[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Rules and Regulations]
[Pages 2331-2344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-465]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 663

[Docket No. 941265-4365; I.D. 121694D]
RIN 0648-AH50


Foreign Fishing; Pacific Coast Groundfish Fishery; Annual 
Specifications and Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic 
Atmospheric Administration (NOAA), Commerce.

ACTION: 1995 groundfish fishery specifications and management measures; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the 1995 fishery specifications and management 
measures for groundfish taken in the U.S. exclusive economic zone 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 1995 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 January 4, 1995 until the 1996 annual specifications 
and management measures are filed for public inspection with the Office 
of the Federal Register, unless modified, superseded, or rescinded. All 
landings between January 1, 1995, and January 4, 1995, inclusive, will 
be counted toward cumulative trip limits. Comments will be accepted 
until February 8, 1995.

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 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 next fishing 
year. This action announces and makes effective the final 1995 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 
1994 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 1995 specifications for ABCs, harvest guidelines, and 
limited-entry and open-access allocations are listed in Table 1, 
followed by a discussion of each 1995 specification that differs from 
1994 levels. The [[Page 2332]] 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 offshore) as well as fish caught in the 
exclusive economic zone (EEZ) (3-200 nautical miles offshore).
      
    [[Page 2333]]

 Table 1.--1995 Specifications of Acceptable Biological Catch (ABC), Harvest Guidelines, and Limited-Entry and Open-Access Allocations, by International
                                                   North Pacific Fisheries Commission (INPFC) Subareas                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Acceptable Biological Catch (ABC) ( x 1,000 mt)                                    Allocations ( x 1,000 mt)        
                         --------------------------------------------------------------------     Harvest    -------------------------------------------
         Species                                                                               Guideline ( x      Limited entry          Open access    
                          Vancouver<SUP>a   Columbia    Eureka    Monterey  Conception  Total ABC     1,000 mt)   -------------------------------------------
                                                                                                               1000 mt    Percent    1000 mt    Percent 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Roundfish:                                                                                                                                              
    Lingcod<SUP>b............                                                                                                                                
(1)1.3                           0.3        0.7        0.1        2.4         2.4       1.21            80.9       0.29       19.1                      
                         ---------------------------------------------------------                                                                      
    Pacific cod.........                                                                                                                                
(1)3.2                           (<SUP>c)        (<SUP>c)        (<SUP>c)        3.2  ..........  .........  ..............  .........  .........                      
                         ---------------------------------------------------------                                                                      
    Pacific whiting<SUP>d....                                                                                                                                
(4)223.0                       223.0      178.4  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
    Sablefish<SUP>e,f........                                                                                                                                
(3)8.7                         0.425        9.1        7.1       5.90        93.4       0.42             6.6                                            
                         ---------------------------------------------------------                                                                      
    Jack mackerel<SUP>g......                                                                                                                                
(2)52.6                                                                                                                                                 
(1)                             52.6       52.6  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
Rockfish:                                                                                                                                               
    POP<SUP>h................         0.0        0.0        (<SUP>c)        (<SUP>c)         (<SUP>c)        0.0             1.3  ...<SUP>......  ...<SUP>......  ...<SUP>......  ...<SUP>......
                         ---------------------------------------------------------                                                                      
    Shortbelly..........                                                                                                                                
(4)23.5                         23.5       23.5  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
    Widow<SUP>i..............                                                                                                                                
(4)7.7                           7.7        6.5       6.26       96.3        0.24        3.7                                                            
                         ---------------------------------------------------------                                                                      
Thornyheads:                                                                                                                                            
(3)8.0                    ..........        8.0  .........  .........  ..........  .........  ..............                                            
                         ---------------------------------------------------------                                                                      
        Shortspine<SUP>e,j...                                                                                                                                
(3)1.0                    ..........        1.0        1.5  .........  ..........  .........  ..........<SUP>....                                            
                         ---------------------------------------------------------                                                                      
        Longspine<SUP>e,j....                                                                                                                                
(3)7.0                    .........<SUP>.        7.0        6.0  .........  .........<SUP>.  .........  .........<SUP>.....                                            
                         ---------------------------------------------------------                                                                      
    Sebastes complex:<SUP>k..                                                                                                                                
(1)11.9                                                                                                                                                 
(2)13.2                      11.9 N,                                                                                                                    
                              13.2 S     11.8 N                                                                                                         
                                         13.2 S      10.67                                                                                              
                                                      8.76       90.4                                                                                   
                                                                 67.4        1.13                                                                       
                                                                             4.24        9.6                                                            
                                                                                        32.6                                                            
                         ---------------------------------------------------------                                                                      
        Bocaccio<SUP>l.......         (<SUP>c)        (<SUP>c)                                                                                                         
(2)1.7                           1.7        1.7       1.01       67.4        0.49       32.6                                                            
                         ---------------------------------------------------------                                                                      
        Canary<SUP>m.........                                                                                                                                
(1)1.0                          0.25        (<SUP>c)        (<SUP>c)       1.25        0.85       0.78            91.2       0.07        8.8                      
                         ---------------------------------------------------------                                                                      
        Chilipepper.....         (<SUP>c)        (<SUP>c)                                                                                                         
(2)4.0                           4.0  .........  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
        Yellowtail<SUP>n.....        1.19       2.97       2.58        (<SUP>c)         (<SUP>c)       6.74          4.16 N                                            
                                                                                                      2.58 S       3.76                                 
                                                                                                                   2.33       90.4                      
                                                                                                                              90.4       0.40           
                                                                                                                                         0.25        9.6
                                                                                                                                                     9.6
                         ---------------------------------------------------------                                                                      
        Remaining                                                                                                                                       
         rockfish.......         0.8        3.7                                                                                                         
(2)7.0                          11.5  .........  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
Flatfish:                                                                                                                                               
    Dover sole<SUP>e,o.......         2.4        3.0        2.9        5.0         1.0       14.3       13.6 WOC,                                            
                                                                                                    2.85 Col  .........  .........  .........  .........
                         ---------------------------------------------------------                                                                      
    English sole........                                                                                                                                
(1)2.0                                                                                                                                                  
(2)1.1                           3.1  .........  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
    Petrale sole........                                                                                                                                
(1)1.2                           0.5        0.8        0.2        2.7  ..........  .........  ..............  .........  .........                      
                         ---------------------------------------------------------                                                                      
    Arrowtooth Flounder.                                                                                                                                
(4)5.8                           5.8  .........  .........  .........  ..........  .........                                                            
                         ---------------------------------------------------------                                                                      
    Other flatfish......         0.7        3.0        1.7        1.8         0.5        7.7  ..............  .........  .........  .........  .........
                         ---------------------------------------------------------                                                                      
Other fish<SUP>p.............         2.5        7.0        1.2        2.0         2.0       14.7  ..........<SUP>....  .........  .........  .........  .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>aU.S. Vancouver only, except for Pacific whiting.                                                                                                       
<SUP>[[Page 2334]]                                                                                                                                           
                                                                                                                                                        
