Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 419

subject to the Federal Transit

Administration’s (FTA) drug and

alcohol rules.

EFFECTIVE DATE: January 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Judy Meade, Director of the Office of

Safety and Security (202) 366–2896

(telephone) and (202) 366–7951 (fax).

Electronic access to this and other

documents concerning FTA’s drug and

alcohol testing rules may be obtained

through FTA’s Transit Safety and

Security Bulletin Board at 1–800–231–

2061 or through the FTA World Wide

Web home page at http://

www.fta.dot.gov; both services are

available seven days a week.

SUPPLEMENTARY INFORMATION: The

Federal Transit Administration (FTA)

required large transit employers to begin

drug and alcohol testing ‘‘safetysensitive’’ employees on January 1,

1995, and to report, annually by March

15 of each year beginning in 1996, the

number of ‘‘safety-sensitive’’ employees

who had a verified positive for the use

of prohibited drugs, and the number of

safety-sensitive employees who tested

positive for the misuse of alcohol. Small

employers started testing their ‘‘safetysensitive’’ employees on January 1,

1996, and began reporting the same

information as the large employers

beginning on March 15, 1997.

Employers are required annually to

submit other data, not relevant here, in

the same report; these data are available

from the FTA as discussed below.

The rules established a random

testing rate for prohibited drugs and the

misuse of alcohol; specifically, the rules

require that employers conduct random

drug tests at a rate equivalent to at least

50 percent of their total number of

safety-sensitive employees for

prohibited drug use and at least 25

percent for the misuse of alcohol. The

rules provide that the drug random

testing rate may be lowered to 25

percent if the ‘‘positive rate’’ for the

entire transit industry is less than one

percent for two consecutive years. Once

lowered, it may be raised to 50 percent

if the positive rate equals or exceeds one

percent for any one year. (‘‘Positive

rate’’ means the number of positive

results for random drug tests conducted

under part 653 plus the number of

refusals of random tests required by part

653, divided by the total number of

random drug tests, plus the number of

refusals of random tests required by part

653.)

Likewise, the alcohol rule provides

that the random rate may be lowered to

10 percent if the ‘‘violation rate’’ for the

entire transit industry is less than .5

percent for two consecutive years. It

will remain at 25 percent if the

‘‘violation rate’’ is equal to or greater

than .5 percent but less than one

percent, and it will be raised to 50

percent if the ‘‘violation rate’’ is one

percent or greater for any one year.

(‘‘Violation rate’’ means the number of

covered employees found during

random tests given under part 654 to

have an alcohol concentration of .04 or

greater, plus the number of employees

who refuse a random test required by

part 654, divided by the total reported

number of random alcohol tests

conducted under part 654, plus the total

number of refusals of random tests,

required by part 654.)

FTA has received and analyzed the

1996 data from large and small transit

employers. The ‘‘positive rate’’ for

random drug tests was 1.5 percent and

the ‘‘violation rate’’ for random alcohol

tests was 0.21 percent; therefore, for

1998, transit employers will continue to

be required to conduct random drug

tests at a rate equivalent to at least 50

percent of the total number of their

‘‘safety-sensitive’’ employees for

prohibited drugs. Because the random

alcohol violation rate was lower than .5

percent for two consecutive years (0.24

percent for 1995 and 0.21 percent for

1996), the random alcohol testing rate

will lowered to 10 percent for 1998.

FTA will be publishing in December

a detailed report on the 1996 data

collected from large and small

employers. This report may be obtained

from the Office of Safety and Security,

Federal Transit Administration, 400

Seventh Street, SW, Room 9301,

Washington, DC 20590, (202) 366–2896.

Issued: December 31, 1997.

Gordon J. Linton,

Administrator.

[FR Doc. 98–217 Filed 1–5–98; 8:45 am]

BILLING CODE 4910–57–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 971229312–7312–01; I.D.

12167C]

Magnuson Act Provisions; Foreign

Fishing; Fisheries off West Coast

States and in the Western Pacific;

Pacific Coast Groundfish Fishery;

Annual Specifications and

Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: 1998 groundfish fishery

specifications and management

measures; tribal whiting allocation;

announcement of exempted fishing

permits; request for comments.

SUMMARY: NMFS announces the 1998

fishery specifications and management

measures for groundfish taken in the

U.S. exclusive economic zone (EEZ) and

state waters off the coasts of

Washington, Oregon, and California, as

authorized by the Pacific Coast

Groundfish Fishery Management Plan

(FMP). The specifications include the

levels of the acceptable biological catch

(ABC) and harvest guidelines (HGs),

including the distribution between

domestic and foreign fishing operations.

The HGs are allocated between the

limited entry and open access fisheries.

The management measures for 1998 are

designed to keep landings within the

HGs, for those species for which there

are HGs, and to achieve the goals and

objectives of the FMP and its

implementing regulations. The intended

effect of these actions is to establish

allowable harvest levels of Pacific Coast

groundfish and to implement

management measures designed to

achieve but not exceed those harvest

levels, while extending fishing and

processing opportunities as long as

possible during the year. This action

also announces the approval of

applications to renew two exempted

fishing permits (EFPs)in 1998.

DATES: Effective 0001 hours (local time)

January 1, 1998, until the 1999 annual

specifications and management

measures are effective, unless modified,

superseded, or rescinded. The 1999

annual specifications and management

measures will be published in the

Federal Register. Comments on the

1998 annual specifications and

management measures, tribal whiting

allocation, and EFPs will be accepted

until February 5, 1998.

ADDRESSES: Comments on these

specifications and management

measures, tribal whiting allocation, and

EFPs should be sent to Mr. William

Stelle, Jr., Administrator, Northwest

Region (Regional Administrator),

National Marine Fisheries Service, 7600

Sand Point Way N.E., BIN C15700, Bldg.

1, Seattle, WA 98115–0070; or Mr.

William Hogarth, Acting Administrator,

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213. Information relevant to

these specifications and management

measures, including an environmental

assessment (EA) and the stock
420 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

assessment and fishery evaluation

(SAFE) report, has been compiled in

aggregate form and is available for

public review during business hours at

the office of the Regional NMFS

(Regional Administrator), or may be

obtained from the Pacific Fishery

Management Council (Council), by

writing to the Council at 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson (Northwest Region,

NMFS) 206–526–6140; or Svein Fougner

(Southwest Region, NMFS) 562–980–

4034.

SUPPLEMENTARY INFORMATION: The FMP

requires that fishery specifications for

groundfish be evaluated each calendar

year, that HGs or quotas be specified for

species or species groups in need of

additional protection, and that

management measures designed to

achieve the HGs or quotas be published

in the Federal Register and made

effective by January 1, the beginning of

the fishing year. This action announces

and makes effective the final 1998

fishery specifications and the

management measures designed to

achieve them. These specifications and

measures were considered by the

Council at two meetings and were

recommended to NMFS by the Council

at its November 1997 meeting in

Portland, OR.

I. Final Specifications

The fishery specifications include

ABCs, the designation of HGs or quotas

for species that need individual

management, the apportionment of the

HGs or quotas between domestic and

foreign fisheries, and allocation between

the open access and limited entry

segments of the domestic fishery. As in

the past, the specifications include fish

caught in state ocean water (0–3

nautical miles (nm) offshore) as well as

fish caught in the EEZ (3–200 nm

offshore). Only changes to the

specifications between 1997 and 1998

are discussed herein, otherwise they are

the same as announced in 1997 (62 FR

700, January 6, 1997).

BILLING CODE 3510–22–P
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 421
422 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations
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424 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 425
426 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 427
428 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations
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BILLING CODE 3510–22–C
430 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

Changes to the ABCs and HGs

The ABCs, which are based on the

best available scientific information,

represent the total catch, including

amounts that are discarded as well as

retained. Stock assessment information

considered in determining the ABCs is

available from the Council and was

made available to the public before the

Council’s November 1997 meeting in

the Council’s SAFE document (see

ADDRESSES). Additional information is

found in the EA prepared by the council

for this action, the footnotes to Table 1,

the SAFE document for the 1998

specifications, and documents available

at the November 1997 Council meeting.

ABCs

The ABCs are changed from 1997 to

1998 as follows: lingcod (from 2,400 mt

to 960 mt, excluding Canadian waters),

sablefish (from 8,700 mt to 5,200 north

of 36° N. lat., with no change to the 425

mt ABC south of 36° N. lat.), Dover sole

(from a range of 10,880–12,830 mt to

9,426 mt coastwide), widow rockfish

(from 7,700 mt to 5,740 mt), longspine

thornyheads (from 7,000 mt north of Pt.

Conception to 4,102 mt in the smaller

area north of 36°N. lat.), the Sebastes

complex (from 7,130 mt to 8,647 mt in

the Vancouver-Columbia area, and from

9,664 mt to 8,999 mt in the EurekaMonterey-Conception area), bocaccio

(from 265 mt to 230 mt in the EurekaMonterey-Conception Area), canary

rockfish (from 1,200 mt to 1,045 mt),

chilipepper (from 4,000 mt to 3,400 mt

in the Eureka-Monterey-Conception

area), yellowtail rockfish (from 1,773 mt

to 3,465 mt in the Vancouver-Columbia

area, excluding Canadian waters, and

from 259 mt to 229 mt in the EurekaMonterey-Conception area), and for

‘‘remaining rockfish’’ (from 1,431 mt to

1,401 mt, reflecting the change to

yellowtail rockfish, in the EurekaMonterey-Conception area). The

Sebastes complex consists of all

rockfish managed by the FMP except

Pacific ocean perch (POP), widow

rockfish, shortbelly rockfish, and

thornyheads. The whiting ABC is

changed only to reflect the amount in

U.S. waters rather than the amount for

the United States and Canada combined.

The sablefish ABC deserves

additional discussion as the Council

departed from the values recommended

by its scientific and industry advisory

bodies. In 1997, the assessment model

was modified to include, for the first

time, an index of abundance from

fishery logbook data and to closely

examine the slope trawl survey data, per

the recommendations of an external

review panel. Assessment results ranged

from a biomass of 40,000 mt with an

ABC of 2,500 mt if all survey and

logbook indexes are included, to a

biomass of 117,000 mt with an ABC of

7,300 mt if the pot survey and slope

trawl survey data are excluded. The

stock assessment review (STAR) panel

commissioned by the Council’s

Scientific and Statistical Committee

(SSC) to provide a technical review of

the assessment ‘‘endorses the model

using both pot and slope surveys as

being preferable to a sablefish model

that excludes both of these sources of

information,’’ but also includes strong

reservations regarding use of the early

slope trawl data. The Council’s

Groundfish Management Team (GMT)

accepted the STAR panel report and

recommended an ABC of 2,500 to 3,400

mt. The NMFS assessment document

identifies potential weaknesses and

biases with each of the indices, but it

was not possible for either the

assessment document or the report of

the STAR panel to quantity fully the

uncertainty in the assessment results.

With the STAR panel’s rejection of the

7,300-mt scenario, the Council was

faced with only the most conservative

possible recommendation, and had no

information on the degree to which

intermediate options may be sufficiently

conservative.

The Council’s recommended ABC of

5,200 mt was based on a model scenario

that discounted the 1988 slope survey

observation and on the entire pot survey

that had been discounted in previous

years. The 1988 survey results were

unusually high and not consistent with

the slow decline observed in subsequent

surveys. The results represents

continuation of the Council’s historical

approach, which is to set a compromise

harvest level for sablefish until greater

assessment certainty can be achieved. A

greater reduction would have

established the 1998 harvest at a level

that has been exceeded every year since

1972 and would have caused severe and

unexpected economic dislocation.

However, the Council’s

recommendation is not strictly

precautionary, nor is it in accord with

the technical process designed to

produce and review stock assessments

in 1997. The model scenario used by the

Council was not endorsed by either the

STAR panel or the GMT. It was

presented as background material to the

GMT to assist in understanding the

uncertainty in the assessment results. It

can be accepted and approved as a

significant step towards a more

precautionary approach to sablefish

management for 1 year, while NMFS

works to improve the assessment

information for the longer term.

NMFS concurs with the Councils’

recommendation that the assessment

should be updated in 1998 to include

new data. Exceeding a more

precautionary harvest level in 1998 will

slightly increase the current decline in

sablefish abundance, but a 1-year

harvest of 5,200 mt would not exceed

the currently defined F20% overfishing

level unless the current biomass is

actually at the most conservative

estimate of approximately 40,000 mt

reported in the SAFE Decision Table for

model scenario 1. A catch of 5,200 mt

is not overfishing for any of the other

model scenarios considered. (F20%

means a fishing mortality rate that

would, in the long-term, reduce the

spawning biomass per recruit to 20

percent of what it would have been if

the stock had never been exploited.)

The ABC for shortspine thornyheads

remains the same as in 1997, but was

also the subject of much discussion at

the November 1997 Council meeting. In

1997, a new stock assessment was

prepared for shortspine thornyheads

and reviewed by the STAR panel. The

STAR panel concluded that the

assessment was the best that could be

done with the stock synthesis approach.

