[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Rules and Regulations]
[Pages 44778-44786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16811]



[[Page 44778]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 660

[Docket No. 011231309-2090-03; I.D. 062702C]


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

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

ACTION: Inseason trip limit adjustments and closures; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces changes in the following trip limits for the 
Pacific Coast groundfish fisheries: limited entry groundfish trawl gear 
fisheries north of 40 deg.10' N. lat. and limited entry fixed gear, 
open access, and recreational fisheries south of 40 deg.10' N. lat. 
These actions, which are authorized by the Pacific Coast Groundfish 
Fishery Management Plan (FMP), are intended to prevent the fisheries 
from exceeding optimum yield (OY) and to protect the overfished species 
of darkblotched and bocaccio rockfish.

DATES: Changes to management measures are effective 0001 hours (local 
time) July 1, 2002, through the effective dates of the 2003 
specifications and management measures for the Pacific Coast groundfish 
fishery, unless modified, superseded, or rescinded, by a subsequent 
rule which will be published in the Federal Register. Comments on this 
rule will be accepted through July 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: Carrie Nordeen 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 
final rule was subsequently amended at 67 FR 15338, April 1, 2002, at 
67 FR 18117, April 15, 2002, at 67 FR 30604, May 7, 2002, and at 67 FR 
40870, June 14, 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 June 18-21, 2002, meeting in Foster City, CA. 
Pacific Coast groundfish landings will be monitored throughout the 
year, and further adjustments will be made as necessary to allow 
achievement of or avoid exceeding the 2002 OYs and allocations.

Management Measures North of 40 deg.10' N. lat.

    Darkblotched rockfish, an overfished species, are typically 
encountered along the central Pacific Coast (Oregon and northern 
California)and occur at depths between 180 m and 360 m along the 
continental slope. Both adult and juvenile darkblotched rockfish are 
associated with mud and rock habitats. Adults move to deeper water as 
they increase in size and age; they are typically observed resting on 
mud, near cobble and boulders and do not often rise above the ocean 
floor.
    Darkblotched rockfish are harvested by several sectors of the 
groundfish fishery and have experienced higher than expected landing 
during the first four months of 2002. Due to its overfished status, 
darkblotched rockfish is not managed as a targeted species in the 2002 
Pacific Coast groundfish fishery. However, it is known to co-occur with 
several groundfish species that are directly targeted by the fishery. 
For example, Dover sole and petrale sole seasonally occupy areas and 
depths where darkblotched rockfish are found. This leads to an 
increased catch of darkblotched rockfish when Dover sole and petrale 
sole are targeted during this time. In order to allow the darkblotched 
rockfish stock to rebuild, inseason adjustments for target species that 
co-occur with darkblotched rockfish are necessary to minimize both the 
catch of darkblotched rockfish.
    Management measures in 2002, which were intended to keep the 
darkblotched rockfish catch within its OY, include small cumulative 
trip limits of darkblotched rockfish that accommodate incidental catch 
but discourage targeting them. In addition, the 2002 management 
measures constrain northern DTS (Dover sole, thornyhead, sablefish) 
trawl fisheries during the November-December period to reduce the 
incidental catch of darkblotched rockfish. The management measures also 
constrain flatfish fisheries limits during the summer months when 
participation in the fishery is greatest and darkblotched rockfish are 
most likely to be encountered. Lower sablefish and Dover sole OYs are 
also expected to reduce the incidental take of darkblotched rockfish. 
On May 1, 2002, further action was taken by NMFS to reduce minor slope 
rockfish trip limits between 40 deg.10' N. lat. and 36 deg. N. lat. for 
both the trawl and fixed gear limited entry fleets. This action was 
necessary as it reduced the catch of darkblotched rockfish while 
landings data were verified to determine if darkblotched rockfish were 
landed south of 40o10' N. lat during 2001.
    For the 2002 specifications and management measures, NMFS 
introduced a new bycatch model for estimating rates that certain 
overfished species, including darkblotched rockfish, co-occur with 
healthier stocks that fishers specifically target. For the purpose of 
the bycatch model,``bycatch'' is the term used to describe a species 
other than the target species, regardless of whether or not it was 
retained (landed, sold, or otherwise used) or discarded. Co-occurrence 
rates for darkblotched rockfish (the proportion of darkblotched 
rockfish in relation to the target species) used in the bycatch model 
were in part based on landings data reported on fish tickets. Upon re-
evaluation of fish ticket data it was determined that the darkblotched 
rockfish landings from waters between 40 deg.10' N. lat. and 36 deg. N. 
lat. (Monterey management area) were not incorporated into the initial 
bycatch model. As a result, catch projections for darkblotched rockfish 
based on the initial model were lower than what may have actually 
occurred in the target

