits for 
the remainder of the year. The limited entry POP cumulative landing 
limits for both trawl and fixed gear will be increased from 2,500 lb 
(1,134 kg) to 3,500 lb (1,588 kg) per month for the July through 
October periods, then decreased, as previously announced to 1,500 lb 
(680 kg) per month for the November and December periods. The increased 
cumulative landing limits will allow higher landings without exceeding 
the POP OY or the OYs established for other overfished or depleted 
stocks.

Limited Entry Trawl and Fixed Gear for Dover Sole North and South of 
40 deg.10' N. Lat.

    During the first 4 months of 2001, the limited entry trawl and 
fixed gear Dover sole cumulative landing limits north of 40 deg.10' N. 
lat. were set at 65,000 lb (2,948 kg) per 2 months and the cumulative 
landing limits south of 40 deg.10' N. lat. were set at 35,000 lb 
(15,876 kg) per 2 months. The cumulative landing limits were set higher 
in the northern area to allow for the harvest of winter concentrations 
of Dover sole at a time when they are not closely associated with 
depleted or overfished rockfish species. Under these cumulative landing 
limits, 1,700 mt were landed during the first 2 months and 2,500 mt 
were landed during the second 2 months. The best available information 
indicated that the limited entry fisheries had landed 57.5 percent of 
the Dover sole allowance through the end of April 2001. In May, the 
northern limit was reduced to 20,000 lb (9,072 kg) per 2 months, while 
the southern limit remained at 35,000 lb (15,876 kg) per 2months. 
Despite the reduced limits in the northern area, the coastwide landings 
of Dover sole remained higher than expected. In response to the rapid 
pace of Dover sole landings, the Council recommended reducing the trawl 
and fixed gear limits in both areas by 5,000 lb (2,268 kg) per 2 
months, resulting in a Dover sole limit of 15,000 lb (6,804 kg) per 2 
months for the area north of 40 deg.10' N. lat. and a Dover sole limit 
of 30,000 lb (13,608 kg) per 2 months for the area south of 40 deg.10' 
N. lat. For the September through December periods, the 2 month limits 
will be converted to monthly limits.

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

    In April, the Council adopted an interim change in the trip limits 
for the limited entry trawl fishery for flatfish north of 40 deg.10' N. 
lat. This limit allowed up to 50,000 lb (22,680 kg) per month of non-
Dover flatfish, caught with a small footrope, to be landed providing 
that no more than 15,000 lb (6,804 kg) of petrale sole and 10,000 lb 
(4,536 kg) of arrowtooth flounder are landed. The sub-limits were 
established as a measure to restrict harvest of canary rockfish, which 
was designated as overfished on January 4, 2000 (65 FR 221). To reduce 
the discard of incidentally caught arrowtooth flounder, without 
encouraging targeting, the Council recommended changing the structure 
of northern flatfish trawl and fixed gear limits from July through 
October. The small footrope trawl limit is decreased from 50,000 lb 
(22,680 kg) to 45,000 lb (20,412 kg) per month; the sub-limit for 
petrale sole remains at 15,000 lb (6,804 kg) per month. In addition, 
the arrowtooth flounder limit is no longer a sub-limit and is changed 
from a per month limit of 10,000 lb (4,536 kg) to a per trip limit of 
no more than 7,500 lb (3,402 kg), not to exceed 30,000 lb (13,608 kg) 
per month. The large footrope limit for arrowtooth flounder remains at 
5,000 lb (2,268 kg) per trip, not to exceed 30,000 lb (13,608 kg) per 
month; petrale sole which has been

[[Page 35390]]

prohibited, is increased to 100 lb (45 kg per trip and all other 
flatfish remains at 1,000 lb (454 kg) per trip. Although flatfish are 
rarely taken with fixed gear, the Limited Entry Fixed gear limits for 
flatfish will be the same as the small footrope trawl limits.

