[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 25013-25026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10206]



[[Page 25013]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 660

[Docket No. 031216314-3314-01; I.D. 042604D]
RIN 0648-AR54


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures; Inseason Adjustments; Pacific Halibut Fisheries; Corrections

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

ACTION: Inseason adjustments to management measures, announcement of 
incidental halibut retention allowance, and a request for comments.

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SUMMARY: NMFS announces inseason adjustments to the Pacific Coast 
limited entry groundfish fishery and to the recreational groundfish 
fishery. NMFS also 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.) 
and changes to the primary sablefish fishery tier limits. 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. Finally, this document 
contains a correction to the language in the limited entry trawl trip 
limit tables. 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: Changes to management measures are effective 0001 hours (local 
time) on May 1, 2004, until the 2005-2006 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measures are effective, unless modified, superseded, or rescinded 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 June 1, 2004.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number, by any of the following methods:
     GroundfishInseason#[email protected]. Include [docket number 
and/or RIN number] in the subject line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 206-526-6736
     Mail: 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 (Northwest Region, 
NMFS), phone: 206-526-6150; 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: www.gpoaccess.gov/fr/index.html.
    Background information and documents are available at the NMFS 
Northwest Region website at: www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and 
at the Pacific Fishery Management Council's website at: 
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. 
Groundfish specifications and management measures are developed by the 
Pacific Fishery Management Council (Pacific Council), and are 
implemented by NMFS. The specifications and management measures for the 
2004 fishing year (January 1-December 31, 2004) were initially 
published in the Federal Register as an emergency rule for January 1-
February 29, 2004 (69 FR 1322, January 8, 2004) and as a proposed rule 
for March 1-December 31, 2004 (69 FR 1380, January 8, 2004). The 
emergency rule was amended at 69 FR 4084, January 28, 2004. The final 
rule for March 1-December 31, 2004 was published in the Federal 
Register on March 9, 2004 (69 FR 11064) and amended at 69 FR 23440, 
April 29, 2004.
    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 2004, NMFS is 
establishing an allowance for incidental halibut retention in the 
primary sablefish fishery in 2004.
    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 4-9, 2004, meeting in Sacramento, CA. Inseason 
adjustments to management measures are in response to several factors 
influencing projected catch of groundfish during 2004. These factors 
include (1) inseason adjustments to the Pacific Coast commercial and 
recreational groundfish fisheries published at 69 FR 23440, April 29, 
2004,(2) projected catch in the limited entry trawl and fixed gear 
fisheries based on new observer data and bycatch model adjustments, (3) 
projected catch in the recreational fisheries off Washington, Oregon, 
and California based on 2003 catch, and (4) a reduction in limited 
entry trawl fleet effort due to the trawl buyback program. Pacific 
Coast groundfish landings will be monitored throughout the year, and 
further adjustments to trip limits or management measures will be made 
as necessary to allow achievement of or avoid exceeding the 2004 
optimum yields (OYs).

Limited Entry Trawl Fishery

    The trawl bycatch model, used to calculate total catch, discard, 
and incidental catch rates of groundfish species in the limited entry 
trawl fisheries, was updated during the winter of 2004. Major changes 
to the model included a revision of the trawl participation and catch 
database as well as changes to the incidental catch rates

[[Page 25014]]