<SUP>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.                                                                             
<SUP>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.                       
<SUP>dCoastwide ABC including Canadian waters. The U.S. harvest guideline is 80 percent of the U.S./Canada ABC. The shore-based reserve is 71,400 mt in 1995,
  40 percent of the harvest guideline.                                                                                                                  
<SUP>eDover 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.                                                                                                                
<SUP>fThe 7,100 mt sablefish harvest guideline is the 8,700 mt ABC north of the Conception subarea (north of 36 deg. N. latitude) reduced by 900 mt for      
  estimated discards and 700 mt for projected harvest above the 1994 harvest guideline. The 7,100 mt harvest guideline is reduced by 780 mt for the     
  treaty tribes before dividing the remaining 6,320 mt between the limited entry (5,900 mt) and open access (420 mt) fisheries. The limited entry       
  allocation is further divided 58 percent (3,420 mt) trawl, 42 percent (2,480 mt) nontrawl allocations which also are harvest guidelines. (See the     
  section on trawl and nontrawl sablefish management for 1994.)                                                                                         
<SUP>gOnly jack mackerel north of 39 deg.00' N. latitude are managed by the FMP. The ABC and harvest guideline include area beyond 200 nm.                   
<SUP>hThe POP harvest guideline applies to the Vancouver/Columbia subareas combined. A discard factor of 16 percent was used in setting the harvest guideline
  for landed catch.                                                                                                                                     
<SUP>iThe 6,500 mt harvest guideline is derived by subtracting an estimate of discards (1,200 mt) from the ABC (7,700 mt).                                   
<SUP>jThe thornyhead ABCs and harvest guidelines apply north of Point Conception, CA. The harvest guideline represents landed catch.                         
<SUP>kThe Sebastes-North harvest guideline (11,800 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 150 mt for         
  estimated discards of canary rockfish. 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 deg.09'30'' N.         
  latitude) and 10,000 pounds (4,536 kg) between Destruction Island (47 deg.40'00'' N. latitude) and Leadbetter Point (46 deg.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).                                                         
<SUP>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).                         
<SUP>mThe canary rockfish harvest guideline for the Vancouver/Columbia area is the sum of the ABCs minus 150 mt for estimated discards.                      
<SUP>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: 4,160 mt for the northern area (Vancouver plus Columbia north 
  of Cape Lookout, close to Cape Falcon) 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 deg.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.) A 16 percent discard factor will be added to certain landings of   
  yellowtail rockfish inseason. This will affect inseason landings estimates for the Sebastes complex also.                                             
<SUP>oThe 13,600 mt coastwide harvest guideline for Dover sole (14,300 mt ABC minus 700 mt estimated discards) includes a 2,850 mt harvest guideline for the 
  Columbia subarea (3,000 mt ABC minus 150 mt estimated discards).                                                                                      
<SUP>pIncludes sharks, skates, rays, ratfish, morids, grenadiers, and other groundfish species noted above in footnote <SUP>c.                                    

  
[[Page 2335]]

