Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations 1541

2002, less than half of the Dover sole OY

would remain for the remaining 8

months of the year. Early attainment of

Dover sole would likely result in

closures or severe cutbacks in

opportunities for other DTS complex

(Dover sole, shortspine thornyhead,

longspine thornyhead, sablefish) species

and flatfish species during much of

2002. To address bycatch concerns for

rebuilding species, proposed 2002

flatfish limits were also lowered during

the first four months of the year relative

to 2001. Failure to implement these

reductions could jeopardize the ability

to stay within rebuilding targets for

some species.

Within the fixed gear fisheries, several

drastic reductions in shelf rockfish

limits are being proposed to reduce

mortality of yelloweye rockfish, which

will be declared overfished in the

Proposed Rules section of this issue of

the Federal Register. Line gears will

land at least 8 mt of yelloweye rockfish

in 2001, and landed over 7 mt in 2000.

Less than 5 mt of yelloweye rockfish

mortality will be allocated to the

commercial fishery for 2002, with an

expectation that 1–2 mt will be caught

as bycatch in trawl fisheries on the

continental shelf. A new yelloweye

rockfish bag limit and other yelloweye

rockfish restrictions are imposed in the

recreational fisheries to protect this

species. Failure to implement the more

restrictive fixed-gear landing limits

proposed for shelf rockfish species in

2002 could lead to early attainment of

yelloweye rockfish. This could

jeopardize not only other longline

fisheries, such as the $4 million primary

sablefish season, but also trawl fisheries

on the continental shelf. In a few cases,

trip limits in January and February 2002

are higher than in 2001 because the

proposed OYs have increased or

because they provide an opportunity to

harvest healthy stocks when they are

segregated from the overfished stocks in

the winter.

Specifications and management

measures proposed for March–

December 2002 in the Proposed Rules

section of this issue of the Federal

Register, combined with this emergency

rule, are a balance intended to protect

overfished groundfish species while

allowing harvesters some access to

healthy groundfish stocks. The

proposed specifications and

management measures are designed to

rebuild overfished stocks through

constraining direct and incidental

mortality to prevent overfishing, and to

achieve as much of the OYs as

practicable for healthier groundfish

stocks managed under the FMP. The

proposed specifications and

management measures describe the

rationale for the 2002 groundfish

management measures and include trip,

bag and size limits, time/area closures,

and gear-and area-specific regulations,

including the management measures

implemented in this emergency rule.

During 2002, NMFS and the Council

will consider how to incorporate a

NMFS proposed and final rulemaking

process into the Council’s annual

specifications and management

measures process without using an

emergency rule to implement

management measures for 2003.

NMFS Actions

For the reasons stated above, the

Assistant Administrator for Fisheries,

NOAA (Assistant Administrator or AA),

concurs with the Council’s

recommendations and announces the

following management actions for

January 1 through February 28, 2002.

A. General Definitions and Provisions

The following definitions and

provisions apply to the 2002

management measures, unless otherwise

specified in a subsequent Federal

Register document:

(1) Trip limits. Trips limits are used

in the commercial fishery to specify the

amount of fish that may legally be taken

and retained, possessed, or landed, per

vessel, per fishing trip, or cumulatively

per unit of time, or the number of

landings that may be made from a vessel

in a given period of time, as follows:

(a) A per trip limit is the total

allowable amount of a groundfish

species or species group, by weight, or

by percentage of weight of legal fish on

board, that may be taken and retained,

possessed, or landed per vessel from a

single fishing trip.

(b) A daily trip limit is the maximum

amount that may be taken and retained,

possessed, or landed per vessel in 24

consecutive hours, starting at 0001

hours 1.t. Only one landing of

groundfish maybe made in that 24-hour

period. Daily trip limits may not be

accumulated during multiple day trips.

(c) A weekly trip limit is the

maximum amount that may be taken

and retained, possessed, or landed per

vessel in 7 consecutive days, starting at

0001 hours 1.t. on Sunday and ending

at 2400 hours 1.5 on Saturday. Weekly

trip limits may not be accumulated

during multiple week trips. If a calendar

week includes days within two different

months a vessel is not entitled to two

separate weekly limits during that week.

(d) 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, unless otherwise

specified. The cumulative trip limit

periods for limited entry and open

access fisheries, which start at 001

hours 1.t. and end at 2400 hours 1.t., are

as follows, unless otherwise specified:

(i) The first 2-month period of 2002 is

January 1–February 28, March 1–April

30, May 1–June 30, July 1–August 31,

September 1–October 31, and,

November 1–December 31.

(ii) One month means the first day

through the last day of the calendar

month.

(iii) One week means 7 consecutive

days, Sunday through Saturday.

(2) Fishing ahead. 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 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 period.

As stated at 50 CFR 660.302 (in the

definition of ‘‘landing’’), once the

offloading of any species begins, all fish

aboard the vessel are counted as part of

the landing. Fishing ahead is not

allowed during or before a closed period

(see paragraph A.(7)). See paragraph

A.(9) for information on inseason

changes to limits.

(3) Weights. All weights are round

weights or round-weight equivalents

unless otherwise specified.

(4) Percentages. Percentages are based

on round weights, and, unless otherwise

specified, apply only to legal fish on

board.

(5) Legal fish. ‘‘Legal fish’’ means fish

legally taken and retained, possessed, or

landed in accordance with the

provisions of 50 CFR part 660, the

Magnuson-Stevens Act, any document

issued under part 660, and any other

regulation promulgated or permit issued

under the Magnuson-Stevens Act.

(6) Size limits and length

measurement. Unless otherwise

specified, size limits in the commercial

and recreational groundfish fisheries

apply to the ‘‘total length,’’ which is the

longest measurement of the fish without

mutilation of the fish or the use of force

to extend the length of the fish. No fish

with a size limit may be retained if it is

in such condition that its length has

been extended or cannot be determined

by these methods. For conversions not

listed here, contact the state where the

fish will be landed.

(a) Whole fish. For a whole fish, total

length is measured from the tip of the

snout (mouth closed) to the tip of the

tail in a natural, relaxed position.

1542 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations

(b) ‘‘Headed’’ fish. For a fish with the

head removed (‘‘headed’’), the length is

measured from the origin of the first

dorsal fin (where the front dorsal fin

meets the dorsel 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.