However, the new assessment was

unable to sufficiently narrow the range

of plausible ABC estimates. After the

STAR panel had disbanded, the

Council’s GMT requested additional

guidance, which was provided by three

of the file original STAR panel members

and an industry representative to the

panel. This ‘‘reduced’’ STAR panel

recommended a simpler analysis,

consisting of a biomass estimated from

the most recent slope surveys and using

the F=M (fishing mortality equals

natural mortality) model. This model

requires many fewer assumptions and is

based on direct measurement of stock

abundance, although with some

uncertainty in the catchability

coefficient of trawl gear. This model has

a documented basis and history of use;

it was used extensively in the early

1980’s when other data were not

available to conduct a more rigorous

assessment. Even with the ‘‘reduced’’

STAR panel’s consensus regarding the

model to be used, there are major

concerns with the data, as it is very

limited and is a major factor in the

uncertainties arising from the

assessment. Given these uncertainties,

the Council recommended maintaining

the ABC at its current level of 1,000 mt.

HGs

Those species or species groups

managed with HGs in 1997 will
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 431

continue to be managed with HGs in

1998. However, some of the areas

managed with HGs have changed. The

sablefish ABC of 425 mt south of 36° N.

lat. (the Monterey-Conception border) is

set as an HG to be able to respond

inseason to potential effort shifts into

that area; separate HGs for longspine

and shortspine thornyheads are set

north of 36° N. lat. and from 36° N. lat.

to Pt. Conception (34° 27′ N. lat.),

whereas in 1997 the single HG for each

thornyhead species extended to Pt.

Conception; and the separate HG for

Dover sole in the Columbia area is

removed. The HGs are changed from

1997 to 1998, as follows: lingcod (from

2,400 mt to 838 mt, excluding Canadian

waters), sablefish (from 7,800 mt to

4,680 mt north of 36° N. lat.), Dover sole

(from 11,050 mt, of which 2,850 mt was

in the Columbia area, to 8,955 mt

coastwide), POP (from 750 mt and 650

mt), widow rockfish (from 6,500 mt to

4,276 mt), shortspine thornyheads (from

1,380 mt north of Pt. Conception to

1,082 mt north of 26° N. lat. and 113 mt

from 36° N. lat to Pt. Conception),

longspine thornyheads (from 6,000 mt

north of PT. Conception to 3,733 mt

north of 36° N. lat. and 390 mt for 36°

N. lat. to Pt. Conception), the Sebastes

complex (from 6,656 mt to 7,057 mt in

the Vancouver-Columbia area, and from

9,284 to 8,439 mt in the EurekaMonterey-Conception area), bocaccio

(from 387 mt to 230 mt in the EurekaMonterey-Conception area), canary

rockfish (from 1,000 mt to 1,045 mt in

the Vancouver-Columbia area), and

yellowtail rockfish (from 2,762 mt to

3,118 mt in the Vancouver-Columbia

area).

The Council’s recommended HG for

shortspine thornyheads has been

changed to correct an arithmetic error,

and conforms with the Council’s intent

to keep harvest of shortspine

thornyheads below the overfishing

threshold. This is explained in the next

section regarding setting HGs above

ABC.

Stock assessments and inseason catch

monitoring are designed to account for

all fishing mortality, including that

resulting from fish discarded at sea.

Discards of rockfish and sablefish in the

fishery for whiting are well monitored

and are accounted for inseason as they

occur. In the other fisheries, discards

caused by trip limits have not been

monitored consistently, so discard

estimates have been developed to

account for this extra catch. A discard

level of about 16 percent of the total

catch, previously measured for widow

rockfish in a scientific study, is assumed

to be appropriate for the commercial

fisheries for widow rockfish, yellowtail

rockfish, canary rockfish, and POP. A

discard estimate of 9 percent is used for

longspine thornyheads, 30 percent for

shortspine thornyheads, 5 percent for

Dover sole, and 10 percent for sablefish.

In some cases (e.g., sablefish, widow

rockfish, thornyheads, Dover sole), an

estimated amount of discards has been

subtracted from the ABC to determine

the HG for the landed catch. In other

cases (e.g., whiting, Sebastes complex,

lingcod), a HG representing total catch

is more appropriate. Discards in the

whiting fishery have been well

documented and, therefore, the HG for

whiting represents total catch, and

discards are accounted for during the

season. In 1997, the HG for the Sebastes

complex and its components was

changed from landed to total catch for

greater management flexibility during

the season; estimates of discards are

added to the landings during the season

as data become available.

Setting HGs Greater than ABC

In most cases, HGs are less than or

equal to the ABCs. However, the

Council recommended HGs that exceed

the ABCs for POP and shortspine

thornyheads, as in 1996 and 1997. The

FMP requires that the Council consider

certain factors when setting and HG

above an ABC. These factors were

analyzed by the Council’s GMT and are

summarized in the Council’s EA for the

1998 specifications.

Both species are caught in association

with other species, and, although they

can be targeted on to some degree, they

also are caught unavoidably while

fishing for other species in a mixedstock complex. The Council believes

that requiring closure, or severe

cutbacks, of the fishery for the entire

complex (the Sebastes fishery for POP,

and the DTS complex for shortspine

thornyheads) in order to protect these

two stocks would not provide the

overall maximum benefit to the Nation.

POP

POP was depleted off Washington,

Oregon, and California by foreign

fishing during the 1960’s and early

1970’s. In 1981, a rebuilding program

was established for POP in the

Vancouver and Columbia areas. POP are

not common in the more southern areas.

POP are part of multi-species groundfish

catches and cannot be completely

avoided when harvesting other

groundfish species. POP are taken as

bycatch in fisheries for other rockfish,

arrowtooth flounder, and Dover sole.

The ABC for POP has been set at ‘‘zero’’

for many years. Each year, however, a

low level of landings has been allowed

to avoid the waste of fish that would

otherwise be discarded. The annual HGs

are intended only to accommodate the

catch of fish that would be discarded,

and are not intended to encourage

targeting. Even if retention of POP were

prohibited, it would not substantially

reduce fishing mortality because POP

are caught in small amounts in other

fisheries, particularly in fisheries for

other rockfish species. The stock is

estimated to be at about 50 percent of

its maximum sustainable yield (MSY)

level, and recent harvests have been

near the overfishing threshold. Because

strong year classes, which are necessary

to rebuild the stock, occur infrequently,

the lack of rebuilding to date is not

unexpected. The Council has

recommended annual trip limits that are

intended to discourage targeting while

allowing unavoidable incidental catches

to be landed. Consequently, the HG

exceeds the ‘‘zero’’ ABC.

The HG of 650 mt for POP is not

intended to be a target but rather is

intended to accommodate incidental

catches that would otherwise be taken

while fishing for other species and

discarded. As in past years, trip limits

will not be relaxed to enable the HG to

be reached.

Shortspine Thornyheads

Shortspine thornyheads are part of the

mutispecies DTC complex (consisting of

Dover sole, shortspine and longspine

thornyheads, and trawl-caught

sablefish). In 1997, the HG for

shortspine thornyheads was reduced to

1,380 mt to be consistent with the

policy of using a landed-catch HG. The

total catch associated with the 1997 HG

was expected to be about 1,500 mt, of

which 120 mt (8 percent) was estimated

to be discarded. Therefore, the total

catch expected to occur in 1997 was 500

mt higher than the 1,000-mt ABC, but

well below the overfishing threshold of

1,757 mt. The HG was set above ABC in

1996–97 largely because of the

uncertainty in the stock assessment. The

HG was intended to result in catch at a

level similar to the ABC level that

would result from various stock

assessment scenarios with higher levels

of natural mortality or lower levels of

survey catchability. Shortspine

thornyheads are unavoidable in a

number of fishing strategies, as

discussed later. Retention above ABC

was allowed to reduce discards of

unavoidably caught thornyheads and to

realize the benefits of harvesting the

other species in the complex.

In 1998, the Council again

recommended setting the HG above

ABC to allow harvest of the more

abundant species in the complex and to

reduce discard of shortspine
432 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

thornyheads. The Council adopted one

major change, however, that would

affect the HG for landed catch and the

estimate of total catch associated with

that HG: The estimated discard rate in

the fishery was increased from 8 percent

to 30 percent. The Council thought their

1998 recommendation was slightly more

conservative than the status quo: An

ABC of 1,000 mt, and a landed catch HG

of 1,300 mt (divided into 1,177 mt north

of 36° N. lat. and 123 mt for the

Conception area north of Pt.

Conception; 80 mt lower than in 1997).

The Council clearly stated its intent to

keep catch below the overfishing level

(1,757 mt at F20%). However, after the

Council meeting, it was discovered that

the wrong assumptions had been used

in calculating the recommended HG,

and that, although landings of 1,300 mt

would not have resulted in overfishing

based on the assumptions used in 1997,

it would in 1998, due to the new

estimate that 30 percent of the total

catch is discarded, rather than 8

percent. In short, the total catch of 1,857

mt associated with the 1,300 mt landed

catch HG recommended by the Council

for 1998 would exceed the overfishing

level in the current FMP by 100 mt,

rather than being 50 mt below, as the

Council had expected.

NMFS, Northwest Region, consulted

with the Council Chairman and

Executive Director, and the states of

Washington, Oregon, and California to

confirm the Council’s intent to stay

below the current overfishing level for

shortspine thornyheads—all agreed.

Therefore, the 1998 landed catch HG for

shortspine thornyheads is set at 1,195

mt, which would result in total catch of

1,707 mt (prorated to 1,082 mt north of

36° N. lat. and 113 mt for the

Conception area north of Pt.

Conception), 50 mt below the 1,757-mt

overfishing level. It should be noted that

the same uncertainty that involves the

data and estimates of ABC also applies

to the estimated overfishing level.

Generally, the species in this complex

are caught together as fishers target the

entire DTS complex. In examining

1995–97 landings greater than 3,000 lb

that are more than 95 percent DTS: 7–

9 percent are shortspine thornyheads,

30–35 percent are longspine

thornyheads, 16–19 percent are

sablefish, and 40–44 percent are Dover

sole (section 2.1.1 of the EA). These

ratios are heavily influenced by the trip

limits and other management measures

in effect. The nearshore rockfish fishery

also can have significant bycatch of

shortspine thornyheads, Dover sole, and

sablefish. The nearshore flatfish fishery

consisting largely of petrale sole,

sanddabs, and rex sole also encounters

bycatch of the DTS species, although

they can be avoided in certain areas.

There also are nearshore Dover sole and

sablefish target fisheries in which it is

difficult to avoid shortspine

thornyheads. Each ex-vessel dollar of

shortspine thornyhead revenue in the

DTS complex is associated with $7.82 of

other DTS species (section 2.2.1 of the

EA). Clearly, shortspine thornyheads

make up a small proportion of a much

larger and more valuable multispecies

complex. Prohibiting retention of

shortspine thornyheads does not

prevent their harvest in the DTS

complex. The value of the fishery for the

entire complex justifies fishing

shortspine thornyheads above the ABC

because more harvest cannot be avoided

without drastic reductions in the catch

of the overall DTS complex as well as

other trawl fisheries.

Foreign and Joint Venture Fisheries

For those species that will not be fully

utilized by domestic processors or

harvesters, and that can be caught

without severely affecting species that

are fully utilized by domestic processors

or harvesters, foreign or joint venture

operations may occur. A joint venture

occurs when U.S. vessels deliver their

catch to foreign processing vessels in

the EEZ. A portion of the HGs or quotas

for these species may be apportioned to

domestic annual harvest (DAH), which

in turn may be apportioned between

domestic annual processing (DAP) and

joint venture processing (JVP). The

portion of a HG or quota not

apportioned to DAH may be set aside as

the total allowable level of foreign

fishing (TALFF). In January 1998, no

surplus groundfish are available for

joint venture or foreign fishing

operations. Consequently, all the HGs in

1998 are designed entirely for DAH and

DAP (which are the same in this case);

JVP and TALFF are set at zero.

II. The Limited Entry Program

The FMP established a limited entry

program that, on January 1, 1994,

divided the commercial groundfish

fishery into two components: The

limited entry fishery and the open

access fishery, each of which has its

own allocations and management

measures. The limited entry and open

access allocations are calculated

according to a formula specified in the

FMP, which takes into account the

relative amounts of a species taken by

each component of the fishery during

the 1984–88 limited entry window

period. At its November 1997 meeting,

the Council recommended no new

species and areas to be allocated

between open access and limited entry

fisheries in 1998, and the Regional

Administrator calculated the amounts of

the allocations that are presented in

Table 1. Unless otherwise specified, the

limited entry and open access

allocations are treated as HGs in 1998.

Open Access Allocations

The open access fishery is composed

of vessels that operate under the HGs,

quotas, and other management measures

governing the open access fishery, using

(1) exempt gear, or (2) longline or pot

(trap) gear fished from vessels that do

not have permits endorsed for use of

that gear. Exempt gear means all types

of legal groundfish fishing gear except

groundfish trawl, longline, and pots.

(Exempt gear includes trawls used to

harvest pink shrimp or spot or ridgeback

prawns (shrimp trawls), and, south of

Point Arena, CA (38°57′30′′ N. lat.),

California halibut or sea cucumbers.)

