Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Trip Limit Changes

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 961227373-6373-01; I.D. 092597A]

Fisheries Off West Coast States and in the Western Pacific;

Pacific Coast Groundfish Fishery; Trip Limit Changes

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Fishing restrictions; request for comments.

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

SUMMARY: NMFS announces further adjustments to the Pacific Coast

groundfish limited entry fisheries for the Sebastes complex and its

components canary and yellowtail rockfish, the Dover sole-thornyhead-

trawl sablefish (DTS) complex and its components Dover sole and trawl-

caught sablefish, and announces the final 1997 cumulative trip limit

period for trawl vessels in the ``B'' platoon. NMFS also announces an

increase to the monthly cumulative limit for the open access nontrawl

sablefish fishery north of 36 deg. N. lat. (A similar change for the

limited entry nontrawl sablefish fishery north of 36 deg. N. lat. is

included in a separate Federal Register action that announces the

duration and limit of the limited entry sablefish mop-up fishery.)

These restrictions are intended to keep landings as close as possible

to the 1997 harvest guidelines and allocations for these species, and

to provide management flexibility during the final months of the year.

DATES: Effective at 0001 hours local time (l.t.) October 1, 1997;

except for the trip limit for trawl vessels operating in the B platoon,

which will become effective at 0001 hours l.t. October 16, 1997. These

changes remain in effect, unless modified, superseded or rescinded,

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 October 20, 1997.

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

Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way

NE., Seattle, WA 98115-0070; or William Hogarth, Acting Administrator,

Southwest Region, NMFS, 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 562-980-4040.

SUPPLEMENTARY INFORMATION: The following changes to current management

measures are based on the best available information, and were

recommended by the Pacific Fishery Management Council (Council), in

consultation with the states of Washington, Oregon, and California, at

its September 9-12, 1997, meeting in Portland, OR.

The Sebastes Complex. The Sebastes complex consists of all

rockfish managed by the FMP except Pacific ocean perch (POP), widow

rockfish, shortbelly rockfish, and thornyheads. The limited entry

fishery for the Sebastes complex currently is managed under a 2-month

cumulative trip limit of 30,000 lb (13,608 kg) north of Cape Mendocino

(40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of Cape

Mendocino. Within these 2-month cumulative limits for the Sebastes

complex, no more than 6,000 lb (2,722 kg) may be yellowtail rockfish

north of Cape Mendocino, no more than 10,000 lb (4,534 kg) may be

bocaccio south of Cape Mendocino, and no more than 14,000 lb (6,350 kg)

may be canary rockfish coastwide.

The best available information at the September 1997 Council

meeting indicated that both yellowtail rockfish and canary rockfish

would be 18-19 percent below their respective harvest guidelines at the

end of the year. Therefore, the Council recommended increasing the trip

limits for these species, and converting those limits from 2-month to

1-month limits on October 1, 1997, so that the industry could receive

immediate benefit from the higher limits. The new 1-month cumulative

trip limits for the Sebastes complex are: 20,000 lb (9,072 kg) north of

Cape Mendocino and 75,000 lb (33,975 kg) south of Cape Mendocino.

Within these 1-month cumulative limits for the Sebastes complex, no

more than 5,000 lb (2,268 kg) may be yellowtail rockfish north of Cape

Mendocino, no more than 5,000 lb (2,268 kg) may be bocaccio south of

Cape Mendocino, and no more than 10,000 lb (4,534 kg) may be canary

rockfish coastwide.

As these changes are implemented in the middle of a 2-month

cumulative trip limit period (September-October 1997), both the 2-month

cumulative trip limits and the 60 percent monthly limits for the

Sebastes complex and its components become obsolete after October 1.

POP and widow rockfish are the only two species that remain under 2-

month cumulative limits. (The DTS complex was converted to monthly

limits on September 1, 1997 (62 FR 36228, July 7, 1997).)

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

Complex). The limited entry fishery for the DTS complex and its

components currently is managed under a 1-month cumulative trip limit

of 28,500 lb (12,927 kg) north of Cape Mendocino and 50,000 lb (22,680

kg) south of Cape Mendocino. Within these 1-month cumulative limits, no

more than 15,000 lb (6,804 kg) may be Dover sole north of Cape

Mendocino, no more than 6,000 lb (2,722 kg) may be sablefish coastwide,

and no more than 7,500 lb (3,402 kg) may be thornyheads coastwide. No

more than 1,500 lb (680 kg) of the thornyheads may be shortspine

thornyheads.

