35144 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

thornyheads (both shortspine and

longspine), and trawl-caught sablefish

(DTS) complex. In recent years, the DTS

complex has been managed with

cumulative trip limits, with specific

limits on sablefish and thornyheads.

The remainder of catch could be Dover

sole. The industry generally

concentrated on the higher valued fish,

thornyheads and sablefish. However, at

its extreme, the entire cumulative limit

for the DTS complex (since January 1,

1996, 70,000 lb (31,752 kg) per 2-month

period ) could consist of Dover sole.

Dover sole currently is managed with a

coastwide harvest guideline, which

includes a harvest guideline for Dover

sole in the Columbia area (43°00′–47°30′

N. lat.), where harvest typically has

been the highest.

The best available information at the

June 1996 Council meeting indicated

that 1,361 mt of Dover sole in the

Columbia area had been taken through

May 31, 1996, and that the 2,850–mt

harvest guideline for this area would be

reached by October 25, 1996, if the rate

of landings is not slowed. The Council

recommended that an explicit 2-month

cumulative limit of 38,000 lb (17,236 kg)

be specified for Dover sole taken and

retained north of Cape Mendocino, CA.

This is the amount of the DTS complex

that would remain under the existing

cumulative 2-month limit north of Cape

Mendocino if the sub-limits for sablefish

and thornyheads are fully taken. The 2-

month cumulative limit for Dover sole

is applied north of Cape Mendocino

because this encompasses the Columbia

area, and is consistent with current 2-

month cumulative limits for the DTS

complex (which differ north and south

of Cape Mendocino) without unduly

restricting the fishery south of Cape

Mendocino.

NMFS action. NMFS concurs with the

Council’s recommendations, which are

intended to keep landings of POP and

Dover sole within their 1996 harvest

guidelines. These restrictions apply to

both the limited entry and open access

fisheries, including exempt trawl gear

used to harvest pink shrimp and

prawns. As stated in the annual

management measures at 61 FR 279

(January 4, 1996), ‘‘A vessel operating in

the open access fishery must not exceed

any trip limit, frequency limit, and/or

size limit for the open access fishery; or

for the same gear and/or subarea in the

limited entry fishery; or, in any calendar

month, 50 percent of any 2-month

cumulative trip limit for the same gear

and/or subarea in the limited entry

fishery, called the ’50–percent monthly

limit.’’’ The annual management

measures announced at 61 FR 279, as

amended, are modified as follows:

1. Paragraphs IV.D.(1) and (2) of the

annual management measures for POP

are revised to read as follows:

‘‘D.(1) Limited entry fishery. The

cumulative trip limit for POP is 8,000 lb

(3,629 kg) per vessel per 2-month

period. The 60–percent monthly limit is

4,800 lb (2,177 kg).

D.(2) Open access fishery. Within the

limits at paragraph IV.I. for the open

access fishery, the 50–percent monthly

limit for POP is 4,000 lb (1,814 kg).’’

2. Paragraphs IV.E.(3)(b)(i),

IV.E.(3)(b)(iii), and IV.E.(4) of the annual

management measures for the DTS

complex are revised to read as follows:

‘‘E.(3)(b)(i). North of Cape Mendocino.

The cumulative trip limit for the DTS

complex taken and retained north of

Cape Mendocino is 70,000 lb (31,752 kg)

per vessel per 2-month period. Within

this cumulative trip limit, no more than

12,000 lb (5,443 kg) may be sablefish, no

more than 38,000 lb (17,236 kg) may be

Dover sole, and no more than 20,000 lb

(9,072 kg) may be thornyheads. No more

than 4,000 lb (1,814 kg) of the

thornyheads may be shortspine

thornyheads.’’

‘‘E.(3)(b)(iii) The 60–percent monthly

limits are: For the DTS complex, 42,000

lb (19,051 kg) north of Cape Mendocino,

and 60,000 lb (27,216 kg) south of Cape

Mendocino; for trawl-caught sablefish,

7,200 lb (3,266 kg); for Dover sole north

of Cape Mendocino, 22,800 lb (10,342

kg); for both species of thornyheads

combined, 12,000 lb (5,443 kg); and for

shortspine thornyheads 2,400 lb (1,089

kg).’’

