Pacific Coast Groundfish Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 931249-3349; ID.# 042694D]

Pacific Coast Groundfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic

Atmospheric Administration (NOAA), Commerce.

ACTION: Adjustment to trip limits; clarifications; request for

comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces a change in the trip limit for rockfish taken

with set nets in the open access fishery for groundfish in the U.S.

exclusive economic zone off the coast of California as authorized by

the Pacific Coast Groundfish Fishery Management Plan (FMP). This action

is intended to keep landings as close as possible to the open access

allocation without causing excessive discards. Clarifications to the

management measures for 1994 also are announced. The clarifications do

not result in changes to Federal management of the fishery.

DATES: Effective May 3, 1994 through December 31, 1994. Comments will

be accepted by June 6, 1994.

ADDRESSES: Comments should be sent to Mr. J. Gary Smith, Acting

Director, Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700,

Bldg. 1, Seattle, WA 98115-0070; or Dr. Gary Matlock, Acting Director,

Southwest Region, NMFS, 501 West Ocean Blvd., suite 4200, Long Beach,

CA 90802-4213. Information relevant to this action has been compiled in

aggregate form and is available for public review during business hours

at the Office of the Director, Northwest Region, NMFS, (Regional

Director) or may be obtained from the Pacific Fishery Management

Council (Council), by writing Pacific Fishery Management Council, Metro

Center, suite 420, 2000 SW. First Avenue, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,

NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-

980-4040.

SUPPLEMENTARY INFORMATION: At its April 4-8, 1994, meeting in

Burlingame, CA, the Council recommended changes to the 1994 groundfish

fishery specifications and management measures published in the Federal

Register at 59 FR 685, on January 6, 1994. NMFS concurs with the

Council's recommendations, and herein announces the following changes

and clarifications for the reasons stated below.

A. Change the Open Access Trip Limit for Rockfish Caught With Set Nets

The current trip limit for all open access gear except exempted

trawl gear is 10,000 pounds (4,536 kg) per trip for all rockfish

combined, not to exceed 40,000 pounds (18,144 kg) cumulative in a

month. Representatives of the California set net fleet testified that

they frequently catch more than 10,000 pounds (4,536 kg) per trip,

resulting in significant discards. The Council agreed that the 10,000-

pound (4,536 kg) trip limit could be removed for the set net fishery to

minimize discards and disruption of traditional fishing patterns, but

the 40,000 pound (18,144 kg) cumulative limit per month must remain in

effect. No change was recommended for any other open access gear

because these gears have different fishing patterns and the per trip

limit is not as likely to cause discards. Data are inadequate at this

time to determine landings by the set net fishery or to project whether

the open access allocation for rockfish will be reached before the end

of the year. The set net fishery is expected to take about 20 percent

of the open access allocation of rockfish. The Council agreed that the

10,000-pound (4,536 kg) trip limit may be inappropriate for this sector

of the industry if large levels of discards are occurring, but warned

that more severe restrictions will be implemented later in the year if

necessary to avoid exceeding the open access allocation. Set nets are

legal gear only south of 38 deg. N. Latitude.

The revised trip limit modifies the document published on January

6, 1994 (59 FR 697), at paragraph IV.G.(1)(a), as follows:

G. Vessel Limits in the Open-Access Fishery

(1) Set net, hook-and-line, pot, and other exempt gear except

exempted trawl gear:

(a) Rockfish. No more than 40,000 pounds (18,144 kg) cumulative of

rockfish may be taken and retained, possessed, or landed per vessel per

month. No more than 10,000 pounds (4,536 kg) of rockfish may be taken

and retained, possessed, or landed per vessel per fishing trip, unless

caught with a set net, in which case the 10,000-pound (4,536 kg) trip

limit does not apply. Rockfish means the Sebastes complex (including

yellowtail rockfish), shortbelly rockfish, widow rockfish, Pacific

ocean perch, and thornyheads, as listed at 50 CFR 663.2. Within these

limits, a vessel may not take and retain, possess or land more widow

rockfish, Pacific ocean perch, thornyheads, DTS complex, Sebastes

complex, yellowtail rockfish, or bocaccio than authorized for the

limited-entry fishery. (See paragraphs B.(1), C.(2), D.(1), and E.(3).)

B. Clarify the Provision for ``Fishing Ahead'' on the Next Limit

Some confusion has arisen regarding the provision at 59 FR 695,

paragraph IV.A.(4), that allows a vessel that already has landed its

cumulative or daily limit for a species to ``fish ahead'' on its limit

for the next cumulative or daily period. Some vessels would off-load

part of their catch, keeping trip limit species on board for offloading

after the next legal period begins. This is not permitted because, if a

vessel off-loads any fish, all fish on board count toward the limit for

the current period. The definition of ``landing'' at 50 CFR 663.2

states that ``once transfer begins, all fish aboard the vessel are

counted as part of the landing.'' Therefore, if a vessel off-loads any

species of fish (including groundfish with no trip limits, shrimp,

prawns or other nongroundfish species) while having on board a species

or species group whose cumulative (or daily) limit has been reached,

the fish on board will be counted toward the current period's

cumulative or daily limit, which then is exceeded. Paragraph IV.A.(4)

is clarified as follows:

(4) Unless the fishery is closed, a vessel which has landed its

cumulative or daily limit may continue to fish on the limit for the

next legal period so long as no fish (including but not limited to

groundfish with no trip limits, shrimp, prawns or other nongroundfish

species or shellfish) are landed (offloaded) until the next legal

period. As stated in the regulations at 50 CFR 663.2, once offloading

of any species begins, all fish aboard the vessel are counted as part

of the landing.