The best available information at the September 1997 Council

meeting indicated that the harvest guidelines for Dover sole would be

reached before the end of the year, and exceeded by 19 percent in the

Columbia area and 7 percent coastwide if the rate of landings is not

slowed. Landings of trawl-caught sablefish also were projected to

exceed the limited entry trawl allocation by 9 percent by the end of

the year.

Landings of both species of thornyheads are projected to be lower

than their respective harvest guidelines. The two thornyhead species

are often caught together. Landings of longspine thornyheads are

projected to be 28 percent below its harvest guideline by the end of

the year; but, trip limits for this species could not be increased

without increasing the catch of shortspine thornyheads, which are

expected to be 7 percent below its 1,380-mt harvest guideline but well

above the 1,000-mt acceptable biological catch for this species.

Because

[[Page 51815]]

the harvest guideline for shortspine thornyheads is close to its

overfishing level, the Council did not recommend increasing the trip

limits for either species of thornyheads.

Earlier in the year, the Council and NMFS notified the industry

that the DTS fishery could be closed for several months in 1997. Some

members of the industry prefer higher initial trip limits with

closures, and others prefer reduced limits and a longer fishery.

Closing the DTS fishery in November and December was considered by the

Council at its September meeting. After hearing considerable testimony

opposing such closures, the Council recommended drastically reduced

trip limits to be effective on October 1, but acknowledged the fishery

still could close in December, after the Council considers new landings

projections at its November 1997 meeting. The new trip limits, which

take effect October 1, are intended to curtail most target fishing on

sablefish coastwide and on Dover sole in the Columbia area. However,

they also may result in discards if the industry targets on these

species or is unable to avoid them while fishing for Dover sole south

of Cape Mendocino or for thornyheads coastwide. The Council also

recommended that a 30,000-lb (13,608-kg) monthly cumulative limit be

established for Dover sole south of Cape Mendocino. Previously, Dover

sole could comprise as much as 36,500 lb (16,556 kg) of the DTS limit

south of Cape Mendocino, the amount left over after subtracting the

amounts of sablefish and thornyheads that were taken. The overall

limits for the DTS complex, which are the sum of the limits of its

components, are changed to reflect the changes to Dover sole and

sablefish. These changes are intended to keep landings of the DTS

complex and its components within the 1997 harvest guidelines and

allocations without increasing discards.

The new limits for the DTS complex are 11,000 lb (4,990 kg) north

of Cape Mendocino, and 39,500 lb (17,917 kg) south of Cape Mendocino.

Within these limits, no more than 1,500 lb (680 kg) may be Dover sole

north of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape

Mendocino; no more than 2,000 lb (907 kg) coastwide may be trawl-caught

sablefish; and no more than 7,500 lb (3,402 kg) coastwide may be

thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may be

shortspine thornyheads.

``B'' Platoon. NMFS also announces the last cumulative trip limit

period in 1997 for the ``B'' platoon, those limited entry trawl vessels

with a letter authorizing them to take their cumulative trip limits 2

weeks out of phase with the rest of the fleet. For vessels in the ``B''

platoon: the final 2-month cumulative trip limits for POP and widow

rockfish apply to the 6-week period from November 16, 1997 through

December 31, 1997 and there is no 60% monthly limit for this period;

and the equivalent of two 1-month cumulative trip limits for the

Sebastes complex and its components, and for the DTS complex and its

components, may be landed during the 6-week period from November 16,

1997 through December 31, 1997.

Open Access Sablefish. Both the open access and limited entry

sablefish fisheries north of 36 deg.00' N. lat. are currently subject

to a 300-lb (136 kg) daily trip limit, not to exceed 600 lb (272 kg)

cumulative per month. At its September 1997 meeting, the Council was

advised that landings in the open access sablefish fishery north of

36 deg.00' N. lat. were lower than expected and could be increased.

However, finding a method for doing so without attracting effort from

the limited entry daily trip limit fishery was problematic. To avoid

effort shifts, the Council recommended increasing the monthly

cumulative limit for the open access fishery to 1,500 lb (680 kg) on

October 1, during the limited entry mop-up fishery. For the same

reason, the Council also recommended increasing the cumulative monthly

limit on the daily trip limit portion of the limited entry fishery to

1,500 lb (680 kg) after the end of the mop-up season on October 15,

1997. (This change for the limited entry fishery is being announced in

a separate Federal Register action, at the same time that the dates and

trip limit for the limited entry mop-up fishery are announced.) These

changes are intended to keep sablefish landings from the open access

and limited entry daily trip limit fisheries within the levels intended

to be taken by these two fisheries for the entire year.

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 as modified).