Changes to the ABCs and Harvest Guidelines

    The 1995 final ABCs are changed from the 1994 levels for the 
following species: lingcod, Pacific whiting (whiting), sablefish, widow 
rockfish, shortspine thornyheads, longspine thornyheads, bocaccio, 
canary rockfish and Dover sole. These changes are based on the best 
available scientific information. The ABCs represent the total catch--
amounts that are discarded as well as that are retained. Information 
considered in determining the ABCs is available from the Council and 
was made available to the public, before the Council's October 1994 
meeting, in the Council's stock assessment and fishery evaluation 
(SAFE) document (see ADDRESSES).
    Those species or species groups with harvest guidelines in 1994 
will continue to be managed with harvest guidelines in 1995. As in 
1994, no quotas are established. The 1995 harvest guidelines differ 
from those in 1994 for: lingcod, whiting, sablefish, Sebastes complex--
north and south of 43 deg.00'00'' N. lat. (the Columbia/Eureka subarea 
boundary), bocaccio, and Dover sole. Harvest guidelines are established 
for the first time for canary rockfish and individually for shortspine 
thornyheads and longspine thornyheads; the harvest guideline for 
thornyheads combined is no longer needed. In 1995, most of the species 
harvest guidelines represent only that portion of the catch that is 
landed. Where information is available, a discard factor is subtracted 
from the ABC to determine the harvest guideline. More detailed 
information is found in the Council's SAFE document.
    The changes to the ABCs and harvest guidelines are described 
briefly below. All other ABC and annual harvest guideline 
specifications announced for 1994 (Table 1 at 59 FR 685, January 6, 
1994) will apply again in 1995 and are included in Table 1. More 
detailed information appears in the Council's SAFE document, the 
``Groundfish Management Team (GMT) Final Recommendations for 1995 
Acceptable Biological Catches (ABC) and Harvest Guidelines'' (GMT 
Report F.3.) from the October 1994 Council meeting, and the Council's 
newsletters for its August and October 1994 meetings (see ADDRESSES).
    Lingcod. A new stock assessment for lingcod resulted in severe 
reductions to its ABC, from 7,000 mt in 1994 to 2,400 mt in 1995, based 
on reductions in each subarea: From 1,000 mt (Vancouver) and 4,000 mt 
(Columbia) in 1994 to 1,300 mt for both subareas combined in 1995; from 
500 mt in 1994 to 300 mt in 1995 in the Eureka subarea; from 1,100 mt 
in 1994 to 700 mt in 1995 in the Monterey subarea; and from 400 mt in 
1994 to 100 mt in 1995 in the Conception subarea. These reductions 
result from a comprehensive assessment based on fishery and survey data 
between Cape Falcon, OR, and 49 deg.00'00'' N. lat. off Vancouver 
Island, Canada, between 1979-93. The average yield of 2,736 mt in this 
area during 1989-1993 is just below the overfishing level. South of 
Cape Falcon, there is concern that the young average age in the catch 
indicates a substantial level of fishing mortality. The ABCs are set at 
63 percent of the average catch during 1989-93, proportional to the 
reduction of catch recommended north of Cape Falcon, to reduce catch 
until a full stock assessment can be conducted. The harvest guideline 
is equal to the coastwide ABC; there is no estimate for discards at 
this time. Reductions in catch are expected to occur through imposition 
of a cumulative trip limit and a size limit in 1995. Lingcod management 
is complicated by harvest in Canadian waters and by recreational 
fisheries. Coordination with Canada on assessment and management of 
this species is necessary.
    Whiting. The ABC for whiting in 1994 (325,000 mt for the United 
States and Canada combined) was substantially higher than in previous 
years, predominantly because the 1992 hydroacoustic survey utilized 
new, more sensitive equipment, and extended farther offshore and 
farther north to encompass the species' range. To provide for cautious 
exploitation until the survey results can be confirmed (in 1995-96), a 
conservative harvest rate policy was adopted to minimize the risk to 
the resource if the ABC were later found to be too high. The Council 
also felt it prudent to acknowledge the possibility that the total U.S. 
and Canadian harvest in 1994 might exceed the U.S.-Canada ABC, as 
occurred in 1992 and 1993.
    The U.S.-Canada ABC for whiting in 1995 is much lower, 223,000 mt, 
due to the anticipated decline in stock level following the very large 
1980 and 1984 year classes, which for the most part, are no longer 
available to the fishery. The Council recommended that the U.S. harvest 
guideline be set at 80 percent of the U.S.-Canada ABC, unless agreement 
for a different share were reached at the U.S.-Canada discussions to be 
held after the Council meeting. Agreement was not reached between the 
two countries. Therefore, the 80-percent share is used again in 1995, 
resulting in the U.S. harvest guideline of 178,400 mt.
    If Canada continues to calculate its share in the same manner as in 
1992-94, the U.S. and Canadian total harvest will be 14 percent above 
the coastwide ABC in 1995. These overages have not caused a biological 
problem, particularly given the large increase in the ABC in 1994 and 
use of a conservative exploitation rate. The total harvest in 1995 
would be lower than the overfishing level, and lower than the amount 
that would have been taken if the Council had chosen to use a moderate 
harvest rate level, as in 1993, in determining the ABC. 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 for priority use by vessels delivering 
shoreside. In 1995, this reserve is 71,400 mt.
    Sablefish. The 1995 ABC in the Conception area remains at 425 mt. 
The ABC for sablefish north of the Conception subarea (36 deg.00'00'' 
N. lat.) is increased from 7,000 mt in 1994 to 8,700 mt in 1995, based 
on the results of a new stock assessment and by including expected 
discards in the ABC. However, the 1995 harvest guideline (north of 
36 deg.00'00'' N. lat.) is 7,100 mt (considerably lower than the 
combined ABC), only 100 mt higher than the harvest guideline in 1994. 
An estimate of discards (900 mt) is subtracted from the ABC for the 
area north of Conception to derive a harvest guideline that represents 
only landed catch. A further reduction of 780 mt is made for treaty 
tribes. The harvest guideline for 1995 was reduced further to 
compensate for 700 mt the Council expected to be taken above the 
harvest guideline in 1994. After the October meeting, it was discovered 
that landings were projected to be 700 mt over the limited entry gear 
allocations, rather than the species' harvest guideline. Therefore, 
because the open-access allocation would not be reached, the harvest 
guideline would be exceeded by only about 328 mt (5 percent). The 
Council is expected to address this error at its March 1995 meeting and 
may recommend an increase to the sablefish harvest guideline in 1995.
    Widow rockfish. No new stock assessment was prepared for widow 
rockfish, but the ABC is increased from 6,500 mt in 1994 to 7,700 mt in 
1995 to include an estimate of discards in the fishery. The harvest 
guideline remains the same as in 1994, 6,500 mt, representing only the 
landed catch.
    Shortspine and longspine thornyheads. Based on new stock 
assessments, the ABCs for shortspine and longspine thornyheads are 
reduced in 1995: from 1,900 mt to 1,000 mt for shortspine thornyheads 
and from 10,100 [[Page 2336]] mt to 7,000 mt for longspine thornyheads. 
The 1995 ABCs apply north of Point Conception, CA (34 deg.30'00'' N. 
lat.), whereas in 1994 they applied only to the Monterey, Eureka, and 
Columbia subareas (36 deg.00'00''-47 deg.30'00'' N. lat.). The 
reductions occurred primarily because the survey area was enlarged, 
revealing an overestimate of the coastwide biomass in the previous 
stock assessment, particularly for shortspine thornyheads. Shortspine 
thornyheads are fully exploited, but did not reach the overfishing 
level in 1994. Longspine thornyheads are being fished down to the level 
that would produce maximum sustainable yield (MSY).
    For the first time, separate harvest guidelines are set for 
shortspine and longspine thornyheads. In previous years, they were 
combined because it had been thought that the two species, which often 
are caught together, were too difficult to tell apart. However, the 
industry has testified that the species can be differentiated, and 
certain areas can be avoided to decrease excessive harvest of 
shortspine thornyheads. Consequently, the Council recommended harvest 
guidelines of 1,500 mt for shortspine thornyheads (above its ABC) and 
6,000 mt for longspine thornyheads (below its ABC). Even though 
longspine thornyheads are above the level that would produce MSY, its 
harvest guideline is less than ABC to protect shortspine thornyheads, 
and in anticipation of future declines in the longspine thornyhead ABC 
as it is reduced to its MSY level. The shortspine thornyhead harvest 
guideline is set above its ABC because of the uncertainty in the 
assessment; the 1,500-mt harvest guideline is less than the overfishing 
level under the preferred assessment scenario and is similar to the ABC 
level that would result from plausible assessments with higher levels 
of natural mortality or lower levels of survey catchability. These 
harvest guidelines, which apply only north of Point Conception, will 
result in a small increase in the longspine thornyhead catch and a 
large decrease in the shortspine thornyhead catch.
    Bocaccio. The ABC and harvest guideline for bocaccio are increased 
from 1,540 mt in 1994 to 1,700 mt in 1995. This increase is due 
entirely to removal of an assumed discard level. The discard factor is 
removed because only a small number of vessels are constrained by 
current trip limits. As in the past, the harvest guideline applies only 
to the Eureka, Monterey, and Conception subareas (the EEZ south of 
43 deg.00'00'' N. lat.), and, because discards are assumed to be 
negligible, the harvest guideline represents total catch. An estimate 
of discards will be added to inseason projections of the catch if new 
information indicates that discarding is occurring.
    Canary rockfish. A new assessment for canary rockfish in the 
Vancouver and Columbia subareas (north of 43 deg.00'00'' N. lat.) 
indicates that the stock has undergone a substantial decline and that 
continuation of current catch levels, which are at the ABC levels set 
in 1990, would be overfishing. Therefore, the 1994 ABCs of 800 mt in 
the Vancouver subarea and 1,500 mt in the Columbia subarea are reduced 
to 1,000 mt for both areas combined in 1995. The survey trend in the 
Eureka area indicates an even more severe decline, so the ABC is 
reduced from 600 mt in 1994 to 250 mt in 1995, close to the recent 
average catch in this area. Therefore, the coastwide ABC is reduced 
from 2,900 mt in 1994 to 1,250 mt in 1995. A harvest guideline is set 
for the first time in 1995, at 850 mt, for the combined Vancouver/
Columbia area, which is equal to the subarea ABCs minus 150 mt of 
estimated discards.
    Sebastes complex. The Sebastes complex includes all rockfish except 
widow, shortbelly, Pacific ocean perch (POP), and thornyheads.
    North: The harvest guideline for the Sebastes complex in the 
Vancouver-Columbia area (the EEZ north of 43 deg.00'00'' N. lat.) is 
11,800 mt in 1995, 1,440 mt lower than the 13,240 mt harvest guideline 
in 1994. It is calculated by adding the ABCs for canary and remaining 
rockfish in the Vancouver and Columbia subareas, and for yellowtail 
rockfish in the Vancouver, Columbia, and Eureka subareas and then 
subtracting 450 mt (300 mt for an estimate of the yellowtail ABC in the 
Eureka subarea, and 150 mt for estimated discards of canary rockfish). 
The reduction in 1995 reflects the reduction in the ABC for canary 
rockfish in the same area. Inseason estimates of yellowtail rockfish 
discards are counted toward this harvest guideline.
    South: The harvest guideline for the Sebastes complex in the 
Eureka, Monterey, and Conception subareas (the EEZ south of 
43 deg.00'00'' N. lat.) is 13,200 mt in 1995, slightly lower than 
13,440 mt in 1994. It is based on the sum of the ABCs of the species in 
those subareas (bocaccio, chilipepper, yellowtail rockfish, and 
remaining rockfish); no estimate for discards is subtracted because 
trip-limit induced discards are believed to be negligible for these 
species in this area. The decrease reflects the net change in the ABCs 
for bocaccio and canary rockfish in the southern area.