The open access allocation is derived

by applying the open access allocation

percentage to the HG, or if there is a setaside for recreational or tribal fishing,

this is first deducted and the percentage

is applied to the commercial HG. (The

commercial HG or quota is the annual

HG or quota after subtracting any setasides for recreational or tribal fishing.)

For those species in which the open

access share would have been less than

1 percent, no open access allocation is

specified unless significant open access

effort is expected.

Limited Entry Allocations

The limited entry fishery means the

fishery composed of vessels using

limited entry gear fished pursuant to the

HGs, quotas, and other management

measures governing the limited entry

fishery. Limited entry gear means

longline, pot, or groundfish trawl gear

used under the authority of a valid

limited entry permit issued under the

FMP, affixed with an endorsement for

that gear. (Groundfish trawl gear

excludes shrimp trawls used to harvest

pink shrimp, spot prawns, or ridgeback

prawns, and other trawls used to fish for

California halibut or sea cucumbers

south of Point Area, CA.) Beginning in

1997, a sablefish endorsement also is

required to operate in the limited entry

regular or mop-up seasons for sablefish.

The limited entry allocation is the

allowable catch (HG or quota) reduced

by: (1) Set-asides, if any, for treaty

Indian fisheries or recreational fisheries

(which results in the commercial HG or

quota); and (2) the open access

allocation. Allocations for Washington

coastal tribal fisheries are discussed in

paragraph V.
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 433

III. 1998 Management Measures

Projections of landings in 1997 are

based on the information available to

the Council at its November 1997

meeting (Supplemental GMT Report

B.6., November 1997), unless otherwise

noted.

Limited Entry Fishery

The management measures for vessels

operating in the 1998 limited entry

fishery are designed to keep landings

within the HGs or limited entry

allocations. Cumulative trip limits

continue to be used for most of the

limited entry fishery, which allows

fishers to accumulate fish over a period

of time without a limit on the number

of landings. Two-month cumulative

limits will continue to be used for most

of the limited entry fishery in 1998. As

in 1997, no more than 60 percent of a

2-month limit may be taken in either

calendar month, resulting in a variable

monthly trip limit within the 2-month

limit. This enables the limited entry

fleet to maintain its current monthly

fishing pattern, target on 50 percent of

the 2-month cumulative limit in a

month, and have the protection of a

buffer equivalent to 10 percent of the 2-

month cumulative limit to account for

inaccuracies in weighing fish at sea or

for small amounts caught above the

target level. Unless otherwise

announced later in the year, the 2-

month periods are: January–February,

March–April, May–June, July–August,

September–October, and November–

December. One-month periods may be

used later in the year.

[Note: NMFS has published a proposed

regulation in the Federal Register (62 FR

67610, December 29, 1997), with a request for

public comments, in which limited entry

permit transfers would take effect on the first

day of a major cumulative landings limit

period, which are the periods described in

this paragraph.]

Platooning

An optional platooning system was

initiated in 1997 which enables the

limited entry trawl fleet to provide a

more consistent supply of fish to

processors. Whereas the cumulative

limits normally begin on the first of a

month (this is the ‘‘A’’ platoon), a vessel

in the ‘‘B’’ platoon operates under limits

out of phase by 2 weeks, from the 16th

of a month to the 15th of a month. All

limited entry trawl vessels are

automatically in the ‘‘A’’ platoon, unless

the permit owner indicated in the

annual permit renewal that the

permitted vessel will participate in the

‘‘B’’ platoon. Vessels operating in the

‘‘B’’ platoon will not be able to land any

species of groundfish from January 1–

15, 1998. The effective date of changes

to the cumulative trip limits for the ‘‘B’’

platoon will occur on the 16th of the

month unless otherwise specified.

Special provisions will be made to

accommodate ‘‘B’’ vessels at the end of

the year so that the same amount of fish

is made available to both ‘‘A’’ and ‘‘B’’

vessels. For example, a vessel in the ‘‘B’’

platoon could have the same cumulative

trip limit for the final period as vessels

in the ‘‘A’’ platoon, but the final period

may be 2 weeks shorter, so that both the

‘‘A’’ and ‘‘B’’ fishing periods end on

December 31, 1998. Alternatively, if the

fishery is operating under 1-month

cumulative trip limits, the ‘‘B’’ platoon

may have 6 weeks to take the final two

cumulative limits. The choice of platoon

applies to the permit for the entire

calendar year, even if the permit is sold,

leased, or otherwise transferred. The

platoon system is experimental and may

not be continued in the future if the

Council decides the benefit does not

outweigh technical and administrative

burdens.

Open Access Fishery

The trip limits for the open access

fishery are designed to keep landings

within the open access allocation, while

allowing the fisheries to operate for as

long as possible during the year. The

overall open access limits for rockfish,

sablefish, and ‘‘all groundfish’’ in 1998

are the same as at the end of 1997, with

several exceptions: (1) 1998 limits for

bocaccio are set at half the 1997 levels;

(2) a new, open access trip limit is

added for lingcod of 1,000 lb (454 kg)

cumulative per 2-month period; and (3)

the cumulative trip limit is reduced to

600 lb (272 kg) per 2-month period for

sablefish taken under the daily trip limit

north of 36° N. lat. with open access net

or line gear (but not exempt trawl gear).

The lingcod and bocaccio (set/trammel

net) 2-month cumulative trip limits are

unusual because cumulative trip limits

in the open access fishery generally

apply to 1-month periods. Also, the 60-

percent monthly limits that apply

within the 2-month cumulative trip

limits for the limited entry fishery (see

paragraph IV.A.(1)(c)(i)) do not apply to

the open access fishery; the open access

cumulative limits for lingcod and

sablefish may be taken at any time

during the 2-month period.

The thornyhead fishery remains

closed to all open access gear north of

36° N. lat., and under a 50 lb (23 kg)

daily trip limit south of 36° N. lat.

The groundfish trip limit for

exempted trawl gear remains at 500 lb

(227 mt) (which for pink shrimp trawls

only may be multiplied by the number

of days in a trip), and includes the daily

trip limits for sablefish (300 lb (136 kg)

coastwide) and thornyheads (the same

as for the other open access gear, which

may not be multiplied by the number of

days in a trip.

As in past years, a vessel operating in

the open access fishery, besides being

constrained by specific open access

limits, must not exceed in any calendar

month 50 percent of any 2-month

cumulative trip limit for the same area

in the limited entry fishery, called the

‘‘50-percent monthly limit.’’ In some

cases, the 50-percent monthly limit is

larger than the open access limit, and so

is not an additional constraint. The

management measures in paragraph IV.

have been reorganized so that the 50-

percent monthly limits now appear in

one place with all other open access

limits.

Background and Council

Recommendations

The following discussions apply to

the limited entry fishery unless

otherwise stated.

Widow Rockfish

Limited Entry. In 1997, the limited

entry 2-month cumulative limit of

70,000 lb (31,742 kg) was in effect until

May 1, at which time it was reduced to

60,000 lb (27,216 kg), where it remained

to the end of the year. Landings were

projected to be 6,155 mt in 1997, 1

percent below the HG. The HG is

reduced substantially, from 6,500 mt in

1997 to 4,276 mt in 1998, and therefore

the 2-month cumulative trip limit also

is reduced substantially at the beginning

of 1998, to 25,000 lb (11,340 kg). Even

at this lower level, there is some

concern that further reductions may be

needed later in the year.

Open access. There is no open access

allocation specifically for widow

rockfish. Landings in the open access

fishery are constrained by the 50-

percent monthly limit, which applies

toward the open access limit for

rockfish.

The Sebastes Complex (Including

Yellowtail Rockfish, Canary Rockfish,

and Bocaccio)

Limited entry. On January 1, 1997 (62

FR 700, January 6, 1997), the limited

entry fishery for the Sebastes complex

was managed under a 2-month

cumulative trip limit of 30,000 lb

(13,608 kg) north of Cape Mendocino

(40°30′ N. lat.) and 150,000 lb (68,039

kg) south of Cape Mendocino. Within

these 2-month cumulative limits for the

Sebastes complex, no more than 6,000

lb (2,722 kg) could be yellowfish

rockfish north of Cape Mendocino, no

more than 12,000 lb (5,443 kg) could be
434 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

bocaccio south of Cape Mendocino, and

no more than 14,000 lb (6,350 kg) could

be canary rockfish coastwide. On May 1,

1997 (62 FR 24845, May 7, 1997), the 2-

month cumulative trip limit for

bocaccio was reduced to 10,000 lb

(4,536 kg), so that its HG would not be

exceeded. However, landings of

yellowtail rockfish and canary rockfish

were lower than expected, and on

October 1, 1997 (62 FR 51814, October

3, 1997), the 2-month cumulative trip

limits were converted to 1-month limits

and increased to 5,000 lb (2,268 kg) per

month for yellowtail rockfish and

10,000 lb (4,534 kg) per month for

canary rockfish. This increased the

Sebastes complex limits to 20,000 lb

(9,072 kg) per month north of Cape

Mendocino and 75,000 lb (34,020 kg)

per month south of Cape Mendocino.

Poor October weather and low limits

contributed to reduced effort in the

fishery, such that, at the Council’s

November 1997 meeting, landings were

projected to be 14 and 20 percent below

the HGs for canary and yellowtail

rockfish, respectively. On November 16,

1997 (62 FR 61700, November 19, 1997),

in the middle of a cumulative trip limit

period, the limits were increased for

these two species, resulting in increases

to the total Sebastes complex

cumulative limits as well. The

November and December 1997 1-month

cumulative trip limits for the Sebastes

complex were: 40,000 lb (18,144 kg)

north of Cape Mendocino and 80,000 lb

(36,287 kg) south of Cape Mendocino.

Within these 1-month cumulative

limits, no more than 20,000 lb (9,072 kg)

could be yellowtail rockfish north of

Cape Mendocino, no more than 5,000 lb

(2,268 kg) could be bocaccio south of

Cape Mendocino, and no more than

15,000 lb (6,804 kg) could be canary

rockfish coastwide.

The yellowtail rockfish HG increased

from 2,762 mt in 1997 to 3,118 mt in

1998, and the canary HG increased

slightly, from 1,000 mt in 1997 to 1,045

mt in 1998. The bocaccio HG declined,

from 387 mt to 230 mt. As a result, the

following changes to the management

measures are taken in January 1998,

compared to the level in January 1997.

The 2-month cumulative trip limit for

yellowtail rockfish (north of Cape

Mendocino) is increased from 6,000 lb

(2,711 kg) to 11,000 lb (4,990 kg), canary

rockfish is increased from 14,000 lb

(6,350 kg) to 15,000 lb (6,804 kg), and

bocaccio (south of Cape Mendocino) is

reduced from 12,000 lb (5,443 kg) to

2,000 lb (907 kg). The overall 2-month

cumulative trip limit for the Sebastes

complex north of Cape Mendocino is

increased from 30,000 lb (13,608 kg) to

40,000 lb (18,144 kg), but is larger than

the increases to the cumulative limits

for yellowtail and canary rockfish. If

landings of other Sebastes species

become too high, the trip limit for the

complex may be reduced later in the

year. South of Cape Mendocino, the

Sebastes complex 2-month cumulative

trip limit is the same as in January 1997,

at 150,000 lb (68,039 kg).

Open access. Landings in the open

access fishery of yellowtail, canary

rockfish, bocaccio, and the Sebastes

complex as a whole are constrained by

the 50-percent monthly limit, which

applies toward the open access limit for

rockfish. However, restrictions, some of

them new, are described below for the

open access bocaccio fishery.

Both yellowtail rockfish and bocaccio

are particularly difficult to manage

because of the number of gear types and

fishing strategies involved. A substantial

portion of the yellowtail HG is taken as

bycatch in the whiting and shrimp

fisheries. The at-sea processing sector of

the whiting fishery reduced its bycatch

of yellowtail rockfish approximately in

half in 1997 by fishing deeper and more

cautiously and using daily satellite

transmissions to alert fishers of areas of

high bycatch, as has been done to

monitor salmon bycatch since 1996.

Bycatch of rockfish in the shrimp and

prawn trawl fisheries was addressed in

1997 by reducing the groundfish trip

limits from a third to a half of their

former levels. Management of bocaccio

is further complicated by significant

recreational and open access harvest. In

1998, a new recreational bag limit (3

fish) is established for bocaccio off

California, and the open access 1-month

cumulative trip limits for bocaccio

south of Cape Mendocino are reduced

by half: for hook-and-line gear, from

2,000 lb (907 kg) in 1997 to 1,000 lb

(454 kg) in 1998; and for set and

trammel nets, from 4,000 lb (1,814 kg)

to 2,000 lb (907 kg), of which no more

than 250 lb (13 kg) may be taken per

trip. The set/trammel net limit is higher

than that which may be taken by the

limited entry fishery. This limit

maintains the historical proportions

landed by open access net and hookand-line gears while enabling the open

access allocation for bocaccio to be

achieved.

