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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 981231333-8333; I.D. 062999D]

Fisheries off West Coast States and in the Western Pacific;

Pacific Coast Groundfish Fishery; Trip Limit Adjustments

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 changes to trip limits in the Pacific Coast

groundfish limited entry, fixed gear daily trip limit fishery for

sablefish, and in the open access fisheries for sablefish and widow

rockfish. These actions, which are authorized by the Pacific Coast

groundfish fishery management plan (FMP), are intended to help the

fisheries achieve optimum yield (OY).

DATES: Effective 0001 hours local time (l.t.) July 2, 1999, unless

modified, superseded or rescinded, until the effective date of the 2000

annual specifications and management measures for the Pacific Coast

groundfish fishery, which will be published in the Federal Register.

Comments on this rule will be accepted through July 23, 1999.

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

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

NE., BIN C15700, Bldg. 1, Seattle, WA 98115-0070; or Rodney McInnis,

Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Katherine King or Yvonne deReynier,

Northwest Region, NMFS, 206-526-6140.

SUPPLEMENTARY INFORMATION: The following changes to current management

measures were recommended by the Pacific Fishery Management Council

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

California, at its June 22 through 25, 1999, meeting in Portland, OR.

All of the changes are increases to current cumulative trip limits. The

adjusted trip limits are calculated to provide a year-long fishing

opportunity. Pacific coast groundfish landings will be monitored

throughout the year, and further adjustments to the cumulative trip

limits will be made as necessary.

Limited Entry, Fixed Gear Daily Trip Limit Fishery for Sablefish

Currently the limited entry, fixed gear (or ``nontrawl'') daily

trip limit fishery for sablefish north of 36 deg. N. lat. is managed

with a 2-month cumulative trip limit of 2,400 lb (1,089 kg), which was

set in place at the beginning of 1999 (64 FR 1316, January 8, 1999 as

amended at 64 FR 16862, April 7, 1999). No more than 300 lb (136 kg) of

sablefish may be landed per day.

The best available information at the June Council meeting

indicated that 68 mt, (18 percent of the 379-mt set aside for the daily

trip limit portion of the fishery and 15 percent of the 2,516 mt

limited entry nontrawl sablefish allocation), had been landed through

May 31, 1999. Fishers present at meetings of the Groundfish Management

Team and Groundfish Advisory Panel indicated that this low rate of

landings may be due to several factors, including poor winter weather,

unusual La Nina ocean conditions, and fishers shifting effort to target

higher-priced non-groundfish species. If the fishery were to continue

under current landings limits, the fleet would not harvest the 379-mt

of sablefish set aside for this fishery in 1999 and therefore, the

fishery would not achieve OY. For this reason, the Council recommended

that the current 2-month cumulative trip limit be increased to 4,200 lb

(1,905 kg) for the period of July 1 through August 31, 1999. The

Council further recommended converting the 2-month cumulative trip

limits to monthly cumulative trip limits of 2,100 lb (953 kg),

beginning September 1, 1999. Managing this fishery under monthly

cumulative limit periods during the later portion of the year will give

the Council greater flexibility, should it need to make inseason

adjustments following its September and November meetings. [Note: The

2-month cumulative trip limit periods for sablefish caught in the

limited entry, fixed gear fishery are not the same as for the limited

entry trip limits for other species.]

Open Access Fisheries for Sablefish and Widow Rockfish

The open access fishery for sablefish north of 36 deg. N. lat. is

managed similarly to the limited entry, fixed gear daily trip limit

fishery. A 300-lb (136 kg) daily limit, which counts toward a 2-month

cumulative trip limit of 1,800 lb (816 kg), was established at the

beginning of 1999 (64 FR 1316, January 8, 1999 as amended at 64 FR

16862, April 7, 1999).

The best available information at the June Council meeting

indicated that 42 mt, or 10 percent of the 423-mt open access 1999

sablefish allocation, had been landed through May 31, 1999. The

possible reasons for the low rates of landings in this fishery are

similar to those for sablefish in the limited entry daily trip limit

fishery. If the fishery were to continue under current landings limits,

the open access fleet would not harvest its 423-mt sablefish allocation

and, therefore, the fishery would not achieve OY. For this reason, the

Council recommended that the current 2-month cumulative trip limit be

increased to 3,000 lb (1,361 kg) for the period of July 1 through

August 31, 1999. The Council further recommended converting the 2-month

cumulative trip limits to monthly cumulative trip limits of 1,500 lb

(680 kg), beginning September 1, 1999. Managing this fishery under

monthly cumulative limit periods during the later portion of the year

will give the Council greater flexibility, should it need to make

inseason adjustments following its September or November meetings.

Widow Rockfish

Currently, the open access fishery for widow rockfish is managed

with a 1-month cumulative trip limit of 2,000 lb (907 kg). The best

available information at the June Council meeting indicated that the

open access fishery had landed 15 mt, or 8 percent of its 184 mt widow

rockfish allocation through May 31, 1999. If the fishery were to

continue under the current widow rockfish cumulative monthly limit, it

would not harvest its 1999 widow rockfish allocation by the end of the

year and, therefore, the fishery would not achieve OY. The Council

expected that raising the widow rockfish cumulative trip limit during

summer months, when open access fishery participation is strongest,

would increase the likelihood that the fishery would harvest its widow

rockfish allocation before the end of the year. For this reason, the

Council recommended increasing the open access widow rockfish monthly

cumulative limit to 8,000 lb (3,629 kg), beginning July 1, 1999.

