Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1555

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 011231309–1309–01; I.D.

121301A]

RIN 0648–AO69

Magnuson-Stevens Act Provisions;

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Annual

Specifications and Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule, announcement of

the overfished status of yelloweye

rockfish; announcement of the receipt of

exempted fishing permit application;

request for comments.

SUMMARY: NMFS proposes a rule to

implement the 2002 fishery

specifications and management

measures for groundfish taken in the

U.S. exclusive economic zone (EEZ) and

state waters off the coasts of

Washington, Oregon, and California.

The proposed specifications include the

levels of the acceptable biological catch

(ABC) and optimum yields (OYs). The

commercial OYs (the total catch OYs

reduced by tribal allocations and by

amounts expected to be taken in

recreational and compensation fisheries)

proposed herein would be allocated

between the limited entry and open

access fisheries. Proposed management

measures for 2002 are intended to

prevent overfishing; rebuild overfished

species; minimize incidental catch and

discard of overfished and depleted

stocks; provide equitable harvest

opportunity for both recreational and

commercial sectors; and, within the

commercial fisheries, achieve harvest

guidelines and limited entry and open

access allocations to the extent

practicable. This Federal Register

document also announces that the

yelloweye rockfish resource is

considered overfished, and announces

the receipt of an application for an

exempted fishing permit (EFP) for 2002.

DATES: Comments must be received no

later than 5 p.m., local time (l.t.) on

February 11, 2002.

ADDRESSES: Send comments to D. Robert

Lohn, Administrator, Northwest Region

(Regional Administrator), NMFS, 7600

Sand Point Way N.E., Bldg. 1, Seattle,

WA 98115–0070, or fax to 206–526–

6736; or Rodney McInnis, Acting

Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213, or

fax to (562) 980–4047. Comments will

not be accepted if submitted via E-mail

or the internet. Information relevant to

this proposed rule, which includes an

environmental asssessment/regulatory

impact review/initial regulatory

flexibility analysis (EA/RIR/IRFA), is

available for public review during

business hours at the offices of the

NMFS Northwest Regional

Administrator and the NMFS Southwest

Regional Administrator, or may be

obtained from the Pacific Fishery

Management Council (Council), at 7700

NE Ambassador Place, Portland, OR

97220, phone: 503–326–6352.

Additional reports referred to in this

document may also be obtained from

the Council. Copies of EFP applications

are available from NMFS Northwest

Region.

Send comments regarding the

reporting district estimate or any other

aspect of the collection-of-information

requirements in the announcement of

EFPs, including suggestions for

reducing the burden, to one of the

NMFS addresses and to the Office of

Management and Budget (OMB),

Washington, DC 20503, (ATTN: NOAA

Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier or Becky Renko

(Northwest Region, NMFS), phone: 206–

526–6140; fax: 206–526–6736 and; Email: yvonne.dereynier@noaa.gov,

becky.renko@noaa.gov or Svein Fougner

(Southwest Region, NMFS) phone: 562–

980–4000; fax: 562–980–4047 and; Email: svein.fougner@noaa.gov.

Electronic Access

This proposed rule also is accessible

via the Internet at the Office of the

Federal Register’s Web site at http://

www.access.gpo.gov/su— docs/aces/

aces140.html. Background information

and documents are available at the

NMFS Northwest Region Web site at

http://www.nwr.noaa.gov.1sustfsh/

gdfsh01.htm and at the Council’s Web

site at http://www.pcouncil.org.

SUPPLEMENTARY INFORMATION:

Background

The FMP requires that fishery

specifications for groundfish be

annually evaluated, and revised as

necessary, that OYs be specified for

species or species groups in need of

particular protection, and that

management measures designed to

achieve the OYs be published in the

Federal Register and made effective by

January 1, the beginning of the fishing

year. The Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and the FMP

require that NMFS implement actions to

prevent overfishing and to rebuild

overfished stocks.

Since 1990, the Council has

developed annual specifications and

management measures in a two-meeting

process (usually its September and

November meetings) followed by a

NMFS final action published in the

Federal Register and made available for

public comment and correction after the

effective date of the action. Each year,

specifications and management

measures are effective until the

specifications and management

measures for the following year are

published and effective. In 2001, NMFS

was challenged on this process in

Natural Resources Defense Council, Inc.

v. Evans, 2001 WL 1246622 (N.D.Cal.

2001) and the court ordered NMFS to

provide prior public notice and allow

public comment on the annual

specifications. NMFS is publishing the

2002 specifications and management

measures initially as a proposed rule

available for a 30-day public comment,

to be followed by a final rule.

The Council finalized its 2002

specifications and management

measures recommendations at its

October 28 through November 2, 2001

meeting in Millbrae, CA. Because NMFS

did not have enough time to publish a

proposed rule on the Council’s

recommendations, receive public

comments, and publish all of a final rule

by the scheduled start of the fishery on

January 1, 2002, NMFS also publishes a

final emergency rule today’s Federal

Register that finalizes and makes

effective the groundfish management

measures for January 1 through

February 28, 2002. As a result, this

proposed rule addresses the 2002

specifications (ABCs and OYs) and the

management measures for March

through December 2002. Specifications

and management measures proposed for

2002 are designed to constrain direct

and incidental mortality in order to

rebuild overfished stocks and to prevent

overfishing and to achieve as much of

the OYs as practicable for healthier

groundfish stocks managed under the

FMP.

During 2002, NMFS and the Council

will develop a means to incorporated

the Council’s development of annual

specifications and management

measures into the proposed and final

rulemaking process required by the

Court’s order.

1556 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

I. Proposed Specifications

Proposed fishery specifications

include ABCs, the designation of OYs,

which may be represented by harvest

guidelines (HGs) or quotas for species

that need individual management, and

the allocation of commercial OYs

between the open access and limited

entry segments of the fishery. These

specifications include fish caught in

state ocean waters (0–3 nautical miles

(nm) offshore) as well as fish caught in

the EEZ (3–200 nm offshore).

BILLING CODE 3510–22–M

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BILLING CODE 3510–22–C

ABC Policy and Overfishing

Each fishing year, the Council

assesses the biological condition of the

Pacific Coast groundfish fishery,

develops estimates of the ABC for major

groundfish stocks, and identifies harvest

levels or OYs for the species or species

groups that it proposes to manage.

The Magnuson-Stevens Act requires

an FMP to prevent overfishing.

Overfishing is defined in the National

Standard Guidelines (50 CFR part 600,

subpart D) as exceeding the fishing

mortality rate (F) needed to produce the

maximum sustainable yield (MSY).

When setting the 2002 ABCs, the

Council maintained a policy of using a

default harvest rate as a proxy for the

fishing mortality rate (Fmsy) that is

expected to achieve the MSY. The OYs

were then set at levels that are expected

to prevent overfishing, equal to or less

than the ABCs.

The ABC for a species or species

group is generally derived by

multiplying the harvest rate proxy by

the current estimated biomass. In 2002,

the Council continued to use default

harvest rate proxies recommended by

the Council’s Scientific and Statistical

Committee (SSC) for 2001. See the final

rule for the 2001 annual specifications

and management measures published

on January 11, 2001 (66 FR 2338). These

recommended harvest rate proxies are:

F40% for flatfish and whiting, F50% for

rockfish (including thornyheads), and

F45% for other groundfish such as

sablefish and lingcod. The FMP allows

default harvest rate proxies to be

modified as scientific knowledge

improves for a particular species.

A harvest or fishing mortality rate can

mean very different things for different

stocks because that rate is dependent on

the productivity of a particular species.

For fast growing stocks, those with a

strong ability to maintain moderate

recruitment levels even when the

spawning biomass is reduced, a higher

fishing mortality rate may be used, such

as F40%. A rate of F40% can be

explained as that which reduces

spawning potential per female to 40

percent of what it would have been

under natural conditions (if there were

no mortality due to fishing), and is

therefore a more aggressive rate than

F45% or F50%. Harvest rate policies

must account for several complicating

factors, including the relative fecundity

of mature individuals over time, and the

optimal stock size for the highest level

of productivity within that stock.

For some groundfish species, there

may be little or no detailed biological

data available on which to base ABCs,

and only rudimentary assessments were

prepared; for other species, the ABC

levels may be established only on the

basis of historical landings. As in 2001,

precautionary measures continue to be

taken when setting ABCs and OYs for

species with no assessments or only

rudimentary ones.

The 2002 ABCs are based on the best

scientific information available to the

Council at its November 2001 meeting.

The ABCs in Table 1 represent total

fishing mortality (landed catch plus

discards). Where the assessments

included Canadian waters, the ABCs

apply only to U.S. waters. Stock

assessment information considered in

determining the ABCs is available from

the Council and was made available to

the public before the Council’s

November 2001 meeting. Additional

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1565

information can be found in the EA/

RIR/IRFA prepared by the Council for

this action and in documents from the

September and November 2001 Council

meetings (see ADDRESSES).

