[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40187-40205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17058]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021209300-3048-02; I.D. 062703A]


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

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

ACTION: Inseason adjustments to trip limits and the trawl rockfish 
conservation area boundaries; correction to trawl rockfish conservation 
area boundaries; request for comments.

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

SUMMARY: NMFS announces changes to trip limits and the trawl rockfish 
conservation area (RCA) for the Pacific Coast groundfish fishery. Trip 
limit adjustments include changes to the limited entry trawl (Dover 
sole, thornyhead, sablefish) (DTS) limits coastwide and the limited 
entry fixed gear and open access minor nearshore rockfish limits 
coastwide. Changes to the trawl RCA during the months of July and 
August will restore nearshore fishing opportunities by moving the 
eastern boundary of the trawl RCA into deeper waters. For the trawl 
``A'' platoon, trip limit adjustments and changes to the trawl RCA will 
be effective July 1, 2003. Inseason adjustments to trip limits and the 
trawl RCA for the trawl ``B'' platoon will be effective July 16, 2003. 
These actions, which are authorized by the Pacific

[[Page 40188]]

Coast Groundfish Fishery Management Plan (FMP), will allow fisheries 
access to more abundant groundfish stocks while protecting overfished 
and depleted stocks.

DATES: Changes to management measures are effective 0001 hours (local 
time) July 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measures are effective, unless modified, superseded, or rescinded 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 July 31, 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: Carrie Nordeen or Jamie Goen 
(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 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 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 has 
been subsequently amended at 68 FR 18166 (April 15, 2003), at 68 FR 
23901 (May 6, 2003), at 68 FR 23924 (May 6, 2003), and at 68 FR 32680 
(June 2, 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 June 16-20, 2003, 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 2003 optimum yields (OYs) and 
allocations.

Trawl Rockfish Conservation Area (RCA) North of 40[deg]10' N. Lat.

    When the 2003 specifications and management measures were developed 
for the Pacific Coast groundfish fishery in the fall of 2002, the 
Pacific Council's Groundfish Management Team (GMT) developed a bycatch 
scorecard to project and track estimated mortality of overfished 
groundfish species during 2003. This scorecard is updated throughout 
the year as catch data become available. At the Pacific Council's June 
meeting, the scorecard was updated for canary rockfish, an overfished 
species, with catch data based on projected harvest under inseason 
adjustments for the May - June cumulative period, catch in Oregon's 
recreational fishery, catch under Washington's spiny dogfish shark and 
walleye pollock exempted fishing permits (EFPs), and information on 
vessel participation and target species by depth from 2002 fish tickets 
and logbooks. Based on these data, an additional 3.5 mt of canary 
rockfish is available to be harvested as incidental catch, in order to 
allow the access to more abundant species, during 2003 without 
exceeding the canary rockfish OY.
    In order to provide additional fishing opportunity for the trawl 
fishery that has been severely restricted to reduce the incidental 
catch of canary rockfish, the size of the trawl RCA (the area closed to 
most fishing with trawl gear) is being decreased during the months of 
July and August. At their April 7-11, 2003, meeting in Vancouver, WA, 
the Pacific Council recommended that preliminary observer-based trawl 
bycatch rates be incorporated into the bycatch model used to develop 
inseason adjustments to trip limits and area closures. These observer-
based trawl bycatch rates indicated that canary rockfish bycatch in the 
trawl fishery north of 40[deg]10' N. lat. is higher than previously 
estimated. Based on that new information, in May 2003, the trawl RCA 
was shifted to better align with areas where canary rockfish were 
encountered (between latitude and longitude coordinates that 
approximate the 50-fm (91-m) and 200-fm (366-m) depth contours) to slow 
that catch of canary rockfish. Using 2.85 mt (2,850 kg) of the 
additional 3.5 mt (3,500 kg) of canary rockfish available for harvest 
during 2003, this inseason action will restore trawl fishing 
opportunity by returning the eastern trawl RCA boundary to latitude and 
longitude coordinates approximating the 75-fm (137-m) depth contour. In 
addition to providing fishing opportunity, moving the eastern trawl RCA 
boundary out into deeper waters during July and August is expected to 
decrease interactions between the trawl fleet and molting, soft-shelled 
Dungeness crab found shoreward of 50-fm (91-m). In short, during the 
months of July and August, the trawl RCA will extend between latitude 
and longitude coordinates approximating the 75-fm (137-m) and 200-fm 
(366-m) depth contours. During the months of September - December, the 
trawl RCA will remain as previously scheduled, extending between 
coordinates approximating the 50-fm (91-m) and 200-fm (366-m) depth 
contours, with a western boundary modified to incorporate petrale 
fishing areas during November and December.
    In the final rule announcing Pacific Coast annual specifications 
and management measures for March - December (68 FR 11182, March 7, 
2003), a correction was made to the 75-fm (137-m) RCA boundary to 
prevent it from intersecting with the 100-fm (183-m) RCA boundary north 
of 40[deg]10' N. lat. This correction proved to be too coarse, 
resulting in the 75-fm (137-m) RCA boundary not closely following the 
75-fm (137-m) depth contour in one section of the coast off Washington. 
Therefore, this inseason action will also correct the 75-fm (137-m) RCA 
boundary to better align it with the 75-fm (137-m) depth contour.

