[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Proposed Rules]
[Page 40188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19217]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[ID 071301D]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Application for an Exempted Fishing 
Permit

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

ACTION: Notice of receipt of an application for an exempted fishing 
permit (EFP); request for comments.

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SUMMARY: NMFS announces receipt of an application for an EFP from the 
Pacific Marine Conservation Council (PMCC), State of California 
Department of Fish and Game (CDF&G), and Kenyon Hensel. The primary 
purpose of the EFP is to collect quantitative information to assess the 
selectivity of open access vertical hook-and-line and rod-and-reel gear 
used in the open access fishery off California. If awarded, the EFP 
would allow a small number of vessels to land groundfish species in 
excess of cumulative trip limits and to sell a portion of the 
yellowtail rockfish for profit, providing the vessel carries a State 
sponsored observer. This EFP proposal is intended to promote the 
objectives of the Pacific Coast Groundfish Fishery Management Plan 
(FMP) by providing data on gear selectivity and supporting a 
cooperative partnership to collect data to enhance management of the 
groundfish fishery.

DATES: Comments must be received by September 4, 2001.

ADDRESSES: ADDRESSES: Copies of the EFP application are available from 
Becky Renko, Northwest Region, NMFS, 7600 Sand Point Way N.E., Bldg. 1, 
Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Becky Renko, 206-526-6140.

SUPPLEMENTARY INFORMATION: This action is authorized by the FMP and 
implementing regulations at 50 CFR 600.745 and 50 CFR 660.350.
    On June 13, 2001, NMFS received a joint EFP application from PMCC, 
CDF&G, and Kenyon Hensel, a commercial fisher. The primary purpose of 
the exempted fishing activity is to provide quantitative information 
that can be used to assess the selectivity of open access vertical 
hook-and-line and rod-and-reel gear used in the open access fishery off 
California. In addition, fishing under the EFP is expected to provide 
valuable information on at-sea catch monitoring aboard small groundfish 
vessels.
    Fishing for yellowtail rockfish, an abundant and commercially 
important groundfish species, is constrained by efforts to rebuild 
canary rockfish, an overfished species. This is because the two species 
are typically caught together. Open access fishers who target 
yellowtail rockfish believe that the fishery can be prosecuted with a 
much lower rockfish bycatch rate than is currently assumed.
    Under the current open access trip limits for canary rockfish, 
fishers are allowed to land up to 50 lb (23 kg) per month of canary 
rockfish and up to 100 lb (45 kg) per month of yellowtail rockfish. 
Because the applicants believe that the current limits are too 
restraining to conduct an assessment of gear selectivity, they are 
requesting that participating vessels be allowed to land up to 1,000 lb 
(454 kg) yellowtail rockfish per month. Up to 500 lb (227 kg) of the 
yellowtail rockfish landed per month could be sold for profit by the 
vessel. Any monthly yellowtail landings greater than 500 lb,(227 kg) 
would be forfeited to the state of California. In addition, vessels 
would be required to retain all harvested rockfish species. Landings in 
excess of the applicable trip limits would be forfeited to the State of 
California.
    If issued, this EFP would allow designated vessels to retain 
rockfish in excess of cumulative trip limits and would allow them to 
sell a portion of the yellowtail rockfish for profit. In addition to 
the 50-lb (23-kg) per month cumulative limit for canary rockfish, a 
canary sub-limit of 30 lb (14 kg) per trip would apply. The EFP would 
also provide for a state-run observer program in which observers 
collect: species composition and length/weight data, and information on 
fishing effort, gear configurations and fishing schedules. Without an 
EFP, groundfish regulations at 50 CFR 660.306 (f) restrict vessels from 
landing groundfish species or species groups in excess of trip limits.
    Data collected during this project is expected to have a broader 
significance to the management of the groundfish fishery by providing: 
(1) Quantitative information necessary to evaluate the selectivity of 
vertical hook-and-line and rod-and reel gear used by open access 
fishers; (2) catch composition data; (3) length and weight data from 
harvested catch that is otherwise not available, (4) information on the 
full retention of rockfish catch; and (5) valuable information on at-
sea catch monitoring aboard small groundfish vessels.
    If the EFP is issued, approximately 1-5 vessels are expected to 
fish under the EFP using vertical hook-and-line and rod-and-reel gear, 
from August to October 2001 and again from June to October 2002. The 
proposed fishing would initially occur in nearshore waters, 19-55 
fathoms, off Crescent City, CA, but may be expanded into other areas 
depending on the number of participating vessels and the final sampling 
plan. With the exception of rockfish, landings of all other groundfish 
will be within the applicable trip limit limits for those species.
    In accordance with regulations, NMFS has determined that the 
proposal warrants further consideration and has consulted with the 
Council. The Council considered the EFP application during its June 11-
5, 2001, meeting in Burlingame, CA and supported approval of the 
application. A copy of the application is available for review from 
NMFS (see ADDRESSES). Based on the results of this EFP, this action may 
lead to future rulemaking.

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

    Dated: July 26, 2001.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-19217 Filed 8-1-01; 8:45 am]
BILLING CODE 3510-22-S