[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30604-30614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 660

[Docket No. 011231309-2090-03; I.D. 042502D]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures; Trip Limit Adjustments; Pacific Halibut Fisheries; 
Corrections

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

ACTION: Inseason trip limit adjustment; announcement of incidental 
halibut retention allowance; corrections to the 2002 specifications and 
management measures; 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 gear fisheries 
for the DTS complex (Dover sole, thornyheads, and sablefish), splitnose 
rockfish, minor slope rockfish, chilipepper rockfish, yelloweye 
rockfish sublimit in minor shelf rockfish, and lingcod; limited entry 
fixed gear

[[Page 30605]]

fisheries for splitnose rockfish, minor slope rockfish, minor nearshore 
rockfish, and sablefish; open access fisheries for minor slope 
rockfish, minor nearshore rockfish, and sablefish; yelloweye rockfish 
in pink shrimp fishery; and yellowtail rockfish in salmon troll 
fishery. 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. NMFS announces regulations for the retention of 
Pacific halibut landed incidentally in the limited entry primary 
longline sablefish fishery north of Pt. Chehalis, WA. Clarification is 
provided on the sublimit in the limited entry small footrope trawl 
fishery for yellowtail rockfish. This document also contains 
notification of a voluntary closed area for commercial fisheries off 
Washington, a correction to a CFR citation in the 2002 specifications 
and management measures that were published on March 7, 2002, and a 
correction to the trip limits in Table 4 for limited entry fixed gear 
minor rockfish south between 40 deg.10' N. and 34 deg.27' N. lat.

DATES: Changes to management measures are effective 0001 hours (local 
time) May 1, 2002, through the effective dates of the 2003 
specifications and management measures for the Pacific Coast groundfish 
fishery, unless modified, superseded, or rescinded, which will be 
published in the Federal Register. Comments on this rule will be 
accepted through May 22, 2002.

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

FOR FURTHER INFORMATION CONTACT: Jamie Goen or Becky Renko (Northwest 
Region, NMFS) 206-526-6140.

SUPPLEMENTARY INFORMATION:

