[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Rules and Regulations]
[Pages 62204-62212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25308]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 011231309-2090-03; I.D.092602B]


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

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

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

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SUMMARY: NMFS announces changes in the following trip limits for the 
Pacific Coast groundfish fisheries: limited entry groundfish trawl gear 
fisheries for minor slope rockfish, splitnose rockfish, DTS complex 
(Dover sole, thornyheads and sablefish), flatfish fisheries, widow 
rockfish, yellowtail rockfish, and the 'other fish' category; limited 
entry fixed gear fisheries for minor slope rockfish, splitnose 
rockfish, sablefish, minor nearshore rockfish, lingcod and the 'other 
fish' category; and open access fisheries for sablefish, minor 
nearshore rockfish, lingcod, and the 'other fish' category. 
Additionally, pink shrimp exempted trawl gear incidental groundfish 
landings limits are now listed in the open access trip limit table 
rather than just in the text at IV.C.(3) to ensure clarity. These 
actions, which are authorized by the Pacific Coast Groundfish Fishery 
Management Plan (FMP), will allow fisheries access to healthy 
groundfish stocks, prevent fisheries that are approaching their OY from 
exceeding their OY, and protect overfished and depleted stocks. With 
this inseason trip limit adjustment, NMFS also announces that the 
States of Washington and Oregon are implementing a declaration 
requirement for limited entry trawl vessels intending to fish with 
midwater trawl gear in the Darkblotched Rockfish Conservation Area 
(DBCA) north of 40[deg]10' N. lat. This document also contains a 
correction to the limited entry trawl gear trip limit for canary 
rockfish south of 40[deg]10' N. lat. to reflect the closure in the 
south that was effective July 1, 2002.

DATES: Effective 0001 hours local time October 1, 2002, until the 2003 
annual specifications and management measures are effective, unless 
modified, superseded, or rescinded through a publication in the Federal 
Register.

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

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-6140; fax: 206-526-6736; and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's website at: http://www.access.gpo.gov/su--docs/ca/
docs/aces/aces140.html. Background information and documents are 
available at the NMFS Northwest Region website at: http://www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and at the Pacific Fishery 
Management Council's website at: http://www.pcouncil.org.

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), as a 
proposed rule for all of 2002 (67 FR 1555, January 11, 2002), and as a 
final rule 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, at 67 FR 
40870, June 14, 2002, at 67 FR 44778, July 5, 2002, at 67 FR 48571, 
July 25, 2002, at 67 FR 50835, August 6, 2002, at 67 FR 55166, August 
28, 2002, at 67 FR 56497, September 4, 2002, and at 67 FR 57973, 
September 13, 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 September 9-13, 2002, meeting in Portland, OR. 
Pacific Coast groundfish landings will

[[Page 62205]]

be monitored throughout the year, and further adjustments will be made 
as necessary to allow achievement of or to avoid exceeding the 2002 OYs 
and allocations.

Depth-based Management

    Beginning with the July 1, 2002, inseason action (67 FR 44778, July 
5, 2002) the Pacific Council reinstated a management line at the 20-fm 
(37-m) depth contour south of 40[deg] 0' N. lat. The 20-fm (37-m) depth 
contour was used to implement management measures to protect bocaccio 
rockfish, an overfished species. Through an emergency rule (67 FR 
57973, September 13, 2002) effective September 10, 2002, new depth-
based management measures affecting the limited entry trawl fleet north 
of 40[deg]10' N. lat. were implemented to allow harvest of healthy 
groundfish stocks while protecting darkblotched rockfish, another 
overfished species. The emergency rule created a ``no-trawl'' zone 
between approximately 100 to 250 fm (183 to 457 m) north of 40[deg]10' 
N. lat. to the U.S.-Canada border, known as the DBCA. This inseason 
action will open up limited midwater trawl opportunities for widow and 
yellowtail rockfish in the DBCA, subject to the trip limits described 
below and a declaration process adopted by the States of Washington and 
Oregon.

Operating in Areas with Different Trip Limits

    When operating in areas with different trip limits north and south 
of a management line, the crossover provisions listed at paragraph 
IV.A.(12) in the 2002 annual specifications and management measures (67 
FR 10490, March 7, 2002) apply. For the limited entry trawl flatfish 
fisheries north and south of the management line at 40[deg]10' N. lat., 
vessels are subject to the crossover provisions in paragraph IV.A.(12) 
when making landings that include any of the flatfish species specified 
at 50 CFR 660.302 in the flatfish fisheries.

