[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39875-39877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19165]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 941265-4365; I.D. 072595B]
Pacific Coast Groundfish Fishery; Canary Rockfish and Lingcod
Trip Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment; request for comments.
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SUMMARY: NMFS announces inseason adjustments to the trip limits for
canary rockfish and establishes a small trip limit for trawl-caught
lingcod smaller than 22 inches (56 cm) total length. These actions are
intended to enable the 1995 harvest guideline for canary rockfish to be
achieved, and to provide a reasonable tolerance for small lingcod.
DATES: Effective August 1, 1995, until the effective date of the 1996
annual specifications and management measures for the Pacific coast
groundfish fishery, which will be published in the Federal Register.
Comments will be accepted until August 15, 1995.
ADDRESSES: Comments on these actions should be sent to Mr. William
Stelle, Jr., Director, Northwest Region, National Marine Fisheries
Service, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, Seattle, WA
98115-0070; or Ms. Hilda Diaz-Soltero, Director, Southwest Region,
National Marine Fisheries Service, 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 Director, Northwest Region,
NMFS (Regional Director).
FOR FURTHER INFORMATION CONTACT: William L. Robinson 206-526-6140; or
Rodney R. McInnis 310-980-4040.
SUPPLEMENTARY INFORMATION: 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.
On January 9, 1995, the 1995 Annual Specifications and Management
Measures for Pacific Coast Groundfish Fishery were published in the
Federal Register (60 FR 2331-2344). The management measures were
amended
[[Page 39876]]
on May 5, 1995 (60 FR 22303), and July 19, 1995 (60 FR 37022). At its
June 1995 meeting in Clackamas, OR, the Pacific Fishery Management
Council (Council) considered the best available scientific information,
comments from its advisory committees, and public testimony before
recommending adjustments to the management measures for the groundfish
fishery.
Canary Rockfish. Canary rockfish is one of more than 50 species in
the Sebastes complex of rockfish. Based upon the best available
information through May 31, 1995, NMFS projected the total annual catch
of canary rockfish to be only 435 mt in 1995, about half the 850-mt
harvest guideline for the Vancouver and Columbia subareas. The rate of
landings would need to almost double to enable the harvest guideline to
be reached by the end of the year. The Council heard testimony that
canary rockfish were hard to catch in some areas, and that, therefore,
the trip limit should not be increased in case there is a conservation
problem. Other fishers reported that the current trip limit was too
small, and the surplus catch was being discarded. The Council had no
new information to conclude that the harvest guideline for this species
was inappropriate. Noting that canary rockfish can have a patchy
distribution and may be available to some gear types in some areas but
not in others, the Council recommended increasing the monthly
cumulative trip limit for canary rockfish from 6,000 lb (2,722 kg) to
9,000 lb (4,082 kg), so that the harvest guideline may be reached in
1995. (A cumulative monthly trip limit is the maximum amount that may
be taken and retained, possessed, or landed per vessel in a calendar
month, without a limit on the number of landings or trips.) If landings
fall short of the increased trip limit, further analysis will be
conducted to determine if this is related to markets, fishing gear, or
resource availability. NMFS concurs with the Council's recommendation
to provide for full achievement of the harvest guideline, and to
minimize trip limit induced discards. No change is made to the
cumulative monthly trip limit for the Sebastes complex.
Lingcod. A 22-inch (56 cm) total length minimum size limit for
lingcod was implemented coastwide for the first time in 1995 (60 FR
2343, January 9, 1995). At its June 1995 meeting, the Council heard
testimony from trawl fishers that it was unreasonable to be found in
violation if only a few fish in the catch were smaller than 22 inches.
The Council agreed and recommended that a small trip limit of 100
pounds (45 kg) of trawl-caught sablefish smaller than 22 inches (56 cm)
be allowed in each landing. This level is too small to encourage
targeting on small juvenile fish, will provide for landing fish that
otherwise would be discarded but probably would not survive, and will
provide a reasonable level of tolerance to the size limit restriction.
(This trip limit does not apply to hook-and-line caught lingcod, which
are more likely to survive. Even at this low level, allowing retention
of small lingcod with hook-and-line gear could encourage target fishing
on them.)
NMFS Actions
NMFS announces the following changes to the 1995 fishery
specifications and management measures for the limited entry fishery
published at 60 FR 2331-2344, January 9, 1995, as modified. All other
provisions remain in effect.
1. In paragraphs IV.C.(2)(a)(i), (ii), and (iii) the measures
dealing with canary rockfish are revised as follows:
(i) North of Cape Lookout. The cumulative trip limit for the
Sebastes complex taken and retained north of Cape Lookout is 35,000 lb
(15,876 kg) per vessel per month. Within this cumulative trip limit for
the Sebastes complex, no more than 18,000 lb (8,165 kg) may be
yellowtail rockfish taken and retained north of Cape Lookout, and no
more than 9,000 lb (4,082 kg) may be canary rockfish.
