Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Trip Limit Reductions

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 042397A]

Fisheries off West Coast States and in the Western Pacific;

Pacific Coast Groundfish Fishery; Trip Limit Reductions

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Fishing restrictions; request for comments.

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

SUMMARY: NMFS announces further restrictions to the Pacific Coast

groundfish fisheries for widow rockfish,

[[Page 24846]]

bocaccio, Dover sole, thornyheads, and sablefish, and clarifies the

cross-over provisions for operating in areas with different trip

limits. These actions are authorized by regulations implementing the

Pacific Coast Groundfish Fishery Management Plan (FMP), which governs

the groundfish fishery off Washington, Oregon, and California. These

restrictions are intended to keep landings as close as possible to the

1997 harvest guidelines for these species.

DATES: Effective from 0001 hours (local time) May 1, 1997, until the

effective date of the 1998 annual specifications and management

measures for the Pacific Coast groundfish fishery, which will be

published in the Federal Register. For vessels operating in the B

platoon, effective from 0001 hours (local time) May 16, 1997, until the

effective date of the 1998 annual specifications and management

measures for the Pacific Coast groundfish fishery, which will be

published in the Federal Register. Comments will be accepted through

May 22, 1997.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator,

Northwest Region (Regional Administrator), National Marine Fisheries

Service, 7600 Sand Point Way NE., Seattle, WA 98115-0070; or William

Hogarth, Acting Administrator, Southwest Region, National Marine

Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA

90802-4213.

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

Rodney McInnis at 310-980-4040.

SUPPLEMENTARY INFORMATION: The following changes to routine management

measures were recommended by the Pacific Fishery Management Council

(Council), in consultation with the states of Washington, Oregon, and

California, at its April 8-11, 1997, meeting in San Francisco, CA.

Widow Rockfish

The limited entry fishery for widow rockfish currently is managed

under a 2-month cumulative trip limit of 70,000 lb (31,752 kg). The

best available information at the April 1997 Council meeting indicated

that 1,458 mt of widow rockfish had been taken through March 31, 1997,

and that the 6,500-mt harvest guideline would be reached by mid-October

1997 if the rate of landings is not slowed. The Council therefore

recommended that the 2-month cumulative trip limit for widow rockfish

be reduced May 1, 1997, from 70,000 lb (31,752 kg) to 60,000 lb (27,216

kg) coastwide to keep landings within the harvest guideline in 1997.

Bocaccio

Bocaccio, which are found predominantly off California south of

Cape Mendocino (40 deg.30' N. lat.), comprise one component of the

Sebastes complex of rockfish. The acceptable biological catch (ABC) and

harvest guideline for bocaccio were severely reduced in 1997 as a

result of a new stock assessment. The harvest guideline for bocaccio

was set at its overfishing threshold in 1997, as a 1-year step down to

fishing at the level of ABC. Bocaccio is particularly difficult to

manage because many gear types are involved. It is caught with

commercial trawl, longline, hook-and-line, set net, and pot gear, and

substantial amounts also are taken in the recreational fishery.

The best available information at the April 1997 Council meeting

indicated that 80 mt of bocaccio had been taken through March 31, 1997,

and that the 387-mt harvest guideline would be reached by the end of

the year. However, uncertainty in recreational catch levels, and

projections based on achievement of the 332-mt commercial harvest

guideline (the harvest gudeline minus the recreational catch) indicate

that the commercial harvest guideline would be reached by late October.

To assure that the harvest guideline and overfishing threshold for

bocaccio are not exceeded, the Council recommended two changes to trip

limits south of Cape Mendocino, effective May 1, 1997: A reduction from

12,000 lb (5,443 kg) to 10,000 lb (4,536 kg) in the 2-month cumulative

trip limit for the limited entry fishery; and, for the open access

fishery, a reduction from 300 lb (136 kg) to 250 lb (113 kg) per trip

for hook-and-line and trap gear, with no change to the monthly

cumulative limit of 2,000 lb (907 kg). No changes were recommended to

the trip limits for the open access set net fishery south of Cape

Mendocino, the open access fishery targeting on non-groundfish species,

or to the bag limit for the recreational fishery, but such changes

could be made in the future.

Dover Sole, Thornyheads, and Trawl-Caught Sablefish (the DTS

Complex)

The Council recommended that changes be made May 1, 1997, to the 2-

month cumulative trip limits for Dover sole north of Cape Mendocino and

thornyheads coastwide, which also result in a reduction to the trip

limit for the DTS complex north of Cape Mendocino.