(c) Filets. A filet is the flesh from one

side of a fish extending from the head

to the tail, which has been removed

from the body (head, tail, and backbone)

in a single continuous piece. Filet

lengths may be subject to size limits for

some groundfish taken in the

recreational fishery off California (see

paragraph D.(1)). A filet is measured

along the length of the longest part of

the filet in a relaxed position; stretching

or otherwise manipulating the filet to

increase its length is not permitted.

(d) Sablefish weight limit conversions.

The following conversions apply to both

the limited entry and open access

fisheries when trip limits are effective

for those fisheries. For headed and

gutted (eviscerated) sablefish, the

conversion factor established by the

state where the fish is or will be landed

will be used to convert the processed

weight to round weight for purposes of

applying the trip limit. (The conversion

factor currently is 1.6 in Washington,

Oregon, and California. However, the

state conversion factors may differ;

fishers should contact fishery

enforcement officials in the state where

the fish will be landed to determine that

state’s official conversion factor.)

(e) Lingcod size and weight

conversions. The following conversions

apply in both limited entry and open

access fisheries.

(i) Size conversion. For lingcod with

the head removed, the minimum size

limit is 19.5 inches (49.5 cm), which

corresponds to 24 inches (61 cm) total

length for whole fish.

(ii) Weight Conversion. The

conversion factor established by the

state where the fish is or will be landed

will be used to convert the processed

weight to round weight for purposes of

applying the trip limit. (The states’

conversion factors may differ, and

fishers should contact fishery

enforcement officials in the state where

the fish will be landed to determine that

state’s official conversion factor.) If a

state does not have a conversion factor

for headed and gutted lingcod, or

lingcod that is only gutted; the

following conversion factors will be

used. To determine the round weight,

multiply the processed weight times the

conversion factor.

(A) Headed and gutted. The

conversion factor for headed and gutted

lingcod is 1.5.

(B) Gutted, with the head on. The

conversion factor for lingcod that has

only been gutted is 1.1

(7) Closure. ‘‘Closure,’’ when referring

to closure of fishery, means that taking

and retaining, possessing, or landing the

particular species or species group is

prohibited. (See 50 CFR 660.302.)

Unless otherwise announced in the

Federal Register, offloading must begin

before the time the fishery closes. The

provisions at paragraph A.(2) for fishing

ahead do not apply during a closed

period. It is unlawful to transit through

a closed area with the prohibited

species on board, no matter where that

species was caught, except as provided

for in the Cowcod Conservation Areas at

A.(20).

(8) Fishery management area. The

fishery management area for these

species is the EEZ off the coasts of

Washington, Oregon, and California

between 3 and 200 nm offshore,

bounded on the north by the Provisional

International Boundary between the

United States and Canada, and bounded

on the south by the International

Boundary between the United States

and Mexico. All groundfish possessed

between 0–200 nm offshore or landed in

Washington, Oregon, or California are

presumed to have been taken and

retained from the EEZ, unless otherwise

demonstrated by the person in

possession of those fish.

(9) Routine management measures.

Most trip, bag, and size limits in the

groundfish fishery have been designated

‘‘routine,’’ which means they may be

changed rapidly after a single Council

meeting. (See 50 CFR 660.323(b).)

Council meetings in 2002 will be held

in the months of March, April, June,

September, and November. Inseason

changes to routine management

measures are announced in the Federal

Register. Information concerning

changes to routine management

measures is available from the NMFS

Northwest and Southwest Regional

Offices (see ADDRESSES). Changes to trip

limits are effective at the times stated in

the Federal Register. Once a change is

effective, it is illegal to take and retain,

possess, or land more fish than allowed

under the new trip limit. This means

that, 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) Limited entry limits. It is

unlawful for any person to take and

retain, possess, or land groundfish in

excess of the landing limit for the open

access fishery without having a valid

limited entry permit for the vessel

affixed with a gear endorsement for the

gear used to catch the fish (50 CFR

660.306(p)).

(11) Operating in both limited entry

and open access fisheries. The open

access trip limit applies to any fishing

conducted with open access gear, even

if the vessel has a valid limited entry

permit with an endorsement for another

type of gear. A vessel that operates in

both the open access and limited entry

fisheries is not entitled to two separate

trip limits for the same species. If a

vessel has a limited entry permit and

uses open gear, but the open access

limit is smaller than the limited entry

limit, the open access limit cannot be

exceeded and counts toward the limited

entry limit. If a vessel has a limited

entry permit and use open access gear,

but the open access limit is larger than

the limited entry limit, the smaller

limited entry limit applies, even if taken

entirely with open access gear.

(12) Operating in areas with different

trip limits. Trip limits for a species or

a species group 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 group. Such

crossover provisions do not apply to

species that are subject only to daily trip

limits, or to the trip limits for black

rockfish off Washington (see 50 CFR

660.323(a)(1)). In 2002, the cumulative

trip limit periods for the limited entry

and open access fisheries are specified

in paragraph A(1)(d), but may be

changed during the year if announced in

the Federal Register.

(a) Going from a more restrictive to a

more liberal area. If a vessel takes and

retains any groundfish species or

species group of groundfish in an area

where a more restrictive trip limit

applies before fishing in an area where

a more liberal trip limit (or no trip limit)

applies, then that vessel is subject to the

more restrictive trip limit for the entire

period to which that trip limit applies,

no matter where the fish are taken and

retained, possessed, or landed.

(b) Going from a more liberal to a

more restrictive area. If a vessel takes

and retains a groundfish species or

species group in an area where a higher

trip limit or no trip limit applies, and

takes and retains, possesses or lands the

same species or species group in an area

where a more restrictive trip limit

applies, 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.

(c) Minor rockfish. Several rockfish

species are designated with speciesVerDate 11<MAY>2000 18:02 Jan 10, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11JAR2.SGM pfrm04 PsN: 11JAR2
Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations 1543

specific limits on one side of the 40°10′

N. lat. management line, and are

included as part of a minor rockfish

complex on the other side of the line.

(i) If a vessel takes and retains minor

slope rockfish north of 40°10′ N. lat.,

that vessel is also permitted to take and

retain, possess or land splitnose rockfish

up to its cumulative limit south of

40°10′ N. lat., even if splitnose rockfish

were a part of the landings from minor

slope rockfish taken and retained north

of 40°10′ N. lat. [Note: A vessel that

takes and retains minor slope rockfish

on both sides of the management line in

a single cumulative limit period is

subject to the more restrictive

cumulative limit for minor slope

rockfish during that period.]