Limited Entry Trawl Limits for the DTS (Dover Sole, Thornyhead, 
Sablefish) Fishery Coastwide

    In an effort to provide for fishing opportunity along the coast 
while keeping groundfish species within their respective 2003 OYs, the 
Pacific Council recommended trip limit adjustments for the DTS fishery. 
The GMT and the Pacific Council's Groundfish Advisory Panel (GAP) 
weighed the expected catch of canary rockfish and DTS species 
associated with previously scheduled DTS trip limits and RCA boundaries

[[Page 40189]]

against the expected catch of canary rockfish and DTS species 
associated with moving the eastern boundary of the trawl RCA south of 
40[deg]10' N. lat. into deeper water (discussed below) when making DTS 
trip limit adjustments. Their goal was to provide adequate fishing 
opportunity while keeping the harvest of DTS species on track for the 
year and keeping the total mortality of canary rockfish within amounts 
forecast in the bycatch scorecard and within the canary rockfish OY.
    Landed catch data through May 24, 2003, indicate that sablefish 
trawl catch was at 28 percent of the annual target with greater than 50 
percent forecast to be taken within the last half of the year. There is 
a great deal of uncertainty in observer-based discard rates for 
sablefish. Should the final analysis of the observer-based discard 
rates result in higher estimates being used in 2003, the calculated 
harvest of sablefish may be greater than currently projected. Because 
new observer data will be available in September, the Pacific Council 
chose to slow the catch of sablefish during July and August, to ensure 
harvest opportunities through the end of the year, with the intent of 
increasing sablefish trawl trip limits later in the year, if possible. 
Therefore, the limited entry trawl sablefish limit north of 40[deg]10' 
N. lat. is decreased from the previously scheduled limit of 10,000 lb 
(4,536 kg) per 2 months to 9,000 lb (4,082 kg) per 2 months, providing 
that only large footrope or midwater trawl gear is used to land any 
groundfish species during the entire limit period. The limited entry 
small footrope trawl sablefish limit, (i.e., if small footrope gear is 
used at any time in any area (north or south, seaward or shoreward of 
the RCA) during the entire limit period) remains unchanged at 3,000 lb 
(1,361 kg) per 2 months. South of 40[deg]10' N. lat., the limited entry 
trawl sablefish limit is decreased from the previously scheduled limit 
of 12,000 lb (5,443 kg) per 2 months to 9,000 lb (4,082 kg) per 2 
months.
    Landed catch data through May 24, 2003, indicate that Dover sole 
catch was at 38 percent of the annual target. North of 40[deg]10' N. 
lat., the Pacific Council recommended that Dover sole trip limits 
increase to allow for Dover sole retention by those vessels fishing 
seaward of the RCA. South of 40[deg]10' N. lat., Dover sole limits were 
previously scheduled to increase during July and August in compensation 
for lack of nearshore fishing opportunity. Because nearshore fishing 
opportunity was restored by moving the eastern trawl RCA boundary into 
deeper water, Dover sole trip limits were decreased to minimize the 
incidental catch of overfished species. Therefore, the limited entry 
trawl Dover sole limit north of 40[deg]10' N. lat. is increased from 
the previously scheduled limit of 31,000 lb (14,061 kg) per 2 months to 
34,000 lb (15,513 kg) per 2 months, providing that only large footrope 
or midwater trawl gear is used to land any groundfish species during 