OY Policy

In 1999, the Council adopted the ‘‘40–

10 precautionary policy’’ for setting

OYs. The 40–10 policy is intended to

prevent species from becoming

overfished. According to the Council’s

OY policy, if a stock biomass is larger

than the biomass needed to produce

MSY (Bmsy), the OY may be set equal

to or less than ABC. The Council uses

40 percent as a default proxy for the

Bmsy, also referred to as B40%. See the

final rule for the 1999 annual

specifications and management

measures published on January 8, 1999

(64 FR 1316). A stock with a current

biomass between 25 percent of the

unfished level and Bmsy (the

precautionary threshold) is said to be in

the ‘‘precautionary zone.’’ The Council’s

default OY harvest policy reduces the

fishing mortality rate when a stock is at

or below its precautionary threshold.

The further the stock is below the

precautionary threshold, the greater the

reduction in OY will be relative to the

ABC, until, at B10%, the OY would be

set at zero. This is, in effect, a default

rebuilding policy that will foster quicker

return to the Bmsy level than would

fishing at the ABC level.

The Council may recommend setting

the OY higher than what the default OY

harvest policy specifies, if justified, as

long as the OY does not exceed the ABC

(Fmsy harvest rate) and it is consistent

with the requirements of the MagnusonStevens Act and the National Standard

Guidelines. Additional precaution may

be added on a case-by-case basis

regardless of the stock’s current biomass

level, if warranted by uncertainty in the

data or by higher risks of being

overfished.

If a stock falls below 25 percent of its

unfished biomass (B25%), it is

considered overfished, and the

Magnuson-Stevens Act requires the

Council to develop a rebuilding plan

within 1 year. Rebuilding plans for

overfished species have stock-specific

allowable harvest rates, which are

intended to rebuild the stock within a

specified time period.

Precautionary measures continue to

be taken when setting the OYs for

species that have no or only

rudimentary assessments. Since

implementation of the 2000

specifications, ABCs have been reduced

by 25 percent to set OYs for those

species with less rigorous stock

assessments, and by 50 percent to set

OYs for those species with no stock

assessment.

2002 ABCs and OYs

Species with ABCs and OYs in 2001

continue to have ABCs and OYs in

2002. New assessments were completed

and new ABCs and OYs were developed

for sablefish, Dover sole, and shortspine

thornyhead north of Point Conception

(34°27′ N. lat.;) and for yelloweye

rockfish in the Monterey, Eureka and

Columbia (waters off Oregon only)

areas. A new assessment was also

prepared for black rockfish off southern

Oregon to 40°10′ N. lat.; however, it was

not available in time to complete the

required review process and was

therefore not available for setting 2002

ABCs.

A new stock assessment was prepared

for sablefish in 2001. The assessment

incorporated new survey and fishery

data and extended the assessment area

south from 36°N. lat. to 34°27′ N. lat.

(Point Conception). Two different

assessment models indicated a normal

decline in biomass since the late 1970s

due to the fishing down of the virgin

stock and an unexpected decline in

recruitment during the early 1990s. The

sablefish stock is currently estimated to

be between 27 and 38 percent of the

unfished biomass, depending on the

assessment scenario and the basis for

estimating unfished biomass.

A change in environmental conditions

may have been responsible for the

abrupt decline in recruitment in the

1990s, or this low recruitment may have

been the natural consequence of the

gradual decline in spawning biomass.

Because of this uncertainty, two ABC

estimates were produced and reviewed

by the Council: an ABC of 4,786 mt

based upon the current Fmsy proxy of

F45%, and an ABC of 4,062 mt based

upon a reduced harvest rate of F50%.

Although sablefish have experienced a

decline due to poor recruitment in the

1990’s, continuation of the F45%

harvest rate is expected to prevent

overfishing if this recruitment decline is

primarily due to random environmental

factors. However, reduction in harvest

rate of F50%, or lower, will be

necessary in the long-term if reduced

spawner abundance has been the

dominant factor in causing the lower

recruitment (density-dependence). Both

represent a substantial reduction from

the current ABC. If further analysis

during 2002 indicates that the lower

level is more appropriate, then the one

year delay in implementing the change

from F45% to F50% will cause the

spawning stock at the beginning of 2003

to be only slightly smaller (47,341 mt

versus 47,704 mt).

It is likely that both environmental

factors and reduced spawning biomass

affect sablefish recruitment, although

the relative contribution of each is

unknown. Large numbers of juvenile

sablefish in the 2001 shelf survey

(conducted after the 2001 assessment

was completed) suggest that the fishable

biomass and spawning biomass will

increase in coming years. The survival

of these juvenile sablefish may also be

improved through the reduced trawl

opportunities for continental shelf

species because juvenile sablefish are

commonly found in shelf areas. The

recent large year classes are physical

evidence that a recruitment scenario

based solely on low spawning biomass

(density-dependent scenario) does not

fully described the status of the

sablefish biomass. Thus, the

environmental scenario may have merit

as an explanation for the low

recruitment during the 1990s. The ABCs

considered by the Council and its

advisory panels were based on

assessments that did not include

projections of the juvenile fish (animals

that have not yet entered the fishery)

from 1999 and 2000. Therefore, both

ABC options considered by the Council

were prudent reductions from the 2001

ABC level (7,661 mt) and until new

information validates the recent

recruitment level.

Three OY options were considered for

sablefish by the Council: 4,500 mt

derived from the environmentally

driven model, 4,000 mt a ramp down

approach to start moving toward a lower

OY strategy, and 3,200 mt derived from

the density-dependent model. At the

Council’s September meeting, the SSC

stated a preference for the lowest OY

option (3,200 mt), because it was the

option most likely to prevent the

biomass from falling below the

rebuilding threshold (B25%) within the

next five years. The SSC also

recommended that the Council consider

moving towards a more conservative

Fmsy proxy. At the Council’s November

meeting, NMFS scientists presented

preliminary data from the 2001 shelf

survey that suggests that the fishable

biomass and spawning biomass will

increase in coming years. In addition,

public testimony indicated that more

smaller sablefish have been seen in

catches during the 2001 fishing year.

The SSC did not revise its OY

recommendation to the Council after

receiving this new information.

The Council majority agreed that

information on juvenile sablefish

occurrence in the shelf survey and in

commercial landings is so strong that it

supported the environmentalrecruitment scenario while still being

1566 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

precautionary. Therefore, the Council

recommended adopting a 4,500 mt OY,

based on the environmentally driven

recruitment scenario with the

application of the 40–10 harvest policy

to reduce the risk of overfishing. The

Council asked that NMFS prepare a

revised assessment that incorporates the

2001 survey data in time for the

Council’s 2003 ABCs and OYs setting

process. If the revised assessment does

not show an increase in recruitment for

2001, the Council expressed interest in

considering a ramp down strategy

beginning with 2003.

Because the OY options before the

Council were substantial reductions

from the 2001 total catch OY of 6,895

mt, the Council expressed concern

about the adverse economic effect on

the fishing industry. In the short-term

the 4,500 mt OY option is expected to

have less of an adverse economic impact

on the fishery than the other OY

options.

The sablefish spawning biomass is

expected to slowly decline until the

large 1999 and 2000 year classes mature.

The abundance of these year classes will

be monitored with surveys planned for

summer 2002, and subsequent stock

assessments will provide biological

guidance for future adjustments to

allowable harvest levels. If the future

recruitment of juvenile sablefish from

1999 and 2000 is not as large as

estimated and are followed by low

recruitments as in the 1990s, then future

spawning biomass and OYs will decline

further. If the recruitment returns to the

long-term average level or is above

average, as may be the case in 2001, the

stock is expected to increase its

spawning biomass and the OY will also

increase.

A new stock assessment for Dover

sole was prepared by scientists from

Oregon State University in 2001. This

assessment incorporated new survey

and fishery data and extended the

assessment area south from 36° N. lat.

to Point Conception. The new

assessment indicates that the Dover sole

stock is at about 29 percent of its

unfished biomass. Recent biomass

estimates appear to be without trend,

but follow a steady decline since the

late 1950s. The 5-year projection is for

a relatively stable stock abundance.

However, lower recruitment during the

1990s indicates a possible future stock

decline and provides the reason for

consideration of a lower harvest rate.

For the 2001 fishery, the Council

adopted a Fmsy proxy of F40% for

Dover sole following an SSC

recommendation based on a harvest rate

analysis specific to Dover sole. With the

new Dover sole assessment in 2001, the

SSC expressed concerns that the F40%

harvest rate was too aggressive given the

reduced recruitment levels seen in the

1990s. Three ABCs based on alternative

Fmsy proxies of F40%, F45%, and

F50% were considered by the Council.

The Council determined that a change

from the harvest rate policy introduced

in 2001 would require a new and

equally thorough evaluation of the long

term harvest strategy. For 2002, the

Council recommended adopting the

ABC and OY values (8,510 mt/7,440 mt)

that are consistent with the current

F40% proxy for Fmsy with the 40–10

precautionary policy adjustments. The

Council expressed support for the SSC

recommendation for further evaluation

of the Fmsy proxy used for Dover sole,

but indicated that the process for

preparing and reviewing such

recommendations should be

maintained.

