Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 279

performed under, or claims made under,

warranties; service reports or similar

documents, including electronic

transmissions, from dealers or

manufacturer’s field personnel; and any

lists, compilations, analyses, or

discussions of such malfunctions

contained in internal or external

correspondence of the manufacturer,

including communications transmitted

electronically.

PART 577—DEFECT AND

NONCOMPLIANCE NOTIFICATION

7. The authority citation for part 577

continues to read as follows:

Authority: 49 U.S.C. 30102–30103, 30112,

30115, 30117–30121, 30166–30167;

delegations of authority at 49 CFR 1.50 and

49 CFR 501.8.

§ 577.5 [Amended]

8. Section 577.5 is amended by

removing paragraph (h) and

redesignating paragraph (i) as paragraph

(h).

Issued on: December 21, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–31583 Filed 12–29–95; 10:49 am]

BILLING CODE 4910–59–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 611 and 663

[Docket No. 951227306–5306–01; I.D.

121295C]

Foreign Fishing; Pacific Coast

Groundfish Fishery; Annual

Specifications and Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: 1996 groundfish fishery

specifications and management

measures; 1996 preliminary fishery

specifications for Pacific whiting;

receipt of applications for experimental

fishing permits; request for comments.

SUMMARY: NMFS announces the 1996

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

level of the acceptable biological catch

(ABC) and harvest guidelines including

the distribution between domestic and

foreign fishing operations. The harvest

guidelines are allocated between the

limited entry and open access fisheries.

The management measures for 1996 are

designed to keep landings within the

harvest guidelines, for those species for

which there are harvest guidelines, 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.

DATES: Effective 0001 hours (local time)

January 1, 1996, until the 1997 annual

specifications and management

measures are effective, unless modified,

superseded, or rescinded. The 1997

annual specifications and management

measures will be published in the

Federal Register. Comments will be

accepted until February 5, 1996.

ADDRESSES: Comments on these

specifications should be sent to Mr.

William Stelle, Jr., Director, Northwest

Region, National Marine Fisheries

Service, 7600 Sand Point Way N.E., BIN

C15700, Bldg. 1, Seattle, WA 98115–

0070; or Ms. Hilda Diaz-Soltero,

Director, Southwest Region, National

Marine Fisheries Service, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213. Information relevant to

these specifications and management

measures, including the stock

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 Director, Northwest

Region, NMFS (Regional Director), or

may be obtained from the Pacific

Fishery Management Council (Council),

by writing 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 Rodney R.

McInnis (Southwest Region, NMFS)

310–980–4040.

SUPPLEMENTARY INFORMATION: The FMP

requires that fishery specifications for

groundfish be evaluated each calendar

year, that harvest guidelines or quotas

be specified for species or species

groups in need of additional protection,

and that management measures

designed to achieve the harvest

guidelines 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 1996 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 October

1995 meeting.

I. Final Specifications: ABCs and

Harvest Guidelines; Apportionments to

Foreign and Joint Venture Fisheries;

Open Access and Limited Entry

Allocations

The fishery specifications include

ABCs, the designation of harvest

guidelines or quotas for species that

need individual management, the

apportionment of the harvest guidelines

or quotas between domestic and foreign

fisheries, and allocation between the

open access and limited entry segments

of the domestic fishery.

The final 1996 specifications for

ABCs, harvest guidelines, and limited

entry and open access allocations are

listed in Table 1, followed by a

discussion of each 1996 specification

that differs from 1995. The

apportionment between foreign and

domestic fisheries is explained

separately at the end of this section. As

in the past, the specifications include

fish caught in state ocean waters (0–3

nautical miles (nm) offshore) as well as

fish caught in the EEZ (3–200 nm

offshore).
280 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

TABLE 1.—1996 SPECIFICATIONS OF ACCEPTABLE BIOLOGICAL CATCH (ABC), HARVEST GUIDELINES, AND LIMITED ENTRY

AND OPEN ACCESS ALLOCATIONS, BY INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION (INPFC) SUBAREAS

Species

Acceptable biological catch (ABC)

(x 1,000 mt) Harvest

guideline

(x 1,000

mt)

Allocations

(x 1,000 mt)

Vancouver a Columbia Eureka Monterey ConceptionTotal

ABC

Limited entry Open access

1000 mt Percent 1000 mt Percent

Roundfish:

Lingcod b ............................ 1.3 0.3 0.7 0.1 2.4 2.4 1.21 80.9 0.29 19.1

Pacific cod ......................... 3.2 (c) (c) (c) 3.2 ................ ................ ................ ................

Pacific whiting d ................. Preliminary 123.0 123.0 98.4 ................ ................ ................ ................

Sablefish e f ........................ 8.7 0.425 9.1 7.8 6.557 93.4 0.463 6.6

Jack mackerel g ................. 52.6 ................ 52.6 52.6 ................ ................ ................ ................

Rockfish:

POPh ................................. 0.0 0.0 (c) (c) (c) 0.0 0.75 ................ ................ ................ ................

Shortbelly .......................... 23.5 23.5 23.5 ................ ................ ................ ................

Widow i .............................. 7.7 7.7 6.5 6.26 96.3 0.24 3.7

Thornyheads: .................... 8.0 ................ 8.0 ................ ................ 0.00 ................

Shortspine e j ............... 1.0 ................ 1.0 1.5 1.496 99.75 0.004 0.25

Longspine e j ............... 7.0 ................ 7.0 6.0 ................ ................ ................ ................

Sebastes complex: k .......... 11.9 13.2 11.9 N 11.2 N 10.12 90.4 1.08 9.6

13.2 S 13.2 S 8.76 67.4 4.24 32.6

Bocaccio l ................... (G5c) (c) 1.7 1.7 1.7 1.01 67.4 0.49 32.6

Canary m ..................... 1.0 0.25 (c) (c) 1.25 0.85 0.78 91.2 0.07 8.8

Chilipepper ................. (c) (c) 4.0 4.0 ................ ................ ................ ................

Yellowtail n .................. 1.19 2.9 2.58 (c) (c) 6.74 3.59 N 3.25 90.4 0.35 9.6

7 ................ ................ ................ 2.58 S 2.33 90.4 0.25 9.6

Remaining rockfish ........... 0.8 3.7 7.0 11.5 ................ ................ ................ ................

Flatfish:

Dover sole e o ..................... 0.82–1.57 3.0 2.9 3.16–4.36 1.0 10.88–

12.83

11.05

WOC

2.85 Col

................ ................ ................ ................

English sole ....................... 2.0 1.1 3.1 ................ ................ ................ ................

Petrale sole ....................... 1.2 0.5 0.8 0.2 2.7 ................ ................ ................ ................

Arrowtooth flounder ........... 5.8 5.8 ................ ................ ................ ................

Other flatfish ...................... 0.7 3.0 1.7 1.8 0.5 7.7 ................ ................ ................ ................

Other fish p ................................ 2.5 7.0 1.2 2.0 2.0 14.7 ................ ................ ................ ................

a U.S. Vancouver only, except for Pacific whiting.

bThe lingcod stock assessment covers the entire Vancouver INPFC area, including Canada, and the Columbia subarea north of Cape Falcon. The U.S. ABC is

based on 50 percent of the ABC for this assessment area plus 400 mt for the Columbia subarea south of Cape Falcon. The coastwide harvest guideline equals the

sum of the ABCs and includes a recreational harvest of 900 mt. The limited entry and open-access percents are applied only to the commercial portion of the harvest

guideline, which is 1,500 mt (the 2,400 mt harvest guideline minus 900 mt for estimated recreational harvest). cThese species are not common nor important in the areas footnoted. Accordingly, for convenience, Pacific cod is included in the ‘‘other fish’’ category for the

areas footnoted, and rockfish species are included in the ‘‘remaining rockfish’’ category for the areas footnoted only. dWhiting specifications are preliminary. The ABC is coastwide, including Canadian waters. The U.S. harvest guideline is preliminarily set at 80 percent of the U.S./

Canada ABC. The allocation to Washington coastal treaty tribes will be determined in a separate rulemaking. The 40 percent reserve for shore-based processing will

be based on the commercial portion of the harvest guideline (the U.S. harvest guideline minus the tribal allocation). e Dover sole, thornyheads, and trawl-caught sablefish are managed together as the ‘‘DTS complex’’ (formerly called the deepwater complex). There is no harvest

guideline for the DTS complex. fThe 7,800 mt sablefish harvest guideline is the 8,700 mt ABC north of the Conception subarea (north of 36° N. latitude) reduced by 900 mt for estimated discards.