POP

Limited entry. The limited entry 2-

month cumulative trip limit for POP

remained the same throughout 1997, at

8,000 lb (3,629 kg) per 2-month period;

it has been at this level since July 1,

1996. Landings of POP in 1997 were

projected to be from 563 mt to over 600

mt, below its 750-mt HG. The 1998 HG

is set at 650 mt to accommodate

incidental catches without encouraging

a target fishery on POP; interceptions of

POP may increase as the HG for

yellowtail rockfish increases in 1998.

The 2-month cumulative trip limit

remains the same as in 1997, and also

is intended to accommodate only

unavoidable incidental catches. POP is

managed to achieve a rebuilding

schedule, so trip limits will not be

increased to achieve the HG.

Open access. Landings of POP in the

open access fishery are constrained by

the 50-percent monthly limit, which

counts toward the open access

cumulative limit for rockfish.

Sablefish. The sablefish HG is

subdivided among several fisheries. The

tribal fishery allocation is set aside prior

to dividing the balance of the HG

between the commercial limited entry

and open access fisheries. These three

fisheries are managed differently. The

limited entry allocation is further

subdivided into trawl (58 percent) and

nontrawl (42 percent) allocations.

Trawl-caught sablefish are managed

together with Dover sole and

thornyheads as the DTS complex

because they often are caught together.

DTS Complex (Dover Sole,

Thornyheads, and Trawl-Caught

Sablefish)

Limited entry. In January 1997 (62 FR

700, January 6, 1997), the 2-month

cumulative trip limit for the DTS

complex was 70,000 lb (31,752 kg) north

of Cape Mendocino and 100,000 lb

(45,359 kg) south of Cape Mendocino.

Within this 2-month cumulative limit,

no more than 38,000 lb (17,236 kg)

could be Dover sole north of Cape

Mendocino, and coastwide, no more

than 12,000 lb (5,443 kg) could be trawlcaught sablefish and no more than

20,000 lb (9,072 kg) could be

thornyheads. No more than 4,000 lb

(1,814 kg) of the thornyheads could be

shortspine thornyheads. Throughout the

year, no more than 500 lb (227 kg) per

trip could be sablefish smaller than 22

inches (56 cm).

On May 1, 1997 (62 FR 24845, May

7, 1997), the 2-month cumulative trip

limits were reduced for Dover sole north

of Cape Mendocino to 30,000 lb (13,608

kg), and for thornyheads coastwide to

15,000 lb (6,804 kg), of which only

3,000 lb (1,361 kg) could be shortspine

thornyheads. The 2-month cumulative

limit for the DTS complex north of Cape

Mendocino decreased by the same

amount, to 57,000 lb (25,855 kg), while

remaining at 100,000 lb (45,359 kg)

south of Cape Mendocino. The

coastwide 2-month cumulative trip limit
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 435

for sablefish remained at 12,000 lb

(5,443 kg).

On September 1 (62 FR 36228, July 7,

1997), the 2-month cumulative trip

limits for the DTS complex and its

components were converted to 1-month

cumulative limits: for the DTS complex,

28,500 lb (12,927 kg) north of Cape

Mendocino and 50,000 lb (22,680 kg)

south of Cape Mendocino; for sablefish

coastwide, 6,000 lb (2,722 kg); for Dover

sole north of Cape Mendocino, 15,000 lb

(6,804 kg); and for thornyheads

coastwide, 7,500 lb (3,402 kg), of which

no more than 1,500 lb (680 kg) could be

shortspine thornyheads.

On October 1, 1997 (62 FR 51814,

October 3, 1997), the 1-month

cumulative trip limits were reduced for

sablefish coastwide (to 2,000 lb (907 kg))

and Dover sole north of Cape

Mendocino (to 1,500 lb (680 kg)), and

established for Dover sole south of Cape

Mendocino (at 30,000 lb (13,608 kg)).

Previously Dover sole could comprise

the amount of DTS limit that was left

over after taking sablefish and

thornyheads. As a result, the 1-month

cumulative trip limits for the DTS

complex became the sum of the

cumulative limits of its components, at

11,000 lb (4,990 kg) north of Cape

Mendocino and 39,500 lb (17,917 kg)

south of Cape Mendocino. The limits for

thornyheads did not change in October.

Reduced effort in October, likely due

to bad weather and extremely low

cumulative trip limits, resulted in much

lower landings than expected. On

November 16, 1997 (62 FR 61700,

November 19, 1997), the 1-month

cumulative trip limits for all three

species in the complex were increased

to keep landings within the 1997 HGs

and allocations without increasing

discards. These increases were intended

to enable fishers to land fish that

otherwise would be caught and

discarded. Therefore, on November 16,

1997 (62 FR November 19, 1997), the

monthly limits for the DTS complex

were raised to 16,000 lb (7,257 kg) north

of Cape Mendocino, and 43,000 lb

(19,504 kg) south of Cape Mendocino.

Within these limits, 3,000 lb (1,361

kg) could be Dover sole north of Cape

Mendocino and 30,000 lb (13,608 kg)

south of Cape Mendocino (no change to

southern Dover sole); 3,000 lb (1,361 kg)

coastwide could be trawl-caught

sablefish; and 10,000 lb (4,536 kg)

coastwide could be thornyheads. No

more than 3,000 lb (1,361 kg) of the

thornyheads could be shortspine

thornyheads. Landings are intended to

be close to the HGs for these species in

1997, although some changes were

made so late in the year, final data will

not be available until 1998.

The HG for sablefish north of 36° N.

lat. is reduced from 7,800 mt 1997 to

4,680 mt in 1998, with proportional

reductions in the allocations (see

footnote g/ of Table 1). The 1998 trawl

allocation was therefore reduced from

3,803 mt in 1997 to 2,282 mt in 1998,

and the 2-month cumulative limit for

trawl-caught sablefish in January 1998 is

5,000 lb (2,268 kg), less than half the

12,000 lb (5,443 kg) limit in January

1997. The 500-lb (227 kg) trip limit for

sablefish smaller than 22 inches (56 cm)

remains in effect. A new HG was set at

425 mt for sablefish south of 36° N. lat.,

equal to the ABC, which is based on

historical landings in that area. The DTS

limits apply coastwide, including

waters south of 36° N. lat.

In 1998, the HG for Dover sole is

applied coastwide only, without

separate consideration of the Columbia

area. The HG is reduced from 11,050 mt

in 1997 to 8,995 mt in 1998. At certain

times of year, particularly in winter

months, it is possible to catch Dover

sole in deep water more selectively,

without large associations of sablefish

and shortspine thornyheads. Therefore,

in January-February 1998, the 2-month

cumulative trip limit for Dover sole is

40,000 lb (18,144 kg). The 2-month

cumulative trip limit is reduced to

18,000 lb (8,165 kg) beginning in March

1998. If adequate amounts remain, the

limit may be raised for the more

selective fishery at the end of the year.

This is done to achieve full utilization

of all four species in the complex,

without exceeding any HG or allocation,

while reducing the need to discard fish

in excess of legal limits.

In 1998, the HG for longspine

thornyheads is reduced from 6,000 mt

north of Pt. Conception (34°27′ N. lat.)

to 3,733 mt north of 36° N. lat., based

on a new stock assessment, and 390 mt

for that portion of the Conception area

north of Pt. Conception (which is

equivalent to 4,123 mt north of Pt.

Conception, although there no longer is

a single HG for these two areas

combined). The 2-month cumulative

limit in January 1998 is 10,000 lb (4,536

kg), which for the first time applies only

to longspine thornyheads, separate from

shortspine thornyheads. In 1997, the

trip limit of 20,000 lb (9,072 kg) applied

to both species of thornyheads

combined, and could consist entirely of

longspine thornyheads if no shortspine

thornyheads were taken. The trip limits

are not linked in 1998 in order to

encourage a more selective harvest of

each species.

In 1998, the HG for shortspine

thornyheads is reduced from 1,500 mt

north of 36° N. lat. to 1,082 mt north of

the Conception area, and 113 mt for that

portion of the Conception area north of

Pt. Conception (which is equivalent to

1,195 mt north of Pt. Conception,

although there is not a single HG for the

two areas combined). There is no HG

south of Pt. Conception. The 2-month

cumulative trip limit for shortspine

thornyheads in January 1998 is 4,000 lb

(1,814 kg), the same as in January 1997.

Open access. The open access limits

for thornyheads are the same as in 1997:

the fishery is closed north of Pt.

Conception, and a 50-lb (23 kg) daily

trip limit applies south of Pt.

Conception. Open access landings of

Dover sole are constrained by the 50-

percent monthly limit of 9,000 lb (4,082

kg) starting in March 1998, but not in

January-February 1998 when the open

access limits for exempted trawl gear are

more restrictive. The 300-lb (136 kg)

coastwide daily trip limit for exempted

trawl gear remains in effect in 1998.

Nontrawl Sablefish

Limited entry north of 36° N. lat. A

number of significant changes were

made to management of the limited

entry fishery in 1997: (1) A vessel was

required to have an endorsement on its

limited entry permit in order to

participate in the regular or mop-up

sablefish seasons (62 FR 34670, August

27, 1997); (2) the regular season was

changed from a derby to an equal

cumulative trip limit for all participants,

which in 1997, was 34,100 lb (15,468

kg); (3) the cumulative trip limit during

the regular season was attached to the

limited entry permit as well as to the

vessel to prevent multiple vessels from

taking multiple cumulative trip limits

within the same cumulative limit period

by transferring a permit; (4) the fishery

during the regular season ended at sea

rather than dockside; (5) the preseason

closure was shortened from 72 to 48

hours, and advance setting of pot gear

was no loner allowed; and (6) the postseason closure also was shortened from

72 to 48 hours.

However, a number of provisions

remained the same as in 1996. The trip

limit for sablefish smaller than 22

inches (56 cm) of 1,500 lb (680 kg) or

3 percent of all legal sablefish on board,

whichever is greater, remained in effect

during the regular and mop-up seasons.

Small daily trip limits were applied to

the nontrawl fishery before and after the

‘‘regular’’ and ‘‘mop-up’’ seasons. A

300-lb (136-kg) daily trip limit was

applied only north of 36°00′ N. lat., the

same area covered by the HG. On May

1, a 5,100-lb (2,313 kg) per month cap

was placed on the amount of sablefish

that could be taken under the daily trip

limit north of 36° N. lat. (62 FR 24845,

May 7, 1997). This cap was lowered to
436 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

600 lb (272 kg) on July 1 (62 FR 36228,

July 7, 1997), and increased to1,500 lb

(680 kg) on October 22 after the end of

the mop-up season (62 FR 53577,

October 15, 1997). The 1997 daily trip

limit was intended to result in landings

of about 915,000 lb (425 mt) but it

appeared they would be as high as 1.1

million lb (499 mt). Overall, limited

entry landings of sablefish in 1997 are

projected to be about 160 mt below the

limited entry nontrawl allocation of

2,754 mt (based on information updated

after the November Council meeting).

Due to the decline in the HG in 1998,

the limited entry nontrawl allocation for

sablefish north of 36° N. lat. is reduced

from 2,754 mt in 1997 to 1,652 mt in

1998. In 1998, the same daily trip limits

for the limited entry fishery will apply

outside the regular and mop-up seasons

and any closures, but the cumulative

limit is reduced from 1,500 lb (680 kg)

per month to 1,500 lb (680 kg) per 2-

month period (excluding any harvest in

the regular or mop-up seasons). The 60-

percent monthly limits described in

paragraph IV.A(1)(c)(i) do not apply

here for the nontrawl sablefish fishery.

The ‘‘per trip’’ limit for nontrawl

sablefish smaller than 22 inches (56 cm)

remains in effect during the regular and

mop-up fisheries. The Council

recommended a number of management

changes for 1998, including a 3-tier

system of assigning cumulative trip

limits during the regular season, that

has not yet been published for public

comment or approved by NMFS.

1998 Regular Season. The Council

recommended that the limited entry

regular season begin on August 1, 1998,

to reduce the probability of poor

weather (as encountered in the 1997

mop-up season), to take advantage of

favorable tidal conditions, to decrease

competition with Alaska sablefish

fisheries, and to accommodate alternate

fishing opportunities. The regular

season applies only north of 36° N. lat.

Limited entry south of 36° N. lat. In

the Conception area, where there was no

HG in 1997, and landings had been

below the 425-mt ABC in 1996, the

limited entry daily trip limit was set at

350 lb (159 kg) to accommodate most

landings without encouraging excessive

effort shifts into that area. There was no

cap on the amount that could be landed

under the daily trip limit in the

Conception area. In September 1997, an

option was provided that enabled a

vessel to make one landing a week

above 350 lb (159 kg) but less than 1,050

lb (476 kg) (62 FR 46920, September 6,

1997). The same daily trip limit remains

in effect in 1998, but the option to make

one landing above 350 lb (159 kg) is not

available in January 1998. This option

may be reconsidered later in the year.