Sablefish 20-Inch Minimum Size Limit for Limited Entry Fixed Gear and 
Open Access Between 40[deg]10' N. lat. and 36[deg] N. lat. and for 
Limited Entry Trawl South of 40[deg]10' N. lat.

    At the Pacific Council's September meeting, public testimony 
reported a significant amount of adult sablefish discard in waters 
deeper than the bocaccio depth range with the 22-inch (56 cm) minimum 
sablefish size restriction that was imposed on July 1, 2002 (67 FR 
44778, July 5, 2002 and subsequently amended at 67 FR 50835, August 6, 
2002). Therefore, the Pacific Council recommended reducing the 
sablefish minimum size limit from 22 inches to 20 inches (56 cm-51 cm), 
beginning October 1, 2002, for limited entry fixed gear and open access 
vessels between 40[deg]10' N. lat. and 36[deg] N. lat. and for limited 
entry trawl vessel south of 40[deg]10' N. lat. This reduction in the 
minimum sablefish size limit is intended to reduce the discard of 
smaller, mature sablefish while protecting bocaccio, an overfished 
species, by pushing fishing effort for sablefish into deeper waters.
    North of 40[deg]10' N. lat., there continues to be no sablefish 
size limit because bocaccio do not generally occur north of 40[deg]10' 
N. lat. and the adult sablefish in that area tend to be larger. To the 
south of this area (i.e., south of 36[deg] N. lat.), there continues to 
be no sablefish size limit for limited entry fixed gear or open access 
vessels because the adult sablefish, although small, generally occur 
outside of the bocaccio depth range. The 20-inch (51-cm) minimum 
sablefish size limit for the limited entry trawl gear sablefish 
sublimit will continue to extend south from 40[deg]10' N. lat. to the 
Mexico border.

The ``Other Fish'' Category for All Gears Coastwide

    ``Other fish'' are defined at 50 CFR 660.302 under the term 
groundfish, as those groundfish species or species groups for which 
there is no trip limit, size limit, quota, or harvest guideline. With 
this inseason action, the ``other fish'' category is added to the 
limited entry fixed gear and open access trip limit tables, in addition 
to the limited entry trawl table. For all gears north of 40[deg]10' N. 
lat., ``other fish'' are not limited, except that spiny dogfish is 
prohibited for all gears other than small footrope trawl. The fixed 
gear spiny dogfish fishery in the north has a history of yelloweye 
rockfish bycatch, especially off Washington. In order to protect 
yelloweye rockfish, an overfished species, spiny dogfish retention is 
prohibited for all gears except small footrope trawl in the north. For 
all gears south of 40[deg]10' N. lat., retention of ``other fish'' is 
prohibited in order to prevent incidental catch of bocaccio with the 
exception that retention of grenadiers is permitted. Grenadiers are a 
deep water species and can be targeted without intercepting overfished 
or depleted rockfish stocks.

Limited Entry Trawl Gear Fisheries for Midwater Widow and Yellowtail 
Rockfish North of 40[deg]10' N. lat.