NMFS prepared a new stock

assessment for shortspine thornyhead in

2001. The assessment incorporated new

survey and fishery data and extended

the assessment area south from 36° N.

lat. to Point Conception (34°27′ N. lat.)

The stock is estimated to be at 25 to 50

percent of its unfished biomass. The

assessment concluded that the

shortspine thornyhead population

shows an increasing biomass trend and

has not declined since the last

assessment. The Council considered two

OYs: 955 mt, the OY from the new

assessment, and 751 mt, the 2001 OY

that was based on the assessments

prepared in the late 1990s. Both OY

options reflected an Fmsy proxy of

F50% with the application of the 40–10

harvest policy.

The SSC recognized that the analysis

and data in the new assessment were an

improvement over the previous

assessment. However, the SSC also

noted the high degree of uncertainty in

the 2002 stock projections and they

considered the lower OY (751 mt) to be

the most risk-adverse option before the

Council. The uncertainty associated

with an incomplete understanding of

biological parameters and survey

effectiveness led to the calculation of an

alternative shortspine thornyhead OY

using standard precautionary measures

typically used for species with less

rigorous stock assessments. The OY

based on standard precautionary

measures was similar to the OY from the

new assessment. The Council

recognized the uncertainty associated

with the new assessment, but noted that

the new assessment was more adequate

than those available in previous years.

Because the assessment-based OY was

comparable to an OY calculated using

standard precautionary measures, the

Council recommended adopting 955 mt

at the 2002 OY for shortspine

thornyhead.

A yelloweye rockfish assessment,

which integrated fishery and survey

data from northern California and

Oregon, was completed by Washington

Department of Fish and Wildlife. This

was the first time an assessment was

done on yelloweye rockfish. The

assessment indicated that there has been

a declining biomass trend in both areas

for about 30 years, with the last above

average recruitment occurring in the late

1980s. The assessment concluded that

yelloweye rockfish is at about 7 percent

of its unfished biomass in waters off

northern California and at 13 percent of

its unfished biomass in waters off

Oregon.

Although a rebuilding analysis has

not yet been completed for yelloweye

rockfish, the assessment author and the

Groundfish Management Team (GMT)

analyzed the recruitment data and

projected ABCs and OYs for 2002

fisheries. They recommended a

coastwide ABC of 27 mt (5 mt for the

Monterey area and 22 mt for the areas

north of 40°10′ N. lat.) which is based

on an Fmsy proxy of F50%.

In September, the Council adopted a

preliminary coastwide total catch OY of

11 mt for yelloweye (2 mt for Monterey,

1 for Eureka, and 8 for Columbia and

Vancouver areas) based on an initial

rebuilding analysis and the application

of the 40+10 harvest policy. As an

interim measure prior to the

development of a rebuilding plan, the

Council recommended reducing the 27

mt ABC by 50 percent as a

precautionary measure, resulting in an

OY of 13.5 mt. The 2.5 mt difference

between the two OY options represents

approximately 0.3 percent of the stock

biomass and is therefore not expected to

have an appreciative effect on the stock

abundance while a rebuilding analysis

is prepared. The recommended OY of

13.5 is not expected to result in further

overfishing because both of these

options are below the 27 mt ABC.

Seven groundfish stocks have been

designated as ‘‘overfished’’ Pacific

ocean perch (POP), bocaccio, lingcod,

canary rockfish, cowcod, darblotched

rockfish, and widow rockfish. With the

publication of this document, yelloweye

rockfish is being designated as

overfished. As noted above, the OY for

yelloweye rockfish is set at extremely

low levels in anticipation of rebuilding

plan requirements in 2003.

The OYs for 3 overfished species,

POP, widow rockfish and darkblotched

rockfish were revised to be consistent

with the rebuilding measures for those

species. For 2002: the POP OY would be

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set at 350 mt, which reflects a 70

percent probability of rebuilding by the

year 2042; the widow rockfish OY

would be set at 856 mt, which reflects

a 60 percent probability of rebuilding

the stock by the year 2039; and the

darkblotched rockfish OY would be set

at 168 mt, which reflects a 70 percent

probability of rebuilding the stock by

the year 2034. The revised rebuilding

analysis for darkblotched rockfish

indicates that the stock cannot be rebuilt

within a 10 year period; therefore, the

OY reflects an extended rebuilding

trajectory.

To protect depleted stocks and

minimize the chance of overfishing,

changes were made in 2000 that

eliminated the ‘‘Sebastes complex’’ and

created the ‘‘minor rockfish’’ categories.

The same categories will continue to be

used for 2002. Minor rockfish, species

which have had no or only rudimentary

assessments, are divided into nearshore,

continental shelf, and continental slope

categories that represent where they are

predominantly caught. This strategy is

intended to keep harvest levels more

closely in line with the allowable

biological catches for individual species

and the various rockfish groups.

Grouping the minor rockfish species

into nearshore, shelf, and slope

categories, allows fishing opportunities

to be maintained for abundant stocks

while improving protection for depleted

stocks.

Management measures designed to

rebuild overfished species, to prevent

overfishing, or to prevent species from

becoming overfished may restrict the

harvest of relatively healthy stocks that

co-occur with overfished species. As a

result of the constraining management

measures imposed to protect and

rebuild overfished species, a number of

the OYs may not be achieved in 2002,

particularly for those shelf rockfish

species that are not overfished, but

which are caught with species that are

overfished. Derivations of the ABCs and

OYs for the individual groundfish

species are explained in detail in

Council documents from their

September and November 2001

meetings and in the most recent stock

assessments, and are summarized in this

document in Table 1a. Derivations of

commercial harvest guidelines, limited

entry and open access allocations, and

landed catch equivalents appear in the

footnotes to table 1a, which are listed at

the end of Table 1b.

Determinations of Overfished Stocks

and Rebuilding Plans

The status of the resource is evaluated

against the requirements of the

Magnuson-Stevens Act, the National

Standard Guidelines, and the FMP. A

species is considered by NMFS to be

overfished if its current biomass is less

than 25 percent of the unfished biomass.

The Magnuson-Stevens Act requires that

a rebuilding plan be prepared within 1

year after the Council is notified by

NMFS that a particular species is

overfished.

Requirements for developing

overfished species rebuilding plans

were addressed in Amendment 12 to the

FMP, which NMFS approved on

December 7, 2000 (65 FR 82947,

December 29, 2000). Before Amendment

12 was approved, NMFS had approved

the first 3 rebuilding plans for lingcod,

bocaccio, and POP (65 FR 53646,

September 5, 2000). During NMFS

review of Amendment 12, the agency

considered whether these 3 rebuilding

plans met the requirements of

Amendment 12 and concluded that they

did not. The final rule to implement

Amendment 12 describes NMFS’s

revocation of the lingcod, bocaccio, and

POP rebuilding plans, as these plans did

not meet the rebuilding plan content

requirements described in Amendment

12 (65 FR 82947, December 29, 2000).

The groundfish fishery has continued to

operate under measures implementing

these preliminary rebuilding plans for

lingcod, bocaccio, and POP. NMFS

instructed the Council to re-submit

rebuilding plans for these species by

January 1, 2002.

On January 4, 2000 (65 FR 221),

NMFS notified the Council that cowcod

and canary rockfish were overfished and

that the Council must submit rebuilding

plans for these species to NMFS by

January 4, 2001. On January 11, 2001

(66 FR 2338), NMFS notified the

Council that darkblotched and widow

rockfish were overfished and that the

Council must submit rebuilding plans

for these species to NMFS by January

11, 2002.

On August 20, 2001, the Federal

magistrate ruled in National Resources

Defense Council, v. Evans, 2001 WL

1246622 (N.D. Cal. 2001) that rebuilding

plans under the FMP must be in the

form of a plan amendment or proposed

regulations as specified by the

Magnuson-Stevens Act, 16 U.S.C.

1854(e)(3). Accordingly, the magistrate

issued an order setting aside those

portions of Amendment 12 to the FMP

dealing with rebuilding plans.

Amendment 12 had provided a

framework for rebuilding plans that

were not themselves plan amendments

or proposed regulations. As a result of

the magistrate’s decision, the Council

must now revise Amendment 12 and all

rebuilding plans to be consistent with

the Court Order. NMFS has notified the

Council that draft FMP amendment(s)

that meet the statutory rebuilding

requirements for POP, bocaccio,

lingcod, canary rockfish, cowcod,

darkblotched rockfish and widow

rockfish should be available for review

at the April 2002 meeting, with the

intention of presenting final

amendment(s) for adoption at the

Council’s June 2002 meeting.