Open access. Landings appear to be

close to the open access sablefish

allocation in 1997. Therefore, for the

open access fishery, the same daily trip

limits for sablefish apply in 1998 as in

1997: 300 lb (136 kg) north of 36° N. lat.;

350 lb (159 kg) south of 36° N. lat.,

except a 2-month cumulative limit of

600 lb (272 kg) also applies north of 36°

N. lat.

Whiting. The entire whiting HG of

232,000 mt was harvested in 1997:

87,069 mt by the shore-based fleet;

69,947 mt by the catcher/processing

sector; 50,395 mt by the motherships

sector, and about 25,000 mt by the

Makah tribal fishery. The 10,000-lb

(4,536-kg) trip limit for whiting taken

before and after the regular whiting

season and inside the 100-fathom (183-

m) contour in the Eureka subarea

(40°30′–43°00′ N. lat.) continues in

effect in 1998. Additional regulations,

including the percentages used to

allocate whiting among non-tribal

sectors, are found at 50 CFR

660.323(a)(4).

Whiting seasons. The opening dates of

the primary seasons for whiting also are

announced herein (see paragraph

IV.B.(5)(b)). They remain the same as in

1997, except for the shore-based fishery

in the Eureka area (42°–40°30′ N. lat. off

California), which will begin on April 1,

1998.

Nontribal whiting allocation. Because

the U.S. HG and tribal allocation did not

change, the 1998 allocations for the

nontribal whiting fishery are the same

as in 1997, and are listed at paragraph

IV.B. (5)(a).

Lingcod

The 2-month cumulative trip limit for

lingcod in 1997 was 40,000 lb (18,144

kg) until July 1, when it was reduced to

30,000 lb (13,608 kg) (62 FR 36228, July

7, 1997). Lingcod smaller than 22 inches

(56 cm) could not be landed in the

commercial or recreational fisheries

except for 100-lb (45-kg) per trip for

trawl-caught lingcod. Landings of

lingcod in 1997 are projected at 2,162

mt (1,462 mt from the commercial

fishery and 700 mt from the recreational

fishery), 238 mt below the 2,400 mt HG.

The trip limit was not increased

however, in recognition of the reduced

ABC in 1998, and the fear that an

increase to trip limits in 1997 would

attract additional target opportunities

and excessive effort.

Lingcod involves two difficult

management issues in 1998: Its

transboundary occurrence in U.S. and

Canadian waters, and within U.S.

waters, relative harvest levels by

commercial and recreational fishers.

The 1998 HG for lingcod is 35 percent

of its 1997 level, reduced from 2,400 mt

in 1997 to 838 mt in 1998, due primarily

to the results of a new stock assessment.

(The ABC is set at F35% but the HG is

set at a more precautionary F40%)

There is no agreement between U.S..

and Canadian scientists regarding the

appropriate stock structure and

distribution. U.S. scientists believe the

lingcod population of the Columbia and

Vancouver areas (including Canada) to

be a single stock, but Canadian

scientists believe the Canadian portion

of this range is not part of the same

stock as that found in northern U.S.

waters. Landings in the Canadian

portion of the Vancouver area were

about 900 mt in 1996. If this level of

landings were to continue in 1998,

Canadian landings alone would exceed

the F40% yield calculated (by U.S.

scientists) for the entire assessment area

(the Columbia and Vancouver areas,

including Canadian waters).

The U.S. industry disagrees as to

whether the reduction should or could

fall equally on both commercial and

recreational sectors. The 838-mt HG is

for total U.S. catch, including the

recreational sector. Coastwide

recreational landings of lingcod in 1997

were estimated at about 700 mt. If that

level continued in 1998, recreational

harvest would comprise over 80 percent

of the U.S. HG, leaving only 138 mt for

the commercial fishery. If recreational

catch were reduced by 65 percent, the

same reduction in the U.S. ABC from

1997 to 1998, the recreational sector

would be limited to 245 mt in 1998,

leaving 593 mt for the commercial

sector.

The Council considered the

management options available and

decided, after hearing considerable

public testimony, to reduce both the

commercial and recreational fisheries to

absorb the impact of the reduced HG in

1998. The management measures

recommended by the Council are

intended to divide the HG almost

equally between the commercial and

recreational sectors, but this results in a

proportionately larger decrease for the

commercial fishery. The Council

recommended increasing the size limit

for all fisheries coastwide (commercial

limited entry and open access, and

recreational) from 22 inches (56 cm) to

24 inches (61 cm) and reducing the

recreational bag limit off California from

5 to 3 lingcod, consistent with current

bag limits off Washington and Oregon.

This would lower the recreational

harvest by about 153 mt, resulting in

expected recreational harvest of about
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 437

430 mt of the 838 mt total in 1998, even

with the recommended size and bag

limit reductions. Approximately 408 mt

would remain for the commercial

fishery, a 72 percent decrease since

1997. The Council also recommended

reducing the limited entry, 2-month

cumulative trip limit to 1,000 lb (454 kg)

in January 1998 (compared to 40,000 lb

(18,144 kg) in January 1997), and

established a new, 1,000-lb (454 kg)

2-month cumulative trip limit for the

open access fishery. The new open

access cumulative limit is the same as

for the limited entry fishery, except the

60-percent monthly limits described in

paragraph IV.A.(1)(c)(i) do not apply,

and the entire open access cumulative

limit may be taken at any time during

the 2-month period. The commercial

fishery absorbed a greater proportion of

the harvest reduction in 1998 because

the Council has not yet developed a

plan for allocating lingcod between the

two fisheries. The Council is expected

to initiate discussions in the near future

to address more formally the

commercial and recreational allocation

of lingcod.

Black Rockfish

Black rockfish off the State of

Washington continue to be managed

under the regulations at 50 CFR

660.323(a)(1) for nontribal limited entry

and open access fisheries. The State of

Oregon implements trip limits for black

rockfish off the Oregon coast.

Operating in Both Limited Entry and

Open Access Fisheries

Vessels using open access gear are

subject to the management measures for

the open access fishery, regardless of

whether the vessel has a valid limited

entry permit endorsed for any other

gear. In addition, a vessel operating in

the open access fishery must not

exceeds any trip limit, frequency limit,

and/or size limit (for the same area) in

the limited entry fishery, unless

otherwise authorized.

A vessel that operates in both the

open access and limited entry fisheries

is not entitled to two separate trip limits

for the same species. Fish caught with

open access gear will also be counted

toward the limited entry trip limit. For

example: In January, a trawl vessel

catches 2,700 lb (1,225 kg) of sablefish

in the limited entry fishery, and in the

same month catches 500 lb (227 kg) of

sablefish with shrimp trawl (open

access) gear, for a total of 3,200 lb (1,451

kg) of sablefish. Because the open access

landings are counted toward the limited

entry limit, the vessel would have

exceeded its limited entry, cumulative

limit of 3,000 lb (1,361 kg) (60 percent

of the 5,000-lb (2,268-kg) 2-month

cumulative limit for the limited entry

fishery).

Operating in Areas with Different Trip

Limits.

Trip limits may differ for a species or

species complex at different locations

on the coast. Unless otherwise stated (as

for black rockfish or for species with

daily trip limits), the cross-over

provisions at paragraph IV.A.(12) apply.

In general, a vessel fishing for

groundfish in a more restrictive area is

subject to the more restrictive limit for

the duration of that trip limit period.

Changes to Trip Limits; Closures

Unless otherwise stated (as for the

nontrawl sablefish regular season; see

50 CFR 660.323(a)(2)), a vessel must

have initiated offloading its catch before

the fishery is closed or before a more

restrictive trip limit becomes effective.

As in the past, all fish on board the

vessel when offloading begins are

counted toward the landing limits (See

50 CFR 660.302 for the definition of

‘‘landing’’).

Designated Species B Permits

Desginated Species B permits may be

issued if the limited entry fleet will not

fully utilize the HG for Pacific whiting,

shorbelly rockfish, or jack mackerel

north of 39° N. lat. The limited entry

fleet has requested the full use of these

species in 1998. In addition, since no

applications were received before the

November 1 deadline, NMFS does not

expect to issue Designated Species B

permits in 1998.

Recreational Fishing

Bag limits for rockfish remain the

same in 1998 as in 1997, with one

exception; a new 3-fish bag limit is

added for bocaccio off California. The

bag and size limits for lingcod also are

changed in 1998: the size limit is

increased from 22 inches (56 cm) to 24

inches (61 cm) total length, and the bag

limit is reduced from 5 to 3 fish off

California, which is consistent with the

3-fish bag limits off Washington and

Oregon.

IV. NMFS Actions

For the reasons stated above, the

Assistant Administrator for Fisheries,

NOAA (Assistant Administrator),

concurs with the Council’s

recommendations and announces the

following management actions for 1998,

including those that are the same as in

1997.

A. General Definitions and Provisions

The following definitions and

provisions apply to the 1998

management measures, unless otherwise

specified in a subsequent notice:

(1) Trip limits. Trip limits are used in

the commercial fishery to specify the

amount of fish that may legally be taken

and retained, possessed, or landed, per

vessel, per fishing trip, or cumulatively

per unit of time, or the number of

landings that may be made from a vessel

in a given period of time, as explained

below.

(a) A trip limit is the total allowable

amount of a groundfish species or

species complex, by weight, or by

percentage of weight of legal fish on

board, that may be taken and retained,

possessed, or landed per vessel from a

single fishing trip.

(b) A daily trip limit is the maximum

amount that may be taken and retained,

possessed, or landed per vessel in 24

consecutive hours, starting at 0001

hours local time. Only one landing of

groundfish may be made in that 24-hour

period. Daily trip limits may not be

accumulated during multiple day trips.

(c) A cumulative trip limit is the

maximum amount that may be taken

and retained, possessed, or landed per

vessel in a specified period of time,

without a limit on the number of

landings or trips.

(i) Limited entry fishery. Unless

otherwise specified, cumulative trip

limits in the limited entry fishery apply

to 2-month periods, and no more than

60 percent of the applicable 2-month

cumulative limit may be taken and

retained, possessed or landed in either

month of a 2-month period (the ‘‘60-

percent monthly limit’’). The 2-month

periods are: January-February, MarchApril, May-June, July-August,

September-October, and NovemberDecember. Different cumulative periods

may be announced later in the year.

[Note: NMFS has published a proposed

regulation in the Federal Register (62 FR

67010, December 29, 1997), with a request for

public comments, in which limited entry

permit transfers would take effect on the first

day of a cumulative landings limit period,

which are the periods described in this

paragraph IV.A.(1)(c)(i).]

(ii) Open access fishery. Unless

otherwise specified (as for sablefish

north of 36° N. Lat. and lingcod),

cumulative trip limits in the open

access fishery apply to 1-month periods.

Within these 1-month cumulative trip

limits, in any calendar month, no more

than 50 percent of the applicable 2-

month cumulative limit for the limited

entry fishery may be taken and retained,

possessed, or landed from a vessel in
438 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

the open access fishery; this is called

the ‘‘50-percent monthly limit.’’

(iii) Platooning—limited entry trawl

vessels. Limited entry trawl vessels are

automatically in the ‘‘A’’ platoon, unless

the permit owner indicated in the

annual limited entry permit renewal

that the permitted vessel will participate

in the ‘‘B’’ platoon. If a vessel is in the

‘‘A’’ platoon, its cumulative trip limit

periods begin and end on the beginning

and end of a calendar month as in the

past. If a limited entry trawl permit is

authorized for the ‘‘B’’ platoon, then

cumulative trip limit periods will begin

on the 16th of the month (generally 2

weeks later than for the ‘‘A’’ platoon),

unless otherwise specified.

(A) For a vessel in the ‘‘B’’ platoon,

cumulative trip limit periods begin on

the 16th of the month and end on the

15th of the month. Therefore, the

management measures announced

herein that are effective on January 1,

1998, for the ‘‘A’’ platoon will be

effective on January 16, 1998, for the

‘‘B’’ platoon. The effective date of any

inseason changes to the cumulative trip

limits also will be delayed for 2 weeks

for the ‘‘B’’ platoon.

(B) A vessel authorized to operate in

the ‘‘B’’ platoon may take and retain, but

may not land, groundfish from January

1, 1998, through January 15, 1998.

(C) Special provisions will be made

for ‘‘B’’ platoon vessels later in the year

so that the amount of fish made

available in 1998 to both ‘‘A’’ and ‘‘B’’

vessels is the same. (For example, a

vessel in the ‘‘B’’ platoon could have the

same cumulative trip limit for the final

period as a vessel in the ‘‘A’’ platoon,

but the final period may be 2 weeks

shorter so that both fishing periods end

on the same date.)

(2) Unless the fishery is closed, a

vessel that has landed its cumulative or

daily limit may continue to fish on the

limit for the next legal period, so long

as no fish (including, but not limited to,

groundfish with no trip limits, shrimp,

prawns, or other nongroundfish species

or shellfish) are landed (offloaded) until

the next legal period. As stated at 50

CFR 660.302 (in the definition of

‘‘landing’’), once offloading of any

species begins, all fish aboard the vessel

are counted as part of the landing.

(3) All weights are round weights or

round-weight equivalents unless

otherwise specified.