Background

    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 (Pacific Council), 
and are implemented by NMFS. The specifications and management measures 
for the current fishing year (January 1-December 31, 2002) were 
initially published in the Federal Register as an emergency rule for 
January 1 - February 28, 2002 (67 FR 1540, January 11, 2002), and as a 
proposed rule for all of 2002 (67 FR 1555, January 11, 2002), then 
finalized effective March 1, 2002 (67 FR 10490, March 7, 2002). The 
emergency rule was subsequently amended at 67 FR 3820, January 28, 
2002, and at 67 FR 7289, February 19, 2002. The final rule was 
subsequently amended at 67 FR 15338, April 1, 2002.
    The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k) 
(Halibut Act) and its implementing regulations at 50 CFR part 300, 
subpart E, regulate fishing for Pacific Halibut in U.S. Convention 
waters. The Halibut Act also authorizes the Pacific Council to develop 
regulations governing the Pacific halibut catch in waters off of 
Washington, Oregon, and California that are in addition to, but not in 
conflict with, regulations of the International Pacific Halibut 
Commission (IPHC). Accordingly, the Pacific Council has developed, and 
NMFS has approved, a catch sharing plan (CSP) to allocate the total 
allowable catch (TAC) of Pacific halibut between treaty Indian and non-
Indian harvesters, and among non-Indian commercial and sport fisheries 
in IPHC statistical Area 2A (off Washington, Oregon, and California). 
The CSP, as implemented at 50 CFR part 300, provides for retention of 
halibut landed incidentally in the limited entry, longline primary 
sablefish fishery north of Pt. Chehalis, WA (46 deg.53'18" N. lat.) in 
years when the Area 2A TAC is above 900,000 lb (408.2 mt). Because the 
Area 2A TAC is above 900,000 lb (408.2 mt) in 2002, NMFS is 
establishing an allowance for incidental halibut retention in the 
primary sablefish fishery in 2002.
    The following changes to current groundfish management measures 
were recommended by the Pacific Council, in consultation with Pacific 
Coast Treaty Tribes and the States of Washington, Oregon, and 
California, at its April 8-12, 2002, meeting in Portland, OR. 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 2002 
specifications and management measures for the groundfish fishery, 
published in the Federal Register at 67 FR 10490 (March 7, 2002), as 
amended at 67 FR 15338 (April 1, 2002).
    Darkblotched rockfish, an overfished species found on the 
continental slope, is of particular concern for, and is harvested by, 
several sectors of the groundfish fishery discussed in this inseason 
action. To protect darkblotched rockfish, NMFS and the Pacific Council 
previously restricted trip limits for continental slope fisheries north 
of 40 deg.10' N. lat. The restricted limits north of 40 deg.10' N. lat. 
were intended to reduce harvest of species that co-occur with 
darkblotched rockfish in order to reduce the incidental harvest of 
darkblotched rockfish in areas where they tend to occur. However, 
recent data have shown that darkblotched rockfish may also occur in 
higher concentrations than previously believed south of 40 deg.10' N. 
lat., especially between 40 deg.10' N. lat. and 36 deg. N. lat. 
(Monterey management area).
    For the 2002 specifications and management measures, NMFS 
introduced a new bycatch model for estimating the rates at which 
certain overfished species, including darkblotched rockfish, co-occur 
as bycatch in fisheries targeting healthier stocks. For the purposes of 
this inseason action, ``bycatch'' is used to describe a species' co-
occurrence with a target species, regardless of whether the first 
species is retained (landed, sold, or otherwise used) or discarded. A 
re-evaluation of the bycatch model has shown that darkblotched rockfish 
landings information from the waters between 40 deg.10' N. lat. and 
36 deg. N. lat. (Monterey management area) may not have been accurate 
in the original bycatch model, resulting in co-occurrence rates used in 
the bycatch model for darkblotched rockfish being lower than what may 
have actually occurred in target fisheries in the Monterey area. NMFS 
and the Pacific Council must manage the coastwide fisheries to minimize 
opportunities for incidental darkblotched rockfish catch so as to not 
exceed the darkblotched rockfish OY, which is set at a level that is 
intended to rebuild the stock.
    For these reasons, the Pacific Council recommended reducing slope 
rockfish trip limits in this management area, starting May 1, 2002. In 
the coming months, the Pacific Council's Groundfish Management Team 
(GMT) will review fish ticket data to better evaluate landings in the 
Monterey area and to determine whether further adjustments are needed 
to the bycatch model and to trip limits to protect darkblotched 
rockfish. NMFS and the Pacific Council will recommend further changes 
at the June 2002 Council

[[Page 30606]]

meeting, based on the GMT's evaluation.
    In addition, NMFS must account for an additional 2 mt of 
darkblotched rockfish, expected to be taken in research catches. 
Together, these situations have led NMFS and the Pacific Council to 
recommended further restrictions to protect darkblotched rockfish. 
After considerable deliberation on this issue, NMFS and the Pacific 
Council have recommended reductions in the DTS fisheries, minor slope 
rockfish fisheries, and splitnose rockfish fisheries in order to 
further restrict the bycatch of darkblotched rockfish.

Limited Entry Trawl Gear Limits for DTS North of 40 deg.10' N. lat.