    Note: As in 1994, the 1995 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 deg.00'00'' N. lat. (the Columbia/Eureka subarea boundary). The 
yellowtail rockfish ABCs in the Columbia area are divided at Cape 
Falcon (45 deg.46'00'' N. lat.) and the harvest guidelines are 
divided at Cape Lookout (40 deg.20'15'' N. lat.). Further 
explanation is found in the October 1993 SAFE document and at 59 FR 
691, January 6, 1994. Trip limits are applied to the same areas as 
the harvest guidelines.

    Dover sole. Based on a new stock assessment, the ABC for Dover sole 
in the Eureka subarea is reduced from 3,500 mt in 1994 to 2,900 mt in 
1995, and in the Columbia subarea from 4,000 mt in 1994 to 3,000 mt in 
1995. The Vancouver, Monterey, and Conception subarea ABCs are not 
changed, so the coastwide ABC is reduced from 15,900 mt in 1994 to 
14,300 mt in 1995, which is similar to the catch in 1993; landings in 
1994 are expected to be less than 9,000 mt. The reduction in the Eureka 
ABC appears to be due to declining recruitment. There is some 
uncertainty in Dover sole biomass estimates due to the catchability 
coefficient applied to the survey data, especially in the Columbia 
area. The Columbia ABC is believed to be a realistic upper estimate.
    The coastwide harvest guideline for Dover sole is reduced from 
16,900 mt in 1994 to 13,600 mt in 1995, equal to the sum of the subarea 
ABCs minus 5 percent for estimated discards. As in the past, a separate 
harvest guideline is set for the Columbia subarea. In 1992, the 
Columbia subarea harvest guideline was set higher than the ABC and was 
scheduled to be reduced by 1,000 mt annually until it equaled 4,000 mt, 
the expected ABC in 1995. However, the 1995 ABC has been reduced to 
3,000 mt, and the Council maintained its original intent to set the 
harvest guideline equal to the ABC by 1995. Therefore, the Columbia 
area harvest guideline is reduced from 5,000 mt in 1994 to 2,850 mt in 
1995 (the 3,000-mt Columbia ABC minus 150 mt for estimated discards).

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 1995 as in 
1994, 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 [[Page 2337]] the 
Council's GMT and considered at the Council's October 1994 meeting 
before recommending the 1995 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 August 1992 SAFE document) and shortspine thornyheads (in the 
October 1994 SAFE document), and in the GMT's recommendations for 1995 
(GMT Report F.3., October 1994).
    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 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 1995 exceeds the level of overfishing. 
However, for those species whose harvest guideline exceeds ABC (POP and 
shortspine thornyheads), the harvest guideline approaches overfishing. 
In addition, new assessments for Dover sole in the Columbia area, 
lingcod, and canary rockfish indicate that the overfishing level for 
these species may have been reached in the recent past. Further 
discussion appears in the GMT Supplemental Report F.3.(1) (October 
1994). Efforts have been taken to avoid overfishing by establishment or 
reduction of harvest guidelines in 1995 (discussed above) and by more 
restrictive trip limit management for these species.
    Discards. In 1995, the ABCs represent total catch, and most of the 
harvest guidelines, except for yellowtail rockfish and Pacific 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 
processed at sea are well monitored and are accounted for inseason as 
they occur. In the other fisheries, discards caused by trip limits are 
not monitored, so discard factors have been developed to account for 
this extra catch. A level previously measured for widow rockfish (16 
percent) in a scientific study is assumed to be appropriate for the 
commercial fisheries for widow rockfish, yellowtail rockfish, and POP. 
A lower level of 8 percent is used for the deepwater thornyhead 
fishery. 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 domestic 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 is U.S. vessels delivering 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 the total allowable level of foreign fishing (TALFF). In 1995, 
there initially are no surplus groundfish available for joint venture 
or foreign fishing operations. Consequently, all the harvest guidelines 
in 1995 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 for a whiting fishery would be the same as announced at Table 2, 
footnote 1 of 58 FR 2990 (January 7, 1993), and for a jack mackerel 
joint venture, initially would be the same as those suggested in 
section 12.5.2 of the FMP, but could be changed during the year.

II. The Limited-Entry Program

    Amendment 6 to the FMP established a limited-entry program which, 
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. At its 
October 1994 meeting, the Council recommended the species and areas 
subject to open-access and limited-entry allocations in 1995, and the 
Regional Director calculated the amounts of the allocations, that are 
presented in Table 1. Unless otherwise specified, the limited-entry and 
open-access allocations are treated as harvest guidelines in 1995.

Open-Access Allocations

    The open-access fishery means the fishery 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 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, 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 because 
significant open-access effort is not anticipated. At the time the 
calculations were made, the status of some vessels (whether they would 
receive a limited-entry permit) was not certain. The catch by these 
vessels was divided equally between the limited-entry and open-access 
allocations. These amounts are minor and would not affect the level of 
trip limits for the limited-entry or open-access fisheries.

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 
[[Page 2338]] 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.

III. 1995 Management Measures

    Most of the 1995 management measures announced in this document 
have been designated as ``routine'' under the procedures contained in 
Amendment 4 to the FMP (56 FR 736, January 8, 1991). The ``routine'' 
designation means that a measure is likely to need adjustment on an 
annual or more frequent basis, and that it may be implemented and 
adjusted for a specified species or species group and gear type after 
consideration at a single Council meeting. However, the effects of the 
particular measure must have been analyzed previously, the purpose of 
the measure must be the same as when it was designated as routine, and 
the measure must be announced in the Federal Register.
    Those management measures announced in this document that are not 
yet designated ``routine'' at 50 CFR 663.23 are: For the limited entry 
fishery, trip landing and frequency limits for canary rockfish, 
lingcod, shortspine thornyheads, and longspine thornyheads, which are 
managed individually for the first time in 1995, and size limits for 
lingcod; and, for the open access fishery, trip landing and frequency 
limits for all groundfish species, separately or in any combination. 
These management measures will be proposed as routine measures in a 
separate Federal Register document.
    In the following discussion, the projections of landings in 1994 
are based on the information available to the Council at its October 
1994 meeting (Supplemental GMT Report F.2., October 1994).

