[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Rules and Regulations]
[Pages 66655-66656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28534]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 991223347-9347; I.D. 102600C]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Recreational Fishery Closure

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

ACTION: Fishery closure; request for comments.

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SUMMARY: NMFS announces changes to the recreational fishery for 
lingcod, within the Pacific Coast groundfish fishery. This action, 
which is authorized by the Pacific Coast Groundfish Fishery Management 
Plan (FMP), is intended to protect lingcod.

DATES: Changes to management measures are effective 0001 hours (local 
time) November 2, 2000, unless modified, superseded, or rescinded.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 November 22, 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.

[[Page 66656]]


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

SUPPLEMENTARY INFORMATION: The following change to current lingcod 
management measures for waters off California was recommended by the 
Pacific Fishery Management Council (Council,) in consultation with the 
State of California, at its September 11-15, 2000, meeting in 
Sacramento, CA, and by the California Fish and Game Commission 
(Commission) at its October 19-20, 2000, meeting in San Diego, CA.
    On October 6, 2000, NMFS published a document in the Federal 
Register announcing inseason changes to trip limits for Pacific coast 
groundfish (65 FR 59752). The preamble to that document discussed the 
possibility of further inseason actions to close certain fisheries off 
California, pending decisions made in the Commission's October meeting.
    At its October 19-20, 2000, meeting, the Commission discussed 
whether fishery closures were necessary for the months of November and 
December to protect overfished and depleted species (bocaccio, lingcod, 
canary rockfish, cowcod). The best available information used by the 
Commission indicated that the coastwide lingcod optimum yield (OY) 
would be exceeded by October 31, 2000. Since the weather in central and 
southern California often remains conducive to recreational fishing 
throughout the year, the Commission decided to close the recreational 
lingcod fishery within State waters (0-3 nm offshore) for November and 
December in order to prevent further landings of lingcod. The 
Commission also asked NMFS to set complementary regulations for Federal 
waters (3-200 nm offshore).
    At its September 2000 meeting, the Council had asked NMFS to 
coordinate with the State of California to implement Federal management 
measures consistent with those of the State. Consistent with the 
Council's request and to ensure that the lingcod fishery conforms with 
the lingcod overfished species rebuilding plan, this action implements 
the Commission's recommendations on a lingcod fishery closure within 
Federal waters off California. Previously, the Council had asked NMFS 
to close the recreational fishery for lingcod off Washington State. 
Therefore, all commercial fisheries for lingcod are closed in November 
and December. Oregon's recreational fishery for lingcod remains open, 
but landings are expected to be minimal due to rough winter weather 
constraining fishing opportunities.

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 65 FR 
45308, July 21, 2000) as follows:
    In Section IV, under D. Recreational Fishery, paragraph (1) (b) is 
revised to read as follows:

IV. NMFS Actions

D. Recreational Fishery

* * * * *
    (1) * * *
    (b) lingcod. Recreational fishing for lingcod off the coast of 
California is closed from [insert date of filing for public inspection 
with the Office of the Federal Register] through December 31, 2000.
* * * * *

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 (AA), NOAA, 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 would be 
impracticable because this action is necessary to protect an overfished 
species that is managed under a rebuilding plan, and affording 
additional advance notice would reduce the agency's ability to protect 
that overfished species. In addition, the affected public had the 
opportunity to comment on these actions at the September 11-15, 2000, 
Council meeting and at the October 19-20, 2000, Commission meeting. 
Accordingly, the AA finds good cause exists to waive the 30-day delay 
in effectiveness.
    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: November 1, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-28534 Filed 11-2-00; 8:45 am]
BILLING CODE 3510-22-S