(ii) If a vessel takes and retains minor

slope rockfish south of 40°10′ N. lat.,

that vessel is also permitted to take and

retain, possess, or land POP up to its

cumulative limit north of 40°10′ N. lat.,

even if POP were a part of the landings

from minor slope rockfish taken and

retained south of 40°10′ N. lat.

Note: A vessel that takes and retains minor

slope rockfish on both sides of the

management line in a single cumulative limit

period is subject to the more restrictive

cumulative limit for minor slope rockfish

during that period.

(iii) If a vessel takes and retains minor

shelf rockfish north of 40°10′ N. lat., that

vessel is also permitted to take and

retain, possess, or land chilipepper

rockfish and bocaccio up to their

respective cumulative limits south of

40°10′ N. lat., even if either species is

part of the landings from minor shelf

rockfish taken and retained north of

40°10′ N. lat.

Note: A vessel that takes and retains minor

shelf rockfish on both sides of the

management line in a single cumulative limit

period is subject to the more restrictive

cumulative limit for minor shelf rockfish

during that period.

(iv) If a vessel takes and retains minor

shelf rockfish south of 40°10′ N. lat.,

that vessel is also permitted to take and

retain, possess, or land yellowtail

rockfish up to its respective cumulative

limits north of 40°10′ N. lat., even if

yellowtail rockfish is part of the

landings from minor shelf rockfish

taken and retained south of 40°10′ N.

lat.

Note: A vessel that takes and retains minor

shelf rockfish on both sides of the

management line in a single cumulative limit

period is subject to the more restrictive

cumulative limit for minor shelf rockfish

during that period.

(d) ‘‘DTS complex.’’ For 2002, there

are differential trip limits for the ‘‘DTS

complex’’ (Dover sole, shortspine

thornyhead, longspine thornyhead,

sablefish) north and south of the

management line at 40°10′ N. lat.

Vessels operating in the limited entry

trawl fishery are subject to the crossover

provisions in this paragraph A.(12)

when making landings that include any

one of the four species in the ‘‘DTS

complex.’’

(13) Sorting. It is 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, size limit,

quota, or commercial OY, if the vessel

fished or landed in an area during a

time when such trip limit, size limit,

commercial optimum yield, or quota

applied.’’ This provision applies to both

the limited entry and open access

fisheries. (See 50 CFR 660.306(h)). The

following species must be sorted in

2002:

(a) For vessels with a limited entry

permit:

(i) Coastwide—widow rockfish,

canary rockfish, darkblotched rockfish,

yelloweye rockfish, shortbelly rockfish,

minor nearshore rockfish, minor shelf

rockfish, minor slope rockfish,

shortspine and longspine thornyhead,

Dover sole, arrowtooth flounder, rex

sole, petrale sole, other flatfish, lingcod,

sabelfish, and Pacific whiting;

Note: Although both yelloweye and

darkblotched rockfish are considered minor

rockfish managed under the minor shelf and

minor slope rockfish complexes,

respectively, they have separate OYs and

therefore must be sorted by species.

(ii) North of 40°10′ N. lat.—Pacific

ocean perch, yellowtail rockfish, and,

for fixed gear, black rockfish and blue

rockfish;

(iii) South of 40°10′ N. lat.—

chilipepper rockfish, bocaccio rockfish,

splitnose rockfish, and Pacific sanddabs.

(b) For open access vessels (vessels

without a limited entry permit):

(i) Coastwide—widow rockfish,

canary rockfish, darkblotched rockfish,

yelloweye rockfish, minor nearshore

rockfish, minor shelf rockfish, minor

slope rockfish, arrowtooth flounder,

other flatfish, lingcod, sablefish, Pacific

whiting, and Pacific sanddabs;

(ii) North of 40°10′ N. lat.—black

rockfish, blue rockfish, Pacific ocean

perch, yellowtail rockfish;

(iii) South of 40°10′ N. lat.—

chilipepper rockfish, bocaccio rockfish,

splitnose rockfish;

(iv) South of Point Conception—

thornyheads.

(14) Limited Entry Trawl Gear

Restrictions. Limited entry trip limits

may vary depending on the type of trawl

gear that is on board a vessel during a

fishing trip: large-footrope, smallfootrope, or midwater trawl gear.

(a) Types of trawl gear. (i) Largefootrope trawl gear is bottom trawl gear,

as specified at 50 CFR 660.302 and

660.322(b), with a footrope diameter

larger than 8 inches (20 cm) (including

rollers, bobbins or other material

encircling or tied along the length of the

footrope).

(ii) Small-footrope trawl gear is

bottom trawl gear, as specified at 50

CFR 660.302 and 660.322(b), with a

footrope diameter 8 inches (20 cm) or

smaller (including rollers, bobbins or

other material encircling or tied along

the length of the footrope), except

chafing gear may be used only on the

last 50 meshes of a small-footrope trawl,

measured from the terminal (closed) end

of the codend. Other lines or ropes that

run parallel to the footrope may not be

augmented or modified to violate

footrope size restrictions.

(iii) Midwater trawl gear is pelagic

trawl gear, as specified at 50 CFR

660.302 and 660.322(b)(2). The footrope

of midwater trawl gear may not be

enlarged by encircling it with chains or

by any other means. Ropes or lines

running parallel to the footrope of

midwater trawl gear must be bare and

may not be suspended with chains or

other materials.

(b) Cumulative trip limits and

prohibitions by trawl gear type—(i)

Large-footrope trawl. It is unlawful to

take and retain, possess or land any

species of shelf or nearshore rockfish

(defined at A.(21) and Table 1) except

chilipepper rockfish south of 40°10′ N.

lat. (as specified in Table 2) from a

fishing trip if large-footrope gear is on

board; this restriction applies coastwide

from January 1 to December 31. It is

unlawful to take and retain, possess or

land petrale sole, rex sole, or arrowtooth

flounder from a fishing trip if largefootrope gear is onboard and the trip is

conducted at least in part between May

1 and October 31; cumulative limits for

‘‘all other flatfish’’ (all flatfish except

those with cumulative trip limits in

Table 2) are lower for vessels with largefootrope gear on board throughout the

year. (See Table 2.) It is unlawful for any

vessel using large-footrope gear to

exceed large-footrope gear limits for any

species or to use large-footrope gear to

exceed small-footrope gear or midwater

trawl gear limits for any species. The

presence of rollers or bobbins larger

than 8 inches (20 cm) in diameter on

board the vessel, even if not attached to

a trawl, will be considered to mean a

large-footrope trawl is on board. Dates

are adjusted for the ‘‘B’’ platoon (See

A.(16)).