The 7,800-mt harvest guideline is reduced by 780 mt for the treaty tribes before dividing the remaining 7,020 mt between the limited entry (6,557 mt) and open-access (463 mt) fisheries. The limited entry allocation is further allocated 58 percent (3,803 mt) to the trawl fishery, and 42 percent (2,754 mt) to the nontrawl fishery,

both of which are harvest guidelines. gOnly jack mackerel north of 39°00′ N. latitude are managed by the FMP. The ABC and harvest guideline include area beyond 200 nm. hThe POP harvest guideline for landed catch applies to the Vancouver/Columbia subareas combined.

iThe 6,500 mt harvest guideline for widow rockfish is derived by subtracting 16 percent for estimated discards (1,200 mt) from the ABC (7,700 mt).

jThe thornyhead ABCs and harvest guidelines apply north of Point Conception, CA. The harvest guideline represents landed catch. Limited entry and open-access

allocations are set for the first time for shortspine thornyheads because open-access harvest has exceeded traditional levels during the 1984–1988 window period. kThe Sebastes-North harvest guideline (11,200 mt) applies to the Vancouver and Columbia subareas and equals the sum of the ABCs as follows: canary (1,000

mt), yellowtail rockfish (6,740 mt coastwide minus 300 mt for the Eureka subarea), and remaining rockfish (4,500 mt), minus 720 mt for estimated discards (150 mt

for canary rockfish and 570 mt for yellowtail rockfish north of Cape Lookout). Within the Sebastes-North harvest guideline are two small harvest guidelines for commercial harvest of black rockfish by the Makah, Quileute, Hoh, and Quinault Indian tribes: 20,000 pounds (9,072 kg) for the EEZ north of Cape Alava (48°09′30′′ N.

latitude) and 10,000 pounds (4,536 kg) between Destruction Island (47°40′00′′ N. latitude) and Leadbetter Point 46°38′10′′ N. latitude). The Sebastes-South harvest

guideline is the sum of the ABCs for the species in the Eureka/Monterey/Conception subareas: bocaccio (1,700 mt), canary (250 mt), chilipepper (4,000 mt), yellowtail

rockfish (300 mt), and remaining rockfish (7,000 mt). lThe bocaccio harvest guideline applies to the Eureka, Monterey, and Conception subareas; as trip-limit induced discards are believed to be minimal, there is no

deduction for discards. The open-access and limited entry allocation percentages for bocaccio are applied only to the commercial portion of the harvest guideline,

which is 1,500 mt in 1995 (1,700 mt harvest guideline minus 200 mt estimated recreational harvest). m The canary rockfish harvest guideline for the Vancouver/Columbia area is the sum of the ABCs minus 150 mt for estimated discards. nThe 1993 yellowtail rockfish assessment addressed three separate areas: U.S. Vancouver; Columbia north of Cape Falcon; and Columbia south of Cape Falcon

plus Eureka. For this table, the 2,970 mt Columbia ABC is for north Columbia only, and the Eureka ABC is for the Eureka subarea plus south Columbia. The total

ABC for yellowtail rockfish is divided into two harvest guidelines: 3,600 mt for the northern area (4,160 mt for Vancouver plus Columbia north of Cape Lookout, close

to Cape Falcon minus 570 mt for discards) and 2,580 mt for the southern area (Eureka plus Columbia area south of Cape Lookout). The harvest guidelines for the

Sebastes complex apply to different areas, north and south of the Columbia/Eureka border at 43°00′00′′ N. latitude. For calculating the Sebastes complex harvest

guidelines, 300 mt of yellowtail rockfish is estimated for the Eureka subarea. Therefore, 300 mt of the yellowtail rockfish southern harvest guideline is included in the

southern Sebastes complex harvest guideline, and the remainder of the yellowtail rockfish southern harvest guideline is included in the northern Sebastes complex

harvest guideline.) oThe 11,050 mt coastwide harvest guideline for Dover sole (the upper end of the ABC range for the Vancouver subarea and the lower end of the ABC for the Monterey subarea (which are the recent average catches in those two subareas), plus the ABCs for the Columbia, Eureka and Conception subareas, minus 580 mt for

estimated discards. The coastwide harvest guideline includes a 2,850 mt harvest guideline for the Columbia subarea (3,000 mt ABC minus 150 mt estimated discards). p Includes sharks, skates, rays, ratfish, morids, grenadiers, and other groundfish species noted above in footnote c.
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 281

Changes to the ABCs and Harvest

Guidelines

The ABCs represent the total catch—

amounts that are discarded as well as

retained. Information considered in

determining the ABCs is available from

the Council and was made available to

the public, before the Council’s October

1995 meeting, in the Council’s SAFE

document (see ADDRESSES). The 1996

final ABCs are changed from the 1995

ABCs only for Dover sole, as explained

below. The preliminary whiting ABC for

1996 also differs from the 1995 ABC.

These changes are based on the best

available scientific information.

Changes that result only from rounding

are not explained.

Those species or species groups

managed with harvest guidelines in

1995 will continue to be managed with

harvest guidelines in 1996. As in 1995,

no quotas are established. The 1996

harvest guidelines differ from those in

1995 for: Pacific ocean perch (POP), the

Sebastes complex in the Vancouver/

Columbia subareas (north of 43°00′ N.

lat.), yellowtail rockfish north of Cape

Lookout (45°20′15′′ N. lat.), and Dover

sole coastwide. The preliminary harvest

guideline for Pacific whiting (whiting)

in 1996 also differs from the 1995

harvest guideline. Where information is

available, a discard factor is subtracted

from the ABC to determine the harvest

guideline. Therefore, except for whiting,

the 1996 harvest guidelines represent

only that portion of the catch that is

landed.

The changes to the ABCs and harvest

guidelines are described briefly below.

All other ABC and annual harvest

guideline specifications announced for

1995 (Table 1 at 60 FR 2331, January 9,

1995) will apply again in 1996 and are

included in Table 1. More detailed

information appears in the Council’s

SAFE document (September 1995), the

‘‘Final Groundfish Management Team

Acceptable Biological Catch and Harvest

Guideline Recommendations for 1996’’

(GMT Report C.1.) from the October

1995 Council meeting, and the Council’s

newsletters for its August and October

1995 meetings (see ADDRESSES).

POP

Since 1981, POP has been managed

under a schedule intended to rebuild

POP to a level that would annually

support removals of 1,000 metric tons

(mt). Landings were higher than this as

recently as 1993. To achieve an annual

harvest of about 1,000 mt while

maintaining a biologically sound

harvest rate, the current biomass would

have to double. This would be a slow

process unless there is a fortuitous

sequence of large recruitments. The

harvest guideline for POP is meant to

accommodate only small, incidental

catches and, therefore, is not a target to

be achieved deliberately. Trip limits for

POP will not be increased to achieve the

harvest guideline, and may be reduced

if landings are too high. The harvest

guideline for POP is reduced from 1,300

mt in 1995 to 750 mt in 1996, close to

the projected landings in 1995.

Yellowtail Rockfish—North

The 1996 harvest guideline for

yellowtail rockfish north of Cape

Lookout is reduced by 570 mt, from

4,160 mt in 1995 to 3,590 mt in 1996,

to account for trip-limit induced

discards in that area. The harvest

guideline in 1996 represents landings

rather than total catch. Before 1996, the

harvest guideline represented total

catch, and estimates of discards were

added to landings during the season.

Sebastes Complex—North

The harvest guideline for the Sebastes

complex in the Vancouver and

Columbia subareas, which consists of

the sum of the ABCs of the different

species that make up the complex

minus estimated discards, is reduced by

570 mt, from 11,800 mt in 1995 to

11,200 mt in 1996 (rounded to the

nearest hundred mt). This amount

represents the difference after

subtracting the estimate of discards for

yellowtail rockfish.

As in 1995, the 1996 ABCs and

harvest guidelines for the Sebastes

complex and yellowtail rockfish apply

to different areas due to differences in

stock assessment areas. The ABCs and

harvest guidelines for the Sebastes

complex apply north and south of

43°00′00′′ N. lat. (the Columbia/Eureka

subarea boundary). The yellowtail

rockfish ABCs in the Columbia area are

divided at Cape Falcon (45°46′00′′ N.

lat.), which is the boundary used in the

stock assessment, and the harvest

guidelines are divided at Cape Lookout

(45°20′15′′ N. lat.), about 26 nm to the

south, for management purposes.

Dover Sole

New stock assessments were

conducted for Dover sole in the

Vancouver and Monterey subareas.

However, uncertainty in the stock

assessments and the surveys on which

they are based prompted the Council to

recommend ranges of ABCs for these

two subareas in 1996. In the Vancouver

subarea, the lower end of the ABC range

(820 mt) is the ABC recommended in

the recent stock assessment, and the

upper end (1,570 mt) is based on the

1990–94 average landings. In the

Monterey subarea, the lower end of the

ABC range (3,160 mt) is based on the

1990–94 average landings and the upper

end (4,360 mt) is the level proposed in

the recent stock assessment. The 1996

coastwide ABC is the sum of the area

ABCs, which ranges from 10,880 mt to

12,830 mt.