the entire limit period. The limited entry small footrope trawl Dover 
sole limit, (i.e., if small footrope gear is used at any time in any 
area (north or south, seaward or shoreward of the RCA) during the 
entire limit period) remains unchanged at 12,500 lb (5,670 kg) per 2 
months. South of 40[deg]10' N. lat., the limited entry trawl Dover sole 
limit is decreased from the previously scheduled limit of 35,000 lb 
(15,876 kg) per 2 months to 34,000 lb (15,513 kg) per 2 months.
    Landed catch data indicate that shortspine thornyhead catch is 
higher than expected (44 percent of the annual target through May 24, 
2003). Shortspine thornyhead is a long-lived species that cannot 
sustain aggressive harvest rates. This makes it a constraining species 
for the DTS complex fishery, because coincidental catch of shortspine 
thornyhead may prevent the harvest of Dover sole and longspine 
thornyhead. In order to keep the shortspine thornyhead catch within its 
2003 OY while allowing for shortspine thornyhead retention during 
pursuit of sablefish or Dover sole with small footrope trawl gear, the 
Pacific Council recommended an adjustment to shortspine thornyhead trip 
limits. Therefore, the limited entry trawl shortspine thornyhead limit 
north of 40[deg]10' N. lat. is decreased from the previously scheduled 
limit of 2,800 lb (1,270 kg) per 2 months to 2,400 lb (1,089 kg) per 2 
months, providing that only large footrope or midwater trawl gear is 
used to land any groundfish species during the entire limit period. The 
limited entry small footrope trawl shortspine thornyhead limit, (i.e., 
if small footrope gear is used at any time in any area (north or south, 
seaward or shoreward of the RCA) during the entire limit period) is 
increased from the previously scheduled zero retention limit to 1,000 
lb (454 kg) per 2 months. South of 40[deg]10' N. lat., the limited 
entry trawl shortspine thornyhead limit is decreased from the 
previously scheduled limit of 3,100 lb (1,406 kg) per 2 months to 2,400 
lb (1,089 kg) per 2 months.
    Landed catch data through May 24, 2003, indicate that longspine 
thornyhead catch was at 32 percent of the annual target. Because of the 
coincidental catch of shortspine thornyhead with longspine thornyhead 
in combination with moving the eastern boundary of the trawl RCA into 
deeper water during July and August, the catch ratio of shortspine to 
longspine thornyheads is expected to increase. In response to reduced 
trip limits for shortspine thornyhead and the need to maintain the 
catch ratio of 5 lb (2.27 kg) longspine thornyhead to 1 lb (0.45 kg) 
shortspine thornyhead, the Pacific Council also recommended an 
adjustment in longspine thornyhead trip limits. Therefore, the limited 
entry trawl longspine thornyhead limit north of 40[deg]10' N. lat. is 
decreased from the previously scheduled limit of 14,000 lb (6,350 kg) 
per 2 months to 11,500 lb (5,216 kg) per 2 months, providing that only 
large footrope or midwater trawl gear is used to land any groundfish 
species during the entire limit period. The limited entry small 
footrope trawl longspine thornyhead limit, (i.e., if small footrope 
gear is used at any time in any area (north of south, seaward or 
shoreward of the RCA) during the entire limit period) is increased from 
the previously scheduled zero retention limit to 5,000 lb (2,268 kg) 
per 2 months. South of 40[deg]10' N. lat., the limited entry trawl 
longspine thornyhead limit is decreased from the previously scheduled 
limit 16,000 lb (7,257 kg) per 2 months to 11,500 lb (5,216 kg) per 2 
months.