C. Clarify the Calculation of the Sablefish Trawl Trip Limit

The Council originally recommended a sablefish trip limit of 25

percent of the DTS complex (Dover sole, thornyheads, and trawl-caught

sablefish). This has caused some confusion. The legal limit for

sablefish is difficult to determine because it is based on the total

amount of legal DTS complex, including sablefish. To simplify this trip

limit, NMFS is restating it in equivalent terms that are easier to

calculate--25 percent of the DTS complex (including sablefish) is

equivalent to 33.333 percent (approximately one third) of the legal

thornyheads and Dover sole (i.e. the DTS complex excluding sablefish).

Paragraph IV.E.(3)(b)(ii), at 59 FR 696, is restated below:

(b) Trip and Size Limits--(ii) Trip limits. Coastwide, no more than

50,000 pounds (22,680 kg) cumulative of the DTS complex may be taken

and retained, possessed, or landed per vessel per month. Within this

50,000 pounds (22,680 kg), no more than 30,000 pounds (13,608 kg)

cumulative may be thornyheads, and no more than 12,000 pounds (5,443

kg) cumulative may be trawl-caught sablefish. In any landing of the DTS

complex, the trip limit for trawl-caught sablefish is 1,000 pounds (454

kg), or 33.333 percent of the legal thornyheads and Dover sole,

whichever is greater. In any landing, no more than 5,000 pounds (2,268

kg) of sablefish may be smaller than 22 inches (56 cm) (total length).

Note: 33.333 percent of thornyheads and Dover sole (the DTS

complex excluding sablefish) is equivalent to 25 percent of the DTS

complex (including sablefish). As stated in paragraph A.(6), at 59

FR 695, percentages are based on round weights, and, unless

otherwise specified, apply only to legal fish on board.

D. Yellowtail Rockfish Declarations

Federal trip limits for yellowtail rockfish are found at 59 FR 695,

paragraph IV.C. The States of Oregon and Washington have implemented

declaration procedures that enable vessels that transit or operate

north of Cape Lookout (where the trip limit currently is 14,000 pounds

(6,350 kg) cumulative of yellowtail rockfish per month) to fish south

of Cape Lookout and retain up to the southern limit (currently 30,000

pounds (13,608 kg) cumulative per month). Details of the declaration

procedure are set forth in the respective state regulations. Therefore,

specific descriptions of state requirements are being removed from the

Federal Register notice at 59 FR 696 by deleting the following sentence

from paragraph IV.C.(2)(c): ``For any vessel that takes and retains or

lands yellowtail rockfish during the month, a declaration must be filed

for each fishing trip that crosses the line at Cape Lookout during that

month, must be made before leaving port on the fishing trip, and may

not be changed once the vessel has left port.'' In the same paragraph,

the reference to the ``Washington Department of Fisheries'' is changed

to the ``Washington Department of Fish and Wildlife''.

The other provisions at 59 FR 695, paragraph IV.C., that apply to

vessels landing yellowtail rockfish are not changed. Vessel operators

are cautioned that the States of Oregon and Washington are in the

process of revising their requirements, and therefore the state where

the fish will be landed should be contacted to ensure compliance with

state law (Oregon Department of Fish and Wildlife, Newport, OR at 503-

867-4741 or 503-867-0300; or Washington Department of Fish and

Wildlife, Montesano WA, 206-249-4628).

E. Clarification of Yellowtail Rockfish Areas

Two errors occurred in the 1994 groundfish fishery specifications

and management measures in the description of the stock assessment and

harvest guideline areas for yellowtail rockfish. The clarifications,

explained below, cause no change in management of the fishery. (1)

Footnote ``p'' to Table 1 at 59 FR 689 incorrectly states that the

stock assessment for yellowtail rockfish divides the Columbia area at

Cape Lookout, OR. The geographic scope of the yellowtail rockfish

acceptable biological catch (ABC) is correctly described at 59 FR 690

in the third column--ABCs were determined for the areas north and south

of Cape Falcon, OR. Therefore, the first sentence of footnote ``p''

should read: ``The yellowtail rockfish assessment addresses three

separate areas: Vancouver, Columbia north of Cape Falcon, and Columbia

south of Cape Falcon plus Eureka.'' (2) The text in the first column at

59 FR 691 incorrectly states that the harvest guidelines for yellowtail

rockfish apply to the areas north and south of Cape Falcon. Cape Falcon

divides a major fishing ground, making differential trip limits on

either side of the line impractical. Instead, Cape Lookout, OR, which

is 26 nautical miles south of Cape Falcon, was used for purposes of

establishing the yellowtail rockfish harvest guidelines. Therefore, the

harvest guidelines and trip limits for yellowtail rockfish apply north

and south of Cape Lookout, as previously announced at 59 FR 687, Table

1, and at 59 FR 695, paragraph IV.C.

F. Renumbering Paragraphs

At 59 FR 697, paragraphs IV.G.(3) (i), (ii), and (iii) regarding

open access limits for California halibut or sea cucumber trawls were

inappropriately numbered, and are redesignated IV.G.(3) (a), (b), and

(c), respectively. At 59 FR 698 in the first column, paragraph IV. on

Recreational Fishing is redesignated as paragraph H.

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 until

May 18, 1994.

This action is taken under the authority of 50 CFR 663.23(c) and

section III.C.1. of the Appendix to 50 CFR part 663.

This notice is exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 663

Administrative practice and procedure, Fisheries, Fishing, and

Recordkeeping and reporting requirements.

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

Dated: May 2, 1994.

Joe P. Clem,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 94-10900 Filed 5-3-94; 8:45 am]

BILLING CODE 3510-22-P