The 1996 coastwide harvest guideline

for Dover sole is based on the recent

average catch in the Vancouver and

Monterey subareas (the upper end of the

Vancouver ABC range and the lower

end of the Monterey ABC range), plus

the ABCs for the Columbia, Eureka, and

Conception subareas, which are the

same as in 1995. The total is then

reduced by 5 percent (580 mt) for

expected discards. The 1996 coastwide

harvest guideline is 11,050 mt, which is

reduced from 13,600 mt in 1995. The

harvest guideline for Dover sole in the

Columbia subarea is the same as in

1995.

Whiting—Preliminary

In order to consider the results of a

new stock assessment, the Council has

recommended only the preliminary

whiting ABC and harvest guideline at

this time, and will recommend the final

ABC and harvest guideline in March

1996.

In 1994, the ABC for whiting was

substantially higher than in previous

years, primarily because it was based on

data from the 1992 hydroacoustic

survey that utilized new, more sensitive

equipment, and extended farther

offshore and farther north to encompass

the species’ range. To provide for

cautious exploitation until the 1992

survey results could be confirmed, a

conservative harvest rate policy was

adopted in 1994 and 1995 to minimize

the risk to the resource if the ABC were

later found to be too high. The most

recent stock assessment, prepared in

1995, supported resumption of the

moderate exploitation rate, and the

Council recommended a preliminary

1996 whiting ABC (for the U.S. and

Canada combined) of 123,000 mt,

assuming large recruitment from the

1994 year class. This continues the

decline in ABC from 325,000 mt in 1994

and 223,000 mt in 1995, as the strong

1980 and 1984 year classes become less

abundant. As in recent years, the

preliminary U.S. harvest guideline is 80

percent of the U.S.-Canada ABC (98,400

mt). An update to the 1995 stock

assessment based on the results of the

summer/fall 1995 hydroacoustic survey

is expected to be completed early in

1996. The Council will review the

results of the new stock assessment at

its March 1996 meeting and will

recommend the final ABC and harvest
282 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

guideline at that time. The final ABC

may be higher or lower than the

preliminary ABC.

The recent overages have not caused

a biological problem, particularly given

the large increase in the ABC in 1994

and use of a conservative exploitation

rate in 1994 and 1995. Even though the

preliminary ABC and harvest guideline

return to a higher, moderate exploitation

rate, the total harvest in 1996 is

expected to be lower than the

overfishing level. Bilateral discussions

with Canada are expected to continue.

The regulations at 50 CFR 663.23(b)(4)

set aside 40 percent of the U.S. harvest

guideline in 1994–96 for priority use by

vessels delivering whiting to shoreside

processors. The amount available for

this shoreside reserve in 1996 depends

on the level of the final U.S. harvest

guideline and the amount set aside for

tribal fisheries, which are not yet

determined.

Setting Harvest Guidelines Greater Than

ABC

In most cases, harvest guidelines are

less than or equal to the ABCs, or

prorated ABCs, for specific areas.

However, for 1996 as in 1995, the

Council recommended harvest

guidelines that exceed the ABCs for two

species, POP and shortspine

thornyheads. The FMP requires that the

Council consider certain factors when

setting a harvest guideline above an

ABC. These factors were analyzed by

the Council’s groundfish management

team (GMT) and considered at the

Council’s October 1995 meeting before

the Council recommended the 1996

harvest guidelines. These factors also

were considered when establishing the

20-year rebuilding schedule for POP in

the 1981 FMP, in the most recent stock

assessments for POP (in the September

1995 SAFE document) and shortspine

thornyheads (in the October 1994 SAFE

document), and in the GMT’s

recommendations for 1996 (GMT Report

C.1., October 1995).

Overfishing

The FMP defines ‘‘overfishing’’ as a

fishing mortality rate that would, in the

long term, reduce the spawning biomass

per recruit below 20 percent of what it

would have been if the stock had never

been exploited (unless the species is

above the level that would produce

maximum sustainable yield (MSY)). The

rate is defined in terms of the

percentage of the stock removed per

year.

Therefore, high catch rates can cause

overfishing at any stock abundance

level. Conversely, overfishing does not

necessarily occur for stocks at low

abundance levels if the catch can be

kept to a sufficiently small fraction of

that stock level. The target rate of

exploitation for Pacific Coast groundfish

typically is the rate that would reduce

spawning biomass per recruit to 35

percent of its unfished level. This

desired rate of fishing will always be

less than the overfishing rate, so there

is a buffer between the management

target and the level that could harm the

stock’s long-term potential productivity.

If the overfishing level is reached, the

Guidelines for Fishery Management

Plans at 50 CFR part 602 require the

Council to identify actions to be

undertaken to alleviate overfishing.

None of the ABCs for 1996 reaches or

exceeds the level of overfishing.

However, for those species whose

harvest guidelines exceed ABC (POP

and shortspine thornyheads), the

harvest guideline approaches the

overfishing level. In addition, the

overfishing level for POP and shortspine

thornyheads was projected to be

reached in 1995. Landings of POP were

projected at 857 mt in 1995, very close

to the 852 mt overfishing level for

landed catch. Landings of shortspine

thornyheads were projected at about

1,800 mt through November 1995, but

total catch may have exceeded the 1,757

mt overfishing level (for total catch) by

as much as 170 mt (10 percent),

depending on assumptions made about

the level of trip-limit induced discards.

Further discussion appears in the GMT

Supplemental Report C.1. (October

1995). Overfishing in 1996 will be

avoided by establishment or reduction

of harvest guidelines and by more

restrictive management of the fisheries

for these species.

Discards

In 1996, the ABCs represent total

catch, and the harvest guidelines, except

for whiting, represent only that portion

of the catch that is landed. 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, so discard factors have been

developed to account for this extra

catch. A level previously measured for

widow rockfish (about 16 percent of the

total catch) in a scientific study is

assumed to be appropriate for the

commercial fisheries for widow

rockfish, yellowtail rockfish (in the

northern area), canary rockfish, and

POP. A discard level of 8 percent is

used for the deepwater thornyhead

fishery, 5 percent for Dover sole, and 20

percent for sablefish. The discard factors

are typically applied by setting the

harvest guideline for landed catch at a

level that is equal to the ABC minus

expected discard. More detailed

information is found in the Council’s

SAFE document.

Foreign and Joint Venture Fisheries

For those species needing individual

management 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. The harvest guidelines or

quotas for these species may be

apportioned to domestic annual harvest

(DAH, which includes domestic annual

processing (DAP) and joint venture

processing (JVP)) and to the total

allowable level of foreign fishing

(TALFF). In January 1996, no surplus

groundfish are available for joint

venture or foreign fishing operations.

Consequently, all the harvest guidelines

in 1996 are designated entirely for DAP

(which also equals DAH), and JVP and

TALFF are set at zero.

In the unlikely event that fish are

reallocated inseason and a foreign or

joint venture fishery should occur, the

incidental catch levels would be as

follows: For a whiting fishery, the same

as announced at Table 2, footnote 1 of

58 FR 2990 (January 7, 1993); for a jack

mackerel joint venture, initially the

same as those suggested in section

12.5.2 of the FMP but subject to change

during the year.

II. The Limited Entry Program

Amendment 6 to 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 at section II.E. of the appendix

to 50 CFR part 663, 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 October 1995

meeting, the Council recommended the

species and areas subject to open access

and limited entry allocations in 1996,

and the Regional Director calculated the

amounts of the allocations that are
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 283

presented in Table 1. Unless otherwise

specified, the limited entry and open

access allocations are treated as harvest

guidelines in 1996.

Open Access Allocations

The open access fishery is composed

of vessels using (1) exempt gear, or (2)

longline or pot (trap) gear used pursuant

to the harvest guidelines, quotas, and

other management measures governing

the open access fishery. 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 annual harvest

guideline or quota after subtracting any

set-asides for recreational fishing or

treaty Indians (see sections II.E.(b) and

(c) of the Appendix to 50 CFR part 663).

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 anticipated. At the time the

calculations were made, the status of

some vessels (whether they would

receive a limited entry permit) was not

certain. These amounts are minor and

would not affect the level of trip limits

for the limited entry or open access

fisheries.

At its October 1995 meeting, the

Council learned that the harvest of

shortspine thornyheads in 1995 had

increased from the level of harvest

during the 1984–88 limited entry

window period. More than 150 mt of

shortspine thornyheads were landed in

California alone in 1995, whereas the

coastwide harvest by open access gear

during the 1984–88 window period was

less than one percent (15 mt) of the

harvest guideline. Consequently, the

Council recommended that an open

access allocation for shortspine

thornyheads be set in 1996 and that

management measures be implemented

to keep landings within that harvest

guideline. The open access allocation

percentage for shortspine thornyheads

subsequently was determined to be 0.25

percent of the harvest guideline, which

is 4 mt in 1996.