(4) Percentages are based on round

weights, and, unless otherwise

specified, apply only to legal fish on

board.

(5) ‘‘Legal fish’’ means fish legally

taken and retained, possessed, or landed

in accordance with the provisions of 50

CFR part 660, the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act), any notice

issued under part 660, and any other

regulation promulgated or permit issued

under the Magnuson-Stevens Act.

(6) Size limits and length

measurement. Unless otherwise

specified, size limits in the commercial

and recreational groundfish fisheries

apply to the longest measurement of the

fish without mutilation of the fish or the

use of force to extend the length of the

fish. No fish with a size limit may be

retained if it is in such condition that its

length has been extended or cannot be

determined by these methods.

(a) For a whole fish, total length is

measured from the tip of the snout

(mouth closed) to the tip of the tail in

a natural, relaxed position.

(b) For a fish with the head removed

(‘‘headed’’), the length is measured from

the origin of the first dorsal fin (where

the front dorsal fin meets the dorsal

surface of the body closest to the head)

to the tip of the upper lobe of the tail;

the dorsal fin and tail must be left

intact.

(7) ‘‘Closure,’’ when referring to

closure of a fishery, means that taking

and retaining, possessing, or landing the

particular species or species group is

prohibited. (See 50 CFR 660.302.)

Unless otherwise announced in the

Federal Register, offloading must begin

before the time the fishery closes.

[Note: Special provisions are made for an atsea closure at the end of the regular season

for the sablefish limited entry fishery. See 50

CFR 660.323(a)(2).]

(8) The fishery management area for

these species is the EEZ off the coasts

of Washington, Oregon, and California

between 3 and 200 nm offshore,

bounded on the north by the Provisional

International Boundary between the

United States and Canada, and bounded

on the south by the International

Boundary between the United States

and Mexico. All groundfish possessed

between 0–200 nm offshore, or landed

in, Washington, Oregon, or California

are presumed to have been taken and

retained from the EEZ, unless otherwise

demonstrated by the person in

possession of those fish.

(9) In season changes to trip limits are

announced in the Federal Register.

Most trip and bag limits in the

groundfish fishery have been designated

‘‘routine,’’ which means they may be

changed rapidly after a single Council

meeting. Information concerning

changes to trip limits is available from

the NMFS Northwest and Southwest

Regional Offices (see ADDRESSES).

Changes to trip limits are effective at the

times stated in the Federal Register.

Once a change is effective, it is illegal

to take and retain, possess, or land more

fish than allowed under the new trip

limit. This means, unless otherwise

announced in the Federal Register,

offloading must begin before the time a

fishery closes or a more restrictive trip

limit takes effect.

(10) It is unlawful for any person to

take and retain, possess, or land

groundfish in excess of the landing limit

for the open access fishery without

having a valid limited entry permit for

the vessel affixed with a gear

endorsement for the gear used to catch

the fish (50 CFR 660.306(p)).

(11) Operating in both limited entry

and open access fisheries.

The open access trip limit applies to

any fishing conducted with open access

gear, even if the vessel has a valid

limited entry permit with an

endorsement for another type of gear. A

vessel that operates in both the open

access and limited entry fisheries is not

entitled to two separate trip limits for

the same species. Fish caught with open

access gear will also be counted toward

the limited entry trip limit.

(12) Operating in areas with different

trip limits. Trip limits for a species or

species complex may differ in different

geographic areas along the coast. The

following ‘‘crossover’’ provisions apply

to vessels operating in different

geographical areas that have different

cumulative or ‘‘per trip’’ trip limits for

the same species or species complex.

They do not apply to species that are

only subject to daily trip limits, or to the

trip limits for black rockfish off the State

of Washington (see 50 CFR

660.323(a)(1)). In 1998, the trip limit

period for cumulative trip limits is 2

months for the limited entry fishery and

1 month for the open access fishery,

unless otherwise specified.

(a) Going From A More Restrictive To

A More Liberal Area: If a vessel takes

and retains any species of groundfish in

an area where a more restrictive trip

limit applies, before fishing in an area

where a more liberal trip limit (or no

trip limit) applies, then that vessel is

subject to the more restrictive trip limit

for the entire period to which that trip

limit applies, no matter where the fish

are taken and retained, possessed, or

landed.

(b) Going From A More Liberal To A

More Restrictive Area: If a vessel takes

and retains a species (or species

complex) in an area where a higher trip

limit (or no trip limit) applies, and takes

and retains, possesses or lands the same

species (or special complex) in an area

where a more restrictive trip limit

applies, then that vessel is subject to the
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 439

more restrictive trip limit for that trip

limit period.

(13) Sorting. 50 CFR 660.306(h) make

it unlawful for any person to ‘‘fail to

sort, prior to the first weighing after off

loading, those groundfish species or

species groups for which there is a trip

limit, if the weight of the total delivery

exceeds 3,000 lb (1,361 kg) (round

weight or round weight equivalent).’’

This provision applies to both the

limited entry and open access fisheries.

A proposed rule was published in the

Federal Register at 62 FR 67610,

December 29, 1997, with a request for

public comments, that would require all

species or species groups with a trip

limit, size limit, HG, or quota to be

sorted. There would be no exception for

landings under 3,000 lb (1,361 kg). The

States of Washington and Oregon

already have the same or similar

requirements.

(14) Exempted fisheries. U.S. vessels

operating under an exempted (formerly

experimental) fishing permit issued

under 50 CFR part 600 also are subject

to these restrictions, unless otherwise

provided in the permit.

(15) Paragraphs IV.B. through IV.C.

pertain to the commercial groundfish

fishery, but not to Washington coastal

tribal fisheries which are described in

paragraph V. The provisions in

paragraphs IV.B through IV.C. that are

not covered under the headings ‘‘limited

entry’’ or ‘‘open access’’ apply to all

vessels in the commercial fishery that

take and retain groundfish, unless

otherwise stated. Paragraph IV.D.

pertains to the recreational fishery.

(16) Commonly used geographical

coordinates.

(a) Cape Falcon, OR—45°46′ N. lat.

(b) Cape Lookout, OR—45°20′15′′ N.

lat.

(c) Cape Mendocino, CA—40°30′ N.

lat.

(d) Point Arena, CA—38°57′30′′ N. lat.

(e) Point Conception, CA—34°27′ N.

lat.

(f) International North Pacific

Fisheries Commission (INPFC) subareas

(for more precise coordinates for the

Canadian and Mexican boundaries, see

50 CFR 660.304):

(i) Vancouver—U.S.-Canada border to

47°30′ N. lat.

(ii) Columbia—47°30′ to 43°00′ N. lat.

(iii) Eureka—43°00′ to 40°30′ N. lat.

(iv) Monterey—40°30′ to 36°00′ N. lat.

(v) Conception—36°00′ N. lat. to the

U.S.-Mexico border.

B. Limited Entry Fishery

(1) Widow Rockfish (commonly called

brownies). The cumulative trip limit for

widow rockfish is 25,000 lb (11,340 kg)

per vessel per 2-month period. The 60-

percent monthly limit is 15,000 lb

(6,804 kg).

(2) Sebastes Complex (including

Bocaccio, Yellowtail, and Canary

Rockfish).

(a) General. Sebastes complex means

all rockfish managed by the FMP except

Pacific ocean perch (Sebastes alutus),

widow rockfish (S. entomelas),

shortbelly rockfish (S. jordani, and

Sebastolobus spp. (also called

thornyheads, idiots, or channel

rockfish). Yellowtail rockfish (S.

flavidus) are commonly called greenies.

Bocaccio (S. paucispinis) are commonly

called rock salmon. Canary rockfish (S.

pinniger) are commonly called orange

rockfish. This definition also applies the

open access fishery.

(b) Cumulative trip limits. The

cumulative trip limit for the Sebastes

complex is 40,000 lb (18,144 kg) north

of Cape Mendocino or 150,000 lb

(68,039 kg) south of Cape Mendocino,

per vessel per 2-month period. Within

the cumulative trip limit for the

Sebastes complex, no more than 11,000

lb (4,990 kg) may be yellowtail rockfish

taken and retained north of Cape

Mendocino, no more than 2,000 lb (907

kg) may be bocaccio taken and retained

south of Cape Mendocino, and no more

than 15,000 lb (6,804 kg) may be canary

rockfish.

(c) The 60-percent monthly limits are:

For the Sebastes complex, 24,000 lb

(10,886 kg) north of Cape Mendocino,

and 90,000 lb (40,823 kg) south of Cape

Mendocino; for yellowtail rockfish,

6,600 lb (2,994 kg) north of Cape

Mendocino; for bocaccio, 1,200 lb (5,443

kg) south of Cape Mendocino; and for

canary rockfish coastwide, 9,000 lb

(4,082 kg).

(d) For operating in areas with

different trip limits for the same species,

see paragraph IV.A. (12) above.

(3) POP. The cumulative trip limit for

POP is 8,000 lb (3,629 kg) per vessel per

2-month period. The 60-percent

monthly limit is 4,800 lb (2,177 kg).

(4) Sablefish and the DTS Complex

(Dover Sole, Thornyheads, and TrawlCaught Sablefish.

(a) 1998 Sablefish Management goal.

The limited entry sablefish fishery will

be managed to achieve the 1998

commercial HGs of 4,680 mt north of

36° N. lat. and 425 mt south of 36° N.

lat.

(b) Gear allocations. After subtracting

the tribal-imposed catch limit and the

open access allocation from the HG for

sablefish north of 36° N. lat. the

remainder is allocated 58 percent to the

trawl fishery and 42 percent to the

nontrawl fishery.

[Note: The 1998 ABC for sablefish north of

36° N. lat. is 5,200 mt. The trawl allocation

is 2,282 mt and the nontrawl allocation is

1,652 mt. See footnote g/ of Table 1.]

(c) Limited entry trip and size limits

for the DTS complex. ‘‘DTS complex’’

means Dover sole (Microstomus

pacificus), thornyheads (Sebastolobus

spp.), and trawl-caught sablefish

(Anoplopoma fimbria). Sablefish are

also called backcod. Thornyheads, also

called idiots, channel rockfish, or

hardheads, include two species:

Shortspine thornyheads (S. alascanus)

and longspine thornyheads (S. altivelis).

These provisions apply to Dover sole

and thornyheads caught with any

limited entry gear and to sablefish

caught with limited trawl gear. This

definition aslo applies for the open

access fishery.

(i) January–February 1998. In

January–February 1998, the 2-month

cumulative trip limit for the DTS

complex is 59,000 lb (26,762 kg) per

vessel. Within this cumulative trip

limit, no more than 5,000 lb (2,268 kg)

may be sablefish, no more than 40,000

lb (18,144 kg) may be Dover sole, no

more than 10,000 lb (4,536 kg) may be

longspine thronyheads, and no more

than 4,000 lb (1,814 kg) may be

shortspine thornyheads.

(ii) March 1988. Beginning in March

1998, the 2-month cumulative trip limit

for the DTS complex is 37,999 lb

(16,783 kg) per vessel. Within this

cumulative trip limit, no more than

5,000 lb (2,268 kg) may be sablefish, no

more than 18,000 lb (8,165 kg) may be

Dover sole, no more than 10,000 lb

(4,536 kg) may be longspine

thornyheads, and no more than 4,000 lb

(1,814 kg) may be shortspine

thornyheads.

(iii) The 60-percent monthly limits

are: For the DTS complex, 35,400 lb

(16,057) in January–February and

22,200 lb (10,070 kg) per 2-month

period starting in March; for trawlcaught sablefish, 3,000 lb (1,361 kg) for

each 2-month period; for Dover sale,

24,000 lb (10,886 kg) in January–

February, and 10,800 lb (4,899 kg) per

2-month period starting in March; for

longspine thornyheads, 6,000 lb (2,722

kg) for each 2-month period; and for

shortspine thornyheads, 2,400 lb (1,089

kg) for each 2-month period. (iii) In any

trip, no more than 500 lb (227 kg) may

be trawl-caught sablefish smaller than

22 inches (56 cm) total length. (See

paragraph IV.A.(6) regarding length

measurement.)

(d) Nontrawl trip and size limits. To

participate in the regular, or mop-up

season for the nontrawl limited entry

sablefish fishery, the owner of a vessel

must hold a limited entry permit for that

vessel, affixed with both a gear
440 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

endorsement for longline or trap (or pot)

gear, and a sablefish endorsement. See

50 CFR 663.23(a)(2)(i). A sablefish

endorsement is not required to

participate in the limited entry daily

trip fishery.

(i) Regular season. The regular season

will begin at 12 noon (local time) on

August 1, 1998. The management

structure of the regular season,

including season duration, closed

periods, and trip limits will be

announced with the 1998 limited entry

nontrawl sablefish season regulations.

(ii) Daily trip limit. The daily trip

limit, which applies to sablefish of any

size, is in effect north of 36° N. lat. until

the closed periods before or after the

regular season as specified at 50 CFR

660.323(a)(2), between the end of the

regular season and the beginning of the

mop-up season, and after the mop-up

season. The daily trip limit is expected

to be in effect throughout the year in

Federal waters south of 36° N. lat.