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

    Landed catch of nearshore rockfish in the limited entry fixed gear 
and open access fisheries off northern California is lower than 
anticipated through May 24, 2003. In an effort to enable the northern 
California fishery to achieve its nearshore rockfish harvest guideline, 
the trip limits for minor nearshore rockfish are increased from the 
previously scheduled limit of 3,000 lb (1,361 kg) per 2 months, no more 
than 900 lb (408 kg) of which may be species other than black or blue 
rockfish, to 4,000 lb (1,814 kg) per 2 months, no more than 1,200 lb 
(544 kg) of which may be species other than black or blue rockfish. 
This trip limit increase is consistent with Oregon's plans to proceed 
toward their nearshore rockfish catch cap. However, because the Oregon 
fishery is proceeding on schedule with their harvest of black and blue 
rockfish, this trip limit increase may require Oregon to take 
independent, State action at a later date to constrain their nearshore 
rockfish fishery in order to stay within their black rockfish catch 
cap.

[[Page 40190]]

Limited Entry Fixed Gear and Open Access Minor Nearshore Rockfish 
Limits South of 40[deg]10' N. Lat.

    Because landings of minor nearshore rockfish south of 40[deg]10' N. 
lat. are higher than expected, there is concern whether this fishery 
will remain open the entire year. In order to ensure fishing 
opportunity later in the year, when market values for nearshore 
rockfish species are high, the Pacific Council recommended a decrease 
in the shallow nearshore rockfish limit. Therefore, the limited entry 
fixed gear and open access shallow minor nearshore rockfish limit south 
of 40[deg]10' N. lat. is decreased during the months of July and August 
from the previously scheduled limit of 500 lb (227 kg) per 2 months to 
400 lb (181 kg) per 2 months. During the months of September and 
October, the limited entry fixed gear and open access shallow minor 
nearshore rockfish limit south of 40[deg]10' N. lat. is similarly 
decreased from the previously scheduled limit of 400 lb (181 kg) per 2 
months to 300 lb (136 kg) per 2 months.
    Landings of deeper nearshore rockfish species are not accumulating 
as rapidly as the landings of shallow nearshore rockfish. In order to 
keep landings on track for the year and provide harvest opportunity 
during summer months when participation in this fishery is high, the 
Pacific Council recommended that deeper nearshore rockfish trip limits 
be increased. Therefore, the limited entry fixed gear and open access 
deeper minor nearshore rockfish limit south of 40[deg]10' N. lat. is 
increased during the months of July and August from the previously 
scheduled limit of 400 lb (181 kg) per 2 months to 500 lb (227 kg) per 
2 months. During the months of September and October, the limited entry 
fixed gear and open access deeper minor nearshore rockfish limit south 
of 40[deg]10' N. lat. is similarly increased from the previously 
scheduled limit of 200 lb (91 kg) per 2 months to 300 lb (136 kg) per 2 
months.

Trawl Rockfish Conservation Area (RCA) South of 40[deg]10' N. Lat.

    In exchange for higher limited entry trawl DTS trip limits 
scheduled during May - August 2003, the trawl RCA was scheduled to 
extend from the shoreline to latitude and longitude coordinates 
approximating the 200-fm (366-m) depth contour during the months of 
July and August. This scheduled placement of the RCA was designed to 
reduce nearshore fishing opportunity during those months, thereby, 
slowing the incidental catch of overfished rockfish species (bocaccio 
and canary rockfish). However, based on Pacific Council actions at 
their June meeting, this scheduled reduction of nearshore fishing 
opportunity will not be necessary for three reasons. The first reason 
is that an adequate amount of canary rockfish was made available on the 
Pacific Council's bycatch scorecard, as discussed above, to accommodate 
a modest nearshore fishing opportunity (expected to result in an 
additional 0.05 mt (500 kg) of catch) while still remaining within the 
canary rockfish OY. The second reason is that the GMT and GAP agreed to 
reduce limited entry trawl DTS trip limits coastwide from the 
previously scheduled limits, during the months of July and August, to 
allow for this additional nearshore fishing opportunity. The third 
reason is that an adequate amount of bocaccio was available on the 
bycatch scorecard to allow for this adjustment, which is expected to 
result in an additional 0.8 mt (800 kg) of catch. Therefore, the 
eastern boundary of the trawl RCA will move from the shoreline to 
latitude and longitude coordinates that approximate the 60-fm (110-m) 
depth contour between 40[deg]10' N. lat. and 34[deg]27' N. lat. and the 
100-fm (183-m) depth contour between 34[deg]27' N. lat. and the U.S. 
boundary with Mexico for the months of July and August. Therefore, 
during the months of July and August, the trawl RCA between 40[deg]10' 
N. lat. and 34[deg]27' N. lat. will extend between latitude and 
longitude coordinates that approximate the 60-fm (110-m) and 200-fm 
(366- m) depth contours, and the trawl RCA between 34[deg]27' N. lat. 
and the U.S. border with Mexico will extend between latitude and 
longitude coordinates that approximate the 100-fm (183-m) and 200-fm 
(366-m) depth contours. The trawl RCA around southern California 
islands and seamounts will remain as previously scheduled, extending 
between the shoreline and latitude and longitude coordinates that 
approximate the 200-fm (366-m) depth contour. During the months of 
September - December, the trawl RCA will remain as previously 
scheduled, extending between eastern boundary coordinates approximating 
either the 60-fm (110- m) or 100-fm (183-m) depth contour and western 
boundary coordinates approximating the 200-fm (366-m) depth contour, 
with a western boundary for limited entry trawl modified to incorporate 
petrale fishing areas during November and December.