    During January-February of this year, landings of the DTS complex 
were 8 percent above projected levels. Due to concern about increased 
effort in the DTS fishery and its effects on darkblotched rockfish, an 
overfished species that co-occurs with the DTS complex, the Pacific 
Council recommended reducing trip limits for DTS north of 40 deg.10' N. 
lat. in order to reduce the incidental harvest of darkblotched 
rockfish. Although trip limits for the DTS fishery were scheduled to 
decrease in the winter to reduce darkblotched bycatch, further 
restrictions are necessary at this time to protect darkblotched 
rockfish. Reducing trip limits for the July-August period is expected 
to save roughly 6 mt of darkblotched rockfish, which should keep the 
darkblotched rockfish catch within the 2002 OY while allowing fisheries 
for co-occurring species to continue.
    The lower 2002 whiting OY, implemented on April 15, 2002 (67 FR 
18117), will most likely result in a shorter whiting season. This could 
cause effort to shift into the DTS fishery during the July-August 
period. Reducing trip limits in the northern DTS fishery during July-
August will reduce the catch of darkblotched rockfish not accounted for 
in the bycatch model, and will also reduce the likelihood of effort 
shifting into the DTS fishery from the whiting fishery. In order to 
accommodate the desire by fishers and processors to maintain year-round 
fishing opportunities and to reduce the likelihood of a total 
continental slope fishery closure later in the year due to early 
attainment of the DTS OY and/or interception of darkblotched rockfish, 
the trip limits for the DTS fishery for July-August were cut roughly in 
half.
    For the July-August period, the 2-month cumulative limits for the 
DTS trawl fishery occurring north of 40 deg.10' N. lat. will be reduced 
as follows: Dover sole will be reduced from 28,000 lb (12,700 kg) to 
14,000 lb (6,350 kg), shortspine thornyhead will be reduced from 2,600 
lb (1,179 kg) to 1,500 lb (680 kg), longspine thornyhead will be 
reduced from 3,000 lb (1,361 kg) to 1,500 lb (680 kg), and sablefish 
will be reduced from 6,000 lb (2,722 kg) to 3,000 lb (1,361 kg).

Limited Entry Trawl and Fixed Gear Limits for Splitnose Rockfish and 
Limited Entry Trawl and Fixed Gear and Open Access Limits for Minor 
Slope Rockfish Between 40 deg.10' N. lat. and 36 deg. N. lat.

    Splitnose rockfish and minor slope rockfish both co-occur with 
darkblotched rockfish, an overfished species, on the continental slope. 
In light of the new information for the darkblotched rockfish in the 
Monterey management area (between 40 deg.10' N. lat. and 36 deg. N. 
lat.) previously discussed, the Pacific Council recommended trip limit 
reductions for splitnose rockfish and minor slope rockfish as a 
precautionary measure to reduce possible incidental catch of 
darkblotched rockfish until further information is available at the 
June Pacific Council meeting.
    Trip limits for splitnose rockfish and minor slope rockfish remain 
unchanged south of 36 deg. N. lat. (south of the Monterey management 
area) because incidental catch of darkblotched rockfish has remained 
low in this area. In order to avoid excessive effort concentration on 
splitnose and minor slope rockfish from vessels moving south to the 
Conception management area (south of 36 deg. N. lat.) to access higher 
trip limits, this issue will also be revisited at the June Pacific 
Council meeting, when fish tickets become available, to identify 
reasonable thresholds for removals of splitnose and minor slope 
rockfish.
    To apply the reductions equally across sectors, splitnose rockfish 
limits will be reduced for limited entry trawl and fixed gear between 
40 deg.10' N. lat. and 36 deg. N. lat. from 25,000 lb (11,340 kg) per 2 
months to 5,000 lb (2,268 kg) per 2-month period from May-August. The 
open access limit for splitnose rockfish south of 40 deg.10' N. lat. 
remains 200 lb (91 kg) per month. Also for the May-August period, the 
limited entry trawl, limited entry fixed gear and open access limits 
for minor slope rockfish between 40o10' N. lat. and 36o N. lat. will 
each be reduced to 5,000 lb (2,268 kg) per 2-month period. Previously, 
minor slope rockfish limits for these sectors in the Monterey area were 
50,000 lb (22,680 kg) per 2-months for limited entry trawl, 25,000 lb 
(11,340 kg) per 2-months for limited entry fixed gear, and 10,000 lb 
(4,536 kg) per 2-months for open access.

