[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Rules and Regulations]
[Pages 50835-50839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19809]


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DEPARTMENT OF COMMERCE

National Oceanic and Atomospheric Administration

50 CFR Part 660

[Docket No. 011231309-2090-03; I.D. 072902E]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Removal of the Sablefish Size Limit 
South of 36 deg. N. Latitude for Limited Entry Fixed Gear and Open 
Access Fisheries

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

ACTION: Inseason sablefish size limit adjustment; request for comments.

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SUMMARY: NMFS announces removal of the sablefish size limit south of 
36 deg. N. latitude (lat.) for limited entry fixed gear and open access 
Pacific Coast groundfish fisheries. This action, which is authorized by 
the Pacific Coast Groundfish Fishery Management Plan (FMP), is intended 
to help the fisheries achieve optimum yield (OY) while protecting 
overfished and depleted stocks.

DATES: Changes to management measures are effective 0001 hours (local 
time) August 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fishery, unless modified, superseded, or rescinded, which will be 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 action will be 
accepted through August 21, 2002.

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

SUPPLEMENTARY INFORMATION: 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 - 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; 67 FR 18117, April 15, 2002; 67 FR 30604, May 7, 2002; 67 FR 
40870, June 14, 2002; 67 FR 44778, July 5, 2002; and 67 FR 48571, July 
25, 2002.
    The July inseason trip limit adjustments (67 FR 44778, July 5, 
2002) to the groundfish management measures were recommended by the 
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 and subsequently corrected by 67 FR 48571, July 25, 
2002. The July trip limit adjustments were made to slow the catch of 
overfished species, particularly darkblotched and bocaccio rockfish. By 
the end of June the projected bocaccio rockfish catch in the commercial 
and recreational fisheries combined may have exceeded the rebuilding OY 
of 100 mt and could approach or exceed the acceptable biological catch 
of 122 mt. In order to reduce fishing effort on the continental shelf 
where bocaccio are found and move vessels into deeper waters off the 
slope, the Council recommended reinstating the minimum 22-inch (56-cm) 
size requirement for sablefish taken with non-trawl (fixed) gear and a 
reduced trip limit for sablefish under the 22-inch (56-cm)requirement 
taken with trawl gear. Adult sablefish tend to be found at greater 
depths (109 to 547 fathoms), while bocaccio tend to be found at 
shallower depths (27 to 137 fathoms). Prohibiting retention of small 
sablefish in the non-trawl fisheries and reducing the trip limit for 
small sablefish in the limited entry trawl fishery is expected to force 
vessels into deeper water when targeting sablefish, thereby reducing 
opportunities for fishermen targeting sablefish to intercept bocaccio. 
Therefore, in the trawl fishery south of 40 deg. 10' N. lat., the July 
trip limit changes kept the currently scheduled cumulative sablefish 
limit of 4,500 lb (2,041 kg) per 2 months, but added 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 (fixed gear) fisheries to 
also operate in deeper waters, the July trip limit changes kept the 
currently scheduled limits, but reinstated the size restriction 
prohibiting retention of sablefish smaller than 22 inches (56 cm) south 
of 40 deg.10' N. lat. This restriction was put in place south of the 
40 deg.10' N. lat. management line to protect bocaccio, which are most 
abundant along the California coast. In addition, bocaccio tend to be 
at the deeper end of

[[Page 50836]]

