[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Rules and Regulations]
[Pages 23901-23913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11084]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 660

[Docket No. 021209300-3048-02; I.D. 042803E]


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 adjustments; announcement of incidental 
halibut retention allowance; corrections to the 2003 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), flatfish 
(including arrowtooth flounder and Petrale sole), and yellowtail 
rockfish landed with flatfish; open access fisheries for yellowtail 
rockfish in the salmon troll fishery. NMFS also announces changes in 
the closed areas affecting the limited entry trawl fleet. For the trawl 
``B'' platoon, the closed areas for the cumulative limit period 
beginning May 16 through June 30, 2003, will be the same for the ``B'' 
platoon as for the``A'' platoon. For the remainder of the ``B'' platoon 
cumulative limit period, from July 1 through July 15, 2003, the ``B'' 
platoon will be subject to the closed areas that were in place for the 
``A'' platoon through June 30, 2003. NMFS announces regulations for the 
retention of Pacific halibut landed incidentally in the limited entry 
longline primary sablefish fishery north of Pt. Chehalis, WA 
(46[deg]53'18'' N. lat.). This document also contains notification of a 
voluntary closed area (also called an ``area to be avoided'') off 
Washington for commercial fixed gear sablefish fishermen and salmon 
trollers. In addition, NMFS announces corrections and clarifications to 
the final rule for the 2003 groundfish specifications and management 
measures (68 FR 11182, March 7, 2003). These actions, which are 
authorized by the Pacific Coast Groundfish Fishery Management Plan 
(FMP), will allow fisheries access to more abundant groundfish stocks 
while protecting overfished and depleted stocks.

DATES: Effective 0001 hours local time May 1, 2003, until the 2004 
annual specifications and management measures are effective, unless 
modified, superseded, or rescinded through a publication in the Federal 
Register. Comments on this rule will be accepted through May 22, 2003.

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 or Carrie Nordeen 
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736; and 
e-mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

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

[[Page 23902]]

(Pacific Council), and are implemented by NMFS. The specifications and 
management measures for the 2003 fishing year (January 1 - December 31, 
2003) were initially published in the Federal Register as an emergency 
rule for January 1 - February 28, 2003 (68 FR 908, January 7, 2003) and 
as a proposed rule for March 1 - December 31, 2003 (68 FR 936, January 
7, 2003). The emergency rule was amended at 68 FR 4719, January 30, 
2003, and the final rule for March 1 - December 31, 2003 was published 
in the Federal Register on March 7, 2003 (68 FR 11182). The final rule 
was corrected on April 15, 2003 (68 FR 18166).
    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 2003, NMFS is 
establishing an allowance for incidental halibut retention in the 
primary sablefish fishery in 2003.
    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 7-11, 2003, meeting in Vancouver, WA. Pacific 
Coast groundfish landings will continue to be monitored throughout the 
year, and further adjustments will be made as necessary to allow 
achievement of or to avoid exceeding the 2003 OYs and allocations.
    At their April meeting, the Pacific Council adopted preliminary 
observer-based bycatch rates to incorporate into the bycatch model used 
for groundfish management. The West Coast Groundfish Observer Program 
(Observer Program) released observer data from September 2001 through 
August 2002 in January 2003. The preliminary observer-based bycatch 
rates used in the bycatch model are only from observations of the trawl 
fleet. Observer coverage of the fixed gear and open access fleets is 
limited at this time and considered to be in the pilot project phase, 
therefore, bycatch rates from these sectors were deemed inadequate to 
incorporate into the bycatch model at this time. To estimate the 
preliminary observer-based bycatch rates, observed hail weights of 
retained catch were adjusted by state fish ticket data. Compared with 
the trawl logbook-based bycatch rates originally used to model the 2003 
annual specifications and management measures, observer-based bycatch 
rates show an initial trend of higher estimated bycatch of all 
overfished groundfish species, except widow rockfish. For example, the 
canary rockfish trawl bycatch rate in the flatfish fishery shallower 
than 100 fm (183 m) was estimated to be roughly 0.45 percent during the 
months from March through June in the 2002 analysis of the 2003 
fishery, while the NMFS observer rates applied to this fishery in April 
2003 were roughly 1.0 percent. As fish ticket-adjusted logbook data 
become available, it will be used to revise the preliminary observer-
based bycatch rates in the model. However, the rates are only expected 
to change slightly in magnitude and the trend is not expected to change 
between the preliminary and revised observer-based bycatch rates. The 
revised rates are expected to be available for the June 16-20, 2003, 
Council meeting in San Francisco, CA. Most changes to trip limits and 
area closures in this inseason action affect the trawl fleet, based on 
using the best available science, the new observer bycatch information.

