[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40187-40205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 021209300-3048-02; I.D. 062703A]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Annual Specifications and Management
Measures; Trip Limit Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustments to trip limits and the trawl rockfish
conservation area boundaries; correction to trawl rockfish conservation
area boundaries; request for comments.
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SUMMARY: NMFS announces changes to trip limits and the trawl rockfish
conservation area (RCA) for the Pacific Coast groundfish fishery. Trip
limit adjustments include changes to the limited entry trawl (Dover
sole, thornyhead, sablefish) (DTS) limits coastwide and the limited
entry fixed gear and open access minor nearshore rockfish limits
coastwide. Changes to the trawl RCA during the months of July and
August will restore nearshore fishing opportunities by moving the
eastern boundary of the trawl RCA into deeper waters. For the trawl
``A'' platoon, trip limit adjustments and changes to the trawl RCA will
be effective July 1, 2003. Inseason adjustments to trip limits and the
trawl RCA for the trawl ``B'' platoon will be effective July 16, 2003.
These actions, which are authorized by the Pacific
[[Page 40188]]
Coast Groundfish Fishery Management Plan (FMP), will allow fisheries
access to more abundant groundfish stocks while protecting overfished
and depleted stocks.
DATES: Changes to management measures are effective 0001 hours (local
time) July 1, 2003, until the 2004 annual specifications and management
measures are effective, unless modified, superseded, or rescinded
through a publication in the Federal Register. Comments on this rule
will be accepted through July 31, 2003.
ADDRESSES: Submit comments to D. Robert Lohn, Administrator, Northwest
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or Rod
McInnis, Acting Administrator, Southwest Region, NMFS, 501 West Ocean
Blvd, Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen or Jamie Goen
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736; and
e-mail: carrie.nordeen@noaa.gov or jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is available on the Government
Printing Office's website at: http://www.access.gpo.gov/su_docs/ca/docs/aces/aces140.html.
Background information and documents are
available at the NMFS Northwest Region website at: http://www.nwr.noaa.gov/1sustfsh/gdfsh01.htm
and at the Pacific Fishery
Management Council's website at: http://www.pcouncil.org.
Background
The Pacific Coast Groundfish FMP and its implementing regulations
at 50 CFR part 660, subpart G, regulate fishing for over 80 species of
groundfish off the coasts of Washington, Oregon, and California. Annual
groundfish specifications and management measures are initially
developed by the Pacific Fishery Management Council (Pacific Council),
and are implemented by NMFS. The specifications and management measures
for the 2003 fishing year (January 1 - December 31, 2003) were
initially published in the Federal Register as an emergency rule for
January 1 - February 28, 2003 (68 FR 908, January 7, 2003) and as a
proposed rule for March 1 - December 31, 2003 (68 FR 936, January 7,
2003). The emergency rule was amended at 68 FR 4719, January 30, 2003,
and the final rule for March 1 - December 31, 2003 was published in the
Federal Register on March 7, 2003 (68 FR 11182). The final rule has
been subsequently amended at 68 FR 18166 (April 15, 2003), at 68 FR
23901 (May 6, 2003), at 68 FR 23924 (May 6, 2003), and at 68 FR 32680
(June 2, 2003).
The following changes to current groundfish management measures
were recommended by the Pacific Council, in consultation with Pacific
Coast Treaty Tribes and the States of Washington, Oregon, and
California, at its June 16-20, 2003, meeting in Foster City, CA.
Pacific Coast groundfish landings will be monitored throughout the
year, and further adjustments will be made as necessary to allow
achievement of or avoid exceeding the 2003 optimum yields (OYs) and
allocations.
Trawl Rockfish Conservation Area (RCA) North of 40[deg]10' N. Lat.
When the 2003 specifications and management measures were developed
for the Pacific Coast groundfish fishery in the fall of 2002, the
Pacific Council's Groundfish Management Team (GMT) developed a bycatch
scorecard to project and track estimated mortality of overfished
groundfish species during 2003. This scorecard is updated throughout
the year as catch data become available. At the Pacific Council's June
meeting, the scorecard was updated for canary rockfish, an overfished
species, with catch data based on projected harvest under inseason
adjustments for the May - June cumulative period, catch in Oregon's
recreational fishery, catch under Washington's spiny dogfish shark and
walleye pollock exempted fishing permits (EFPs), and information on
vessel participation and target species by depth from 2002 fish tickets
and logbooks. Based on these data, an additional 3.5 mt of canary
rockfish is available to be harvested as incidental catch, in order to
allow the access to more abundant species, during 2003 without
exceeding the canary rockfish OY.