NMFS also notifies the Council, via

this Federal Register document, and

that yelloweye rockfish is considered

overfished at this time and the Council

must submit a rebuilding plan FMP

amendment to NMFS within 1 year of

this notification. While rebuilding plans

have not been approved by NMFS, the

Council has prepared rebuilding

analyses, and the OYs and management

measures proposed for 2002 are

consistent with these. The draft

rebuilding plans initially endorsed by

the Council are summarized as follows

(maximum allowable rebuilding years

refers to the maximum time allowed

under the Magnuson-Stevens Act and

the National Standard Guidelines):

Canary Rockfish

Areas: Coastwide

Status of stock: 8 to 22 percent of its

unfished biomass.

Maximum allowable years to rebuild to

MSY: 58 years

Expected median time to rebuild: 57

years (2056)

Probability of rebuilding to MSY

biomass by 2056: 52 percent

Fmsy proxy: F50%

ABC in 2002: 228 mt

OY in 2002: 93 mt

Management Measures for 2002

Historically, canary rockfish have

been caught directly or incidentally in

both recreational and commercial

groundfish fisheries. Commercial

fisheries for groundfish and for nongroundfish species that co-occur with

canary rockfish have been restricted to

minimize the incidental catch of canary

rockfish. Management measures have

also been taken to divert effort off the

seafloor of the continental shelf where

canary rockfish are typically found.

Fishing opportunities with large

footrope bottom trawl gear have been

severely restricted to reduce incidental

interception of canary rockfish. Only

small amounts of canary rockfish may

be landed with small footrope or

midwater trawl gear. Summer flatfish

and midwater yellowtail rockfish

harvests are constrained to protect

canary rockfish and the Dover sole,

sablefish, thornyhead (DTS) northern

limits are structured to minimize canary

interception. California hook-and-line

1568 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

commercial fisheries are closed during

the same periods and in the same areas

as the recreational fisheries (below). The

shrimp trawl industry will continue to

use fish excluder devices to reduce

incidental harvest of canary rockfish

and other groundfish in that fishery.

The recreational fisheries have been

constrained to protect overfished

species including canary rockfish. In

California and Oregon, the rockfish bag

limit is 10 fish, no more than 1 of which

may be canary rockfish; off Washington

the bag limit is 10 fish, no more than 2

of which may be canary rockfish or no

more than 1 canary rockfish and 1

yelloweye rockfish. California

recreational fisheries closures are twice

the duration they were in 2001. The

recreational season for the area between

Point Conception and Cape Mendocino,

California would be just 4 months

duration for all depths, January–

February and July–August, plus 4

months inside 20 fathoms (36.9 m) in

May–June and September–October.

When the fishery is open inside 20

fathoms (36.9 m), canary rockfish

retention is prohibited, and there is a 2-

shelf rockfish bag limit. South of Point

Conception, the recreational fishery

would be 8 months (March–October).

Historically, the bulk of the recreational

canary rockfish landings have been

made in California.

POP

Areas: Vancouver and Columbia

Status of stock: 13 percent of its

unfished biomass (1998)

Maximum allowable years to rebuild to

MSY: 47 years

Expected median time to rebuild: 43

years (2042)

Probability of rebuilding to MSY

biomass by 2042: 70 percent

Fmsy proxy: F50%

ABC in 2002: 640 mt

OY in 2002: 350 mt

Management Measures for 2002

Because POP primarily inhabit waters

of the upper continental slope and are

found along the edge of the shelf, they

benefit from the trawl gear restrictions

adopted to protect shelf rockfish

species. Relatively small cumulative trip

limits are intended to accommodate

incidental bycatch without encouraging

targeting. Higher POP limits are

provided in the summer months, when

they are more likely to be incidentally

taken in the flatfish fisheries.

Bocaccio

Areas: Monterey and Conception

Status of stock: 2.1 percent of its

unfished biomass

Maximum allowable years to rebuild to

MSY: 38 years

Expected median time to rebuild: 34

years (2033)

Probability of rebuilding to MSY

biomass by 2033: 67 percent

Fmsy proxy: F50%

ABC in 2002: 122 mt

OY in 2002: 100 mt

Management Measures for 2002

Bottom trawl opportunities for shelf

rockfish continue to be extremely

limited. No landings of bocaccio

rockfish are allowed with large footrope

trawl gear. Small amounts of bocaccio,

an unavoidable bycatch, taken with

small footrope or midwater trawl gear

may be landed in fisheries for healthy

stocks. The chilipepper rockfish OY

continues to be reduced to limit the

incidental take of bocaccio. California

hook-and-line commercial fisheries are

closed during the same periods and in

the same areas as the recreational

fisheries (below).

The recreational fisheries in

California maintain a rockfish bag limit

of 10 fish, no more than 2 of which may

be bocaccio rockfish. In addition,

California recreational fisheries closures

described above under the canary

rockfish rebuilding section also protects

bocaccio.

Darkblotched Rockfish

Areas: Coastwide

Status of stock: 22 percent of its

unfished biomass

Maximum allowable years to rebuild to

MSY: 47 years

Expected median time to rebuild: 34

years (2034)

Probability of rebuilding to MSY

biomass by 2034: 70 percent

Fmsy proxy: F50%

ABC in 2002 187 mt

OY in 2002: 168 mt

Management Measures in 2002

Relatively small cumulative trip

limits for slope rockfish north are

intended to accommodate incidental

bycatch without encouraging targeting.

In addition, the northern DTS trawl

fisheries limits are constrained during

the November–December period to

reduce the incidental catch of

darkblotched rockfish, as are the flatfish

fisheries during the summer months

when participation is greatest and

darkblotched are most likely to be

encountered. Lower sablefish and Dover

sole OYs are also expected to reduce the

incidental take of darkblotched rockfish.

Lingcod

Areas: Coastwide

Status of stock: 15 percent of its

unfished biomass

Maximum allowable years to rebuild to

MSY: 10 years

Expected median time to rebuild: 10

years (2009)

Probability of rebuilding to MSY

biomass by 2009: 60 percent

Fmsy proxy: F45%

ABC in 2002: 745 mt

OY in 2002: 577 mt

Management Measures for 2002

Commercial limits for lingcod are

intended to accommodate incidental

catch and do not provide an incentive

for directed fishing. Bottom trawl

opportunities for shelf rockfish continue

to be extremely limited. Because lingcod

are predominately found on the shelf,

gear restrictions imposed to protect

shelf rockfish will also benefit lingcod.

Trawl caught lingcod retention will be

permitted during the winter months so

as not to increase the overall discard

mortality. Commercial nontrawl

landings will continue to be prohibited

during the winter months. This is to

protect lingcod, which are more

available to nontrawl gears in rocky

habitats, during their spawning and

nesting seasons. Nontrawl commercial

fishing for lingcod south of 40°10′ N. lat.

will be closed during the same periods

and in the same areas as the recreational

fisheries (below).

The recreational fisheries have been

constrained to protect overfished

species, including lingcod. Off

Washington, the bag limit is 1 lingcod

and fishing is not allowed during a 5

month period in the winter. The Oregon

lingcod bag limit is 1 fish and the

fishery operates year-round. California

has a 2 lingcod bag limit. Beginning in

2002, California will lower the

minimum size limit to 24 inches (61

cm), which is the same Oregon and

Washington. California lingcod closures

south of 40°10′ N. lat. are more stringent

than in 2001. From 40°10′ N. lat. to

34°27′ N. lat., the area is closed March

through April and November through

December in all waters, and open only

inside 20 fathoms (36.9 m) in May

through June and September through

October. The area south of 34°27′ N. lat.,

is closed January through February and

November through December.

Cowcod

Areas: Point Conception to the U.S.

Areas: Point Conception to the U.S.-

Mexico boundary

Status of stock: 4–11 percent of its

unfished biomass

Maximum allowable years to rebuild to

MSY: 98 years

Expected median time to rebuild: 95

years (2094)

Probability of rebuilding to MSY

biomass by 2094: 55 percent

Fmsy proxy: F50%

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1569

ABC in 2002: 24 mt

OY in 2002: 4.8 mt

Management Measures in 2002

As in 2001, retention of cowcod is not

allowed for any commercial and

recreational fisheries. To further protect

cowcod from incidental harvest, 2

Cowcod Conservation Areas (CCAs),

delineated to encompass key cowcod

habitat areas and known areas of high

catches, were established in the

Southern California Bight in 2001.

Fishing for groundfish is prohibited

within the CCAs, except that minor

nearshore rockfish, cabezon, and

greenlining may be taken from waters

where the bottom depth is less than 20

fathoms (36.9 m).

Widow Rockfish

Areas Coastwide

Status of Stock: 24 percent of its

unfished biomass

Maximum allowable years to rebuild to

MSY: 38 years

Expected median time to rebuild: 37

years (2039)

Probability of rebuilding to MSY

biomass by 2039 60 percent

Fmsy proxy: F50%

ABC in 2002: 3, 727 mt

OY in 2002: 856 mt

Management Measures in 2002

Commercial limits for widow rockfish

are intended to accommodate incidental

catch and do not provide an incentive

for direct fishing. In addition, the

midwater trawl fisheries for yellowtail

rockfish have been constrained with an

incidental catch allowance during the

primary season for Pacific whiting.