North of 40[deg]10' N. Latitude

    Based on the new observer program information on bycatch rates in 
the trawl fishery for groundfish, the Pacific Council recommended 
changes to the boundary lines for the trawl Rockfish Conservation Area 
(RCA) (the area that is closed to fishing for groundfish with trawl 
gear) along with trip limit changes. In particular, new estimates of 
canary rockfish bycatch in the trawl fishery north of 40[deg]10' N. 
lat. are higher than previously estimated. At this higher bycatch rate, 
the OY for canary rockfish would be reached before the end of the year. 
In order to slow the rate of canary rockfish interception, the trawl 
RCAs will eventually be shifted to better align with observed canary 
rockfish interception. Until new management lines can be put in place, 
the trawl RCA north of 40[deg]10' N. lat. is being extended from the 
shoreline to 250 fm (457 m) (see next section).
    While most of the trawl trip limits will remain as previously 
scheduled, the trip limits for DTS complex and arrowtooth flounder are 
being increased to allow access to more abundant groundfish stocks in 
offshore areas where canary rockfish are not intercepted. However, to 
allow this increase, further restrictions were added to vessels fishing 
for DTS and/or flatfish with small footrope gear, to discourage fishers 
from fishing inshore of the trawl RCA (when that area is reopened later 
this month) where there is an increased likelihood of intercepting 
canary rockfish. Vessels fishing for the DTS complex or flatfish with 
small footrope gear at any time in any area during the entire 2-month 
cumulative limit period are subject to lower trip limits than vessels 
using large footrope gear or midwater trawl gear. Large footrope gear 
is permissible only in waters offshore of the trawl RCA. Thus, vessels 
that choose to fish against the higher limits would not be allowed to 
use bottom trawl gear anywhere inshore of the trawl RCA (when that area 
is reopened later this month). The higher limits for vessels fishing 
with midwater trawl gear are intended to allow retention of DTS and 
flatfish caught incidentally to the primary whiting fishery.

Trawl RCA Restrictions North of 40[deg]10' N. lat.

    For May-June (until the changes described below can be implemented 
through a subsequent Federal Register document), the offshore boundary 
line of the trawl RCA north of 40[deg]10' N. lat. will remain the same, 
250 fm (457 m), while the inshore boundary line will move from 100 fm 
(183 m) to the shoreline. Thus, the trawl RCA will extend from the 
shoreline out to 250 fm (457 m). This increased area closure is 
intended to protect canary rockfish, an overfished species, until new 
trawl RCA depth-based management lines can be implemented. Data from 
the observer program showed that canary rockfish tend to be intercepted 
in trawl gear further inshore than previously expected. In evaluating 
the observer data, the Pacific Council's Groundfish Management Team 
(GMT) recommended that the trawl RCA boundaries be shifted to lines 
approximating 50 fm (91 m) for the shoreward boundary and 200 fm (366 
m) for the offshore boundary for the remainder of the year. However, 
NMFS cannot implement these new boundary

[[Page 23903]]

lines until boundary coordinates have been developed and reviewed by 
the states and enforcement. NMFS estimates that these new boundary 
lines will be implemented in mid-May 2003. In the meantime, trawling 
inshore of 250 fm (457 m) is prohibited immediately to slow the 
incidental catch of canary rockfish inside of 100 fm (183 m).

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

    For May-December, the 2-month cumulative limits for the DTS trawl 
fishery occurring north of 40[deg]10' N. lat. will be increased or 
reduced from the May-June period as follows: Dover sole will be 
increased from 25,000 lb (11,340 kg) to 31,000 lb (14,061 kg) provided 
only large footrope or midwater trawl gear is used during the entire 
period or reduced to 12,500 lb (5,670 kg) if small footrope gear is 
used at any time during the entire period; shortspine thornyhead will 
be increased from 2,400 lb (1,089 kg) to 2,800 lb (1,270 kg) provided 
only large footrope or midwater trawl gear is used during the entire 
period or reduced to 0 lb (0 kg) if small footrope gear is used at any 
time during the entire period; longspine thornyhead will be increased 
from 9,000 lb (4,082 kg) to 14,000 lb (6,350 kg) provided only large 
footrope or midwater trawl gear is used during the entire period or 
reduced to 0 lb (0 kg) if small footrope gear is used at any time 
during the entire period; and sablefish will be increased from 7,000 lb 
(3,175 kg) to 10,000 lb (4,536 kg) provided only large footrope or 
midwater trawl gear is used during the entire period or reduced to 
3,000 lb (1,361 kg) if small footrope gear is used at any time during 
the entire period.