of overfished groundfish species. The trawl participation and catch 
database is used as an indicator of past limited entry trawl permit 
participation and landed catch. This database tracks a weighted average 
(based on activity during the last several years) of landed catch per 
limited entry trawl permit, bimonthly period, subarea, and depth. 
Because this database is one of the basic foundations of the trawl 
bycatch model, the model operates under the assumption that past 
performance is a reasonable proxy for what level of effort may occur in 
the future. The trawl bycatch model was updated to reflect changes in 
fleet structure as a result of the limited entry trawl permit and 
vessel buyback program conducted in late 2003. However, because buyback 
related fleet structure changes are continuing to occur, higher levels 
of uncertainty are associated with the trawl bycatch model's 
predictions of projected catch during 2004 than in previous years.
    The incidental catch rates of overfished groundfish species used in 
the trawl bycatch model were updated by stratifying them by depth, 
subarea, and cumulative limit period. This is a change from the 
previous trawl bycatch model that only stratified incidental catch 
rates by depth and subarea. In early 2004, new West Coast Groundfish 
Observer Program (Observer Program) data were available and 
incorporated in the trawl bycatch model. With two years of data being 
used in the model, the Pacific Council sought the guidance of the 
Scientific and Statistical Committee's (SSC) about how to treat each 
year of data. Because more recent information is more likely to be 
representative of fishing behavior and catch data in the upcoming year, 
the SSC recommended a weighting scheme for observer data wherein the 
most recent data are weighted more heavily than older data. Therefore, 
NMFS weighted the 2003 observer data at two-thirds and the 2002 
observer data at one third, then combined that weighted data from the 
two years to derive incidental catch rates for overfished species.
    Following the 2004 updates to the trawl bycatch model, catch 
projections generated by the model were compared to landings data 
reported in the Pacific Coast Fisheries Information Network (PacFIN). 
The landed catch of DTS (Dover sole, thornyheads, sablefish) species 
was predicted to be higher than that reported in PacFIN and the landed 
catch of Petrale sole and ``other flatfish'' species were predicted to 
be lower than that reported in PacFIN. Therefore, model predictions 
were scaled to account for these differences based on PacFIN landed 
catch estimates from January through February 2004 and landed catch 
estimates during the same period in 2003.
    In order to provide additional fishing opportunity for the northern 
limited entry trawl fleet, which has been severely restricted to reduce 
the incidental catch of canary rockfish, the size of the trawl rockfish 
conservation area (the area closed to fishing for groundfish with trawl 
gear) or RCA, between the U.S. border with Canada and 40[deg]10' N. 
lat., is being decreased for the remainder of 2004. The western 
boundary of the trawl RCA is being moved from specific latitude and 
longitude coordinates approximating the 200-fm (366-m) depth contour to 
specific latitude and longitude coordinates approximating the 150-fm 
(274-m) depth contour. As a result, in the area between the U.S. border 
with Canada and 40[deg]10' N. lat. the trawl RCA will be located 
between specific latitude and longitude coordinates approximating the 
150-fm (274-m) and 60-fm (110-m) depth contours during May-June and 
between specific latitude and longitude coordinates approximating the 
150-fm (274-m) and 75-fm (137-m) depth contours during July-December. 
Reducing the size of the trawl RCA for the remainder of the year is 
possible because new observer data indicate that the catch of 
overfished species, specifically darkblotched rockfish, is lower than 
predicted in this area. Additionally, canary rockfish are most commonly 
found in waters 50 fm (91 m) to 150 fm (274 m) in depth. Therefore, 
this reduction in the size of the trawl RCA is not predicted to result 
in increased catch of canary rockfish nor is it predicted to cause any 
overfished groundfish species OY to be exceeded.
    Because of updated trawl bycatch model results, incorporating new 
observer data and following the trawl buyback, and landed catch data 
through the end of February 2004, limited entry trawl trip limits for 
certain deepwater, slope species can be increased for the remainder of 
the year. Therefore, in the area between the U.S. border with Canada 
and 40[deg]10' N. lat., the limited entry trawl trip limit for minor 
slope rockfish will be increased from 4,000 lb (18,144 kg) per two 
months to 8,000 lb (3,629 kg) per two months for May through December. 
In the area between 40[deg]10' N. lat. and the U.S. border with Mexico, 
the limited entry trawl large footrope limit for chilipepper rockfish 
will be increased from 2,000 lb (907 kg) per two months to 12,000 lb 
(5,443 kg) per two months during May through August and to 8,000 lb 
(3,629 kg) per two months during September through December. Increases 
to trip limits for chilipepper in 2004 are possible, in part, due to 
the increase in the bocaccio OY (<= 20 mt in 2003 to 250 mt in 2004). 
The low bocaccio OY in 2003 limited the allowable harvest of 
chilipepper rockfish, as chilipepper rockfish and bocaccio rockfish are 
known to co-occur. However, this inseason action's trip limit increases 
for chilipepper are not predicted to exceed the bocaccio rockfish OY. 
Additionally, in the area between 40[deg]10' N. lat. and 38[deg]00' N. 
lat., limited entry trawl limits for minor slope rockfish and splitnose 
rockfish will each be increased from 7,000 lb (3,175 kg) per two months 
to 50,000 lb (22,680 kg) per two months during May through December. 
Trip limits had been set at a precautionary level at the beginning of 
2004, pending the release of new observer data. Because the new 
observer data indicate that the incidental catch of overfished species, 
specifically darkblotched rockfish, is lower than expected, target 
limits may be increased. In the area between 38[deg]00' N. lat. and the 
U.S. border with Mexico, limited entry trawl limits for minor slope 
rockfish and splitnose rockfish will each be increased from 40,000 lb 
(18,144 kg) per two months to 50,000 lb (22,680 kg) per two months 
during May through December. A limiting factor to increasing minor 
slope rockfish and splitnose rockfish trip limits in this area is the 
catch of blackgill rockfish. However, the allowable harvest of 
blackgill rockfish can support the Pacific Council's recommended trip 
limit increase of 40,000 lb (18,144 kg) per two months to 50,000 lb 
(22,680 kg) per two months during May through December.
    In summary, a reduction in the size of the trawl RCA and increased 
trip limits for deepwater, slope species are possible because the trawl 
bycatch model, updated with new observer data and the results of the 
trawl buyback program, found the incidental catch of overfished species 
to be lower than previously estimated in the areas affected by these 
inseason adjustments. The incidental catch of overfished species will 
continue to be minimized by the trawl RCA in areas and during seasons 
when the incidental catch of overfished species is high, as well as 
conservative trip limits for target species known to co-occur with 
overfished species.