Non-Trawl Rockfish Conservation Area (RCA) and Recreational Fisheries 
Boundary South of 40[deg]10' N. Lat.

    During 2003, the limited entry fixed gear fleet in California has 
been severely constrained by low trip limits and limited nearshore 
fishing opportunities, with the non-trawl RCA (the area closed to most 
fishing with non-trawl gear) extended from the 20-fm (37-m) depth 
contour to latitude and longitude coordinates approximating the 150-fm 
(274-m) depth contour. These management measures were designed to limit 
the incidental take of bocaccio rockfish and keep the catch of bocaccio 
within is 2003 OY of less than 20 mt (20,000 kg). The recreational 
fishing fleet in California has been similarly constrained, by a 
reduced season length (July - December) and limited nearshore fishing 
opportunities, generally shoreward of the 20-fm (37-m) depth contour, 
to minimize the incidental take of bocaccio. Based on a new stock 
assessment and rebuilding analysis that was available at the June 
meeting, the Pacific Council adopted a range of rebuilding OYs (199 mt 
(199,000 kg) to 526 mt (526,000kg)) for bocaccio in 2004. Taking into 
account this more recent stock assessment information (as compared with 
the OY of less than 20 mt (20,000 kg) for 2003) and the economic 
hardship resulting from restrictive management measures necessary to 
keep the incidental catch of bocaccio within its 2003 OY, the 
California Department of Fish and Game (CDFG) proposed to the Pacific 
Council that the 2003 bocaccio OY be flexible enough to allow for a 
modest increase in nearshore fishing opportunity. Specifically, CDFG 
proposed that during the months of September - December the eastern 
boundary for the non-trawl RCA and recreational fisheries between 
34[deg]27' N. lat. and the U.S. border with Mexico be moved from the 20 
fm (37 m) depth contour out to the 30 fm (55 m) depth contour. This 
boundary change was recommended by the Pacific Council because it would 
provide much needed harvest opportunity and economic relief for limited 
entry fixed gear and recreational fishers with an expected incidental 
take of an additional 2.22 mt (2,220 kg) of bocaccio. The projected 
incidental take of bocaccio associated with moving the eastern trawl 
RCA boundary (the portion south of 40[deg]10' N. lat.) into deeper 
water during July and August, as discussed earlier and implemented with 
this Federal Register document, is not expected to result in the total 
mortality of bocaccio exceeding its 2003 OY. However, the projected 
catch associated

[[Page 40191]]

with changing the eastern boundary of the trawl RCA in combination with 
the projected incidental catch of 2.22 mt (2,200 kg) associated with 
moving the eastern non-trawl RCA/recreational boundary (the portion 
south of 34[deg]27' N. lat.) into deeper water during September - 
December, is expected to result in the bocaccio total mortality 
exceeding the 2003 bocaccio OY by approximately 2 mt (2,000 kg). 
Because of the additional complexities of this proposal, and because it 
does not need to be implemented on July 1, NMFS is not implementing the 
eastern non-trawl RCA and/or recreational fishing boundary change with 
this Federal Register document so as not to delay the July 1 inseason 
adjustment. However, NMFS is considering CDFG's request and the Pacific 
Council's recommendation and any action to change the eastern non-trawl 
RCA/recreational boundary to accommodate CDFG's request and the Pacific 
Council's recommendation will occur in a future action published in the 
Federal Register.