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

    For May-October, the 2-month cumulative limits for the flatfish 
fishery occurring north of 40[deg]10' N. lat. will either be increased 
or restricted from the May-June period as follows: Arrowtooth flounder 
will be increased from 60,000 lb (27,216 kg) to 200,000 lb (90,719 kg) 
provided only large footrope or midwater trawl gear is used during the 
entire period or reduced to 5,000 lb (2,268 kg) if small footrope gear 
is used at any time during the entire period; the 'all other flatfish' 
category will remain at 100,000 lb (45,359 kg) provided only large 
footrope or midwater trawl gear is used during the entire period or 
reduced to 20,000 lb (9,072 kg) if small footrope gear is used at any 
time during the entire period; and the petrale sole sublimit of the 
'all other flatfish' category remains at 30,000 lb (13,608 kg) provided 
only large footrope or midwater trawl gear is used during the entire 
period or is further restricted from 30,000 lb (13,608 kg) to 10,000 lb 
(4,536 kg) if small footrope gear is used at any time during the entire 
period.

Limited Entry Small Footrope Trawl Gear Limits for Yellowtail Rockfish 
Landed with Flatfish North of 40[deg]10' N. lat.

    Because cumulative limits for flatfish fisheries north of 
40[deg]10' N. lat. will now include specific limits for flatfish caught 
with small footrope gear, the sublimit for yellowtail rockfish taken 
with small footrope gear by vessels targeting groundfish was increased 
slightly to allow retention of incidentally caught yellowtail rockfish. 
This slight increase in the yellowtail rockfish flatfish sublimit is 
intended to reduce the amount of yellowtail rockfish discarded while 
not encouraging targeting on the species. Thus, for May-October, the 
small footrope limits for yellowtail rockfish landed with flatfish 
north of 40[deg]10' N. lat. will be increased from 3,000 lb (1,361 kg) 
per month to 10,000 lb (4,536 kg) per 2 months.

Open Access Limits for Yellowtail Rockfish 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 the overfished canary rockfish stock have 
reduced harvest opportunities for yellowtail rockfish, which is caught 
in association with canary rockfish and is considered to be a more 
abundant stock. However, an analysis in 2001 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 increase the incidental catch of canary rockfish. This incidental 
catch allowance was in place from May through December 2002 and the 
Pacific Council has recommended that NMFS reinstate this same 
incidental yellowtail retention trip limit for the remainder of 2003.
    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 up to 1 lb (0.45 kg) of yellowtail 
rockfish per 2 lb (0.91 kg) of salmon landed, with a cumulative limit 
of up to 200 lb (136 kg) per month. This trip limit applies to vessels 
fishing for salmon both within and outside the RCA. This limit is 
within the 200 lb (136 kg) per month combined limit for minor shelf 
rockfish, widow rockfish and yellowtail rockfish, and not in addition 
to that limit. All groundfish species taken in the salmon troll fishery 
other than yellowtail rockfish are subject to the open access limits, 
seasons, and RCA restrictions listed in Table 5 (North). Additionally, 
a new section has been added to the end of the open access table, Table 
5 (North), listing the limits for the salmon troll fishery.

Retention of Incidental Halibut Catch in the Primary Sablefish Fishery 
North of Pt. Chehalis, WA

    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 2003 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.). Under 
Pacific halibut regulations at 50 CFR 300.63, halibut taken and 
retained in the primary sablefish fishery may not be possessed or 
landed south of Pt. Chehalis, WA (46[deg]53'18'' N. lat.).
    Similar to 2002, halibut caught incidentally in the primary 
sablefish fishery may be retained by appropriately licensed longline 
vessels. In 2003, the amount of incidental halibut retained in the 
primary sablefish fishery is capped at 70,000 lb (31.8 mt), to ensure 
that fishery is maintained as an incidental and not directed fishery. 
Beginning May 1, 2003, and continuing until the halibut quota (70,000 
lbs or 31.8 mt) is taken: longliners participating in the primary

[[Page 23904]]

sablefish fishery north of Pt. Chehalis, WA (46[deg]53'18'' N. lat.) 
with appropriate 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 has any gear other 
than longline gear on board (e.g., pot or trawl gear).