    At their September meeting, the Pacific Council decided to allow 
midwater trawl fisheries for widow and yellowtail rockfish inside the 
DBCA. The widow and yellowtail rockfish midwater fisheries had 
previously been closed in the north because these species primarily 
occur within the DBCA, an area closed to protect darkblotched rockfish. 
While midwater trawls for these species within the DBCA would not 
intercept darkblotched rockfish, the midwater fisheries were closed 
because of the enforcement difficulty in determining whether a vessel 
is conducting a midwater or pelagic trawl versus a small footrope 
bottom trawl, which would intercept darkblotched rockfish and is 
prohibited.
    In order to allow midwater trawl opportunity for widow and 
yellowtail rockfish, the States of Washington and Oregon will implement 
a declaration process whereby vessels intending to fish with midwater 
trawl gear within the DBCA would be required to contact the State in 
advance of such fishing trips as a condition of landing in State ports. 
Washington and Oregon will implement a limited declaration process for 
the November-December period, while California will maintain an on-the-
water enforcement presence. For November-December, the States of 
Washington and Oregon will handle all midwater trawl declarations for 
fishing in the DBCA. Due to limited State personnel resources to handle 
the declaration process, the frequency of trips landing either widow or 
yellowtail rockfish is being restricted in Federal regulations to no 
more than two trips per vessel per 2-month cumulative period (i.e., 
November-December).
    The available trip limit for this midwater trawl opportunity was 
constrained to the November-December cumulative trip limit period. 
Historically, incidental catch of canary rockfish, an overfished 
species, in the widow rockfish midwater trawl fishery has been lower in 
the January-February, March-April and November-December cumulative trip 
limit periods. Because canary rockfish is approaching its OY, the widow 
and yellowtail midwater fisheries were re-opened only for the November-
December trip limit period when the interception of canary rockfish is 
likely to be low.
    For the November-December period, the 2-month cumulative limit for 
the widow rockfish midwater trawl fishery occurring north of 40[deg]10' 
N. lat. will be re-opened at 13,000 lb (5,897 kg) per 2 months, 
restricted to no more than 2 trips landing widow rockfish per vessel 
per 2-month period. For yellowtail rockfish, the November-December 2-
month cumulative limit for the yellowtail rockfish midwater trawl 
fishery occurring north of 40[deg]10' N. lat.

[[Page 62206]]

will be re-opened at 20,000 lb (9,072 kg) per 2 months, restricted to 
no more than 2 trips landing yellowtail rockfish per vessel per 2-month 
period.

Limited Entry Trawl Gear Fisheries for the DTS Complex North of 
40[deg]10' N. lat.

    The DTS complex north of 40[deg]10' N. lat. was previously 
scheduled to decrease for the November-December cumulative limit 
period. In addition, the September emergency rule (67 FR 57973, 
September 13, 2002) had split the November-December cumulative limit 
period from a 2-month to a monthly cumulative limit to allow more 
flexibility for possible future inseason adjustments. However, in doing 
so, the flexibility of the fishermen to plan their trips is further 
constrained and the likelihood of regulatory discards may increase. 
Because sufficient OY remains and the incidence of overfished rockfish 
species interception in the DTS fisheries is lower during November-
December, the Pacific Council decided to increase the cumulative trip 
limits for the DTS complex during the November-December cumulative 
limit period and re-instate the 2-month cumulative limit.
    In order to allow fishermen access to the remaining DTS OYs while 
still protecting darkblotched rockfish in all northern waters and 
canary rockfish in waters shoreward of the 100-fm (184 m) depth contour 
line, the Pacific Council increased the OY for all DTS complex species, 
but increased the Dover sole limit disproportionately between large and 
small footrope trawl gear. Small footrope trawl gear was assigned a 
lower Dover sole trip limit, 12,000 lbs (5,443 kg) per 2 months, 
because small footrope is the only bottom trawl gear allowed in waters 
shoreward of the 100 fm (183 m)depth contour where there is higher 
incidence of rockfish bycatch, including canary and darkblotched 
rockfish. Small footrope gear is allowed in waters inside of 100 fm 
(183 m) because it tends to have less incidental catch of canary 
rockfish since it cannot effectively fish in rocky seafloor habitat 
where canary rockfish are typically found. Conversely, the higher limit 
for Dover sole caught with large footrope trawl gear, 22,000 lb (9,979 
kg) per 2 months, is intended to encourage vessels to operate seaward 
of the 250 fm (461 m) depth contour, outside the range of darkblotched 
and canary rockfish.
    For the November-December period, the 2-month cumulative limit for 
the DTS trawl fishery north of 40[deg]10' N. lat. will be increased as 
follows: Dover sole will be increased from 7,000 lb (3,175 kg) per 
month to 22,000 lb (9,979 kg) per 2 months providing that only large 
footrope or midwater trawl gear is used to land any groundfish species 
during the entire cumulative limit period or 12,000 lb (5,443 kg) per 2 
months if small footrope gear is used to land any groundfish species 
during the entire cumulative limit period; shortspine thornyhead will 
be increased from 750 lb (340 kg) per month to 2,200 lb (998 kg) per 2 
months; longspine thornyhead will be increased from 1,000 lb (454 kg) 
per month to 8,000 lb (3,629 kg) per 2 months; and sablefish will be 
increased from 1,250 lb (567 kg) per month to 2,600 lb (1,179 kg) per 2 
months.

