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. 111297A]

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.

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SUMMARY: NMFS announces further routine management measures adjusting

the Pacific Coast groundfish limited entry fisheries for the Sebastes

complex and its components, canary and yellowtail rockfish, and the

Dover sole, thornyhead, trawl-caught sablefish (DTS) complex and all

its components. 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 changes are intended to keep landings close to the

1997 harvest guidelines and allocations for these species.

DATES: Effective from 0001 hours (local time) November 16, 1997,

including trawl vessels operating in the B platoon. 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remain in effect, unless modified, superseded or rescinded, until the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

[[Page 61701]]

published in the Federal Register. Comments will be accepted through

December 4, 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 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 November 4-7, 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. On January 1, 1997 (62

FR 700, January 6, 1997), the limited entry fishery for the Sebastes

complex was 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) could

be yellowtail rockfish north of Cape Mendocino, no more than 12,000 lb

(5,443 kg) could be bocaccio south of Cape Mendocino, and no more than

14,000 lb (6,350 kg) could be canary rockfish coastwide. On May 1, 1997

(62 FR 24845, May 7, 1997), the 2-month cumulative trip limit for

bocaccio was reduced to 10,000 lb (4,536 kg), so that its harvest

guideline would not be exceeded. However, landings were lower than

expected, and on October 1, 1997 (62 FR 51814, October 3, 1997), the 2-

month cumulative trip limits were converted to 1-month limits and

increased to 5,000 lb (2,268 kg) per month for yellowtail rockfish and

10,000 lb (4,534 kg) per month for canary rockfish. This increased the

Sebastes complex limits to 20,000 lb (9,072 kg) per month north of Cape

Mendocino and 75,000 lb (34,020 kg) per month south of Cape Mendocino.

The best available information at the November 1997 Council meeting

indicated that landings still were lower than expected, most likely due

to poor weather and reduced fishing effort in October. If rates do not

change, landings of yellowtail rockfish would be 22 percent below its

harvest guideline, and canary rockfish would be 14 percent below its

harvest guideline at the end of the year. Therefore, the Council

recommended increasing the 1-month cumulative trip limits for

yellowtail and canary rockfish at the earliest date so that the

industry would have an opportunity to achieve the harvest guidelines

for these species. The trip limit for bocaccio is not changed.

The new 1-month cumulative trip limits for the Sebastes complex

are: 40,000 lb (18,144 kg) north of Cape Mendocino and 80,000 lb

(36,287 kg) south of Cape Mendocino. Within these 1-month cumulative

limits, no more than 20,000 lb (9,072 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 15,000 lb (6,804 kg)

may be canary rockfish coastwide.

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

Complex). In January 1997 (62 FR 700, January 6, 1997), the 2-month

cumulative trip limit for the DTS complex was 70,000 lb (31,752 kg)

north of Cape Mendocino and 100,000 lb (45,359 kg) south of Cape

Mendocino. Within this 2-month cumulative limit, no more than 38,000 lb

(17,236 kg) could be Dover sole north of Cape Mendocino, and coastwide

no more than 12,000 lb (5,443 kg) could be trawl-caught sablefish and

no more than 20,000 lb (9,072 kg) could be thornyheads. No more than

4,000 lb (1,814 kg) of the thornyheads could be shortspine thornyheads.

On May 1, 1997 (62 FR 24845, May 7, 1997), the 2-month cumulative

trip limits were reduced for Dover sole north of Cape Mendocino to

30,000 lb (13,608 kg)), and for thornyheads coastwide to 15,000 lb

(6,804 kg), of which only 3,000 lb (1,361 kg) could be shortspine

thornyheads. The 2-month cumulative limit for the DTS complex north of

Cape Mendocino increased by the same amount to 57,000 lb (25,855 kg),

while remaining at 100,000 lb (45,359 kg) south of Cape Mendocino. The

coastwide 2-month cumulative trip limit for sablefish remained at

12,000 lb (5,443 kg).

On September 1 (62 FR 36228, July 7, 1997) the 2-month cumulative

trip limits for the DTS complex and its components were converted to 1-

month cumulative limits: 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 sablefish coastwide, 6,000 lb (2,722 kg); for Dover sole

north of Cape Mendocino, 15,000 lb (6,804 kg); and for thornyheads

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

could be shortspine thornyheads.

The 1-month cumulative trip limit for sablefish was reduced on

October 1, 1997 (62 FR 51814, October 3, 1997), and a 1-month

cumulative trip limit was set for Dover sole south of Cape Mendocino;

previously Dover sole could comprise the amount of DTS limit that was

left over after taking sablefish and thornyheads. As a result, the

limited entry fishery for the DTS complex and its components is

currently managed under a 1-month cumulative trip limit of 11,000 lb

(4,990 kg) north of Cape Mendocino. Within these 1-month cumulative

limits, no more than 1,500 lb (680 kg) may be Dover sole north of Cape

Mendocino, no more than 2,000 lb (907 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 same limits for sablefish and thornyheads apply south

of Cape Mendocino, but the limit for Dover sole is 30,000 lb (13,608

kg), which changes the DTS limit in that area to 39,500 lb (17,917 kg).