[[Page 44779]]

fisheries in the Monterey area. Because of this new information, 
significant landings of darkblotched rockfish were projected south of 
40 deg.10' N. lat. during the first six months of 2002. Therefore, NMFS 
promulgated measures to reduce darkblotched rockfish landings on May 1, 
2002, and this approach reduced darkblotched rockfish landings south of 
40 deg.10' N. lat. NMFS and the Pacific Council manage the coastwide 
groundfish 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.
    At the June Pacific Council meeting, the best available science 
indicated that landings of darkblotched rockfish in 2002 were greater 
than projected. Coastwide commercial landings through June 8, 2002 were 
between 73 mt and 98 mt which represents 56 percent to 75 percent of 
the darkblotched rockfish landed catch OY (not including catch in the 
at-sea whiting sector). As of June 8, 2002, approximately 30 mt were 
landed south of 40 deg.10' N. lat. Due to the magnitude of catches 
earlier in the year combined with projected darkblotched rockfish 
bycatch from the area north of 40 deg.10' N. lat., and landings and 
estimated discards from the area south of 40 deg.10' N. lat., the 
projected year-end catch of darkblotched rockfish, under the current 
trip limit schedule, would exceed the rebuilding OY of 168 mt by 
approximately 35-40 mt.
    In order to prevent the commercial fleet from exceeding the 
darkblotched rockfish OY, the Pacific Council recommended the following 
management measures: a small footrope requirement, changes to trip 
limits, and area closures. These management measures are designed to 
limit the darkblotched rockfish catch to 160 mt, which is within the 
2002 darkblotched rockfish OY of 168 mt.

Limited Entry Trawl Small Footrope Requirement North of 40 deg.10' N. 
lat.

    Due to concern about the incidental catch of darkblotched rockfish 
in the limited entry trawl fishery, the Pacific Council recommended 
eliminating the large footrope bottom trawl option for the remainder of 
the year. Beginning July 1, all vessels using bottom trawl gear must 
use a small footrope bottom trawl in order to reduce the incidental 
harvest of darkblotched rockfish. This small footrope bottom trawl 
requirement is expected to discourage fishing effort in the rocky 
habitat which darkblotched rockfish are believed to inhabit, thereby, 
reducing the interception of darkblotched rockfish, while allowing 
bottom trawl fisheries to continue through August.

Limited Entry Trawl and Limited Entry Fixed Gear Limits for Pacific 
Ocean Perch (POP) North of 40 deg.10' N. lat.

    Much like darkblotched rockfish, POP are found in waters along the 
edge of the continental shelf, as well as in the waters of the upper 
continental slope. Because darkblotched rockfish and POP are both found 
along the shelf and associated with the ocean floor, darkblotched 
rockfish are taken as bycatch in the slope rockfish fishery along with 
POP.
    In an effort to discourage targeting on POP but to allow for the 
incidental catch of POP in other slope fisheries, the Pacific Council 
recommended reducing trip limits for POP. Beginning July 1, the limited 
entry trawl and limited entry fixed gear limits for POP north of 
40 deg.10' N. lat. will be reduced from 4,000 lb (1,814 kg) per month 
to 4,000 lb (1,814 kg) per 2 months. This reduction in POP trip limits 
is part of the Pacific Council's efforts to reduce the harvest of 
deepwater species so as to decrease the likelihood that darkblotched 
rockfish will be taken in fisheries targeting other deepwater species.

Limited Entry Bottom Trawl Closure North of 40 deg.10' N. lat.