Limited Entry Trawl Gear Fisheries for Minor Slope Rockfish Coastwide 
and Splitnose Rockfish South of 36[deg] N. lat.

    As in the DTS fishery above, the September emergency rule had split 
the November-December cumulative limit period from a 2-month to a 
monthly cumulative limit to allow more flexibility for possible future 
inseason adjustments. However, in doing so, the flexibility of the 
fishermen to plan their trips is further constrained and the likelihood 
of regulatory discards may increase.
    PacFIN landings estimates through September 7, 2002, report the 
limited entry slope rockfish catch in the north to be at 104 mt out of 
a 1,150 mt OY for 2002 (1,046 mt remaining) and at 275 mt out of a 497 
mt OY (222 mt remaining) for the south. For splitnose rockfish in the 
Monterey and Conception management areas, PacFIN estimates report the 
limited entry and open access splitnose catch to be at 35 mt out of a 
387 mt OY (352 mt remaining). Because sufficient OY remains and the 
incidence of overfished rockfish species interception is low, the 
Pacific Council decided to increase the cumulative trip limits for 
minor slope rockfish fisheries in the north during the November-
December period and for the minor slope and splitnose rockfish 
fisheries south of 40[deg]10' N. lat. during the September-October and 
November-December cumulative limit periods, re-instating the 2-month 
cumulative limit.
    For the September-October period, limited entry trawl fisheries for 
minor slope and splitnose rockfish south of 36[deg] N. lat. will each 
be increased from 15,000 lb (6,804 kg) per 2 months to 25,000 lb 
(11,340 kg) per 2 months. For the November-December period, limited 
entry trawl fisheries for minor slope rockfish north of 36[deg] N. lat. 
will be increased from 300 lb (136 kg) per month to 1,800 lb (816 kg) 
per 2 months; limited entry trawl fisheries for both minor slope and 
splitnose rockfish south of 36[deg] N. lat. will be increased from 
15,000 lb (6,804 kg) per 2 months to 40,000 lb (18,144 kg) per 2 
months.

Limited Entry Trawl Gear Fisheries for Flatfish South of 40[deg]10' N. 
lat.

    Previously, the Petrale sole trip limit south of 40[deg]10' N. lat. 
was included in the combined flatfish limit for rex sole, petrale sole, 
English sole, and arrowtooth flounder as an incidental catch allowance 
in the DTS fishery. South of 40[deg]10' N. lat., logbook and fish 
landing ticket data report that the limited entry trawl fishery for 
Petrale sole occurs primarily seaward of 180 fm (329 m) and has not 
shown any incidental catch of bocaccio. The overfished species bycatch 
for this fishery during November-December using a depth-based bycatch 
model projects that widow rockfish, lingcod, darkblotched rockfish may 
be intercepted in the Petrale sole fishery. However, incidental catch 
levels of these species are not projected to exceed their 2002 OYs. 
Therefore, Petrale sole was pulled out of the combined flatfish limit 
and given its own trip limit, 30,000 lb (13,608 kg) per 2 months, to 
provide targeted harvest opportunity on a healthy groundfish stock with 
minimal incidental catch of overfished rockfish species.
    In addition, rex sole was pulled out of the combined flatfish limit 
and assigned a higher incidental catch allowance of 2,000 lb (907 kg) 
per trip. English sole and arrowtooth flounder retain a combined limit 
of 1,000 lb (454 kg) per trip as an incidental catch allowance in the 
DTS or petrale sole fisheries.
    For the November-December period, limited entry trawl fisheries for 
flatfish south of 40[deg]10' N. lat. are closed with the following 
exceptions: petrale sole will have its own trip limit of 30,000 lb 
(13,608 kg) per 2 months, rex sole will have its own incidental catch 
allowance of 2,000 lb (907 kg) per trip, and English sole and 
arrowtooth flounder continue to have a combined incidental catch 
allowance of 1,000 lb (454 kg) per trip when landed with DTS or petrale 
sole. The amount of per-trip flatfish landings (rex sole, English sole, 
and arrowtooth flounder) must not exceed the amount of DTS and petrale 
sole landed. Landings may continue to be made with small or large 
footrope gear.