Dover Sole

The limited entry fishery for Dover sole is managed with a

coastwide harvest guideline which includes a separate harvest guideline

for the Columbia area. Coastwide landings of Dover sole are projected

to reach the 11,050-mt harvest guideline on November 26, 1997, but this

is due predominantly to exceeding the 2,850-mt Columbia area harvest

guideline by 827-1,288 mt. If landing rates are not slowed, the harvest

guideline in the Columbia area is projected to be reached in early to

late September. The Council therefore recommended lowering the 2-month

cumulative trip limit from 38,000 lb (17,237 kg) to 30,000 lb (13,608

kg) for the limited entry fishery north of Cape Mendocino, with the

intent that both the Columbia and coastwide harvest guidelines would

not be exceeded.

Thornyheads (Shortspine and Longspine)

The limited entry fishery for the two species of thornyheads is

managed with a coastwide, 2-month cumulative trip limit for both

species combined, which includes a separate limit for shortspine

thornyheads. The harvest guideline for longspine thornyheads will not

be reached in order to protect shortspine thornyheads. Shortspine

thornyheads are managed so as not to exceed total catch of 1,500 mt in

1997 (1,380 mt for the landed catch harvest guideline and 120 mt for

trip-limit induced discards), and therefore is above the 1,000-mt ABC

but below the 1,757-mt overfishing threshold (total catch).

Approximately 400 mt of shortspine thornyheads had been landed through

March 31 and the harvest guideline is projected to be reached on

October 26, 1997, if landing rates are not slowed. The Council

therefore recommended a reduction in the 2-month cumulative trip limit

for thornyheads from 4,000 lb (1,814 kg) to 3,000 lb (1,361 kg).

Because both species often are caught together, a reduction also was

recommended to the overall limit for thornyheads, from 20,000 lb (9,072

kg) to 15,000 lb (6,804 kg), to maintain the same proportion between

longspine and shortspine thornyheads. Otherwise, additional discards of

shortspine thornyheads could occur, with no real reduction in the level

of catch.

DTS-North of Cape Mendocino

The limited entry, 2-month cumulative trip limit for the DTS

complex north of Cape Mendocino is the sum of the trip limits for Dover

sole, thornyheads, and trawl-caught sablefish.

[[Page 24847]]

The 2-month cumulative limit for the DTS complex therefore is reduced

by 13,000 lb (5,897 kg), from 70,000 lb (31,752 kg) to 57,000 lb

(25,855 kg), reflecting the reductions in the trip limits for Dover

sole north of Cape Mendocino and for thornyheads coastwide. However,

the 2-month cumulative trip limit of 100,000 lb (45,359 kg) south of

Cape Mendocino is not changed to reflect the reduction in the trip

limits for thornyheads. This has the effect of increasing the maximum

amount of Dover sole that may be taken south of Cape Mendocino, because

the limit for Dover sole in that area is the DTS limit minus the

landings of thornyheads and trawl-caught sablefish.

Fixed-Gear Sablefish Fishery North of 36 deg. N. lat.

Sablefish are managed to achieve the limited entry allocation for

nontrawl gear of 2,754 mt in 1997. Projected landings to the end of the

year are not available because the regular (or ``primary'') season

which accounts for the majority of landings has not yet occurred.

However, the Council has declared its intent to keep landings in the

daily trip limit fishery, that occurs outside the regular and any mop-

up seasons, to about the same level (385 mt) as in 1996. Testimony at

the April Council meeting indicated that landings by the limited entry

fixed gear fleet were accelerating, possibly by vessels expecting not

to qualify for the proposed sablefish endorsement that would be

required to participate in the regular and mop-up seasons for the

limited entry sablefish fishery in 1997 and beyond. Therefore the

Council recommended that landings under the current daily trip limit of

300 lb (136 kg) be further restricted with a cumulative limit of 5,100

lb (2,313 kg) of sablefish per month in the limited entry fishery north

of 36 deg. N. lat.

Fixed-Gear Sablefish Fishery South of 36 deg. N. lat.