    Implementing a small footrope requirement in the limited entry 
trawl fishery and reducing the cumulative limit of POP, as described 
above, is expected to aid in reducing the interception of darkblotched 
rockfish. However, these measures alone may not be adequate to keep the 
2002 darkblotched rockfish catch within its 168 mt OY, as the projected 
catch of darkblotched rockfish is still expected to be approximately 
160 mt by the end of August. As a further precautionary measure to keep 
darkblotched rockfish within the 2002 OY and allow rebuilding of the 
stock, beginning September 1, it will be prohibited to prosecute any 
groundfish fishery north of 40o10' N. lat. with bottom trawl gear 
(small or large footrope).
    The Pacific Council held a prolonged debate weighing the need to 
close fisheries in which darkblotched rockfish are taken incidentally 
versus the economic difficulties that would be felt in fishing 
communities that depend on groundfish income. In particular, the 
Pacific Council and the public were frustrated that the current 
management measure process does not allow fisheries for healthy stocks 
to occur in areas where darkblotched rockfish are not commonly found. 
Under the FMP, new groundfish management measures, including area 
restrictions, must be considered in a two-meeting process before 
implementation. New types of management measures are usually introduced 
in the two-meeting process used to develop annual specifications and 
management measures.
    When reviewing 2002 landings data and historical survey data for 
darkblotched rockfish, the Pacific Council found that deepwater 
fisheries where the incidental take of darkblotched rockfish occurs 
tend to be prosecuted inshore of the 200 fathom depth contour. DTS 
species tend to be available to vessels operating offshore of 200 
fathoms, particularly during the fall and winter months. Because of the 
FMP's process requirements for introducing new management measures, the 
Pacific Council understood that they could not craft new depth-based 
fishery restrictions through the usual specifications and management 
measures for a July 1 implementation. Using the two-meeting process, 
depth-based restrictions allowing the harvest of healthy stocks 
offshore of areas where darkblotched rockfish typically occur would 
likely not be in place until October 1, 2002, following the June and 
September Pacific Council meetings. To expedite fisheries access to 
deepwater stocks, the Pacific Council has requested NOAA consider 
depth-based restrictions beginning September 1, 2002, via an emergency 
rule. If NOAA determines that an emergency rule is necessary and 
appropriate, NMFS will announce the action in the Federal Register.

Management Measures South of 40 deg.10' N. lat.

    Another overfished rockfish species, with higher than projected 
landings for the first half of 2002, is bocaccio rockfish. Bocaccio are 
widespread throughout central and southern California. Larvae can be 
found far from shore in the upper 10 m of the water column, juveniles 
often occur in shallow, nearshore waters, and adults move into deeper 
water (depths ranging from 50 - 300 m) along the continental shelf as 
they age. Because bocaccio are found in a broad range of depths and 
habitats throughout their life cycle, bocaccio are frequently 
intercepted in Pacific Coast groundfish fisheries.
    In order to allow the bocaccio stock to rebuild, precautionary 
management measures have been in place for bocaccio and those species 
that co-occur with bocaccio. In 2002, bottom trawl opportunities for 
shelf rockfish have been extremely limited, no landings of bocaccio 
rockfish are allowed with large footrope trawl gear, and small amounts 
of bocaccio, an unavoidable bycatch,

[[Page 44780]]

taken with small footrope or midwater trawl gear were allowed to be 
landed in fisheries for healthy stocks. The chilipepper rockfish OY 
continues to be reduced to limit the incidental take of bocaccio. 
Additionally, California hook-and-line commercial fisheries have been 
closed during the same periods and in the same areas as the 
recreational fisheries and California maintained a rockfish bag limit 
of 10 fish, no more than 2 of which may be bocaccio rockfish.
    As of June 8, 2002, the commercial landings of bocaccio rockfish 
were 21 mt, which represents 57 percent of the commercial harvest 
guideline. Although the commercial harvest is slightly higher than 
projected preseason, the estimated landings of bocaccio in the 
recreational fishery is of much greater concern. Recreational data 
estimates for the January - April period indicated that approximately 
60 mt of bocaccio were taken. This estimated catch exceeds the 2002 
recreational harvest guideline of 56 mt. By the end of June, the 
projected catch in the commercial and recreational fisheries combined 
may exceed the rebuilding OY of 100 mt and could approach or exceed the 
ABC of 122 mt. In order to allow the bocaccio stock to rebuild and 
prevent overfishing from occurring, the Pacific Council recommended 
that NMFS take the following actions to limit the harvest of bocaccio 
and co-occurring species.