Voluntary ``C-shaped'' Closure off Washington for the Sablefish and 
Salmon Troll Fisheries

    In 2003, the Washington Department of Fish and Wildlife developed 
and NMFS implemented a ``C-shaped'' Yelloweye Rockfish Conservation 
Area (YRCA) to protect yelloweye rockfish, an overfished species (see 
50 CFR 660.304 (d)). An area off Washington, which is either closed or 
requested as an area to be avoided, has been adjusted each year since 
2000 in an effort to protect yelloweye rockfish. For 2003, the ``C-
shaped'' YRCA is a mandatory closed area for recreational groundfish 
and Pacific halibut fishing. To further protect yelloweye rockfish, the 
Pacific Council has recommended that the ``C-shaped'' YRCA in the North 
Coast subarea (Washington Marine Area 3) also be designated as an area 
to be avoided (a voluntary closure) by commercial fixed gear (longline) 
sablefish fishermen and salmon trollers to protect yelloweye rockfish. 
Much of the YRCA is already closed to commercial groundfish hook-and-
line access, including the fixed gear sablefish fishery, by the non-
trawl RCA.

South Of 40[deg]10' N. Latitude

    Based on the new observer program information on bycatch rates in 
the trawl fishery for groundfish, the Pacific Council recommended 
changes to the boundary lines for the trawl RCA along with trip limit 
changes. In particular, new estimates of bocaccio rockfish bycatch in 
the trawl fishery south of 40[deg]10' N. lat. are higher than 
previously estimated. At this higher bycatch rate, the OY for bocaccio 
rockfish would be reached before the end of the year. In order to slow 
the rate of bocaccio rockfish interception and align the RCA with the 
area where bocaccio are predominately intercepted, the offshore trawl 
RCA boundary will be shifted (see next section).
    While most of the trawl trip limits will remain as previously 
scheduled, the trip limits for DTS complex and petrale sole will be 
increased. The trip limit for the DTS complex will be increased to 
allow access to more abundant groundfish stocks in times and areas 
where bocaccio rockfish are less likely to be intercepted. The petrale 
sole sublimit with flatfish will be increased to allow retention of 
petrale sole caught in flatfish trawls that is currently being 
discarded. For the DTS complex, periods 3 (May-June), 5 (September-
October) and 6 (November-December) will all be increased and period 4 
(July-August) will increase above the revised limits for these other 
periods. Period 4 (July-August) limits are increased because the trawl 
RCA is shifted during period 4 to between 200 fm (366 m) and the 
shoreline, further reducing the likelihood of intercepting bocaccio. 
These higher period 4 limits follow a management strategy of using less 
restrictive limits when conservation areas are more restrictive or more 
conservative. The sublimit for petrale sole in the flatfish trip limit 
will be increased for May-October while the overall flatfish limit will 
remain as previously scheduled. The previously scheduled 10,000 lb 
(4,536 kg) per 2 month sublimit for petrale sole was not allowing 
vessels to retain all of the petrale sole taken in flatfish trawls, 
resulting in petrale sole discard. By increasing the petrale sublimit 
while the overall flatfish limit remains the same, more petrale sole 
may be retained per fishing trip, resulting in less petrale sole 
discard and earlier attainment of the overall flatfish limit. By 
allowing earlier attainment of flatfish limits, total trawl hours will 
be reduced, thereby also lowering the likelihood of intercepting 
bocaccio rockfish. Incidental catch of bocaccio rockfish is expected to 
remain neutral or decrease slightly as a result of the increased 
sublimit for petrale sole. In addition, language was added to period 6 
(November-December) to allow the trawl RCA to be modified to 
incorporate petrale sole fishing grounds. These petrale sole areas have 
not yet been developed, but will be announced in the Federal Register 
once they are available.

Trawl RCA Restrictions South of 40[deg]10' N. lat.