Limited Entry Fixed Gear Fisheries for Minor Slope Rockfish and 
Splitnose Rockfish South of 36[deg] N. lat.

    The limited entry fixed gear fisheries for minor slope and 
splitnose rockfish south of 36[deg] N. lat. generally occur well 
outside of 250 fm (461 m). In addition to the fishery taking place in 
deeper waters beyond the range of bocaccio, the

[[Page 62207]]

OY for limited entry slope rockfish in the south is estimated in PacFIN 
to be at 275 mt out of a 497 mt OY (222 mt remaining). For splitnose 
rockfish in the Monterey and Conception management areas, PacFIN 
estimates report the limited entry and open access splitnose catch to 
be at 35 mt out of a 387 mt OY (352 mt remaining). Because sufficient 
OY remains for both minor slope and splitnose rockfish and the 
likelihood of bocaccio interception in these fisheries during the 
remainder of 2002 is low, the cumulative limit for these fisheries will 
be increased.
    For the September-October and November-December periods, the trip 
limits for both minor slope and splitnose rockfish will be increased 
south of 36[deg] N. lat. from 15,000 lb (6,804 kg) per 2 months to 
25,000 lb (11,340 kg) per 2 months.

Limited Entry Fixed Gear and Open Access Fisheries for Sablefish North 
of 36[deg] N. lat.

    PacFIN landings data estimates that the open access landings for 
sablefish in the north are at 1,032 mt out of a 1,780 mt OY for 2002 
(748 mt remaining). Because sufficient OY remains for sablefish north 
of 36[deg] N. lat., the limits in the sablefish daily trip limit 
fishery will be increased.
    Beginning October 1, 2002, the limited entry fixed gear and open 
access daily trip limit fishery for sablefish north of 36[deg] N. lat. 
will be increased from 300 lb (136 kg) per day, or 1 landing per week 
up to 800 lb (363 kg), not to exceed 2,400 lb (1,089 kg) per 2 months, 
to 300 lbs (136 kg) per day, or 1 landing per week up to 900 lb (408 
kg), not to exceed 2,700 lb (1,225 kg) per 2 months.

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

    PacFIN's landed catch estimates show the limited entry and open 
access nearshore rockfish catch north of 40[deg]10' N. lat. to be at 
186 mt out of a 324 mt OY for 2002 (138 mt remaining). Because 
sufficient OY remains for nearshore rockfish, beginning October 1, 
2002, the limited entry fixed gear and open access fisheries for minor 
nearshore rockfish north of 40[deg]10' N. lat. will be increased from 
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 and blue rockfish, to 7,000 lb 
(3,175 kg) per 2 months, no more than 3,000 lb (1,361 kg) of which may 
be species other than black and blue rockfish.

Limited Entry Fixed Gear and Open Access Fisheries for Lingcod South of 
40[deg]10' N. lat.

    Minor nearshore rockfish south of 40[deg]10' N. lat. are estimated 
to have exceeded the 2002 OY by 18 mt through September 7, 2002. 
Because nearshore rockfish and lingcod co-occur, the fishery for 
lingcod south of 40[deg]10' N. lat. will close one month earlier than 
previously scheduled to protect nearshore rockfish from continued 
overharvesting.
    Previously, the limited entry fixed gear and open access fisheries 
for lingcod south of 40[deg]10' N. lat. were open only inside the 20 fm 
(37 m) contour with cumulative limits of 400 lb (181 kg) per month for 
limited entry fixed gear fisheries and 300 lb (136 kg) per month for 
open access fisheries. Beginning October 1, 2002, the limited entry 
fixed gear and open access fisheries south of 40[deg]10' N. lat. for 
lingcod will be closed.

Correction

    The canary rockfish fishery was closed south of 40[deg]10' N. lat. 
with the July 1, 2002 trip limit adjustments (67 Fr 44778, July 5, 
2002). The closure for the limited entry trawl fishery for canary 
rockfish starting October 1, 2002, was inadvertently removed during 
implementation of the September emergency rule (67 FR 56497, September 
4, 2002). The limited entry trawl fishery for canary rockfish should be 
closed south of 40[deg]10' N. lat. for the remainder of 2002.