(ii) Cape Lookout to Cape Mendocino. The cumulative trip limit for
the Sebastes complex taken and retained between Cape Lookout and Cape
Mendocino is 50,000 lb (22,680 kg) per vessel per month. Within this
cumulative trip limit for the Sebastes complex, no more than 40,000 lb
(18,144 kg) may be yellowtail rockfish taken and retained between Cape
Lookout and Cape Mendocino, and no more than 9,000 lb (4,082 kg) may be
canary rockfish.
(iii) South of Cape Mendocino. The cumulative trip limit for the
Sebastes complex taken and retained south of Cape Mendocino is 100,000
lb (45,359 kg) per vessel per month. Within this cumulative trip limit
for the Sebastes complex, no more than 30,000 lb (13,608 kg) may be
bocaccio taken and retained south of Cape Mendocino, and no more than
9,000 lb (4,082 kg) may be canary rockfish.
2. Paragraph IV.G.(1) on the lingcod limited entry fishery is
revised as follows:
(1) Limited entry fishery. The cumulative trip limit for lingcod is
20,000 lb (9,072 kg) per vessel per month. Within this cumulative trip
limit, no more than 100 lb (45 kg) of trawl-caught lingcod smaller than
22 inches (56 cm) total length may be taken and retained, possessed, or
landed per vessel per fishing trip. Length measurement is explained at
paragraph IV.A.(6).
3. Paragraphs IV.G.(1)(b)(i) and (ii) on lingcod weight conversion
are revised as follows:
(i) Headed and gutted. The product recovery rate (PRR) for headed
and gutted lingcod is 1.5. Therefore, the cumulative trip limit for
headed and gutted lingcod is 13,333.3 lb (6,048 kg) processed weight
per vessel per month, which corresponds to 20,000 lb (9,072 kg) round
weight. Within this cumulative trip limit, no more than 67 lb (30 kg)
of trawl-caught lingcod that is headed and gutted, and smaller than 18
inches (46 cm) (measured according to paragraph G.(1)(a)), may be taken
and retained, possessed, or landed per vessel per fishing trip. (The
State of Washington currently uses a PRR of 1.5.)
(ii) Gutted, with the head on. The PRR for lingcod that has only
been eviscerated is 1.1. Therefore, the cumulative trip limit for
gutted lingcod is 18,182 lb (8,246 kg) processed weight per vessel per
month, which corresponds to 20,000 lb (9,072 kg) round weight. Within
this cumulative trip limit, no more than 91 lb (41 kg) of trawl-caught
lingcod smaller than 22 inches (56 cm) (measured according to paragraph
IV.A.(6)) that is gutted (with the head on) may be taken and retained,
possessed, or landed per vessel per fishing trip.
Classification
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
Director, Northwest Region, (see ADDRESSES) during business hours. At
its August and October 1994 meetings, the Council reviewed the analysis
for, and subsequently recommended, designating trip and size limits
``routine'' for canary rockfish, lingcod, and several other species and
species groups. However the rulemaking procedures designating these
actions routine have not been completed. (A routine designation means
that a particular management measure such as trip and size limits may
be changed inseason after a single Council meeting.) In its
discussions, the Council anticipated the potential need for rapid
adjustments to trip and size limits during the season to keep landings
within the species' harvest guideline, to
[[Page 39877]]
minimize disruption of traditional fishing and marketing patterns, and
to protect juvenile fish. The public had the opportunity to comment at
those meetings. There was an opportunity for additional public comment
and review of supporting documents (catch projections) at the June 1995
Council meeting, during which these issues were discussed further.
Therefore, these actions may be taken under the abbreviated rulemaking
procedures at section III.B.(3) of the appendix to 50 CFR part 663.
The increase to the canary rockfish cumulative trip limit and the
100-lb trip limit for small lingcod both relax restrictions that
currently are in effect, and both were contemplated at three Council
meetings during which the public had opportunity to comment. Public
comments were considered, and are the basis for establishing the trip
limit for small lingcod. NMFS therefore finds good cause under 5 U.S.C.
553(b)(B) to waive the requirements for publication of a general notice
of proposed rulemaking. For the same reasons, according to 5 U.S.C.
553(d)(1), these actions are not subject to the 30-day delayed
effectiveness requirement of the Administrative Procedure Act. This
action is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 28, 1995.
Donald J. Leedy,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 95-19165 Filed 7-31-95; 3:07 pm]
BILLING CODE 3510-22-F