[Federal Register Volume 68, Number 141 (Wednesday, July 23, 2003)]
[Rules and Regulations]
[Pages 43473-43479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18731]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021209300-3048-02; I.D. 112502C]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Groundfish Fishery Management 
Measures; Corrections

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

ACTION: Corrections to the 2003 specifications and management measures.

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SUMMARY: NMFS announces corrections to the Pacific Coast groundfish 
management measures published on March 7, 2003. South of 40[deg]10' N. 
lat., references to an area between Point Fermin and Newport South 
Jetty open during July and August to limited entry fixed gear and open 
access groundfish fisheries is corrected to allow California 
scorpionfish retention. Regulatory language referring to exempted prawn 
trawl in the open access fishery is clarified to only allow fishing 
inside the Rockfish Conservation Area (RCA) north of 40[deg]10' N. lat. 
as stated in the trip limit tables (Table 5 (North) and Table 5 
(South)). This action also includes a correction to latitude and 
longitude coordinates for the RCA 75 fm (137 m) boundary. Typographical 
errors were corrected for these coordinates in a previous correction 
published on April 15, 2003, to the final rule but erroneously omitted 
in the most recent inseason action published on July 7, 2003).

DATES: Effective 0001 hours local July 22, 2003, until the 2004 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superseded, or rescinded through a publication in the Federal Register.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

[[Page 43474]]

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 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), at 68 FR 32680 (June 2, 
2003), 68 FR 35575 (June 16, 2003) and at 68 FR 40187 (July 7, 2003).
    Management measures for the Pacific Coast groundfish fishery, 
effective March 1-December 31, 2003 (68 FR 11182, March 7, 2003), 
contain errors in which species are subject to the limited entry fixed 
gear and open access Pt. Fermin/Newport South Jetty area (also known as 
Huntington Flats) opening during July through August. The inseason 
action published on May 6, 2003 (68 FR 23901), initially corrected the 
Pt. Fermin/Newport South Jetty area opening from applying to all 
Federal groundfish species to applying to all Federal groundfish 
species, except all rockfish and lingcod. The correction in the 
inseason action published on May 6, 2003, stated, ``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 
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.'' However, language 
allowing California scorpionfish to be retained in the Pt. Fermin/
Newport South Jetty area during the July through August opening was 
inadvertently left out of the May 6, 2003 correction. Since California 
scorpionfish is a species of rockfish, the language in the May 6, 2003 
inseason action prohibits fishing for all rockfish in the Pt. Fermin/
Newport South Jetty area, including mistakenly prohibiting fishing for 
California scorpionfish. This document corrects the error by specifying 
that fishing for California scorpionfish is permitted during the Pt. 
Fermin/Newport South Jetty opening.
    In addition, regulatory language in the open access fishery section 
of the management measures (paragraph IV.C.(1)) referring to exempted 
prawn trawl in the open access fishery is clarified in this document to 
only allow fishing inside and retention of groundfish caught in the 
Rockfish Conservation Area (RCA) north of 40[deg]10' N. lat. as stated 
in the trip limit tables (Table 5 (North) and Table 5 (South)).

NMFS Actions

0
For the reasons stated herein, NMFS announces the following corrections 
to the 2003 specifications and 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 23924 (May 6, 2003), at 68 FR 32680 (June 2, 
2003) at 68 FR 35575 (June 16, 2003) and at 68 FR 40187 (July 7, 2003)) 
to read as follows:
* * * * *

PART 660--[CORRECTED]

0
1. On page 11206, in section IV., under A. General Definitions and 
Provisions, paragraph (19)(e)(ii) is corrected 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:
* * * * *
    (19) 48[deg]05.91' N. lat., 125[deg]08.30' W. long.;
    (20) 48[deg]07.00' N. lat., 125[deg]09.80' W. long.;
    (21) 48[deg]06.93' N. lat., 125[deg]11.48' W. long.;
    (22) 48[deg]04.98' N. lat., 125[deg]10.02' W. long.;
* * * * *
0
2. 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 lingcod and all rockfish other 
than California scorpionfish, with hook-and-line and/or trap (or pot) 
gear may operate from shore to a seaward boundary line which 
approximates 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).
* * * * *

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3. On page 11221, in section IV., under B. Limited Entry Fishery, at 
the end of paragraph (1), Table 4 (South) is revised to read as 
follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (1) * * *
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4. 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 lingcod and 
all rockfish other than California scorpionfish, with hook-and-line 
and/or trap (or pot) gear may operate from shore to a seaward boundary 
line which approximates 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, north of 40[deg]10' N. lat., 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, north of 
40[deg]10' N. lat., 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).)
* * * * *
0
5. 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) * * *
* * * * *

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

    Dated: July 17, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-18731 Filed 7-22-03; 8:45 am]
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