    For May-June, the trawl RCA will remain as previously scheduled for 
the May-June cumulative limit period until coordinates for a new 200 fm 
(366 m) boundary line are announced in a future Federal Register. The 
Pacific Council's GMT recommended moving the trawl RCA in order to 
better match the depths where bocaccio are found. However, NMFS cannot 
implement a new 200 fm (366 m) boundary line until coordinates have 
been developed and reviewed by the State of California and enforcement. 
NMFS estimates that this new trawl RCA boundary will be implemented in 
mid-May 2003.
    In addition, measures to slow the incidental catch of bocaccio 
rockfish inshore of the trawl RCA are being implemented by prohibiting 
trawling inshore of 200 fm (366 m) during period 4 (July-August). 
Currently, the offshore line is at 250 fm (457 m) between 40[deg]10' N. 
lat. and 38[deg] N. lat. and at 150 fm (274 m) from 38[deg] N. lat. to 
the US/Mexico border. For May-June and September-December, the inshore 
boundary line in the trawl RCA south of 40[deg]10' N. lat. will remain 
the same (60 fm (110 m) between 40[deg]10' N. lat. and 34[deg]27' N. 
lat., 100 fm (183 m) from 34[deg]27' N. lat. to the US/Mexico border), 
while the offshore boundary line will move to 200 fm (366 m) as soon as 
announced in a future Federal Register. In addition, language was added 
to period 6 (November-December) to allow the trawl RCA to be modified 
to incorporate petrale sole fishing grounds. These petrale sole areas 
have not yet been developed, but will be announced in the Federal 
Register once they are available.

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

    For May-December, the 2-month cumulative limits for the DTS trawl 
fishery occurring south of 40[deg]10' N. lat. will be increased from 
the May-June period as follows: Dover sole will be increased from 
25,000 lb (11,340 kg) to 31,000 lb (14,061 kg) for May-June and 
September-December and 35,000 lb (15,876 kg) for July-August; 
shortspine thornyhead will be increased from 2,400 lb (1,089 kg) to 
2,800 lb (1,270 kg) for May-June and September-December and 3,100 lb 
(1,406 kg) for July-August; longspine thornyhead will be increased from 
9,000 lb (4,082 kg) to 14,000 lb (6,350 kg) for May-June and September-
December and 16,000 lb (7,257 kg) for July-August; and sablefish will 
be increased from 7,000 lb (3,175 kg) to 10,000 lb (4,536 kg) for May-
June and September-December and 12,000 lb (5,443 kg) for July-August.

Limited Entry Trawl Gear Sublimits for Petrale sole South of 40[deg]10' 
N. lat.

    For May-October, the 2-month cumulative sublimit for petrale sole 
landed with the 'all other flatfish' category south of 40[deg]10' N. 
lat. will be increased from 10,000 lb (4,536 kg) to 20,000 lb (9,072 
kg).

Corrections

    There are errors in the final rule (68 FR 11182, March 7, 2003) 
that need correcting and paragraphs that need clarification, including: 
a correction to

[[Page 23905]]

the bag limits for greenling in California's recreational fishery north 
of 40[deg]10' N. latitude; a correction to the limited entry fixed gear 
and open access Pt. Fermin/Newport South Jetty area opening during July 
through August to specify which species are subject to this opening; a 
clarification of who is subject to restrictions for the nontrawl gear 
RCA; a clarification on groundfish retention in the open access pink 
shrimp and prawn trawl fisheries; and a clarification on limited entry 
trawl trip limit tables for whiting and midwater trawl gear.
    Federal recreational regulations should mirror state regulations, 
except that the states may have more restrictive regulations than 
Federal regulations. For California's recreational fishery north of 
40[deg]10' N. lat. to the California/Oregon border, Federal regulations 
impose a 10 greenling (rock and/or kelp greenling) bag limit while 
State regulations in the California code of Regulations at Title 14, 
Section 28.29 impose a 10 kelp greenling and 10 rock greenling bag 
limit. This document corrects the error in Federal regulations, 
therefore, Federal regulations mirror California State regulations.
    For the limited entry fixed gear and open access fixed gear fleets, 
an area between Pt. Fermin and the Newport South Jetty is scheduled to 
open from July through August. Federal regulations incorrectly stated 
that this area applies to all Federal groundfish species in the limited 
entry fixed gear and open access tables (Tables 4 (South) and 5 
(South)). The intent of California's California Rockfish Conservation 
Area proposal presented to the Pacific Council at its September 2002 
meeting, as well as language in California's Code of Regulations at 
Title 14, Section 27.82 (d)(2), was that this area should be open to 
limited entry fixed gear and open access fixed gear for all Federal 
groundfish species, except all rockfish, lingcod and ocean whitefish 
(Note: Ocean whitefish is a managed by the State of California). This 
area is intended to be open during July-August to allow vessels to 
intercept California scorpionfish that are spawning on the sandy flats. 
This document corrects the error by specifying which species are 
subject to the Pt. Fermin/Newport South Jetty opening.
    There has been some confusion among fishermen and managers about 
which open access participants are subject to the non-trawl RCA 
restrictions. In general, fishing for groundfish and Pacific halibut 
with non-trawl gear is prohibited in the non-trawl RCA. Fishing for 
salmon with troll gear is allowed within the non-trawl RCA; however, no 
groundfish may be retained either within or outside the RCA on a trip 
when any fishing occurs within the RCA (except that yellowtail 
rockfish, subject to the limits for salmon trollers in Table 5 (North), 
may be retained both inside and outside the non-trawl RCA). If salmon 
trollers fish exclusively outside the RCA during the entire trip, then 
all groundfish may be retained, subject to the trip limits in the open 
access tables (Table 5 (North) and Table 5 (South)). This document 
includes clarification of who is subject to restrictions in the non-
trawl RCA.
    This document also clarifies regulations for the open access 
fishery by stating that participants in the open access pink shrimp 
trawl and prawn trawl fisheries may retain groundfish caught both 
within and outside the trawl RCA and participants in the salmon troll 
fisheries may retain yellowtail rockfish caught both within and outside 
the non-trawl RCA, subject to the trip limits and restrictions in the 
open access tables (Table 5 (North) and Table 5 (South)).
    To clarify which gears may retain the whiting trip limit in the 
limited entry trawl trip limit tables (Table 3 (North) and Table 3 
(South)), the reference to midwater trawl gear in the lefthand column 
of the tables under ``whiting'' was removed. Midwater trawl gear is 
only required for participation in the whiting primary season inside 
the trawl RCA. In addition, language was added to top of Table 3 
(North) and Table 3 (South) stating that midwater trawl gear is 
permitted both shoreward and seaward of the trawl RCAs.

