[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47089-47090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22748]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 951227306-5306-01; I.D. 082996C]


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

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 restrictions to the Pacific Coast 
groundfish fisheries for widow rockfish and yellowtail rockfish. 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 restrictions are 
intended to keep landings as close as possible to the 1996 harvest 
guidelines for these species.

DATES: Effective from 0001 hours (local time) September 1, 1996, until 
the effective date of the 1997 annual specifications and management 
measures for the Pacific Coast groundfish fishery, which will be 
published in the Federal Register. Comments will be accepted through 
September 23, 1996.

ADDRESSES: Submit comments to William Stelle, Jr., Director, Northwest 
Region (Regional Director), National Marine Fisheries Service, 7600 
Sand Point Way NE., BIN-C15700, Seattle, WA 98115-0070; or Hilda Diaz-
Soltero, Director, 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 310-980-4040.

SUPPLEMENTARY INFORMATION: The following changes to routine management 
measures for widow and yellowtail rockfishes were recommended by the 
Pacific Fishery Management Council (Council), in consultation with the 
States of Washington, Oregon, and California, at its August 21-23, 
1996, meeting in Portland, OR.
    Widow rockfish. Widow rockfish currently are managed under a 2-
month cumulative trip limit of 70,000 lb (31,752 kg). The best 
available information at the August 1996 Council meeting indicated that 
3,426 mt of widow rockfish had been taken through July 31, 1996, and 
that the 6,500-mt harvest guideline would be reached by mid-November 
1996, if the rate of landings is not slowed. The Council recommended 
that the 2-month cumulative trip limit for widow rockfish be reduced in 
September-October 1996 from 70,000 lb (31,752 kg) to 50,000 lb (22,680 
kg) coastwide to keep landings within the harvest guideline in 1996. 
The Council also recommended reverting to 1-month cumulative trip 
limits of 25,000 lb (11,340 kg) during November and December 1996 to 
provide greater flexibility managing this species at the end of the 
year. If landings are not sufficiently curtailed, trip limits may be 
reduced further, or landings prohibited, in November and/or December 
1996.
    Yellowtail rockfish. Yellowtail rockfish is one component of the 
Sebastes complex, and is managed with different harvest guidelines and 
trip limits north and south of Cape Lookout, OR (45 deg.20'15'' N. 
lat.). South of Cape Mendocino, CA (40 deg.30' N. lat.) there is no 
specific harvest guideline or trip limit for yellowtail rockfish, other 
than the overall limit for the Sebastes complex. The northern harvest 
guideline for yellowtail rockfish (which includes the U.S. portion of 
the Vancouver area plus the Columbia area north of Cape Lookout) is 
3,590 mt, and the southern harvest guideline (for the Columbia area 
south of Cape Lookout plus the Eureka area) is 2,580 mt.
    The best available information at the August 1996 Council meeting 
indicated that 2,139 mt of yellowtail rockfish had been taken north of 
Cape Lookout through July 31, 1996, and that the 3,590-mt harvest 
guideline for this area would be reached by late October or early 
November if the rate of landings is not slowed. The Council recommended 
an immediate reduction in the 2-month cumulative trip limit, from 
32,000 lb (14,515 kg) to 20,000 lb (9,072 kg) for yellowtail rockfish 
north of Cape Lookout in September-October 1996. In addition, as for 
widow rockfish, the Council recommended reverting to 1-month cumulative 
trip limits, that are half the 2-month cumulative trip limits, during 
November and December 1996 to provide greater flexibility managing this 
species at the end of the year. The 1-month cumulative trip limits also 
apply to the Sebastes complex and canary rockfish, another major 
component of the complex, north of Cape Mendocino, for consistency with 
the limits for yellowtail rockfish. Consistency is necessary to 
accommodate special provisions implemented by the States of Oregon and 
Washington that enable fishers to operate on both sides of Cape Lookout 
and keep the larger, southern limit for yellowtail rockfish and the 
Sebastes complex. These provisions would be impossible to implement if 
a 1-month limit applied north of the line and a 2-month limit applied 
south. If landings are not sufficiently curtailed, trip limits may be 
reduced further, or landings prohibited, in November and/or December 
1996.
    At its October 1996 meeting, the Council will review the progress 
of these and other groundfish fisheries and may recommend changes to 
the limits announced herein. Any changes approved by NMFS will be 
announced in the Federal Register.
     NMFS action. NMFS concurs with the Council's recommendations, 
which are intended to keep landings of widow rockfish and yellowtail 
rockfish within their 1996 harvest guidelines.
    The 60-percent monthly limits in the limited entry fishery apply 
only in conjunction with 2-month cumulative trip limits, and therefore 
are not a part of the 1-month cumulative trip limits established for 
November and December 1996.
    The trip limit changes apply to both the limited entry and open 
access fisheries, including exempt trawl gear used to harvest pink 
shrimp and prawns. In addition, as stated in the annual management 
measures at 61 FR 279 (January 4, 1996), ``A vessel operating in the 
open access fishery must not exceed any trip limit, frequency limit, 
and/or size limit for the open access fishery; or for the same gear 
and/or subarea in the limited entry fishery; or, in any calendar month, 
50