Limited Entry Trawl and Exempted Open Access Trawl Limits for 
Groundfish (With the Exception of DTS, Minor Slope Rockfish, and Rex, 
Petrale, and English Sole Landed with DTS) South of 40 deg.10' N. lat.

    Beginning July 1, the Pacific Council recommended that NMFS 
prohibit limited entry vessels from using trawl gear be prohibited 
south of 40 deg.10' N. lat. for all groundfish species except the 
deepwater DTS complex and minor slope rockfish.
    In keeping with these measures, the amount of groundfish retention 
by vessels using exempted gear is also of concern. Typically only a few 
metric tons of bocaccio are taken with exempted gear. However, since 
the fleet is likely to harvest the bocaccio OY by the end of June, the 
Pacific Council recommended that NMFS prohibit the retention of 
groundfish in exempted trawl fisheries. Therefore, beginning July 1, it 
is prohibited to take and retain, possess, or land groundfish with 
exempted trawl gear south of 40 deg.10' N. lat.

Sablefish Minimum Size Requirements and Cumulative Limits for All 
Groundfish Fisheries South of 40 deg.10' N. lat.

    In an effort to reduce fishing effort on the continental shelf 
where bocaccio are found and move vessels into deeper waters off the 
slope, the Pacific Council recommended reinstating the minimum 22 inch 
(56 cm) size requirement for sablefish taken with nontrawl gear and a 
reduced trip limit for sablefish under the 22 inch (56 cm) requirement 
taken with trawl gear. Larger sablefish tend to be found at greater 
depths, thus, prohibiting retention of small sablefish in the nontrawl 
fisheries and reducing the trip limit in the limited entry trawl 
fishery is expected to force vessels into deeper water when targeting 
sablefish. In the trawl fishery south of 40o10'N. lat., the currently 
scheduled cumulative sablefish limit of 3,000 lb (1,361 kg) per 2 
months will remain in effect, with a per trip restriction of no more 
than 500 lb (227 kg) of sablefish smaller than 22 inches (56 cm). To 
encourage the non-trawl fisheries to also operate in deeper waters, 
currently scheduled limits will apply, but retention of sablefish 
smaller than 22 inches (56 cm) will be prohibited.

Limited Entry Fixed Gear, All Open Access Gears, and Recreational 
Limits for Groundfish Fisheries (With the Exception of Primary 
Sablefish and Slope Rockfish) South 40 deg.10' N. lat.

    Because of the projected catch of bocaccio combined with bocaccio's 
depth distribution and widespread co-occurrence with other groundfish 
species, the catch of bocaccio by limited entry fixed gear and open 
access fisheries is of concern. Therefore, the Pacific Council 
recommended that, beginning July 1, outside of 20 fathoms (36.9 m) it 
will prohibited to take and retain, possess, or land all groundfish 
species (with the exception of sablefish and slope rockfish) with fixed 
gear south of 40 deg.10' N. lat. In addition, beginning July 1, inside 
of 20 fm (36.9 m) it will be prohibited to take and retain, possess, or 
land minor shelf rockfish, bocaccio, and chilipepper rockfish south of 
40 deg.10' N. lat. These inshore closures for shelf rockfish species 
are needed to further reduce bocaccio catch.
    Because the estimated amount of bocaccio catch in the recreational 
fishery has been so high during the first few months of 2002, the 
Pacific Council also recommended a closure outside of 20 fm (36.9 m) in 
the recreational fishery. Therefore, beginning July 1, it is prohibited 
to take and retain, possess, or land rockfish and lingcod with 
recreational gear outside of 20 fathom (36.9 m) south of 40 deg.10' N. 
lat. In keeping with these management measures, the state of California 
will implement similar regulations effective by July 1, 2002.

