[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Rules and Regulations]
[Pages 50851-50858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25031]


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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. 092801C]


Fisheries off the 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: Inseason adjustments/fishing restrictions; request for 
comments.

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SUMMARY: The NMFS announces changes to the following limited entry and 
open access trip limits in the Pacific Coast groundfish fishery: 
limited entry trawl for the (``DTS complex'') (Dover sole, thornyheads, 
and sablefish) species, petrale sole, other flatfish, and arrowtooth 
flounder; limited entry trawl and open access for minor slope rockfish; 
limited entry trawl, fixed gear and open access for widow rockfish, 
yellowtail rockfish, Pacific ocean perch, other flatfish, minor shelf 
rockfish, canary rockfish, bocaccio rockfish, chilipepper rockfish, 
minor nearshore rockfish, and lingcod. In addition, this document 
defines measures that may be taken to keep recreational harvests of 
bocaccio and canary rockfish off California within the 2001 
allocations. This document also announces the last cumulative trip 
limit period in 2001 for the ``B'' platoon, those limited entry trawl 
vessels designated to take their cumulative trip limits two weeks out 
of phase with the rest of the fleet. These actions, which are 
authorized under the Pacific Coast Groundfish Fishery Management Plan 
(FMP), are intended to assist the fisheries in achieving optimum yield 
(OY) while protecting overfished and depleted stocks.

DATES: Changes to management measures are effective 0001 hour (local 
time) October 2, 2001, (October 16, 2001 for the ``B'' platoon) unless 
modified, superseded, or rescinded. These changes are effective until 
the effective dates of the specifications and management measures for 
the Pacific Coast groundfish fishery for 2002, which will be published 
in the Federal Register. Comments on this rule will be accepted through 
October 22, 2001.

ADDRESSES: Submit comments to D. Robert Lohn, Administrator, Northwest 
Region (Regional Administrator), NMFS, 7600 Sand Point Way N.E., BIN 
C15700, Bldg. 1, Seattle, WA 98115-0070; or Rod McInnis, Acting 
Regional 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) at its September 10-14, 2001, meeting in Portland, OR. 
Pacific Coast groundfish landings will be monitored throughout the 
remainder of the year, and further adjustments to the trip limits will 
be made as necessary to stay within the OYs and allocations announced 
in the 2001 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), at 66 FR 
28676 (May 24, 2001), at 66 FR 35388 (July 5, 2001), and 66 FR 38162 
(July 23, 2001).
    To rebuild the canary rockfish stock, which was declared overfished 
in 2000 (65 FR 221, January 4, 2000), the Council chose to maintain 
very restrictive canary rockfish trip limits throughout the year. The 
reduced limits were intended to eliminate direct targeting on canary 
rockfish. To reduce the incidental catch of canary rockfish, the 
Council has constrained target fisheries for associated species, and 
has diverted fishing effort off the continental shelf where canary 
rockfish are commonly found. Despite these efforts, commercial landings 
of canary rockfish have been higher than expected through August. 
Concerns about the incidental catch of canary rockfish have resulted in 
NMFS deviating from two of the Council's recommendations and adopting 
more precautionary measures for trip limit adjustments in the limited 
entry trawl fisheries.
    At the September meeting, the Council recommended no retention of 
canary rockfish in the limited entry fixed gear and open access 
fisheries coastwide, but did not address canary rockfish catch in the 
trawl fisheries. Throughout 2001, the trawl fisheries have been 
structured to minimize the interception of canary rockfish and NMFS 
believes that the Council had intended to also further restrict 
landings of canary rockfish in the trawl fishery. Therefore, consistent 
with the limited entry fixed gear and open access fisheries 
restrictions, NMFS will also prohibit the retention of canary rockfish 
in the limited entry trawl fisheries starting with the October trip 
limit period. Changes to trip limits for trawl gear fisheries may 
affect either of the small footrope or large footrope bottom trawl 
fisheries or the mid-water trawl fisheries.
    To allow access to more abundant flatfish stocks, the Council 
recommended increasing the limited entry trawl gear trip limits for 
petrale sole taken with small footrope gear from 15,000 lb (16,804) per 
month to 30,000 lb (13,608 kg) per month, and for large footrope gear 
from 100 lb ( 45 kg) per trip and 1,000 lb (454 kg) per month to 30,000 
lb (13,608 kg) per month, beginning with the October trip limit period. 
Petrale sole generally move to

[[Page 50852]]

deep water during the winter months and are not associated with canary 
rockfish. However, during October some petrale sole may still be found 
on the continental shelf and a trip limit increase could result in a 
high incidental catch of canary rockfish. Therefore, NMFS is 
maintaining the current trip limits for petrale sole through October. 
During the November and December cumulative periods, NMFS will 
implement the Council's recommendation of a large and small footrope 
petrale sole limit of 30,000 lb (13,608 kg) per month.

