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[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Pages 16811-16812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8058]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 941265-4365; I.D. 032295B]

Pacific Coast Groundfish Fishery; Thornyhead Trip Limits

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 reductions in the cumulative vessel trip limits 
for longspine and shortspine thornyheads in the groundfish fishery off 
Washington, Oregon, and California. This action is authorized by the 
regulations implementing the Pacific Coast Groundfish Fishery 
Management Plan. The trip limits are intended to keep landings from 
exceeding the 1995 harvest guidelines for longspine thornyheads and the 
overfishing level for shortspine thornyheads, while extending the 
fishery as long as possible during the year.

DATES: Effective from 0001 hours (local time) April 1, 1995, until the 
effective date of the 1996 annual specifications and management 
measures, which will be published in the Federal Register. Comments 
will be accepted through April 18, 1995.

ADDRESSES: Submit comments to William Stelle, Jr., Director, Northwest 
Region, National Marine Fisheries Service, 7600 Sand Point Way NE., 
BIN-C15700, Seattle, WA 98115-0070; or Hilda Diaz-Soltero, Director, 
Southwest Region, National Marine Fisheries Service, 501 W. Ocean 
Blvd., Suite 4200,
    Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140; 
or Rodney McInnis at 310-980-4030.

SUPPLEMENTARY INFORMATION: Dover sole, thornyheads, and trawl-caught 
sablefish (DTS) are managed collectively as the DTS complex because 
they are often caught together in the trawl fishery. Thornyheads 
include two species, shortspine and longspine, which also often are 
caught together. In 1995, the 1,500 metric ton (mt) harvest guideline 
for shortspine thornyheads was set higher than the 1,000-mt acceptable 
biological catch (ABC), [[Page 16812]] largely because of uncertainty 
in the new stock assessment. The harvest guideline for shortspine 
thornyheads is near the level that would produce the maximum 
sustainable yield (MSY) and the overfishing level is about 1,800 mt. 
Longspine thornyheads are being fished down to the level that would 
produce MSY. However, in 1995, longspine thornyheads have a 6,000-mt 
harvest guideline, which is below its ABC of 7,000 mt, primarily to 
protect the fully exploited shortspine thornyheads.
    On January 4, 1995, (60 FR 2331, January 9, 1995), the cumulative 
trip limit for both longspine and shortspine thornyheads combined was 
set at 20,000 lb (9,072 kg) per vessel per month, of which no more than 
4,000 lb (1,814 kg) may be shortspine thornyheads. The catch of 
thornyheads is counted toward the cumulative trip limit for the DTS 
complex, which is 35,000 lb (15,876 kg) per vessel per month north of 
Cape Mendocino (40 deg.30'00'' N. lat.) and 50,000 lb (22,680 kg) per 
vessel per month south of Cape Mendocino. A cumulative trip limit is 
the maximum amount that may be taken and retained, possessed or landed 
per vessel in a specified period of time, without a limit on the number 
of landings or trips.
    During the March 1995 meeting of the Pacific Fishery Management 
Council (Council), the Council was advised that at the current rate of 
harvest, the harvest guidelines for both longspine and shortspine 
thornyheads would be achieved well before the end of the year and the 
overfishing level for shortspine thornyheads would be exceeded. The 
Council, therefore, asked NMFS to convene an emergency teleconference 
with key members of the Council, its Groundfish Management Team (GMT) 
and Groundfish Advisory Subpanel, state fishery representatives, and 
the interested public to consider the issue and take action to reduce 
the harvest of thornyheads before the April 1995 Council meeting.
    The best available information presented at the March 14, 1995, 
teleconference indicated that the catch of shortspine thornyheads 
through March 4, 1995, was 350 mt. The GMT projected that if the 
February rate continued to the end of the year, the total catch of 
shortspine thornyheads would be 2,251 mt, the harvest guideline would 
be exceeded by 50 percent, and the overfishing level would be exceeded 
by about 25 percent. The landings of longspine thornyheads through 
March 4, 1995, was 993 mt or 17 percent of the harvest guideline, and 
if the February rate continued, the total catch for the year would be 
7,248 mt, and the harvest guideline would be exceeded by 21 percent. At 
the March 14, 1995, teleconference, the GMT recommended a 25 percent 
reduction to current trip limits for thornyheads to avoid exceeding the 
overfishing level for shortspine thornyheads and the harvest guideline 
for longspine thornyheads. The participating Council and state 
representatives all concurred. The reductions would bring the catch of 
shortspine thornyheads down to about 1,800 mt by the end of the year, 
near its overfishing level, and the catch of longspine thornyheads to 
just below its 6,000-mt harvest guideline. This provides flexibility to 
take later actions in June 1995, if necessary. Larger reductions of the 
trip limits were not recommended at this time because: (1) Discards may 
increase, (2) there is adequate time to adjust the trip limits later in 
the year, and (3) diversion to other fisheries in the spring may reduce 
the effort on thornyheads.
    NMFS concurs with the GMT recommendation and is imposing an 
immediate 25 percent reduction in the cumulative trip limit for 
thornyheads. Beginning April 1, 1995, no more than 15,000 lb (6,804 kg) 
cumulative per month may be longspine and shortspine thornyheads 
combined (reduced from 20,000 lb (9,072 kg)), of which no more than 
3,000 lb (1,361 kg) may be shortspine thornyheads (reduced from 4,000 
lb (1,814 kg)). The north and south cumulative trip limits for DTS 
complex and the cumulative per trip limits for sablefish remain 
unchanged.

NMFS Action

    NMFS hereby announces the following changes to the management 
measures for the DTS complex announced at paragraphs IV.E(b)(ii)(A) and 
(B) at 60 FR 2342, January 9, 1995:
    (A) North of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained north of Cape Mendocino is 35,000 lb (15,876 
kg) per vessel per month. Within this cumulative trip limit, no more 
than 6,000 lb (2,722 kg) may be sablefish, and no more than 15,000 lb 
(6,804 kg) may be thornyheads. No more than 3,000 lb (1,361 kg) of the 
thornyheads may be shortspine thornyheads.
    (B) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 50,000 lb (22,680 
kg) per vessel per month. Within this cumulative trip limit, no more 
than 6,000 lb (2,722 kg) may be sablefish, and no more than 15,000 lb 
(6,804 kg) may be thornyheads. No more than 3,000 lb (1,361 kg) of the 
thornyheads may be shortspine thornyheads.

Classification

    The determination to take this action is based on the most recent 
data available. The aggregate data upon which the determination is 
based are available for public inspection at the Office of the 
Director, Northwest Region, (see ADDRESSES) during business hours.
    Because any delay in the implementation of this action could result 
in exceeding the overfishing level for shortspine thornyheads, NMFS 
finds good cause to waive the 30-day delayed effectiveness requirement 
of the Administrative Procedure Act.
    This action is taken under the authority of 50 CFR 
663.23(c)(1)(i)(G), and is exempt from review under E.O. 12866.

    Dated: March 28, 1995.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-8058 Filed 3-29-95; 12:14 pm]
BILLING CODE 3510-22-F
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