[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59752-59758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25631]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 991223347-9347; I.D. 092800C]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Trip Limit Adjustments

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 changes to the limited entry and open access 
trip limits in the Pacific coast groundfish fishery. This document also 
announces the last cumulative trip limit period in 2000 for the ``B'' 
platoon, those limited entry trawl vessels designated to take their 
cumulative trip limits 2 weeks out of phase with the rest of the fleet. 
These actions, which are authorized by the Pacific Coast Groundfish 
Fishery Management Plan (FMP,) are intended to help the fisheries 
achieve optimum yield (OY) while still protecting overfished and 
depleted stocks.

DATES: Changes to management measures are effective 0001 hours (local 
time) October 2, 2000, unless modified, superseded, or rescinded. These 
changes are effective until the effective date of the 2001 annual 
specifications and management measures for the Pacific coast groundfish 
fishery, which will be published in the Federal Register. Comments on 
this rule will be accepted through October 23, 2000.

ADDRESSES: Submit comments to Donna Darm, Acting Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
N.E., BIN C15700, Bldg. 1, Seattle, WA 98115-0070; or Rebecca Lent, 
Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 
4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Becky Renko 
(Northwest Region, NMFS) 206-526-6140.

SUPPLEMENTARY INFORMATION: The following changes to current management 
measures were recommended by the Pacific Fishery Management Council 
(Council,) in consultation with the States of Washington, Oregon, and 
California, at its September 11-15, 2000, meeting in Sacramento, CA. 
Pacific coast groundfish landings will be monitored throughout the 
year, and further adjustments to the trip limits will be made as 
necessary to stay within the OYs and allocations announced in the 2000 
annual specifications and management measures for the groundfish 
fishery (65 FR 221, January 4, 2000, as amended at 65 FR 4169, January 
26, 2000; 65 FR 17805, April 5, 2000; 65 FR 25881, May 4, 2000; 65 FR 
31283, May 17, 2000; 65 FR 33423, May 23, 2000; and 65 FR 45308, July 
21, 2000).

Yellowtail Rockfish Taken in Limited Entry Trawl Fisheries for 
Flatfish; Yellowtail Rockfish, Arrowtooth Flounder, and Other 
Flatfish in Limited Entry Trawl Fisheries

    During the winter months, yellowtail rockfish tend to move to 
rockier habitats and are not as closely associated with flatfish as 
they are during the summer months. To make yellowtail rockfish and 
flatfish management more consistent with natural catch association 
patterns, and to reduce discards of yellowtail rockfish taken with 
small footrope bottom trawl gear by vessels fishing for flatfish, per-
trip limits for yellowtail rockfish taken with small footrope bottom 
trawl gear were introduced in July (65 FR 45308, July 21, 2000). At its 
September meeting, the Council recommended maintaining a per-trip limit 
for yellowtail rockfish taken with small footrope bottom trawl gear 
through the November to December period. The per-trip limit during the 
July to October period is equivalent to the sum of 33 percent (by 
weight) of all flatfish except arrowtooth flounder, plus 10 percent (by 
weight) of arrowtooth flounder, not to exceed 7,500 lb (3,402 kg). 
During the November to December cumulative trip limit period, the 
flatfish fishery is concentrated in depths that have less association 
with yellowtail rockfish; therefore, the Council recommended decreasing 
the per-trip limit to the sum of 33 percent (by weight) of all flatfish 
except arrowtooth flounder, plus 10 percent (by weight) of arrowtooth 
flounder, not to exceed 2,500 lb (1,134 kg).
    Through August 31, 2000, only 21.1 percent of the OY for yellowtail 
rockfish set aside for the limited entry fishery north of Cape 
Mendocino (40 deg. 10' N. lat.) had been landed. To allow fishers 
access to these stocks without exceeding 2000 OYs, the Council 
recommended increasing the yellowtail rockfish 2-month cumulative limit 
for the November to December period from the previously established 
10,000 lb (4,536 kg) to 30,000 lb (13,608 kg). Yellowtail rockfish 
taken in the flatfish fisheries and subject to the 2,500 lb per-trip 
limit would also be subject to the 2-month cumulative limit.
    The Council also recommended increasing the per-trip limit for 
arrowtooth flounder taken with large or small footrope bottom trawl 
from the prior recommended 10,000 lb (4,536 kg) to 20,000 lb (9,072 kg) 
per trip. Because arrowtooth flounder are not a high-value species, 
this limit is not expected to increase targeted effort on that species.
    To allow fishers access to ``other flatfish'' without exceeding 
2000 OYs, the Council recommended increasing the limit for other 
flatfish taken with large footrope bottom trawl from 400 lb (181 kg) 
per trip to 1,000 lb (454 kg) per trip for the November-December 
period. Other flatfish means all flatfish listed at 50 CFR 660.302 
except those with species-specific trip limits and rex sole.

