[Federal Register: November 20, 2002 (Volume 67, Number 224)]
[Rules and Regulations]
[Page 70018-70023]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no02-15]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 011231309-2090-03; I.D. 111302A]
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Annual Specifications and Management
Measures; Trip Limit Adjustments; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason trip limit adjustments and correction; request for
comments.
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SUMMARY: NMFS announces trip limit changes in the Pacific Coast
groundfish fisheries for flatfish sub-limits in the exempted trawl
fishery for California halibut and trip limit corrections for minor
nearshore and widow rockfish in the limited entry trawl fisheries.
These actions, which are authorized by the Pacific Coast Groundfish
Fishery Management Plan (FMP), will allow fisheries access to healthy
groundfish stocks while protecting overfished and depleted stocks.
DATES: Effective 0001 hours local time November 20, 2002 until the 2003
annual specifications and management measures are effective, unless
modified, superseded, or rescinded through a publication in the Federal
Register.
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 (Northwest Region,
NMFS), phone: 206-526-6140; fax: 206-526-6736; and e-mail:
carrie.nordeen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is available on the Government
Printing Office's Web site at:http://www.access.gpo.gov/su--docs/ca/
docs/aces/aces140.html. Background information and documents are
available at the NMFS Northwest Region Web site at: http://
www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and at the Pacific Fishery
Management Council's Web site 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 current fishing year (January 1-December 31, 2002) were
initially published in the Federal Register as an emergency rule for
January 1-February 28, 2002 (67 FR 1540, January 11, 2002), as a
proposed rule for all of 2002 (67 FR 1555, January 11, 2002), and as a
final rule effective March 1, 2002 (67 FR 10490, March 7, 2002). The
final rule was subsequently amended at 67 FR 15338, April 1, 2002; at
67 FR 18117, April 15, 2002; at 67 FR 30604, May 7, 2002; at 67 FR
40870, June 14, 2002; at 67 FR 44778, July 5, 2002; at 67 FR 48571,
July 25, 2002; at 67 FR 50835, August 6, 2002; at 67 FR 55166, August
28, 2000; at 67 FR 56497, September 4, 2002; at 67 FR 57973, September
13, 2002; at 67 FR 62204, October 4, 2002; at 67 FR 62401, October 7,
2002; and at 67 FR 64826, October 22, 2002.
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 October 29-November 1, 2002, 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 to avoid exceeding the 2002 optimum yields (OYs) and
allocations.
Limited Entry Trawl Small Footrope Limits for Nearshore Rockfish and
Widow Rockfish North of 40[deg]10' N. lat.
On September 10, 2002, NMFS implemented an emergency rule to
establish new depth-based management measures in the Pacific Coast
groundfish fishery north of 40[deg]10' N. lat. for September-December
2002 (67 FR 57973, September 13, 2002). This emergency rule created the
Darkblotched Rockfish Conservation Area (DBCA) to protect darkblotched
rockfish, an overfished species, and re-opened areas outside the DBCA
to limited entry trawl harvest of healthy groundfish stocks that
otherwise would have been foregone to protect
[[Page 70019]]
darkblotched rockfish. Fishing with limited entry trawl large footrope
gear has been permitted seaward of the DBCA September-December and
fishing with limited entry small footrope gear has been permitted
shoreward of the DBCA during October-December.
When setting rockfish incidental catch allowance recommendations
for the area shoreward of the DBCA in October's inseason action (67 FR
62401, October 7, 2002), the Pacific Council overlooked allowances for
nearshore rockfish and widow rockfish. After discussing this issue at
its October/November meeting, instead of prohibiting retention of
nearshore and widow rockfish, the Pacific Council recommended limited
entry trawl small footrope limits of 300 lb (136 kg) per month for
nearshore rockfish and 500 lb (227 kg) per month for widow rockfish for
the November-December cumulative period north of 40[deg]10' N. lat.
These incidental catch allowances will decrease the discard of rockfish
incidentally taken with nearshore flatfish species, but are not
expected to cause the 2002 OYs for any rockfish species or species
group to be exceeded.
Exempted California Trawl Sub-limit for Flatfish South of 40[deg]10' N.
lat.