Limited Entry Fixed Gear Fishery

    NMFS began modeling discard rates of sablefish and incidental catch 
rates of overfished species in the primary sablefish fishery in late 
2003 and early 2004. The approach for modeling discard and incidental 
catch in the 2004

[[Page 25015]]

sablefish fishery is to use fleetwide, season-long estimates of discard 
and incidental catch and apply those rates to the allowable harvest in 
the primary sablefish fishery. Using this method and incorporating 
observer data from 2001 through 2003, the discard of sablefish and the 
incidental catch of overfished species projected for the primary 
sablefish fishery in 2004 is lower than previously assumed. In the 
past, the assumed discard mortality of sablefish was eight percent. 
Based on new observer data, the discard mortality of sablefish in the 
primary sablefish fishery is now predicted to be approximately 3.5 
percent. This means that the updated discard mortality of sablefish is 
now less than half the amount that was used to develop sablefish tier 
limits in September 2003. By incorporating the new sablefish discard 
rate into the fixed gear bycatch model, sablefish tier limits can be 
increased to help achieve, but not exceed, the sablefish OY. Therefore, 
the Pacific Council recommended that the 2004 sablefish tier limits be 
increased. The revised tier limits for the 2004 primary sablefish 
fishery are increased by approximately 12 - 13 percent and they are as 
follows: Tier 1 - 69,600 lb (31,570 kg), Tier 2 - 31,600 lb (14,334 
kg), and Tier 3 - 18,100 lb (8,210 kg).
    In keeping with trip limit increases for deepwater, slope species 
in the limited entry trawl fishery, the Pacific Council also 
recommended increasing the minor slope rockfish and splitnose rockfish 
trip limits for the limited entry fixed gear fishery. Therefore, in the 
area between 40[deg]10' N. lat. and 38[deg]00' N. lat., limited entry 
fixed gear limits for minor slope rockfish and splitnose rockfish will 
each be increased from 7,000 lb (3,175 kg) per two months to 50,000 lb 
(22,680 kg) per two months during May through December. Similarly, in 
the area between 38[deg]00' N. lat. and the U.S. border with Mexico, 
limited entry fixed gear limits for minor slope rockfish and splitnose 
rockfish will each be increased from 40,000 lb (18,138 kg) per two 
months to 50,000 lb (22,680 kg) per two months during May through 
December. Much like the trip limit increases in the limited entry trawl 
fishery, increasing tier limits in the primary sablefish fishery and 
trip limits for deepwater, slope species in the limited entry fixed 
gear fishery will provide access to healthy groundfish stocks while 
protecting depleted and overfished groundfish species. The non-trawl 
RCA will continue to protect overfished species in areas and during 
seasons when the incidental catch of overfished species is high.