1544 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations

(ii) Small-footrope or midwater trawl

gear. Cumulative trip limits for canary

rockfish, widow rockfish, yellowtail

rockfish, bocaccio, minor shelf rockfish,

minor nearshore rockfish, and lingcod,

and higher cumulative trip limits for

chilipepper rockfish and flatfish, as

indicated in Table 2, are allowed only

if small-footrope gear or midwater trawl

gear is used, and if that gear meets the

specifications in paragraphs A.(14).

(iii) Midwater trawl gear. Higher

cumulative trip limits are available for

limited entry vessels using midwater

trawl gear to harvest widow or

chilipepper rockfish. Each landing that

contains widow or chilipepper rockfish

is attributed to the gear on board with

the most restrictive trip limit for those

species. Landings attributed to smallfootrope trawl must not exceed the

small-footrope limit, and landings

attributed to midwater trawl must not

exceed the midwater trawl limit. If a

vessel has landings attributed to both

types of trawl during a cumulative trip

limit period, all landings are counted

toward the most restrictive gear-specific

cumulative limit.

(v) More than one type of trawl gear

on board. The cumulative trip limits in

Table 2 must not be exceeded. A fishing

vessel may have more than one type of

limited entry trawl gear on board, but

the most restrictive trip limit associated

with the gear on board applies for that

trip and will count toward the

cumulative trip limit for that gear.

Example: If a vessel has large-footrope gear

on board, it cannot land yellowtail rockfish,

even if the yellowtail rockfish is caught with

a small-footrope trawl. If a vessel has both

small-footrope trawl and midwater trawl gear

on board, the landing is attributed to the

most restrictive gear-specific limit, regardless

of which gear type was used.

(c) Measurement. The footrope will be

measured in a straight line from the

outside edge to the opposite outside

edge at the widest part on any

individual part, including any

individual disk, roller, bobbin, or any

other device.

(d) State landing receipts.

Washington, Oregon, and California will

require the type of trawl gear on board

with the most restrictive limit to be

recorded on the State landing receipt(s)

for each trip or an attachment to the

State landing receipt.

(e) Gear inspection. All trawl gear and

trawl gear components, including

unattached rollers or bobbins, must be

readily accessible and made available

for inspection at the request of an

authorized officer. No trawl gear may be

removed from the vessel prior to

offloading. All footropes shall be

uncovered and clearly visible except

when in use for fishing.

(15) Permit transfers. Limited entry

permit transfers are to take effect no

earlier than the first day of a major

cumulative limit period following the

day NMFS receives the transfer form

and original permit (50 CFR

660.335(e)(3)). Those days in 2002 are

January 1, March 1, May 1, July 1,

September 1, and November 1, and are

delayed by 15 days (starting on the 16th

of a month) for the ‘‘B’’ platoon.

(16) Platooning—limited entry trawl

vessels. Limited entry trawl vessels are

automatically in the ‘‘A’’ platoon, unless

the ‘‘B’’platoon is indicated on the

limited entry permit. If a vessel is in the

‘‘A’’ platoon, its cumulative trip limit

periods begin and end on the beginning

and end of a calendar month as in the

past. If a limited entry trawl permit is

authorized for the ‘‘B’’ platoon, then

cumulative trip limit periods will begin

on the 16th of the month (generally 2

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

unless otherwise specified.

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

cumulative trip limit periods begin on

the 16th of the month at 001 hours, 1.t.,

and end at 2400 hours, 1.t., on the 15th

of the month. Therefore, the

management measures announced

herein that are effective on January 1,

2002, for the ‘‘A’’ platoon will be

effective on January 16, 2002, for the

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

inseason changes to the cumulative trip

limits also will be delayed for 2 weeks

for the ‘‘B’’ platoon, unless otherwise

specified.

(b) A vessel authorized to operate in

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

may not land, groundfish from January

1, 2002, through January 15, 2002.

(c) A vessel authorized to operate in

the ‘‘B’’ platoon will have the same

cumulative trip limits for the November

16, 2002, through December 31, 2002,

period as a vessel operating in the ‘‘A’’

platoon has for the November 1, 2002,

through December 31, 2002 period.

(17) Exempted fisheries. U.S. vessels

operating under an exempted fishing

permit issued under 50 CFR part 600 are

also subject to these restrictions, unless

otherwise provided in the permit.

(18) Application of requirements.

Paragraphs B. and C. pertain to the

commercial groundfish fishery, but not

to Washington coastal tribal fisheries,

which are described in the section on

Washington Coastal Tribal Fisheries in

this document. The provisions in

paragraphs B. and C. that are not

covered under the headings ‘‘limited

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

vessels in the commercial fishery that

take and retain groundfish, unless

otherwise stated. Paragraph D. pertains

to the recreational fishery.

(19) Commonly used geographic

coordinates.

(a) Cape Falcon, OR—45°46′ N. lat.

(b) Cape Lookout, OR—45°20′15′′ N.

lat.

(c) Cape Blanco, OR—42°50′ N. lat.

(d) Cape Mendocino, CA—40°30′ N.

lat.

(e) North/South management line—

40°10′ N. lat.

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

(g) Point Conception, CA—34°27′ N.

lat.

(h) International North Pacific

Fisheries Commission (INPFC) subareas

(for more precise coordinates for the

Canadian and Mexican boundaries, see

50 CFR 660.304):

(i) Vancouver—U.S. Canada border to

47°30′ N. lat.

(ii) Columbia—47°30′ N. lat.

(iii) Eureka—43°00′ to 40°30′ N. lat.

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

(v) Conception—36°00′ N. lat. to the

U.S.-Mexico border.

(20) Cowcod Conservation Areas

(CCAs). Recreational and commercial

fishing for groundfish is prohibited

within the CCAs, except that

recreational and commercial fishing for

rockfish and lingcod is permitted in

waters inside 20 fathoms (36.9 m). It is

unlawful to take and retain, possess, or

land groundfish inside the CCAs, except

for rockfish and lingcod taken in waters

inside the 20-fathom (36.9 m) depth

contour, when those waters are open to

fishing. Commercial fishing vessels may

transit through the Western CCA with

their gear stowed and groundfish on

board only in a corridor through the

Western CCA bounded on the north by

the latitude line at 33°00′30′′ N. lat., and

bounded on the south by the latitude

line at 32°59′30′′ N. lat.