The Council also considered a proposal from limited entry, fixed

gear sablefish fishers who operate in the Conception area south of

36 deg. N. lat. The Council recommended that if at the end of July,

cumulative landings of sablefish in the Conception area are 210 mt or

less, then, effective September 1, 1997, limited entry fixed gear

fishers operating in that area will have the option of continuing under

the current daily trip limit or making one landing a week above 350 lb

(159 kg) but less than 1,050 lb (476 kg). If sablefish landings reach,

or are projected to reach, 400 mt before the end of the year, the

option to make one landing a week above 350 lb (159 kg) will be

rescinded. Landings of sablefish by all gears (including open access

and limited entry trawl and nontrawl fisheries) will be included when

monitoring or projecting the 210-mt and 400-mt levels. If this proposal

is implemented, it will be announced in the Federal Register before

September 1, 1997.

Future Inseason Changes to Management Measures

The Council meetings in September and November 1997 occur just

after the beginning of 2-month cumulative periods, making it impossible

to implement changes at the beginning of those periods. To resolve this

problem, the Council will consider several courses of action at its

June meeting. Possible solutions include: Resuming 1-month cumulative

trip limits on September 1 (which means the 60 percent monthly limits

would become obsolete); or providing general guidance to NMFS to make

inseason adjustments after consultation through a conference call

rather than at a Council meeting. The Council also may consider

imposing, for some period of time, very restrictive trip limits or even

fishery closures as early as July 1, 1997, to ensure that harvest

guidelines or other allocations are not exceeded, or to make sure that

some commercially important species are available at the end of the

year. These issues will be discussed further, and may be acted on, at

the June 23-25, 1997, Council meeting in Seattle, WA. At its June 1997

meeting, the Council also will review the progress of the groundfish

fishery and may recommend rapid changes to the limits announced herein,

as early as July 1, 1997. Any changes approved by NMFS will be

announced in the Federal Register.

Cross-Over Provisions

After publication of the annual management measures for 1997, NMFS

received a comment that the cross-over provisions were confusing. NMFS

is taking this opportunity to clarify that in paragraph A.(12)(b) of

section IV., which discusses fishing in a more liberal area before

fishing in a more restrictive area. That paragraph states:

``If a vessel takes and retains a species (or species complex)

in an area where a higher trip limit (or no trip limit) applies, and

possesses or lands that species (or species complex) in an area

where a more restrictive trip limit applies, then that vessel is

subject to the more restrictive trip limit for that trip limit

period.''

This paragraph is revised to clarify that ``that species'' refers

to the same species but not necessarily the identical fish that were

caught in the more liberal area.

NMFS Action

For the reasons stated above, NMFS concurs with the Council's

recommendations and makes the following changes to the 1997 annual

management measures (62 FR 700, January 6, 1997). The trip limit

changes for the limited entry fishery may also affect the open access

fishery, including exempt trawl gear used to harvest pink shrimp and

prawns, California halibut, and sea cucumbers. As stated in paragraph

I. of the annual management measures: ``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 are modified as follows:

1. For crossovers, paragraph A.(12)(b) of section IV. is revised to

read as follows:

A. General Definitions and Provisions.

* * * * *

(12) * * *

(b) If a vessel takes and retains a species (or species complex) in

an area where a higher trip limit (or no trip limit) applies, and takes

and retains, possesses, or lands the same species (or species complex)

in an area where a more restrictive trip limit applies, then that

vessel is subject to the more restrictive trip limit for that trip

limit period.

* * * * *

2. For widow rockfish, paragraph B. of section IV. is amended as

follows:

B. Widow Rockfish * * *

(1) Limited entry fishery. The cumulative trip limit for widow

rockfish is 60,000 lb (27,216 kg) per vessel per 2-month period. The

60-percent monthly limit is 36,000 lb (16,329 kg).

(2) Open access fishery. Within the limits at paragraph IV.I. for

the open access fishery, the 50-percent monthly limit for widow

rockfish is 30,000 lb (13,608 kg).

3. For bocaccio, paragraph C. of section IV. is amended as follows:

C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary

Rockfish)

* * * * *

(2) * * *

(a) * * *

(ii) South of Cape Mendocino. The cumulative trip limit for the

Sebastes

[[Page 24848]]

complex taken and retained south of Cape Mendocino is 150,000 lb

(68,039 kg) per vessel per 2-month period. Within this cumulative trip

limit for the Sebastes complex, no more than 10,000 lb (4,534 kg) may

be bocaccio taken and retained south of Cape Mendocino, and no more

than 14,000 lb (6,350 kg) may be canary rockfish.