A. Limited-Entry Fishery

    The following management measures apply to vessels operating in the 
limited-entry fishery after January 1, 1995, and are designed to keep 
landings within the harvest guidelines or limited-entry allocations.
    Widow Rockfish. In 1994, the cumulative trip limit for widow 
rockfish continued at 30,000 lb (13,608 kg) per month until December 1, 
when it was reduced to 3,000 lb (1,361 kg) per trip. Landings are 
projected to exceed the 6,500-mt harvest guideline by about 3 percent 
in 1994. Because the harvest guideline is not changed, the 30,000-lb 
cumulative monthly trip limit will again be implemented in January 
1995.
    The Sebastes Complex (Including Yellowtail Rockfish, Canary 
Rockfish, and Bocaccio). In 1994, the cumulative monthly trip limit for 
the Sebastes complex was 80,000 lb (36,287 kg) coastwide, until 
September, when it was increased to 100,000 lb (45,359 kg) south of 
Cape Mendocino, CA (40 deg.30'00'' N. lat.). Within these limits for 
the Sebastes complex were cumulative monthly trip limits for yellowtail 
rockfish and bocaccio, that did not change during the year: 14,000 lb 
(6,350 kg) of yellowtail rockfish north of Cape Lookout, OR 
(45 deg.20'15'' N. lat.); 30,000 lb (13,608 kg) of yellowtail rockfish 
south of Cape Lookout; and 30,000 lb (13,608 kg) of bocaccio south of 
Cape Mendocino. Neither of the harvest guidelines for the Sebastes 
complex (north and south of 43 deg.00'00'' N. lat.), nor for bocaccio, 
will be reached in 1994. The harvest guidelines for yellowtail rockfish 
north and south of Cape Lookout are expected to be exceeded by about 1 
percent.
    To provide for reasonable levels of harvest of other species in the 
Sebastes complex while protecting yellowtail rockfish, canary rockfish, 
and bocaccio, the Council recommended starting the year with three 
different cumulative monthly trip limits 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. The yellowtail and bocaccio cumulative monthly 
trip limits remain the same as in 1994, except in 1995, the 30,000-lb 
(13,608 kg) southern trip limit for yellowtail rockfish extends only to 
Cape Mendocino, rather than to the U.S.-Mexico border. For the first 
time, a separate cumulative monthly trip limit for canary rockfish is 
implemented (within the Sebastes complex trip limit), at 6,000 lb 
(2,722 kg) coastwide.
    The declaration procedures implemented by the States of Washington 
and Oregon for vessels operating north and south of Cape Lookout remain 
in effect, except in 1995 they will apply to the Sebastes complex as 
well as to yellowtail rockfish. The declarations enable a vessel to 
operate both north and south of Cape Lookout during the month, and to 
take and retain the more liberal, southern limits of the Sebastes 
complex and yellowtail rockfish, but only if the state is notified, as 
required by state law.
    POP. The 1994 trip limit for POP was the same as in 1991-93: 3,000 
lb (1,361 kg) or 20 percent of all fish on board, whichever is less, in 
landings of POP above 1,000 lb (454 kg). Landings of POP are projected 
to be 17 percent below its 1,300-mt harvest guideline in 1994. However, 
because the trip limit is intended to allow only incidental catches to 
be landed, it is not increased to achieve the harvest guideline.
    The Council recommended a change from the ``per trip'' limit in 
1994 to a cumulative trip limit in 1995 of 6,000 lb (2,722 kg) per 
month. Public testimony and landing records confirmed that some 
fishermen were targeting POP even under the 1994 ``per trip'' limit, 
resulting in discards of fish in excess of the trip limit. Also, 
because the number of trips was not restricted, total landings in a 
month could be well above 6,000 lb (2,722 kg) per vessel. The 
cumulative trip limit is intended to reduce the level of discards 
induced by the ``per trip'' limit, and to accommodate only unavoidable 
incidental catches. It 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 (or deepwater) complex because they often are caught 
together. Landings of sablefish are expected to exceed the harvest 
guideline by about 5 percent in 1994.
    Washington Coastal Tribal Fisheries for Sablefish. From 1991 
through 1994, the Washington coastal treaty tribes have 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 deg.53'18'' N. lat. and east of 125 deg.44'00'' W. long.). 
For 1995, the tribes' treaty right to sablefish is determined to be 780 
mt. The treaty Indian fishery for this amount of sablefish will be 
managed by the tribes. The treaty Indian fishery for sablefish is a 
separate fishery, and is not governed by the limited-entry or open-
access regulations or allocations.
[[Page 2339]]