Bottom trawl opportunities for shelf

rockfish continue to be extremely

limited, which is expected to benefit

widow rockfish.

Overfishing

None of the 2002 ABCs are knowingly

set higher than Fmsy or its proxy, none

of the OYs are set higher than the

corresponding ABCs, and the

management measures herein are

designed to keep harvest levels within

specified OYs. After the 2000 fishing

season, NMFS determined that

overfishing did not occur on any of the

groundfish species. Changes to the

rockfish management structure in 2002

that divided minor rockfish into 3

species groups (nearshore, shelf, slope)

were partially intended to ensure that

those species would not be subject to

overfishing harvest rates. The Council

also adopted a policy for the 2000

specifications that reduced ABCs by 25

percent to determine OYs for those

species with less rigorous stock

assessments, and by 50 percent to

determine OYs for those species with no

stock assessment. These policies are

continued in 2002. Overfishing is

difficult to detect inseason for many

rockfish, particularly on these minor

rockfish species, because most are not

individually identified on landing.

Species compositions, based on

proportions encountered in samples of

landings, are applied during the year.

However, final results are not available

until after the end of the year.

Bycatch and Discard Accounting

The Magnuson-Stevens Act defines

bycatch as ‘‘fish which are harvested in

a fishery, which are not sold or kept for

personal use, and include economic

discards and regulatory discards.’’ By

contrast, Pacific Coast groundfish

fishery management and many other

fishery management regimes commonly

use the term bycatch to describe nontargeted species that are caught in

common with (co-occur with) target

species, some of which are landed and

sold or otherwise used and some of

which are discarded. The term

‘‘discard’’ is used to describe those fish

harvested that are neither landed nor

used. For the purposes of this rule, the

term ‘‘bycatch’’ is used to describe a

species’ co-occurrence with a target

species, regardless of that first species’

disposition.

With the exception of the mid-water

trawl fishery for Pacific whiting, most

groundfish vessels sort their catch at sea

and discard species that are: in excess

of cumulative trip limits, unmarketable,

in excess of annual allocations, or

incidentally caught non-groundfish

species. Landed or retained catch has

been monitored by the three state-run

fish ticket programs in Washington,

Oregon, and California.

Groundfish management measures

include provisions to reduce trip limitinduced discards and to account for

those discards when monitoring harvest

levels (OYs). Historically, NMFS and

the Council have accounted for dead

discards by estimating the amounts of

certain species OYs that would be

discarded dead, and then subtracting

those amounts from the total catch OYs

to get landed catch levels for those

species. These discard rates have been

expressed as a percent of total catch OY,

so that a 16 percent discard rate for a

species meant that 16 percent of that

species’ total catch OY would be

deducted to derive that species’ landed

catch OY. Then, management measures

were set to achieve the landed catch OY

for that species. Using discard rates was

intended to account for dead fish either

as dead discard or in landed catch. For

all species except lingcod, sablefish, and

nearshore rockfish species, it is assumed

that discarded fish are generally dead

upon discard or die soon after being

discarded. Rockfish, particularly

deepwater species, are severely stressed

by decompression and temperature

shock; however, lingcod discard

mortality studies show about a 50

percent discard survival rate. There is

no exact measure of discard amounts in

most fisheries. Assumed amounts are

taken into account to determine the true

fishing mortality level and to prevent

overall harvest from exceeding the OYs.

In setting past management measures,

the Council would consider how each

species or species group was taken, as

targeted or incidental catch, in each of

the various West Coast fisheries. A

single species could be taken by many

different gear types using different

fishing strategies. Sablefish, for

example, could be taken in trawl

fisheries directly targeting the DTS

complex, by pot gear directly targeting

just sablefish, or by hook-and-line gear

catching sablefish incidentally while

targeting slope rockfish. West coast

groundfish species are rarely found in

isolation, and form associations with

other groundfish that vary by geographic

location, position in the water column,

and season. Fisheries management

recognizes this mix by setting

management measures that discourage

targeting of healthy stocks in times and

areas when depleted stocks may cooccur with those healthy stocks.

Conversely, fisheries management also

recognizes this mix by structuring

retention allowances for the harvestable

amounts of depleted stocks so that

fisheries do have access to healthy fish

stocks.

During 2001, the annual

specifications and management

measures were challenged in court

under Natural Resources Defense

Council, Inc v. Evans, 2001 WL 1246622

(N.D.Cal. 2001). One result of that

challenge was a court order to review

the Council’s historic bycatch rates and

discard assumptions for bocaccio and

lingcod, two overfished species. NMFS

and the Council therefore reviewed and

revised their overall approach to

managing co-occurring healthy and

depleted stocks. In September 2001, the

Council’s GMT and its SSC met to

consider a new approach for

determining discard rates for five

overfished species for the 2002 fishery:

bocaccio, lingcod, POP, canary rockfish,

and darkbotched rockfish. During the

September-October 2001 period, the

GMT also considered discard rates for

other rockfish and rockfish complexes.

This analysis of discard rates for 2002

1570 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

is the same analysis that the court had

ordered NMFS to conduct for the 2001

annual specifications and management

measures, and is intended to fulfill that

obligation and to serve as the basis for

determining 2002 management

measures. The analysis for the 2002

discard rates is in ‘‘Evaluation of

Bycatch and Discard in the West Coast

Groundfish Fishery,’’ Council’s Exhibit

C3, Supplemental Attachment 3,

November 2001.

This new bycatch and discard

analysis calculated the co-occurrence of

healthy stocks with each of the five

overfished species. To make these cooccurrence calculations, the analysis

evaluated data on a suite of trawl fishery

target strategies (targeting the deepwater

DTS complex, targeting arrowtooth

flounder, etc.) Each target strategy was

separated into six two–month periods to

set a baseline of co-occurrence rates of

overfished stocks throughout an entire

calendar year. Not surprisingly, the

analysis found seasonal variations in the

co-occurrence rates between healthy

and overfished stocks.

The bycatch and discard analysis

evaluated information from several

sources: (1) A 1985–1987 observed trawl

study, commonly referred to as ‘‘the

Pikitch study,’’ for its principal

investigator; (2) the 1995–1998 EDCP

observer and logbook study; (3) the 1999

state trawl logbook data; and (4) a 1998

Washington Department of Fish and

Wildlife (WDFW) study on lingcod

discard mortality. The Pikitch study,

Experimental Data Collection Program

(EDCP) study, and the trawl logbook

data were used to derive co-occurrence

rates of bycatch species within

numerous defined target fishing

strategies. Because logbooks only report

retained catch, only tows where trip

limits had not yet been achieved were

included in the calculation of the rates.

Logbooks represented the only available

source of co-occurrence information for

the fishery south of Cape Mendocino.

The WDFW study addressed only

lingcod discard survival and was not

used in analyzing the effects of different

fishing strategies on rockfish species.

Once the report’s authors had

described the relationship between

healthy and overfished stocks by

calculating co-occurrence rates, they

then calculated a range (low-mid-high)

of bycatch rates for each of the five

overfished species in the analysis. In

this report, the bycatch rate referred to

the caught amount (by weight) of an

overfished bycatch species, divided by

the caught-and-retained amount (by

weight) of target species for various

target fishery scenarios, areas, and

months.

Logbook and EDCP data were also

used in developing a supplemental

analysis of the effects of bycatch

distribution on discard for the area

north of Cape Mendocino for canary

rockfish, POP, and lingcod. The report’s

authors used the findings from these

three species in developing the upper

end of the ranges for darkblotched

rockfish and bocaccio. The results of

this supplemental analysis were used in

developing the upper bounds of the

expected discard ranges identified for

individual species, below. In all cases,

the discard ranges developed are lower

than the discard assumptions that have

been used in recent years. Because of

the newness of the analysis and the

uncertainty regarding much of the data

included in the analysis, NMFS

determined it would be prudent to wait

to use the new lower discard estimates

in calculating landed catch OYs until

they can be confirmed by data to be

obtained in the new NMFS observer

program in the current management

regime. Therefore, for canary rockfish,

POP, bocaccio, and lingcod the assumed

discard rate has been conservatively

adjusted up to the rate used in the

recent past. For darkblotched rockfish,

as explained below, the rate has been

conservatively adjusted up to 20

percent.

At its November 2001 meeting, the

Council reviewed the bycatch and

discard analysis and the possible range

of bycatch rates for each of the five

overfished species. The Council

determined which bycatch level (low,

mid, or high) was likely most accurate

for each of the five species, based on the

analysis in the report. The Council’s

GMT then crafted trip limit scenarios for

target and bycatch species calculated to

keep the total catch (landed + discard)

of healthy target species and the five

overfished species below their

respective OYs. The Council’s ultimate

trip limit recommendations were

shaped largely by this bycatch and

discard analysis and are proposed in

section IV.

