Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51381

sentence to the end of the paragraph:

‘‘The redesignation of paragraph (j) as

(k) effects three additional crossreferences in 50 CFR part 648.

Therefore, the cross-references to

paragraph (j) contained in the following

paragraphs are also revised to reflect

paragraph (k). In § 648.2, the crossreference to § 648.82(j)(1)(iv) contained

in the definition for ‘‘Day(s)-at-Sea

(DAS)’’ is revised to read

‘‘§ 648.82(k)(1)(v)’’. In

§ 648.4(c)(2)(iii)(B), the cross-reference

to § 648.80(j) is revised to read

‘‘§ 648.82(k)’’. In § 648.10(f)(2), the

cross-reference to § 648.82(j)(1)(iii) is

revised to read ‘‘§ 648.82(k)(1)(iv)’’.

Correction to Regulatory Text

On page 37156, in the first column,

the following amendatory instructions

are added after the authority citation to

read as follows:

1a. In § 648.2, the definition for

‘‘Days-at-Sea (DAS)’’ is revised to read

as follows:

§ 648.2 Definitions.

* * * * *

Day(s)-at-Sea (DAS), with respect to

the NE multispecies and scallop

fisheries, except as described in

§ 648.82(k)(1)(v), means the 24–hour

periods of time during which a fishing

vessel is absent from port in which the

vessel intends to fish for, possess or

land, or fishes for, possesses, or lands

regulated species or scallops.

* * * * *

1b. In § 648.4, the first sentence of

paragraph (c)(2)(iii)(B) is revised to read

as follows:

§ 648.4 Vessel and individual commercial

permits.

* * * * *

(c) * * *

(2) * * *

(iii) * * *

(B) For vessels fishing for NE

multispecies with gillnet gear, with the

exception of vessels under the Small

Vessel permit category, an annual

declaration as either a Day or Trip

gillnet vessel designation as described

in § 648.82(k). * * *

* * * * *

1c. In § 648.10, paragraph (f)(2) is

revised to read as follows:

§ 648.10 DAS notification requirements.

* * * * *

(f) * * *

(2) Gillnet call-in. Vessels subject to

the gillnet restriction described in

§ 648.82(k)(1)(iv) must notify the

Regional Administrator of the

commencement date of their time out of

the NE multispecies gillnet fishery using

the procedure described in paragraph

(f)(1) of this section.

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

Dated: September 25, 1997.

David L. Evans,

Deputy Assistant Administsrator for

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–25981 Filed 9–30–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 961227373–6373–01; I.D.

092497C]

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Nontrawl

Sablefish Mop-Up Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Announcement of nontrawl

sablefish mop-up fishery; fishing

restrictions; request for comments.

SUMMARY: NMFS announces

adjustments to the management

measures for the Pacific Coast

groundfish fishery off Washington,

Oregon, and California. This action

establishes beginning and ending dates

and the cumulative period landings

limit for the mop-up fishery for

nontrawl limited entry sablefish, and

sets daily and cumulative trip limits for

the nontrawl limited entry sablefish

fishery after the mop-up fishery. These

actions are intended to provide for

harvest of the remainder of the 1997

limited entry nontrawl allocation for

sablefish.

DATES: The nontrawl sablefish mop-up

fishery will begin at 1201 hours local

time (l.t.), October 1, 1997, and will end

at 1200 hours l.t., October 15, 1997, at

which time the limited entry daily trip

limit fishery resumes. The daily trip

limits for the nontrawl sablefish fishery

will remain in effect until the effective

date of the 1998 annual specifications

and management measures for the

Pacific coast groundfish fishery, which

will be published in the Federal

Register. Comments will be accepted

until October 15, 1997.

ADDRESSES: Comments on these actions

should be sent to William Stelle, Jr.,

Administrator, Northwest Region,

(Regional Administrator), NMFS, 7600

Sand Point Way NE., Bldg. 1, Seattle,

WA 98115–0070; or to William Hogarth,

Acting Administrator, Southwest

Region, NMFS, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802–

4213. Information relevant to these

actions has been compiled in aggregate

form and is available for public review

during business hours at the office of

the Regional Administrator.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140;

or Svein Fougner at 562–980–4034.

SUPPLEMENTARY INFORMATION: The

regulations at 50 CFR 660.323(a)(2) (62

FR 45350, August 27, 1997) established

a new season structure for the limited

entry nontrawl sablefish fishery in 1997.

