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. 981231333-8333-01; I.D. 072699C]

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 the trip limits in the Pacific Coast

groundfish limited entry fisheries for Sebastes complex species north

of Cape Mendocino, and for yellowtail rockfish and for rockfish other

than yellowtail and canary rockfish within the Sebastes complex, north

of Cape Mendocino. These actions, which are authorized by the Pacific

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

the fisheries achieve optimum yields (OYs).

DATES: Effective 0001 hours local time (l.t.) August 1, 1999. For

vessels operating in the B platoon, effective 0001 hours l.t. August

16, 1999. These changes remain in effect, unless modified, superseded

or rescinded, until the effective date of the 2000 annual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 August 19, 1999.

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

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

N.E., 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.

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 may be made as necessary.

Currently the limited entry cumulative landings limit for Sebastes

complex species taken north of Cape Mendocino is 30,000 lb (13,608 kg)

per 2-month period. Within that limit and also north of Cape Mendocino,

the cumulative landings limit for yellowtail rockfish is 16,000 lb

(7,257 kg) per 2-month period.

The best available information at the June Council meeting

indicated that 1,107 mt of Sebastes complex species had been landed

north of Cape Mendocino through May 31, 1999, which is 69 percent of

the 1,613 mt expected Sebastes complex landings for the January 1

through May 31 period. Within those Sebastes complex landings, 630 mt

of yellowtail rockfish had been landed north of Cape Mendocino through

May 31, 1999, which is 76 percent of the 832 mt expected yellowtail

rockfish landings for the January 1 through May 31 period. These

relatively low landings rates may be due to several factors, including

poor winter weather and unusual La Nina ocean conditions. If the

fishery were to continue under current landings limits, the fleet would

not harvest its allocations for these species by the end of the year

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

Council recommended that the 2-month cumulative trip limit for Sebastes

complex species taken north of Cape Mendocino be increased to 35,000 lb

(15,876 kg) for the period of August 1 through September 30. Within

that limit, the Council recommended that the 2-month cumulative trip

limit for yellowtail rockfish taken north of Cape Mendocino be

increased to 20,000 lb (9,072 kg) for the period of August 1 through

September 30. The Council further recommended adding a

[[Page 42287]]

cumulative trip limit for rockfish, other than yellowtail rockfish and

canary rockfish, taken under the Sebastes complex landings limit and

north of Cape Mendocino. Within the Sebastes complex limit, the Council

recommended an ``other rockfish'' 2-month cumulative trip limit of

10,000 lb (4,536 kg) for the period of August 1 through September 30.

The purpose of this ``other rockfish'' limit is to discourage effort

shifts to other rockfish species with much smaller harvest guidelines.

Beginning October 1, the 2-month cumulative trip limits for all

limited entry landings will convert to 1-month limits, as previously

announced in the Federal Register, including limits for the Sebastes

complex, yellowtail rockfish and canary rockfish north of Cape

Mendocino. Additionally, the ``other rockfish'' 2-month cumulative trip

limit will convert to a monthly cumulative trip limit of 4,000 lb

(1,814 kg) north of Cape Mendocino.

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; 64 FR 16862, April 7,

1999, and 64 FR 24062, May 5, 1999) as amended. The annual management

measures are amended as follows:

1. In section IV, under B. Limited Entry Fishery, table 3 under

paragraph B, (2)(b)(i) is revised to read as follows:

B. Limited Entry Fishery

* * * * *

(2) * * *

(b) * * *

(i) * * *

Table 3.--Sebastes Complex and Its Component Species

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Cumulative trip limits (in pounds)

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Sebastes complex (north Rockfish Canary rockfish \1\ (north

and south of Cape other than and south of Cape Length of

Cumulative trip limit Mendocino) Yellowtail yellowtail Mendocino) Bocaccio \1\ cumulative

Phase periods ---------------------------- rockfish \1\ and canary ---------------------------- (south of trip limit

(north of \1\ (north Cape period

Cape of Cape Mendocino) (months)

North South Mendocino) Mendocino) North South

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I Jan. 1-Mar. 31.......... 24,000 13,000 15,000 9,000 9,000 750 per 3

month

(10,886 kg) (5,897 kg) (6,804 kg) (4,082 kg) (4,082 kg) (340 kg)

II Apr. 1-May 31........... 25,000 6,500 13,000 9,000 6,500 750 per 2

month

(11,340 kg) (2,948 kg) (5,897 kg) (4,082 kg) (2,948 kg) (340 kg)

June 1-July 31.......... 30,000 3,500 16,000 14,000 3,500 \2\ 1,000 2

(13,608 kg) (1,588 kg) (7,257 kg) (6,350 kg) (1,588 kg) (454 kg)

Aug. 1-Sept. 30......... 35,000 3,500 20,000 10,000 14,000 3,500 \2\ 1,000 2

(15,876 kg) (1,588 kg) (9,072 kg) (4,536 kg) (6,350 kg) (1,588 kg) (454 kg)

III Oct. 1-31............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1

Nov. 1-30............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1

Dec. 1-31............... 10,000 5,000 5,000 4,000 3,000 3,000 500 1

(4,536 kg) (2,268 kg) (2,268 kg) (1,814 kg) (1,361 kg) (1,361 kg) (227 kg)

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\1\ Also counts toward the overall Sebastes complex limit.

\2\ No more than 500 lb (227 kg) of bocaccio may be landed per trip, which counts towards the cumulative trip limits for bocaccio and the Sebastes

complex south of Cape Mendocino.

* * * * *

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 begins on August 1, 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 to 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 29, 1999.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 99-19932 Filed 7-29-99; 4:02 pm]

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