In order to provide additional fishing opportunity for the trawl
fishery that has been severely restricted to reduce the incidental
catch of canary rockfish, the size of the trawl RCA (the area closed to
most fishing with trawl gear) is being decreased during the months of
July and August. At their April 7-11, 2003, meeting in Vancouver, WA,
the Pacific Council recommended that preliminary observer-based trawl
bycatch rates be incorporated into the bycatch model used to develop
inseason adjustments to trip limits and area closures. These observer-
based trawl bycatch rates indicated that canary rockfish bycatch in the
trawl fishery north of 40[deg]10' N. lat. is higher than previously
estimated. Based on that new information, in May 2003, the trawl RCA
was shifted to better align with areas where canary rockfish were
encountered (between latitude and longitude coordinates that
approximate the 50-fm (91-m) and 200-fm (366-m) depth contours) to slow
that catch of canary rockfish. Using 2.85 mt (2,850 kg) of the
additional 3.5 mt (3,500 kg) of canary rockfish available for harvest
during 2003, this inseason action will restore trawl fishing
opportunity by returning the eastern trawl RCA boundary to latitude and
longitude coordinates approximating the 75-fm (137-m) depth contour. In
addition to providing fishing opportunity, moving the eastern trawl RCA
boundary out into deeper waters during July and August is expected to
decrease interactions between the trawl fleet and molting, soft-shelled
Dungeness crab found shoreward of 50-fm (91-m). In short, during the
months of July and August, the trawl RCA will extend between latitude
and longitude coordinates approximating the 75-fm (137-m) and 200-fm
(366-m) depth contours. During the months of September - December, the
trawl RCA will remain as previously scheduled, extending between
coordinates approximating the 50-fm (91-m) and 200-fm (366-m) depth
contours, with a western boundary modified to incorporate petrale
fishing areas during November and December.
In the final rule announcing Pacific Coast annual specifications
and management measures for March - December (68 FR 11182, March 7,
2003), a correction was made to the 75-fm (137-m) RCA boundary to
prevent it from intersecting with the 100-fm (183-m) RCA boundary north
of 40[deg]10' N. lat. This correction proved to be too coarse,
resulting in the 75-fm (137-m) RCA boundary not closely following the
75-fm (137-m) depth contour in one section of the coast off Washington.
Therefore, this inseason action will also correct the 75-fm (137-m) RCA
boundary to better align it with the 75-fm (137-m) depth contour.
Limited Entry Trawl Limits for the DTS (Dover Sole, Thornyhead,
Sablefish) Fishery Coastwide
In an effort to provide for fishing opportunity along the coast
while keeping groundfish species within their respective 2003 OYs, the
Pacific Council recommended trip limit adjustments for the DTS fishery.
The GMT and the Pacific Council's Groundfish Advisory Panel (GAP)
weighed the expected catch of canary rockfish and DTS species
associated with previously scheduled DTS trip limits and RCA boundaries
[[Page 40189]]
against the expected catch of canary rockfish and DTS species
associated with moving the eastern boundary of the trawl RCA south of
40[deg]10' N. lat. into deeper water (discussed below) when making DTS
trip limit adjustments. Their goal was to provide adequate fishing
opportunity while keeping the harvest of DTS species on track for the
year and keeping the total mortality of canary rockfish within amounts
forecast in the bycatch scorecard and within the canary rockfish OY.
Landed catch data through May 24, 2003, indicate that sablefish
trawl catch was at 28 percent of the annual target with greater than 50
percent forecast to be taken within the last half of the year. There is
a great deal of uncertainty in observer-based discard rates for
sablefish. Should the final analysis of the observer-based discard
rates result in higher estimates being used in 2003, the calculated
harvest of sablefish may be greater than currently projected. Because
new observer data will be available in September, the Pacific Council
chose to slow the catch of sablefish during July and August, to ensure
harvest opportunities through the end of the year, with the intent of
increasing sablefish trawl trip limits later in the year, if possible.