The ‘‘regular season’’ was an equal

cumulative limit fishery during which

each limited entry permit holder with a

sablefish endorsement had the

opportunity to fish under an equal

cumulative limit. Other than the large,

equal cumulative limit, the only trip

limit in this fishery was for sablefish

smaller than 22 inches (56 cm). The

1997 regular season started at noon on

August 25, 1997, and lasted for 9 days

to noon on September 3, 1997.

Preseason estimates of the likely total

harvest in the regular season fishery

were conservative in order to minimize

the risk of the fishery exceeding its total

allocation. Because of the conservative

projections, the regular fishery was not

expected to harvest all of the limited

entry, fixed gear allocation for north of

36° N. lat. in excess of that required for

the daily trip limit fishery. The Regional

Administrator is authorized to

announce a mop-up fishery for any

excess, if it is large enough, about 3

weeks after the end of the regular season

and consisting of one cumulative trip

limit for each vessel.

Only individuals holding limited

entry permits with sablefish

endorsements may participate in the

mop-up fishery. No more than one

cumulative limit may be landed on each

limited entry permit with a sablefish

endorsement. Approximately 3 weeks

are needed for the Pacific Fishery

Management Council (Council)

Groundfish Management Team to

compile all of the landings receipts from

the regular season and to calculate the

amount available for the mop-up season,

if any. This notice establishes the 1997

mop-up fishery for limited entry, fixed

gear permit holders with sablefish

endorsements.

Following the mop-up fishery, daily

trip limits are reimposed until the end

of the year. At the September 8–12,

1997, Council meeting, the Council

recommended that the limited entry,

fixed gear daily trip limits for sablefish
51382 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

taken north of 36° N. lat. following the

mop-up season would be 300 lb (136 kg)

per day, with no more than 1,500 lb

(680 kg) taken in any one calendar

month. Similar changes to the open

access trip limits for sablefish taken

north of 36° N. lat. will be announced

in a separate notice.

A daily trip limit is the maximum

amount that may be taken and retained,

possessed, or landed per vessel in 24

consecutive hours, starting at 0001

hours local time. Only one landing of

groundfish may be made in that 24–

hour period. Daily trip limits may not be

accumulated. If a trip lasts more than 1

day, only one daily trip limit is allowed.

Daily trip limits were in effect until the

beginning of the regular season, and

went back into effect after the postseason closure ended on September 5,

1997. A cumulative trip limit is the

maximum amount of sablefish that may

be taken and retained, possessed, or

landed per vessel in a specified period

of time, with no limit on the number of

landings or trips.

The 1997 limited entry nontrawl

sablefish allocation is 2,754 mt

(6,071,468 lb). At its June meeting, the

Council recommended restricting the

total 1997 limited entry daily trip limit

catch to 499 mt (1,100,000 lb), leaving

2,255 mt (4,971,373 lb) for the primary

limited entry, fixed gear sablefish

fishery. The best available information

on September 22, 1997, indicated that

approximately 1,643 mt (3,622,300 lb) of

sablefish were landed during the regular

season. Therefore, 612 mt (1,349,215 lb)

remains available to the mop-up fishery.

The Regional Administrator, after

consulting with the Council on

September 11, 1997, has determined

that the mop-up fishery will occur, and

that a cumulative trip limit of 8,500 lb

(3,851 kg) (round weight) in a 2-week

period (October 1–15, 1997) would

provide for the expected fishery

participants, leaving enough sablefish

for small daily trip limits outside the

mop-up fishery, through the end of the

year. The trip limit for sablefish smaller

than 22 inches (56 cm) total length, or

15.5 inches (39 cm) for sablefish that are

headed, that was in effect during the

regular season continues during the

mop-up season.

The mop-up cumulative trip limit

applies to each vessel and permit where

the permit is a valid limited entry

permit endorsed for pot or longline gear,

and with a sablefish endorsement. No

more than one cumulative limit may be

landed on each permit, and no vessel

may land more than one cumulative

limit. Once a vessel has landed its 8,500

lb (3,851 kg) cumulative limit, it may

not land more sablefish until the daily

trip limits resume at 1201 hours on

October 15, 1997. There is no limited

entry, daily trip limit fishery during the

mop-up fishery period. Therefore,

holders of limited entry permits without

sablefish endorsements may not land

any sablefish during the mop-up period.