Limited Entry Trawl Gear limits for DTS Complex North and South of 
40 deg.10' N. Lat.

    Dover sole, thornyheads, and sablefish are managed as the ``DTS 
complex.'' The best available information indicates that DTS catch in 
the limited entry trawl fishery has been greater than expected, with 
Dover sole at 92.0 percent, sablefish at 89.0 percent, and shortspine 
thornyhead at 79.7 percent of their allocations, through August 31, 
2001. To allow fishers access to flatfish stocks without exceeding the 
Dover sole or sablefish OYs, the Council recommended prohibiting 
retention of DTS species in the limited entry trawl fishery coastwide 
starting October 2, 2001.
    To account for discard mortality of incidentally caught DTS species 
in the flatfish fisheries, bycatch rates based on 1999 state logbook 
data will be used as inseason deductions from remaining DTS 
allocations. These bycatch rates measure unavoidable associated catch 
and are based on tows unconstrained by trip limits from 1999 state 
logbook data. In the petrale sole fishery, rates of 0.8 percent for 
Dover sole, 5.0 percent for sablefish, and 0.5 percent for shortspine 
thornyhead will be applied to the landed catch of other flatfish to 
calculate the amount of incidentally caught DTS species. For the other 
flatfish fishery, rates of 0.5 percent for Dover sole, 0.12 percent for 
sablefish, and 0.1 percent for shortspine thornyhead will be applied to 
the landed catch of other flatfish to calculate the amount of 
incidentally caught DTS species.

Limited Entry Trawl Gear and Open Access Limits For Minor Slope 
Rockfish North of 40 deg.10' N. Lat.

    NMFS declared darkblotched rockfish overfished on January 11, 
2001(66 FR 2338). Although darkblotched rockfish has a separate ABC and 
OY, it is managed as part of the minor slope rockfish complex. The best 
available information indicates that 90.6 percent of the open access 
and limited entry allocations for darkblotched rockfish had been taken 
through August. To encourage rebuilding of the darkblotched rockfish 
stock, while at the same time allowing for modest levels of bycatch in 
other fisheries, the Council recommended decreasing effort in the 
directed fishery for minor slope rockfish during the remainder of 2001. 
As of October 2, 2001, the limited entry trawl and open access gears 
will be prohibited from taking and retaining, possessing or landing 
minor slope rockfish north of 40 deg.10' N. lat. Landings of 
darkblotched rockfish taken with limited entry fixed gear have been low 
this year. Therefore, the limited entry fixed gear limits for minor 
slope rockfish north of 40 deg.10' N. lat. will continue as previously 
announced.

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

    Since 2000, the use of mid-water trawl gear has been recommended by 
the Council as an effective method to harvest widow and yellowtail 
rockfish above the ocean floor with little incidental catch. The best 
available information indicates that the catch of widow rockfish in the 
limited entry trawl fishery was at 66.4 percent and yellowtail rockfish 
at 74.5 percent of their respective allocations through July. To reduce 
the likelihood of reaching the widow rockfish OY early and allow for a 
winter mid-water fishery, the mid-water trawl options for widow and 
yellowtail rockfish north of 40O10' N. lat. have been restricted to the 
1,000 lb (454 kg) per month small footrope limit since July, except for 
the limit for widow rockfish landed with Pacific whiting which is 2,000 
lb (907 kg) per month. To provide fishers access to a widow rockfish 
mid-water fishery without exceeding the OY before the end of the year, 
the Council recommended extending the current trip limits through 
October, then increasing the cumulative limits during November and 
December. Trip limits for the November to December period will be 
increased from the scheduled 10,000 lb (4,536 kg) per 2 months to 
25,000 lb (11,340 kg) per 2 months.
    The incidental catch of canary rockfish is higher during directed 
fishing for yellowtail rockfish than during directed fish for widow 
rockfish. Therefore, to discourage directed fishing for yellowtail 
rockfish because of the associated landing of canary rockfish, the 
Council recommended a decrease in the scheduled trip limits for 
yellowtail rockfish during the November to December period. Limits are 
intended to allow for incidental yellowtail rockfish catch taken by 
vessels using mid-water trawl gear to harvest widow rockfish, while 
reducing the incentive for directed yellowtail fishing. For the 
November through December period, the cumulative 2 month limit for 
yellowtail rockfish taken with limited entry mid-water trawl gear is 
decreased from 20,000 lb (9,072 kg) per 2 months to 15,000 lb (6,804 
kg) per 2 months.
    In keeping with natural catch association patterns and to reduce 
yellowtail rockfish discards in the flatfish fisheries, trip limits for 
yellowtail rockfish taken with flatfish in small footrope fisheries 
were introduced in 2000 (65 FR 45308, July 21, 2000). To allow 
incidental catch of yellowtail by vessels targeting flatfish with a 
small footrope, the Council recommended maintaining current trip limits 
for the remainder of the year. During the November through December 
period, the limited entry trawl gear trip limit for yellowtail rockfish 
taken as bycatch with flatfish shall be no more than the sum of 33 
percent (by weight) of all flatfish except arrowtooth flounder, plus 10 
percent (by weight) of arrowtooth flounder, not to exceed 7,500 lb 
(3,402 kg) per trip, nor 15,000 lb (6,804 kg) per 2 months.