Therefore, the limited entry trawl sablefish limit north of 40[deg]10'
N. lat. is decreased from the previously scheduled limit of 10,000 lb
(4,536 kg) per 2 months to 9,000 lb (4,082 kg) per 2 months, providing
that only large footrope or midwater trawl gear is used to land any
groundfish species during the entire limit period. The limited entry
small footrope trawl sablefish limit, (i.e., if small footrope gear is
used at any time in any area (north or south, seaward or shoreward of
the RCA) during the entire limit period) remains unchanged at 3,000 lb
(1,361 kg) per 2 months. South of 40[deg]10' N. lat., the limited entry
trawl sablefish limit is decreased from the previously scheduled limit
of 12,000 lb (5,443 kg) per 2 months to 9,000 lb (4,082 kg) per 2
months.
Landed catch data through May 24, 2003, indicate that Dover sole
catch was at 38 percent of the annual target. North of 40[deg]10' N.
lat., the Pacific Council recommended that Dover sole trip limits
increase to allow for Dover sole retention by those vessels fishing
seaward of the RCA. South of 40[deg]10' N. lat., Dover sole limits were
previously scheduled to increase during July and August in compensation
for lack of nearshore fishing opportunity. Because nearshore fishing
opportunity was restored by moving the eastern trawl RCA boundary into
deeper water, Dover sole trip limits were decreased to minimize the
incidental catch of overfished species. Therefore, the limited entry
trawl Dover sole limit north of 40[deg]10' N. lat. is increased from
the previously scheduled limit of 31,000 lb (14,061 kg) per 2 months to
34,000 lb (15,513 kg) per 2 months, providing that only large footrope
or midwater trawl gear is used to land any groundfish species during
the entire limit period. The limited entry small footrope trawl Dover
sole limit, (i.e., if small footrope gear is used at any time in any
area (north or south, seaward or shoreward of the RCA) during the
entire limit period) remains unchanged at 12,500 lb (5,670 kg) per 2
months. South of 40[deg]10' N. lat., the limited entry trawl Dover sole
limit is decreased from the previously scheduled limit of 35,000 lb
(15,876 kg) per 2 months to 34,000 lb (15,513 kg) per 2 months.
Landed catch data indicate that shortspine thornyhead catch is
higher than expected (44 percent of the annual target through May 24,
2003). Shortspine thornyhead is a long-lived species that cannot
sustain aggressive harvest rates. This makes it a constraining species
for the DTS complex fishery, because coincidental catch of shortspine
thornyhead may prevent the harvest of Dover sole and longspine
thornyhead. In order to keep the shortspine thornyhead catch within its
2003 OY while allowing for shortspine thornyhead retention during
pursuit of sablefish or Dover sole with small footrope trawl gear, the
Pacific Council recommended an adjustment to shortspine thornyhead trip
limits. Therefore, the limited entry trawl shortspine thornyhead limit
north of 40[deg]10' N. lat. is decreased from the previously scheduled
limit of 2,800 lb (1,270 kg) per 2 months to 2,400 lb (1,089 kg) per 2
months, providing that only large footrope or midwater trawl gear is
used to land any groundfish species during the entire limit period. The
limited entry small footrope trawl shortspine thornyhead limit, (i.e.,
if small footrope gear is used at any time in any area (north or south,
seaward or shoreward of the RCA) during the entire limit period) is
increased from the previously scheduled zero retention limit to 1,000
lb (454 kg) per 2 months. South of 40[deg]10' N. lat., the limited
entry trawl shortspine thornyhead limit is decreased from the
previously scheduled limit of 3,100 lb (1,406 kg) per 2 months to 2,400
lb (1,089 kg) per 2 months.
Landed catch data through May 24, 2003, indicate that longspine
thornyhead catch was at 32 percent of the annual target. Because of the
coincidental catch of shortspine thornyhead with longspine thornyhead
in combination with moving the eastern boundary of the trawl RCA into
deeper water during July and August, the catch ratio of shortspine to
longspine thornyheads is expected to increase. In response to reduced
trip limits for shortspine thornyhead and the need to maintain the
catch ratio of 5 lb (2.27 kg) longspine thornyhead to 1 lb (0.45 kg)
shortspine thornyhead, the Pacific Council also recommended an
adjustment in longspine thornyhead trip limits. Therefore, the limited
entry trawl longspine thornyhead limit north of 40[deg]10' N. lat. is
decreased from the previously scheduled limit of 14,000 lb (6,350 kg)
per 2 months to 11,500 lb (5,216 kg) per 2 months, providing that only
large footrope or midwater trawl gear is used to land any groundfish
species during the entire limit period. The limited entry small
footrope trawl longspine thornyhead limit, (i.e., if small footrope
gear is used at any time in any area (north of south, seaward or
shoreward of the RCA) during the entire limit period) is increased from
the previously scheduled zero retention limit to 5,000 lb (2,268 kg)
per 2 months. South of 40[deg]10' N. lat., the limited entry trawl
longspine thornyhead limit is decreased from the previously scheduled
limit 16,000 lb (7,257 kg) per 2 months to 11,500 lb (5,216 kg) per 2
months.