NMFS Actions

    For the reasons stated herein, NMFS concurs with the Pacific 
Council's recommendations implemented herein and hereby announces the 
following changes to the 2003 management measures (68 FR 11182, March 
7, 2003, as amended at 68 FR 18166, April 15, 2003, at 68 FR 23901, May 
6, 2003, at 68 FR 23925, May 6, 2003, and at and at 68 FR 32680, June 
2, 2003) to read as follows:
    1. On page 11206, in section IV., under A. General Definitions and 
Provisions, paragraph (19)(e)(ii) is revised to read as follows:
    (ii) The 75 fm (137 m) depth contour used north of 40[deg]10' N. 
lat. as an eastern boundary for the trawl RCA is defined by straight 
lines connecting all of the following points in the order stated:
    (1) 48[deg]16.08' N. lat., 125[deg]34.90' W. long.;
    (2) 48[deg]14.50' N. lat., 125[deg]29.50' W. long.;
    (3) 48[deg]12.08' N. lat., 125[deg]28.00' W. long.;
    (4) 48[deg]09.00' N. lat., 125[deg]28.00' W. long.;
    (5) 48[deg]07.80' N. lat., 125[deg]31.70' W. long.;
    (6) 48[deg]04.28' N. lat., 125[deg]29.00' W. long.;
    (7) 48[deg]02.50' N. lat., 125[deg]25.70' W. long.;
    (8) 48[deg]10.00' N. lat., 125[deg]20.19' W. long.;
    (9) 48[deg]21.70' N. lat., 125[deg]17.56' W. long.;
    (10) 48[deg]23.12' N. lat., 125[deg]10.25' W. long.;
    (11) 48[deg]21.99' N. lat., 125[deg]02.59' W. long.;
    (12) 48[deg]23.05' N. lat., 124[deg]48.80' W. long.;
    (13) 48[deg]17.10' N. lat., 124[deg]54.82' W. long.;
    (14) 48[deg]05.10' N. lat., 124[deg]59.40' W. long.;
    (15) 48[deg]04.50' N. lat., 125[deg]02.00' W. long.;
    (16) 48[deg]04.70' N. lat., 125[deg]04.08' W. long.;
    (17) 48[deg]05.20' N. lat., 125[deg]04.90' W. long.;
    (18) 48[deg]06.80' N. lat., 125[deg]06.15' W. long.;
    (19) 48[deg]05.91' N. lat., 124[deg]08.30' W. long.;
    (20) 48[deg]07.00' N. lat., 124[deg]09.80' W. long.;
    (21) 48[deg]06.93' N. lat., 124[deg]11.48' W. long.;
    (22) 48[deg]04.98' N. lat., 124[deg]10.02' W. long.;
    (23) 47[deg]54.00' N. lat., 125[deg]04.98' W. long.;
    (24)47[deg]44.52' N. lat., 125[deg]00.00' W. long.;
    (25)47[deg]42.00' N. lat., 124[deg]58.98' W. long.;
    (26)47[deg]35.52' N. lat., 124[deg]55.50' W. long.;
    (27)47[deg]22.02' N. lat., 124[deg]44.40' W. long.;
    (28)47[deg]16.98' N. lat., 124[deg]45.48' W. long.;
    (29)47[deg]10.98' N. lat., 124[deg]48.48' W. long.;
    (30)47[deg]04.98' N. lat., 124[deg]49.02' W. long.;
    (31)46[deg]57.98' N. lat., 124[deg]46.50' W. long.;
    (32)46[deg]54.00' N. lat., 124[deg]45.00' W. long.;
    (33)46[deg]48.48' N. lat., 124[deg]44.52' W. long.;