    DTS Complex (Dover sole, Thornyheads, and Trawl-Caught Sablefish). 
In January 1994, the cumulative monthly trip limit for the DTS complex 
was 50,000 lb (22,680 kg) per month, including no more than 30,000 lb 
(13,608 kg) of thornyheads and 12,000 lb (5,443 kg) of trawl-caught 
sablefish. On July 1, the cumulative monthly limits were reduced to 
30,000 lb (13,608 kg) of the DTS complex, including no more than 8,000 
lb (3,629 kg) of thornyheads and 6,000 lb (2,722 kg) of trawl-caught 
sablefish. The sablefish ``per trip'' limit of 1,000 lb (454 kg) or 
33.333 percent of the Dover sole and thornyheads (equivalent to 25 
percent of the DTS complex), whichever is greater, continued throughout 
1994, as did the 5,000-lb (2,268-kg) trip limit on sablefish smaller 
than 22 inches (56 cm). Even though the sablefish harvest guideline 
applied only north of the Conception subarea (36 deg.00'00'' N. lat.), 
these trip limits were applied coastwide to avoid effort shifts into 
the Conception area. At the October Council meeting, the trawl 
allocation was projected to be exceeded by 15 percent. Consequently, on 
December 1, north of the Conception subarea (36 deg.00'00'' N. lat.), 
all landings of sablefish were prohibited; the thornyhead trip limit 
was reduced to 1,500 lb (680 kg) per month and a Dover sole trip limit 
was imposed of 6,000 lb (2,722 kg) per month, removing the need for an 
overall DTS cumulative limit. At year's end, the limited-entry trawl 
allocation for sablefish was expected to be exceeded by about 15 
percent; thornyheads were expected to exceed their combined harvest 
guideline by about 2 percent, and Dover sole was far below its harvest 
guidelines (42 percent below its coastwide harvest guideline and 30 
percent below its Columbia subarea harvest guideline). These 
``underages'' were not addressed by increasing the trip limits for 
Dover sole because of the species' association with sablefish and new 
information supporting more cautious management of Dover sole.
    For 1995, the Council recommended two cumulative monthly trip 
limits 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. This 
differential trip limit is 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. Further protection for shortspine thornyheads 
is intended by managing the two thornyhead species separately in 1995. 
A cumulative trip limit is set for both shortspine and longspine 
thornyheads combined of 20,000 lb (9,072 kg) per month, of which no 
more than 4,000 lb (1,814 kg) may be shortspine thornyheads. The trip 
limits for trawl-caught sablefish remain the same as established in 
July 1994 (6,000 lb (2,722 kg) cumulative per month, and 1,000 lb (454 
kg) or 33.333 percent of the Dover sole and thornyheads per trip). The 
exception is that the trip limit for sablefish smaller than 22 inches 
(56 cm) is reduced to 500 lb (227 kg) to reflect the lower overall trip 
limits for sablefish in recent years.
    Nontrawl Sablefish. Small daily trip limits were applied to the 
nontrawl fishery again in 1994, until 72 hours before, and 72 hours 
after, the regular (``open'') season, that started on May 15, 1994. A 
250-lb (113-kg) daily trip limit was applied only north of the 
Conception subarea (36 deg.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) (1,500 lb (680 kg) or 3 
percent of all legal sablefish on board, whichever is greater) remained 
in effect. All further landings of sablefish caught north of 
36 deg.00'00'' N. lat. were prohibited on December 1, 1994. In 1994, 
the nontrawl allocation is expected to be exceeded by 28 percent.
    The Council recommended continuing the 350-lb (159-kg) daily trip 
limit in the Conception area for 1995, and increasing the northern 
daily trip limit for sablefish to 300 lb, slightly increasing the 
amount that could be taken outside the regular season for the nontrawl 
limited-entry fishery. The same daily trip limit is applied to the 
limited-entry and open-access fisheries to avoid effort shifts into the 
open-access fishery. This increase is intended primarily to bring 
landings closer to the open-access allocation, that was not achieved in 
1994. These trip limits for the limited-entry fishery will apply 
outside the regular season and any subsequent ``mop-up'' fishery.
    Under current regulations at 50 CFR 663.23(b)(2), the start of the 
regular nontrawl sablefish fishery is 3 days before the first opening 
in Alaska. The implementation of an individual quota (IQ) system in 
Alaska in 1995 would radically change the opening date of the regular 
season, from mid-May to late February, off Washington, Oregon, and 
California. The Council has discussed this problem and recommended the 
following new management regime for the nontrawl sablefish fishery for 
implementation in 1995: (1) A delay in the regular season until August 
6; (2) before the regular season, a 72-hour closure during which all 
nontrawl groundfish gear, both open-access and limited-entry, must be 
out of the water and sablefish landings are prohibited; (3) an 
exception which, 24 hours before the regular season begins, allows pot 
gear (both open-access and limited-entry) to be set and baited; (4) 
removal of the 72-hour closure at the end of the regular season, and 
instead resume the same daily trip limits used before the regular 
season; (5) a 1-month mop-up fishery, about 3 weeks after the end of 
the regular season, under cumulative trip limits; followed by (6) 
resumption of the daily trip limits. Trip limits for nontrawl sablefish 
smaller than 22 inches (56 cm) would remain in effect during the 
regular and mop-up fisheries. The States may require inspections of 
vessel holds before the regular and mop-up fisheries.
    Whiting. The Council recommended continuation of 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 deg.30'00''-43 deg.00'00'' N. lat.). In 1995 as in 1994, 
the regular season begins on March 1 between 42 deg.00'00''-
40 deg.30'00'' N. lat., and on April 15 north of 42 deg.00'00'' N. lat. 
and south of 40 deg.30'00'' N. lat., as stated at 50 CFR 
663.23(b)(3)(i). 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).
    Lingcod. The harvest guideline for lingcod was first established in 
1994, but specific trip limits were not recommended until 1995. The 
Council recommended a cumulative trip limit of 20,000 lb (9,072 kg) per 
month. A minimum size limit of 22 inches (56 cm), which previously had 
been implemented in the California recreational fishery, is applied 
coastwide for both commercial and recreational fisheries. The size 
limit is intended to minimize harvest of immature fish, that are needed 
to sustain the reproductive potential of the stock.
    Black Rockfish. Black rockfish off the State of Washington continue 
to be managed under the regulations at 50 CFR 663.23(b)(1)(iii). The 
Council has considered trip limits off the State of Oregon but has not 
yet submitted its recommendation to NMFS for review. [[Page 2340]] 

B. Open-Access Fishery

    In 1994, open-access trip limits were established for the first 
time. The trip limits are all designed to keep landings within the 
open-access allocation, while allowing the fisheries to operate for as 
long as possible during the year. Any more restrictive limits imposed 
on the limited-entry vessels also apply to the open-access vessels.
    All Open-Access Gear Except Trawls. In 1994, for all open-access 
gear except trawls, the Council recommended: (1) A cumulative trip 
limit for rockfish of 40,000 lb (18,144 kg) per month, including a 
10,000-lb (4,536-kg) ``per trip'' limit, which was removed for the set 
net fishery in May 1994; and (2) a sablefish trip limit of the same 
amounts and areas as for the limited-entry nontrawl fishery before the 
regular season: Daily trip limits of 250 lb (113 kg) north of 
36 deg.00'00'' N. lat. and 350 lb (159 kg) south of 36 deg.00'00'' N. 
lat.
    The Council recommended continuation of most of the same trip 
limits in 1995 as were in place at the end of 1994 for the open-access 
fishery, with two changes for all open-access gears except the 
nongroundfish trawls: (1) The cumulative trip limit for rockfish is 
reduced to 35,000 lb (15,876 kg) north of Cape Lookout to be consistent 
with the limited-entry limit for the Sebastes complex in the same area, 
but remains at 40,000 lb (18,144 kg) south of Cape Lookout; and (2) the 
daily trip limit for sablefish north of 36 deg.00'00'' N. lat. is 
increased to 300 lb (136 kg) to promote achievement of the open-access 
allocation for sablefish. The limited-entry trip limit was modified to 
be consistent with the open-access trip limit.
     Shrimp/Prawn Fisheries. The bycatch of groundfish also is 
regulated in the shrimp/prawn fishery. In 1994, the trip limit in the 
spot and ridgeback prawn fishery continued at 1,000 lb (454 kg) of 
groundfish per trip. The trip limit in the pink shrimp fishery (1,500 
lb (680 kg) of groundfish per day times the number of days in the 
fishing trip) also remained the same as in past years, except there was 
no exclusion for whiting, shortbelly rockfish, and arrowtooth flounder. 
The Council recommended continuation of these limits in 1995, except it 
clarified that these trip limits also apply to pot gear, as in the 
past, not just trawl gear. This allowance is not intended to supersede 
any state law that is more restrictive regarding retention of 
groundfish caught in shrimp or prawn pots or traps.
    California Halibut/Sea Cucumber Trawl. For 1995, the Council 
recommended continuation of the 500-lb (227-kg) ``per trip'' limit on 
the bycatch of all groundfish species taken while fishing in the 
California halibut and sea cucumber trawl fisheries south of Point 
Arena, CA (38 deg.57'30'' N. lat.).

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 1 month, a trawl vessel catches 5,000 
lb (2,268 kg) of POP in the limited-entry fishery, and in the same 
month catches 3,000 lb (1,361 kg) of POP with hook-and-line (open 
access) gear. Because the open-access landings are counted toward the 
limited-entry limit, the vessel would have exceeded its limited-entry, 
cumulative trip limit of 6,000 lb (2,722 kg) by 2,000 lb (907 kg).

