[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63199-63202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30112]


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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. 111901C]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Trip Limit Adjustment for Dover Sole 
in the Limited Entry Trawl Fishery

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

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ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS announces a 1,000 lb (454 kg)/trip limit of Dover sole in 
the limited entry trawl fishery coastwide for the month of December. 
This action, which is authorized by the Pacific Coast Groundfish 
Fishery Management Plan (FMP) and its implementing regulations, is 
within the 2001 optimum yield (OY) for Dover sole and is intended to 
allow landings of Dover sole caught incidentally in other flatfish 
fisheries.

DATES: Changes to management measures are effective 0001 hours local 
time December 1, 2001, unless modified, superseded, or rescinded 
through the effective dates of the 2002 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 December 20, 2001.

ADDRESSES: Submit comments to D. Robert Lohn, Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or to 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 also accessible via the internet 
at the website of the Office of the Federal Register: http://www.access.gpo.gov/su-docs/aces/aces140.html.
    The Pacific Coast Groundfish FMP and its implementing regulations 
at 50 CFR part 660, subpart G, regulate fishing for over 80 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 through 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), at 66 FR 50851 (October 5, 
2001), at 66 FR 54721 (October 30, 2001), and at 66 FR 55599 (November 
2, 2001).
    Among the more than 80 species managed under the FMP are Dover 
sole, thornyheads, sablefish, and flatfish (flatfish is used in this 
document to mean all flatfish listed at 50 CFR 660.302, except Dover 
sole). In the trawl fishery, Dover sole is targeted along with 
thornyheads and sablefish. Because these species are targeted together 
with trawl gear, they are managed as part of a multi-species complex 
consisting of Dover sole, thornyheads (shortspine and longspine), and 
sablefish, known as the DTS complex. In addition to the directed 
fishery for the DTS complex, Dover sole is also caught incidentally in 
other flatfish trawl fisheries on the continental shelf and slope.
    Through August 2001, the best available information from PacFIN 
indicated that the DTS complex was approaching the commercial landed 
catch OY for 3 of 4 species, Dover sole (92 percent), trawl-caught 
sablefish (89 percent) and shortspine thornyhead (79.7 percent). Based 
on recommendations from the Council's September meeting, NMFS closed 
the limited entry trawl directed fishery for the DTS complex, including 
Dover sole, from October 2, 2001, through the effective date for the 
2002 specifications and management measures in order to avoid exceeding 
the target landed catch OY of Dover sole, sablefish and shortspine 
thornyhead (66 FR 50851, October 5, 2001). However, other flatfish 
trawl fisheries, such as Petrale sole and arrowtooth flounder, have 
remained open since September. Thus, while it has been illegal to land 
Dover sole and any DTS complex species caught with trawl gear since 
October 2, 2001, Dover sole is still caught as bycatch in the other 
flatfish fisheries that have remained open and is assumed to be 
discarded. This discard is accounted for in calculating total catch by 
applying a discard rate recommended by the Council based on a trawl 
logbook analysis of the incidental catch of Dover sole in other 
flatfish fisheries.
    PacFIN data have been updated since the September Council meeting. 
The best available information indicates that 93 percent of the Dover 
sole allocation had been taken through October 31, 2001, leaving 515 mt 
of the Dover sole OY available for harvest. In order to account for the 
Dover sole caught incidentally in the winter flatfish fisheries, the 
Council recommended at its October 29 through November 2, 2001, meeting 
in Millbrae, CA, to allow a 1,000 lb (454 kg)/trip limit of Dover sole 
in December for the limited entry trawl fleet. This action would allow 
vessels to retain Dover sole that would otherwise have been 
incidentally harvested and discarded. Allowing the incidental retention 
of Dover sole in the flatfish fisheries is not expected to increase 
incidental interception of sablefish and shortspine thornyhead because 
flatfish trawling requires different fishing techniques and occurs in 
different fishing grounds than in the directed DTS trawl fisheries. 
Taking into account the number of vessels and trips per vessel by other 
flatfish fisheries over the past 3 years during the month of December, 
opening up this trip limit for incidentally caught Dover sole is 
expected to add another 200 to 300 mt to the landed catch OY, well 
within the approximately 500 mt of remaining OY.

NMFS Actions

    NMFS concurs with the Council's recommendation and hereby announces 
a trip limit for the limited entry trawl fishery coastwide of 1,000 lb 
(454 kg)/trip of Dover sole from December 1, 2001, through the 
effective date of the 2002 specifications and management measures for 
the Pacific Coast groundfish fishery. This trip limit is intended to 
allow for Dover sole caught incidentally in other flatfish trawl 
fisheries.
    Accordingly, at 66 FR 2338, January 11, 2001, as subsequently 
amended, in Section IV, under B. Limited Entry Fishery, Table 3 is 
revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

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[GRAPHIC] [TIFF OMITTED] TR05DE01.000


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Classification

    This action is 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), at 66 FR 50851 (October 5, 2001), at 66 FR 54721 
(October 30, 2001), and at 66 FR 55599 (November 2, 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)(B), as providing prior notice 
and opportunity for comment would be impracticable. It would be 
impracticable because the trip limit allowance is only effective for 
approximately the last 30 days of the fishing year. Dover sole is below 
its target landed catch OY for the 2001 fishing year, and any delay in 
action would not provide enough time for the fisheries to have access 
to the remaining Dover sole OY. Thus, any delay in action would 
unnecessarily restrict commercial fishers and impede NMFS's 
responsibility under the FMP to manage groundfish fisheries to achieve 
OY.
    For these reasons, good cause also exists to waive the 30-day delay 
in effectiveness requirement of 5 U.S.C. 553 (d)(3).
    This action is taken under the authority of 50 CFR 660.323 (b)(1) 
and is exempt from review under Executive Order 12866.

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

    Dated: November 30, 2001.
Jonathan M. Kurland,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-30112 Filed 11-30-01; 4:02 pm]
BILLING CODE 3510-22-S