Limited Entry Trawl and Fixed Gear, and Open Access Minor Slope 
Rockfish South of 40 deg.10' N. lat.

    Throughout 2000, minor slope rockfish landings south of 40 deg.10' 
N. lat.

[[Page 59753]]

have been slow. The best available information at the September Council 
meeting indicated that limited entry fisheries south of 40 deg.10' N. 
lat. had landed 11.6 percent of slope rockfish set aside for those 
fisheries in 2000, and that open access fisheries had landed only 4.4 
percent of its minor slope rockfish allocation, through the end of 
August 2000. Given these low landings rates, the Council recommended 
increasing cumulative landings limits to levels that would allow higher 
landings without jeopardizing overfished and depleted stocks. The 
Council recommended increasing the limited entry minor slope rockfish 
2-month cumulative landings limit for both trawl and fixed gear south 
of 40 deg.10' N. lat. from 7,000 lb (3,175 kg) to 20,000 lb (9,072 kg) 
for the September to October trip limit period. For the November to 
December period the Council recommended setting the limited entry 
cumulative limit previously announced for minor slope rockfish south of 
40 deg.10' N. lat. from 1,500 lb per month (680 kg) to 10,000 per month 
(4,536 kg) for the trawl fishery and from 1,500 lb (680 kg) per month 
to 20,000 lb (9,072 kg) 2-month period for the fixed gear fleet. The 
open access, minor slope rockfish 2-month cumulative limit south of 
40 deg.10' N. lat. are increased from 1,000 lb (454 kg) (454 kg) to 
3,000 lb (1,361 kg) for the September to October period and from 500 lb 
(227 kg) to 3,000 lb (1,361 kg) for the November to December period.

Limited Entry Trawl Fishery for Sablefish; Limited Entry, Fixed 
Gear and Open Access Daily Trip Limit Fisheries for Sablefish North 
of 36 deg. N. lat.

    The best available information through August 31, 2000, indicates 
that the landings of sablefish in the limited entry trawl fishery were 
at 42.0 percent of the 2000 allocation for that fishery. To allow 
limited entry trawl fishers access to sablefish without exceeding 2000 
OYs, the Council recommended increasing the 2-month cumulative limit 
from 10,000 lb (4,536 kg) (4,536 kg) to 12,000 lb (5,443 kg) for the 
September to October period and increasing the previously announced 1-
month limit of 3,500 lb (1,588 kg) to 6,000 lb (2,722 kg) for the 
November to December period.
    Sablefish in the southern areas tend to be smaller than those in 
the northern areas. To reduce the discard of small fish that are 
otherwise marketable, fishers requested that the Council remove the 
per-trip limit of 500 lb (227 kg) for sablefish smaller that 22 inches 
(56 cm). In response to this request, the council recommended removing 
the length requirement for the remainder of 2000.
    Similarly, daily trip limit sablefish landings in both the 2000 
limited entry fixed gear and open access fisheries have been relatively 
low through the spring and summer months. The best available 
information at the September Council meeting indicated that limited 
entry fixed gear fisheries through July, had landed 21.1 percent of the 
sablefish set aside for daily landings, and that the open access 
fisheries through August, had landed 14.5 percent of their sablefish 
allocation. The limited entry and open access daily trip limit 
fisheries for sablefish north of 36 deg. N. lat. are restricted by a 
300-lb (136-kg) per day limit in combination with a 2-month cumulative 
limit. For the limited entry fixed gear fishery, the Council 
recommended increasing the daily limit from 300 lb (136 kg) per day to 
400 lb (181 kg) per day and adding an option which allows fishers 
instead to opt to make one landing per week above 400 lb (181 kg) and 
not to exceed 1,000 lb (454 kg). Under either option the fishery is not 
to exceed the 2-month cumulative limit. The 2-month cumulative limit 
was increased from 3,330 lb (1,497 kg) to 8,000 lb (3,629 kg) for the 
September to October period and increased from the prior recommended 
2,400 lb 2-month limit to 8,000 lb (3,629 kg) for the November to 
December period. As announced in the annual specifications and 
management measures (65 FR 221, January 4, 2000), 1 week means 7 
consecutive days, Sunday through Saturday.
    For the open access fixed gear fishery, the Council recommended 
keeping the daily limit at 300 lb (136 kg) per day, but also included 
an option which allows fishers to make one weekly landing above 300 lb 
(136 kg), but not to exceed 1,200 lb (544 kg). To allow the open access 
fishery a chance to harvest their sablefish allocation without 
exceeding 2000 OYs, the Council recommended removing the cumulative 
limits for the remainder of 2000.