After the Council had set management

measures according to the bycatch rate

ranges for those species and designed to

keep the total catch of overfished

species below their OYs, the analysis

authors were then able to provide NMFS

with estimates of the percent of each

overfished species OY that would be

discarded. Thus, although the analysis

of healthy/overfished stock cooccurrence rates and overfished species

bycatch rates is new, the practice of

deducting expected discard from a

species total catch OY to derive landed

catch OY has not changed. At the

November 2001 Council meeting, the

SSC reviewed the new bycatch and

discard analysis and stated in its report

to the Council that ‘‘the SSC considers

the GMT analysis to be the best way to

proceed for the coming year.’’

As the fishing year progresses, the

GMT and the Council will have to

periodically evaluate target species

catch patterns and effort in season and

revise trip limits for the remainder of

the year to keep overfished species

catch (landed + discard) below the

appropriate limits. For example, if

flatfish trawl fishery participation in

winter months is higher than expected

from past participation, assumed winter

discard levels might increase and

summer trip limits for target and

bycatch species may then have to be

adjusted to ensure that the overall 2002

fisheries do not exceed the OYs for

overfished species. This approach

addresses a recommendation from

Amendment 13 to the FMP, which

called for a re-examination and

improvement in accuracy of species-tospecies landings limit ratios.

The Council recommended

addressing bycatch rates of the five

overfished species analyzed in the

report as follows:

Canary rockfish. Within the low-midhigh range of possible bycatch rates, the

Council recommended the low bycatch

rate range for canary rockfish. The

Council chose the low range because

both the Pikitch study and the EDCP

study occurred during years when

canary rockfish was considered one of

the primary target species in the West

Coast rockfish complex fisheries.

Coincident catch of canary rockfish

should be lower in a fishery

management regime designed to avoid

canary rockfish, through gear and target

species restrictions, than in one

designed to target canary rockfish. Data

from a 2001 EFP at-sea observation

program managed by WDFW supported

this assumption, indicating canary

rockfish interception rates in the trawl

arrowtooth fishery off Washington were

about one-tenth the rates assumed in

even the low bycatch range scenario.

The low bycatch rate range and the

management measures proposed in this

rule are expected to result in a discard

rate of 5–10 percent of the total catch,

which has been conservatively adjusted

to 16 percent. This bycatch rate range

and discard deduction would result in

a landed catch OY of 30 mt for the

limited entry fisheries and 4.5 mt for the

open access fisheries.

Pacific ocean perch. Within the lowmid-high range of possible bycatch

rates, the Council recommended the

mid bycatch rate range for POP. POP has

been managed to allow only incidental

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1571

retention for many years, thus the

Pikitch and EDCP studies may more

accurately represent current POP cooccurrence rates in the fisher than they

do for canary rockfish. Bycatch levels

assumed under the high bycatch rate

scenario were so high that accepting it

would have meant assuming that vessels

would discard POP without achieving

their trip limits. Conversely, the low

bycatch rate scenario was implausible

because it projected harvest levels lower

than actual recorded landings in recent

years. These unlikely assumptions

related to the high and low bycatch

scenarios for POP illustrate some of the

difficulties in using varied historical

data in a mathematical probability

model for determining current bycatch

rates. The mid bycatch rate range and

the management measures proposed in

section IV are expected to result in a

discard rate of 0–7 percent of the total

catch, which has been conservatively

adjusted to 16 percent. This bycatch rate

range and discard deduction would

result in a landed catch OY of 294 mt.

Bocaccio. Within the low-mid-high

range of possible bycatch rates, the

Council recommended the high bycatch

rate range for bocaccio. Similar to the

POP low and high ranges, the low and

mid bocacio bycatch range scenarios

that came out of the model were

unlikely when examined against actual

landings data. Both the low and mid

bycatch range scenarios for bocaccio

projected harvest levels lower than

actual recorded landings. Thus, the high

bycatch range was the only plausible

range for bocaccio. The high bycatch

rate range and the management

measures proposed in of this rule are

expected to result in a discard rate of 4–

8 percent of the total catch, which has

been conservatively adjusted to 16

percent. This bycatch rate range and

discard deduction would result in a

landed catch OY of 21 mt for the limited

entry fisheries and 16 mt for the open

access fisheries.

Darkblotched rockfish. Within the

low-mid-high range of possible bycatch

rates, the Council recommended the

mid bycatch rate range for darkblotched

rockfish. Setting a bycatch rate for

darkblotched rockfish was more

difficult than for the other four species

because darkblotched rockfish has not

historically been separated from other

minor slope rockfish in landings tickets,

logbooks, and in data gathered in the

EDCP study. The Council indicated that

the high range was not as probable as

the mid range because darkblotched

rockfish tend to be of a larger size than

other minor slope rockfish, thus less

likely to be discarded for size and

market reasons. The mid bycatch rate

range and the management measures

proposed in section IV are expected to

result in a discard rate of 4–16 percent

of the total catch, which has been

conservatively adjusted to 20 percent

due to generally higher rates of slope

rockfish discard in EDCP observations.

The mid bycatch range was also more

probable than the low bycatch range

because it was more compatible with

results from the EDCP study, which

NMFS has determined to be a fair

illustration of slope trawling acetifies.

This bycatch rate range and discard

deduction would result in a landed

catch OY of 130 mt.

Lingcod. Within the low-mid-high

range of possible bycatch rates, the

Council recommended the mid bycatch

range for lingcod. The Council indicated

that the high bycatch rate range was

unlikely because the Pikitch and EDCP

studies were conducted during periods

when large footrope trawling (which can

operate in rocky areas where lingcod are

found) was permitted for rocky habitat

species. The low bycatch range was

unlikely for reasons similar to those for

the low range for bocaccio and the low

and mid ranges for POP, all of which

projected harvest levels lower than

actual recorded landings in recent years.

The bycatch/discard analysis also

indicated that if trawlers were allowed

to retain incidentally caught lingcod

during the winter months, the overall

level of dead and discarded lingcod in

2002 could be reduced because it would

be landed as retained catch during those

months. Trawl footrope restrictions

prevent trawlers from targeting lingcod.

Thus, allowing winter trawl retention of

lingcod is not expected to increase

overall lingcod harvest and the effect on

nest guarding males in rocky areas is

expected to be neutral. Lingcod discard

mortality is estimated to be 50 percent

of the number of lingcod discarded

(WDFW, 1997). The mid bycatch rate

range and the management measures

proposed in of this rule are expected to

result in a discard mortality rate of 6–

10 percent of the total catch, which has

been conservatively adjusted to 20

percent. This bycatch rate range and

discard deduction would result in a

landed catch OY of 163 mt for the

limited entry fisheries and 38 mt for the

open access fisheries.

In addition to establishing the amount

and percentage of discard that would

occur for each of these five species

(bocaccio, lingcod, darkblotched

rockfish, canary rockfish, and POP),

target fishery limits were adjusted so

that the expected total catch of the five

species was less than their total catch

OYs. This provides an additional layer

of protection for the five species, in that

even if realized discard rates are

somewhat higher than estimated, the

total mortalities of these species should

not exceed their OYs.

DTS complex species. For the 2001

specifications and management

measures process, NMFS analyzed the

results of the 1995 through 1998 EDCP,

in which trawl vessels voluntarily

fished for groundfish and either carried

observers or completed detailed catch

and discard logbooks. In 2000, NMFS

determined that EDCP data could be

used to update discard estimates

applied to the DTS complex. New

discard rates for the DTS complex

resulted from this analysis and were

implemented in 2001 as follows: 5

percent of the total catch OY for Dover

sole, 17 percent of the total catch OY for

longspine thornyhead, and 20 percent of

the total catch OY for shortspine

thornyhead. For sablefish, the new

analysis resulted in discard rates

separated by fishery: 22 percent of the

limited entry trawl allocation, 8 percent

of the limited entry fixed gear and open

access allocations, and 3 percent of the

tribal fisheries allocation. These discard

rate estimates would again be used in

2002 as deductions from the total catch

OYs for Dover sole and the two

thornyhead species, and as deductions

from the various fishery-specific

sablefish allocations.

Rockfish species not included in

bycatch/discard analysis. For widow

rockfish, an overfished shelf rockfish

species, the Council recommended

continuing use of the historic discard

rate estimation of 16 percent, which was

originally derived for widow rockfish

from the Pikitch study. The Council also

recommended using this 16 percent

placeholder discard rate for minor shelf

rockfish and chilipepper rockfish. The

origin of this rate is explained in the

GMT’s bycatch and discard analysis,

along with an evaluation of its current

use. Yellowtail rockfish would have a

20 percent placeholder discard rate,

which is the 16 percent historic rate

adjusted conservatively to reflect

moderately higher discard values for

yellowtail in the EDCP study. As in past

years, widow, yellowtail, canary and

darkblotched rockfish discard in the atsea whiting fisheries will be monitored

inseason and actual discard numbers

will be deducted from the OY. The

Council recommended a 20 percent

discard rate for minor slope rockfish, as

a conservative adjustment to the 16

percent discard rate that the EDCP study

showed for slope rockfish taken in the

DTS complex fisheries. The 20 percent

discard rate for minor slope rockfish

also mirrors the more thoroughly

analyzed discard rate for darkblotched

1572 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

rockfish, a slope rockfish. The minor

nearshore rockfish discard rate was set

at 5 percent of the total catch OY, based

on the assumption that most minor

nearshore rockfish survive the discard

process because they are shallow water

species and are not as affected by depth

changes during capture as shelf and

slope rockfish. This is supported by the

fact that a significant percentage of these

species are landed as live fish.