As of October 1, 1997, the cumulative limit for the DTS complex is the

sum of the cumulative limits of its components.

Reduced effort in October, likely due to bad weather and extremely

low cumulative trip limits, resulted in much lower landings than

expected. The best available information at the November 1997 Council

meeting indicated that the harvest guidelines for all three species

would not be reached in 1998 if current landing rates continued. Dover

sole is expected to be 12 percent below its coastwide harvest

guideline, and trawl-caught sablefish is projected to be 7 percent

below its trawl allocation. Landings of longspine and shortspine

thornyheads are projected to be 35 and 19 percent below their harvest

guidelines, respectively, by the end of the year. Consequently, the

Council recommended increasing the 1-month cumulative trip limits for

these species to the end of the year to keep landings of the DTS

complex and its components within the 1997 harvest guidelines and

allocations without increasing discards. Current trip limits are so low

that it is felt that these increases will enable fishermen to land fish

that otherwise may have been caught and discarded.

The new monthly limits for the DTS complex are 16,000 lb (7,257 kg)

north of Cape Mendocino, and 43,000 lb (19,504 kg) south of Cape

Mendocino.

[[Page 61702]]

Within these limits, no more than 3,000 lb (1,361 kg) may be Dover sole

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

Mendocino (no change to southern Dover sole); no more than 3,000 lb

(1,361 kg) coastwide may be trawl-caught sablefish; and no more than

10,000 lb (4,536 kg) coastwide may be thornyheads. No more than 3,000

lb (1,361 kg) of the thornyheads may be shortspine thornyheads.

Implementation. These changes are implemented in the middle of a 1-

month cumulative trip limit period for the ``A'' platoon (whose

cumulative trip limits begin at the beginning of a month). The new

limits are the total amount that may be landed in November. Therefore,

the ``A'' platoon will have the opportunity to harvest the new limits

in both November and December. Two-month cumulative trip limits and the

60 percent monthly limits remain in effect only for POP, widow

rockfish, and lingcod.

For vessels in the ``B'' platoon (whose cumulative trip limits

begin on November 16, 1997) the final 2-month cumulative trip limits

for POP, widow rockfish, and lingcod apply to the 6-week period from

November 16, 1997, through December 31, 1997, and there is no 60

percent monthly limit for this period. In addition, 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. (In the previous Federal Register notice (62 FR 51814, October 3,

1997), reference to lingcod describing the final cumulative period for

the ``B'' platoon was inadvertently deleted.)

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 at 62 FR

51815, October 3, 1997).

1. For yellowtail rockfish, canary rockfish, and the Sebastes

complex, paragraphs C.(2)(a)(i) and (ii) of section IV. (regarding

cumulative trip limits in the limited entry fishery) are amended, to

read as follows:

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

Rockfish)

* * * * *

(2) * * *

(a) * * *

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

Sebastes complex taken and retained north of Cape Mendocino is 40,000

lb (18,144 kg) per vessel per 1-month period. Within this cumulative

trip limit for the Sebastes complex, no more than 20,000 lb (9,072 kg)

may be yellowtail rockfish taken and retained north of Cape Mendocino,

and no more than 15,000 lb (6,804 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 80,000

lb (36,287 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 15,000 lb (6,804 kg) may be canary rockfish.

* * * * *

2. For the DTS complex, paragraph E.(2)(b) of section IV.

(regarding limited entry trip and size limits) is revised, to read 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 16,000 lb (7,257

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

no more than 3,000 lb (1,361 kg) may be sablefish, no more than 3,000

lb (1,361 kg) may be Dover sole, and no more than 10,000 lb (4,536 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 43,000 lb (19,504

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

no more than 3,000 lb (1,361 kg) may be sablefish, no more than 30,000

lb (13,608 kg) may be Dover sole, and no more than 10,000 lb (4,536 kg)

may be thornyheads. No more than 3,000 lb (1,361 kg) of the thornyheads

may be shortspine thornyheads.

* * * * *

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 this action relieves a burden and must be implemented

swiftly to relieve the burden, and because the public had an

opportunity to comment on the action at the November 1997 Council

meeting, NMFS has determined that good cause exists for this document

to be published without affording additional 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: November 14, 1997.

Richard W. Surdi,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service

[FR Doc. 97-30386 Filed 11-14-97; 4:37 pm]

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