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

    The best available information indicates that landings of minor 
slope rockfish by limited entry and open access fisheries has been 
approximately 17 percent of the harvest guideline. The minor slope 
rockfish fisheries will continue at their currently scheduled trip 
limits for the July-August cumulative period to allow access to healthy 
minor slope rockfish stocks during summer months. However, in keeping 
with other management measures to reduce the catch of bocaccio and to 
ensure that trip limit reductions are distributed among the groundfish 
fleet, the Pacific Council recommended a reduction in trip limits for 
minor slope rockfish starting September 1, 2002. Therefore, minor slope 
rockfish limits between 40 deg.10' N. lat. and 36 deg. N. lat. will be 
as follows: the limited entry trawl limit will be reduced from 50,000 
lb (22,680 kg) per 2 months to 1,800 lb (816 kg) per 2 months; the 
limited entry fixed gear limit will be reduced from 25,000 lb (11,340 
kg) per 2 months to 1,800 lb (816 kg) per 2 months; and the open access 
limit will be reduced from 10,000 lb (4,536 kg) per 2 months to 1,800 
lb (816 kg) per 2 months.
    2002 landings of splitnose rockfish during the first six months of 
2002 have been approximately 29 mt or 7 percent of the landed catch OY. 
Because the Pacific Council is concerned about the economic impacts 
associated with the July 2002 inseason management measures, attempts to 
allow harvesting of healthy groundfish stocks are allowed when 
possible. Beginning September 1, retention of splitnose rockfish 
between 40 deg.10' N. lat. and 36 deg. N. lat. will be restricted to 
1,800 lb (816 kg) per 2 months for limited entry trawl, limited entry 
fixed gear, and open access.

Limited Entry Trawl and Limited Entry Fixed Gear Limits for Minor Slope 
Rockfish and Splitnose Rockfish South of 36 deg. N. lat.

    For reasons described above, cumulative limited entry trawl and 
limited entry fixed gear limits for minor slope and splitnose rockfish 
are being adjusted for September - December.

[[Page 44781]]

 Beginning September 1, limited entry limits for minor slope rockfish 
south of 36 deg. N. lat. will be reduced as follows: the trawl limit 
will be reduced from 50,000 lb (22,680 kg) per 2 months to 15,000 lb 
(816 kg) per 2 months and the fixed gear limit will be reduced from 
25,000 lb (11,340 kg) per 2 months to 15,000 lb (6,804 kg) per 2 
months. Beginning September 1, limited entry limits for splitnose 
rockfish south of 36 deg. N. lat. will be reduced as follows: the trawl 
limit will be reduced from 25,000 lb (11,340 kg) per 2 months to 15,000 
lb (6,804 kg) per 2 months and the fixed gear limit will be reduced 
from 25,000 lb (11,340 kg) per 2 months to 15,000 lb (6,804 kg) per 2 
months.

Limited Entry Trawl Limits for Rex Sole, Petrale, Sole, English Sole, 
Arrowtooth Flounder, and Other Flatfish South of 40 deg.10' N. lat.

    To allow for retention of incidentally caught healthy flatfish 
stocks, the Pacific Council recommended an incidental catch allowance 
of rex sole, petrale sole, English sole, and arrowtooth flounder, 
beginning July 1, provided these fish are harvested and landed with the 
DTS complex. Therefore, beginning July 1, limited entry trawl flatfish 
limits for rex sole, petrale sole, English sole, and arrowtooth 
flounder, south of 40 deg.10' N. lat. will be 1,000 lb (454 kg) per 
trip if landed with DTS species. Flatfish landings must not exceed 
landing of DTS and flatfish other than the four species cannot be 
retained as of July 1, 2002.
    As discussed previously, the Pacific Council recommended that depth 
restrictions be incorporated in the Pacific Council's suite of 
management options in an effort to minimize the economic impact of 
groundfish management measures on the Pacific Coast fishing industry. 
Depth restrictions would help shift fishing effort to areas and depths 
where overfished groundfish species are less likely to be encountered. 
This type of management measure should decrease the interception and 
landings of overfished species while allowing the harvest of healthy 
groundfish stocks. These depth restrictions are a new type of 
management measure and need to be implemented via emergency rule. 
Because of the required timeline for an emergency rule, depth 
restrictions are not expected to be implemented before September 1, 
2002.
    At the September 9-13, 2002, Pacific Council meeting in Portland, 
Oregon, additional groundfish landing data will be available. The 
projected catch of both darkblotched rockfish and bocaccio will be re-
assessed at this time. Based on this updated information, groundfish 
management measures for the remainder of 2002 will be adjusted 
accordingly. Additionally, the Pacific Council's Groundfish Management 
Team (GMT) is scheduled to meet in early August. If the GMT projects 
that the darkblotched rockfish OY will be reached prior to the Pacific 
Council's September meeting, a recommendation will be made to NMFS that 
it should restrict the fishery to eliminate the catch of darkblotched 
rockfish.