(A) The daily trip limit for sablefish

taken and retained with nontrawl gear

north of 36° N. lat. is 300 lb (136 kg),

which counts toward a cumulative trip

limit of 1,500 lb (680 kg) per 2-month

period. (Landings from the regular or

mop-up seasons do not count toward

this cumulative limit, and the 60-

percent monthly limits described at

paragraph (V.A.(1)(c)(i) do not apply.)

(B) The daily trip limit for sablefish

taken and retained with nontrawl gear

south of 36° N. lat is 350 lb (159 kg)

with no cumulative limit on the amount

of sablefish that may be retained in a

month.

(iii) Limit on small fish. During the

‘‘regular’’ or ‘‘mop-up’’ season, there is

a trip limit in effect for sablefish smaller

than 22 inches (56 cm) total length,

which may comprise no more than

1,500 lb (680 kg) or 3 percent of all legal

sablefish 22 inches (56 cm) (total length)

or larger, whichever is greater. (See

paragraph IV.A.(6) regarding length

measurement.) This trip limit counts

toward any other cumulative trip limit

that may be in effect.

(e) Conversions. The following

conversions apply to both the limited

entry and open access fisheries. For

headed and gutted (eviscerated)

sablefish:

(i) The minimum size limit for headed

sablefish, which corresponds to 22

inches (56 cm) total length for whole

fish, is 15.5 inches (39 cm).

(ii) The conversion factor established

by the state where the fish is or will be

landed will be used to convert the

processed weight to round weight for

purposes of applying the trip limit. (The

conversion factor currently is 1.6 in

Washington, Oregon, and California.

However, the state conversion factors

may differ; fisherman should contact

fishery enforcement officials in the state

where the fish will be landed to

determine that state’s official conversion

factor.)

(5) Whiting. Additional regulations

that apply to the whiting fishery are

found at 50 CFR 660.306 and 50 CFR

660.323(a) (3) and (4).

(a) Allocations. The nontribal

allocations are HGs, based on

percentages that are applied to the

commercial HG (see 50 CFR

660.323(a)(4)), as follows:

(i) Catcher/processor sector—70,400

mt (34 percent);

(ii) Mothership sector—49,700 mt (24

percent);

(iii) Shore-based sector—86,900 mt

(42 percent). No more than 5 percent

(4,345 mt) of the shore-based whiting

allocation may be taken before the

shore-based fishery begins north of 42°

N. lat.

(iv) Tribal allocation—See paragraph

V.

(b) Seasons. The 1998 primary

seasons for the whiting fishery are as

follows (see 50 CFR 660.323(a)(3)):

(i) Catcher/processor sector—May 15;

(ii) Mothership sector—May 15;

(iii) Shore-based sector—June 15

north of 42° N. lat.; April 1 between

42°–40°30′ N. lat. (the Eureka area);

April 15 south of 40°30′ N. lat.

(c) Trip limits.

(i) Before and after the regular season.

No more than 10,000 lb (4,536 kg) of

whiting may be taken and retained,

possessed, or landed, per vessel per

fishing trip before and after the regular

season for whiting, as specified at 50

CFR 660.323(a) (3) and (4). This trip

limit includes any whiting caught

shoreward of 100 fathoms (183 m) in the

Eureka subarea.

(ii) Inside the Eureka 100-fm contour.

No more than 10,000 lb (4,536 kg) of

whiting may be taken and retained,

possessed, or landed by a vessel that, at

any time during a fishing trip, fished in

the fishery management area shoreward

of the 100-fathom (183-m) contour (as

shown on NOAA Charts 18580, 18600,

and 18620) in the Eureka subarea.

(6) Lingcod.

(a) Trip limits. The cumulative trip

limit for lingcod is 1,000 lb (454 kg) per

vessel per 2-month period. The 60-

percent monthly limit is 600 lb (272 kg).

No lingcod may be smaller than 24

inches (61 cm) total length, except for a

100-lb (45-kg) trip limit for trawl-caught

lingcod smaller than 24 inches (61 cm).

Length measurement is explained at

paragraph IV.A.(6).

(b) Conversions. The following

conversions apply in both limited entry

and open access fisheries.

(i) Size conversion. For lingcod with

the head removed, the minimum size

limit, which corresponds to 24 inches

(61 cm) total length for whole fish, is

19.5 inches (49.5 cm).

(ii) Weight conversion. The

conversion factor established by the

state where the fish is or will be landed

will be used to convert the processed

weight to round weight for purposes of

applying the trip limit. (The states’

conversion factors may differ and

fishers should contact fishery

enforcement officials in the state where

the fish will be landed to determine that

state’s official conversion factor.) If a

state does not have a conversion factor

for lingcod that is headed and gutted, or

only gutted, the following conversion

factors will be used. To determine the

round weight, multiply the processed

weight times the conversion factor.

(A) Headed and gutted. The

conversion factor for headed and gutted

lingcod is 1.5. (The State of Washington

currently uses a conversion factor of

1.5.)

(B) Gutted, with the head on. The

conversion factor for lingcod that has

only been gutted is 1.1.

(7) Black rockfish. The regulations at

50 CFR 660.323(a)(1) state: ‘‘The trip

limit for black rockfish (Sebastes

melanops) for commercial fishing

vessels using hook-and-line gear

between the U.S.-Canada border and

Cape Alava (48°09′30′′ N. lat.), and

between Destruction Island (47°40′00′′

N. lat.) and Leadbetter Point (46°38′10′′

N. lat.), is 100 lb (45 kg) or 30 percent,

by weight of all fish on board,

whichever is greater, per vessel per

fishing trip.’’ These limits apply to

limited entry and open access fisheries.

The crossover provisions at paragraphs

IV.A.(12) do not apply.

C. Trip Limits in the Open Access

Fishery

Open access gear is gear used to take

and retain groundfish from a vessel that

does not have a valid limited entry

permit for the Pacific coast groundfish

fishery with an endorsement for the gear

used to harvest the groundfish. This

includes longline, trap, pot, hook-andline (fixed or mobile), set net (south of

38° N. lat. only), and exempted trawl

gear (trawls used to target nongroundfish species: pink shrimp or

prawns, and, south of Pt. Arena, CA

(38°57′30′′ N. lat.), California halibut or

sea cucumbers). Unless otherwise

specified, a vessel operating in the open

access fishery is subject to, and must not

exceed the lesser of: Any trip limit,

frequency limit, and/or size limit for the

open access fishery; or, in any calendar

month, 50 percent of any 2-month
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 441

cumulative trip limit for the same area

in the limited entry fishery, called the

‘‘50-percent monthly limit.’’ Fish

harvested under the 50-percent monthly

limits also count toward the open access

limits for rockfish or groundfish, as

applicable. For purposes of this

paragraph, exempted trawl gear (trawl

gear that is used to harvest shrimp,

prawns, California halibut or sea

cucumbers as provided in this

paragraph C.) may not exceed any limit

for the limited entry trawl fishery, or 50

percent of any 2-month cumulative limit

that applies to limited entry trawl gear,

unless otherwise specified. The

crossover provisions at paragraph

IV.A.(12) that apply to the limited entry

fishery apply to the open access fishery

as well. The conversions at paragraphs

IV.B.(4)(e) for sablefish and IV.B.(6)(b)

for lingcod also apply to the open access

fishery.

(1) Rockfish. Rockfish means all

rockfish as defined at 50 CFR 660.302,

which includes the Sebastes complex

(including yellowtail rockfish, bocaccio,

and canary rockfish), shortbelly

rockfish, widow rockfish, POP, and

thornyheads.

(a) All open access gear (includes

exempted trawl gear).

(i) Thornyheads. Thornyheads

(shortspine and longspine) may not be

taken and retained, possessed, or landed

north of Pt. Conception. South of Pt.

Conception, the daily trip limit for

thornyheads is 50 lb (23 kg). (The 50-

percent monthly limit is not relevant for

thornyheads south of Pt. Conception

because it is much larger than the

amount that could be taken under the

daily trip limits.)

(ii) Widow rockfish. The 50-percent

monthly limit for widow rockfish is

12,500 lb (5,670 kg).

(iii) POP. The 50-percent monthly

limit for POP is 4,000 lb (1,814 kg).

(iv) Sebastes complex. The 50-percent

monthly limit for the Sebastes complex

north of Cape Mendocino is 20,000 lb

(9,072 kg). (The 50-percent monthly

limit is not relevant for exempted trawl

gear north of Cape Mendocino, or for

any open access gear south of Cape

Mendocino because it would be larger

than the open access limits.) The 50-

percent monthly limits for yellowtail

rockfish, bocaccio, and canary rockfish

are counted toward the 50-percent

monthly limit for the Sebastes complex.

(A) Yellowtail rockfish. The 50-

percent monthly limit for yellowtail

rockfish is 5,500 lb (2,495 kg) north of

Cape Mendocino;

(B) Bocaccio. The 50-percent monthly

limit for bocaccio is 1,000 lb (454 kg)

south of Cape Mendocino. (The 50-

percent monthly limit does not apply to

setnets and trammel nets which have a

higher limit—see paragraph

IV.C.(1)(b)(ii));

(C) Canary rockfish. The 50-percent

monthly limit for canary rockfish is

7,500 lb (3,402 kg).

(b) Hook-and-line, pot, setnet,

trammel net. The cumulative monthly

trip limit for rockfish is 40,000 lb

(18,144 kg) per vessel per month, and

includes the daily trip limit for thornyheads and the other limits in paragraph

IV.C. (1)(a) above. The following trip

limits also apply, which count toward

the cumulative monthly limit:

(i) Hook-and-line or pot gear: 10,000

lb (4,536 kg) of rockfish per vessel per

fishing trip, of which no more than 250

lb (113 kg) may be bocaccio taken and

retained south of Cape Mendocino. As

stated in paragraph IV.C.(1)(iv)(B)

above, no more than 1,000 lb (454 kg)

cumulative per month may be bocaccio

taken and retained south of Cape

Mendocino. The trip limit at 50 CFR

660.323(a)(i) for black rockfish caught

with hook-and-line gear also applies

and is counted toward the cumulative

Sebastes and rockfish limits (The black

rockfish limit is also stated in paragraph

IV.B.(7).)

(ii) Setnet or trammel net gear (legal

only south of 38° N. lat.): 2,000 lb (907

kg) cumulative per month of bocaccio

taken and retained south of Cape

Mendocino. [Note: The open-access

limit is intentionally larger than the

limited entry limit of 1,000 lb (454 kg)

per 2-month period.]

(2) Sablefish.

(a) Hook-and-line, pot, setnet,

trammel net.

[Note: There is no 50-percent monthly limit

for open access sablefish taken with nontrawl

gear because the limited entry nontrawl

fishery is not managed with 2-month

cumulative trip limits.]

(i) North of 36°00′ N. lat. North of

36°00′ N. lat., the daily trip limit for

sablefish is 300 lb (136 kg), which

counts toward a cumulative trip limit of

600 lb (272 kg) per 2-month period.

[Note: In 1997, the open access cumulative

trip limit applied to 1-month period.]

The 2-month cumulative limit may be

taken at any time during the 2-month

period; there is no 60-percent monthly

limit for the open access fishery.

(ii) South of 36°00′ N. lat. The daily

trip limit for sablefish taken and

retained south of 36°00′ N. lat. is 350 lb

(159 kg).

(b) Exempted trawl gear. The 50-

percent monthly limit of 2,500 lb (1,134

kg) applies to sablefish taken and

retained with exempted trawl gear.

(3) Lingcod. The 2-month cumulative

trip limit for lingcod is 1,000 lb (454 kg)

and applies to all open access gear,

including exempted trawl gear. The 2-

month cumulative limit may be taken at

any time during that 2-month period;

there is no 60-percent monthly limit for

the open access fishery. The 50-percent

monthly limit does not apply.

(4) Dover sole. The 50-percent

monthly trip limit for Dover sole is

20,000 lb (9,072 kg) in January-February

1998 and 9,000 lb (4,082 kg) starting in

March 1998. It applies to all open access

gear, except it is not relevant for

exempted trawl gear in JanuaryFebruary 1998 because then it is larger

than the amount of groundfish that any

legally be taken with exempted trawl

gear.

(5) Groundfish taken by shrimp or

prawn trawl. The daily trip limits,

which count toward the trip limit for

groundfish, are: for sablefish coastwide,

300 lb (136 kg); and for thornyheads

south of Pt. Conception, 50 lb (23 kg).

The limits in paragraphs IV.C.(1)(a),

(2)(b), (3), and (4) also apply.

(a) Pink shrimp. The trip limit for a

vessel engaged in fishing for pink

shrimp is 500 lb (227 kg) of groundfish,

multiplied by the number of days of the

fishing trip. The daily trip limits for

sablefish and thornyheads may not be

multiplied by the number of days of the

fishing trip.

(b) Spot and ridgeback prawns. The

trip limit for a vessel engaged in fishing

for spot or ridgeback prawns is 500 lb

(227 kg) of groundfish species per

fishing trip.

