Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2331

D. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because the

interim rule does not impose any

additional reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501

et seq.

List of Subjects in 48 CFR Part 231

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 231 is

amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

2. Section 231.205–6 is amended by

adding a new paragraph (a)(2) preceding

the existing paragraph (g)(2)(i) to read as

follows:

231.205–6 Compensation for personal

services.

(a)(2) Costs for individual

compensation in excess of $250,000 per

year are unallowable under DoD

contracts that are awarded after April

15, 1995, and are funded by fiscal year

1995 appropriations (Public Law 103–

335).

* * * * *

3. Section 231.303 is amended by

adding paragraph (3) to read as follows:

231.303 Requirements.

(1) * * *

(2) * * *

(3) The limitation on allowable

individual compensation at 231.2205–

6(a)(2) also applies to this subpart.

4. Section 231.603 is amended by

redesignating paragraphs (1) through

(15) as (i) through (xv) and redesignating

paragraphs (11) (i) and (ii) as paragraphs

(xi) (A) and (B); designating the

introductory text as paragraph (1); and

adding a new paragraph (2) to read as

follows:

231.603 Requirements.

* * * * *

(2) The limitation on allowable

individual compensation at 231.205–

6(a)(2) also applies to this subpart.

5. Section 231.703 is revised to read

as follows:

231.703 Requirements.

(1) Under 10 U.S.C. 2324(e), the costs

cited in 231.603(a) are unallowable.

(2) The limitation on allowable

individual compensation at 231.205–

6(a)(2) also applies to this subpart.

[FR Doc. 95–312 Filed 1–6–95; 8:45 am]

BILLING CODE 5000–04–M

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 limitedentry and open-access allocations are

listed in Table 1, followed by a

discussion of each 1995 specification

that differs from 1994 levels. The
2332 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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).
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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

Species

Acceptable Biological Catch (ABC) (×1,000 mt)

Harvest

Guideline

(×1,000 mt)

Allocations (×1,000 mt)

Vancouver a Columbia Eureka Monterey Concep- tion Total ABC Limited entry Open access 1000 mt Percent 1000 mt Percent

Roundfish:

Lingcod b ........................................................ 1.3 0.3 0.7 0.1 2.4 2.4 1.21 80.9 0.29 19.1Pacific cod ..................................................... 3.2 (c) (c) (c) 3.2 ....................... ............... ............... ............... ...............Pacific whiting d .............................................. 223.0 223.0 178.4 ............... ............... ............... ...............Sablefish e, f .................................................... 8.7 0.425 9.1 7.1 5.90 93.4 0.42 6.6Jack mackerel g .............................................. 52.6 52.6 52.6 ............... ............... ............... ...............

Rockfish:

POPh ............................................................. 0.0 0.0 (c) (c) (c) 0.0 1.3 ............... ............... ............... ...............Shortbelly ....................................................... 23.5 23.5 23.5 ............... ............... ............... ...............Widow i ........................................................... 7.7 7.7 6.5 6.26 96.3 0.24 3.7

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

Shortspine e, j ........................................... 1.0 ............... 1.0 1.5 ............... ............... ............... ...............Longspine e, j ........................................... 7.0 ............... 7.0 6.0 ............... ............... ............... ...............

Sebastes complex: k ...................................... 11.9 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 l ................................................ (c) (c) 1.7 1.7 1.7 1.01 67.4 0.49 32.6Canary

m

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

Chilipepper .............................................. (c) (c) 4.0 4.0 ....................... ............... ............... ............... ...............Yellowtail n ............................................... 1.19 2.97 2.58 (c) (c) 6.74 4.16 N

2.58 S

3.76

2.33

90.490.4

0.40

0.25

9.69.6

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

Flatfish:

Dover sole e, o ................................................. 2.4 3.0 2.9 5.0 1.0 14.3 13.6 WOC,

2.85 Col

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

English sole ................................................... 2.0 1.1 3.1 ....................... ............... ............... ............... ...............Petrale sole .................................................... 1.2 0.5 0.8 0.2 2.7 ....................... ............... ............... ............... ...............Arrowtooth Flounder ...................................... 5.8 5.8 ....................... ............... ............... ............... ...............Other flatfish .................................................. 0.7 3.0 1.7 1.8 0.5 7.7 ....................... ............... ............... ............... ...............

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

a U.S. Vancouver only, except for Pacific whiting.
2334 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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 harvestof 900 mt. 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. d Coastwide 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 harvestguideline. e Dover sole, thornyheads, and trawl-caught sablefish are managed together as the ‘‘DTS complex’’ (formerly called the deepwater complex). There is no harvest guideline for the DTS

complex. fThe 7,100 mt sablefish harvest guideline is the 8,700 mt ABC north of the Conception subarea (north of 36° N. latitude) reduced by 900 mt for estimated discards 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 harvestguidelines. (See the section on trawl and nontrawl sablefish management for 1994.) gOnly jack mackerel north of 39°00′ N. latitude are managed by the FMP. The ABC and harvest guideline include area beyond 200 nm. hThe POP harvest guideline applies to the Vancouver/Columbia subareas combined. A discard factor of 16 percent was used in setting the harvest guideline for landed catch.

iThe 6,500 mt harvest guideline is derived by subtracting an estimate of discards (1,200 mt) from the ABC (7,700 mt).jThe thornyhead ABCs and harvest guidelines apply north of Point Conception, CA. The harvest guideline represents landed catch.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 ofCape Alava (48°09′30′′ N. latitude) and 10,000 pounds (4,536 kg) between Destruction Island (47°40′00′′ N. latitude) and Leadbetter Point (46°38′10′′ N. latitude). The Sebastes-South harvest guideline is the sum of the ABCs for the species in the Eureka/Monterey/Conception subareas: bocaccio (1,700 mt), canary (250 mt), chilipepper (4,000 mt), yellowtail rockfish (300 mt),