Limited Entry Trawl Gear Limits for Other Flatfish, Petrale Sole, and 
Arrowtooth Flounder North and South of 40 deg.10' N. Lat.

    To allow access to allocations for the healthier flatfish stocks, 
the Council recommended a trip limit for ``other flatfish'' taken with 
small footrope gear in the limited entry trawl fishery of 30,000 lb 
(13,608 kg) per month starting with the October period. Other flatfish 
taken with large footrope gear in the limited entry trawl fishery would 
continue at 1,000 lb (454 kg) per trip. As noted above, the Council's 
recommended limit for petrale sole taken in the limited entry trawl 
fisheries, for both small and large footrope gear, was 30,000 lb 
(13,608 kg) per month. Concerns about the incidental catch of canary 
rockfish have resulted in NMFS deviating from the Council's 
recommendations and adopting more precautionary measures. To minimize 
the catch of associated rockfish species, including canary rockfish, by 
vessels directing effort on other flatfish and petrale sole, NMFS will 
maintain the current small footrope limits of 45,000 lb (20,412 kg) per 
month for other flatfish, with a sub-limit of 15,000 lb (6,804 kg) per 
month for petrale sole, and the large footrope limits for petrale sole 
of 100 lb (45 kg) per trip and an ``other flatfish'' per trip

[[Page 50853]]

limit of 1,000 lb (454 kg) during October. NMFS will implement the 
Council's recommendation during the November to December period. 
Therefore, for the November and December period, both the small and 
large footrope petrale sole limits will be set at 30,000 lb (13,608 kg) 
per month and the small footrope other flatfish limit will be set at 
30,000 lb (13,608 kg) per month. For large footrope gear, a 1,000 lb 
(454 kg) per trip other flatfish limit will continue to be in effect. 
As of October 2, 2001, arrowtooth flounder taken in the limited entry 
trawl fisheries using large and small footrope gear will have a 5,000 
lb (2,268 kg) per trip limit and a 30,000-lb (13,608-kg) monthly limit.

Limited Entry Trawl, Fixed Gear and Open Access Limits For Pacific 
Ocean Perch

    The best available information indicates that 90.6 percent of the 
open access and limited entry allocations for darkblotched rockfish had 
been taken through August. Concerns about the incidental catch of 
darkblotched rockfish by vessels directing effort on Pacific ocean 
perch have resulted in the Council recommending that further taking and 
retaining, possessing or landing of Pacific ocean perch be prohibited 
for all limited entry and open access gears for the remainder of the 
year. NMFS concurs with this recommendation.

Limited Entry Trawl, Fixed Gear and Open Access Limits For Boccacio and 
Canary Rockfish Coastwide

    Bocaccio rockfish (64 FR 49092, September 10, 1999), along with 
canary rockfish, have been declared overfished. The Council is 
developing rebuilding plans for these two species. The 2001 OYs for 
bocaccio rockfish and canary rockfish were set consistent with the 
rebuilding plans under development. Throughout the year, the Council 
has set low trip limits to allow incidental catch of these species in 
fisheries for healthy stocks while removing the incentive for directed 
fishing. Despite these conservative measures, the catch of bocaccio and 
canary rockfish has been higher than expected during 2001. To prevent 
these overfished species from exceeding their 2001 OYs and hindering 
rebuilding, the Council recommended prohibiting taking and retaining, 
possessing or landing of bocaccio rockfish and canary rockfish in the 
limited entry and open access fisheries (including the exempted gears) 
coastwide for the remainder of the year. NMFS concurs with this 
recommendation.