    (34)46[deg]40.02' N. lat., 124[deg]36.00' W. long.;
    (35)46[deg]34.09' N. lat., 124[deg]27.03' W. long.;
    (36)46[deg]24.64' N. lat., 124[deg]30.33' W. long.;
    (37)46[deg]19.98' N. lat., 124[deg]36.00' W. long.;
    (38) 46[deg]18.14' N. lat., 124[deg]34.26' W. long.;
    (39) 46[deg]18.72' N. lat., 124[deg]22.68' W. long.;
    (40) 46[deg]14.64' N. lat., 124[deg]22.54' W. long.;
    (41) 46[deg]11.08' N. lat., 124[deg]30.74' W. long.;
    (42) 46[deg]04.28' N. lat., 124[deg]31.49' W. long.;
    (43) 45[deg]55.97' N. lat., 124[deg]19.95' W. long.;
    (44) 45[deg]44.97' N. lat., 124[deg]15.96' W. long.;
    (45) 45[deg]43.14' N. lat., 124[deg]21.86' W. long.;
    (46) 45[deg]34.44' N. lat., 124[deg]14.44' W. long.;
    (47) 45[deg]15.49' N. lat., 124[deg]11.49' W. long.;
    (48) 44[deg]57.31' N. lat., 124[deg]15.03' W. long.;
    (49) 44[deg]43.90' N. lat., 124[deg]28.88' W. long.;
    (50) 44[deg]28.64' N. lat., 124[deg]35.67' W. long.;
    (51) 44[deg]25.31' N. lat., 124[deg]43.08' W. long.;
    (52) 44[deg]17.15' N. lat., 124[deg]47.98' W. long.;
    (53) 44[deg]13.67' N. lat., 124[deg]54.41' W. long.;
    (54) 43[deg]56.85' N. lat., 124[deg]55.32' W. long.;
    (55) 43[deg]57.50' N. lat., 124[deg]41.23' W. long.;
    (56) 44[deg]01.79' N. lat., 124[deg]38.00' W. long.;
    (57) 44[deg]02.16' N. lat., 124[deg]32.62' W. long.;
    (58) 43[deg]58.15' N. lat., 124[deg]30.39' W. long.;
    (59) 43[deg]53.25' N. lat., 124[deg]31.39' W. long.;
    (60) 43[deg]35.56' N. lat., 124[deg]28.17' W. long.;
    (61) 43[deg]21.84' N. lat., 124[deg]36.07' W. long.;
    (62) 43[deg]19.73' N. lat., 124[deg]34.86' W. long.;
    (63) 43[deg]09.38' N. lat., 124[deg]39.30' W. long.;
    (64) 43[deg]07.11' N. lat., 124[deg]37.66' W. long.;
    (65) 42[deg]56.27' N. lat., 124[deg]43.29' W. long.;
    (66) 42[deg]45.00' N. lat., 124[deg]41.50' W. long.;
    (67) 42[deg]39.72' N. lat., 124[deg]39.11' W. long.;
    (68) 42[deg]32.88' N. lat., 124[deg]40.13' W. long.;
    (69) 42[deg]32.30' N. lat., 124[deg]39.04' W. long.;
    (70) 42[deg]26.96' N. lat., 124[deg]44.31' W. long.;
    (71) 42[deg]24.11' N. lat., 124[deg]42.16' W. long.;
    (72) 42[deg]21.10' N. lat., 124[deg]35.46' W. long.;
    (73) 42[deg]14.72' N. lat., 124[deg]32.30' W. long.;
    (74) 42[deg]09.24' N. lat., 124[deg]32.04' W. long.;
    (75) 42[deg]01.89' N. lat., 124[deg]32.70' W. long.;
    (76) 42[deg]00.03' N. lat., 124[deg]32.02' W. long.;
    (77) 42[deg]00.00' N. lat., 124[deg]32.02' W. long.;
    (78) 41[deg]46.18' N. lat., 124[deg]26.60' W. long.;
    (79) 41[deg]29.22' N. lat., 124[deg]28.04' W. long.;

[[Page 40192]]

