[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54721-54723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27274]


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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. 102201A]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Recreational Fishery Closure

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

ACTION: Fishery closure; request for comments.

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SUMMARY: NMFS announces closure of the recreational fishery for 
rockfish and lingcod in Federal waters (3-200 nautical miles offshore) 
south of 40 deg.10' N lat. and seaward of the 20-fathom (36.9-m) depth 
contour off the coast of California from October 29 through December 
31, 2001. This action, which is authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP) and its implementing 
regulations, is intended to protect overfished species.

DATES: Changes to management measures are effective 0001 hours local 
time (l.t.) October 29, 2001, through 1159 hours l.t. December 31, 
2001, unless modified, superseded, or rescinded. Comments on this rule 
will be accepted through November 14, 2001.

ADDRESSES: Submit comments to D. Robert Lohn, Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or Rod 
McInnis, Acting Administrator, Southwest Region, NMFS, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Jamie Goen, 
Northwest Region, NMFS, 206-526-6140.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's Web site at http://www.access.gpo.gov/su_docs/aces/aces140.html.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at 50 CFR part 660, subpart G, regulate fishing for 82 species of 
groundfish off the coasts of Washington, Oregon, and California. Annual 
groundfish specifications and management measures are initially 
developed by the Pacific Fishery Management Council (Council), and are 
implemented by NMFS. The specifications and management measures for the 
current fishing year (January 1 - December 31, 2001) were 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), at 66 FR 
38162 (July 23, 2001), and 66 FR 50851, (October 5, 2001).
    Of the 82 species managed under the FMP, seven have been declared 
overfished under the Magnuson-Stevens Fishery Conservation and 
Management Act, including bocaccio and canary rockfish. The Council is 
developing rebuilding plans for these two species. Both bocaccio and 
canary rockfish are found primarily on the Continental shelf, and are 
classified as ``shelf'' rockfish species. They are caught directly and 
incidentally in the Pacific Coast groundfish (and non-groundfish) 
fisheries.
    Canary rockfish is the most difficult overfished species to manage 
as its management places great constraint on managing other groundfish 
species. Its optimum yield (OY) was reduced from 1,045 mt in 1999 to 
200 mt in 2000, and to 93 mt for 2001. From the 93 mt OY, 44 mt are set 
aside for the coastwide recreational catch, with 26 mt (22 mt

[[Page 54722]]

south of Cape Mendocino, 40 deg.30' N lat.) of the 44 mt expected to be 
taken in the California recreational fisheries for rockfish and 
lingcod.
    Bocaccio is another overfished species of concern in the California 
recreational fisheries for rockfish and lingcod. The bocaccio 
rebuilding plan applies to bocaccio occurring off California south of 
Cape Mendocino (40 deg.30' N lat.). Bocaccio's 2001 OY for that area is 
100 mt, with 52 mt expected to be taken as recreational harvest. 
Bocaccio north of 40 deg.30' N lat. are included in the OY for minor 
shelf rockfish north (70 mt).
    At its September 10-14, 2001, meeting in Portland, OR, the Council, 
in consultation with the State of California, recommended closure of 
the California recreational fisheries in Federal waters when the 
preseason estimates for recreational harvest are reached, following 
anticipated action by the California Fish and Game Commission 
(Commission) at its October 4-5, 2001, meeting to close California 
state waters.
    Currently, recreational catches of both canary and bocaccio 
rockfish are projected to have exceeded their preseason estimates, 
based on estimates from the Marine Recreational Fisheries Statistical 
Survey (MRFSS) through June and on projections of total annual catch 
based on MRFSS 1999 and 2000 catch levels. The recreational catch of 
canary rockfish off of California was at 16 mt of the 22 mt preseason 
estimate through June 2001 and at 22 mt of the 44 mt preseason estimate 
coastwide. During the remainder of the year (July - December), the 
recreational fisheries north of Cape Mendocino are expected to stay 
within the preseason estimate of canary rockfish in that area (22 mt), 
but the California recreational fishery south of Cape Mendocino is 
projected to take another 45 mt of canary rockfish.
    Bocaccio recreational catch approached the 52-mt preseason estimate 
in June, weighing in at 50 mt. If current regulations continue, the 
projected recreational catch alone of bocaccio could reach 111 mt by 
the end of 2001. By adding the estimated commercial catch of 30 mt 
through the end of the year, the total bocaccio catch could total 141 
mt, 41 mt over the 100 mt OY.
    As a result of projections that recreational harvest of canary 
rockfish and bocaccio will exceed the annual preseason estimates for 
these species, at its October 4-5, 2001, meeting in San Diego, CA, the 
Commission closed the California recreational fisheries for rockfish 
and lingcod (a co-occurring species) in California state waters from 
October 29 through December 31, 2001, and requested that NMFS also 
close Federal waters.