Cowcod and yelloweye rockfish are

the other two overfished species not

analyzed in the bycatch and discard

analysis. Cowcod rebuilding measures

include a coastwide retention

prohibition. Thus, there is no landed

catch OY for cowcod and any

incidentally caught cowcod will be

discarded. Prohibiting fishing for all

groundfish with the CCAs, except that

which is allowed seasonally inside 20

fathoms (37 m) along with other

seasonal closures off California, is

expected to reduce opportunities for

intercepting cowcod.

Yelloweye rockfish is not often

intercepted in the trawl fisheries. Thus,

yelloweye rockfish management focuses

on eliminating commercial hook-andline interception and reducing

recreational fisheries opportunities for

interception. Modest amounts of

yelloweye rockfish retention would be

permitted in the trawl fisheries to

ensure that if it is encountered, it will

be available for scientific sampling.

Future Bycatch and Discard Analyses.

During 2002, the Council’s SSC will

convene a workshop or a series of

workshops to discuss the future of the

Council’s bycatch and discard rate

policies. NMFS initiated an observer

program for the vessels delivering

groundfish to shorebased processing

plants in August 2001. Future Council

bycatch and discard rate policies will

have to evolve over time, first

accommodating management needs

with little current observer data, and

then maturing as the observer program

data accumulates to a level where it can

be used to better define total catch

levels. Data from the observer program

will provide information about cooccurrence and discard rates, and will

affect discard calculations for all

groundfish species, not just those

included in the November 2001 bycatch

and discard analysis. By the fall of 2002,

the observer program will have been in

operation for one year and will have

observations from all seasons.

Preliminary examination of the observer

data will occur prior to that time, but

the first complete analysis requires

accumulation of data from all seasons.

This analysis may not be completed in

time, or have sufficient observations, to

be fully incorporated in the annual

specifications fro 2003.

II. Limited Entry and Open Access

Fisheries

Since 1994, the non-tribal commercial

groundfish fishery has been divided into

limited entry and open access sectors,

each with its own set of allocations and

management measures. Species or

species group allocations between the

two sectors are based on the relative

amounts of a species or species group

taken by each component of the fishery

during the 1984–1988 limited entry

permit qualification period (50 CFR

660.332). The FMP allows suspension of

this allocation formula for overfished

species when changes to the traditional

allocation formula are needed to better

protect overfished species (Section

5.3.2).

Ground fish species or species group

allocations between the limited entry

and open access sectors are detailed in

Tables 1a and 1b. All OYs, and all

limited entry and open access

allocations are expressed in terms of

total catch. The limited entry/open

access allocations for canary,

darkblotched, and yelloweye rockfish

would be suspended to allow the

Council to better develop management

measures that provide harvest of healthy

stocks while protecting overfished

stocks. Estimates of trip-limit induced

discards are taken ‘‘off the top’’ before

setting the limited entry and open

access allocations, except for estimates

of sablefish discards as explained in the

footnotes to Table 1a. Landed catch

equivalents are the harvest goals used

when adjusting trip limits and other

management measures during the

season. Estimated bycatch of yellowtail,

widow, canary, and darkblotched

rockfish in the offshore whiting fishery

is also deducted from the limited entry

allocations before determining the

landed catch equivalents for the target

fisheries for widow and yellowtail

rockfish.

Open Access Allocations

The open access fishery is composed

of vessels that operate under the OYs,

quotas, and other management measures

governing the open access fishery, using

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

(trap) gear fished from vessels that do

not have limited entry permits endorsed

for that gear. Exempt gear includes all

types of legal groundfish fishing gear

except groundfish trawl, longline, and

pots. (Exempt gear includes trawls used

to harvest pink shrimp, spot, or

ridgeback prawns (shrimp trawls) and,

halibut or sea cucumbers south of Pt.

Arena, CA (38°57′30′′N. lat.))

Open access allocations are derived

by applying the open access allocation

percentages to the commercial OY. The

commercial OY is the total catch OY

after subtracting any tribal allocations

and set-asides for recreational or

compensation fishing for conducting

resource surveys. For those species in

which the open access share would

have been less than 1 percent, no open

access allocation is specified unless

significant open access effort is

expected.

Limited Entry Allocations

The limited entry fishery is the

fishery composed of vessels using

limited entry gear fished pursuant to the

OYs, quotas, and other management

measures governing the limited entry

fishery. Limited entry gear includes

longline, pot, or groundfish trawl gear

used under the authority of a valid

limited entry permit issued under the

FMP, affixed with an endorsement for

that gear. (Groundfish trawl gear

excludes shrimp trawls used to harvest

pink shrimp, spot prawns, or ridgeback

prawns, and other trawls used to fish for

California halibut or sea cucumbers

south of Pt. Arena, CA.) A sablefish

endorsement is also required for a vessel

to operate in the limited entry primary

fixed gear season for sablefish.

The limited entry allocation (in total

catch) is the OY reduced by (1) setasides, if any, for treaty tribal fisheries,

recreational fisheries, or compensation

fishing for participation in resource

surveys (which results in the

commercial OY or quota); and (2) the

open access allocation. (Allocations for

Washington coastal tribal fisheries are

discussed in section V and, for whiting,

at paragraph IV.B.(3).)

Following these procedures, the

Regional Administrator calculated the

amounts of allocations that are

presented in Table 1a of this document.

Unless otherwise specified, the limited

entry and open access allocations would

be treated as OYs or harvest guidelines

in 2002. There may be slight

discrepancies from the Council’s

recommendations due to rounding.

III. 2002 Management Measures

Before 2000, the major goals of

groundfish management were to prevent

overfishing while achieving the OYs

and to provide year-round fisheries for

the major species or species groups.

Over time, however, it became apparent

to NMFS that a number of species could

not continue to be harvested year-round

at a constant harvest rate. New

legislative mandates under the

Magnuson-Stevens Act (as amended by

the Sustainable Fisheries Act in 1996)

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1573

gave highest priority to preventing

overfishing and rebuilding overfished

stocks to their MSY levels. The National

Standard guidelines at 50 CFR 600.310

interpreted this as ‘‘weak stock

management,’’ which means that

harvest of healthier stocks may need to

be curtailed to prevent overfishing or to

rebuild overfished stocks.

Seven FMP species were declared

overfished as of January 2001 (lingcod,

bocaccio, POP, canary rockfish, cowcod,

widow rockfish, and darkblotched

rockfish), and one more species is being

declared overfished concurrent with

publication of this document (yelloweye

rockfish). Of these species, canary

rockfish is the most constraining,

because it is found coastwide on the

continental shelf and is caught directly

or incidentally in most West coast

fisheries (groundfish and nongroundfish.) In order to rebuild these

overfished species while allowing

harvest of healthy stocks, the Council

chose management measures to divert

fishing effort off the sea floor of the

continental shelf, where lincod,

bocaccio, canary rockfish, cowcod,

widow rockfish, yelloweye rockfish,

and, to a lesser extent, POP and

darkblotched rockfish occur.

Continental slope fisheries have also

been curtailed by lower Dover sole and

sablefish ABCs and OYs, which

provides additional protection to POP

and darkblotched rockfish. Management

measures for 2002 have been crafted to

maximize fishing opportunity for

healthy stocks in periods when bycatch

and discard of overfished and depleted

stocks is estimated to be lowest.

Management priorities for 2002 were

guided by the following goals: (1)

Prevent overfishing; (2) manage

consistent with rebuilding plans for

overfished species; (3) craft management

measures and target species seasons to

minimize incidental catch and discard

of overfished and depleted stocks; (4)

provide equitable harvest opportunity

for both recreational and commercial

sectors; and (5) within the commercial

fisheries, achieve harvest guidelines and

limited entry and open access

allocations, to the extent practicable.

A number of assumptions and

considerations were involved in

developing the management

recommendations for 2002. As

discussed earlier, the November 2001

bycatch and discard analysis evaluated

the target fisheries for healthy stocks to

determine periods in the fishing year

when those fisheries could be

constrained to best reduce the

incidental catch of overfished species.