‘‘E.(4) Open access fishery. Within the

limits in paragraph IV.I. of the annual

management measures, a vessel using

exempt trawl gear in the open access

fishery is subject to the 50–percent

monthly limits which are as follows: For

the DTS complex, 35,000 lb (15,876 kg)

north of Cape Mendocino, and 50,000 lb

(22, 680 kg) south of Cape Mendocino;

for trawl-caught sablefish, 6,000 lb

(2,722 kg); for Dover sole north of Cape

Mendocino, 19,000 lb (8,618 kg); for

both species of thornyheads combined,

10,000 lb (4,536 kg); and for shortspine

thornyheads, 2,000 lb (907 kg).’’

Classification

These actions are authorized by the

regulations implementing the FMP. 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

Director, Northwest Region, NMFS (see

ADDRESSES) during business hours.

Because of the need for immediate

action to slow the rate of harvest of

Dover sole and POP, and because the

public had an opportunity to comment

on the action at the June 1996 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)(i), and are exempt

from review under E.O. 12866.

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

Dated: June 28, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–17009 Filed 6–28–96; 4:20 pm]

BILLING CODE 3510–22–F

50 CFR Part 660

[Docket No. 960126016–6121–04; I.D.

062896A]

Ocean Salmon Fisheries Off the

Coasts of Washington, Oregon, and

California; Closure from Point Arena,

CA, to the U.S.-Mexican Border

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS announces that the

recreational salmon fishery in the area

from Point Arena, CA, to the U.S.-

Mexican border, in the exclusive

economic zone (EEZ), closes at 0001

hours, July 2, 1996 and will remain

closed until 0001 hours, July 15, 1996.

The season in the EEZ will reopen

under the terms of the preseason

announcement of the 1996 management

measures. NMFS has determined that

the 2-week closure is necessary to offset

the increased impacts on Sacramento

River winter chinook salmon resulting

from the decision by the California Fish

and Game Commission (Commission) to

delay implementing an increase in the

recreational minimum size limit for

chinook salmon within state waters.

This action is necessary for ocean

salmon fisheries to remain in

conformance with the March 8, 1996,

biological opinion issued by NMFS and

is intended to provide protection to

Sacramento River winter chinook

salmon.

DATES: Effective 0001 hours local time,

July 2, 1996, through 0001 hours local

time, July 15, 1996. Comments will be

accepted through July 15, 1996.

ADDRESSES: Comments may be mailed to

Hilda Diaz-Soltero, Director, Southwest

Region, National Marine Fisheries
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35145

Service, 501 W. Ocean Blvd., Suite

4200, Long Beach, CA 90802–4132.

Information relevant to this notice has

been compiled in aggregate form and is

available for public review during

business hours at the Southwest

Regional Office, and at the Northwest

Regional Office, National Marine

Fisheries Service, 7600 Sand Point Way

NE., BIN C15700–Bldg. 1, Seattle, WA

98115–0070.

FOR FURTHER INFORMATION CONTACT:

Rodney R. McInnis or Daniel Viele,

310–980–4030.

SUPPLEMENTARY INFORMATION:

Sacramento River winter chinook was

listed under the Endangered Species Act

(ESA) in 1989. In response to continuing

and dangerously low abundance of

winter chinook, NMFS issued a March

8, 1996, biological opinion (revised

April 5, 1996) which required that

ocean fishery impacts on winter

chinook be reduced to the extent that

winter chinook spawning escapement

would be increased by 35 percent

compared to current levels. The 1996

ocean salmon management measures (61

FR 20175, May 6, 1996) recommended

by the Pacific Fishery Management

Council (Council) and approved and

implemented by NMFS meet the

requirements of the biological opinion

through a combination of season

reductions and increased minimum size

limits.

The State of California acted in late

April to conform its commercial and

recreational fishing regulations to the

Council’s recommended management

measures. On May 1, 1996, the

Commission, which regulates the

recreational salmon fishery within state

waters, announced its intent to consider

delaying implementation of the July 2

increase in the minimum size limit

south of Point Arena for recreationally

caught chinook until August 26.

The Council considered the

Commission’s proposed action at its

June 18–19 meeting in Seattle, WA.