D. Operating in Areas With Different Trip Limits

    Additional management lines have been added in 1995, meaning that 
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 cross-over 
provisions utilized in the bocaccio fishery in 1994 will apply.

E. Changes to Trip Limits; Closures

    The Council confirmed at its October 1994 meeting that, 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 (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. (Only jack mackerel north of 
39 deg.00'00'' N. lat. are governed by the FMP.) The limited-entry 
fleet has requested the full use of the harvest guideline for Pacific 
whiting and shortbelly rockfish. At the October 1994 Council meeting, 
NMFS announced its determination that, based on the best information 
available at that time, only 30,500 mt of the 52,600-mt harvest 
guideline for jack mackerel was likely to be used in 1995, leaving 
about 20,000 mt available for designated species B permits, should 
applications for that amount be received. NMFS also stated that its 
determination could be revised if additional information were received 
before the annual specifications were published in the Federal 
Register. Additional responses to NMFS' ``Survey of Intent to Harvest 
Underutilized Species'' were received. Consequently, NMFS has revised 
its determination and finds that 49,000 mt of the jack mackerel harvest 
guideline may be used by the limited-entry fleet in 1995, leaving 3,600 
mt available for designated species B permits.
    There is virtually no information regarding bycatch in a jack 
mackerel fishery north of 39 deg.00'00'' N. lat. The Council 
recommended bycatch limits, which may be changed during the year, based 
on the open-access limits and guidance in the FMP regarding a jack 
mackerel joint venture. These limits are intended to enable information 
to be obtained about levels and species of bycatch in this fishery. If 
designated species B permits for jack mackerel are issued in 1995, the 
Council initially recommended the following bycatch limits, which may 
be changed during the year: (1) Rockfish, 40,000 lb (18,144 kg) 
cumulative per month, not to exceed any limited-entry limit; (2) 
sablefish, 300 lb (136 kg) per day, consistent with the Council's final 
recommendation for the open-access daily trip limit (and slightly 
higher than the 250-lb (113-kg) daily trip limit initially discussed by 
the Council in October); (3) whiting--3 percent of the monthly 
cumulative delivery of jack mackerel, unless at-sea processing of 
whiting is prohibited, in which case no whiting could be retained.

G. Recreational Fishing

    Lingcod. In 1994, the recreational daily bag limits for lingcod 
were five fish 22 inches (56 cm) or larger off California, and three 
fish of any size off Oregon and Washington. In 1995, the daily bag 
limits are continued, but the 22-inch (56-cm) minimum size limit is 
applied to Oregon and Washington as well.
    Rockfish. The 1994 recreational daily bag limits for rockfish 
continue in 1995: In California, 15 fish; in Oregon, 15 fish 
[[Page 2341]] of which no more than 10 may be black rockfish; in 
Washington, 15 fish south of Leadbetter Point (46 deg.38'10'' N. lat.) 
and 12 fish north of Leadbetter Point.
    The State of California allows possession of multi-day limits 
according to State law.

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 
1995, including those that are the same as in 1994.

A. General Definitions and Provisions

    The following definitions and provisions apply to the 1995 
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 a vessel may legally land per fishing 
trip or cumulatively per unit of time, or the number of landings that 
may be made by 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. Cumulative 
trip limits for 1995 initially apply to calendar months.
    (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 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. Total length is measured 
from the tip of the snout (mouth closed) to the tip of the tail 
(pinched together) without mutilation of the fish or the use of 
additional 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.
    (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 
nautical miles 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 nautical 
miles 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 above). Changes to trip limits are effective at the 
times stated in the Federal Register. Once a change is effective, it is 
illegal to take and retain, possess, or land more fish than allowed 
under the new trip limit. This means, unless otherwise announced in the 
Federal Register, offloading must begin before the time a fishery 
closes or a more restrictive trip limit takes effect.
    (10) It is unlawful for any person to take and retain, possess, or 
land groundfish in excess of the landing limit for the open-access 
fishery without having a valid limited-entry permit for the vessel 
affixed with a gear endorsement for the gear used to catch the fish (50 
CFR 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)(1)(iii)). 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.
    (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 
[[Page 2342]] Washington and Oregon already have the same or similar 
requirements. If approved, the regulation is expected to be 
implemented in 1995.

    (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.

B. Widow Rockfish

    (1) Limited-entry fishery. The cumulative trip limit for widow 
rockfish is 30,000 lb (13,608 kg) per vessel per month. (Widow rockfish 
also are called brownies.)
    (2) Open-access fishery. See paragraph IV.I. below.

C. Sebastes Complex (Including Bocaccio, Yellowtail, and Canary 
Rockfish)

    (1) General. (a) 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, idiot, 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.
    (b) Cape Lookout means 45 deg.20'15'' N. lat.
    (c) Cape Mendocino means 40 deg.30'00'' N. lat.
    (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 35,000 lb (15,876 kg) per vessel 
per month. Within this cumulative trip limit for the Sebastes complex, 
no more than 14,000 lb (6,350 kg) may be yellowtail rockfish taken and 
retained north of Cape Lookout, and no more than 6,000 lb (2,722 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 50,000 lb (22,680 kg) per vessel per month. Within this 
cumulative trip limit for the Sebastes complex, no more than 30,000 lb 
(13,608 kg) may be yellowtail rockfish taken and retained between Cape 
Lookout and Cape Mendocino, and no more than 6,000 lb (2,722 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 100,000 
lb (45,359 kg) per vessel per month. Within this cumulative trip limit 
for the Sebastes complex, no more than 30,000 lb (13,608 kg) may be 
bocaccio taken and retained south of Cape Mendocino, and no more than 
6,000 lb (2,722 kg) may be canary rockfish.
    (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 month 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. See paragraph IV.I. below. The State 
declaration procedures are available to all vessels, whether in the 
limited-entry or open-access fishery.

D. POP

    (1) Limited-entry fishery. The cumulative trip limit for POP is 
6,000 lb (2,722 kg) per vessel per month.
    (2) Open-access fishery. See paragraph IV.I. below.

E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and Trawl-
Caught Sablefish

    (1) 1995 Management goal. The sablefish fishery will be managed to 
achieve the 7,100-mt harvest guideline in 1995.
    (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 1995 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, the remainder will be allocated 58 percent to the 
trawl fishery and 42 percent to the nontrawl fishery.

    Note: The 1995 harvest guideline for sablefish north of 36 deg. 
N. lat. is 7,100 mt. The 780-mt tribal allocation is subtracted, and 
the limited-entry and open-access allocations are based on the 
remaining 6,320 mt. The limited-entry allocation for 1995 of 5,900 
mt is allocated 3,420 mt (58 percent) to the trawl fishery and 2,480 
mt (42 percent) to the nontrawl fishery. The trawl and nontrawl gear 
allocations are harvest guidelines in 1995, which means the fishery 
will be managed so that the harvest guidelines are not exceeded, but 
will not necessarily be closed if they are reached.