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 2004 Area 2A TAC is 1,480,000 lb 
(671.3 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 2003, halibut caught incidentally in the primary 
sablefish fishery may be retained by appropriately licensed longline 
vessels. In 2004, the amount of incidental halibut retained in the 
primary sablefish fishery is capped at 70,000 lb (31.8 mt), to ensure 
that the fishery is maintained as an incidental and not a directed 
fishery. Beginning May 1, 2004, and continuing until the halibut quota 
(70,000 lbs or 31.8 mt) is taken: longliners participating in the 
primary sablefish fishery north of Pt. Chehalis, WA (46[deg]53'18' N. 
lat.) with appropriate IPHC licenses may retain incidental halibut 
landings up to 100 lbs (45 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 100 lb (45 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 2004, the Washington Department of Fish and Wildlife recommended 
and NMFS implemented a ``C-shaped'' Yelloweye Rockfish Conservation 
Area (YRCA) to protect yelloweye rockfish, an overfished species (see 
50 CFR 660.304 (d)). For 2004, 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, which extends 
from the Washington shoreline to specific latitude and longitude 
coordinates that approximate the 100-fm (183-m) depth contour.

Recreational Groundfish Fishery

    At the Pacific Council's April 4-9, 2004, meeting in Sacramento, 
CA, the projected catch in the Pacific Coast recreational fisheries was 
updated for 2004. The states of Washington and Oregon updated their 
projected catch for 2004 with recreational catch data from 2003. 
Because 2003 was a year of unusually high effort and catch in 
California's recreational fisheries, the California Department of Fish 
and Game (CDFG) did not think it would be accurate to use 2003 catch 
data as a basis for projecting catch in 2004. In an effort to reduce 
the catch of overfished rockfish species, specifically canary rockfish 
and lingcod, California's recreational fisheries were closed for the 
first six months of 2003 (January-June). When California's recreational 
fishery opened in July 2003, the closure earlier in the year is thought 
to have resulted in a ``derby'' style fishery with above average effort 
and catch reported by MRFSS (Marine Recreational Fishery Statistical 
Survey) Wave Four (July-August) data. In comparison to Wave Four data, 
MRFSS Wave Five data (September-October) were more reflective of 
historical effort and catch during California's recreational fisheries 
and was not affected by the ``derby'' fishery. Therefore, in order to 
model projected catch for their 2004 recreational fishery, CDFG created 
an adjusted 2003 dataset. This adjusted 2003 dataset used the effort 
estimates from MRFSS' Wave Five data to adjust catches for all waves in 
2003. Because this adjusted 2003 dataset accounted for the ``derby'' 
response to the closure during January-June 2003 and added projected 
catches for closed periods during 2003, it provides a better estimate 
of catch in 2004 than an unadjusted 2003 dataset.

[[Page 25016]]