Limited Entry Small Footrope Trawl Gear Limits for Chilipepper Rockfish 
South of 40 deg.10' N. lat.

    The best available information at the April Pacific Council meeting 
showed higher than projected landings in January-February for bocaccio, 
an overfished species that co-occurs with chilipepper rockfish. 
Estimated limited entry landings of bocaccio for January-February (the 
majority of which are from trawl gear) were 5 mt, above the projected 
catch of 1.3 mt. Although the January-February catch of bocaccio is 
higher than projected, the projected annual catch for 2002 (13.8 mt) 
was well below the 25 mt total catch harvest guideline for the limited 
entry fleet. Because fish ticket data are not yet available for the 
January-February period, it is not known what other species are being 
landed with bocaccio. However, previous examinations of rockfish 
compositions have shown that chilipepper rockfish is often landed along 
with bocaccio. Fish ticket data will be available and examined before 
the June Pacific Council meeting in San Francisco. If landings of 
bocaccio continue above the projected pace, further adjustments to 
harvest limits for bocaccio and co-occurring species will be 
recommended at that time.
    Limited entry trawl cumulative limits for bocaccio are scheduled to 
increase from 600 lb (272 kg) per 2-month period to 1,000 lb (454 kg) 
per 2 months from May-October. The Pacific Council considered reducing 
this scheduled increase, but felt it was necessary to allow the 
scheduled increase to accommodate interception of bocaccio in other 
trawl fisheries.
    Bocaccio is not a targeted species in limited entry trawl 
fisheries; thus, adjustments to target species that co-occur with 
bocaccio are the most effective way to minimize increased catch of 
bocaccio and bocaccio landings. NMFS expects that minimizing bocaccio 
interception in the coming years will be a continuing challenge as 
individuals from the robust 1999 year-class grow to a size that makes 
them available to the commercial fisheries. Thus, for the May-December 
period, the limited entry small footrope trawl limit for chilipepper 
rockfish south of 40 deg.10' N. lat. will be reduced from 7,500 lb 
(3,402 kg) per 2-month period to 4,000 lb (1,814 kg) per 2-month 
period.

[[Page 30607]]

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

    At its November 2001 meeting, the Pacific Council adopted a limited 
entry fixed gear trip limit for minor nearshore rockfish north of 
40 deg.10' N. lat. of 5,000 lb (2,268 kg) per month, no more than 2,000 
lb (907 kg) of which could be species other than black or blue 
rockfish. This was an oversight, as the nearshore rockfish limits in 
this fishery have commonly been managed as 2-month limits, not as 
monthly limits. The limited entry fixed gear limit for minor nearshore 
rockfish north of 40o10' should have been 5,000 lb (2,268 kg) per 2-
months, similar to the open access minor nearshore rockfish limit for 
that same area of 4,000 lb (1,814 kg) per 2 months.
    Landings in the nearshore rockfish fisheries north of 40 deg.10' N. 
lat. through March are well below 2001 levels (11 mt for 2002 as 
opposed to 45 mt in 2001). Even though the 2002 harvest guideline for 
this fishery is lower than in 2001 (324 mt versus 412 mt), the entire 
2001 landings were below the 2002 harvest guideline. As a result, the 
Pacific Council recommended increasing the open access trip limit and 
bringing the limited entry fixed gear trip limit in line with the open 
access trip limit beginning in May. These changes are expected to allow 
attainment of the nearshore harvest guidelines without allowing the 
fisheries to exceed these guidelines. The recommended limit is less 
than the limit for May-September last year, which was 7,000 lb (3,175 
kg) per 2 months. If 2002 participation in this fishery is similar to 
2001, this limit increase is not expected to result in early attainment 
of the minor nearshore rockfish OY.
    The limited entry fixed gear limits for minor nearshore rockfish 
north of 40 deg.10' N. lat. will be decreased from 5,000 lb (2,268 kg) 
per month, no more than 2,000 lb (907 kg) of which may be species other 
than black and blue rockfish for limited entry fixed gear. For the open 
access fishery for minor nearshore rockfish north of 40 deg.10' N. lat. 
the limits will be increased from 4,000 lb (1,814 kg) per 2 months, no 
more than 1,600 lb (726 kg) of which may be species other than black 
and blue rockfish. For the May-December period, both the limited entry 
and the open access limits for minor nearshore rockfish north of 
40 deg.10' N. lat. will be changed to 6,000 lb (2,722 kg) per 2 months, 
no more than 3,000 lb (1,361 kg) of which may be species other than 
black or blue rockfish.

