[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51814-51816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26331]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 092597A]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Trip Limit Changes

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces further adjustments to the Pacific Coast 
groundfish limited entry fisheries for the Sebastes complex and its 
components canary and yellowtail rockfish, the Dover sole-thornyhead-
trawl sablefish (DTS) complex and its components Dover sole and trawl-
caught sablefish, and announces the final 1997 cumulative trip limit 
period for trawl vessels in the ``B'' platoon. NMFS also announces an 
increase to the monthly cumulative limit for the open access nontrawl 
sablefish fishery north of 36 deg. N. lat. (A similar change for the 
limited entry nontrawl sablefish fishery north of 36 deg. N. lat. is 
included in a separate Federal Register action that announces the 
duration and limit of the limited entry sablefish mop-up fishery.) 
These restrictions are intended to keep landings as close as possible 
to the 1997 harvest guidelines and allocations for these species, and 
to provide management flexibility during the final months of the year.

DATES: Effective at 0001 hours local time (l.t.) October 1, 1997; 
except for the trip limit for trawl vessels operating in the B platoon, 
which will become effective at 0001 hours l.t. October 16, 1997. These 
changes remain in effect, unless modified, superseded or rescinded, 
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 
through October 20, 1997.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; or William Hogarth, Acting Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140 or 
Rodney McInnis at 562-980-4040.

SUPPLEMENTARY INFORMATION: The following changes to current management 
measures are based on the best available information, and were 
recommended by the Pacific Fishery Management Council (Council), in 
consultation with the states of Washington, Oregon, and California, at 
its September 9-12, 1997, meeting in Portland, OR.
     The Sebastes Complex. The Sebastes complex consists of all 
rockfish managed by the FMP except Pacific ocean perch (POP), widow 
rockfish, shortbelly rockfish, and thornyheads. The limited entry 
fishery for the Sebastes complex currently is managed under a 2-month 
cumulative trip limit of 30,000 lb (13,608 kg) north of Cape Mendocino 
(40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of Cape 
Mendocino. Within these 2-month cumulative limits for the Sebastes 
complex, no more than 6,000 lb (2,722 kg) may be yellowtail rockfish 
north of Cape Mendocino, no more than 10,000 lb (4,534 kg) may be 
bocaccio south of Cape Mendocino, and no more than 14,000 lb (6,350 kg) 
may be canary rockfish coastwide.
    The best available information at the September 1997 Council 
meeting indicated that both yellowtail rockfish and canary rockfish 
would be 18-19 percent below their respective harvest guidelines at the 
end of the year. Therefore, the Council recommended increasing the trip 
limits for these species, and converting those limits from 2-month to 
1-month limits on October 1, 1997, so that the industry could receive 
immediate benefit from the higher limits. The new 1-month cumulative 
trip limits for the Sebastes complex are: 20,000 lb (9,072 kg) north of 
Cape Mendocino and 75,000 lb (33,975 kg) south of Cape Mendocino. 
Within these 1-month cumulative limits for the Sebastes complex, no 
more than 5,000 lb (2,268 kg) may be yellowtail rockfish north of Cape 
Mendocino, no more than 5,000 lb (2,268 kg) may be bocaccio south of 
Cape Mendocino, and no more than 10,000 lb (4,534 kg) may be canary 
rockfish coastwide.
    As these changes are implemented in the middle of a 2-month 
cumulative trip limit period (September-October 1997), both the 2-month 
cumulative trip limits and the 60 percent monthly limits for the 
Sebastes complex and its components become obsolete after October 1. 
POP and widow rockfish are the only two species that remain under 2-
month cumulative limits. (The DTS complex was converted to monthly 
limits on September 1, 1997 (62 FR 36228, July 7, 1997).)
     Dover Sole, Thornyheads, and Trawl-Caught Sablefish (the DTS 
Complex). The limited entry fishery for the DTS complex and its 
components currently is managed under a 1-month cumulative trip limit 
of 28,500 lb (12,927 kg) north of Cape Mendocino and 50,000 lb (22,680 
kg) south of Cape Mendocino. Within these 1-month cumulative limits, no 
more than 15,000 lb (6,804 kg) may be Dover sole north of Cape 
Mendocino, no more than 6,000 lb (2,722 kg) may be sablefish coastwide, 
and no more than 7,500 lb (3,402 kg) may be thornyheads coastwide. No 
more than 1,500 lb (680 kg) of the thornyheads may be shortspine 
thornyheads.
    The best available information at the September 1997 Council 
meeting indicated that the harvest guidelines for Dover sole would be 
reached before the end of the year, and exceeded by 19 percent in the 
Columbia area and 7 percent coastwide if the rate of landings is not 
slowed. Landings of trawl-caught sablefish also were projected to 
exceed the limited entry trawl allocation by 9 percent by the end of 
the year.
    Landings of both species of thornyheads are projected to be lower 
than their respective harvest guidelines. The two thornyhead species 
are often caught together. Landings of longspine thornyheads are 
projected to be 28 percent below its harvest guideline by the end of 
the year; but, trip limits for this species could not be increased 
without increasing the catch of shortspine thornyheads, which are 
expected to be 7 percent below its 1,380-mt harvest guideline but well 
above the 1,000-mt acceptable biological catch for this species. 
Because