(i) The Western CCA is an area south

of Point Conception that is bound by

straight lines connecting all of the

following points in the order listed:

33°50′ N. lat., 119°30′ W. long.;

33°50′ N. lat., 118°50′ W. long.;

32°20′ N. lat., 118°50′ W. long.;

32°20′ N. lat., 119°30′ W. long.;

33°00′ N. lat., 119°30′ W. long.;

33°00′ N. lat., 119°50′ W. long.;

33°30′ N. lat., 119°50′ W. long.;

33°30′ N. lat., 119°30′ W. long.;

and connecting back to 33°50′ N. lat.,

119°30′ W. long.

(ii) The Eastern CCA is a smaller area

west of San Diego that is bound by

straight lines connecting all of the

following points in the order listed:

32°40′ N. lat., 118°00′ W. long.;

32°40′ N. lat., 117°50′ W. long.;

32°36′42′′ N. lat., 117°50′ W. long.;

32°30′ N. lat., 117°53′30′′ W. long.;

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations 1545

32°30′ N. lat., 118°00′ W. long.;

and connecting back to 32°40′ N. lat.,

118°00′ W. long.;

(21) Rockfish categories. Rockfish

(except thornyheads) are divided into

categories north and south of 40°10′ N.

lat., depending on the depth where they

most often are caught: Nearshore, shelf,

or slope. (Scientific names appear in

Table 1.) Trip limits are established for

‘‘minor rockfish’’ species according to

these categories (see Tables 1–4).

(a) Nearshore rockfish consists

entirely of the minor nearshore rockfish

species listed in Table 1.

(b) Shelf rockfish consists of canary

rockfish, shortbelly rockfish, widow

rockfish, yelloweye rockfish, yellowtail

rockfish, bocaccio, chilipepper, cowcod,

and the minor shelf rockfish species

listed in Table 1.

(c) Slope rockfish consists of Pacific

ocean perch, splitnose rockfish,

darkblotched rockfish, and the minor

slope rockfish species listed in Table 1.

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B. Limited Entry Fishery

(1) General. Most species taken in

limited entry fisheries will be managed

with cumulative trip limits (see

paragraph A.(1)(d)), size limits (see

paragraph A.(6)), and seasons (see

paragraph A.(7)). The trawl fishery has

gear requirements and trip limits that

differ by the type of trawl gear on board

(see paragraph A.(14)). Cowcod

retention is prohibition in all fisheries

and groundfish vessels operating south

of Point Conception must adhere to CCA

restrictions (see paragraph A.(20)).

Yelloweye rockfish retention is

prohibited in the limited entry fixed

gear fisheries. Most of the management

measures for the limited entry fishery

are listed above and in Tables 2 and 3,

and may be changed during the year by

announcement in the Federal Register.

However, the management regimes for

several fisheries (nontrawl sablefish,

Pacific whiting, and black rockfish) do

not neatly fit into these tables and are

addressed immediately following Tables

2 and 3.

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(2) Sablefish. The limited entry

sablefish allocation is further allocated

58 percent to trawl gear and 42 percent

to nontrawl gear.

(a) Trawl trip and size limits.

Management measures for the limited

entry trawl fishery for sablefish are

listed in Table 2.

(b) Nontrawl (fixed gear) trip and size

limits. To take, retain, possess, or land

sablefish during the primary season for

the limited entry fixed gear sablefish

fishery, the owner of a vessel must hold

a limited entry permit for that vessel,

affixed with both a gear endorsement for

longline or trap (or pot) gear, and a

sablefish endorsement. (See 50 CFR

663.323(a)(2)(i).) A sablefish

endorsement is not required to

participate in the limited entry daily

trip limit fishery.

(i) Primary season. The primary

season begins at 12 noon l.t. on April 1,

2002, and ends at 12 noon l.t. on

October 31, 2002. There are no preseason or post-season closures. During

the primary season, each vessel with at

least one limited entry permit with a

sablefish endorsement that is registered

for use with that vessel may land up to

the cumulative trip limit for each of the

sablefish-endorsed limited entry permits

registered for use with that vessel, for

the tier(s) to which the permit(s) are

assigned. For 2002, the following limits

would be in effect: Tier 1, 36,000 lb

(16,329 kg); Tier 2, 16,500 lb (7,484 kg);

Tier 3, 9,500 lb (4,309 kg). All limits are

in round weight. If a vessel is registered

for use with a sablefish-endorsed

limited entry permit, all sablefish taken

after April 1, 2002, count against the

cumulative limits associated with the

permit(s) registered for use with that

vessel. A vessel that is eligible to

participate in the primary sablefish

season may participate in the daily trip

limit fishery for sablefish once that

vessel’s primary season sablefish

limit(s) have been taken or after October

31, 2002, whichever occurs first. No

vessel may land sablefish against both

its primary season cumulative sablefish

limits and against the daily trip limit

fishery limits within the same 24 hour

period of 0001 hour l.t. to 2400 hours

l.t.

(ii) Daily trip limit. Daily and/or

weekly sablefish trip limits listed in

Table 3 apply to any limited entry fixed

gear vessels not participating in the

primary sablefish season described in

paragraph (i) of this section. North of

36° N. lat., the daily and/or weekly trip

limits apply to fixed gear vessels that

are not registered for use with a

sablefish-endorsed limited entry permit,

and to fixed gear vessels that are

registered for use with a sablefishendorsed limited entry permit when

those vessels are not fishing against

their primary sablefish season

cumulative limits. South of 36° N. lat.,

the daily and/or weekly trip limits for

taking and retaining sablefish that are

listed in Table 3 apply throughout the

year to all vessels registered for use with

a limited entry fixed gear permit.

(3) Whiting. Additional regulations

that apply to the whiting fishery are

found at 50 CFR 660.306 and at 50 CFR

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

described in this section and the section

on Washington Coastal Tribal Fisheries

in this document will not be finalized

until the Council finalizes the 2002

whiting ABC and OY at its March 2002

meeting.

(a) Allocations. Whiting allocations

will be based on the percentages

detailed in 50 CFR 660.323(a)(4)(i), and

will be announced inseason when the

final OY is announced.

(b) Seasons. The 2002 primary

seasons for the whiting fishery start on

the same dates as in 2001, as follows

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

(i) Catcher/processor sector—May 15;

(ii) Mothership sector—May 15;

(iii) Shore-based sector—June 15

north of 42° N. lat.; April 1 between

42°¥40°30′ N. lat.; April 15 south of

40°30′ N. lat.