Limited Entry Small Footrope/midwater Trawl Gear Sublimits for 
Yelloweye Rockfish in Minor Shelf Rockfish, Open Access Exempted Trawl 
Gear- No Retention of Yelloweye in the Pink Shrimp Fishery, 
Notification of Voluntary Closed Area

    Further restrictions on yelloweye rockfish are being implemented as 
a precautionary measure. The limited entry trawl fishery trip limit for 
minor shelf rockfish is scheduled to increase to 1,000 lb (454 kg) per 
month from May-October. Although limited entry trawl landings of 
yelloweye rockfish have been low since the implementation of the small 
footrope and/or midwater trawl gear requirement for minor shelf 
rockfish, a sublimit on yelloweye rockfish is necessary to remove any 
incentive to target yelloweye rockfish, as yelloweye is an overfished 
species, while still allowing for landings of incidental catch. 
Therefore, for the May-October period, a yelloweye sublimit will be 
added as follows: the limited entry small footrope/midwater trawl 
fishery for minor shelf rockfish will be 1,000 lb (454 kg) per month, 
no more than 300 lb (136 kg) of which may be yelloweye rockfish.
    This document adds a prohibition for the open access exempted trawl 
fishery for pink shrimp, on retention of yelloweye rockfish from May-
December.
    Further efforts to protect yelloweye rockfish in an area of high 
interception have been recommended by Washington Department of Fish and 
Wildlife. The majority of the fishing industry supports this voluntary 
closure and leaders of industry associations are working with their 
members to ensure voluntary avoidance of the area. For all commercial 
fisheries off Washington, including groundfish fisheries, a voluntary 
closure of a four-mile by seven-mile area adjacent to the halibut 
hotspot area is in place within a rectangle defined by the following 
coordinates: 48 deg.04' N. lat., 125 deg.11' W. long.; 48 deg.04' N. 
lat., 124 deg.59' W. long.; 48 deg.00' N. lat., 125 deg.11' W. long.; 
and 48 deg.00' N. lat., 124 deg.59' W. long.

Limited Entry Small Footrope/Midwater Trawl Gear Limits for Lingcod

    The January-February lingcod catch (estimated landings plus assumed 
discard) of 6 mt is slightly ahead of the projected amount of 4.8 mt. 
Although the January-February lingcod catch is slightly higher than 
projected, the projected annual catch is still on track with the 2002 
harvest guideline of 163 mt. In 2001, limited entry landings were 80 mt 
out of a 203 mt harvest guideline. Bycatch projections for the rest of 
the year also remain within the 2002 harvest guideline. In order to 
allow vessels to land unavoidable bycatch by the trawl fleet during 
summer continental shelf fisheries, the limited entry small footrope/
midwater trawl gear limit for lingcod will be increased. Lingcod are 
also less likely to survive being caught and discarded during the 
summer months because mortality increases with higher water and air 
temperatures. This trip limit increase is not intended to fully take 
the landed catch harvest guideline for this species, but to reduce 
discard mortality in a manner that will not encourage targeting or 
result in excessive catch. Furthermore, this change in retention 
allowance should not affect the level of projected bycatch that will 
occur in available target fisheries, only the amount of that bycatch 
that may be retained.
    For the May-October period, limited entry small footrope/midwater 
trawl gear limits for lingcod will be increased from 800 lbs (363 kg) 
per 2 months to 1,000 lb (454 kg) per 2 months. This increase is not 
expected to increase incidental interception of lingcod, but is 
expected to allow increased retention of dead lingcod.

