Pacific Coast Groundfish Fisheries; Control Date

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 950209046-5191-04; I.D. 071495A]

RIN 0648-AG82

Pacific Coast Groundfish Fisheries; Control Date

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; consideration of a

control date.

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SUMMARY: This notice announces that the Pacific Fishery Management

Council (Council) is considering whether there is a need to impose

additional management measures to further limit harvest capacity in the

nontrawl limited entry fishery for sablefish in the Pacific groundfish

fishery in the exclusive economic zone (EEZ) off the States of

Washington, Oregon, and California. If it is determined that there is a

need to impose additional management measures, the Council may

recommend a rulemaking to do so. Possible measures include the

establishment of a limited entry program for the sablefish fishery

through the establishment of a sablefish endorsement for nontrawl

limited entry ``A'' permits to control participation or effort in the

nontrawl sablefish fishery. If a limited entry program is established,

the Council is considering June 29, 1995, as a possible control date.

Consideration of a control date is intended to discourage new entry by

nontrawl ``A'' permit holders into the sablefish fishery based on

economic speculation during the Council's deliberation on the issues.

Persons interested in the limited entry sablefish fishery should

contact the Council to stay up to date on the management direction in

the fishery.

DATES: Comments must be submitted by August 31, 1995.

ADDRESSES: Comments should be directed to the Pacific Fishery

Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR

97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson 206-526-6140; or

Rodney R. McInnis 310-980-4040.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan (FMP) for

Pacific groundfish was approved on January 4, 1982 (47 FR 43964;

October 5, 1982), and implementing regulations appear at 50 CFR parts

611 and 663. On November 16, 1992, NMFS published final regulations

implementing Amendment 6 to the Pacific groundfish FMP (57 FR 54001),

codified at 50 CFR part 663, subpart C. Amendment 6 and its

implementing regulations establish a license limitation limited entry

program for the commercial groundfish fishery based on the issuance of

gear-specific Federal limited entry permits. Limited entry permits are

endorsed for one or more of three gear types (trawl, longline, and trap

(or pot)). A vessel meeting specific minimum landing requirements with

a particular gear during the qualifying ``window period'' (July 11,

1984, through August 1, 1988) received a transferable permit with an

``A'' endorsements for that gear.

Amendment 6 also divides the Pacific Coast commercial groundfish

fishery into two segments. The first segment is the limited entry

fishery, consisting of vessels with limited entry permits endorsed for

longline and/or trap (or pot) gear and all vessels using trawl gear.

The second segment is the open access fishery, consisting of vessels

using all other gear, as well as vessels that do not have limited entry

permits endorsed for use of longline or trap (or

[[Page 39145]]

pot) gear, but that make small landings with longline or trap (or pot)

gear.

The annual sablefish harvest guideline, after deductions for treaty

Indian harvest and allocation to the open access fishery, is divided

between the limited entry trawl fishery (58 percent) and the limited

entry longline/fish trap (or pot) fishery (42 percent), which is called

the nontrawl fishery. The regular sablefish fishing season for nontrawl

vessels with limited entry permits has been progressively shorter each

year for the past several years as a result of shrinking harvest

guidelines and increased fishing effort. Competition for the limited

resource has reached critical levels, and the Council has considered

several approaches to addressing the major problems. The 1995 season is

expected to be the shortest on record, approximately 7 days. Despite

the fact that the number of nontrawl limited entry ``A'' licenses is

limited to 237, only 131 landed sablefish during 1994, leaving an

additional 106 permits that represent latent effort that potentially

could participate in future sablefish harvests.

In June 1995, the Council held a scoping meeting to solicit input

from the industry and the public on future management of the nontrawl

fisheries. Based on the results of the meeting, the Council is

beginning the development of management options for the fishery. The

range of options the Council will consider includes, but is not limited

to, limiting participation in the sablefish fishery only to those

permit holders with a past history of sablefish landings, differential

cumulative trip limits based on fishermen receiving ``points'' for

meeting certain qualifying criteria, a two-tier system of cumulative

trip limits based on historical sablefish landings during particular

qualifying time periods, equal shares or cumulative trip limits,

associating trip limits with permits and allowing use of more than one

permit on a vessel, split seasons, and area management. The Council has

previously considered individual transferable quota (ITQ) options, but

has delayed, indefinitely, further consideration pending changes to the

Magnuson Act.

Implementation of any management measures for the fishery may

require preparation by the Council of an amendment to either or both

the Pacific groundfish FMP or its implementing regulations. The Council

will discuss these issues at its

August 1995 meeting in San Francisco, CA. In either event,

publication of a proposed rule with a public comment period, NMFS'

approval of the rule or FMP amendment, and publication of a final rule

would be required.

As the Council considers management options, some permit holders

who do not currently harvest sablefish with limited entry gear, and

have never done so, may decide to enter the fishery for the sole

purpose of establishing a record of making commercial landings of

sablefish. When management authorities begin to consider limited access

management regimes, this kind of speculative entry often is responsible

for a rapid increase in fishing effort in fisheries that are already

fully developed or overdeveloped. The original fishery problems, such

as overcapitalization or overfishing, may be exacerbated by the entry

of new participants. If management measures to limit participation or

effort in the fishery are determined to be necessary, the Council is

considering June 29, 1995, as the control date. Anyone entering the

fishery after that date may not be assured of future participation in

the fishery if a management regime is developed and implemented that

limits the number of participants in the fishery.

Consideration of a control date does not commit the Council or NMFS

to any particular management regime or criteria for entry into the

sablefish fishery. Fishermen are not guaranteed future participation in

the sablefish fishery, regardless of their date of entry or intensity

of participation in the fishery before or after the control date under

consideration. The Council may subsequently choose a different control

date, or it may choose a management regime that does not make use of

such a date. For example, on February 5, 1992 (57 FR 4394), NMFS

published in the Federal Register a notice of control date informing

fishermen that a vessel or individual entering the Pacific groundfish

or Pacific halibut fisheries off the States of Washington, Oregon, and

California, may be assigned a lesser priority for issuance and shares

of ITQ shares in a potential ITQ-based limited access system. The

Council may choose to give variably weighted consideration to fishermen

in the fishery before and after the control date. Other qualifying

criteria, such as documentation of commercial landings and sales, may

be applied for entry. The Council may choose also to take no further

action to control entry or access to the sablefish fishery, in which

case the control date may be rescinded.

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

Dated: July 27, 1995.

Richard B. Stone,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 95-18832 Filed 7-27-95; 3:08 pm]

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