Similarly, once a permit has been used

to land its 8,500 lb (3,851 kg)

cumulative trip limit, it may not be used

to land more sablefish until the daily

trip limits resume. Also, acquiring

additional limited entry permits does

not entitle a vessel to more than one

cumulative limit.

The sablefish daily trip limit for the

limited entry fishery after the mop-up

season is 300 lb (136 kg) per day, with

no more than 1,500 lb (680 kg) to be

taken in any one calendar month. Since

the daily trip limits apply to a 24–hour

day starting at 0001 hours, but the mopup fishery begins and ends at 1200

hours, it will be legal for a vessel in the

limited entry fishery to land a daily trip

limit between 0001 hours and 1200

hours on October 1, 1997, just before the

start of the mop-up season, and between

1201 hours and 2400 hours on October

15, 1997, following the mop-up season.

NMFS Actions

NMFS announces the dates of the

nontrawl sablefish limited entry mop-up

fishery and the amounts of sablefish that

may be taken with limited entry

nontrawl gear during and after the

limited entry mop-up fishery in 1997.

All other provisions remain in effect. In

the 1997 annual management measures,

paragraph IV.E.(2)(c) at 62 FR 700,

January 6, 1997, is revised to read as

follows:

IV. * * *

E. * * *

(2) Limited Entry Fishery. * * *

(c) Nontrawl trip and size limits. (i)

Daily trip limits. Effective 1201 hours

October 15, 1997. The daily trip limit

for sablefish taken and retained with

nontrawl gear north of 36°00’ N. lat. is

300 lb (136 kg), not to exceed 1,500 lb

(680 kg) cumulative in a calendar

month.

(A) The daily trip limit for sablefish

taken and retained with nontrawl gear

south of 36°00’ N. lat. is (1) 350 lb (159

kg) with no cumulative limit on the

amount of sablefish that may be retained

in a month; or, (2) one landing of

sablefish per week above 350 lb (159 kg)

but not to exceed 1,050 lb (476 kg). A

week is 7 consecutive days, from 0001

hours (l.t.) Sunday through 2400 hours

(l.t.) Saturday.

(ii) Trip limits for small sablefish.

During the regular and mop-up seasons,

sablefish smaller than 22 inches (56 cm)

(total length) may comprise no more

than 1,500 lb (680 kg), or 3 percent of

all legal sablefish on board 22 inches (56

cm) or larger, whichever is greater. (See

paragraph IV.A.(6) of the annual

management measures at 62 FR 700,

January 6, 1997, regarding length

measurement.)

(iii) Mop-Up Fishery. Effective 1201

hours October 1, 1997, until 1200 hours

(local time) October 15, 1997, the

cumulative trip limit for sablefish

caught with nontrawl gear in the limited

entry fishery is 8,500 lb (3,851 kg) per

vessel.

(Note: The States of Washington,

Oregon, and California use a conversion

factor of 1.6 to convert dressed sablefish

to its round-weight equivalent.

Therefore, 8,500 lb (3,851 kg) round

weight corresponds to 5,313 lb (2,407

kg) for dressed sablefish.)

Classification

These actions are authorized by the

Pacific Coast Groundfish Fishery

Management Plan, which governs the

harvest of groundfish in the U.S.

exclusive economic zone off the coasts

of Washington, Oregon, and California.

The determination to take these actions

is based on the most recent data

available. The aggregate data upon

which the determinations are based are

available for public inspection at the

office of the Regional Administrator (see

ADDRESSES) during business hours.

Because of the need for immediate

action to start the mop-up fishery for

sablefish, and because the public had an

opportunity to comment on these

actions at the September 1997 Council

meeting in Portland, OR, NMFS has

determined that providing an

opportunity for public notice and

comment would be impracticable,

unnecessary, and contrary to public

interest. Participants in the regular

season sablefish fishery are anxious to

begin fishing. Delay of this rule could

push the mop-up season into bad winter

weather. Therefore, the agency finds

that good cause exists for this document

to be published without affording a

prior opportunity for public comment or

a 30-day delayed effectiveness period.

These actions are taken under the

authority of 50 CFR 660.323(a)(2), and

are exempt from review under E.O.

12866.

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

Dated: September 25, 1997

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–26058 Filed 9–30–97; 8:45 am]

BILLING CODE 3510–22–F