Limited Entry Fixed Gear and Open Access Minor Nearshore Rockfish
Limits North of 40[deg]10' N. Lat.
Landed catch of nearshore rockfish in the limited entry fixed gear
and open access fisheries off northern California is lower than
anticipated through May 24, 2003. In an effort to enable the northern
California fishery to achieve its nearshore rockfish harvest guideline,
the trip limits for minor nearshore rockfish are increased from the
previously scheduled limit of 3,000 lb (1,361 kg) per 2 months, no more
than 900 lb (408 kg) of which may be species other than black or blue
rockfish, to 4,000 lb (1,814 kg) per 2 months, no more than 1,200 lb
(544 kg) of which may be species other than black or blue rockfish.
This trip limit increase is consistent with Oregon's plans to proceed
toward their nearshore rockfish catch cap. However, because the Oregon
fishery is proceeding on schedule with their harvest of black and blue
rockfish, this trip limit increase may require Oregon to take
independent, State action at a later date to constrain their nearshore
rockfish fishery in order to stay within their black rockfish catch
cap.
[[Page 40190]]
Limited Entry Fixed Gear and Open Access Minor Nearshore Rockfish
Limits South of 40[deg]10' N. Lat.
Because landings of minor nearshore rockfish south of 40[deg]10' N.
lat. are higher than expected, there is concern whether this fishery
will remain open the entire year. In order to ensure fishing
opportunity later in the year, when market values for nearshore
rockfish species are high, the Pacific Council recommended a decrease
in the shallow nearshore rockfish limit. Therefore, the limited entry
fixed gear and open access shallow minor nearshore rockfish limit south
of 40[deg]10' N. lat. is decreased during the months of July and August
from the previously scheduled limit of 500 lb (227 kg) per 2 months to
400 lb (181 kg) per 2 months. During the months of September and
October, the limited entry fixed gear and open access shallow minor
nearshore rockfish limit south of 40[deg]10' N. lat. is similarly
decreased from the previously scheduled limit of 400 lb (181 kg) per 2
months to 300 lb (136 kg) per 2 months.
Landings of deeper nearshore rockfish species are not accumulating
as rapidly as the landings of shallow nearshore rockfish. In order to
keep landings on track for the year and provide harvest opportunity
during summer months when participation in this fishery is high, the
Pacific Council recommended that deeper nearshore rockfish trip limits
be increased. Therefore, the limited entry fixed gear and open access
deeper minor nearshore rockfish limit south of 40[deg]10' N. lat. is
increased during the months of July and August from the previously
scheduled limit of 400 lb (181 kg) per 2 months to 500 lb (227 kg) per
2 months. During the months of September and October, the limited entry
fixed gear and open access deeper minor nearshore rockfish limit south
of 40[deg]10' N. lat. is similarly increased from the previously
scheduled limit of 200 lb (91 kg) per 2 months to 300 lb (136 kg) per 2
months.
Trawl Rockfish Conservation Area (RCA) South of 40[deg]10' N. Lat.