NMFS Actions

    NMFS concurs with the Council's and the Commission's 
recommendations, and hereby announces closure of the recreational 
fisheries for rockfish and lingcod in Federal waters (3-200 miles 
offshore) south of 40 deg.10' N lat. and seaward of the 20-fathom 
(36.9-m) depth contour off the coast of California from October 29 
through December 31, 2001. Fishing for minor nearshore rockfish inside 
the 20-fathom (36.9 m) depth contour south of 40 deg.10' N lat. remains 
open. However, retention of shelf rockfish (including bocaccio and 
canary rockfish) taken in this area is prohibited. Recreational fishing 
measures for the areas north of 40 deg.10' N lat. remain unchanged. 
(NOTE: The stock assessment areas for groundfish were modified in 2000 
such that the ABCs and OYs apply to areas north and south of 40 deg.30' 
N lat. (Cape Mendocino) to better align with the trip limit areas and 
management actions that apply north and south of 40 deg.10' N lat.)
    Accordingly, at 66 FR 2338, January 11, 2001, as subsequently 
amended, in Section IV, under D. Recreational Fishery, paragraphs 
(1)(a)(ii), (1)(a)(iii) and (1)(b)(i) are revised to read as follows:

IV. NMFS Actions

D. Recreational Fishery
* * * * *
    (1) * * *
    (a) * * *
    (ii) Seasons. North of 40o10' N lat., recreational fishing for 
rockfish is open from January 1 through December 31. South of 
40 deg.10' N latitude and north of Point Conception (34 deg.27' N 
lat.), recreational fishing for rockfish is closed from March 1 through 
April 30. This area is also closed to recreational rockfish fishing 
from May 1 through June 30 and from October 29 through December 31, 
except that fishing for minor nearshore rockfish is permitted inside 
the 20-fathom (36.9-m) depth contour. South of Point Conception 
(34 deg.27' N lat.), recreational fishing for rockfish is closed from 
January 1 through February 28 and from October 29 through December 31., 
except that fishing for minor nearshore rockfish is permitted inside 
the 20-fathom (36.9-m) depth contour. Recreational fishing for cowcod 
is prohibited all year in all areas.
    (iii) Bag limits, boat limits, hook limits. North of 40 deg.10' N 
lat., when the recreational fishery is open, there is a 2-hook limit 
per fishing line, and the bag limit is 10 rockfish per day, of which no 
more than 2 may be bocaccio and no more than 1 may be canary rockfish. 
South of 40 deg.10' N lat., in times and areas when the recreational 
season is open, there is a 2-hook limit per fishing line, and the bag 
limit is 10 rockfish per day. From October 29 through December 31, 
retention of shelf rockfish (including bocaccio and canary rockfish) is 
prohibited south of 40 deg.10' N lat. Cowcod retention is prohibited 
coastwide throughout 2001. [Note: California scorpionfish, Scorpaena 
guttata, are subject to California's 10-fish bag limit per species, but 
are not counted toward the 10-rockfish bag limit.] Multi-day limits are 
authorized by a valid permit issued by California and must not exceed 
the daily limit multiplied by the number of days in the fishing trip.
* * * * *
    (1) * * *
    (b) * * *
    (i) Seasons. South of 40 deg.10' N lat. and north of Point 
Conception (34 deg.27' N lat.), recreational fishing for lingcod is 
closed from March 1 through June 30 and from October 29 through 
December 31. South of Point Conception (34 deg.27' N lat.), 
recreational fishing for lingcod is closed from January 1 through 
February 28 and from October 29 through December 31.

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), at 66 FR 
38162 (July 23, 2001), and 66 FR 50851, (October 5, 2001) and are based 
on the most recent data available. The aggregate data upon which this 
action is based are available for public inspection at the Office of 
the Administrator, Northwest Region, NMFS (see ADDRESSES) during 
business hours.
    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 this action is 
necessary to protect overfished species that are managed under Council-
approved rebuilding plans, and affording additional advance notice 
would reduce the agency's ability to protect those overfished species 
in a timely manner.

[[Page 54723]]

    This action is taken under the authority of 50 CFR 660.323 (b)(2), 
and is exempt from review under Executive Order 12866.

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

    Dated: October 25, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-27274 Filed 10-25-01; 3:14 pm]
BILLING CODE 3510-22-S