Limited Entry Fixed Gear and Open Access Limits for Sablefish South of 
36 deg. N. lat.

    Because of the darkblotched rockfish closure in the Conception 
management area (south of 34 deg.27' N. lat.) during January-February, 
there was more participation than projected in the daily-trip-limit 
(DTL) fishery for sablefish south of 36 deg. N. lat. This concentration 
of effort produced landings of 47 mt (22.3 percent of the harvest 
guideline), an amount of landings that had not been achieved in 2001 
until May. While participation in the sablefish DTL fishery was higher 
than anticipated in January-February, the pace of the fishery slowed in 
March. However, another rockfish closure similar to the previous one in 
January-February is scheduled for November-December. If this rockfish 
closure shifts participation into the sablefish DTL fishery as it did 
in January-February, the sablefish DTL fishery may have to be closed 
due to early attainment of the OY. Because fishery participants wish to 
have an opportunity to land sablefish in the winter when rockfish 
fisheries will be closed in this area, the Pacific Council recommended 
reducing DTL sablefish limits in the Conception area.
    For the May-December period, the limited entry fixed gear and open 
access limits for sablefish south of 36 deg. N. lat. will be reduced 
from 350 lb per day

[[Page 30608]]

(159 kg per day), or 1 landing per week of up to 1,050 lbs (476 kg) to 
300 lb per day (136 kg per day), or 1 landing per week of up to 900 lbs 
(408 kg).

Open Access Limits for Yellowtail in the Salmon Troll Fishery North of 
40 deg.10' N. lat.

    In 2001, the Pacific Council's GMT analyzed the incidental catch of 
yellowtail and canary rockfish in the salmon troll fishery. Management 
measures aimed at protecting canary rockfish, an overfished species 
that is often caught in association with yellowtail rockfish, have 
reduced catch opportunity for yellowtail rockfish which is considered 
to be a healthy stock. However, the 2001 analysis indicated that the 
amount of canary rockfish taken with salmon troll gear was not highly 
correlated to the amount of yellowtail rockfish taken with salmon troll 
gear. Following these findings in 2001, the Pacific Council adopted, 
and NMFS implemented, the GMT's recommendation for a yellowtail 
incidental catch limit specific to the salmon troll fishery. The intent 
of this small trip limit was to help reduce discard in the salmon troll 
fishery, without providing an incentive to target yellowtail rockfish 
or to exacerbate the incidental catch of canary rockfish. The Pacific 
Council has recommended that NMFS reinstate this same incidental 
yellowtail retention trip limit for the remainder of 2002.
    For the May-December period, the general open access limit for 
yellowtail rockfish north of 40 deg.10' N. lat. continues to be 200 lb 
per month for combined minor shelf, widow and yellowtail rockfish. 
Participants in the salmon troll fishery in this area have a specific 
yellowtail rockfish limit of 1 lb (0.45 kg) of yellowtail rockfish per 
2 lb (0.91 kg) of salmon, up to 300 lb (136 kg) per month.