their depth range (i.e., closer to 137 fathoms) along California, 
making it necessary to push the sablefish fishery into even deeper 
waters south of 40 deg.10' N. lat.
    After receiving inquiries from the fixed gear industry regarding 
the sablefish size restriction south of 36 deg. N. lat., the Council 
staff, Groundfish Management Team (GMT), and NMFS decided to re-
evaluate the basis of the Council's June decision. The Council decision 
to reinstate the 22-inch (56-cm) minimum size restriction for sablefish 
landed by the limited entry fixed gear and open access fleets south of 
40 deg.10' N. lat. was intended to protect bocaccio rockfish, a 
continental shelf overfished species, as small sablefish and bocaccio 
may co-occur in some areas. Public comment received in July, however, 
indicated that not only are sablefish smaller at all depths south of 
36 deg. N. lat., but that sablefish may not co-occur with bocaccio 
south of 36 deg. N. lat.
    Trawl surveys and stock assessments conducted by NMFS do not extend 
south of Pt. Conception (34 deg.27' N. lat.) and cannot provide data on 
whether sablefish are smaller in that area. However, data from two 
Alaska Fisheries Science Center resource assessment and conservation 
engineering (RACE) surveys summarizing sablefish average weight by 
depth and latitude, show a noticeably smaller average weight at all 
depths south of 36 deg. N. lat. The average weight of sablefish north 
of 40 deg.10' N. lat. is 0.88 kg at depths less than 150 fathoms, 1.52 
kg at depths between 150 to 250 fathoms, and 1.84 kg for depths greater 
than 250 fathoms. The average weight of sablefish between 40 deg.10' N. 
lat. and 36 deg. N. lat. is 0.68 kg at depths less than 150 fathoms, 
1.19 kg at depths between 150 to 250 fathoms, and 1.95 kg for depths 
greater than 250 fathoms. The average weight of sablefish south of 
36 deg. N. lat. is 0.51 kg at depths less than 150 fathoms, 0.97 kg at 
depths between 150 to 250 fathoms, and 1.63 kg for depths greater than 
250 fathoms. In addition to the RACE surveys, data from pot surveys 
conducted between 1979 and 1991 also reported smaller sablefish south 
of Monterey Bay. Because the sablefish south of 36 deg. N. lat. are 
smaller at all depths, the minimum size restriction south of 36 deg. N. 
lat. does not necessarily move effort into deeper waters away from 
bocaccio but does increase discards of sablefish under 22 inches.
    Regarding whether bocaccio and sablefish co-occur south of 36 deg. 
N. lat., according to NMFS' triennial survey data in an area between 
roughly 37 deg. N. lat. and 34 deg.27' N. lat. (Pt. Conception), 14 
percent of the sablefish distribution within the survey area overlaps 
with the distribution of bocaccio. However, the majority of sablefish 
in the survey area, 86 percent, tend to be at depths greater than 150 
fathoms (i.e., generally beyond bocaccio's depth range). In addition to 
the triennial survey data, NMFS reviewed landings data supplied by the 
California Department of Fish and Game (CDFG) for the years 2000 and 
2001 from trips targeting sablefish in the Conception Area (south of 
36 deg. N. lat.). The highest rate at which bocaccio was reported 
landed with sablefish over these 2 years was 0.0227 mt of bocaccio with 
42 mt of sablefish, or 0.05 percent. The expected catch of bocaccio 
under the remaining commercial sablefish OY south of 36 deg. N. lat. 
(142 mt), is between 0.02 mt and 0.08 mt.
    Based on the evidence from the RACE surveys, pot surveys, triennial 
survey, and CDFG landings data, NMFS has determined, in consultation 
with the GMT, that removing the minimum size restriction of 22 inches 
for the sablefish fishery south of 36 deg. N. lat. is warranted and 
will only have a negligible impact on bocaccio rockfish. Because 
sablefish are larger in deeper waters between 40 deg.10' N. lat. and 
36 deg. N. lat., the 22-inch (56-cm) minimum size restriction on 
sablefish in that area will remain as previously announced for the 
limited entry fixed gear and open access fleets at 67 FR 44778, July 5, 
2002, and subsequently corrected at 67 FR 48571, July 25, 2002. For the 
limited entry trawl fleet, the minimum size restriction will also 
remain as previously announced (67 FR 44778, July 5, 2002, as corrected 
at 67 FR 48571, July 25, 2002).

NMFS Actions

    For the reasons stated here, NMFS rescinds the requirement for a 
22-inch (56-cm) minimum size restriction for the limited entry fixed 
gear and open access fleets south of 36 deg. N. lat. as implemented in 
67 FR 44778, July 5, 2002, and subsequently corrected at 67 FR 48571, 
July 25, 2002. NMFS 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 7, 2002; 67 FR 40870, June 14, 2002; 67 FR 44778, July 5, 
2002; and 67 FR 48571, July 25, 2002, to read as follows:

    1. In Federal Register Document 02-5302 of March 7, 2002, on page 
10518, in section IV, under B. Limited Entry Fishery, at the end of 
paragraph (1), Table 4 is revised to read as follows:

IV. NMFS Actions


B.  Limited Entry Fishery

    (1) * * *
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    2. In Federal Register Document 02-5302 of March 7, 2002, on page 
10520, 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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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 and contrary to the public interest. It would be 
impracticable and contrary to the public interest because affording 
prior notice and opportunity for public comment would impede the 
agency's function of managing fisheries to achieve OY. By removing the 
size restriction on sablefish south of 36 deg. N. lat., this inseason 
action allows fishers to access sablefish allocations without exceeding 
the OY for that species. Delaying removal of the size restriction in 
this area could prevent the industry from obtaining the intended 
benefit and unnecessarily increase discards of adult sablefish under 22 
inches. The changes implemented in this action are based in part on 
comment received on the July 5, 2002 (67 FR 44778) Federal Register 
document implementing the Council's decision. For these reasons, good 
cause also exists to waive the 30-day delay in effectiveness 
requirement of 5 U.S.C. 553(d)(3).

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

    Dated: July 31, 2002.
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-19809 Filed 8-1-02; 2:44 pm]
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