(iii) The 60-percent monthly limits are: For the Sebastes complex,

18,000 lb (8,165 kg) north of Cape Mendocino, and 90,000 lb (40,823 kg)

south of Cape Mendocino; for yellowtail rockfish, 3,600 lb (1,633 kg)

north of Cape Mendocino; for bocaccio south of Cape Mendocino, 6,000 lb

(2,722 kg); and for canary rockfish coastwide, 8,400 lb (3,810 kg).

* * * * *

(3) Open access fishery. If smaller than the limits at paragraph

IV.I., the following cumulative monthly trip limits apply (within the

limits at paragraph IV.I.): For the Sebastes complex, 15,000 lb (6,804

kg) north of Cape Mendocino, and 75,000 lb (34,019 kg) south of Cape

Mendocino; for yellowtail rockfish, 3,000 lb (1,361 kg) north of Cape

Mendocino; for bocaccio, 5,000 lb (2,268 kg) south of Cape Mendocino;

and, for canary rockfish, 7,000 lb (3,175 kg) coastwide.

4. For Dover sole, thornyheads, and the DTS complex, paragraph E.

of section IV. is amended as follows:

E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and

Trawl-Caught Sablefish

* * * * *

(2) * * *

(b) * * *

(i) North of Cape Mendocino. The cumulative trip limit for the DTS

complex taken and retained north of Cape Mendocino is 57,000 lb (25,855

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 30,000

lb (13,608 kg) may be Dover sole, 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.

(ii) South of Cape Mendocino. The cumulative trip limit for the DTS

complex taken and retained south of Cape Mendocino is 100,000 lb

(45,359 kg) per vessel per 2-month period. Within this cumulative trip

limit, no more than 12,000 lb (5,443 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.

(iii) The 60-percent monthly limits are: For the DTS complex,

34,200 lb (15,513 kg) north of Cape Mendocino, and 60,000 lb (27,216

kg) south of Cape Mendocino; for trawl-caught sablefish coastwide,

7,200 lb (3,266 kg); for Dover sole north of Cape Mendocino, 18,000 lb

(8,165 kg); for both species of thornyheads combined coastwide, 9,000

lb (4,082 kg); and for shortspine thornyheads coastwide, 1,800 lb (816

kg).

* * * * *

(c) * * *

(i) Daily trip limit. The daily trip limit for sablefish taken and

retained with nontrawl gear north of 36 deg. N. lat. is 300 lb (136

kg), not to exceed 5,100 lb (2,313 kg) per calendar month, and south of

36 deg. N. lat. is 350 lb (159 kg) with no additional limit on the

amount of sablefish that may be retained in a month. The daily trip

limit, which applies to sablefish of any size, is in effect until the

closed periods before or after the regular season (as specified at 50

CFR 660.323(a)(2)(i) (formerly 50 CFR 663.23(b)(2)), between the end of

the regular season and the beginning of the mop-up season, and after

the mop-up season.

* * * * *

(3) Open access fishery. Within the limits in paragraph IV.I.

below, a vessel in the open access fishery is subject to the 50-percent

monthly limits, which are as follows: For the DTS complex, 28,500 lb

(12,927 kg) north of Cape Mendocino, and 50,000 lb (22,680 kg) south of

Cape Mendocino; for Dover sole north of Cape Mendocino, 15,000 lb

(6,804 kg); south of Pt. Conception, for both species of thornyheads

combined, 7,500 lb (3,402 kg) of which no more than 1,500 lb (680 kg)

may be shortspine thornyheads. (The open access fishery for thornyheads

is closed north of Pt. Conception.) * * *

5. For bocaccio taken in the open access fishery, paragraph I. of

section IV. is amended as follows:

I. Trip Limits in the Open Access Fishery * * *

(1) * * *

(b) * * *

(i) Hook-and-line or pot gear: 10,000 lb (4,536 kg) of rockfish per

vessel per fishing trip, of which no more than 250 lb (113 kg) per

trip, not to exceed 2,000 lb (907 kg) cumulative per month, may be

bocaccio taken and retained south of Cape Mendocino.

* * * * *

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

Administrator, Northwest Region, NMFS (see ADDRESSES) during business

hours. Because of the need for immediate action to slow the rate of

harvest of the species discussed above, and because the public had an

opportunity to comment on the action at the April 1997 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), and are exempt from review under

E.O. 12866.

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

Dated: May 1, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

[FR Doc. 97-11790 Filed 5-1-97; 4:54 pm]

BILLING CODE 3510-22-F