[[Page 47090]]

percent of any 2-month cumulative trip limit for the same gear and/or 
subarea in the limited entry fishery, called the '50-percent monthly 
limit.'''
    The annual management measures published at 61 FR 279, January 4, 
1996, as amended, are modified as follows:
    1. Paragraphs IV.B.(1) and (2) of the annual management measures 
for widow rockfish are revised to read as follows:
    B.(1) Limited entry fishery.
    (a) September-October 1996. The cumulative trip limit for widow 
rockfish is 50,000 lb (22,680 kg) per vessel for the 2-month period. 
The 60-percent monthly limit is 30,000 lb (13,608 kg).
    (b) November-December 1996. The cumulative trip limit for widow 
rockfish is 25,000 lb (11,340 kg) per vessel per 1-month period.
    (2) Open access fishery. Within the limits at paragraph IV.I. for 
the open access fishery, the cumulative monthly trip limit for widow 
rockfish during September-December 1996 is 25,000 lb (11,340 kg) per 
vessel per 1-month period.
    2. Paragraphs IV.C.(2)(a)(i) and (ii) of the annual management 
measures for yellowtail rockfish and the Sebastes complex are revised 
to read as follows:
    C.(2)(a) Cumulative trip limits.
    (i) North of Cape Lookout.
    (A) September-October 1996. The cumulative trip limit for the 
Sebastes complex taken and retained north of Cape Lookout is 70,000 lb 
(31,752 kg) per vessel for the 2-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 Lookout, 
and no more than 18,000 lb (8,165 kg) may be canary rockfish.
    (B) November-December 1996. 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 1-month period. Within this cumulative trip 
limit for the Sebastes complex, no more than 10,000 lb (4,536 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.
    (A) September-October 1996. The cumulative trip limit for the 
Sebastes complex taken and retained between Cape Lookout and Cape 
Mendocino remains at 100,000 lb (45,359 kg) per vessel for the 2-month 
period. Within this cumulative trip limit for the Sebastes complex, no 
more than 70,000 lb (31,752 kg) may be yellowtail rockfish taken and 
retained between Cape Lookout and Cape Mendocino, and no more than 
18,000 lb (8,165 kg) may be canary rockfish.
    (B) November-December 1996. 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 1-month period. 
Within this cumulative trip limit for the Sebastes complex, no more 
than 35,000 lb (15,876 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.
    3. Paragraph IV.C.(2)(a)(iv) of the annual management measures for 
yellowtail rockfish and the Sebastes complex is revised to read as 
follows:
    (iv) The 60-percent monthly limits for September-October 1996 are: 
For the Sebastes complex, 42,000 lb (19,051 kg) north of Cape Lookout, 
60,000 lb (27,216 kg) between Cape Lookout and Cape Mendocino, and 
120,000 lb (54,431 kg) south of Cape Mendocino; for yellowtail 
rockfish, 12,000 lb (5,443 kg) north of Cape Lookout, and 42,000 lb 
(19,051 kg) between Cape Lookout and Cape Mendocino; for bocaccio, 
36,000 lb (16,329 kg) south of Cape Mendocino; and, for canary 
rockfish, 10,800 lb (4,899 kg) coastwide.
    4. Paragraph IV.C.(3)(b) of the annual management measures for 
yellowtail rockfish and the Sebastes complex is revised to read as 
follows:
    C.(3)(b) Open access fishery. If smaller than the limits at 
paragraph IV.I. of the annual management measures, the following 
cumulative monthly trip limits apply (within the limits at paragraph 
IV.I.) during September-December 1996: For the Sebastes complex, 35,000 
lb (15,876 kg) north of Cape Lookout, 50,000 lb (22,680 kg) between 
Cape Lookout and Cape Mendocino, and 100,000 lb (45,359 kg) south of 
Cape Mendocino; for yellowtail rockfish, 10,000 lb (4,536 kg) north of 
Cape Lookout, and 35,000 lb (15,876 kg) between Cape Lookout and Cape 
Mendocino; for bocaccio, 30,000 lb (13,608 kg) south of Cape Mendocino; 
and, for canary rockfish, 9,000 lb (4,082 kg) coastwide.

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 
Director, Northwest Region, NMFS (see ADDRESSES) during business hours. 
Because of the need for immediate action to slow the rate of harvest of 
widow and yellowtail rockfishes, and because the public had an 
opportunity to comment on the action at the August 1996 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)(i), and are exempt 
from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 30, 1996.
Donald J. Leedy
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 96-22748 Filed 8-30-96; 5:03 pm]
BILLING CODE 3510-22-F