[[Page 51815]]

the harvest guideline for shortspine thornyheads is close to its 
overfishing level, the Council did not recommend increasing the trip 
limits for either species of thornyheads.
    Earlier in the year, the Council and NMFS notified the industry 
that the DTS fishery could be closed for several months in 1997. Some 
members of the industry prefer higher initial trip limits with 
closures, and others prefer reduced limits and a longer fishery. 
Closing the DTS fishery in November and December was considered by the 
Council at its September meeting. After hearing considerable testimony 
opposing such closures, the Council recommended drastically reduced 
trip limits to be effective on October 1, but acknowledged the fishery 
still could close in December, after the Council considers new landings 
projections at its November 1997 meeting. The new trip limits, which 
take effect October 1, are intended to curtail most target fishing on 
sablefish coastwide and on Dover sole in the Columbia area. However, 
they also may result in discards if the industry targets on these 
species or is unable to avoid them while fishing for Dover sole south 
of Cape Mendocino or for thornyheads coastwide. The Council also 
recommended that a 30,000-lb (13,608-kg) monthly cumulative limit be 
established for Dover sole south of Cape Mendocino. Previously, Dover 
sole could comprise as much as 36,500 lb (16,556 kg) of the DTS limit 
south of Cape Mendocino, the amount left over after subtracting the 
amounts of sablefish and thornyheads that were taken. The overall 
limits for the DTS complex, which are the sum of the limits of its 
components, are changed to reflect the changes to Dover sole and 
sablefish. These changes are intended to keep landings of the DTS 
complex and its components within the 1997 harvest guidelines and 
allocations without increasing discards.
    The new limits for the DTS complex are 11,000 lb (4,990 kg) north 
of Cape Mendocino, and 39,500 lb (17,917 kg) south of Cape Mendocino. 
Within these limits, no more than 1,500 lb (680 kg) may be Dover sole 
north of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape 
Mendocino; no more than 2,000 lb (907 kg) coastwide may be trawl-caught 
sablefish; and no more than 7,500 lb (3,402 kg) coastwide may be 
thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may be 
shortspine thornyheads.
     ``B'' Platoon. NMFS also announces the last cumulative trip limit 
period in 1997 for the ``B'' platoon, those limited entry trawl vessels 
with a letter authorizing them to take their cumulative trip limits 2 
weeks out of phase with the rest of the fleet. For vessels in the ``B'' 
platoon: the final 2-month cumulative trip limits for POP and widow 
rockfish apply to the 6-week period from November 16, 1997 through 
December 31, 1997 and there is no 60% monthly limit for this period; 
and the equivalent of two 1-month cumulative trip limits for the 
Sebastes complex and its components, and for the DTS complex and its 
components, may be landed during the 6-week period from November 16, 
1997 through December 31, 1997.
     Open Access Sablefish. Both the open access and limited entry 
sablefish fisheries north of 36 deg.00' N. lat. are currently subject 
to a 300-lb (136 kg) daily trip limit, not to exceed 600 lb (272 kg) 
cumulative per month. At its September 1997 meeting, the Council was 
advised that landings in the open access sablefish fishery north of 
36 deg.00' N. lat. were lower than expected and could be increased. 
However, finding a method for doing so without attracting effort from 
the limited entry daily trip limit fishery was problematic. To avoid 
effort shifts, the Council recommended increasing the monthly 
cumulative limit for the open access fishery to 1,500 lb (680 kg) on 
October 1, during the limited entry mop-up fishery. For the same 
reason, the Council also recommended increasing the cumulative monthly 
limit on the daily trip limit portion of the limited entry fishery to 
1,500 lb (680 kg) after the end of the mop-up season on October 15, 
1997. (This change for the limited entry fishery is being announced in 
a separate Federal Register action, at the same time that the dates and 
trip limit for the limited entry mop-up fishery are announced.) These 
changes are intended to keep sablefish landings from the open access 
and limited entry daily trip limit fisheries within the levels intended 
to be taken by these two fisheries for the entire year.