Limited Entry Allocations

The limited entry fishery means the

fishery composed of vessels using

limited entry gear fished pursuant to the

harvest guidelines, 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 50

CFR part 663, 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 Arena, CA.)

The limited entry allocation is the

allowable catch (harvest guideline or

quota) reduced by: (1) Set-asides, if any,

for treaty Indian fisheries or recreational

fisheries; and (2) the open access

allocation.

Recreational Harvest

Before calculating limited entry and

open access allocations, estimates of

recreational fishing currently are

subtracted for two species, 200 mt for

bocaccio (which also is reflected in the

allocations for the Sebastes complex in

the Eureka, Monterey, and Conception

subareas), and 900 mt for lingcod.

Washington Coastal Tribal Fisheries

The treaty Indian fisheries will be

managed by the tribes. The treaty Indian

fisheries for sablefish and whiting are

not governed by the limited entry or

open access regulations or allocations.

Sablefish

From 1991 through 1994, the

Washington Coastal Treaty Tribes

conducted a tribal sablefish fishery of

300 mt that was recognized in these

annual management measures. In 1994,

the U.S. Government formally

recognized the treaty right to fish for

groundfish of the four Washington

Coastal Treaty Tribes (the Makah, Hoh,

Quileute, 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 (marine waters

under U.S. jurisdiction north of

46°53′18′′ N. lat. and east of 125°44′00′′

W. long.). For 1996 as in 1995, the

tribes’ treaty right to sablefish is 10

percent of the sablefish harvest

guideline, or 780 mt in 1996.

Whiting

The Washington Coastal Treaty Tribes

have requested that whiting be set aside

for tribal fishing in 1996. The amount of

the tribal allocation for 1996 has not yet

been determined, and will be

announced in a separate rulemaking

that will provide a procedure for

implementing tribal treaty rights for

groundfish.

Rockfish

The tribes continue to have a small

harvest guideline, the same as in 1995,

for black rockfish off Washington State,

to which the non-tribal trip limits do

not apply (50 CFR 663.23(b)). For other

rockfish, the open access trip limits will

apply for fixed gear. The limited entry

trip limits will apply for trawl-caught

rockfish, and this will be implemented

with a separate rule governing tribal

groundfish.

III. 1996 Management Measures

Projections of landings in 1995 are

based on the information available to

the Council at its October 1995 meeting

(GMT Supplemental Report C.3.a.,

October 1995).

A. Limited Entry Fishery

The following management measures

apply to vessels operating in the limited

entry fishery after January 1, 1996, and

are designed to keep landings within the

harvest guidelines 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 limit on the number of

landings. However, in response to the

industry’s concerns about discards and

the difficulty of accurately weighing

small amounts of fish at sea to assure

compliance with trip limits, 2-month

rather than 1-month cumulative limits

will be used for the limited entry fishery

in 1996. However, no more than 60

percent of the 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.

The 2-month periods are: JanuaryFebruary, March-April, May-June, JulyAugust, September-October, NovemberDecember.

Widow rockfish

In 1995, the cumulative trip limit for

widow rockfish continued at 30,000 lb

(13,608 kg) per month until July 14,

when it was increased to 45,000 lb

(20,412 kg) per month. Landings are

projected to exceed the 6,500-mt harvest

guideline by about 1 percent in 1995. In

1996, a 2-month cumulative limit of

70,000 lb (31,752 kg) will be

implemented, which is intended to
284 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

reduce the need for abrupt adjustment

during the year.

The Sebastes complex (including

yellowtail rockfish, canary rockfish, and

bocaccio). In 1995, three different

cumulative monthly trip limits were set

for the Sebastes complex, which

continued throughout the year: 35,000

lb (15,876 kg) north of Cape Lookout,

50,000 lb (22,680 kg) between Cape

Lookout and Cape Mendocino, and

100,000 lb (45,359 kg) south of Cape

Mendocino. The monthly cumulative

trip limit for yellowtail rockfish was

18,000 lb (8,165 kg) north of Cape

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

between Cape Lookout and Cape

Mendocino until May 1, when it was

increased to 18,000 lb (8,165 kg) north

of Cape Lookout and 40,000 lb (18,144

kg) between Cape Lookout and Cape

Mendocino. The cumulative monthly

trip limit for canary rockfish was 6,000

lb (2,722 kg) coastwide until August 1,

when it was increased to 9,000 lb (4,082

kg). By the end of 1995, landings are

projected as follows: Sebastes complex

in the Vancouver/Columbia subarea—

6,825 mt (30 percent below the harvest

guideline); yellowtail rockfish north of

Cape Lookout—3,416 mt (5 percent over

the harvest guideline); yellowtail

rockfish south of Cape Lookout—1,489

mt (27 percent below the harvest

guideline); canary rockfish—627 mt (26

percent below the harvest guideline);

and bocaccio—741 mt (39 percent below

the harvest guideline).

In January 1996, the 2-month

cumulative trip limits for the Sebastes

complex will be: 70,000 lb (31,752 kg)

north of Cape Lookout, 100,000 lb

(45,359 kg) between Cape Lookout and

Cape Mendocino, and 200,000 lb

(90,719 kg) south of Cape Mendocino.

Two-month cumulative limits also

apply to yellowtail rockfish, canary

rockfish and bocaccio, which also count

toward the limits for the Sebastes

complex. These 2-month cumulative

limits are: Yellowtail rockfish—32,000

lb (14,515 kg) north of Cape Lookout or

70,000 lb (31,752 kg) between Cape

Lookout and Cape Mendocino; canary

rockfish—18,000 lb (8,165 kg); bocaccio

south of Cape Mendocino—60,000 lb

(27,216 kg).

The declaration procedures

implemented by the States of

Washington and Oregon for vessels

operating north and south of Cape

Lookout remain in effect for the

Sebastes complex and yellowtail

rockfish. The declarations enable a

vessel to operate both north and south

of Cape Lookout during the trip limit

period, and to take and retain the more

liberal, southern limits of the Sebastes

complex and yellowtail rockfish, but

only if the appropriate state is notified,

as required by state law. In 1996, the

trip limit period is changed to 2 months

for most limited entry fisheries, and

remains at 1 month for most open access

fisheries.

POP

In 1995, the cumulative trip limit for

POP of 6,000 lb (2,722 kg) per month

continued throughout the year.

Landings were projected to be 785 mt at

the end of 1995, 36 percent below the

harvest guideline. The 1996 harvest

guideline was reduced close to the level

of 1995 landings, and the cumulative

trip limit is changed to 10,000 lb (4,536

kg) per 2-month period. POP is managed

to achieve a rebuilding schedule, so trip

limits will not be increased to achieve

the harvest guideline.

Sablefish

The sablefish harvest guideline is

subdivided among several fisheries. The

tribal fishery allocation is set aside prior

to dividing the balance of the harvest

guideline 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.

Landings of sablefish are expected to be

close to the 7,800 mt harvest guideline

in 1995.

DTS complex (Dover sole,

thornyheads, and trawl-caught

sablefish). In 1995, the two cumulative

monthly trip limits for the DTS complex

remained in effect until December 1:

35,000 lb (15,876 kg) north of Cape

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

south of Cape Mendocino. This

differential trip limit was intended to

provide additional protection for

shortspine thornyheads, the most

valuable and least abundant species in

the DTS complex, while encouraging

the harvest of Dover sole in more

southern areas. In 1996, the trip limit

will be doubled to accommodate the 2-

month periods: 70,000 lb (31,752 kg)

north of Cape Mendocino, and 100,000

lb (45,359 kg) south of Cape Mendocino.

Further protection for shortspine

thornyheads was provided by managing

the two thornyhead species separately

in 1995. On January 1, a cumulative trip

limit was set for shortspine and

longspine thornyheads combined of

20,000 lb (9,072 kg) per month,

containing no more than 4,000 lb (1,814

kg) of shortspine thornyheads. On April

1, the monthly cumulative limit was

reduced to 15,000 lb (6,804 kg) of

thornyheads, containing no more than

3,000 lb (1,361 kg) of shortspine

thornyheads. On September 1, the

cumulative monthly limit was reduced

further to 8,000 lb (3,629 kg) of

thornyheads, of which no more than

1,500 lb (680 kg) could be shortspines.

