[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Proposed Rules]
[Pages 2324-2326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[ID. 010504A]


Fisheries Off West Coast States and in the Western 
Pacific;Pacific Coast Groundfish Fishery; Application for an Exempted 
Fishing Permit

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

ACTION: Notice of receipt of four exempted fishing permit applications, 
announcement of the intent to issue EFPs, request for comments.

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SUMMARY: NMFS announces the receipt of four exempted fishing permit 
(EFP) applications from the Washington State Department of Fish and 
Wildlife (WDFW) and the intent to issue the requested EFPs. If awarded, 
these EFPs will allow vessels with valid Washington State delivery 
permits to harvest and retain federally managed groundfish in Rockfish 
Conservation Areas (RCAs). (RCAs are large-scale depth-related closed 
areas where overfished rockfish species are commonly found) and to 
retain federally managed groundfish species in excess of cumulative 
trip limits. These activities are otherwise prohibited.
    Vessels fishing under each of the EFPs will be required to carry 
either a State-sponsored sampler or a Federal groundfish observer while 
conducting EFP fishing. Samplers/observers will collect catch and 
effort data and retain specimens that are otherwise not available 
shoreside. These EFP proposals are intended to promote the objectives 
of the Pacific Coast Groundfish Fishery Management Plan by providing 
much needed data on total catch, incidental catch rates by fishing 
strategy, and the effectiveness of different gear configuration. The 
information gathered through these EFPs may lead to future rulemakings.

DATES: Comments must be received by January 30, 2004.

ADDRESSES: Comments should be submitted to and copies of the EFP 
application are available from Becky Renko, Northwest Region, NMFS, 
7600 Sand Point Way N.E., Bldg. 1, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Becky Renko (206)526-6110.

SUPPLEMENTARY INFORMATION: This action is authorized by the FMP and 
implementing regulations at 50 CFR 600.745 and 50 CFR 660.350.
    On November 20, 2003, NMFS received four completed EFP applications 
from WDFW. The individual EFP applications are summarized below. The 
applicants presented these EFP applications at the Pacific Fishery 
Management Council's (Council) meeting in November 2003. The Council 
considered the applications and recommended that NMFS issue the EFPs 
for the proposed activity. Copies of the applications are available for 
review from NMFS (see ADDRESSES).
    No optimum yield (OY) is expected to be exceeded as a result of the 
EFP fishing. All groundfish landed under EFPs are counted against the 
OY for those species and will not result in total harvest above the 
established levels announced in the Pacific Coast Groundfish Fishery 
Annual Specifications and Management Measures for 2004. For overfished 
species, specific OY allowances or OY set-a-sides were specified for 
EFP fishing in 2004. Therefore, each EFP will have overall harvest 
limits for the overfished species. If a harvest limit is reached for 
any of the overfished species, the EFP will be terminated. Each EFP 
will also contain individual vessel limits for specified overfished 
rockfish stocks. If a vessel achieves any of these individual vessel 
limits, restrictions specified in the EFP will be imposed.
    Each EFP requires the participating vessels to carry a State-
sponsored sampler or Federal groundfish observer. Observers will 
collect data that can be used to estimate incidental catch rates, total 
catch by species or species groups, and to assess the effectiveness of 
selective gear configurations. To the extent possible, data provided by 
the observers will be compatible with that collected by the NMFS 
coastwide observer program.
    Data collected during these EFPs are expected to have a broad 
significance to the management of the groundfish fishery by providing 
much needed information on: (1) total catch by vessels directly 
harvesting different target species, (2) catch rates of overfished 
species by fishing location, (3) gear selectivity, (4) age structure, 
and (5) the feasibility of a full retention program for rockfish 
species.

Spiny Dogfish (Squalus acanthiias)

    Spiny dogfish is an abundant and important species in the 
groundfish fishery off Washington State. Fixed gear is used to directly 
harvest spiny dogfish. Fishing with fixed gear in areas where spiny 
dogfish have historically been

[[Page 2325]]

harvested will be prohibited in 2004, because the areas fall within the 
non-trawl RCA. Little is known about the bycatch catch rates of other 
groundfish, including overfished species, by vessels specifically 
targeting spiny dogfish. However, fishers believe that spiny dogfish 
can be harvested with much lower bycatch rates than are currently 
assumed.
    If this EFP is issued, it will allow one vessel, which has 
historically harvested spiny dogfish, to use fixed gear to directly 
harvest and retain spiny dogfish in a Non-trawl RCA and to retain and 
land groundfish in excess of cumulative trip limits. These activities 
are otherwise prohibited by Federal regulations. Fishing under the 
proposed EFP will occur between February 1 and May 31, 2004. The vessel 
will be required to retain all rockfish and the proceeds from the sale 
of rockfish in excess of current trip limits will be forfeited to the 
State of Washington. All EFP and non-EFP fishing during the effective 
dates of the EFP will be restricted to waters north of Destruction 
Island (47[deg]40'30'' N. lat.).
    There will be no monthly limit on the harvest of spiny dogfish, but 
the harvest of spiny dogfish will be constrained by individual vessel 
limits for yelloweye rockfish. Approximately 300 mt of dogfish are 
expected to be taken during the EFP fishing. If a permitted vessel 
harvests 275 lbs (124.74 kg) per month of yelloweye rockfish, the 
vessel will be restricted from fishing in the Non-trawl RCA for the 
remainder of the calendar month.