Limited Entry Trawl Limits For Shelf Rockfish North and South of 
40 deg.10' N. Lat.

    Throughout the year, fishing effort has been diverted off the sea 
floor of the continental shelf where several overfished species, 
canary, widow, and bocaccio rockfish, are commonly found. To allow for 
modest levels of incidental catch of shelf rockfish in the limited 
entry trawl fishery for flatfish while discouraging targeting of shelf 
species, the Council recommended a decrease in the cumulative limits 
for minor shelf rockfish. As of October 2, 2001, the limit for minor 
shelf rockfish taken in the limited entry trawl fishery north of 
40 deg.10' N lat. will decrease from 1,000 lb (454 kg) per month to 300 
lb (136 kg) per month and south of 40 deg.10' N. lat. from 1,000 lb 
(454 kg) to 500 lb (227 kg) per month.

Limited Entry Trawl Small Footrope Gear, Limited Entry Fixed Gear and 
Open Access for Chilipepper Rockfish South of 40 deg.10' N. Lat.

    NMFS declared bocaccio rockfish overfished in 1999. Concerns about 
the incidental catch of bocaccio rockfish by vessels directing effort 
on chilipepper rockfish resulted in the 2001 OY for chilipepper 
rockfish being set lower than would have otherwise been necessary. 
Concerns about the incidental catch of bocaccio rockfish resulted in 
the Council also recommending a decrease in cumulative limits for 
chilipepper rockfish taken with small footrope trawl from 7,500 lb 
(3,402 kg) per 2 months to 5,000 lb (2,268 kg) per 2 months for the 
November through December periods. The Council additionally recommended 
closing chilipepper rockfish landings for the limited entry fixed gear 
and open access fisheries starting October 2, 2001. NMFS concurs with 
this recommendation.

Limited Entry Trawl, Fixed Gear and Open Access Limits For Lingcod 
North and South of 40 deg.10' N. Lat.

    The catch of lingcod in the trawl and fixed gear fisheries during 
2001 has been slightly lower than expected. Through July 31, 2001, the 
landings of lingcod were at 55.8 percent of the OY. In order to provide 
fishers greater access to the OY for lingcod, the Council recommended 
an increase in lingcod trip limits. For the month of October, lingcod 
trip limits for all commercial fisheries coastwide will increase from 
400 lb (181 kg) per month to 500 lb (227 kg) per month. To limit effort 
during the winter spawning season, there will still be no retention of 
lingcod during November through December in all fisheries coastwide.

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

    Because the nearshore rockfish recreational harvests north of 
40 deg.10' N. lat. have been greater than expected, the Council 
recommended reducing trip limits to slow the fishery. The scheduled 
cumulative limits for minor nearshore rockfish taken with limited entry 
fixed gear and open access were 7,000 lb (3,175 kg) per 2 months, with 
a limited entry sub-limit of no more than 4,000 lb (1,814 kg) and an 
open access sub-limit no more than 900 lb (408 kg) of species other 
than black or blue rockfish. For both limited entry fixed gear and open 
access, the new nearshore rockfish limits will be 2,000 lb (907 kg) per 
month, of which no more than 800 lb (363 kg) may be species other than 
black or blue rockfish effective October 2, 2001. South of 40 deg.10' 
N. lat., nearshore rockfish harvest has been relatively slow in 2001. 
Thus, cumulative limits of minor nearshore rockfish taken with limited 
entry fixed gear will increase from 2,000 lb (907 kg) per 2 months to 
3,000 lb (1,361 kg) per 2 months as of October 2, 2001. As of October 
2, 2001, cumulative limits of minor nearshore rockfish taken with open 
access gear south of 40 deg.10' N. lat. will also increase, from 1,200 
lb (544 kg) per 2 months to 3,000 lb (1,361 kg) per 2 months.

Limited Entry Fixed Gear and Open Access Limits for Shelf Rockfish, 
including Widow Rockfish and Yellowtail Rockfish, North and South of 
40 deg.10' N Lat.