Even so, landings of shortspine

thornyheads reached the harvest

guideline on September 20, and are

projected to exceed the overfishing level

by as much as 170 mt, even with the

fishery closure in December. Landings

of longspine thornyheads are projected

to be about 5,800 mt in 1995, 200 mt

below its harvest guideline. Landings of

both thornyhead species were

prohibited on December 1, since the two

species often are caught together. In

January 1996, the trip limits for

thornyheads are half the amount of

limits in effect at the beginning of 1995:

20,000 lb (9,072 kg) of thornyheads in

a 2-month period, of which no more

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

shortspine thornyheads.

The monthly cumulative trip limit for

trawl-caught sablefish remained at 6,000

lb (2,722 kg) cumulative per month from

July 1994 until it was raised to 7,000 lb

(3,175 kg) on May 1, 1995. The ‘‘per

trip’’ limit for sablefish smaller than 22

inches (56 cm) remained at 500 lb (227

kg). Landings of trawl-caught sablefish

were projected to exceed the limited

entry trawl allocation by the end of

1995. Therefore, to keep landings within

the trawl allocation, and because

shortspine thornyheads often are caught

with sablefish, the trawl fishery for

sablefish also was closed on December

1. In 1995, landings are projected to be

very close to the limited entry trawl

allocation of 3,803 mt. In 1996, the

cumulative trip limit is doubled to

12,000 lb (5,443 kg) to accommodate the

new, 2-month cumulative trip limit

period. The 500-lb (227-kg) per-trip

limit for sablefish smaller than 22

inches (56 cm) remains in effect.

Dover sole were managed somewhat

indirectly in 1995, as in previous years.

Until December 1, the amount of the

DTS limit that was not comprised of

thornyheads or trawl-caught sablefish

could be Dover sole. A ‘‘per trip’’ limit

of 3,000 lb (1,361 kg) was implemented

on December 1, concurrent with the

closure of the limited entry and open

access fisheries for thornyheads and

trawl-caught sablefish, to accommodate

bycatch in the petrale sole fishery.

Landings of Dover sole are expected to

be far below its harvest guidelines in

1995 (projected at 42 percent below the

coastwide harvest guideline and 30

percent below the Columbia subarea

harvest guideline, even before the
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 285

reduction to 3,000 lb (1,361 kg)

cumulative in December 1995). These

‘‘underages’’ were not addressed by

increasing the trip limits in 1995

because of the close association of Dover

sole, sablefish, and thornyheads, and

new information supporting more

cautious management of Dover sole. In

1996, Dover sole will be managed the

same as in 1995; the trip limit will be

the amount of the DTS limit remaining

after subtracting landings of sablefish

and thornyheads.

Nontrawl sablefish

Small daily trip limits were applied to

the nontrawl fishery again in 1995

before and after the August 6–13, 1995,

‘‘regular’’ and September 1–31, 1995,

‘‘mop-up’’ seasons. A 300-lb (136-kg)

daily trip limit was applied only north

of the Conception subarea (36°00′00′′ N.

lat.), the same area covered by the

harvest guideline. In the Conception

area, where there is no harvest guideline

and landings had been below the 425-

mt ABC, the daily trip limit was 350 lb

(159 kg) to accommodate most landings

without encouraging excessive effort

shifts into that area. 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. In 1995,

the regular (derby) season was preceded

by a 72-hour closure for all limited entry

and open access fixed gear used to take

and retain groundfish, with one

exception. Pot gear could be set 24

hours before the regular season because

this gear takes longer to deploy.

Landings in 1995 are expected to be just

below the limited entry nontrawl

allocation for sablefish of 2,754 mt.

In 1996, the same daily trip limits for

the limited entry fishery will apply

outside the regular and mop-up seasons

and any closure. The ‘‘per trip’’ limit for

nontrawl sablefish smaller than 22

inches (56 cm) will remain in effect

during the regular and mop-up fisheries,

but, for ease of calculation, the

percentage is modified to apply only to

legal sablefish 22 inches (56 cm) or

larger (total length). The Council

recommended that the date of the

regular season be changed to September

1 in 1996. This change has not yet been

approved by NMFS. The Council also is

considering different management

strategies for 1997 and beyond, but has

not yet submitted a recommendation to

NMFS.

Whiting

Approximately 176,600 mt of whiting

was harvested in 1995, 74,000 mt by the

shore-based fleet and 102,600 mt by the

at-sea processing sector (which includes

deliveries to motherships). 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′00′′-43°00′00′′ N. lat.) continues

in effect in 1996. Additional regulations,

including the allocation of whiting to

vessels that deliver shoreside and those

that deliver at-sea, are found at 50 CFR

663.23(b) (3) and (4). The Council has

recommended that the start of the

regular season north of 42° N. lat. be

changed from April 15 to May 15, but

this recommendation has not yet been

approved by NMFS.

Lingcod

Throughout 1995, lingcod was

managed under a monthly cumulative

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

Lingcod smaller than 22 inches (56 cm)

could not be landed in the commercial

or recreational fisheries until August 1,

1995, when a 100-lb (45-kg) per trip

exception was made for trawl-caught

lingcod. Landings of lingcod are

projected at 1,431 mt in 1995, 3 percent

below the harvest guideline. To

maintain similar landing rates in 1996,

the cumulative limit is doubled to

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

period.

Black Rockfish

Black rockfish off the State of

Washington continue to be managed

under the regulations at 50 CFR

663.23(b). The State of Oregon

implements trip limits for black rockfish

off the Oregon coast. The Council has

considered trip limits off Oregon but has

not yet submitted its recommendation to

NMFS for review.

B. 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 1996

are the same as in 1995 with several

exceptions, explained below.

(1) As in 1995, any more restrictive

limits imposed on limited entry vessels

also apply to open access vessels.

However, in 1996, a vessel operating in

the open access fishery may not, in any

calendar month, exceed 50 percent of

any 2-month cumulative trip limit in the

limited entry fishery. This is intended to

maintain a relatively consistent pattern

of landings and to discourage new entry

into the open access fishery.

(2) A daily trip limit is added for

thornyheads to keep landings within the

new open access allocation (4 mt in

1996). Landings of shortspine

thornyheads by open access vessels are

estimated at over 150 mt in 1995, much

higher than landings during the 1984–

88 window period. The best available

information at the October 1995 Council

meeting indicated that a trip limit of 50

lb (23 kg) per day would accommodate

most open access trips, but still may be

too liberal to keep landings within the

open access allocation in 1996. After the

Council made its recommendation,

some members of the industry stated

that 50 lb (23 kg) per day was too low

to sustain current fisheries south of

Point Conception CA (34°27′ N. lat.).

Historical landings by open access

vessels were less than 1 percent

coastwide during the window period, so

they were even smaller south of Pt.

Conception, suggesting this is new effort

in the area which the FMP seeks to

discourage. Nonetheless, the Council

may reconsider this issue in the future.

(3) The open access trip limits in 1995

applied to all shrimp and prawn gear. In

1996, they will apply only to shrimp/

prawn trawl gear because the open

access trip limits for pots already

accommodate shrimp gear that conforms

with the Federal requirements for

groundfish pots: To have biodegradable

escape panels constructed with #21 or

smaller untreated cotton twine in such

a manner that an opening at least 8

inches (20.5 cm) in diameter results

when the twine deteriorates (50 CFR

663.22(e)).

C. 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, whether or not

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 exceed any trip

limit, frequency limit, and/or size limit

for the same gear and/or subarea in the

limited entry fishery (as announced in

this Federal Register document in

paragraphs titled ‘‘limited entry’’). 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 one month, a trawl vessel

catches 6,000 lb (2,722 kg) of sablefish

in the limited entry fishery, and in the

same month catches 1,500 lb (680 kg) of

sablefish with shrimp trawl (open

access) gear, for a total of 7,500 lb (3,402

kg) of sablefish. Because the open access

landings are counted toward the limited

entry limit, the vessel would have
286 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

exceeded its limited entry, cumulative

limit of 7,200 lb (3,266 kg) (60 percent

of the 12,000-lb (5,443-kg) 2-month

cumulative limit for the limited entry

fishery).

D. 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 yellowtail rockfish, black rockfish,

and the Sebastes complex), the same

cross-over provisions utilized in 1995

will apply.

E. Changes to Trip Limits; Closures

Unless otherwise stated, 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 663.2, the definition of

‘‘landing’’).

F. Designated Species B Permits

Designated species B permits may be

issued if the limited entry fleet will not

fully utilize the harvest guideline for

Pacific whiting, shortbelly rockfish, or

jack mackerel. However, the limited

entry fleet has requested the full use of

these species in 1996, so issuance of

designated species B permits is not

expected. If designated species B

permits for jack mackerel are issued, the

bycatch limits announced in the 1995

annual management measures (60 FR

2331, January 9, 1995) may be used or

modified.

G. Recreational Fishing

Bag limits in the 1996 recreational

fishery remain the same as in 1995.

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 1996,

including those that are the same as in

1995.