(c) Trip limits. (i) Before and after the

regular season. The ‘‘per trip’’ limit for

whiting before and after the regular

season for the shore-based sector is

announced in Table 2, as authorized at

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

trip limit includes any whiting caught

shoreward of 100 fathoms (183 m) in the

Eureka area.

(ii) Inside the Eureka 100 fm (183 m)

contour. No more than 10,000 lb (4,536

kg) of whiting may be taken and

retained, possessed, or landed by a

vessel that, at any time during a fishing

trip, fished in the fishery management

area shoreward of the 100 fathom (183

m) contour (as shown on NOAA Charts

18580, 18600, and 18620) in the Eureka

area.

(4) Black rockfish. The regulations at

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

limit for black rockfish (Sebastes

melanops) for commercial fishing

vessels using hook-and-line gear

between the U.S.-Canada border and

Cape Alava (48°09′30′′ N. lat.) and

between Destruction Island (47°40′00′′

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

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

by weight of all fish on board,

whichever is greater, per vessel per

fishing trip.’’ These ‘‘per trip’’ limits

apply to limited entry and open access

fisheries, in conjunction with the

cumulative trip limits and other

management measures listed in Tables 3

and 4. The crossover provisions at

paragraphs A.(12) do no apply to the

black rockfish per-trip limits.

C. Trip Limits in the Open Access

Fishery

(1) General. Open access gear is gear

used to take and retain groundfish from

a vessel that does not have a valid

permit for the Pacific Coast groundfish

fishery with an endorsement for the gear

used to harvest the groundfish. This

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

trammel net (south of 38° N. lat. only),

and exempted trawl gear (trawls used to

target non-groundfish species: Pink

shrimp or prawns, and, south of Pt.

Arena, CA (38°57′30′′ N. lat.), California

halibut or sea cucumbers). Unless

otherwise specified, a vessel operating

in the open access fishery is subject to,

and must not exceed any trip limit,

frequency limit, and/or size limit for the

open access fishery. Groundfish species

taken in open access fisheries will be

managed with cumulative trip limits

(see paragraph A.(1)(d)), size limits (see

paragraph A.(6)), and seasons (see

paragraph A.(7)). Cowcod retention is

prohibited in all fisheries and

groundfish vessels operating south of

Point Conception must adhere to CCA

restrictions (see paragraph A.(20)).

Yelloweye rockfish retention is

prohibited in all open access fisheries.

The trip limits, size limits, seasons, and

other management measures for open

access groundfish gear, except exempted

trawl gear, are listed in Table 4. The trip

limit at 50 CFR 660.323(a)(i) for black

rockfish caught with hook-and-line gear

also applies. (The black rockfish limit is

repeated at paragraph B.(4).)

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(2) Groundfish taken with exempted

trawl gear by vessels engaged in fishing

for spot and ridgeback prawns,

California halibut, or sea cucumbers.

(a) Trip limits. The trip limit is 300 lb

(136 kg) of groundfish per fishing trip.

Limits in Table 4 also apply and are

counted toward the 300 lb (136 kg)

groundfish limit. In any landing by a

vessel engaged in fishing for spot and

ridgeback prawns, California halibut, or

sea cucumbers with exempted trawl

gear, the amount of groundfish landed

may not exceed the amount of the target

species landed, except that the amount

of spiny dogfish (Squalas acanthias)

landed may exceed the amount of target

species landed. Spiny dogfish are

limited by the 300 lb (136 kg) per trip

overall groundfish limit. The daily trip

limits for sablefish coastwide and

thornyheads south of Pt. Conception

and the overall groundfish ‘‘per trip’’

limit may not be multiplied by the

number of days of the fishing trip. The

closures listed in Table 4 also apply,

except for the species listed below in

subparagraphs (i) through (v). The

following sublimits also apply and are

counted toward the overall 300 lb (136

kg) per trip groundfish limit:

(i) Shelf rockfish (including minor

shelf rockfish, widow and yellowtail)—

(A) Between 40°10′ N. lat. and 34°27′

N. lat: 200 lb (91 kg) per month.

(B) South of 34°27′ N. lat.: 500 lb (227

kg) per month.

(ii) Bocaccio south of 40 deg. 10′ N.

lat.—200 lb (91 kg) per month.

(iii) Chilipepper rockfish—

(A) Between 40°10′ N. lat. and 34°27′

N. lat.: 500 lb (227 kg) per month.

(B) South of 34°27′ N. lat.: 2,500 lb

(1,134 kg) per month.

(iv) Minor nearshore rockfish south of

40 deg. 10′ N. Lat.—1,200 lb (544 kg) per

2 months.

(v) Lingcod south of 40 deg. 10′ N.

lat.—May 1 through October 31, 2002:

300 lb (136 kg) per month, otherwise

closed.

(b) State law. These trip limits are not

intended to supersede any more

restrictive state law relating to the

retention of groundfish taken in shrimp

or prawn pots or traps.

(c) Participation in the California

halibut fishery. 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 660.333 for trawl gear;

(ii) All fishing on the trip takes place

south of Pt. 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 (56 cm) in

total length, unless it weighs 4 lbs

(1.8144 kg) or more in the round, 3 and

one-half lbs (1.587 kg) or more dressed

with the head on, or 3 lbs (1.3608 kg)

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.’’

(d) Participation in the sea cucumber

fishery. A trawl vessel will be

considered to be participating in the sea

cucumber fishery if:

(i) It is not fishing under a valid

limited entry permit issued under 50

CFR 660.333 for trawl gear;

(ii) All fishing on the trip takes place

south of Pt. 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.

(3) Groundfish taken with exempted

trawl gear by vessels engaged in fishing

for pink shrimp.

(a) The trip limit is 500 lb (227 kg) of

groundfish per day, multiplied by the

number of days of the fishing trip, but

not to exceed 1,500 lb (680 kg) of

groundfish per trip. The following

sublimits also apply and are counted

toward the overall 500 lb (227 kg) per

day and 1,500 lb (680 kg) per trip

groundfish limits:

(i) Canary rockfish—

(A) April 1 through 30, 2002; 50 lb (23

kg) per month

(B) Starting May 1, 2002 through

October 31, 2002: 200 lb (91 kg) per

month

(ii) Lingcod—April 1 through October

31, 2002: 400 lb (181 kg) per month,

with a minimum size limit (total length)

of 24 inches (61 cm)

(iii) Sablefish—April 1, 2002 through

October 31, 2002: 2,000 lb (907 kg) per

month.