    (b) Trip and size limits. These provisions apply to Dover sole and 
thornyheads caught with any limited-entry gear and to sablefish caught 
with limited-entry trawl gear.
    (i) ``DTS complex'' means Dover sole (Microstomus pacificus), 
thornyheads (Sebastolobus spp.), and trawl-caught sablefish (Anoplopoma 
fimbria). Sablefish also are called blackcod. Thornyheads, also called 
idiots, channel rockfish, or hardheads, include two species, shortspine 
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis).
    (ii) Trip limits. (A) North of Cape Mendocino. The cumulative trip 
limit for the DTS complex taken and retained north of Cape Mendocino is 
35,000 lb (15,876 kg) per vessel per month. Within this cumulative trip 
limit, no more than 6,000 lb (2,722 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.
    (B) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 50,000 lb (22,680 
kg) per vessel per month. Within this cumulative trip limit, no more 
than 6,000 lb (2,722 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.
    (C) In any trip, no more than 1,000 lb (454 kg) or 33.333 percent 
of the legal thornyheads and Dover sole, whichever is greater, may be 
trawl-caught sablefish; and no more than 500 lb (227 kg) may be trawl-
caught sablefish smaller than 22 inches (56 cm) total length.

    [[Page 2343]] Note: One third of thornyheads and Dover sole (the 
DTS complex excluding sablefish) is equivalent to 25 percent of the 
DTS complex (including sablefish). As stated in paragraph IV.A.(4), 
percentages are based on round weights, and, unless otherwise 
specified, apply only to legal fish on board.

    (D) For operating in areas with different trip limits for the same 
species, see paragraph IV. A.(12) above.
    (c) Nontrawl trip and size limits. 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).
    (i) North of 36 deg.00'00'' N. lat. The daily trip limit for 
sablefish taken and retained with nontrawl gear north of 36 deg.00'00'' 
N. lat. is 300 lb (136 kg).
    (ii) South of 36 deg.00'00'' N. lat. The daily trip limit for 
sablefish taken and retained with nontrawl gear south of 36 deg.00'00'' 
N. lat. is 350 lb (159 kg).

    Note: The Council recommended that the regular season be delayed 
until August 6, with a closure to all nontrawl gear 72 hours before 
it begins. This change must be approved by NMFS and then implemented 
by a regulation published in the Federal Register. The Council's 
recommendation is more fully discussed earlier in this document.

    (iii) During the ``regular'' season, 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 on board, whichever is greater. (See paragraph IV.A.(6) 
regarding length measurement.)
    (iv) Following the regular season, on a date to be announced in the 
Federal Register, the daily trip limits will be reimposed for sablefish 
(of any size) caught with nontrawl gear.
    (d) For processed (``headed'') sablefish:
    (i) The minimum size limit, which corresponds to 22 inches (56 cm) 
total length for whole fish, is 15.5 inches (39 cm) 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; and
    (ii) The product recovery ratio (PRR) 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 PRR currently is 1.6 in Washington, Oregon, and California. 
However, the state PRRs may differ and fishermen should contact fishery 
enforcement officials in the state where the fish will be landed to 
determine that state's official PRR.)
    (4) Open-access fishery. See paragraph IV.I. below.

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 until 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 (from 43 deg.00'00'' N. lat. to 
40 deg.30'00'' N. lat.).
    (2) Open-access fishery. See paragraph IV.I. below.

G. Lingcod

    (1) Limited-entry fishery. The cumulative trip limit for lingcod is 
20,000 lb (907 kg) per vessel per month. All lingcod must be greater 
than 22 inches (56 cm) total length. Length measurement is explained at 
paragraph IV.A.(6).
    (2) Open-access fishery. See paragraph IV.I. below.

H. Black Rockfish

    The regulations at 50 CFR 663.23(b)(1)(iii) state: ``The trip limit 
for black rockfish (Sebastes melanops) for commercial fishing vessels 
using hook-and-line gear between the U.S.-Canada border and Cape Alava 
(48 deg.09'30'' N. lat.), and between Destruction Island 
(47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.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 [Sec. 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 (announced in this paragraph IV.I.), or for the same gear and/
or subarea in the limited-entry fishery (as announced in this Federal 
Register document in paragraphs titled ``limited-entry''). 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) Hook-and-line and pot gear:
    (a) 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.
    (i) 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.
    (ii) 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.
    (iii) Coastwide. Within the cumulative trip limits, there is a 
10,000-lb (4,536-kg) trip limit for rockfish that applies per vessel 
per fishing trip.
    (iv) For operating in areas with different trip limits for the same 
species, see paragraph IV.A.(12) above.
    (b) Sablefish.
    (i) North of 36 deg.00'00'' N. lat. The daily trip limit for 
sablefish taken and retained north of 36 deg.00'00'' N. lat. is 300 lb 
(136 kg).
    (ii) South of 36 deg.00'00'' N. lat. The daily trip limit for 
sablefish taken and retained south of 36 deg.00'00'' N. lat. is 350 lb 
(159 kg).

    Note: Under current regulations, the ``regular'' season and 72-
hour closures specified at 50 CFR 663.23(b)(2) do not apply to the 
open-access fishery. This may change, however, if the Council 
recommendations are approved and the regulations revised for 1995.

    (2) Set net and trammel net: The trip limits are the same as for 
hook-and-line and pot gear (paragraph IV.I.(1)), except that the 
10,000-lb (4,536-kg) ``per trip'' limit for rockfish does not apply (at 
paragraph IV.I.(1)(a)(iii)).
    (3) Shrimp trawl or pot (trap) (used to catch pink shrimp or spot 
or ridgeback prawns):
    (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 species listed at 50 CFR 663.2.
    (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) No groundfish landing by shrimp or prawn trawl may be in excess 
of the limited-entry trip limit for groundfish [[Page 2344]] 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.
    (d) 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) 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 deg.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), 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.
    (c) No groundfish landing by California halibut or sea cucumber 
trawl may be in excess of the limited-entry trip limit for groundfish 
trawl gear.

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. Multi-day limits are authorized by a 
valid permit issued by the State of California and must not exceed the 
daily limit multiplied by the number of days in the fishing trip.
    (2) Oregon. The bag limits for each person engaged in recreational 
fishing seaward of the State of Oregon are: 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 deg.38'10'' N. 
lat.) or 12 rockfish per day north of Leadbetter Point.

Classification

    The final specifications and management measures for 1995 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 come from the current fishing season. 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 fishing year, 
there is good cause under section 553(b) of the Administrative 
Procedure Act 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 was 
notified, through Federal Register publication and Council mailings, of 
meetings and of the development of these measures, and was 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 1994 
where these recommendations were formulated. Additional public comments 
will be accepted for 30 days after publication of 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 this rule is being issued without prior notice and 
opportunity for public comment, preparation of a Regulatory Flexibility 
Analysis 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. These specifications announce the 
harvest goals and the management measures designed to achieve those 
harvest goals in 1995. 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 4, 1995.

    Dated: January 4, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-465 Filed 1-4-95; 2:58 pm]
BILLING CODE 3510-22-P