    To prevent bocaccio and canary rockfish from exceeding their 2001 
OYs and hindering rebuilding, the Council recommended closing directed 
fishing for all shelf rockfish species.
    Effective October 2, 2001, the taking and retaining, possessing or 
landing of minor shelf rockfish, and of widow and yellowtail rockfish, 
north and south of 40 deg.10' N. lat. in the limited entry fixed gear 
and open access fixed gear fisheries will be prohibited.

California Recreational Limits for Bocaccio and Canary Rockfish

    The California Fish and Game Commission will meet in early October 
to discuss recreational catch and management measures for bocaccio and 
canary rockfish. At this time, the recreational catch of canary and 
bocaccio rockfish is approaching harvest guidelines. If the Commission

[[Page 50854]]

determines at that meeting to close recreational fisheries for canary 
and bocaccio rockfish inside state waters because the harvest 
guidelines have been reached, NMFS will publish complementary closures 
for Federal waters in the Federal Register.

Final Period for the ``B'' Platoon

    NMFS also announces the last cumulative trip limit period in 2001 
for the ``B'' platoon, those limited entry trawl vessels designated (on 
their limited entry permit) to take their cumulative trip limits 2 
weeks out of phase with the rest of the fleet. For vessels in the ``B'' 
platoon, the final cumulative period will be from November 16, 2001, 
through December 31, 2001. For species managed with monthly cumulative 
limits, vessels in the ``B'' platoon may take the November and December 
limits for those species during November 16, 2001, through December 31, 
2001. For species for which there are 2 month cumulative limits, 
vessels in the ``B'' platoon may take the final 2 month cumulative 
limit during the final period from November 16, 2001, through December 
31, 2001.

NMFS Actions

    For the reasons stated here, NMFS announces the following changes 
to the 2001 annual specifications and management measures (66 FR 2338, 
January 11, 2001, as subsequently amended) as follows:
    In Section IV, under B. Limited Entry Fishery, and under C. 1. Trip 
Limits in the Open Access Fishery, Tables 3, 4, and 5 are revised to 
read as follows.

IV. NMFS Actions

B. Limited Entry Fishery
* * * * *

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[[Page 50856]]


[GRAPHIC] [TIFF OMITTED] TR05OC01.012

C. Trip limits in the Open Access Fishery

* * * * *

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[GRAPHIC] [TIFF OMITTED] TR05OC01.013

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[[Page 50858]]

    (a) * * *
    2. In section IV., under B. Limited Entry Fishery, paragraphs (3) 
and (5) are revised, to read as follows:
    (3) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for pink shrimp.
    (a)
    (i)* * *
    (A) * * *
    (B) Starting May 1, 2001, through September 30, 2001: 200 lb (91 
kg) per month.
    (C) Starting October 2, 2001, taking and retaining, possessing or 
landing canary rockfish with exempted trawl gear by vessels engaged in 
fishing for pink shrimp is prohibited.
* * * * *
    (5) Groundfish taken with troll gear by vessels engaged in fishing 
for salmon north of 40 deg.10' N lat.
    Beginning October 1, the trip limits in Table 5 apply to all 
groundfish taken with troll gear by vessels fishing for salmon.
* * * * *

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), at 
66 FR 28676 (May 24, 2001), at 66 FR 35388 (July 5, 2001), and 66 FR 
38162 (July 23, 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), as providing prior 
notice and opportunity for comment would be impracticable. It would be 
impracticable because the groundfish cumulative landing limit period 
begins on October 2, 2001, and affording additional notice and 
opportunity for public comment would impede the agency's responsibility 
under the FMP to manage groundfish fisheries to achieve OY. Increases 
to trip limits relieve restrictions on the public and decreases to trip 
limits and closures must be implemented in a timely manner to either 
stretch the season out as long as possible through the year or to 
protect overfished and depleted species. For species where cumulative 
landing limits have been raised, such changes would prevent a fisher 
from achieving the higher limit allowed during this cumulative landing 
limit period, thereby unnecessarily restricting the fisher. For species 
where cumulative landing limits have been lowered or closed, a delay in 
implementing such changes would allow a fisher 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, allowing for public 
comment on these in-season changes and thus delaying their 
implementation would hinder 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).
    For these reasons, good cause also exists to waive the 30-day delay 
in effectiveness requirement of 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.

    Dated: October 2, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-25031 Filed 10-2-01; 4:49 pm]
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