Limited Entry Trawl for Yellowtail Rockfish North of 40 deg.10' N. lat. 
and Widow Rockfish

    The best available information indicates that 59.0 percent of the 
limited entry widow rockfish coastwide and 52.3 percent of the 
yellowtail rockfish north of 40 deg.10' N. lat. had been landed through 
the end of April. To reduce the likelihood of reaching the widow 
rockfish OY early, the mid-water trawl option for widow rockfish and 
yellowtail rockfish north will be restricted to the small footrope 
limit for the July through September periods. At its September meeting, 
the Council intends to review the October yellowtail limits of 15,000 
lb (6,804 kg) per month, and the widow rockfish limits of 10,000 lb 
(4,536 kg) per month. If necessary, the Council will adjust these 
limits to keep landings within the OYs. The small footrope limits for 
both species will remain unchanged at 1,000 lb (454 kg) per month for 
widow rockfish and 1,500 (680 kg) per month for yellowtail rockfish 
that is not taken as flatfish bycatch.
    To allow for incidental catch of widow rockfish and yellowtail 
rockfish taken during the primary whiting fishery, whiting fishers will 
be allowed to land cumulative landing limits that are twice the amount 
of the small footrope limits, providing that at least 10,000 lb (4,536 
kg) of whiting are landed in the same trip. In addition, a per trip 
limit of 500 lb (227 kg) for widow and yellowtail rockfish combined 
will apply. Widow and yellowtail rockfish in excess of these amounts 
will be forfeited to the states by fishers operating under an exempted 
fishing permit.

Limited Entry Fixed Gear and Open Access for Sablefish North of 36 deg. 
N. Lat.

    Daily trip limit sablefish landings in both the limited entry fixed 
gear and open access fisheries were relatively low through the spring 
months. The best available information at the June Council meeting 
indicated that 24.5 percent of the limited entry fixed gear and open 
access sablefish allocations combined had been landed through May 2001. 
Since January, both fisheries have operated under landing limits of 300 
lb (136 kg) per day, not to exceed 2,700 lb (1,225 kg) per 2 months. To 
allow fisheries access to sablefish allocations during the more active 
summer fishing months, when more small vessels participate in the 
fishery, the Council recommended re-instating a once per week delivery 
option. The landing limits for the limited entry fisheries north of 
36 deg. N. lat. for the July to August periods will be 300 lb (136 kg) 
per day or one landing per week up to 900 lb (408 kg), not to exceed 
3,600 lb (1,633 kg) per 2 months. Beginning on September 1, a monthly 
limit of 1,800 lb (816 kg) per month will become effective. The landing 
limits for the open access fisheries north of 36 deg. N. lat. for the 
July through periods will be 300 lb (136 kg) per day or one landing per 
week up to 800 lb (363 kg), not to exceed 4,800 lb (2,177 kg) per 2 
months. Beginning on September 1, 2001, a monthly limit of 2,400 lb 
(1,089 kg) per month will become effective.

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 at 66 FR 2338, January 11, 2001, as amended at 66 
FR 10208, February 14, 2001; 66 FR 18409, April 9, 2001; 66 FR 22467, 
May 4, 2001, and 66 FR 28676, May 24, 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.

IV. NMFS Actions

B. Limited Entry Fishery

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C. Trip limits in the Open Access Fishery

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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 2338 (January 11, 2001), as amended at 66 FR 10208 (February 14, 
2001), at 66 FR 18409 (April 9, 2001), at 66 FR 22467 (May 4, 2001), 
and at 66 FR 286767 (May 24, 2001), and are based on the most recent 
data available.
    The Assistant Administrator for Fisheries, NOAA, (AA) finds good 
cause to waive the requirement to provide prior notice and comment on 
this action pursuant to 5 U.S.C. 553 (b)(3)(B), providing prior notice 
and opportunity for comment would be impracticable. It would be 
impracticable because the groundfish cumulative landing limit period 
begins on July 1, 2001, and affording additional notice and opportunity 
for public comment would impede the agency's responsibility under the 
FMP for managing fisheries to achieve OY. Increases to trip limits 
relieve restrictions on the public and decreases to trip limits must be 
implemented in a timely manner to stretch the season out as long as 
possible through the year, which is a major goal of the FMP. If the 
changes were delayed, a fisher may not be able to achieve the higher 
limit allowed during this cumulative landing limit period; thereby 
unnecessarily restricting the fisher. For species where cumulative 
landing limits have been lowered, a fisher may be able to achieve the 
pre-existing higher limits, and thus frustrate the conservation 
objectives of the cumulative landing limit changes, or force further 
reductions for the entire fleet later in the season. In short, the 
benefits to be obtained by making new limits effective during this 
cumulative landing limit period (either additional fish available to 
the fisher, or reduced limits to protect a species) would not be 
available during this cumulative landing limit period.
    In addition, the affected public had the opportunity to comment on 
these actions at the June 2001 Council meeting. For these reasons, good 
cause also exists to waive the 30-day delay in effectiveness 
requirement of 5 U.S.C. 553(d)
    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: June 29, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-16801 Filed 6-29-01; 2:26 pm]
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