NMFS Actions

    For the reasons stated herein, NMFS concurred 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, 67 FR 
44778, July 5, 2002, 67 FR 48571, July 25, 2002, 67 FR 50835, August 6, 
2002, 67 FR 55166, August 28, 2002, 67 FR 56497, September 4, 2002, and 
67 FR 57973, September 13, 2002) to read as follows:
    1. On page 10511, in column 1, section IV., under A. General 
Definitions and Provisions, paragraph (6)(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 20 inches (51 cm) TL for whole fish, is 14 inches (36 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 10512, in section IV., under A. General Definitions and 
Provisions, paragraph (12)(e) is added to read as follows:
    (12) * * *
    (e) Flatfish Fisheries. There are differential trip limits for the 
flat 40[deg]10' N. lat. Vessels operating in the limited entry trawl 
fishery are subject to the crossover provisions in this paragraph 
IV.A.(12) when making landings that include any of the flatfish species 
specified at 50 CFR 660.302 in the flatfish fisheries.
* * * * *
    3. On page 57976, in 67 FR 57976, September 13, 2002, in the third 
column, language is added to the last sentence in the last paragraph in 
IV. A.(22), such that the last sentence should read as follows:
    ``These restrictions do not apply to Pacific whiting vessels using 
mid-water trawl gear to fish for their sector's primary whiting season 
allocation, as defined at Sec.  660.323(a)(3), or to vessels fishing 
for widow or yellowtail rockfish using mid-water trawl gear.''
* * * * *
    4. On pages 10517 and 10518, 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 62208]]

[GRAPHIC] [TIFF OMITTED] TR04OC02.000


[[Page 62209]]


[GRAPHIC] [TIFF OMITTED] TR04OC02.001


[[Page 62210]]


[GRAPHIC] [TIFF OMITTED] TR04OC02.002

    5. On page 10520, in section IV., under C. Trip Limits in the Open 
Access Fishery, at the end of paragraph (1), Table 5 is revised to read 
as follows:

[[Page 62211]]

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery

    (1) * * *
    [GRAPHIC] [TIFF OMITTED] TR04OC02.003
    
BILLING CODE 3510-22-C

[[Page 62212]]

* * * * *

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 trip limit 
adjustments for most species or species groups are scheduled to begin 
October 1, 2002, and affording prior notice and opportunity for public 
comment would impede the agency's function of managing fisheries to 
approach without exceeding the OY for federally managed species. 
Delaying implementation of these trip limit adjustments past October 1, 
2002, may cause unnecessary hardship among the West coast groundfish 
fleets. In 2002, the West coast groundfish fleet has suffered severe 
cutbacks in seasons, areas, and species available to be fished in an 
effort by the Pacific Council to primarily protect darkblotched and 
bocaccio rockfish, both overfished species. Most of the trip limit 
adjustments in this document are increases from the status quo. 
Increases to trip limits for healthy stocks must be implemented in a 
timely manner to alleviate some of the economic and social burden 
fishermen and fishing communities have to bear to protect overfished 
and depleted groundfish species. Delaying implementation of these trip 
limit adjustments would restrict fishermen to the reduced trip limits 
put in place by both the July inseason trip limits and the September 
emergency rule that were previously scheduled for the September-October 
and November-December cumulative period. In addition, some changes are 
closures in order to prevent incidental catch of overfished species. 
Delaying implementation of these closures would allow fishermen to 
continue harvesting certain species and may cause the fisheries to 
exceed the OYs for overfished rockfish species.
    The AA also finds good cause to waive the requirement to provide 
prior notice and opportunity for public comment on the correction and 
re-classification of certain species (i.e., Petrale sole and rex sole 
within flatfish) as such prior notice and opportunity for public 
comment is unnecessary. It is unnecessary because these are minor 
technical amendments upon which the public most likely has little 
interest in commenting. For the above reasons, good cause also exists 
to waive the 30-day delay in effectiveness requirement of 5 U.S.C. 553 
(d)(3).
    The declaration process mentioned in this inseason action, if 
implemented, will be a requirement of the States of Washington and 
Oregon. The State declaration process therefore would not be subject to 
Federal Paperwork Reduction Act requirements.
    These actions are taken under the authority of 50 CFR 660.323(b)(1) 
and are exempt from review under Executive Order 12866.

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

    Dated: October 1, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25308 Filed 10-1-02; 2:49 pm]
BILLING CODE 3510-22-S