Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Nontrawl Sablefish Mop-Up Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 092497C]

Fisheries Off West Coast States and in the Western Pacific;

Pacific Coast Groundfish Fishery; Nontrawl Sablefish Mop-Up Fishery

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Announcement of nontrawl sablefish mop-up fishery; fishing

restrictions; request for comments.

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SUMMARY: NMFS announces adjustments to the management measures for the

Pacific Coast groundfish fishery off Washington, Oregon, and

California. This action establishes beginning and ending dates and the

cumulative period landings limit for the mop-up fishery for nontrawl

limited entry sablefish, and sets daily and cumulative trip limits for

the nontrawl limited entry sablefish fishery after the mop-up fishery.

These actions are intended to provide for harvest of the remainder of

the 1997 limited entry nontrawl allocation for sablefish.

DATES: The nontrawl sablefish mop-up fishery will begin at 1201 hours

local time (l.t.), October 1, 1997, and will end at 1200 hours l.t.,

October 15, 1997, at which time the limited entry daily trip limit

fishery resumes. The daily trip limits for the nontrawl sablefish

fishery will remain in effect 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 until October 15, 1997.

ADDRESSES: Comments on these actions should be sent to William Stelle,

Jr., Administrator, Northwest Region, (Regional Administrator), NMFS,

7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070; or to William

Hogarth, Acting Administrator, Southwest Region, NMFS, 501 West Ocean

Blvd., Suite 4200, Long Beach, CA 90802-4213. Information relevant to

these actions has been compiled in aggregate form and is available for

public review during business hours at the office of the Regional

Administrator.

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

or Svein Fougner at 562-980-4034.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 660.323(a)(2) (62

FR 45350, August 27, 1997) established a new season structure for the

limited entry nontrawl sablefish fishery in 1997. The ``regular

season'' was an equal cumulative limit fishery during which each

limited entry permit holder with a sablefish endorsement had the

opportunity to fish under an equal cumulative limit. Other than the

large, equal cumulative limit, the only trip limit in this fishery was

for sablefish smaller than 22 inches (56 cm). The 1997 regular season

started at noon on August 25, 1997, and lasted for 9 days to noon on

September 3, 1997.

Preseason estimates of the likely total harvest in the regular

season fishery were conservative in order to minimize the risk of the

fishery exceeding its total allocation. Because of the conservative

projections, the regular fishery was not expected to harvest all of the

limited entry, fixed gear allocation for north of 36 deg. N. lat. in

excess of that required for the daily trip limit fishery. The Regional

Administrator is authorized to announce a mop-up fishery for any

excess, if it is large enough, about 3 weeks after the end of the

regular season and consisting of one cumulative trip limit for each

vessel.

Only individuals holding limited entry permits with sablefish

endorsements may participate in the mop-up fishery. No more than one

cumulative limit may be landed on each limited entry permit with a

sablefish endorsement. Approximately 3 weeks are needed for the Pacific

Fishery Management Council (Council) Groundfish Management Team to

compile all of the landings receipts from the regular season and to

calculate the amount available for the mop-up season, if any. This

notice establishes the 1997 mop-up fishery for limited entry, fixed

gear permit holders with sablefish endorsements.

Following the mop-up fishery, daily trip limits are reimposed until

the end of the year. At the September 8-12, 1997, Council meeting, the

Council recommended that the limited entry, fixed gear daily trip

limits for sablefish

[[Page 51382]]

taken north of 36 deg. N. lat. following the mop-up season would be 300

lb (136 kg) per day, with no more than 1,500 lb (680 kg) taken in any

one calendar month. Similar changes to the open access trip limits for

sablefish taken north of 36 deg. N. lat. will be announced in a

separate notice.

A daily trip limit is the maximum amount that may be taken and

retained, possessed, or landed per vessel in 24 consecutive hours,

starting at 0001 hours local time. Only one landing of groundfish may

be made in that 24-hour period. Daily trip limits may not be

accumulated. If a trip lasts more than 1 day, only one daily trip limit

is allowed. Daily trip limits were in effect until the beginning of the

regular season, and went back into effect after the post-season closure

ended on September 5, 1997. A cumulative trip limit is the maximum

amount of sablefish that may be taken and retained, possessed, or

landed per vessel in a specified period of time, with no limit on the

number of landings or trips.

The 1997 limited entry nontrawl sablefish allocation is 2,754 mt

(6,071,468 lb). At its June meeting, the Council recommended

restricting the total 1997 limited entry daily trip limit catch to 499

mt (1,100,000 lb), leaving 2,255 mt (4,971,373 lb) for the primary

limited entry, fixed gear sablefish fishery. The best available

information on September 22, 1997, indicated that approximately 1,643

mt (3,622,300 lb) of sablefish were landed during the regular season.