In exchange for higher limited entry trawl DTS trip limits
scheduled during May - August 2003, the trawl RCA was scheduled to
extend from the shoreline to latitude and longitude coordinates
approximating the 200-fm (366-m) depth contour during the months of
July and August. This scheduled placement of the RCA was designed to
reduce nearshore fishing opportunity during those months, thereby,
slowing the incidental catch of overfished rockfish species (bocaccio
and canary rockfish). However, based on Pacific Council actions at
their June meeting, this scheduled reduction of nearshore fishing
opportunity will not be necessary for three reasons. The first reason
is that an adequate amount of canary rockfish was made available on the
Pacific Council's bycatch scorecard, as discussed above, to accommodate
a modest nearshore fishing opportunity (expected to result in an
additional 0.05 mt (500 kg) of catch) while still remaining within the
canary rockfish OY. The second reason is that the GMT and GAP agreed to
reduce limited entry trawl DTS trip limits coastwide from the
previously scheduled limits, during the months of July and August, to
allow for this additional nearshore fishing opportunity. The third
reason is that an adequate amount of bocaccio was available on the
bycatch scorecard to allow for this adjustment, which is expected to
result in an additional 0.8 mt (800 kg) of catch. Therefore, the
eastern boundary of the trawl RCA will move from the shoreline to
latitude and longitude coordinates that approximate the 60-fm (110-m)
depth contour between 40[deg]10' N. lat. and 34[deg]27' N. lat. and the
100-fm (183-m) depth contour between 34[deg]27' N. lat. and the U.S.
boundary with Mexico for the months of July and August. Therefore,
during the months of July and August, the trawl RCA between 40[deg]10'
N. lat. and 34[deg]27' N. lat. will extend between latitude and
longitude coordinates that approximate the 60-fm (110-m) and 200-fm
(366- m) depth contours, and the trawl RCA between 34[deg]27' N. lat.
and the U.S. border with Mexico will extend between latitude and
longitude coordinates that approximate the 100-fm (183-m) and 200-fm
(366-m) depth contours. The trawl RCA around southern California
islands and seamounts will remain as previously scheduled, extending
between the shoreline and latitude and longitude coordinates that
approximate the 200-fm (366-m) depth contour. During the months of
September - December, the trawl RCA will remain as previously
scheduled, extending between eastern boundary coordinates approximating
either the 60-fm (110- m) or 100-fm (183-m) depth contour and western
boundary coordinates approximating the 200-fm (366-m) depth contour,
with a western boundary for limited entry trawl modified to incorporate
petrale fishing areas during November and December.
Non-Trawl Rockfish Conservation Area (RCA) and Recreational Fisheries
Boundary South of 40[deg]10' N. Lat.
During 2003, the limited entry fixed gear fleet in California has
been severely constrained by low trip limits and limited nearshore
fishing opportunities, with the non-trawl RCA (the area closed to most
fishing with non-trawl gear) extended from the 20-fm (37-m) depth
contour to latitude and longitude coordinates approximating the 150-fm
(274-m) depth contour. These management measures were designed to limit
the incidental take of bocaccio rockfish and keep the catch of bocaccio
within is 2003 OY of less than 20 mt (20,000 kg). The recreational
fishing fleet in California has been similarly constrained, by a
reduced season length (July - December) and limited nearshore fishing
opportunities, generally shoreward of the 20-fm (37-m) depth contour,
to minimize the incidental take of bocaccio. Based on a new stock
assessment and rebuilding analysis that was available at the June
meeting, the Pacific Council adopted a range of rebuilding OYs (199 mt
(199,000 kg) to 526 mt (526,000kg)) for bocaccio in 2004. Taking into
account this more recent stock assessment information (as compared with
the OY of less than 20 mt (20,000 kg) for 2003) and the economic
hardship resulting from restrictive management measures necessary to
keep the incidental catch of bocaccio within its 2003 OY, the
California Department of Fish and Game (CDFG) proposed to the Pacific
Council that the 2003 bocaccio OY be flexible enough to allow for a
modest increase in nearshore fishing opportunity. Specifically, CDFG
proposed that during the months of September - December the eastern
boundary for the non-trawl RCA and recreational fisheries between
34[deg]27' N. lat. and the U.S. border with Mexico be moved from the 20
fm (37 m) depth contour out to the 30 fm (55 m) depth contour. This
boundary change was recommended by the Pacific Council because it would
provide much needed harvest opportunity and economic relief for limited
entry fixed gear and recreational fishers with an expected incidental
take of an additional 2.22 mt (2,220 kg) of bocaccio. The projected
incidental take of bocaccio associated with moving the eastern trawl
RCA boundary (the portion south of 40[deg]10' N. lat.) into deeper
water during July and August, as discussed earlier and implemented with
this Federal Register document, is not expected to result in the total
mortality of bocaccio exceeding its 2003 OY. However, the projected
catch associated
[[Page 40191]]
with changing the eastern boundary of the trawl RCA in combination with
the projected incidental catch of 2.22 mt (2,200 kg) associated with
moving the eastern non-trawl RCA/recreational boundary (the portion
south of 34[deg]27' N. lat.) into deeper water during September -
December, is expected to result in the bocaccio total mortality
exceeding the 2003 bocaccio OY by approximately 2 mt (2,000 kg).