NMFS Action

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

recommendations and announces the following changes to the 1999 annual

management measures (64 FR 1316, January 8, 1999) and as amended at 64

FR 16862, April 7, 1999). The annual

[[Page 36818]]

management measures are modified as follows:

1. In section IV, under B. Limited Entry Fishery, paragraph

B.(6)(d)(ii)(A) is revised to read as follows:

B. Limited Entry Fishery

* * * * *

(6) * * *

(d) * * *

(ii) * * *

(A) North of 36 deg. N. lat. The daily trip limit, which applies to

sablefish of any size, is in effect north of 36 deg. N. lat. until the

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

CFR 660.323(a)(2), between the end of the regular season and the

beginning of the mop-up season, and after the mop-up season. The daily

trip limit for sablefish taken and retained with nontrawl gear north of

36 deg.00' N. lat. is 300 lb (136 kg), which counts toward a cumulative

trip limit of 4,200 lb (1,905 kg) per 2-month period (July 1 through

August 31, 1999) except during the regular season. The 2-month periods

in 1999 are: January 1-February 28, March 1-April 30, May 1-June 30,

and July 1-August 31. Beginning September 1, the cumulative trip limit

is converted from 2-month periods to 1-month periods, and the daily

trip limit for sablefish taken and retained with nontrawl gear north of

36 deg.00' N. lat. of 300 lb (136 kg) counts toward cumulative trip

limit of 2,100 lb (953 kg) per calendar month except during the mop-up

season.

* * * * *

2. In section IV, under C. Trip limits in the Open Access Fishery,

paragraphs C.(1)(b), C.(2)(a), C.(2)(a)(i), and C.(2)(b) are revised to

read as follows:

C. Trip Limits in the Open Access Fishery

* * * * *

(1) * * *

(b) Widow rockfish. The cumulative monthly limit for widow rockfish

coastwide is 8,000 lb (3,629 kg) per vessel.

* * * * *

(2) * * *

(a) Hook-and-line, pot, setnet and trammel net. The following trip

limits apply to all open access gear, except for exempted trawl gear.

(i) North of 36 deg.00' N. lat. North of 36 deg.00' N. lat., the

daily trip limit for sablefish is 300 lb (136 kg), which counts toward

a cumulative trip limit of 3,000 lb (1,361 kg) for the period of July 1

through August 31, 1999. Beginning September 1, the daily trip limit

for sablefish counts toward a cumulative trip limit of 1,500 lb (680

kg) per calendar month.

(ii) * * *

(b) Exempted trawl gear. (i) Sablefish taken by vessels engaged in

fishing for spot and ridgeback prawns, California halibut, or sea

cucumber with exempted trawl gear. North of 36 deg.00' N. lat., the

daily trip limit for sablefish is 300 lb (136 kg), which counts toward

a cumulative trip limit of 1,800 lb (816 kg) per 2-month period. South

of 36 deg.00' N. lat., the daily trip limit for sablefish is 350 lb

(159 kg) per day. [Note: All sablefish taken by vessels engaged in

fishing for spot and ridgeback prawns, California halibut, or sea

cucumber with exempted trawl gear may not exceed and counts against the

300 lb (136 kg) per trip limit for groundfish specified below at

paragraph IV.C.(6).]

(ii) Sablefish taken by vessels engaged in fishing for pink shrimp

with exempted trawl gear. North of 36 deg.00' N. lat., the cumulative

trip limit for sablefish is 1,800 lb (816 kg) per 2-month period. South

of 36 deg.00' N. lat., the daily trip limit for sablefish is 350 lb

(159 kg) per day, which may not be multiplied by the number of days in

the trip. [Note: All sablefish taken by vessels engaged in fishing for

pink shrimp with exempted trawl gear may not exceed and counts against

the 500 lb (227 kg) per day and 2,000 lb (907 kg) per trip limit for

groundfish specified below at paragraph IV.C.(7).]

* * * * *

Classification

These actions are authorized by the regulations implementing the

FMP, and are based on the most recent data available. The aggregate

data upon which these actions are based are available for public

inspection at the office of the Administrator, Northwest Region, NMFS

(see ADDRESSES) during business hours.

NMFS finds good cause to waive the requirement to provide prior

notice and an opportunity for public comment on this action pursuant to

5 U.S.C. 553(b)(B), because providing prior notice and opportunity for

comment would be impractical. It would be impractical because the

cumulative trip limit period began July 2, 1999, and affording

additional notice and opportunity for public comment would impede the

due and timely execution of the agency's function of managing fisheries

to achieve OY.

NMFS also finds good cause to waive the 30-day delay in

effectiveness pursuant to 5 U.S.C. 553(d)(3), because such a delay

would be contrary to the public interest. This action should be

implemented at the beginning of the cumulative trip limit period to

avoid confusion and maximize the potential that fishers will harvest

the allocation. For these reasons good cause exists to waive the 30-day

delay in effectiveness.

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: July 1, 1999.

George H. Darcy,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 99-17325 Filed 7-2-99; 4:01 pm]

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