    When modeling projected catch in 2004 recreational fisheries, 
limiting the catch of canary rockfish continues to be the most 
constraining factor influencing management measures for the 
recreational fisheries in 2004. After receiving updates from the states 
of Washington, Oregon, and California on their projected recreational 
catch during 2004 at the April meeting, the Pacific Council initially 
recommended maintaining a harvest allowance for canary rockfish based 
on the 2004 management measures adopted in September 2003. At that 
time, the Pacific Council recommended management measures that were not 
projected to fully utilize the allowable harvest of canary rockfish, 
instead opting to reserve a portion of the allowable harvest, in part, 
to accommodate a potential increase in the incidental catch rate of 
canary rockfish if it were documented by the Observer Program. Because 
the new observer data do not show a substantial increase in the 
incidental catch rate of canary rockfish, the Pacific Council 
recommended management measures that are projected to use some of 
previously reserved portion of the canary rockfish allowable harvest. 
The Pacific Council did not recommend changes to recreational 
management measures for Washington or Oregon. However, to ensure that 
recreational catch of canary rockfish, stays within state harvest 
allowances, Washington and Oregon will continue to monitor inseason 
catch and will prohibit recreational groundfish fisheries seaward of 
specific latitude and longitude coordinates approximating the 30-fm 
(55-m) depth contour if catch is expected to exceed state harvest 
allowances. Because canary rockfish are not commonly found in waters 
less than 50 fm (91 m) in depth, implementing a 30-fm (55-m) closure 
would reduce the catch of canary rockfish to near zero.
    In an effort to keep projected recreational catch of overfished 
groundfish species, particularly canary rockfish and lingcod, within 
California's harvest allowance, the Pacific Council recommended several 
inseason adjustments for all federally managed groundfish species in 
the recreational fishery. Additionally, the Pacific Council recommended 
that California take state regulatory action to make conforming 
inseason adjustments to the management measures for the following state 
managed species: greenlings of the genus Hexagrammos, ocean whitefish, 
and California sheephead. Inseason adjustments to the recreational 
fishery off California are described in the following text: In the area 
between 42[deg]00' N. lat. and 40[deg]10' N. lat., recreational fishing 
for groundfish is prohibited seaward of specific latitude and longitude 
coordinates approximating the 30-fm (55-m) depth contour during May 
through December. The retention of black rockfish in this same area is 
prohibited during May and September through December. In the area 
between 40[deg]10' N. lat. and 36[deg]00' N. lat., recreational fishing 
for groundfish is prohibited during May through July and November 
through December and it is prohibited seaward of the 20-fm (37-m) depth 
contour during September and October. In the area between 36[deg]00' N. 
lat. and 34[deg]27' N. lat., recreational fishing for groundfish is 
prohibited during July and it is prohibited seaward of the 20-fm (37-m) 
depth contour during September through December. Additionally, in the 
area between 34[deg]27' N. lat. and the U.S. border with Mexico, 
recreational fishing for groundfish is prohibited seaward of specific 
latitude and longitude coordinates approximating the 30-fm (55-m) depth 
contour during September and October. These inseason adjustments, 
combined with adjustments to management measures published at 69 FR 
23440, April 29, 2004, are predicted to keep 2004 harvest within the 
OYs for all overfished groundfish species, specifically canary rockfish 
and lingcod.
    This inseason action also contains a new provision for ocean ``boat 
limits'' in the recreational fishery coastwide. The provision allows 
each fisher aboard a vessel off the coast of Washington, Oregon, and 
California to continue to use angling gear until the combined daily 
limits of groundfish for all licensed and juvenile anglers aboard has 
been attained. The purpose of this provision is to make Federal 
regulations consistent with the regulations of the above states. 
Washington has had a boat limit provision in place for a number of 
years, but Oregon and California have recently adopted such limits. The 
specific requirements are different in each state, but the intent is 
similar.
    Anglers should be aware that additional state restrictions may 
apply, in addition to the Federal regulation.
    Therefore, anglers should consult the specific regulations of their 
state for the exact language.

Corrections

    This action corrects language in the trip limit tables, Table 3 
(North) and Table 3 (South), describing restrictions on multiple types 
of trawl gear on board. Previous language in the trip limit tables 
read, ``A vessel may have more than one type of limited entry bottom 
trawl gear on board, but the most restrictive trip limit associated 
with the gear on board applies for that trip and will count toward the 
cumulative trip limit for that gear. A vessel may not have limited 
entry bottom trawl gear on board if that vessel also has trawl gear on 
board that is permitted for use within a RCA, including limited entry 
midwater trawl gear, regardless of whether the vessel is intending to 
fish within a RCA on that fishing trip. See IV.A.(14)(iv) for 
details.'' This language is more restrictive than the language from 
Section IV.A.(14)(iv), which allows midwater gear to be onboard a 
vessel that also has large or small footrope gear on board as long as 
that vessel does not fish in a closed area. Language in Section 
IV.A.(14)(iv) reflects the intended language as described in the 
response to Comment 22 from the final rule for the 2003 groundfish 
specifications and management measures (68 FR 11182, March 7, 2003). 
Therefore, the corrected language in the trip limit tables will be 
consistent with Section IV.A.(14)(iv) and read, ``A vessel may have 
more than one type of limited entry bottom trawl gear on board, but the 
most restrictive trip limit associated with the gear on board applies 
for that trip and will count toward the cumulative trip limit for that 
gear. A vessel that is trawling within the RCA (or other closed area) 
with trawl gear authorized for use within the RCA (or other closed 
area) may not have any other type of trawl gear on board. See 
IV.A.(14)(iv) for details.''
    This inseason action also corrects the titles of some sections of 
the recreational regulations for the waters off California by removing 
the term ``boat limits'' from some sections formerly entitled ``bag 
limits, boat limits, hook limits'' because boat limits are no longer 
included in those sections.