Walleye Pollock (Theragra chalcogramma)

    The walleye pollock stock is primarily found off the west coast of 
Vancouver island. However, harvestable amounts of walleye pollock move 
south into Washington waters every five to seven years. The length of 
time they are available south of the U.S. Canada border is unknown. 
When fishers harvest walleye pollock, which is not a groundfish, they 
incidentally encounter groundfish such as Pacific whiting, yellowtail 
rockfish and spiny dogfish.
    An EFP is necessary to allow walleye pollock vessels to fish within 
the Trawl RCA with midwater trawl gear and to delay complete sorting of 
their catch until the point of offloading. An EFP is needed to delay 
sorting because regulations prohibit the retention of groundfish taken 
in a closed area or the retention of groundfish in excess of cumulative 
trip limits if taken outside the conservation areas.
    If the permit is issued, two vessels are expected to fish under 
this EFP. Vessels will be required to retain all groundfish, except 
spiny dogfish, and the proceeds from the sale of groundfish landed in 
excess of trip limits will be forfeited to the State of Washington. 
Fishing under the proposed EFP will occur between August 1 and October 
31, 2004. All fishing by participating vessels, both EFP and non-EFP 
fishing, during the effective dates of the EFP will be restricted to 
waters north of Destruction Island (47[deg]40'30'' N. lat.).
    There will be no monthly limit on the harvest of walleye pollock, 
but the harvest of pollock will be constrained by individual vessel 
limits for widow rockfish and canary rockfish. If a permitted vessel 
reaches the limit for widow rockfish of 500 lb (226 kg) per month in 
tows where pollock is the targeted species, the vessel cannot make any 
directed pollock tows for the rest of that month. If a permitted vessel 
reaches the limit for canary rockfish of 200 lb (124.74 kg), the vessel 
cannot continue to fish under the EFP.

Arrowtooth Flounder (Atheresthes stomias)

    Fishing for arrowtooth flounder, which is an abundant and 
commercially important groundfish species off Washington, is 
constrained by efforts to rebuild canary rockfish, an overfished 
species. Many of the areas where arrowtooth flounder have historically 
been harvested are within the Trawl RCA, where fishing with bottom 
trawl gear is prohibited.
    The purpose of the exempted fishing activity is to measure the rate 
at which bycatch species, such as canary, darkblotched, yelloweye and 
widow rockfish, are taken with an experimental trawl net by vessels 
targeting arrowtooth flounder. The experimental trawl net has been 
specifically designed to be more selective for flatfish, such as 
arrowtooth flounder, than the trawl nets that have historically been 
used in the fishery.
    If the permit is issued, this EFP will allow approximately five 
vessels, which have historically participated in the arrowtooth 
flounder fisheries: to use bottom trawl gear to fish for arrowtooth 
flounder in the Trawl RCA; to retain groundfish taken within a rockfish 
conservation area; and to retain and sell arrowtooth flounder and 
petrale sole in excess of their cumulative trip limits provided harvest 
limits for overfished species are not exceeded. These activities are 
otherwise prohibited by Federal regulations. Vessels will be required 
to retain all rockfish. Other than arrowtooth flounder and petrale 
sole, proceeds from the sale of groundfish in excess of current trip 
limits will be forfeited to the State of Washington.
    There will be no monthly limit on the harvest of arrowtooth 
flounder, but the harvest of arrowtooth flounder will be constrained by 
individual vessel limits for canary rockfish. If a permitted vessel 
reaches the limit for canary rockfish of 275 (lb) (124.74 kg) per month 
in tows where arrowtooth flounder is the targeted species, the vessel's 
activities will be restricted for the remainder of the month. Overall 
EFP threshold limits are also defined for the overfished groundfish 
species.
    Fishing under the proposed EFP will occur between May 1 and August 
31, 2003. All fishing by participating vessels, EFP and non-EFP 
fishing, during the effective dates of the EFP will be restricted to 
waters north of Destruction Island (47[deg]40'30'' N. lat.).

Nearshore Flatfish

    The nearshore flatfish species (Dover sole, petrale sole, rex sole, 
arrowtooth flounder, and other flatfish) are abundant and commercially 
important groundfish species off Washington. Fishing for these species 
is constrained by efforts to rebuild overfished rockfish species, 
particularly canary rockfish. Fishers who have historically targeted 
these species believe that the fishery can be prosecuted with a much 
lower canary rockfish bycatch rate than is currently assumed.
    If this EFP is issued, it will allow three vessels, which have 
historically landed nearshore flatfish to use large footrope trawl gear 
to harvest groundfish in nearshore areas, and to retain groundfish to 
sell in excess of cumulative trip limits provided that harvest limits 
for overfished species are not exceeded. These activities are otherwise 
prohibited by Federal regulations. Large footrope trawl gear will be 
modified by the participating vessels with the intent of identifying 
gear configurations that will be more selective for the nearshore 
flatfish species.
    The EFP will restrict vessels to the large footrope limits for the 
nearshore flatfish species, which are greater than the small footrope 
limits. Large footrope gear is otherwise prohibited in nearshore areas. 
If a permitted vessel reaches the limit for canary rockfish of 180 lb 
(81.648 kg) per month in tows where nearshore flatfish species are 
targeted, the vessel cannot make any directed nearshore flatfish tows 
for the rest of that month. If the individual vessel limit of 700 lb 
(317.52 kg) of canary rockfish is reached the vessel cannot continue to 
fish under the EFP. Vessels will be required to retain all

[[Page 2326]]

rockfish. Proceeds from the sale of groundfish in excess of the 
cumulative trip limits will be forfeited to the State of Washington.
    Fishing under the proposed EFP will occur between March 1 and June 
30, 2004. All fishing by participating vessels, both EFP and non-EFP 
fishing, during the effective dates of the EFP will be restricted to 
waters north of Destruction Island (47[deg]40'30'' N. lat.).

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

    Dated: January 12, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-910 Filed 1-14-04; 8:45 am]
BILLING CODE 3510-22-S