Therefore, 612 mt (1,349,215 lb) remains available to the mop-up

fishery. The Regional Administrator, after consulting with the Council

on September 11, 1997, has determined that the mop-up fishery will

occur, and that a cumulative trip limit of 8,500 lb (3,851 kg) (round

weight) in a 2-week period (October 1-15, 1997) would provide for the

expected fishery participants, leaving enough sablefish for small daily

trip limits outside the mop-up fishery, through the end of the year.

The trip limit for sablefish smaller than 22 inches (56 cm) total

length, or 15.5 inches (39 cm) for sablefish that are headed, that was

in effect during the regular season continues during the mop-up season.

The mop-up cumulative trip limit applies to each vessel and permit

where the permit is a valid limited entry permit endorsed for pot or

longline gear, and with a sablefish endorsement. No more than one

cumulative limit may be landed on each permit, and no vessel may land

more than one cumulative limit. Once a vessel has landed its 8,500 lb

(3,851 kg) cumulative limit, it may not land more sablefish until the

daily trip limits resume at 1201 hours on October 15, 1997. There is no

limited entry, daily trip limit fishery during the mop-up fishery

period. Therefore, holders of limited entry permits without sablefish

endorsements may not land any sablefish during the mop-up period.

Similarly, once a permit has been used to land its 8,500 lb (3,851 kg)

cumulative trip limit, it may not be used to land more sablefish until

the daily trip limits resume. Also, acquiring additional limited entry

permits does not entitle a vessel to more than one cumulative limit.

The sablefish daily trip limit for the limited entry fishery after

the mop-up season is 300 lb (136 kg) per day, with no more than 1,500

lb (680 kg) to be taken in any one calendar month. Since the daily trip

limits apply to a 24-hour day starting at 0001 hours, but the mop-up

fishery begins and ends at 1200 hours, it will be legal for a vessel in

the limited entry fishery to land a daily trip limit between 0001 hours

and 1200 hours on October 1, 1997, just before the start of the mop-up

season, and between 1201 hours and 2400 hours on October 15, 1997,

following the mop-up season.

NMFS Actions

NMFS announces the dates of the nontrawl sablefish limited entry

mop-up fishery and the amounts of sablefish that may be taken with

limited entry nontrawl gear during and after the limited entry mop-up

fishery in 1997. All other provisions remain in effect. In the 1997

annual management measures, paragraph IV.E.(2)(c) at 62 FR 700, January

6, 1997, is revised to read as follows:

IV. * * *

E. * * *

(2) Limited Entry Fishery. * * *

(c) Nontrawl trip and size limits. (i) Daily trip limits. Effective

1201 hours October 15, 1997. The daily trip limit for sablefish taken

and retained with nontrawl gear north of 36 deg.00' N. lat. is 300 lb

(136 kg), not to exceed 1,500 lb (680 kg) cumulative in a calendar

month.

(A) The daily trip limit for sablefish taken and retained with

nontrawl gear south of 36 deg.00' N. lat. is (1) 350 lb (159 kg) with

no cumulative limit on the amount of sablefish that may be retained in

a month; or, (2) one landing of sablefish per week above 350 lb (159

kg) but not to exceed 1,050 lb (476 kg). A week is 7 consecutive days,

from 0001 hours (l.t.) Sunday through 2400 hours (l.t.) Saturday.

(ii) Trip limits for small sablefish. During the regular and mop-up

seasons, sablefish smaller than 22 inches (56 cm) (total length) may

comprise no more than 1,500 lb (680 kg), or 3 percent of all legal

sablefish on board 22 inches (56 cm) or larger, whichever is greater.

(See paragraph IV.A.(6) of the annual management measures at 62 FR 700,

January 6, 1997, regarding length measurement.)

(iii) Mop-Up Fishery. Effective 1201 hours October 1, 1997, until

1200 hours (local time) October 15, 1997, the cumulative trip limit for

sablefish caught with nontrawl gear in the limited entry fishery is

8,500 lb (3,851 kg) per vessel.

(Note: The States of Washington, Oregon, and California use a

conversion factor of 1.6 to convert dressed sablefish to its round-

weight equivalent. Therefore, 8,500 lb (3,851 kg) round weight

corresponds to 5,313 lb (2,407 kg) for dressed sablefish.)

Classification

These actions are authorized by the Pacific Coast Groundfish

Fishery Management Plan, which governs the harvest of groundfish in the

U.S. exclusive economic zone off the coasts of Washington, Oregon, and

California. 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 Regional Administrator (see ADDRESSES) during business

hours. Because of the need for immediate action to start the mop-up

fishery for sablefish, and because the public had an opportunity to

comment on these actions at the September 1997 Council meeting in

Portland, OR, NMFS has determined that providing an opportunity for

public notice and comment would be impracticable, unnecessary, and

contrary to public interest. Participants in the regular season

sablefish fishery are anxious to begin fishing. Delay of this rule

could push the mop-up season into bad winter weather. Therefore, the

agency finds 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(a)(2), and are exempt from review under

E.O. 12866.

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

Dated: September 25, 1997

Gary C. Matlock,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

[FR Doc. 97-26058 Filed 9-30-97; 8:45 am]

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