NMFS Actions

    For the reasons stated herein, NMFS concurs with the Pacific 
Council's recommendations and hereby announces the following changes, 
corrections and clarifications to the 2003 specifications and 
management measures (68 FR 11182, March 7, 2003, as amended at 68 FR 
18166, April 15, 2003) to read as follows:
* * * * *

1. On page 11204, in section IV., under A. General Definitions and 
Provisions, paragraph (15)(c) is redesignated as paragraph (15)(d) and 
revised and a new paragraph (15)(c) is added to read as follows:

IV. NMFS Actions

A. General Definitions and Provisions

    (15) Platooning-Limited entry trawl vessels. * * *
    (c) For a vessel in the trawl ``B'' platoon, the RCAs for the 
cumulative limit period beginning May 16 through June 30, 2003, will be 
the same for the ``A'' platoon. For the remainder of the ``B'' platoon 
cumulative limit period, from July 1 through July 15, 2003, the ``B'' 
platoon will be subject to the RCAs that were in place for the ``A'' 
platoon through June 30, 2003.
    (d) A vessel authorized to operate in the ``B'' platoon will have 
the same cumulative trip limits for the November 16, 2003, through 
December 31, 2003, period as a vessel operating in the ``A'' platoon 
has for the November 1, 2003, through December 31, 2003 period.
* * * * *
    2. On page 11206, in section IV., under A. General Definitions and 
Provisions, paragraph (19)(d)(i) is revised to read as follows:

IV. NMFS Actions

A. General Definitions and Provisions

    (19) Rockfish Conservation Areas. * * *
    (d) Non-Trawl (Limited Entry Fixed Gear and Open Access Nontrawl 
Gears) Rockfish Conservation Area. (i) The non-trawl RCA is closed to 
fishing for groundfish using non-trawl gear (limited entry or open 
access longline and pot or trap, open access hook-and-line, jig gear, 
pot or trap, gillnet, set net, trammel net, spear, or any other non-
trawl gear). Fishing with non-trawl gear is prohibited within the non-
trawl gear RCA. It is unlawful to take and retain, possess, or land 
groundfish taken with non-trawl gear in the non-trawl gear RCA. Limited 
entry fixed gear and open access non-trawl gear vessels may transit 
through the non-trawl gear RCA, with or without groundfish on board. 
Vessels fishing for species other than groundfish with non-trawl gear 
(except for vessels fishing for Pacific halibut), may fish for species 
other than groundfish in the non-trawl RCA, but may not retain any 
groundfish. If a vessel fishes in an RCA, it may not participate in any 
fishing on that trip that is inconsistent with the restrictions that 
apply within the RCA. For example, if a vessel participates in the 
salmon troll fishery within the RCA, the vessel cannot on the same trip 
participate in the sablefish fishery outside of the RCA, nor may it on 
the same trip retain groundfish caught with salmon troll gear either 
within or outside the RCA. If a vessel participates in the salmon troll 
fishery exclusively outside the RCA, that vessel may retain groundfish, 
or may switch fishing strategies to target sablefish outside the RCA. 
Notwithstanding the above, salmon trollers may retain and land 
yellowtail rockfish both within and outside the RCA north of 40[deg]10' 
N. lat. subject to the