NMFS Action

    For the reasons stated above, NMFS concurs with the Council's 
recommendations and makes the following changes to the 1997 annual 
management measures (62 FR 700, January 6, 1997 as modified).
    1. Paragraph A.(1)(c)(iii)(C) of section IV. is revised to read as 
follows:
    A. General Definitions and Provisions
* * * * *
    (1) * * *
    (c) * * *
    (iii) * * *
    (C) Special provisions will be made for ``B'' platoon vessels later 
in the year so that the amount of fish made available in 1997 to both 
``A'' and ``B'' vessels is the same. (For example, a vessel in the 
``B'' platoon will have the same cumulative trip limit for the final 
period as a vessel in the ``A'' platoon, but the final period may be 2 
weeks shorter so that both fishing periods end on the same date.) For 
trawl vessels in the ``B'' platoon, the 6-week period from November 16-
December 31, 1997 replaces the last 2 months of the year. Therefore, 
one 2-month cumulative trip limit (POP, widow rockfish), and two 1-
month cumulative trip limits (the Sebastes complex and its components, 
the DTS complex and its components) will apply to that 6-week period. 
Both 1-month cumulative trip limits for a species (or species complex) 
may be combined and landed at any time during the 6-week period.
* * * * *
    2. Effective October 1, 1997 (October 16, 1997 for the ``B'' 
platoon), for yellowtail rockfish, canary rockfish, and the Sebastes 
complex, paragraphs C.(2)(a) and C.(3) of section IV. are revised, to 
read as follows:
    C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary 
Rockfish)
* * * * *
    (2) Limited entry fishery. (a) Cumulative trip limits. (i)  North 
of Cape Mendocino. The cumulative trip limit for the Sebastes complex 
taken and retained north of Cape Mendocino is 20,000 lb (9,072 kg) per 
vessel per 1-month period. Within this cumulative trip limit for the 
Sebastes complex, no more than 5,000 lb (2,268 kg) may be yellowtail 
rockfish taken and retained north of Cape Mendocino, and no more than 
10,000 lb (4,534 kg) may be canary rockfish.
    (ii) South of Cape Mendocino. The cumulative trip limit for the 
Sebastes complex taken and retained south of Cape Mendocino is 75,000 
lb (33,975 kg) per vessel per 1-month period. Within this cumulative 
trip limit for the Sebastes complex, no more than 5,000 lb (2,268 kg) 
may be bocaccio taken and retained south of Cape Mendocino, and no more 
than 10,000 lb (4,534 kg) may be canary rockfish.
    (iii) Clarification. The cumulative monthly trip limits for the 
Sebastes complex and its components are the maximum amount that may be 
taken and retained, possessed, or landed coastwide in a calendar month. 
A vessel is not entitled to double the cumulative trip limit if it 
operates both north and south of Cape Mendocino in a calendar

[[Page 51816]]

month. [xx same as added for DTS sept1]
* * * * *
    (3) Open access fishery. See paragraph IV.I.
* * * * *
    3. Effective October 1, 1997 (October 16, 1997 for the ``B'' 
platoon), for the DTS complex, paragraph E.(2)(b) (i) and (ii) and E. 
(3) of section IV. are revised, to read as follows:
    E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and 
Trawl-Caught Sablefish)
* * * * *
    (2) Limited entry fishery. * * *
    (b) Limited entry trip and size limits for the DTS complex.
    (i) North of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained north of Cape Mendocino is 11,000 lb (4,990 
kg) per vessel per 1-month period. Within this cumulative trip limit, 
no more than 2,000 lb (907 kg) may be sablefish, no more than 1,500 lb 
(680 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may be 
thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may be 
shortspine thornyheads.
    (ii) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 39,500 lb (17,917 
kg) per vessel per 1-month period. Within this cumulative trip limit, 
no more than 2,000 lb (907 kg) may be sablefish, no more than 30,000 lb 
(13,608 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may 
be thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may 
be shortspine thornyheads.
* * * * *
    (3) Open access fishery. See paragraph IV.I.
* * * * *
    4. Effective October 1, 1997 for sablefish in the open access 
fishery, paragraph I.(2)(a) of section IV. is revised, to read as 
follows:
    I. Trip Limits in the Open Access Fishery * * *
* * * * *
    (2) Sablefish. (a) North of 36 deg.00' N. lat. The cumulative trip 
limit for sablefish taken and retained north of 36 deg.00' N. lat. is 
1,500 lb (680 kg) per month. The daily trip limit for sablefish taken 
and retained north of 36 deg.00' N. lat., which counts toward the 
cumulative limit, is 300 lb (136 kg). The 1,500-lb (680-kg) cumulative 
monthly limit does not apply to exempted trawl gear (used to fish for 
shrimp, prawn, sea cucumber, and California halibut) in the open access 
fishery.
* * * * *

Classification

    These actions are authorized by the regulations implementing the 
Pacific Coast Groundfish Fishery Management Plan, which governs the 
groundfish fishery off 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 Administrator, 
Northwest Region, NMFS (see ADDRESSES) during business hours. Because 
of the need for immediate action to slow the rate of harvest of the 
species discussed above, and because the public had an opportunity to 
comment on the action at the September 1997 Council meeting, NMFS has 
determined 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(b)(1), and are exempt from review under 
E.O. 12866.

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

    Dated: September 30, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-26331 Filed 9-30-97; 4:50 pm]
BILLING CODE 3510-22-F