Because of the additional complexities of this proposal, and because it
does not need to be implemented on July 1, NMFS is not implementing the
eastern non-trawl RCA and/or recreational fishing boundary change with
this Federal Register document so as not to delay the July 1 inseason
adjustment. However, NMFS is considering CDFG's request and the Pacific
Council's recommendation and any action to change the eastern non-trawl
RCA/recreational boundary to accommodate CDFG's request and the Pacific
Council's recommendation will occur in a future action published in the
Federal Register.
NMFS Actions
For the reasons stated herein, NMFS concurs with the Pacific
Council's recommendations implemented herein and hereby announces the
following changes to the 2003 management measures (68 FR 11182, March
7, 2003, as amended at 68 FR 18166, April 15, 2003, at 68 FR 23901, May
6, 2003, at 68 FR 23925, May 6, 2003, and at and at 68 FR 32680, June
2, 2003) to read as follows:
1. On page 11206, in section IV., under A. General Definitions and
Provisions, paragraph (19)(e)(ii) is revised to read as follows:
(ii) The 75 fm (137 m) depth contour used north of 40[deg]10' N.
lat. as an eastern boundary for the trawl RCA is defined by straight
lines connecting all of the following points in the order stated:
(1) 48[deg]16.08' N. lat., 125[deg]34.90' W. long.;
(2) 48[deg]14.50' N. lat., 125[deg]29.50' W. long.;
(3) 48[deg]12.08' N. lat., 125[deg]28.00' W. long.;
(4) 48[deg]09.00' N. lat., 125[deg]28.00' W. long.;
(5) 48[deg]07.80' N. lat., 125[deg]31.70' W. long.;
(6) 48[deg]04.28' N. lat., 125[deg]29.00' W. long.;
(7) 48[deg]02.50' N. lat., 125[deg]25.70' W. long.;
(8) 48[deg]10.00' N. lat., 125[deg]20.19' W. long.;
(9) 48[deg]21.70' N. lat., 125[deg]17.56' W. long.;
(10) 48[deg]23.12' N. lat., 125[deg]10.25' W. long.;
(11) 48[deg]21.99' N. lat., 125[deg]02.59' W. long.;
(12) 48[deg]23.05' N. lat., 124[deg]48.80' W. long.;
(13) 48[deg]17.10' N. lat., 124[deg]54.82' W. long.;
(14) 48[deg]05.10' N. lat., 124[deg]59.40' W. long.;
(15) 48[deg]04.50' N. lat., 125[deg]02.00' W. long.;
(16) 48[deg]04.70' N. lat., 125[deg]04.08' W. long.;
(17) 48[deg]05.20' N. lat., 125[deg]04.90' W. long.;
(18) 48[deg]06.80' N. lat., 125[deg]06.15' W. long.;
(19) 48[deg]05.91' N. lat., 124[deg]08.30' W. long.;
(20) 48[deg]07.00' N. lat., 124[deg]09.80' W. long.;
(21) 48[deg]06.93' N. lat., 124[deg]11.48' W. long.;
(22) 48[deg]04.98' N. lat., 124[deg]10.02' W. long.;
(23) 47[deg]54.00' N. lat., 125[deg]04.98' W. long.;
(24)47[deg]44.52' N. lat., 125[deg]00.00' W. long.;
(25)47[deg]42.00' N. lat., 124[deg]58.98' W. long.;
(26)47[deg]35.52' N. lat., 124[deg]55.50' W. long.;
(27)47[deg]22.02' N. lat., 124[deg]44.40' W. long.;
(28)47[deg]16.98' N. lat., 124[deg]45.48' W. long.;
(29)47[deg]10.98' N. lat., 124[deg]48.48' W. long.;
(30)47[deg]04.98' N. lat., 124[deg]49.02' W. long.;
(31)46[deg]57.98' N. lat., 124[deg]46.50' W. long.;
(32)46[deg]54.00' N. lat., 124[deg]45.00' W. long.;
(33)46[deg]48.48' N. lat., 124[deg]44.52' W. long.;
(34)46[deg]40.02' N. lat., 124[deg]36.00' W. long.;
(35)46[deg]34.09' N. lat., 124[deg]27.03' W. long.;
(36)46[deg]24.64' N. lat., 124[deg]30.33' W. long.;
(37)46[deg]19.98' N. lat., 124[deg]36.00' W. long.;
(38) 46[deg]18.14' N. lat., 124[deg]34.26' W. long.;
(39) 46[deg]18.72' N. lat., 124[deg]22.68' W. long.;
(40) 46[deg]14.64' N. lat., 124[deg]22.54' W. long.;