Retention of Incidental Halibut Catch in the Primary Sablefish Fishery

    The Pacific halibut CSP and implementing regulations at 50 CFR 
300.63(a)(3) provide for retention of halibut landed incidentally in 
the limited entry, longline primary sablefish fishery north of Pt. 
Chehalis, WA (46 deg.53'18" N. lat.) in years when the Area 2A TAC is 
above 900,000 lb (408.2 mt). The 2002 Area 2A TAC is 1,310,000 lb 
(594.2 mt).
    According to IPHC and Federal regulations, Pacific halibut may not 
be taken by gear other than hook-and-line gear. Only vessels registered 
for use with sablefish-endorsed limited entry permits may participate 
in the primary fixed gear sablefish fishery specified for halibut 
retention in the CSP. Vessels must also carry IPHC commercial halibut 
licenses in order to retain and land halibut. Incidental halibut 
retention in the primary sablefish fishery is only available to vessels 
operating north of Pt. Chehalis, WA (46 deg.53'18" N. lat.).
    Similar to 2001, retention of halibut caught incidentally to the 
primary sablefish fishery may be retained by appropriately licensed 
longline vessels. Beginning May 1, 2002, and continuing until the 
halibut quota (88,389 lbs or 40.1 mt) is taken: longliners 
participating in the primary sablefish fishery north of Pt. Chehalis, 
Washington with IPHC licenses may retain incidental halibut landings up 
to 150 lbs (68 kg) (dressed weight) of halibut for every 1,000 lbs (454 
kg) (dressed weight) of sablefish landed and up to two additional 
halibut in excess of the 150 lb (68 kg) per 1,000 lb (454 kg) ratio per 
landing. Halibut may not be on board a vessel that also has gear other 
than longline gear on board (e.g., pot or trawl gear).

Clarification on Limited Entry Small Footrope Trawl for Yellowtail 
Rockfish North of 40 deg.10' N. lat.

    The current limited entry small footrope trawl limit for yellowtail 
rockfish north of 40 deg.10' N. lat. reads, ''In landings without 
flatfish, 1,000 lb per month. As flatfish bycatch, per trip limit is 
the sum of 33 percent (by weight) of all flatfish except arrowtooth 
flounder, plus 10 percent (by weight) of arrowtooth flounder. Combined 
with and without flatfish, not to exceed 30,000 lb per 2 months.'' This 
means that any yellowtail rockfish landed in the same landing as 
flatfish is subject to the flatfish ratio. Yellowtail landed with 
flatfish in excess of that ratio is subject to applicable enforcement 
procedures. One thousand lbs (454 kg) of yellowtail may be landed per 
month in landings that do not include flatfish. In total, yellowtail 
landings with and without flatfish may not exceed 30,000 lb (13,608 kg) 
per 2 months.

Corrections

    The 2002 fishery specifications and management measures for the 
Pacific Coast groundfish FMP were published in the Federal Register on 
March 7, 2002 (67 FR 10490). The specifications and management measures 
contained an error that referred to regulations at 50 CFR part 663, 
rather than the correct reference to regulations at 50 CFR part 660. 
This is a minor editorial correction.

NMFS Actions

    For the reasons stated here, NMFS concurs with the Pacific 
Council's recommendations and hereby announces the following changes to 
the 2002 specifications and management measures (67 FR 10490 March 7, 
2002, as amended at 67 FR 15338 April 1, 2002) to read as follows:
    1. On page 10516, in section IV, under B. Limited Entry Fishery, at 
the end of paragraph (1), Tables 3 and 4 are revised to read as 
follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (1) * * *
BILLING CODE 3510-22-S

[[Page 30609]]

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[[Page 30610]]


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[[Page 30611]]


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BILLING CODE 3610-22-C

[[Page 30612]]