Another incidental catch allowance issue brought to the Pacific
Council's attention at their October/November meeting was that of
groundfish retention in the exempted trawl fishery for California
halibut. Since July 1, 2002 (67 FR 44778), all groundfish retention
with exempted trawl gear south of 40[deg]10' N. lat. has been
prohibited to protect bocaccio. In addition to slowing the catch of
bocaccio, prohibiting the retention of all groundfish species taken
with exempted trawl gear has resulted in the discard of small amounts
of valuable flatfish species in the trawl fishery for California
halibut. Because flatfish species are taken incidentally with
California halibut at depths shallower than where bocaccio are
typically found (less than 40 fm (73 m)), an incidental catch allowance
for nearshore flatfish is not expected to result in additional catch of
bocaccio rockfish. Therefore, the Pacific Council recommended a
California halibut exempted trawl flatfish sub-limit of up to 100 lb
(45 kg) per day, provided that flatfish are landed with at least one
California halibut, and an exempted trawl flatfish limit of between 100
lb (45 kg) and 300 lb (136 kg) per day, not to exceed 3,000 lb (1,361
kg) per month, provided the amount of flatfish landed does not exceed
the amount of California halibut landed. Because of the small size of
this incidental catch allowance and the variability of California
halibut catch rates, the Pacific Council recommended suspension of the
previous requirement that groundfish poundage not exceed non-groundfish
poundage for flatfish landings of less than 100 lb (45 kg). These low
incidental catch allowances are not expected to result in an effort
shift whereby vessels would be targeting flatfish.
NMFS Actions
For the reasons stated herein, NMFS concurred with the Pacific
Council's recommendations and hereby announces the following changes to
the 2002 specifications and management measures:
1. On page 10517 in the March 7, 2002, issue of the Federal
Register, in section IV., under B. Limited Entry Fishery, at the end of
paragraph (1), Table 3 is revised to read as follows:
BILLING CODE 3510-22-S
[[Page 70020]]
IV. NMFS Actions
B. Limited Entry Fishery
(1) * * *
[GRAPHIC] [TIFF OMITTED] TR20NO02.000
[[Page 70021]]
[GRAPHIC] [TIFF OMITTED] TR20NO02.001
* * * * *
2. On page 10520 in the same issue, in section IV., under C. Trip
Limits in the Open Access Fishery, at the end of paragraph (1), Table 5
is revised to read as follows:
[[Page 70022]]
IV. NMFS Actions
C. Trip Limits in the Open Access Fishery
(1) * * *
[GRAPHIC] [TIFF OMITTED] TR20NO02.002
BILLING CODE 3510-22-C
[[Page 70023]]
* * * * *
3. On page 10521, in column 1, section IV., under C. Trip Limits in
the Open Access Fishery, paragraph (2)(a) is revised to read as
follows:
(a) Trip limits. (i) North of 40[deg]10' N. lat. The trip limit is
300 lb (136 kg) of groundfish per fishing trip. Limits in Table 5 also
apply and are counted toward the 300 lb (136 kg) groundfish limit. In
any landing by a vessel engaged in fishing for spot prawns with
exempted trawl gear, the amount of groundfish landed may not exceed the
amount of the target species landed. The daily trip limits for
sablefish may not be multiplied by the number of days of the fishing
trip.
(ii) South of 40[deg]10' N. lat. ``It is prohibited to take and
retain, possess, or land any groundfish species with exempted trawl
gear with the following exceptions: vessels participating in the
California halibut fishery south of 38[deg]57'30'' N. lat. are allowed
to land up to 100 lb (45 kg) of flatfish per day, provided that
flatfish are landed with at least one California halibut, and vessels
participating in the California halibut fishery south of 38[deg]57'30''
N. lat. are allowed to land between 100 lb (45 kg) and 300 lb (136 kg)
of flatfish per day, not to exceed 3,000 lb (1,361 kg) per month
provided that the amount of flatfish landed does not exceed the amount
of California halibut landed.''
* * * * *
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 trip limit
adjustments are for the November-December cumulative trip limit period
and affording prior notice and opportunity for public comment would not
allow fishers to take advantage of this harvest opportunity. This would
impede the agency's function of managing fisheries to approach without
exceeding the OY for federally managed species. The AA is also waiving
the 30-day delay in effectiveness requirement under 5 U.S.C. 553(d)(1)
because this rule relieves a restriction. Delaying implementation of
these trip limit adjustments may cause unnecessary hardship among the
West Coast groundfish fleets. In 2002, the West coast groundfish fleet
has suffered severe cutbacks in season lengths, areas, and species
available to be fished in an effort by the Pacific Council to primarily
protect darkblotched and bocaccio rockfish, both overfished species.
Both of the trip limit adjustments in this document are increases from
the status quo. Increases to trip limits for healthy stocks must be
implemented in a timely manner to alleviate some of the economic and
social burden fishermen and fishing communities have to bear to protect
overfished and depleted groundfish species. Delaying implementation of
these trip limit adjustments would restrict fishermen to the reduced
trip limits put in place by the July and October inseason actions.
These actions are taken under the authority of 50 CFR 660.323(b)(1)
and are exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et. seq.
Dated: November 14, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-29510 Filed 11-19-02; 8:45 am]
BILLING CODE 3510-22-S