(41) 46[deg]11.08' N. lat., 124[deg]30.74' W. long.;
(42) 46[deg]04.28' N. lat., 124[deg]31.49' W. long.;
(43) 45[deg]55.97' N. lat., 124[deg]19.95' W. long.;
(44) 45[deg]44.97' N. lat., 124[deg]15.96' W. long.;
(45) 45[deg]43.14' N. lat., 124[deg]21.86' W. long.;
(46) 45[deg]34.44' N. lat., 124[deg]14.44' W. long.;
(47) 45[deg]15.49' N. lat., 124[deg]11.49' W. long.;
(48) 44[deg]57.31' N. lat., 124[deg]15.03' W. long.;
(49) 44[deg]43.90' N. lat., 124[deg]28.88' W. long.;
(50) 44[deg]28.64' N. lat., 124[deg]35.67' W. long.;
(51) 44[deg]25.31' N. lat., 124[deg]43.08' W. long.;
(52) 44[deg]17.15' N. lat., 124[deg]47.98' W. long.;
(53) 44[deg]13.67' N. lat., 124[deg]54.41' W. long.;
(54) 43[deg]56.85' N. lat., 124[deg]55.32' W. long.;
(55) 43[deg]57.50' N. lat., 124[deg]41.23' W. long.;
(56) 44[deg]01.79' N. lat., 124[deg]38.00' W. long.;
(57) 44[deg]02.16' N. lat., 124[deg]32.62' W. long.;
(58) 43[deg]58.15' N. lat., 124[deg]30.39' W. long.;
(59) 43[deg]53.25' N. lat., 124[deg]31.39' W. long.;
(60) 43[deg]35.56' N. lat., 124[deg]28.17' W. long.;
(61) 43[deg]21.84' N. lat., 124[deg]36.07' W. long.;
(62) 43[deg]19.73' N. lat., 124[deg]34.86' W. long.;
(63) 43[deg]09.38' N. lat., 124[deg]39.30' W. long.;
(64) 43[deg]07.11' N. lat., 124[deg]37.66' W. long.;
(65) 42[deg]56.27' N. lat., 124[deg]43.29' W. long.;
(66) 42[deg]45.00' N. lat., 124[deg]41.50' W. long.;
(67) 42[deg]39.72' N. lat., 124[deg]39.11' W. long.;
(68) 42[deg]32.88' N. lat., 124[deg]40.13' W. long.;
(69) 42[deg]32.30' N. lat., 124[deg]39.04' W. long.;
(70) 42[deg]26.96' N. lat., 124[deg]44.31' W. long.;
(71) 42[deg]24.11' N. lat., 124[deg]42.16' W. long.;
(72) 42[deg]21.10' N. lat., 124[deg]35.46' W. long.;
(73) 42[deg]14.72' N. lat., 124[deg]32.30' W. long.;
(74) 42[deg]09.24' N. lat., 124[deg]32.04' W. long.;
(75) 42[deg]01.89' N. lat., 124[deg]32.70' W. long.;
(76) 42[deg]00.03' N. lat., 124[deg]32.02' W. long.;
(77) 42[deg]00.00' N. lat., 124[deg]32.02' W. long.;
(78) 41[deg]46.18' N. lat., 124[deg]26.60' W. long.;
(79) 41[deg]29.22' N. lat., 124[deg]28.04' W. long.;
[[Page 40192]]
(80) 41[deg]09.62' N. lat., 124[deg]19.75' W. long.;
(81) 40[deg]50.71' N. lat., 124[deg]23.80' W. long.;
(82) 40[deg]43.35' N. lat., 124[deg]29.30' W. long.;
(83) 40[deg]40.24' N. lat., 124[deg]29.86' W. long.;
(84) 40[deg]37.50' N. lat., 124[deg]28.68' W. long.;
(85) 40[deg]34.42' N. lat., 124[deg]29.65' W. long.;
(86) 40[deg]34.74' N. lat., 124[deg]34.61' W. long.;
(87) 40[deg]31.70' N. lat., 124[deg]37.13' W. long.;
(88) 40[deg]25.03' N. lat., 124[deg]34.77' W. long.;
(89) 40[deg]23.58' N. lat., 124[deg]31.49' W. long.;
(90) 40[deg]23.64' N. lat., 124[deg]28.35' W. long.;
(91) 40[deg]22.53' N. lat., 124[deg]24.76' W. long.;
(92) 40[deg]21.46' N. lat., 124[deg]24.86' W. long.;
(93) 40[deg]21.74' N. lat., 124[deg]27.63' W. long.;
(94) 40[deg]19.76' N. lat., 124[deg]28.15' W. long.;
(95) 40[deg]18.00' N. lat., 124[deg]25.38' W. long.;
(96) 40[deg]18.54' N. lat., 124[deg]22.94' W. long.;
(97) 40[deg]15.55' N. lat., 124[deg]25.75' W. long.;
(98) 40[deg]16.06' N. lat., 124[deg]30.48' W. long.;
(99) 40[deg]15.75' N. lat., 124[deg]31.69' W. long.; and
(100) 40[deg]10.00' N. lat., 124[deg]21.28' W. long.
* * * * *
2. On pages 11218-11221, in section IV., under B. Limited Entry
Fishery, at the end of paragraph (1), Table 3 (North), Table 3 (South,
Table 4 (North), and Table 4 (South) are revised to read as follows:
IV. NMFS Actions
B. Limited Entry Fishery