(iv) Thornyheads—Closed north of Pt.

Conception (34°27′ N. lat.)

(b) All other groundfish species taken

with exempted trawl gear by vessels

engaged in fishing for pink shrimp are

managed under the overall 500 lb (227

kg) per day and 1,500 lb (680 kg) per

trip groundfish limits. Landings of these

species count toward the per day and

per trip groundfish limits and do not

have species-specific limits.

(c) In any trip in which pink shrimp

trawl gear is used, the amount of

groundfish landed may not exceed the

amount of pink shrimp landed.

(d) Operating in pink shrimp and

other fisheries during the same

cumulative trip limit period.

Notwithstanding section A.(11), a vessel

that takes and retains pink shrimp and

also takes and retains groundfish in

either the limited entry or another open

access fishery during the same

applicable cumulative limit period that

it takes and retains pink shrimp (which

may be 1 month or 2 months, depending

on the fishery and the time of year), may

retain the larger of the two limits, but

only if the limit(s) for each gear or

fishery are not exceeded when operating

in that fishery or with that gear. The

limits are not additive; the vessel may

not retain a separate trip limit for each

fishery.

D. Recreational Fishery

(1) California. (Note: California law

provides that, in times and area when

the recreational fishery is open, there is

a 20-fish bag limit for all species of

finfish, within which no more than 10

fish of any one species may be taken or

possessed by any one person.) For each

person engaged in recreational fishing

seaward of California, the following

seasons and bag limits apply:

(a) Rockfish—(i) Cowcod Conservation

Areas. Recreational fishing for

groundfish is prohibited within the

CCAs, as described above at A.(20),

except that fishing for rockfish is

permitted in waters inside the 20-

fathom (37 m) depth contour within the

CCAs from March 1 through October 31,

2002, subject to the bag limits in

paragraph (iii) of this section.

(ii) Seasons. North of 40°10′ N. lat.,

recreational fishing for rockfish is open

from January 1 through December 31.

South of 40°10′ N. lat. and north of

Point Conception (34°27′ N. lat.),

recreational fishing for rockfish is

closed from March 1 through April 30,

and from November 1 through

December 31. This area is also closed to

recreational rockfish fishing from May 1

through June 30 and from September 1

through October 31, except that fishing

for rockfish is permitted inside the 20

fathom (37 m) depth contour, subject to

the bag limits in paragraph (iii) of this

section, except that bocaccio, canary

rockfish and yelloweye rockfish

retention is prohibited. South of Point

Conception (34°27′ N. lat.), recreational

fishing for rockfish is closed from

January 1 through February 28 and from

November 1 through December 31.

Recreational fishing for cowcod is

prohibited all year in all areas.

(iii) Bag limits, boat limits, hook

limits. In times and areas when the

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations 1553

recreational season for rockfish is open,

there is a 2-hook limit per fishing line,

and the bag limit is 10 rockfish per day,

of which no more than 2 may be

bocaccio, no more than 1 may be canary

rockfish, and no more than 1 may be

yelloweye rockfish. No more than 2

yelloweye rockfish may be retained per

vessel. Cowcod may not be retained.

Bocaccio, canary rockfish, and

yelloweye rockfish may not be retained,

and no more than 2 shelf rockfish may

be retained, in the area between 40°10′

N. lat. and Point Conception (34°27′ N.

lat.) from May 1 through June 30, or

September 1 through October 31. (Note:

California scorpionfish are subject to

California’s 10 fish bag limit per species,

but are not counted toward the 10

rockfish bag limit.) Multi-day limits are

authorized by a valid permit issued by

California and must not exceed the daily

limit multiplied by the number of days

in the fishing trip.

(iv) Size limits. The following rockfish

size limits apply: bocaccio may be no

smaller than 10 inches (25 cm); and

California scorpionfish may be no

smaller than 10 inches (25 cm).

(v) Dressing/Fileting. Rockfish skin

may not be removed when fileting or

otherwise dressing rockfish taken in the

recreational fishery. The following

rockfish filet size limits apply: bocaccio

filets may be no smaller than 5 inches

(12.8 cm); California scorpionfish filets

may be no smaller than 5 inches (12.8

cm); and brown-skinned rockfish filets

may be no smaller than 6.5 inches (16.6

cm). ‘‘Brown-skinned’’ rockfish include

the following species: brown, calico,

copper, gopher, kelp, olive, speckled,

squarespot, and yellowtail.

(b) Roundfish (Lingcod, cabezon, kelp

greenling)—(i) Cowcod Conservation

Areas. Recreational fishing for

groundfish is prohibited within the

CCAs, as described above at A.(20),

except that fishing for lingcod is

permitted in waters inside the 20

fathom (37 m) depth contour within the

CCAs from March 1 through October 31,

2002, subject to the bag limits in

paragraph (iii) of this section. Fishing

for cabezon and kelp greenling is

allowed in waters inside the 20 fathom

(37 m) depth contour within the CCAs

year round.

(ii) Seasons. South of 40°10′ N. lat.

and north of Point Conception (34°27′

N. lat.), recreational fishing for lingcod

is closed from March 1 through April

30, and from November 1 through

December 31. This area is also closed to

recreational lingcod fishing from May 1

through June 30 and from September 1

through October 31, except that fishing

for lingcod is permitted inside the 20

fathom (37 m) depth contour, subject to

the bag limits in paragraph (iii) of this

section. South of Point Conception

(34°27′ N. lat.), recreational fishing for

lingcod is closed from January 1 through

February 28 and from November 1

through December 31.

(iii) Bag limits, boat limits, hook

limits. In times and areas when the

recreational season for lingcod is open,

there is a 2-hook limit per fishing line,

and the bag limit is 2 lingcod per day.

Multi-day limits are authorized by a

valid permit issued by California and

must not exceed the daily limit

multiplied by the number of days in the

fishing trip.

(iv) Size limits. The following

roundfish size limits apply: lingcod may

be no smaller than 24 inches (61 cm)

total length, cabezon may be no smaller

than 15 inches (38 cm); and kelp

greenling may be no smaller than 12

inches (30 cm).

(v) Dressing/Fileting. Cabezon and

kelp greenling taken in the recreational

fishery may not be filleted at sea.

Lingcod filets may be no smaller than 15

inches (38.1 cm).

(2) Oregon. The bag limits for each

person engaged in recreational fishing

seaward of Oregon are 1 lingcod per

day, which may be no smaller than 24

inches (61 cm) total length; and 10

rockfish per day, of which no more than

1 may be canary rockfish and no more

than 1 may be yelloweye rockfish.