A. General Definitions and Provisions

The following definitions and

provisions apply to the 1996

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 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. 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; this is

called the ‘‘60-percent monthly limit.’’

The 2-month periods are: January–

February, March–April, May–June,

July–August, September–October,

November–December.

(ii) Open access fishery. Unless

otherwise specified, cumulative trip

limits apply to 1-month periods in the

open access fishery. Within these 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

the open access fishery; this is called

the ‘‘50-percent monthly limit.’’

(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 in the

regulations at 50 CFR 663.2, 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.

(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 663, the Magnuson Fishery

Conservation and Management Act

(Magnuson Act), any notice issued

under subpart B of part 663, and any

other regulation promulgated or permit

issued under the Magnuson 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 will

be 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 will be 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 the regulations at 50

CFR 663.2.) Unless otherwise

announced in the Federal Register,

offloading must begin before the time

the fishery closes.

(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 fishery management

area, unless otherwise demonstrated by

the person in possession of those fish.

(9) Inseason 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
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 287

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 663.7(t)).

(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 663.23(b)).

They also do not apply to the trip limits

for yellowtail rockfish and the Sebastes

complex when the vessel is in

compliance with paragraph IV.C.(2)(c)

below.

If a vessel fishes, for any species, in

an area where a more restrictive 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. Similarly, 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 possesses or

lands that species (or species complex)

in an area where a more restrictive trip

limit applies, then that vessel is subject

to the more restrictive trip limit for that

trip limit period.

In 1996, 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.

(13) Sorting. Regulations at 50 CFR

663.7(l) make it unlawful for any person

to ‘‘fail to sort, prior to the first

weighing after offloading, 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.

[Note: The Council has recommended that

this regulation be changed to require all

species or species groups with a trip limit,

harvest guideline, 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. If approved,

the regulation is expected to be implemented

in 1996, after publication in the Federal

Register.]

(14) Experimental fisheries. U.S.

vessels operating under an experimental

fishing permit issued under 50 CFR

663.10 also are subject to these

restrictions, unless otherwise provided

in the permit.

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

below pertain to the commercial

groundfish fishery. The provisions in

paragraphs IV.B. through IV.I. 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.J.

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 Conception, CA—34°27′ N.

lat.

(e) International North Pacific

Fisheries Commission (INPFC) subareas

(for more precise coordinates for the

Canadian and Mexican boundaries, see

50 CFR 663.5):

(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. Widow Rockfish (Widow rockfish are

commonly called brownies)

(1) Limited entry fishery. The

cumulative trip limit for widow rockfish

is 70,000 lb (31,752 kg) per vessel per

2-month period. The 60-percent

monthly limit is 42,000 lb (19,051 kg).

(2) Open access fishery. Within the

limits at paragraph IV.I. below, the 50-

percent monthly limit for widow

rockfish is 35,000 lb (15,876 kg).

C. Sebastes Complex (including

Bocaccio, Yellowtail, and Canary

Rockfish)

(1) 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.

(2) Limited entry fishery

(a) Cumulative trip limits

(i) North of Cape Lookout. The

cumulative trip limit for the Sebastes

complex taken and retained north of

Cape Lookout is 70,000 lb (31,752 kg)

per vessel per 2-month period. Within

this cumulative trip limit for the

Sebastes complex, no more than 32,000

lb (14,515 kg) may be yellowtail rockfish

taken and retained north of Cape

Lookout, and no more than 18,000 lb

(8,165 kg) may be canary rockfish.

(ii) Cape Lookout to Cape Mendocino.

The cumulative trip limit for the

Sebastes complex taken and retained

between Cape Lookout and Cape

Mendocino is 100,000 lb (45,359 kg) per

vessel per 2-month period. Within this

cumulative trip limit for the Sebastes

complex, no more than 70,000 lb

(31,752 kg) may be yellowtail rockfish

taken and retained between Cape

Lookout and Cape Mendocino, and no

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

canary rockfish.

(iii) South of Cape Mendocino. The

cumulative trip limit for the Sebastes

complex taken and retained south of

Cape Mendocino is 200,000 lb (90,719

kg) per vessel per 2-month period.

Within this cumulative trip limit for the

Sebastes complex, no more than 60,000

lb (27,216 kg) may be bocaccio taken

and retained south of Cape Mendocino,

and no more than 18,000 lb (8,165 kg)

may be canary rockfish.

(iv) The 60-percent monthly limits

are: For the Sebastes complex, 42,000 lb

(19,051 kg) north of Cape Lookout,

60,000 lb (27,216 kg) between Cape

Lookout and Cape Mendocino, and

120,000 lb (54,431 kg) south of Cape

Mendocino; for yellowtail rockfish,

19,200 lb (8,709 kg) north of Cape

Lookout, and 42,000 lb (19,051 kg)

between Cape Lookout and Cape

Mendocino; for bocaccio, 36,000 lb

(16,329 kg) south of Cape Mendocino;

and, for canary rockfish, 10,800 lb

(4,899 kg) coastwide.
288 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

(b) For operating in areas with

different trip limits for the same species,

see paragraph IV.A.(12) above.

(c) State declarations. The provisions

of paragraph IV.A.(12) do not apply to

vessels fishing in conformance with this

paragraph. The States of Oregon and

Washington are implementing

declaration procedures that enable a

vessel that fishes or transits both north

and south of Cape Lookout during a trip

limit period (2 months for the limited

entry fishery, 1 month for the open

access fishery) to retain the larger

cumulative limit for the Sebastes

complex and yellowtail rockfish taken

and retained south of Cape Lookout.

Declarations must be made, according to

state law, to the state where the fish will

be landed. To make a declaration or for

further information, contact:

Washington Department of Fish and

Wildlife, Montesano, WA, at 206–249–

4628; or Oregon Department of Fish and

Wildlife, Newport, OR, at 503–867–4741

or 503–867–0300.

(3) Open access fishery.

(a) The state declaration procedures

are available to all vessels, whether in

the limited entry or open access fishery.

(b) Within the limits at paragraph IV.I.

below, the 50-percent monthly limits

are: For the Sebastes complex, 35,000 lb

(15,876 kg) north of Cape Lookout,

50,000 lb (22,680 kg) between Cape

Lookout and Cape Mendocino, and

100,000 lb (45,359 kg) south of Cape

Mendocino; for yellowtail rockfish,

16,000 lb (7,258 kg) north of Cape

Lookout, and 35,000 lb (15,876 kg)

between Cape Lookout and Cape

Mendocino; for bocaccio, 30,000 lb

(13,608 kg) south of Cape Mendocino;

and, for canary rockfish, 9,000 lb (4,082

kg) coastwide.

D. POP

(1) Limited entry fishery. The

cumulative trip limit for POP is 10,000

lb (4,536 kg) per vessel per 2-month

period. The 60-percent monthly limit is

6,000 lb (2,722 kg).

(2) Open access fishery. Within the

limits at paragraph IV.I. below, the 50-

percent monthly limit for POP is 5,000

lb (2,268 kg).

E. Sablefish and the DTS Complex

(Dover Sole, Thornyheads, and TrawlCaught Sablefish)

(1) 1996 Management goal. The

sablefish fishery will be managed to

achieve the 7,800-mt harvest guideline

in 1996.

(2) Washington coastal tribal fisheries.

The U.S. Government recognizes that

the Makah, Hoh, Quileute, and Quinault

tribes have treaty rights to fish for

groundfish. Each tribe has such right in

its usual and accustomed fishing

grounds. The tribal treaty allocation for

sablefish for 1996 is 780 mt. The tribes

will regulate their fisheries so as not to

exceed this allocation.

(3) Limited entry fishery

(a) Gear allocations. After subtracting

the tribal-imposed catch limit and the

open access allocation from the harvest

guideline for sablefish, the remainder is

allocated 58 percent to the trawl fishery

and 42 percent to the nontrawl fishery.

[Note: The 1996 harvest guideline for

sablefish north of 36° N. lat. is 7,800 mt. The

780-mt tribal allocation is subtracted, and the

limited entry and open access allocations are

based on the remaining 7,020 mt. The limited

entry allocation of 6,557 mt for 1996 is

allocated 3,803 mt (58 percent) to the trawl

fishery and 2,754 mt (42 percent) to the

nontrawl fishery. The trawl and nontrawl

gear allocations are harvest guidelines in

1996, which means the fishery will be

managed not to exceed the harvest

guidelines, but will not necessarily be closed

if they are reached.]

(b) Limited entry trip and size limits

for the DTS complex. These provisions

apply to Dover sole and thornyheads

caught with any limited entry gear and

to sablefish caught with limited entry

trawl gear. ‘‘DTS complex’’ means Dover

sole (Microstomus pacificus),

thornyheads (Sebastolobus spp.), and

trawl-caught sablefish (Anoplopoma

fimbria). Sablefish are also called

blackcod. Thornyheads, also called

idiots, channel rockfish, or hardheads,

include two species, shortspine

thornyheads (S. alascanus) and

longspine thornyheads (S. altivelis).