1. Paragraph A.(1)(c)(iii)(C) of section IV. is revised to read as

follows:

A. General Definitions and Provisions

* * * * *

(1) * * *

(c) * * *

(iii) * * *

(C) Special provisions will be made for ``B'' platoon vessels later

in the year so that the amount of fish made available in 1997 to both

``A'' and ``B'' vessels is the same. (For example, a vessel in the

``B'' platoon will have the same cumulative trip limit for the final

period as a vessel in the ``A'' platoon, but the final period may be 2

weeks shorter so that both fishing periods end on the same date.) For

trawl vessels in the ``B'' platoon, the 6-week period from November 16-

December 31, 1997 replaces the last 2 months of the year. Therefore,

one 2-month cumulative trip limit (POP, widow rockfish), and two 1-

month cumulative trip limits (the Sebastes complex and its components,

the DTS complex and its components) will apply to that 6-week period.

Both 1-month cumulative trip limits for a species (or species complex)

may be combined and landed at any time during the 6-week period.

* * * * *

2. Effective October 1, 1997 (October 16, 1997 for the ``B''

platoon), for yellowtail rockfish, canary rockfish, and the Sebastes

complex, paragraphs C.(2)(a) and C.(3) of section IV. are revised, to

read as follows:

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

Rockfish)

* * * * *

(2) Limited entry fishery. (a) Cumulative trip limits. (i) North

of Cape Mendocino. The cumulative trip limit for the Sebastes complex

taken and retained north of Cape Mendocino is 20,000 lb (9,072 kg) per

vessel per 1-month period. Within this cumulative trip limit for the

Sebastes complex, no more than 5,000 lb (2,268 kg) may be yellowtail

rockfish taken and retained north of Cape Mendocino, and no more than

10,000 lb (4,534 kg) may be canary rockfish.

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

Sebastes complex taken and retained south of Cape Mendocino is 75,000

lb (33,975 kg) per vessel per 1-month period. Within this cumulative

trip limit for the Sebastes complex, no more than 5,000 lb (2,268 kg)

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

than 10,000 lb (4,534 kg) may be canary rockfish.

(iii) Clarification. The cumulative monthly trip limits for the

Sebastes complex and its components are the maximum amount that may be

taken and retained, possessed, or landed coastwide in a calendar month.

A vessel is not entitled to double the cumulative trip limit if it

operates both north and south of Cape Mendocino in a calendar

[[Page 51816]]

month. [xx same as added for DTS sept1]

* * * * *

(3) Open access fishery. See paragraph IV.I.

* * * * *

3. Effective October 1, 1997 (October 16, 1997 for the ``B''

platoon), for the DTS complex, paragraph E.(2)(b) (i) and (ii) and E.

(3) of section IV. are revised, to read as follows:

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

Trawl-Caught Sablefish)

* * * * *

(2) Limited entry fishery. * * *

(b) Limited entry trip and size limits for the DTS complex.

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

complex taken and retained north of Cape Mendocino is 11,000 lb (4,990

kg) per vessel per 1-month period. Within this cumulative trip limit,

no more than 2,000 lb (907 kg) may be sablefish, no more than 1,500 lb

(680 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may be

thornyheads. No more than 1,500 lb (680 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 39,500 lb (17,917

kg) per vessel per 1-month period. Within this cumulative trip limit,

no more than 2,000 lb (907 kg) may be sablefish, no more than 30,000 lb

(13,608 kg) may be Dover sole, and no more than 7,500 lb (3,402 kg) may

be thornyheads. No more than 1,500 lb (680 kg) of the thornyheads may

be shortspine thornyheads.

* * * * *

(3) Open access fishery. See paragraph IV.I.

* * * * *

4. Effective October 1, 1997 for sablefish in the open access

fishery, paragraph I.(2)(a) of section IV. is revised, to read as

follows:

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

* * * * *

(2) Sablefish. (a) North of 36 deg.00' N. lat. The cumulative trip

limit for sablefish taken and retained north of 36 deg.00' N. lat. is

1,500 lb (680 kg) per month. The daily trip limit for sablefish taken

and retained north of 36 deg.00' N. lat., which counts toward the

cumulative limit, is 300 lb (136 kg). The 1,500-lb (680-kg) cumulative

monthly limit does not apply to exempted trawl gear (used to fish for

shrimp, prawn, sea cucumber, and California halibut) in the open access

fishery.

* * * * *

Classification

These actions are authorized by the regulations implementing the

Pacific Coast Groundfish Fishery Management Plan, which governs the

groundfish fishery off 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 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 September 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: September 30, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 97-26331 Filed 9-30-97; 4:50 pm]

BILLING CODE 3510-22-F