(1) * * *
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3. On page 11225, in section IV., under C. Trip Limits in the Open
Access Fishery, at the end of paragraph (1), Table 5 (South) is revised
to read as follows:
IV. NMFS Actions
C. Trip Limits in the Open Access Fishery
(1) * * *
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* * * * *
Classification
These actions are authorized by the Pacific Coast groundfish FMP
and its implementing regulations, 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.
The Assistant Administrator for Fisheries (AA), NMFS, finds good
cause to waive the requirement to provide prior notice and 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
impracticable. It would be impracticable because the cumulative trip
limit period for the Pacific Coast groundfish fishery begins July 1,
2003, and affording prior notice and opportunity for public comment
would impede the Agency's function of managing fisheries to approach
without exceeding the OYs for federally managed species. The trip limit
adjustments in this document include both increases and decreases from
previously scheduled trip limits, along with simultaneous shifts in the
closed areas, or RCAs. Trip limit decreases must be implemented in a
timely manner to protect overfished groundfish species and slow the
harvest of other groundfish species, thereby, ensuring harvesting
opportunities throughout the remainder of the year. Additionally, trip
limit increases and shifts to the RCA are intended to allow harvest
opportunity for fisheries targeting more abundant groundfish stocks
with little or no impact on overfished stocks. Because the Pacific
Coast groundfish fishery is managed by trip limits and area closures,
most of which are based on a 2 month cumulative period (January-
February, March-April, May-June, July-August, September-October,
November-December), these actions should be implemented by the
beginning of the next cumulative trip limit period (July 1, 2003)
otherwise, for species for which the trip limits are being reduced,
fishers may be able to take the entire two-month cumulative limit
before the new lower limits are in place, thereby eliminating the
conservation benefit anticipated from the lower trip limits in July and
August. The increases to trip limits and reductions to the RCA in this
inseason action allow fishers to access groundfish allocations without
exceeding the OY for those species or the OYs of overfished or depleted
stocks and delaying the increase could prevent the industry from
obtaining the intended benefit of increased harvest opportunity. In
addition, the affected public had the opportunity to comment on these
actions at the June 16 20, 2003, Pacific Council meeting. For these
reasons, good cause also exists to waive the 30 day delay in
effectiveness requirement under 5 U.S.C. 553 (d)(3). In addition, the
increased trip limits and reduced RCAs relieve restrictions by
providing greater harvest opportunities than were previously scheduled
for the July - August period and thus they are not subject to a 30 day
delay in effectiveness under 5 U.S.C. 553(d)(1).
These actions are taken under the authority of 50 CFR 300.63(a)(3)
and 660.323(b)(1), and are exempt from review under Executive Order
12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-17058 Filed 7-1-03; 3:46 pm]
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