NMFS informed the Council that any

state actions resulting in an increase in

winter chinook impacts would trigger

inseason action by NMFS to ensure the

requirements of the biological opinion

would continue to be met. NMFS urged

the Council to recommend adjustments

to the fishing seasons in the EEZ, which

would result in ocean salmon fisheries

operating within the constraints of the

biological opinion, should the

Commission delay implementation of

the July 2 minimum size limit increase.

Despite advice from its Salmon

Technical Team (STT) that the decrease

in winter chinook spawning escapement

resulting from the proposed delay

would not meet ESA requirements, the

Council, at its June 18–19 meeting,

recommended that NMFS delay the

minimum size limit increase in Federal

waters as well. The Council further

advised NMFS to constrain any Federal

regulatory adjustments stemming from

the Commission’s actions to the

California recreational fishery.

On June 21, the Commission

approved a July 15, 1996, date for the

increase in the minimum size limit for

chinook in the recreational salmon

fishery south of Point Arena. A

preliminary analysis by the STT

indicates that the difference between the

winter chinook spawning escapement

increase expected under the NMFS

approved and implemented

management measures and the

Commission’s delay to July 15 would be

0.7 percent. Although small, this

difference results in winter chinook

impacts that do not meet the

requirement of the biological opinion to

increase winter chinook spawning

escapement by 35 percent.

NMFS has taken this inseason action

to close the recreational fishery in the

EEZ during the same time period that

the Commission has delayed the

increase in the minimum size limit in

state waters. Differing size limits in

Federal and state waters are considered

to be unenforceable. Analysis of how to

compensate in the EEZ for the 2-week

delay is made difficult by the lack of

data partitioning recreational effort

between the EEZ and state waters, and

an inability to predict the portion of the

recreational effort normally occurring in

the EEZ that will shift to state waters as

a result of an EEZ closure. Data for the

commercial troll fishery off California in

1983 and 1984 indicate 67 percent of

the catch occurred in the EEZ. However,

there is no reason to assume a similar

distribution of the recreational effort.

Officials at the California Department of

Fish and Game estimate that perhaps 70

percent of the recreational effort in July

may occur inside state waters. If it is

assumed that 30 percent of the

recreational fishing effort occurs in the

EEZ and that no effort shift will result

from an EEZ closure, a 2-week closure

of the EEZ to recreational fishing in July

would approximately compensate for

the winter chinook impacts caused by

the 2-week delay in the minimum size

limit in state waters, according to the

Winter Chinook Ocean Harvest Model.

Based on that analysis, NMFS expects

that with this 2-week closure the ocean

fisheries will continue to meet the

requirements of the biological opinion.

If, however, further analysis by the STT

should indicate that additional

adjustments are required, NMFS will

consider further closures to salmon

fisheries in the EEZ.

The Regional Director consulted with

representatives of the Council and the

California Department of Fish and

Game. Because of the need for

immediate action, NMFS has

determined that good cause exists for

this notice to be issued without

affording a prior opportunity for public

comment. This notice does not apply to

other fisheries that may be operating in

other areas.

Classification

This action is authorized by 50 CFR

660.409 and 660.411 and is exempt from

review under E.O. 12866.

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

Dated: June 28, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–17010 Filed 6–28–96; 4:20 pm]

BILLING CODE 3510–22–F

50 CFR Part 681 and 15 CFR Part 902

[Docket No. 960401094–6183–02; I.D.

022296D]

RIN 0648–AI32

Western Pacific Crustacean Fisheries;

Amendment 9; OMB Control Numbers

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement Amendment 9 to the Fishery

Management Plan for the Crustacean

Fisheries of the Western Pacific Region

(FMP). This rule establishes a new

annual harvest limitation program for

the Northwestern Hawaiian Islands

(NWHI) lobster fishery based on the

status of stocks and an explicit level of

risk of overfishing. This eliminates

operational problems with the current

quota system. Current prohibitions on

retaining juvenile lobsters and berried

lobsters are eliminated. The rule

establishes framework procedures to

implement regulatory changes if needed

in the future. This rule also announces

the harvest guideline for the 1996

fishing season. The rule is intended to

maintain the productivity of the stocks

while providing a reasonable

opportunity for permit holders to

participate in the fishery and to

maintain their markets. The changes

also improve the administration of the