(i) North of Cape Mendocino. The

cumulative trip limit for the DTS

complex taken and retained north of

Cape Mendocino is 70,000 lb (31,752 kg)

per vessel per 2-month period. Within

this cumulative trip limit, no more than

12,000 lb (5,443 kg) may be sablefish,

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

may be thornyheads. No more than

4,000 lb (1,814 kg) of the thornyheads

may be shortspine thornyheads.

(ii) South of Cape Mendocino. The

cumulative trip limit for the DTS

complex taken and retained south of

Cape Mendocino is 100,000 lb (45,359

kg) per vessel per 2-month period.

Within this cumulative trip limit, no

more than 12,000 lb (5,443 kg) may be

sablefish, and no more than 20,000 lb

(9,072 kg) may be thornyheads. No more

than 4,000 lb (1,814 kg) of the

thornyheads may be shortspine

thornyheads.

(iii) The 60-percent monthly limits

are: For the DTS complex, 42,000 lb

(19,051 kg) north of Cape Mendocino,

and 60,000 lb (27,216 kg) south of Cape

Mendocino; for trawl-caught sablefish,

7,200 lb (3,266 kg); for both species of

thornyheads combined, 12,000 lb (5,443

kg); and for shortspine thornyheads,

2,400 lb (1,089 kg).

(iv) 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.)

(v) For operating in areas with

different trip limits for the same species,

see paragraph IV. A.(12) above.

(c) Limited entry trip and size limits

for nontrawl sablefish. These daily trip

limits, which apply to sablefish of any

size, apply until the closed period

before the start of the regular season (as

specified at 50 CFR 663.23(b)(2)),

between the end of the regular season

and the beginning of the mop-up season,

and after the mop-up season.

[Note: The Council recommended that the

regular season be delayed until September 1,

1996. Before this change can be made

effective, it must be approved by NMFS and

then implemented by a regulation published

in the Federal Register.]

(i) North of 36°00′ N. lat. The daily

trip limit for sablefish taken and

retained with nontrawl gear north of

36°00′ N. lat. is 300 lb (136 kg).

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

trip limit for sablefish taken and

retained with nontrawl gear south of

36°00′ N. lat. is 350 lb (159 kg).

(iii) During the ‘‘regular’’ or ‘‘mop-up’’

seasons, the only trip limit in effect

applies to 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.)

(d) For headed and gutted 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; fishermen should contact

fishery enforcement officials in the state

where the fish will be landed to

determine that state’s official conversion

factor.)

(4) Open access fishery. Within the

limits in paragraph IV.I. below, a vessel

using exempt trawl gear in the open

access fishery is subject to the 50-
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 289

percent monthly limits, which are as

follows: For the DTS complex, 35,000 lb

(15,876 kg) north of Cape Mendocino,

and 50,000 lb (22,680 kg) south of Cape

Mendocino; for trawl-caught sablefish,

6,000 lb (2,722 kg); for both species of

thornyheads combined, 10,000 lb (4,536

kg); and for shortspine thornyheads,

2,000 lb (907 kg).

F. Whiting

(1) Limited entry fishery. Additional

regulations that apply to the whiting

fishery are found at 50 CFR 663.7 and

663.23(b)(3) and (4).

(a) 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 the regular season for

whiting begins, as specified at 50 CFR

663.23(b)(3). This includes any whiting

caught shoreward of 100 fathoms (183

m) in the Eureka subarea (see paragraph

IV.F.(1)(b)).

(b) 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.

(2) Open access fishery. See paragraph

IV.I. below.

G. Lingcod

(1) Limited entry fishery. The

cumulative trip limit for lingcod is

40,000 lb (18,144 kg) per vessel per 2-

month period. The 60-percent monthly

limit is 24,000 lb (10,886 kg). No

lingcod may be smaller than 22 inches

(56 cm) total length, except for a 100-lb

(45-kg) trip limit for trawl-caught

lingcod smaller than 22 inches (56 cm).

Length measurement is explained at

paragraph IV.A.(6)

(2) Open access fishery. Within the

limits in paragraph IV.I. below, the 50-

percent monthly limit for lingcod is

20,000 lb (9,072 kg).

(3) Conversions

(a) Size conversion. For lingcod with

the head removed, the minimum size

limit, which corresponds to 22 inches

(56 cm) total length for whole fish, is 18

inches (46 cm).

(b) 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.

(i) 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.)

(ii) Gutted, with the head on. The

conversion factor for lingcod that has

only been eviscerated is 1.1.

H. Black Rockfish

The regulations currently at 50 CFR

663.23(b)(1)(iii) state: ‘‘The trip limit for

black rockfish (Sebastes melanops) for

commercial fishing vessels using hookand-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 or 30

percent by weight of all fish on board,

whichever is greater, per vessel per

fishing trip. This trip limit does not

apply to coastal treaty Indian fishermen

operating under harvest guidelines

established under paragraph (b)(1)(ii) of

this section [§ 663.23].’’ The provisions

at paragraphs IV.A.(12) and IV.C.(2)(c)

do not apply.

I. Trip Limits in the Open Access

Fishery

A vessel operating in the open access

fishery must not exceed any trip limit,

frequency limit, and/or size limit for the

open access fishery; or for the same gear

and/or subarea in the limited entry

fishery; or, in any calendar month, 50

percent of any 2-month cumulative trip

limit for the same gear and/or subarea

in the limited entry fishery, called the

‘‘50-percent monthly limit.’’ For

purposes of this paragraph, exempted

trawl gear (that is used to harvest

shrimp, prawns, California halibut or

sea cucumbers as provided in this

paragraph I.) 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.

No groundfish landing by shrimp or

prawn pot (trap) gear may be in excess

of the limited entry trip limit for

nontrawl gear. The cross-over

provisions at paragraph IV.A.(12) that

apply to the limited entry fishery apply

to the open access fishery as well.

(1) Rockfish. Rockfish means all

rockfish as defined at 50 CFR 663.2,

which includes the Sebastes complex

(including yellowtail rockfish, bocaccio,

and canary rockfish), shortbelly

rockfish, widow rockfish, POP, and

thornyheads.

(a) North of Cape Lookout. The

cumulative monthly trip limit for

rockfish taken and retained north of

Cape Lookout is 35,000 lb (15,876 kg)

per vessel per month.

(b) South of Cape Lookout. The

cumulative monthly trip limit for

rockfish taken and retained south of

Cape Lookout is 40,000 lb (18,144 kg)

per vessel per month.

(c) Coastwide. The following trip

limits also apply and are counted

toward the cumulative monthly limit for

rockfish:

(i) 10,000-lb (4,536-kg) of rockfish per

vessel per fishing trip, except for vessels

using setnet or trammel net gear; and,

(ii) A daily trip limit of 50 lb (23 kg)

of thornyheads.

(d) For operating in areas with

different trip limits for the same species,

see paragraph IV.A.(12) above.

(2) Sablefish. [Note: Under current

regulations, the closure prior to the

‘‘regular season’’ for the limited entry

fishery also applies to the open access

fishery.]

(a) North of 36°00′ N. lat. The daily

trip limit for sablefish taken and

retained north of 36°00′ N. lat. is 300 lb

(136 kg).

(b) 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).

(3) Groundfish taken by shrimp or

prawn trawl

(a) Pink shrimp. The trip limit for a

vessel engaged in fishing for pink

shrimp is 1,500 lb (680 kg) (multiplied

by the number of days of the fishing

trip) of groundfish.

(b) Spot and ridgeback prawns. The

trip limit for a vessel engaged in fishing

for spot or ridgeback prawns is 1,000 lb

(454 kg) of groundfish species per

fishing trip.

(c) This rule is not intended to

supersede any more restrictive state law

relating to the retention of groundfish

taken in shrimp or prawn pots or traps.

(4) 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.

(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 663 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),
290 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

which states: ‘‘No California halibut

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

participating in the sea cucumber

fishery if:

(i) It is not fishing under a valid

limited entry permit issued under 50

CFR part 663 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.

J. Recreational Fishery

(1) California. The bag limits for each

person engaged in recreational fishing

seaward of the State of California are:

five lingcod per day, which may be no

smaller than 22 inches (56 cm) total

length; and 15 rockfish per day. Multiday 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:

Three lingcod per day, which may be no

smaller than 22 inches (56 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: three lingcod per day

no smaller than 22 inches (56 cm) total

length, and either 15 rockfish per day

south of Leadbetter Point (46°38′10′′ N.

lat.) or 12 rockfish per day north of

Leadbetter Point.