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

The open access and limited entry allocation percentages for bocaccio are applied only to the commercial portion of the harvest guideline, which is 1,500 mt in 1995 (1,700 mt harvestguideline minus 200 mt estimated recreational harvest). m The canary rockfish harvest guideline for the Vancouver/Columbia area is the sum of the ABCs minus 150 mt for estimated discards.

nThe 1993 yellowtail rockfish assessment addressed three separate areas: U.S. Vancouver; Columbia north of Cape Falcon; and Columbia south of Cape Falcon plus Eureka. For this

table, the 2,970 mt Columbia ABC is for north Columbia only, and the Eureka ABC is for the Eureka subarea plus south Columbia. The total ABC for yellowtail rockfish is divided into twoharvest 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 areasouth of Cape Lookout). The harvest guidelines for the Sebastes complex apply to different areas, north and south of the Columbia/Eureka border at 43°00′00′′ N. latitude. For calculating

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

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

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. 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). p Includes sharks, skates, rays, ratfish, morids, grenadiers, and other groundfish species noted above in footnote c.
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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°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°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°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°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
2336 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

mt to 7,000 mt for longspine

thornyheads. The 1995 ABCs apply

north of Point Conception, CA

(34°30′00′′ N. lat.), whereas in 1994 they

applied only to the Monterey, Eureka,

and Columbia subareas (36°00′00′′–

47°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°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°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 VancouverColumbia area (the EEZ north of

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

subarea boundary). The yellowtail rockfish

ABCs in the Columbia area are divided at

Cape Falcon (45°46′00′′ N. lat.) and the

harvest guidelines are divided at Cape

Lookout (40°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
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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 limitedentry 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 openaccess 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 openaccess share would have been less than

1 percent, no open-access allocation is

specified because significant openaccess 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 openaccess 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
2338 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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 limitedentry 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°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°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°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 openaccess fisheries. These three fisheries

are managed differently. The limitedentry 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°53′18′′ N. lat. and east of 125°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 openaccess regulations or allocations.
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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°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°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°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°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 openaccess 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 limitedentry) 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 mopup 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°30′00′′–

43°00′00′′ N. lat.). In 1995 as in 1994,

the regular season begins on March 1

between 42°00′00′′–40°30′00′′ N. lat.,

and on April 15 north of 42°00′00′′ N.

lat. and south of 40°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.
2340 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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°00′00′′ N. lat. and 350 lb

(159 kg) south of 36°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°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°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 openaccess 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 openaccess 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°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°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
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2341

of which no more than 10 may be black

rockfish; in Washington, 15 fish south of

Leadbetter Point (46°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 openaccess 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
2342 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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°20′15′′ N.

lat.

(c) Cape Mendocino means 40°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 TrawlCaught 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 tribalimposed 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° 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 limitedentry 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.
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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°00′00′′ N. lat. The daily

trip limit for sablefish taken and

retained with nontrawl gear north of

36°00′00′′ N. lat. is 300 lb (136 kg).

(ii) South of 36°00′00′′ N. lat. The

daily trip limit for sablefish taken and

retained with nontrawl gear south of

36°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°00′00′′ N. lat. to 40°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 hookand-line gear between the U.S.-Canada

border and Cape Alava (48°09′30′′ N.

lat.), and between Destruction Island

(47°40′00′′ N. lat.) and Leadbetter Point

(46°38′10′′ N. lat.), is 100 lb or 30

percent by weight of all fish on board,

whichever is greater, per vessel per

fishing trip. This trip limit does not

apply to coastal treaty Indian fishermen

operating under harvest guidelines

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

this section [§ 663.23].’’ The provisions

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

do not apply.

I. Trip Limits in the Open-Access

Fishery

A vessel operating in the open-access

fishery must not exceed any trip limit,

frequency limit, and/or size limit for the

open-access fishery (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°00′00′′ N. lat. The daily

trip limit for sablefish taken and

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

lb (136 kg).

(ii) South of 36°00′00′′ N. lat. The

daily trip limit for sablefish taken and

retained south of 36°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
2344 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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°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. Multiday limits are authorized by a valid

permit issued by the State of California

and must not exceed the daily limit

multiplied by the number of days in the

fishing trip.

(2) Oregon. The bag limits for each

person engaged in recreational fishing

seaward of the State of Oregon are:

Three lingcod per day, which may be no

smaller than 22 inches (56 cm) total

length; and 15 rockfish per day, of

which no more than 10 may be black

rockfish (Sebastes melanops).

(3) Washington. The bag limits for

each person engaged in recreational

fishing seaward of the State of

Washington are: three lingcod per day

no smaller than 22 inches (56 cm) total

length, and either 15 rockfish per day

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

lat.) or 12 rockfish per day north of

Leadbetter Point.

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

50 CFR Part 677

[Docket No. 940412–4360; I.D. 102094A]

RIN 0648–AD80

North Pacific Fisheries Research Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

clarify and make minor changes to the

regulations implementing the North

Pacific Fisheries Research Plan

(Research Plan). This action clarifies

1995 observer coverage requirements,

revises the definition of the term

‘‘processor,’’ specifies who is and is not

included in the definition of processor,

and exempts certain processors

included in the definition from the

requirement to have a Federal Processor

Permit. These clarifications are

incorporated as minor revisions to the

instructions accompanying the Federal

Processor Permit Application. In

addition, the definition of ‘‘round

weight’’ is revised to conform it to

recent regulatory changes. This final

rule is consistent with the intent of the

regulations implementing the Research

Plan and is intended to reduce

confusion during the first year of the

fee-collection program authorized under

the Research Plan.

EFFECTIVE DATE: January 4, 1995.