During the all-depth recreational

fisheries for Pacific halibut

(Hippoglossus stenolopis), vessels with

halibut on board may not take, retain,

possess or land yelloweye rockfish.

(3) Washington. For each person

engaged in recreational fishing seaward

of Washington, the following seasons

and bag limits apply:

(a) Rockfish. There is a rockfish bag

limit of no more than 10 rockfish per

day, of which no more than 2 may be

canary rockfish, or no more than 1 may

be canary rockfish and 1 may be

yelloweye rockfish. Taking and

retaining yelloweye rockfish is

prohibited from a vessel with Pacific

halibut retained on board.

(b) Lingcod. Recreational fishing for

lingcod is closed between January 1 and

April 15, and between October 16 and

December 21. When the recreational

season for lingcod is open, there is a bag

limit of 2 lingcod per day, which may

be no smaller than 24 inches (61 cm)

total length.

Washington Coastal Tribal Fisheries

The basis for and background

information on groundfish allocations

harvest by the four Washington Coastal

Tribes (Makah, Quileute, Hoh, and

Quinault) with treaty rights to

groundfish is described in the proposed

rule to implement the 2002 groundfish

specifications and management

measures in the Proposed Rules section

of the January 11, 2002 issue of the

Federal Register.

The Assistant Administrator (AA)

announces the following tribal

allocations for 2002, including those

that are the same as in 2001. Trip limits

for certain species were recommended

by the tribes and the Council and are

specified here with the tribal

allocations.

A. Sablefish

The tribal allocation is 424 mt, 10

percent of the total catch OY, less 3

percent estimated discard mortality.

B. Rockfish

(1) For the commercial harvest of

black rockfish off Washington State, a

harvest guideline of: 20,000 lb (9,072 kg)

north of Cape Alava (48°09′30′′ N. lat.)

and 10,000 lb (4,536 kg) between

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

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

(2) Thornyheads are subject to a 300

lb (136 kg) trip limit.

(3) Canary rockfish are subject to a

300 lb (136 kg) trip limit.

(4) Yelloweye rockfish are subject to

a 100 lb (45 kg) trip limit.

(5) Yellowtail rockfish taken in the

tribal mid-water trawl fisheries are

subject to a cumulative limit of 30,000

lb (13,608 kg) per two-month period.

Landings of widow rockfish must not

exceed 10 percent of the weight of

yellowtail rockfish landed in any twomonth period. These limits may be

adjusted by an individual tribe inseason

to minimize the incidental catch of

canary rockfish and widow rockfish.

(6) Other rockfish, including minor

nearshore, minor shelf, and minor slope

rockfish groups are subject to a 300 lb

(136 kg) trip limit per species or species

group, or to the non-tribal limited entry

trip limit for those species if those limits

are less restrictive than 300 lb (136 kg)

per trip.

(7) Rockfish taken during open

competition tribal commercial fisheries

for Pacific halibut will not be subject to

trip limits.

C. Lingcod

Lingcod are subject to a 300 lb (136

kg) daily trip limit and a 900 lb (408 kg)

weekly limit.

D. Pacific whiting

Whiting allocations will be

announced when the final OY is

announced.

1554 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Rules and Regulations

Classification

These final management measures for

January 1 through February 28, 2002 are

issued under the authority of, and are in

accordance with, the Magnuson-Stevens

Act and 50 CFR parts 600 and 660

subpart G (the regulations implementing

the FMP).

The January-February management

measures are intended to protect

overfished and other depressed stocks

and meet the Council’s overfished stock

rebuilding goals while also allowing as

much harvest of healthy stocks as

possible. As previously explained, delay

in implementation of these regulatory

measures could cause harm to some

stocks, as fishing will continue using

2001 management measures until the

implementation of these regulations,

possibly allowing the overfishing of

some stocks. Delay in publishing these

measures could require unnecessarily

restrictive measures later in the year to

make up for the late implementation,

leading to higher fish prices and fewer

fish available for sale to the public as

well as further reduced employment of

the groundfish fleet. Much of the data

necessary for these specifications and

management measures came from the

2001 fisheries year. Because of the

timing of the receipt, development,

review, and analysis of the fishery

information necessary for setting the

initial specifications and management

measures, and the need to have these

management measures in effect January

1, 2002 (the beginning of the 2002

fishing year), the AA finds, under 5

U.S.C. 553(b)(B), that prior notice and

the opportunity for public comment are

impracticable and contrary to the public

interest for the January 1 through

February 28, 2002, management

measures.

Amendment 4 to the FMP,

implemented on January 1, 1991,

recognized that there is a very short

time between when fisheries data

become available and when annual

management measures must be in place.

The amendment set up a system by

which the interested public is notified,

through Federal Register publication

and Council mailings, of meetings and

of the development of these measures

and is provided the opportunity to

comment during the Council process.

The public participated in Groundfish

Management Team, Groundfish

Advisory Subpanel, Scientific and

Statistical Committee, and Council

meetings in September and November

2001 where these recommendations

were formulated. Additional public

comments on this emergency rule and

on the proposed 2002 specifications and

management measures will be accepted

for 30 days after publication of these

documents in this Federal Register.

As previously described, the

interested public has participated in the

Council process to formulate these

regulations. The Council has provided

information to the industry on the above

management measures and

specifications through the newsletters

that it sends to fishery participants, and

NMFS has provided notice through the

U.S. Coast Guard’s Notice to Mariners,

and the States of Washington, Oregon,

and California also disseminate

information. As previously explained,

there is a need to implement these

management measures on January 1,

2002. Therefore, the AA finds, under 5

U.S.C. 553(d)(3), good cause not to delay

the effective date of these management

measures.

This action has been determined to be

not significant for purposes of Executive

Order 12866.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable. However, as

previously described, the JanuaryFebruary 2002 management measures

are based on the overall analysis

underlying the 2002 specifications and

March-December 2002 management

measures, which are proposed in the

Proposed Rules section of this issue of

the Federal Register. The Council’s

initial regulatory flexibility analysis

prepared for the 2002 specifications and

management measures considers the

effects of the January and February

management measures on the fisheries.

Dated: December 31, 2001.

Rebecca Lent,

Deputy Assistant Administrator for

Regulatory Programs, National Marine

Fisheries Service.

[FR Doc. 01–32261 Filed 12–31–01; 4:46 pm]

BILLING CODE 3510–22–M