NMFS Actions

    For the reasons stated herein, NMFS concurs with the Pacific 
Council's recommendations and hereby announces the following changes to 
the 2004 specifications and management measures (69 FR 11064, March 9, 
2004, as amended at 69 FR 23440, April 29, 2004) to read as follows:
    1. On pages 11108-11114, 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:

B. Limited Entry Fishery

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

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    2. On page 11114, in section IV., under B. Limited Entry Fishery, 
in column 1, revise paragraph (2)(b)(i) and add paragraph (2)(b)(i)(A) 
to read as follows:

B. Limited Entry Fishery

    (2) * * *
    (b) * * *
    (i) Primary season. The primary season begins at 12 noon l.t. on 
April 1, 2004, and ends at 12 noon l.t. on October 31, 2004. There are 
no pre-season or post-season closures. During the primary season, each 
vessel with at least one limited entry permit with a sablefish 
endorsement that is registered for use with that vessel may land up to 
the cumulative trip limit for each of the sablefish-endorsed limited 
entry permits registered for use with that vessel, for the tier(s) to 
which the permit(s) are assigned. For 2004, the following limits are in 
effect: Tier 1, 69,600 lb (31,570 kg); Tier 2, 31,600 lb (14,334 kg); 
Tier 3, 18,100 lb (8,210 kg). All limits are in round weight. If a 
vessel is registered for use with a sablefish-endorsed limited entry 
permit, all sablefish taken after April 1, 2004, count against the 
cumulative limits associated with the permit(s) registered for use with 
that vessel.
    (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: 100 lb (45 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]
* * * * *
    3. In section IV., paragraph D. Recreational Fishery, is revised to 
read as follows:
* * * * *

D. Recreational Fishery

    Federal recreational groundfish regulations are not intended to 
supersede any more restrictive State recreational groundfish 
regulations relating to federally-managed groundfish. Off the coast of 
Washington, Oregon, and California, boat limits apply, whereby each 
fisher aboard a vessel may continue to use angling gear until the 
combined daily limits of groundfish for all licensed and juvenile 
anglers aboard has been attained (additional state restrictions on boat 
limits may apply).
* * * * *
    4. In section IV., under D. Recreational Fishery, paragraph (3) is 
revised to read as follows:
* * * * *
    (3) California. Seaward of California (north and south of 
40[deg]10' N. lat.), California law provides that, in times and areas 
when the recreational fishery is open, there is a 20-fish bag limit for 
all species of finfish, within which no more than 10 fish of any one 
species may be taken or possessed by any one person. Retention of 
cowcod, yelloweye rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas. 
California state law may provide similar regulations for the following 
state-managed species: ocean whitefish, California sheephead, and all 
greenlings of the genus Hexogrammos except kelp greenling. Kelp 
greenling is the only federally-managed greenling.
* * * * *
    5. In section IV., under D. Recreational Fishery, paragraphs 
(3)(a)(i) and (ii) are redesignated paragraphs (3)(a)(ii) and (iii), 
respectively, and a new paragraph (3)(a)(i) is added to read as 
follows:
* * * * *
    (3) California. * * *
    (a) North of 40[deg]10' N. lat. * * *
    (i) Closed Areas/Recreational Rockfish Conservation Areas. The 
recreational Rockfish Conservation Areas, or recreational RCAs, are 
areas that are closed to recreational fishing for groundfish. Between 
42[deg] N. lat. (Oregon/California border) and 40[deg]10' N. lat., 
recreational fishing for all groundfish is prohibited seaward of a 
boundary line approximating the 30-fm (55-m) depth contour along the 
mainland coast and along islands and offshore seamounts during May 1 
through December 31. Coordinates for the boundary line approximating 
the 30-fm (55-m) depth contour are listed in section IV.A.(17)(f).
* * * * *
    6. In section IV., under D. Recreational Fishery, in the newly 
redesignated paragraph (3)(a)(ii), subparagraphs (B) and (B)(2) are 
revised to read as follows:
* * * * *
    (ii) RCG Complex. * * *
    (B) Bag limits, hook limits.* * *
    (2) From May 1 through December 31, the bag limit is 10-RCG Complex 
fish per day (not including canary rockfish, yelloweye rockfish and 
cowcod, which are prohibited), of which up to 10 may be rockfish, no 
more than 2 of which may be bocaccio. Retention of black rockfish is 
prohibited from May 1 through 31 and from September 1 through December 
31. Also within the 10-RCG Complex fish per day limit, no more than 2 
fish per day may be greenling (kelp, and under state law, other 
greenlings) and no more than 3 fish per day may be cabezon. 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.
* * * * *
    7. In section IV., under D. Recreational Fishery, in the newly 
redesignated paragraph (3)(a)(iii), subparagraph (B) is revised to read 
as follows:
* * * * *
    (iii) Lingcod. * * *
    (B)Bag limits, hook limits.* * *
* * * * *
    8. In section IV., under D. Recreational Fishery, paragraph 
(3)(b)(i)(B)(1) is revised, paragraph (3)(b)(i)(B)(2) is redesignated 
paragraph (3)(b)(i)(B)(3) and revised and a new paragraph 
(3)(b)(i)(B)(2) is added to read as follows:
* * * * *
    (3) California. * * *
    (b) South of 40[deg]10' N. lat. * * *
    (i) Closed Areas. * * *
    (B) Recreational Rockfish Conservation Areas. * * *
    (1) Between 40[deg]10' N. lat. and 36[deg] N. lat., recreational 
fishing for all groundfish, except sanddabs, is prohibited seaward of a 
boundary line approximating the 30-fm (55-m) depth contour along the 
mainland coast and along islands and offshore seamounts during January 
1 through February 29; is prohibited seaward of the 20-fm (37-m) depth 
contour during August 1 through October 31; and is closed entirely 
during March 1 through July 31 and during November 1 through December 
31 (i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 30-fm (55-m) depth contour are listed 
in section IV.A.(17)(f). Under state law, recreational fishing for 
rockfish, lingcod, and associated species limited to cabezon, 
greenlings of the genus Hexagrammos, California scorpionfish, 
California sheephead, and ocean whitefish are prohibited between the 
shoreline and the 10-fm (18-m) depth contour around the Farallon 
Islands. For