    * * * * *
    2. On page 10519, first column, paragraph (b), line 9, correct the 
citation to read, ``(See 50 CFR 660.323(a)(2)(i))''.
    3. On page 10519, at the beginning of column 2, add paragraph 
B(2)(b)(i)(A) to read as follows:
    (2) * * *
    (b) * * *
    (i) * * *
    (A) Incidental halibut retention north of Pt. Chehalis, WA 
(46 deg.53'18" N. lat). Vessels authorized to participate in the 
primary sablefish fishery, licensed by the International Pacific 
Halibut Commission for commercial fishing in Area 2A (waters off 
Washington, Oregon, California), and fishing with longline gear north 
of Pt. Chehalis, WA (46 deg.53'18" N. lat.) may land up to the 
following cumulative limits: 150 lb (68 kg) dressed weight of halibut 
per 1,000 lb (454 kg) dressed weight of sablefish, plus up to two 
additional halibut per fishing trip. ``Dressed'' halibut in this area 
means halibut landed eviscerated with their heads on. Halibut taken in 
the primary sablefish fishery north of Pt. Chehalis may only be landed 
north of Pt. Chehalis and may not be landed south of Pt. Chehalis.
    4. On page 10519, under C. Trip Limits in the Open Access Fishery, 
after paragraph (1), Table 5 is revised to read as follows:

C. Trip Limits in the Open Access Fishery

    (1) * * *
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    5. On page 10521, second column, under section C(3)(a), add 
paragraph (a)(v) to read as follows:
    (v) Yelloweye rockfish-Closed (Retention prohibited)
    * * * * *
    6. On page 10521, third column, after paragraph (d), add C(4) to 
read as follows:
    * * * * *
    (4) Groundfish taken with troll gear by vessels engaged in fishing 
for salmon north of 40 deg.10' N. lat.
    (a) In any trip in which salmon troll gear, as defined at 50 CFR 
660.402, is used to take and land yellowtail rockfish north of 
40 deg.10' N. lat., the following cumulative limit applies: no more 
than 1 lb (0.45 kg) of yellowtail rockfish may be landed for every 2 
lbs (0.91 kg) of salmon landed, and no more than 300 lbs (136 kg) of 
yellowtail rockfish may be landed per month.
    (b) The trip limits in Table 5 apply to all other groundfish taken 
with troll gear by vessels fishing for salmon.
    * * * * *

Classification

    These actions are authorized by the Pacific Coast groundfish FMP, 
the Halibut Act, and their implementing regulations, and are based on 
the most recent data available. The aggregate data upon which these 
actions are based are available for public inspection at the Office of 
the Administrator, Northwest Region, NMFS (see ADDRESSES) during 
business hours.
    The Assistant Administrator for Fisheries, NMFS, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public 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 the cumulative trip 
limit period for the Pacific Coast groundfish fishery begins May 1, 
2002, and affording prior notice and opportunity for public comment 
would impede the agency's function of managing fisheries to achieve OY. 
Most of the trip limits adjustments in this document are reductions 
from the status quo. Decreases to trip limits must be implemented in a 
timely manner to protect overfished and depleted groundfish species and 
to prevent the harvest of healthy stocks from exceeding the OY for 
2002. Because the Pacific Coast groundfish fishery is managed by trip 
limits, most of which are based on a 2- month cumulative period 
(January-February, March-April, May-June, July-August, September-
October, November-December), these actions should be implemented by the 
beginning of the next cumulative trip limit period (May 1, 2002) to 
prevent fishers from harvesting the prior higher trip limits during 
that period before the new limit goes into place. Allowing fishers to 
continue harvesting the prior higher trip limits after the start of the 
cumulative trip limit period may cause premature fishery closures or 
more severe trip limit reductions in the future. For a few species, the 
trip limit adjustment is an increase. Increases to trip limits in this 
inseason action allow fishers to access groundfish allocations without 
exceeding the OY for those species or the OYs of overfished or depleted 
stocks and delaying the increase could prevent the industry from 
obtaining the intended benefit. In addition, the affected public had 
the opportunity to comment on these actions at the April 8-12, 2002, 
Pacific 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)(3).
    These actions are taken under the authority of 50 CFR 300.63(a)(3) 
and 660.323(b)(1), and are exempt from review under Executive Order 
12866.

    Authority: 16 U.S.C. 773-773k; 1801 et seq.

    Dated: May 1, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-11218 Filed 5-2-02; 12:49 pm]
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