[[Page 23906]]

limits listed for salmon trollers in Table 5 (North). [Note: Fishing in 
the commercial fishery for Pacific halibut is prohibited inside the 
non-trawl RCA north of 40[deg]10' N. lat. to the U.S./Canada border as 
stated in the 2003 Pacific halibut fishery regulations published in the 
Federal Register at 68 FR 10989 (March 7, 2003).]
* * * * *
    3. On page 11217, in section IV., under B. Limited Entry Fishery, 
paragraph (1) is revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (1) General. Most species taken in limited entry fisheries will be 
managed with cumulative trip limits (see paragraph IV.A.(1)(d),) size 
limits (see paragraph IV.A.(6)), seasons (see paragraph IV.A. (7)), and 
areas that are closed to specific gear types. The trawl fishery has 
gear requirements and trip limits that differ by the type of trawl gear 
on board (see paragraph IV.A.(14)). Cowcod retention is prohibited in 
all fisheries and groundfish vessels operating south of Point 
Conception must adhere to CCA restrictions (see paragraph IV.A.(19)). 
Yelloweye rockfish retention is prohibited in the limited entry fixed 
gear fisheries. Most of the management measures for the limited entry 
fishery are listed above and in the following tables: Table 3 (North), 
Table 3 (South), Table 4 (North), and Table 4 (South).
    A header in Table 3 (North), Table 3 (South), Table 4 (North) and 
Table 4 (South) generally describes the Rockfish Conservation Area 
(i.e., closed area) for vessels participating in the limited entry 
fishery. The RCA boundaries are defined by latitude and longitude 
coordinates (See paragraph IV.A.(19), earlier) [Note: Between a line 
drawn due south from Point Fermin (33[deg]42' 30'' N. lat.; 118[deg]17' 
30'' W. long.) and a line drawn due west from the Newport South Jetty 
(33[deg]35'37'' N. lat.; 117[deg]52'50'' W. long.,) vessels fishing for 
all Federal groundfish species, except all rockfish and lingcod, with 
hook-and-line and/or trap (or pot) gear may operate from shore to a 
boundary line approximating 50 fm (91 m) in the months of July and 
August.]
    Management measures may be changed during the year by announcement 
in the Federal Register. However, the management regimes for several 
fisheries (nontrawl sablefish, Pacific whiting, and black rockfish) do 
not neatly fit into these tables and are addressed immediately 
following Table 3 (North), Table 3 (South), Table 4 (North), and Table 
4 (South).
* * * * *
    4. On pages 11218-11221, in section IV., under B. Limited Entry 
Fishery, at the end of paragraph (1), Table 3 (North), Table 3 (South) 
and Table 4 (South) are revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (1) * * *
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* * * * *
    5. On page 11222, in section IV., under B. Limited Entry Fishery, 
in column 1, add paragraph (2)(b)(i)(A) to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (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 in excess of this ratio. 
``Dressed'' halibut in this area means halibut landed eviscerated with 
their heads on. Halibut taken and retained in the primary sablefish 
fishery north of Pt. Chehalis may only be landed north of Pt. Chehalis 
and may not be possessed or landed south of Pt. Chehalis.
    (B) [Reserved]
* * * * *
    6. On page 11222, in section IV., under C. Trip Limits in the Open 
Access Fishery, paragraph (1) is revised to read as follows:

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery

    (1) General. Open access gear is gear used to take and retain 
groundfish from a vessel that does not have a valid permit for the 
Pacific Coast groundfish fishery with an endorsement for the gear used 
to harvest the groundfish. This includes longline, trap, pot, hook-and-
line (fixed or mobile), setnet and trammel net (south of 38[deg] N. 
lat. only), and exempted trawl gear (trawls used to target non-
groundfish species: pink shrimp or prawns, and, south of Pt. Arena, CA 
(38[deg]57'30'' N. lat.), CA halibut or sea cucumbers). Unless 
otherwise specified, a vessel operating in the open access fishery is 
subject to, and must not exceed any trip limit, frequency limit, and/or 
size limit for the open access fishery. Groundfish species taken in 
open access fisheries will be managed with cumulative trip limits (see 
paragraph IV.A.(1)(d)), size limits (see paragraph IV.A.(6)), seasons 
(see paragraph IV.A.(7)), and closed areas. Cowcod retention is 
prohibited in all fisheries and groundfish vessels operating south of 
Point Conception must adhere to CCA restrictions (see paragraph 
IV.A.(19)). Retention of yelloweye rockfish and canary rockfish and, 
south of 40[deg]10' N. lat., bocaccio is prohibited in all open access 
fisheries. The trip limits, size limits, seasons, and other management 
measures for open access groundfish gear, including exempted trawl 
gear, are listed in Table 5 (North) and Table 5 (South). A header in 
Table 5 (North) and Table 5 (South) approximates the RCA (i.e., closed 
area) for vessels participating in the open access fishery. [Note: 
Between a line drawn due south from Point Fermin (33[deg]42'30'' N. 
lat.; 118[deg]17'30'' W. long.) and a line drawn due west from the 
Newport South Jetty (33[deg]35'37'' N. lat.; 117[deg]52'50'' W. long.,) 
vessels fishing for all Federal groundfish species, except all rockfish 
and lingcod, with hook-and-line and/or trap (or pot) gear may operate 
from shore to a boundary line approximating 50 fm (91 m) in the months 
of July and August.] For vessels participating in exempted trawl 
fisheries, the RCAs are the same as those for limited entry trawl gear, 
except that pink shrimp and prawn trawl are not subject to the RCA. 
Exempted trawl gear RCAs are detailed in the exempted trawl gear 
sections at the bottom of Table 5 (North) and Table 5 (South). 
Retention of groundfish caught by exempted trawl gear is prohibited in 
the designated RCAs, except that pink shrimp trawl and prawn trawl may 
retain groundfish caught both inside and outside the trawl RCA subject 
to the limits in Table 5 (North) and Table 5 (South). Retention of 
groundfish caught by salmon troll gear is prohibited in the designated 
RCAs, except that salmon trollers may retain yellowtail rockfish caught 
both inside and outside the non-trawl RCA subject to the limits in 
Table 5 (North). The trip limit at 50 CFR 660.323(a)(1) for black 
rockfish caught with hook-and-line gear also applies. (The black 
rockfish limit is repeated at paragraph IV.B.(4).)
* * * * *
    7. On pages 11224-11225, in section IV., under C. Trip Limits in 
the Open Access Fishery, at the end of paragraph (1), Table 5 (North) 
and Table 5 (South) are revised to read as follows:

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery

    (1) * * *
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* * * * *
    8. On page 11226, in column 3, section IV., under D. Recreational 
Fishery, paragraph (3)(a)(i)(B) is revised to read as follows:

IV. NMFS Actions

    D. Recreational Fishery * * *
    (3) California. * * *
    (a) North of 40[deg]10' N. lat. * * *
    (i) \ * * *
    (B) Bag limits, boat limits, hook limits. North of 40[deg]10' N. 
lat., the bag limit is 10 rockfish per day, of which no more than 2 may 
be bocaccio, 1 may be canary rockfish, and no more than 1 per day up to 
a maximum of 2 per boat may be yelloweye rockfish. The following daily 
bag limits also apply: no more than 10 cabezon per day and no more than 
10 kelp greenling and 10 rock greenling per day. 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.
* * * * *

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 (AA), 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, 
2003, and affording prior notice and opportunity for public comment 
would impede the agency's function of managing fisheries to approach 
without exceeding the OYs for federally managed species. The trip 
limits adjustments in this document are increases from the status quo 
with simultaneous conservative increases or shifts in the closed areas, 
or RCAs. Increases or shifts to RCAs must be implemented in a timely 
manner to protect overfished groundfish species and to prevent the 
harvest of overfished species from exceeding the OY for 2003, while 
increases to trip limits are intended to allow harvest opportunity for 
fisheries targeting more abundant groundfish stocks with little or no 
impact on overfished stocks. Because the Pacific Coast groundfish 
fishery is managed by trip limits and area closures, 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, 2003) to prevent fishers from fishing in 
areas where overfished species, particularly canary rockfish and 
bocaccio, are likely to occur during that period before the new RCA 
lines go into place. Allowing fishers to continue harvesting in areas 
where canary and bocaccio occur after the start of the cumulative trip 
limit period may cause premature fishery closures or more severe trip 
limit reductions and area closures in the future. The 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 of increased harvest 
opportunity. In addition, the affected public had the opportunity to 
comment on these actions at the April 7-11, 2003, 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). In addition, 
provisions that relieve a restriction are not subject to a 30-day delay 
in effectiveness under 5 U.S.C. 553(d)(i).
    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: April 30, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-11084 Filed 5-1-03; 10:53 am]
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