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, 67 FR 18117 April 15, 
2002, 67 FR 30604 May 1, 2002, 67 FR 40870 June 14, 2002) to read as 
follows:
    1. On page 10511, in column 1, in section IV. under A. General 
Definitions and Provisions,, paragraph (d) is revised to read as 
follows:
* * * * *
    (d) Sablefish size and weight limit conversions. The following 
conversions apply to both the limited entry and open access fisheries 
when size and trip limits are effective for those fisheries. For headed 
and gutted (eviscerated) sablefish:
    (i) The minimum size limit for headed sablefish, which corresponds 
to 22 inches (56 cm) TL for whole fish, is 15.5 inches (39 cm).
    (ii) The conversion factor established by the state where the fish 
is or will be landed will be used to convert the processed weight to 
round weight for purposes of applying the trip limit. (The conversion 
factor currently is 1.6 in Washington, Oregon, and California. However, 
the state conversion factors may differ: fisher should contact fishery 
enforcement officials in the state where the fish will be landed to 
determine that state's official conversion factor.)
* * * * *
    2. On page 10513, in column 1, in section IV. under A. General 
Definitions and Provisions, paragraph (14(b)(iv) is revised to read as 
follows:
* * * * *
    (iv) More than one type of trawl gear on board. The cumulative trip 
limits in Table 3 must not be exceeded. When fishing in areas where the 
use of a particular type of trawl gear [Example: large footrope gear] 
is prohibited, a fisher may not have more than one gear type on board. 
When fishing in areas where trawling is not restricted, a fisher may 
have more than one type of trawl gear on board, but the most 
restrictive trip limit associated with the gear on board applies for 
that trip and will count toward the cumulative trip limit for that 
gear. [Example: If a vessel has large footrope gear on board, it cannot 
land yellowtail rockfish, even if the yellowtail rockfish is caught 
with a small footrope trawl. If a vessel has both small footrope trawl 
and midwater trawl gear on board, the landing is attributed to the most 
restrictive gear-specific limit, regardless of which gear type was 
used.
* * * * *
    3. On page 10517, 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 44782]]

[GRAPHIC] [TIFF OMITTED] TR05JY02.000


[[Page 44783]]


[GRAPHIC] [TIFF OMITTED] TR05JY02.001


[[Page 44784]]


[GRAPHIC] [TIFF OMITTED] TR05JY02.002

* * * * *
    4. On page 10519 in section IV., under C. Trip Limits in the Open 
Access Fishery, at the end after paragraph (1), Table 5 is revised to 
read as follows:

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery

    (1) * * *

[[Page 44785]]

[GRAPHIC] [TIFF OMITTED] TR05JY02.003

BILLING CODE 3510-22-C

[[Page 44786]]