V. Issuance of Experimental Fishing

Permits (EFPs) in 1995

In 1995, applications were received

and approved for three different types of

experimental fishing permits (50 CFR

663.10).

(1) The first was from the State of

Oregon (representing Washington and

California as well) for the purpose of

renewing the EFP to monitor the

bycatch of salmon in the shore-based

whiting fishery. Under this permit, 35

vessels were issued EFPs that required

all salmon caught incidentally in the

whiting fishery to be landed shoreside.

Almost 15 percent of the shore-based

landings were observed, higher than the

10 percent goal.

(2) The second application was a

variation of the whiting EFP. The State

of California requested that, in addition

to the terms and conditions governing

the whiting EFP, a small number of

fishers be allowed to fish for whiting

inside of the 100-fathom (183-m)

contour in the Eureka subarea, 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. However, whiting did not appear in

fishable concentrations in 1995, so even

though this experimental fishery was

approved, the EFPs were not issued.

(3) The third application was for a

new, enhanced data collection program

that applied to other groundfish

fisheries. This application was

submitted by the State of Oregon, but

could include involvement by the States

of Washington and California as well.

The purpose of the experiment was to

monitor trip-limit-induced discards and

the bycatch of salmon and non-target

species in the groundfish trawl fishery.

All participating vessels will be

required to land salmon caught

incidentally in groundfish trawl gear

and to keep enhanced logbooks required

by the State of Oregon. Some vessels

will carry at-sea observers to monitor

trip-limit induced discards, and some

vessels will be required to bring

virtually their entire catch to shore for

additional monitoring. This is intended

to be the first of a multi-year cooperative

data collection program with the

industry and state and Federal

governments. This fishery started later

than expected. Three EFPs have been

issued since early November 1995. The

EFP program may continue through

1996.

VI. Applications for Experimental

Fishing Permits in 1996

Three applications also were received

for experimental fishing permits in

1996. Two, the whiting EFPs described

in paragraphs (1) and (2) of paragraph V.

above, had been approved for 1995. The

scope of the experiment and level of

participation would be the same as

requested for 1995. The third is for a

new experiment to obtain biological

information on sablefish to confirm or

improve data used in the stock

assessment for this species. This

experiment would allow one vessel to

retain 500 lb (227 kg) in excess of the

trawl trip limit for sablefish, and is not

expected to exceed 5 mt per year. A

state or Federal scientist would be

aboard every trip to gather the biological

data. These applications were presented

at the Council’s October 1995 meeting.

The Council recommended issuance of

all three in 1996. (In addition, the

enhanced data collection program

discussed as number (3) in the previous

paragraph continues in 1996.)

Comments on the three applications for

1996 are invited. If approved, the

whiting EFPs would be issued by March

1 for vessels delivering in the State of

California, and mid-April for vessels

delivering in Washington and Oregon;

and the EFP for sablefish would be

issued early in 1996. The decision on

whether to issue EFPs and

determinations on appropriate permit

conditions will be based on a number of

considerations, including the Council’s

recommendation and comments

received from the public.

Classification

The final specifications and

management measures for 1996 are

issued under the authority of and are in

accordance with 50 CFR parts 611 and

663, 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 1996 fishing year, 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 August and

October 1995 where these

recommendations were formulated.

Additional public comments will be

accepted for 30 days after publication of
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 291

this document in the Federal Register.

The Assistant Administrator will

consider all comments made during the

public comment period and may

propose modifications as appropriate.

Because prior notice and opportunity

for public comment is not required

under 5 U.S.C. 553, or under any other

public law, preparation of a Regulatory

Flexibility Analysis under 5 U.S.C.

603(a) and 604(a) is not required and

none has been prepared.

The Administrative Procedure Act

requires that publication of an action be

made not less than 30 days before its

effective date unless the Assistant

Administrator finds and publishes with

the rule good cause for an earlier

effective date (5 U.S.C. 553(d)(3)). These

specifications announce the harvest

goals and the management measures

designed to achieve those harvest goals

in 1996. A delay in implementation

could compromise the management

strategies that are based on the projected

landings from these trip limits.

Therefore, a delay in effectiveness is

contrary to the public interest and these

actions are effective on January 1, 1996.

Dated: December 28, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–31580 Filed 12–29–95; 11:57

am]

BILLING CODE 3510–22–P

50 CFR Part 625

[Docket No. 951116270–5308–02; I.D.

110195B]

Summer Flounder Fishery; Final

Specifications for 1996; Technical

Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final specifications for the 1996

summer flounder fishery; final rule,

technical amendment.

SUMMARY: NMFS issues the final

specifications for the 1996 summer

flounder fishery, which include

commercial catch quotas and mesh size

requirements, and revises the applicable

regulations to accurately reflect the

intent of the Mid-Atlantic Fishery

Management Council regarding the

‘‘cap’’ on the harvest limit. The intent of

this document is to comply with

implementing regulations for the fishery

that require NMFS to publish measures

for the upcoming fishing year that will

prevent overfishing of the summer

flounder resource, and to modify the

language specifying the ‘‘cap’’ on the

annual harvest limit.

EFFECTIVE DATE: December 29, 1995.

ADDRESSES: Copies of the

Environmental Assessment and

supporting documents used by the

Monitoring Committee are available

from: Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 S. New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Regina Spallone, Fishery Policy

Analyst, 508–281–9221.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder Fishery (FMP) was

developed jointly by the Atlantic States

Marine Fisheries Commission (ASMFC)

and the Mid-Atlantic Fishery

Management Council (Council) in

consultation with the New England and

South Atlantic Fishery Management

Councils. The management unit for the

FMP is summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the

Canadian border. Implementing

regulations for the fishery are found at

50 CFR part 625.

Section 625.20 of Title 50, Code of

Federal Regulations implementing the

Fishery Management Plan for the

Summer Flounder Fishery (FMP)

specifies the process for setting annual

management measures in order to

achieve the fishing mortality (F) rates

specified in the FMP. Under

Amendment 7 to the FMP, the schedule

of F rates established sets a target

fishing mortality rate of 0.41 in 1996,

0.3 in 1997, and 0.23 (Fmax) in 1998 and

thereafter, provided the allowable levels

of fishing in 1996 and 1997 may not

exceed a ‘‘cap’’ of 18.51 million lb (8.4

million kg), unless such fishing levels

had an associated F of 0.23. This ‘‘cap’’

reflected a rounding of the actual

poundage. The Council felt that such a

rounding, while convenient for the

reader, did not accurately reflect the

true intent, which was 18,518,830 lb

(8,400 mt). Therefore, this action

modifies the ‘‘cap’’ to reflect the

Council’s intent that the maximum

allowable harvest level associated with

this ‘‘cap’’ is 18,518,830 lb (8,400 mt).

This clarification is outlined in the

section below, which specifies changes

from the proposed specifications.

Pursuant to § 625.20, the Director,

Northeast Region, NMFS, implements

certain measures for the fishing year to

ensure achievement of the appropriate

fishing mortality rate. The measures

include those that are changed, and

those that are not changed, from the

proposed 1996 specifications that were

published in the Federal Register on

November 28, 1995 (60 FR 58593). The

unchanged measures include: (1) A

minimum commercial fish size of 13

inches (33 cm); and (2) a minimum

mesh size restriction of 5.5-inch (14.0-

cm) diamond or 6-inch (15.2-cm)

square. The changed measures include:

(1) A coastwide harvest limit of

18,518,830 lb (8.40 million kg); (2) a

coastwide commercial quota of

11,111,298 lb (5.04 million kg); and (3)

a coastwide recreational harvest limit of

7,407,532 lb (3.36 million kg).

Commercial Quota

The coastwide commercial quota is

allocated among the states based on

historic catch shares specified in the

regulations. Table 1 presents the 1996

commercial quota (11,111,298 lb;

5,040,000 kg) apportioned among the

states according to the percentage shares

specified in § 625.20(d)(1). These state

allocations do not reflect the

adjustments required under § 625.20, if

1995 landings exceed the 1995 quota for

any state. A notification of allocation

adjustment will be published in the

Federal Register if such an adjustment

is necessary.

TABLE 1.—1996 STATE COMMERCIAL QUOTAS

State Share

(%)

1996 quota

(lb)

1996 quota

(kg)

ME ............................................................................................................................................................ 0.04756 5,284 2,397

NH ............................................................................................................................................................ 0.00046 51 23

MA ............................................................................................................................................................ 6.82046 757,841 343,751

RI .............................................................................................................................................................. 15.68298 1,742,583 790,422

CT ............................................................................................................................................................ 2.25708 250,791 113,757

NY ............................................................................................................................................................ 7.64699 849,680 385,408

NJ ............................................................................................................................................................. 16.72499 1,858,363 842,939