Limited Entry Fixed Gear and Open Access Fisheries for Minor 
Nearshore Rockfish North and South

    Minor nearshore rockfish landings in the limited entry and open 
access fisheries have been low throughout 2000. The best available 
information at the September Council meeting indicated that limited 
entry fisheries had landed 10.3 percent of the allocation for that 
fishery north of 40 deg.10' N. lat., and 8.8 percent of the allocation 
for that fishery south of 40 deg.10' N. lat., through August 31, 2000. 
Similarly, the best available information at that meeting indicated 
that open access fisheries had landed 36.9 percent of the allocation 
for that fishery north of 40 deg.10' N. lat., and 16.3 percent of the 
allocation for that fishery south of 40 deg.10' N. lat. To allow 
fishers access to these stocks without exceeding 2000 OYs, the Council 
recommended significant increases to the minor nearshore rockfish 
landings limits for both the limited entry fixed gear and open access 
fisheries.
    North of 40 deg.10' N. lat. and starting October 2, 2000, the 
Council recommended increasing the limited entry minor nearshore 
rockfish fixed gear limit for the September to October period from 
5,000 lb (2,268 kg) to 10,000 lb (4,536 kg) per 2-month period, with 
the sublimit for minor nearshore rockfish other than blue or black 
rockfish increasing from 1,800 lb(816 kg) to 4,000 lb (1,814 kg) per 2-
month period. The previously recommended 3,000 lb (1,361 kg) per 2-
month period for the November to December period will also be increased 
to 10,000 lb (4,536 kg) with the sublimit for minor nearshore rockfish 
other than blue or black rockfish increasing from the previously 
recommended 1,400 lb(635 kg) to 4,000 lb (1,814 kg) per 2-month period.
    The 2-month cumulative limit for the open access fishery of minor 
nearshore rockfish north of 40 deg.10' N. lat. starting October 2, 
2000, increases from 3,000 lb (1,361 kg) to 6,000 lb (2,722 kg)), with 
the sublimit for minor nearshore rockfish other than blue or black 
rockfish increasing from 900 lb (408 kg) to 2,000 lb (907 kg). For the 
November to December period the 2-month cumulative limit increases from 
the previously recommended 1,000 lb (454 kg) to 6,000 lb (2,722 kg), 
with the sublimit for minor nearshore rockfish other than blue or black 
rockfish increasing from the previously recommended 500 lb (227 kg) to 
2,000 lb (907 kg).
    Lingcod and rockfish are taken in the recreational fishery in 
waters (0-3 nm) managed by the State of California. To ensure the pre-
season estimates for overfished species off California (bocaccio, 
lingcod, canary rockfish, cowcod) are not exceeded, the State may take 
actions to prohibit recreational landings in State waters. Recreational 
fishery closures south of Point Conception (34 deg.27' N. lat.) are 
likely to occur in late 2000. The State of California Fish and Game 
Commission is scheduled to meet in October, during which time they will 
review the best available landings data and make recommendations on 
recreational fishery management in California