[[Page 25025]]

a definition of the Farallon Islands, see paragraph IV.A.(17)(f). 
Recreational fishing for certain groundfish species is also prohibited 
in waters of the Cordell Banks, located at 38[deg]02' N. lat. and 
123[deg]25' W. long., and within a 5 nautical mile radius around this 
point. This portion of the Cordell Banks is closed to fishing for 
rockfish, lingcod, cabezon, kelp greenlings and California 
scorpionfish. (Note: California state regulations also prohibit the 
retention of other greenlings of the genus Hexagrammos, California 
sheephead and ocean whitefish.) For a definition of Cordell Banks, see 
paragraph IV.A.(17)(f).
    (2) Between 36[deg] N. lat. and 34[deg]27' N. lat., recreational 
fishing for all groundfish, except sanddabs, is prohibited seaward of a 
boundary line approximating the 30-fm (55-m) depth contour along the 
mainland coast and along islands and offshore seamounts during January 
1 through February 29; is prohibited seaward of the 20-fm (37-m) depth 
contour during May 1 through June 30 and during August 1 through 
December 31; and is closed entirely during March 1 through April 30 and 
during July 1 through July 31 (i.e., prohibited seaward of the 
shoreline). Coordinates for the boundary line approximating the 30-fm 
(55-m) depth contour are listed in section IV.A.(17)(f).
    (3) South of 34[deg]27' N. lat., recreational fishing for all 
groundfish, except sanddabs, is prohibited seaward of a boundary line 
approximating the 60-fm (110-m) depth contour along the mainland coast 
and along islands and offshore seamounts during March 1 through August 
31 and during November 1 through December 31; is prohibited seaward of 
the 30-fm (55-m) depth contour during September 1 though October 31; 
and is closed entirely during January 1 through February 29 (i.e., 
prohibited seaward of the shoreline), except in the CCAs where fishing 
is prohibited seaward of the 20-fm (37-m) depth contour in paragraph 
(A) of this section. Coordinates for the boundary line approximating 
the 60-fm (110-m) depth contour are listed in section IV.A.(17)(f).
* * * * *
    9. In section IV., under D. Recreational Fishery, paragraph 
(3)(b)(ii)(B) is revised to read as follows:
* * * * *
    (ii) RCG Complex. * * *
    (B) Bag limits, hook limits.* * *
* * * * *
    10. In section IV., under D. Recreational Fishery, paragraph 
(3)(b)(iii)(B) is revised to read as follows:
* * * * *
    (iii) California scorpionfish.* * *
    (B) Bag limits, hook limits.* * *
* * * * *
    11. In section IV., under D. Recreational Fishery, paragraph 
(3)(b)(iv)(B) is revised to read as follows:
* * * * *
    (iv) Lingcod. * * *
    (B) Bag limits, hook limits.* * *
* * * * *