    (80) 41[deg]09.62' N. lat., 124[deg]19.75' W. long.;
    (81) 40[deg]50.71' N. lat., 124[deg]23.80' W. long.;
    (82) 40[deg]43.35' N. lat., 124[deg]29.30' W. long.;
    (83) 40[deg]40.24' N. lat., 124[deg]29.86' W. long.;
    (84) 40[deg]37.50' N. lat., 124[deg]28.68' W. long.;
    (85) 40[deg]34.42' N. lat., 124[deg]29.65' W. long.;
    (86) 40[deg]34.74' N. lat., 124[deg]34.61' W. long.;
    (87) 40[deg]31.70' N. lat., 124[deg]37.13' W. long.;
    (88) 40[deg]25.03' N. lat., 124[deg]34.77' W. long.;
    (89) 40[deg]23.58' N. lat., 124[deg]31.49' W. long.;
    (90) 40[deg]23.64' N. lat., 124[deg]28.35' W. long.;
    (91) 40[deg]22.53' N. lat., 124[deg]24.76' W. long.;
    (92) 40[deg]21.46' N. lat., 124[deg]24.86' W. long.;
    (93) 40[deg]21.74' N. lat., 124[deg]27.63' W. long.;
    (94) 40[deg]19.76' N. lat., 124[deg]28.15' W. long.;
    (95) 40[deg]18.00' N. lat., 124[deg]25.38' W. long.;
    (96) 40[deg]18.54' N. lat., 124[deg]22.94' W. long.;
    (97) 40[deg]15.55' N. lat., 124[deg]25.75' W. long.;
    (98) 40[deg]16.06' N. lat., 124[deg]30.48' W. long.;
    (99) 40[deg]15.75' N. lat., 124[deg]31.69' W. long.; and
    (100) 40[deg]10.00' N. lat., 124[deg]21.28' W. long.
* * * * *
    2. On pages 11218-11221, in section IV., under B. Limited Entry 
Fishery, at the end of paragraph (1), Table 3 (North), Table 3 (South, 
Table 4 (North), and Table 4 (South) are revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

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

[[Page 40193]]

[GRAPHIC] [TIFF OMITTED] TR07JY03.000


[[Page 40194]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.001


[[Page 40195]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.002


[[Page 40196]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.003


[[Page 40197]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.004


[[Page 40198]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.005


[[Page 40199]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.006


[[Page 40200]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.007

    3. On page 11225, in section IV., under C. Trip Limits in the Open 
Access Fishery, at the end of paragraph (1), Table 5 (South) is revised 
to read as follows:

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery

    (1) * * *

[[Page 40201]]

[GRAPHIC] [TIFF OMITTED] TR07JY03.008


[[Page 40202]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.009


[[Page 40203]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.010


[[Page 40204]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.011


[[Page 40205]]


[GRAPHIC] [TIFF OMITTED] TR07JY03.012

BILLING CODE 3510-22-C
* * * * *

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 (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 July 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 limit 
adjustments in this document include both increases and decreases from 
previously scheduled trip limits, along with simultaneous shifts in the 
closed areas, or RCAs. Trip limit decreases must be implemented in a 
timely manner to protect overfished groundfish species and slow the 
harvest of other groundfish species, thereby, ensuring harvesting 
opportunities throughout the remainder of the year. Additionally, trip 
limit increases and shifts to the RCA 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 (July 1, 2003) 
otherwise, for species for which the trip limits are being reduced, 
fishers may be able to take the entire two-month cumulative limit 
before the new lower limits are in place, thereby eliminating the 
conservation benefit anticipated from the lower trip limits in July and 
August. The increases to trip limits and reductions to the RCA 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 June 16 20, 2003, Pacific Council meeting. For these 
reasons, good cause also exists to waive the 30 day delay in 
effectiveness requirement under 5 U.S.C. 553 (d)(3). In addition, the 
increased trip limits and reduced RCAs relieve restrictions by 
providing greater harvest opportunities than were previously scheduled 
for the July - August period and thus they are not subject to a 30 day 
delay in effectiveness under 5 U.S.C. 553(d)(1).
    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. 1801 et seq.

    Dated: July 1, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-17058 Filed 7-1-03; 3:46 pm]
BILLING CODE 3510-22-S