[[Page 59754]]

waters. The Council asked NMFS to coordinate with the State of 
California to implement consistent changes in Federal waters (3-200 nm 
offshore) to prevent OYs of rockfish and lingcod from being exceeded.
    Actions that may be taken by the State of California, and 
recommended by NMFS, to prevent excess harvest may include prohibiting 
further taking, retaining, possessing or landing of minor nearshore 
rockfish in the limited entry and open access fixed gear fisheries 
south of 34 deg.27' N. lat. during the November to December period. Any 
such actions will be published in the Federal Register. To allow 
commercial harvest in the nearshore rockfish fisheries, with the least 
impact on overfished species, the Council recommended establishing 
separate cumulative trip limits for the area between 40 deg.10' N. lat. 
and 34 deg.27' N. lat., and the area south of 34 deg.27' N. lat. 
Beginning, October 2, 2000, in the limited entry fixed gear fishery for 
minor nearshore rockfish between 40 deg.10' N. lat. and 34 deg.7' N. 
lat., the 2-month cumulative trip limit for increases from 2,000 lb 
(907 kg)) to 6,000 lb (2,722 kg), continuing through December replacing 
the previously recommend 2-month limit of 1,300 (590 kg) for the 
November to December period. The open access minor nearshore rockfish 
2-month cumulative limit for the fishery between of 40 deg.10' N. lat. 
and 34 deg. 27' N. lat. increases from 1,600 lb (726 kg) to 4,000 lb 
(1,814 kg) per 2-month period beginning October 1, and continues 
through December. This replaces the previously recommend 2-month limit 
of 800 lb (363 kg) for the November to December period.
    The limited entry fixed gear minor nearshore rockfish 2-month 
cumulative limit for the fishery south of 34 deg.27' N. lat. will be 
increased from 2,000 lb (907 kg) to 9,000 lb (4,082 kg) for the 
September to October period, and from 1,300 lb (590 kg) to 3,000 lb 
(1,361 kg) for the November to December period. The open access (fixed 
gear) minor nearshore rockfish 2-month cumulative limit for the area 
south of 34 deg.27' N. lat. will be increased from 1,600 lb (726 kg) to 
6,000 lb (2,722 kg) for the September to October period, and from 800 
lb (363 kg) to 2,000 lb (907 kg) for the November to December period.

Final Period for the ``B'' Platoon

    NMFS also announces the last cumulative trip limit period in 2000 
for the ``B'' platoon i.e., those limited entry trawl vessels 
designated (on their limited entry permit) 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 cumulative trip limit period 
will be from November 16, 2000, through December 31, 2000. At any time 
during this period, each vessel in the ``B'' platoon is allowed to take 
and retain, possess, or land the equivalent of two 1-month cumulative 
limits (the November and December cumulative trip limits). For species 
for which there are 2-month cumulative limits, the vessels in the ``B'' 
platoon must take the final 2-month cumulative limit during the final 
period from November 16, 2000, through December 31, 2000.

NMFS Actions

    For the reasons stated here, NMFS concurs with the Council's 
recommendations and announces the following changes to the 2000 annual 
management measures (65 FR 221, January 4, 2000, as amended at 65 FR 
4169, January 26, 2000; 65 FR 17805, April 5, 2000; 65 FR 25881, May 4, 
2000; 65 FR 31283, May 17, 2000; 65 FR 33423, May 23, 2000; and at 65 
FR 45308, July 21, 2000) as follows:
    In Section IV, under B. Limited Entry Fishery, Tables 3 and 4 are 
revised, and under C. Trip Limits in the Open Access Fishery, Table 5 
is revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

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C. Trip Limits in the Open Access Fishery
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Classification

    These actions are authorized by the regulations implementing the 
FMP and the annual specifications and management measures and emergency 
rule published at 65 FR 221 (January 4, 2000) 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 (AA) finds good 
cause to waive the requirement to provide prior notice and comment on 
this action pursuant to 5 U.S.C. 553(b)(B) because providing prior 
notice and opportunity for comment would be impracticable. It

[[Page 59758]]

would be impracticable because the current 2-month cumulative limit 
period began on September 1, 2000, and affording additional advance 
notice and opportunity for public comment would drastically reduce the 
amount of time the fishers have to take the increased September to 
October limit. The increases to trip limits relieve burdens on the 
public as the trip limits provide for an increase in fishing 
opportunities. In addition, the affected public had the opportunity to 
comment on these actions at the September 11-15, 2000, Council meeting. 
This action should be implemented as soon as possible to provide 
fishers the opportunity to achieve the increased trip limits.
    Since this action increases trip limits, it relieves a restriction 
and therefore, the AA find, under 5 U.S.C. 553(d)(1), it is unnecessary 
to delay for 30 days the effective date of this action.
    These actions are taken under the authority of 50 CFR 
660.323(b)(1), and are exempt from review under Executive Order 12866.

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

    Dated: October 2, 2000.
Clarence Pautzke,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-25631 Filed 10-2-00; 4:30 pm]
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