    5. On page 10521, in section IV., under C. Trip Limits in the Open 
Access Fishery, paragraph (2)(a) is revised to read as follows:
* * * * *
    (i) (a) Trip limits. Beginning July 1, it is prohibited to take and 
retain, possess, or land any groundfish species with exempted trawl 
gear south of 40 deg.10' N. lat. The trip limit is 300 lb (136 kg) of 
groundfish per fishing trip north of 40 deg.10' N. lat. North of 
40 deg.10' N. lat, limits in Table 5 also apply and are counted toward 
the 300 lb (136 kg) groundfish limit. In any landing by a vessel 
engaged in fishing for spot and ridgeback prawns, California halibut, 
or sea cucumbers with exempted trawl gear, the amount of groundfish 
landed may not exceed the amount of the target species landed, except 
that the amount of spiny dogfish (Squalas acanthias) landed may exceed 
the amount of target species landed. Spiny dogfish are limited by the 
300 lb (136 kg) per trip overall groundfish limit. The daily trip 
limits for sablefish north of 40 deg.10' N. lat. may not be multiplied 
by the number of days of the fishing trip. The closures listed in table 
5 also apply.
* * * * *
    6. On page 10521, in column 3, in Section IV., under D. 
Recreational Fishery, paragraph (1)(9)(ii) is revised and on page 
10522, in columns 1 and 2, under D. Recreational Fishery, paragraph 
(1)(a)(iii) is revised and paragraph (1)(b)(ii) is revised to read as 
follows:
* * * * *
    (ii) Seasons. North of 40 deg.10' N. lat., recreational fishing for 
rockfish is open from January 1 through December 31. South of 
40 deg.10' N. lat. and north of Point Conception (34 deg. 27' N. lat.), 
recreational fishing for rockfish is closed from March 1 through April 
30, and from November 1 through December 31. This area is also closed 
to recreational rockfish fishing from May 1 through October 31, except 
that fishing for rockfish is permitted inside the 20 fm (37 m) depth 
contour, subject to the bag limits in paragraph (iii) of this section, 
except that bocaccio, canary rockfish and yelloweye rockfish retention 
is prohibited. South of Point Conception (34 deg.27' N. lat.), 
recreational fishing for rockfish is closed from January 1 through 
February 28 and from November 1 through December 31. This area is also 
closed to recreational rockfish fishing from July 1 through October 31, 
except that fishing for rockfish is permitted inside the 20 fm (37 m) 
depth contour, subject to bag limits in paragraph (iii) of this 
section, except that bocaccio, canary rockfish and yelloweye rockfish 
retention is prohibited. Recreational fishing for cowcod is prohibited 
all year in all areas.
    (iii) Bag limits. boat limits, hook limits. In times and areas when 
the recreational season for rockfish 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, no more than 1 may be canary rockfish, and 
no more than 1 may be yelloweye rockfish. No more than 2 yelloweye 
rockfish may be retained per vessel. Cowcod may not be retained. 
Bocaccio, canary rockfish, and yelloweye rockfish may not be retained, 
and no more than 2 shelf rockfish may be retained, in the area between 
40 deg.10' N. lat. and Point Conception (34 deg.27' N. lat.) from May 1 
through June 30, or in the area south of 40 deg.10' N. lat. from July 1 
through October 31. (Note: California scorpionfish, 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.
* * * * *
    (ii) Seasons. North of 40 deg.10' N. lat., recreational fishing for 
lingcod is open from January 1 through December 31. 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 April 
30, and from November 1 through December 31. This area is also closed 
to recreational lingcod fishing from May 1 through October 31, except 
that fishing for lingcod is permitted inside the 20 fm (36.9 m) depth 
contour, subject to the bag limits in paragraph (iii) of this section. 
South of Point Conception (34 deg. 27' N. lat.), recreational fishing 
for lingcod is closed from January 1 through February 28 and from 
November 1 through December 31. This area is also closed to 
recreational lingcod fishing from May 1 through October 31, except that 
fishing for lingcod is permitted inside the 20 fm (36.9 m) depth 
contour, subject to the bag limits in paragraph (iii) of this section.
* * * * *

Classification

    These actions are authorized by the Pacific Coast groundfish FMP 
and its 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 July 1, 
2002, and affording prior notice and opportunity for public comment 
would impede the agency's function of managing fisheries to remain 
within the OY. Delaying implementation of these closures and trip limit 
reductions past July 1, 2002, may cause the catch of darkblotched 
rockfish to exceed its OY and may cause the catch of bocaccio rockfish 
to further exceed its OY and approach or exceed its ABC. Most of the 
trip limits adjustments in this document are reductions from the status 
quo. Decreases to trip limits and closures 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 (July 1, 2002). 
Delaying implementation of these closures and trip limit changes would 
allow fishers to harvest the higher trip limits that were previously 
scheduled for the July-August cumulative period. Allowing fishers to 
continue harvesting these higher trip limits or harvesting in an open 
fishery after the start of the cumulative trip limit period may cause 
the fisheries to exceed OYs for protected rockfish 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 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: June 28, 2002.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-16811 Filed 7-1-02; 10:17 am]
BILLING CODE 3510-22-S