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 NOAA, 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 and unnecessary. Providing prior notice and comment on 
the inseason adjustments would be impracticable because the data upon 
which these recommendations were based were provided to the Pacific 
Council and the Pacific Council made its recommendations at its April 
4-9, 2004, meeting in Sacramento, CA. As described below, there is not 
sufficient time after that meeting to draft this notice and undergo 
proposed and final rulemaking before the beginning of the next 
cumulative limit period, May 1, 2004, when these actions need to be in 
effect. Many of the previously scheduled management measures for the 
May-June period are more liberal than the adjustments contained in this 
inseason action. Therefore, for the actions to be implemented in this 
notice, prior notice and opportunity for comment would be impracticable 
because affording prior notice and opportunity for public comment would 
take too long, thus impeding the Agencys function of managing fisheries 
to approach without exceeding the OYs for federally managed species.
    Adjustments to management measures in this inseason action include 
changes to the management measures for the recreational groundfish 
fisheries and the limited entry groundfish fisheries. Changes to 
management measures for California's recreational fishery implemented 
with this inseason action are more conservative than previously 
scheduled regulations. These more conservative management measures must 
be implemented in a timely manner to protect overfished groundfish 
species, such as canary rockfish and lingcod, by keeping the mortality 
of these species within the levels projected for the recreational 
fishery off California in 2004. The area and season closures described 
in this inseason action prohibit recreational fishing for groundfish 
off California in areas and during seasons when the recreational 
fishery is most likely to encounter canary rockfish and lingcod. When 
modeling projected catch in the recreational fishery off California, it 
was apparent that changes to California's recreational management 
measures must be in effect by May 1, 2004, in order to keep the harvest 
of these overfished species within their OYs and allow for continued 
rebuilding of their stocks. Delaying these changes to management 
measures could lead to early closures of the fishery causing 
unnecessary economic hardships on coastal communities and contradicting 
a primary objective of the FMP, which is to provide for year-round 
harvest opportunities. Additional harvest opportunities for the limited 
entry groundfish fisheries also need to be implemented in a timely 
manner and prior to the start of the next cumulative limit period, May 
1, 2004. These harvest opportunities provide much needed revenue for 
both the trawl and fixed gear fleets by providing access to healthy, 
deepwater groundfish stocks with minimal impacts on overfished species. 
Delays in implementing these additional harvest opportunities may 
prevent the limited entry fleets from being able to harvest the entire 
OYs for deepwater, slope species.
    It is also impracticable to provide prior notice and opportunity 
for comment for implementing boat limits in the recreational groundfish 
fishery coastwide because these actions serve to ensure consistency 
between state and Federal regulations. The States of Washington, 
Oregon, and California have already implemented boat limits in their 
recreational regulations, therefore, implementing this adjustment in a 
timely fashion is important to minimize conflicting regulations. 
Additionally, limits are combined daily limits of groundfish for all 
licensed anglers aboard a vessel. It is not predicted that there will 
be a net change in the harvest of groundfish resulting from boat limits 
or cumulative individual bag limits. It is unnecessary to provide prior 
notice and

[[Page 25026]]

opportunity for comment on the corrections contained in this inseason 
action because the corrections have no substantive effect on the 
public.
    For these reasons, good cause also exists to waive the 30 day delay 
in effectiveness requirement under 5 U.S.C. 553 (d)(3).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 29, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-10206 Filed 4-30-04; 4:38 pm]
BILLING CODE 3510-22-S