(c) State law. These trip limits are not

intended to supersede any more

restrictive state law relating to the

retention of groundfish taken in shrimp

or prawn pots or traps.

(6) Groundfish taken by California

halibut or sea cucumber trawl. The trip

limit for a vessel participating in the

California halibut fishery or in the sea

cucumber fishery south of Point Arena,

CA (38°57′30′′ N. lat.) is 500 lb (227 kg)

of groundfish per vessel per fishing trip.

The daily trip limits, which count

toward the trip limit for groundfish, are:

for sablefish, 300 lb (136 kg); and for

thornyheads south of Pt. Conception, 50

lb (23 kg). The limits in paragraphs

IV.C.(1)(a), (2)(b), (3), and (4) also apply.

(a) A trawl vessel will be considered

participating in the California halibut

fishery if:

(i) It is not fishing under a valid

limited entry permit issued under 50

CFR part 660.333 for trawl gear;

(ii) All fishing on the trip takes place

south of Point Arena; and

(iii) The landing includes California

halibut of a size required by California

Fish and Game Code section 8392(a),

which states: ‘‘No California halibut
442 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

may be taken, possessed or sold which

measures less than 22 inches in total

length, unless it weighs four pounds or

more in the round, three and one-half

pounds or more dressed with the head

on, or three pounds or more dressed

with the head off. Total length means

the shortest distance between the tip of

the jaw or snout, whichever extends

farthest while the mouth is closed, and

the tip of the longest lobe of the tail,

measured while the halibut is lying flat

in natural repose, without resort to any

force other than the swinging or fanning

of the tail.’’

(b) A trawl vessel will be considered

to be participating in the sea cucumber

fishery if:

(i) It is not fishing under a valid

limited entry permit issued under 50

CFR part 660.333 for trawl gear;

(ii) All fishing on the trip takes place

south of Point Arena; and

(iii) The landing includes sea

cucumbers taken in accordance with

California Fish and Game Code section

8396, which requires a permit issued by

the State of California.

D. Recreational Fishery

(1) California. The bag limits for each

person engaged in recreational fishing

seaward of the State of California are: 3

lingcod per day, which may be no

smaller than 24 inches (61 cm) total

length; and 15 rockfish per day, of

which no more than may be bocaccio.

Multi-day limits are authorized by a

valid permit issued by the State of

California and must not exceed the daily

limit multiplied by the number of days

in the fishing trip.

(2) Oregon. The bag limits for each

person engaged in recreational fishing

seaward of the State of Oregon are: 3

lingcod per day, which may be no

smaller than 24 inches (61 cm) total

length; and 15 rockfish per day, of

which no more than 10 may be black

rockfish (Sebastes melanops).

(3) Washington. The bag limits for

each person engaged in recreational

fishing seaward of the State of

Washington are: 3 lingcod per day no

smaller than 24 inches (61 cm) total

length; and 10 rockfish per day.

V. Washington Coastal Tribal Fisheries

In late 1994, the U.S. government

formally recognized the treaty right to

fish for groundfish of the four

Washington Coastal Treaty tribes (the

Makah, Quileute, Hoh, and Quinault),

and concluded that in general terms the

quantification of the right is 50 percent

of the harvestable surplus of groundfish

available in the tribes’ usual and

accustomed fishing areas (described at

50 CFR 660.324).

A tribal allocation is subtracted from

the species HG before limited entry and

open access allocations are derived. The

treaty Indian fisheries for sablefish,

black rockfish, and whiting are separate

fisheries, not governed by the limited

entry or open access regulations or

allocations. The tribes regulate their

fisheries so as not to exceed their

allocations. Tribal fishing for rockfish

with fixed gear will operate under the

same rules as the open access fishery,

with one exception. The coastal tribes

intend to implement a 300-lb (136-kg)

trip limit for thornyheads taken with

longline gear, which is expected to

result in landings of 8,000–10,000 lb

(3,629–4,536 kg). For other groundfish

species, Makah tribal members may use

midwater trawl gear to take and retain

groundfish for which there is no tribal

allocation; those who do so will be

subject to the trip landing and frequency

and size limits applicable to the limited

entry fishery (50 CFR 660.324(k)).

Additional background regarding the

tribal allocations appears at 61 FR

28786, June 6, 1996 and 62 FR 700,

January 7, 1997 and the EA and updated

analysis for those actions.

The tribal allocations for black

rockfish and whiting are the same in

1998 as in 1997, and are based on the

same rationale. The whiting allocation

remains in effect as discussions on

quantification of the treaty right

continue in 1998. The tribal allocation

for salbefish remains at 10 percent of the

HG, and therefore is reduced from 780

mt in 1997 to 468 mt in 1998, to reflect

the reduction in the HG.

The tribal longline fishery has

operated under the same restrictions as

the open access fishery; therefore, no

special provisions have been needed for

this fishery. However, with the

prohibition of retention of thornyheads

in the open access fishery north of 36°N.

lat., (while thoryheads are retained in

the limited entry fishery), the tribal

fishery operating under open access

rules had no opportunity to retain even

incidental amounts of thornyheads.

Therefore, in order to allow tribal

fishers at least an opportunity for the

incidental harvest of species harvested

by non-treaty fishers, a 300-lb (136 kg)

‘‘per trip’’ limit is established for the

tribal longline fishery. NMFS Actions

For the reasons stated above, the

Assistant Administrator (AA)

announces the following tribal

allocations for 1998, including those

that are the same as in 1997:

Sablefish: 468 mt, 10 percent of the

HG.

Rockfish: For the commercial harvest

of black rockfish off Washington State

an HG of: 20,000 lb (9,072 kg) north of

Cape Alava (48°09′30′′ N. lat.) and

10,000 lb (4,536 kg) between

Destruction Island (47°40′00′′ N. lat.)

and Leadbetter Point (46°38′10′′ N. lat.).

this 30,000 lb (13.6 mt) is subtracted

from the HG for the northern Sebastes

complex. Thornyheads taken and

retained with longline gear are subject

to a 300 lb (136 kg) trip limit, which is

expected to result in landings of 8,000–

10,000 lb (3,629–4,536 kg).

Whiting: 25,000 mt for the Makah

tribe in 1998, 10.8 percent of the HG.

VI. Issuance of Exempted Fishing

Permits (EFPs) In 1997

In 1996, renewals were requested and

approved for three different types of

EFPs (formerly called ‘‘experimental

fishing permits’’): (1) The first was from

the State of Oregon (representing

Washington and California as well) for

the purpose of renewing the 1996 EFP

to monitor the bycatch of salmon in the

shore-based whiting fishery. Under this

permit, 45 vessels were issued EFPs that

required all salmon caught incidentally

in the whiting fishery to be landed

shore-side. A variation of the whiting

EFP also was requested by the State of

California so that a small number of

fishers could be allowed to fish for

whiting inside of the 100-fathom (183-

m) contour in the Eureka Management

Area, which currently is prohibited. The

purpose was to see if the bycatch rate of

salmon could be kept at acceptable

levels by this small, shore-based sector

of the fleet delivering to Eureka and

Crescent City, CA. At-sea observers

would be abroad all whiting trips. Even

though this variation to the whiting EFP

was approved, the industry declined to

participate.

(2) The second EFP was for a new,

enhanced data collection program that

applied to the other groundfish

fisheries. The application was submitted

by the State of Oregon, but could

include involvement by the States of

Washington and California as well. This

is a multi-year cooperative data

collection program with the industry

and state and Federal governments.

Twenty-five EFPs were issued in 1997.

The purpose of the experiment was to

monitor trip-limit-induced discards and

the bycatch of salmon and other nontarget species in the groundfish trawl

fishery. All participating vessels were

required to land salmon caught

incidentally in groundfish trawl gear

and to keep enhanced logbooks required

by the States. Some vessels were

required to carry at-sea observers to

monitor trip-limit induced discards, and

some vessels could have been required

to bring virtually their entire catch to

shore for additional monitoring
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 443

although this occurred infrequently in

1997.

(3) The purpose of the third EFP was

to collect reproductive samples for

sablefish to test assumptions in the

stock assessment for that species. An

EFP was requested because a vessel

would have been authorized to land 500

lb (227 kg) in excess of the cumulative

trip limit for trawl-caught sablefish (for

a total of 5 mt in 1996), and would have

been able to sell the scientific samples.

A state or Federal scientist would have

been aboard every trip to gather the

biological data. Although this permit

was approved and issued, it had not

been used at the time this notice was

prepared in late 1997—fish were

obtained directly from processors and

the EFP was not needed.

VII. EFPS Requested for 1998

NMFS has approved requests to

renew the whiting and enhanced data

collection EFPs for 1998. The whiting

EFP described in paragraph VI. will be

continued, pending development and

implementation of a regulation that

would authorize salmon to be retained

and landed in appropriate

circumstances. Fishers are concerned

that their practice of dumping codends

directly into the hold would make

monitoring of trip limits difficult, if not

impossible, and wanted the EFP

continued because it results in the

forfeiture of overages but does not

impose penalties for overages. The

scope of the experiment and level of

participation will be the same as in

1997.

Continuation of the enhanced data

collection program described in

paragraph VI. will also include several

minor changes. The major change will

enable data to be obtained on a vessel

throughout its fishing activities in a

month, even if the vessel is not fishing

for groundfish. This will provide

information on groundfish bycatch in

other fisheries (particularly shrimp

fisheries) and on a fisher’s choice to

pursue alternative fisheries or fishing

strategies. The program also could be

expanded to include whiting fisheries

when the whiting EFP no longer is in

effect.

Requests for these EFPs were

presented at the Council’s November

1997 meeting. Comments on the EFP

programs were invited at the November

1997 Council meeting and the Council

recommended approval. Now that

NMFS has approved the renewal, the

whiting EFPs could be issued as early as

March 1 for vessels delivering in the

State of California, and in the spring for

vessels operating under the enhanced

data collection EFP.

Classification

The final specifications and

management measures for 1998 are

issued under the authority of, and are in

accordance with, the Magnuson-Stevens

Act and 50 CFR parts 600 and 660

subpart G (the regulations implementing

the FMP).

Much of the data necessary for these

specifications and management

measures came from the current fishing

year. Because of the timing of the

receipt, development, review, and

analysis of the fishery information

necessary for setting the initial

specifications and management

measures, and the need to have these

specifications and management

measures in effect at the beginning of

the 1998 fishing year, the AA has

determined that there is good cause

under 5 U.S.C. 553(b)(B) to waive prior

notice and opportunity for public

comment for the specifications and

management measures. Amendment 4 to

the FMP, implemented on January 1,

1991, recognized these timeliness

considerations and set up a system by

which the interested public is notified,

through Federal Register publication

and Council mailings, of meetings and

of the development of these measures

and is provided the opportunity to

comment during the Council process.

The public participated in GMT,

Groundfish Advisory Subpanel,

Scientific and Statistical Committee,

and Council meetings in September and

November 1997 where these

recommendations were formulated.

Additional public comments on the

specifications and management

measures will be accepted for 30 days

after publication of this document in the

Federal Register. The Assistant

Administrator (AA) will consider all

comments made during the public

period and may make modifications as

appropriate.

The harvest specifications and the

management measures designed to

achieve those specifications announced

by this rule do not require any time to

come into compliance with. As

described above, the interested public

has participated in the Council process

where these regulations were

formulated. The Council has provided

information to the industry on the above

management measures and

specifications through the U.S. Coast

Guard Notice to Mariners and the States

of Washington, Oregon, and California

will also deciminate information.

Therefore, the AA finds, under 5 U.S.C.

553(d)(3), as applicable, that it would be

unnecessary or contrary to the public

interest to delay the effective date of the

specifications and management

measures.

NEPA: For the Annual Specifications

and Management Measures and

Exempted Fishing Permits—An

Environmental Impact Statement (EIS)

was prepared for the FMP in 1982 and

Supplemental EISs was prepared for

Amendments 4 and 6 in accordance

with the National Environmental Policy

Act (NEPA). The alternatives considered

and environmental impacts of the

actions in this notice are not

significantly different than those

considered in either the EIS or SEISs for

the FMP, and the actions fall within the

scope of these analyses. The Council

prepared an environmental assessment

(EA) which was the basis for this

conclusion.

For the Makah Whiting Allocation: An

EA also was prepared for the tribal

groundfish rule at 61 FR 28786 which

concluded that the proposed 1996

Makah allocation would have no

significant impact on the human

environment. NMFS updated the EA for

1997 and concluded, as it did in 1996,

that the 1997 Makah allocation would

have no significant impact on the

human environment. The 1998 whiting

HG and allocation are the same as in

1997 and are within the scope

previously analyzed; therefore an

additional EA was not prepared.

Therefore this action is categorically

excluded from the NEPA requirements

to prepare an environmental assessment

in accordance with paragraph 6.02b3(a)

of the NOAA Administrative Order 216–

6.

Dated: December 30, 1997.

Hilda Diaz-Soltero,

Acting Assistant Administrator, for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–34234 Filed 12–31–97; 10:15

am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 971205289–7313–02; I.D.

120497C]

RIN 0648–AK28

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Minimum Size Limit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and