Trip limits in the commercial fisheries

have been crafted to reduce incidental

interception of overfished species so

that total mortality for a species does

not exceed its OY, and different sectors

of the commercial fisheries are

constrained at different times of the year

in accordance with their specific effects

on overfished species. For example, the

bycatch and discard analysis of EDCP

data indicated that incidental catch of

darkblotched rockfish in the DTS

complex fisheries is significantly higher

during November-December than during

other times of the year. Thus, DTS

complex cumulative limits are at their

lowest in November-December.

Similarly, trawl flatfish limits are the

most constrained in May through

September, when canary rockfish

interception is higher. Fisheries for

many target species are unlikely to

achieve the OYs of those target species

so that overfished species may be

protected. Fisheries for yellowtail

rockfish, for example, will not achieve

the yellowtail OYs because yellowtail

harvest is constrained to protect cooccurring canary and widow rockfish.

Similarly, chilipepper harvest will be

significantly below its OY to protect cooccurring bocaccio.

Management measures for the limited

entry fishery are found in section IV.

Most cumulative trip limits, size limits,

and seasons for the limited entry fishery

are set out in Tables 3 and 4. However,

the limited entry nontrawl sablefish

fishery, the midwater trawl fishery for

whiting, and the hook-and-line fishery

for black rockfish off Washington are

managed separately from the majority of

the groundfish species and are not fully

addressed in the tables. The

management structure for these fisheries

has not changed since 2001, except for

the level of trip limits for sablefish and

whiting, and is described in paragraphs

IV.B.(2)–(4) of section IV. Other

provisions for the 2001 fisheries not

explicitly addressed above would

remain in effect for 2002 and are

repeated in section IV of this document.

After hearing proposals and advice

from its advisory entities and public

testimony at its November 2001

meeting, the Council recommended the

following actions for management in

2002.

Limited Entry Trawl

For the limited entry trawl fishery, the

Council recommended a suite of gear

and cumulative trip limits designed to

allow fishing with gear in times and

areas where incidental catch of

overfished or depleted species will be

minimized. As discussed earlier, the

primary force shaping the structure of

trawl fisheries limits were the

coincident catch rates for overfished

species taken in fisheries targeting

healthy stocks. Many of the healthy

groundfish stocks, such as the suite of

flatfish species, are harvested almost

exclusively with trawl gear, rather than

with hook-and-line gear. Season

structuring and gear requirements are

intended to reduce incidental catch of

overfished species as much as possible

in every period of the year.

Flatfish fisheries are managed with

more restrictions on gear use and trip

limit levels during the summer months,

when participation is greater and trawl

tows for flatfish are more likely to

encounter overfished species. More

restrictive landings limits are imposed

on all flatfish species in the north in

May–October to minimize canary and/or

darkblotched rockfish bycatch. Higher

POP trip limits are provided in the

summer months, when the flatfish

fisheries are more likely to encounter

POP. Northern DTS complex limits are

different for each two-month period of

the year to minimize interception of

canary rockfish or darkblotched

rockfish, depending on which species is

more available to the DTS complex

fisheries during a particular period. For

both the DTS complex and flatfish

fisheries, landings limits are less tightly

structured south of 40°10′′ N. lat.

because fisheries in that area are less

likely to encounter POP, canary, and

darkblotched rockfish. South of 40°10′′

N. lat., the Council has also introduced

a new trip limit for Pacific sanddabs, an

abundant species with relatively low

bycatch rates of other species.

In 2000 and 2001, lingcod retention

was prohibited in all fisheries for the

months of November through April.

These winter closures were intended to

both reduce overall lingcod harvest and

to reduce capture of male lingcod

during the spawning/nesting season.

Male lingcod guard nests of fertilized

eggs from predators, so reducing male

lingcod catch during nest guarding

season is an effective way of protecting

both adults and eggs. Nest guarding

males are mainly caught by gear that can

be used in the rocky areas where they

nest. Under current gear restrictions,

this gear is hook-and-line gear. Small

footrope trawl and mid-water trawl gear

are not used in rocky areas because they

can too easily become entangled and

torn in rocky habitat. In 2002, trawlcaught lingcod retention would be

permitted throughout the year because

the Council believes that trawling is less

likely than hook-and-line fishing to

disturb male lingcod guarding nests in

rocky areas. Lingcod caught incidentally

during winter trawl fisheries would

otherwise be discarded and thereby

increase the overall lingcod discard

1574 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

level in the trawl fisheries. The lingcod

landings limit of 800 lb (363 kg) per 2-

month period is not high enough to give

trawlers an incentive to target lingcod.

For 2002, the Council recommended

continuing the use of differential trip

limits for limited entry trawlers

operating with different trawl gear

configurations: bottom trawl with

footropes greater than 8 inches (20.5 cm)

in diameter; bottom trawl with footropes

smaller than 8 inches (20.5 cm) in

diameter; and midwater or pelagic

trawl. Trawling with footropes that have

roller gear or other large gear designed

to bounce over tough rockpiles tends to

allow those vessels greater access to

rocky areas where several of the

overfished species congregate.

Therefore, landings of shelf rockfish

(except chilipepper) are prohibited if

large footrope trawls (such as roller

gear) are used (or on board the vessel);

small amounts of shelf rockfish bycatch

may be landed if small footrope trawls

are used; and, targeting healthy shelf

rockfish stocks is encouraged only if

midwater trawls are used. This tends to

greatly reduce harvest in the areas

where the overfished species are

presumably found, while allowing

retention of small amounts incidentally

caught in areas of lower abundance of

these species. This strategy of

differential trip limits for different trawl

gear types was used in 2000 and 2001.

Initial Oregon Department of Fish and

Wildlife trawl logbook data indicate a

significant decrease in trawl activity in

rocky areas of the continental shelf

since the adoption of this strategy.

Cowcod prohibitions and closures apply

to limited entry trawl vessels, although

there are few limited entry trawl vessels

operating south of Point Conception in

CCA waters.

Chafing gear will continue to be

prohibited on the body of small footrope

trawls. Chafing gear protects the net

from excess wear when it drags against

rock piles or the sea floor. The

prohibition against chafing gear makes

the net more vulnerable to damage, and

so encourages fishers to operate in less

rocky areas.

Trawl vessels using large footrope

gear (with footrope greater than 8 inches

(20 cm) in diameter) are prohibited from

landing nearshore and shelf rockfish

(except chilipepper) and most flatfish

species because their ability to fish in

rocky areas would result in high

incidental catch of species that cannot

withstand additional fishing effort.

Although vessels are not prohibited

from using large footropes in nearshore

and continental shelf areas, they are not

allowed to retain and sell most of the

species they would catch from those

areas. Therefore, NMFS expects little, if

any, use of large footrope gear in areas

of high concentration of overfished

species. Large footrope trawls may still

be used for target deepwater fisheries

when fewer overfished species are

encountered, primarily Dover and rex

soles, thornyheads, sablefish, and

deepwater rockfish. During part of the

year, predominately winter months,

large footrope trawls may also be used

to harvest arrowtooth flounder and

petrale sole. However, small footrope

trawls are required for the rest of the

year when these species are more likely

to aggregate with overfished species

(See Table 3).

For chilipepper rockfish, trip limits

are more liberal when it is taken with

midwater trawl gear. This gear is

effective at harvesting chilipepper above

the ocean floor with little or no bycatch

of bottom-dwelling species such as

canary rockfish. In past years, higher

midwater trawl limits were also

available for yellowtail rockfish because

of reduced canary rockfish availability

in the midwater yellowtail fisheries. In

2002, however, midwater yellowtail

retention is restricted to an incidental

catch allowance in the midwater

whiting trawl fisheries. Midwater

fisheries for yellowtail rockfish tend to

also harvest widow rockfish. Thus, this

increased protection for yellowtail

rockfish taken with midwater gear is

intended to reduce the opportunity for

incidental widow rockfish harvest. If a

fisher chooses to carry more than one

type of trawl gear on board, any landing

will be attributed to the gear on board

with the most restrictive landing limit.

To land the maximum amounts of

chilipepper rockfish, vessels will be

required to have only midwater trawl

gear on board.

Limited Entry Fixed Gear

Similar to the limited entry trawl

fisheries, trip limit opportunities in the

limited entry fixed gear fisheries are

arranged to minimize opportunities for

intercepting overfished species. One of

the most significant changes expected

for limited entry fixed gear management

in 2002 is an April-October primary

sablefish season. In 2001, NMFS

approved Amendment 14 to the FMP,

which implemented a permit stacking

program for sablefish-endorsed limited

entry permits and a longer primary

sablefish season. NMFS expects to

shortly publish a proposed rule to,

among other things, implement the

April-October season for 2002 and

beyond.

The larger-sized sablefish most

desired in the market are available

farther offshore in continental slope

waters. For 2002, minor slope rockfish

limits are higher in the May-October

period to allow vessels targeting

primary season sablefish to take

advantage of the minor slope rockfish

OY when they are most likely to

encounter those rockfish. Darkblotched

rockfish are part of the minor slope

rockfish complex, so overall minor

slope rockfish limits are set at levels

intended to constrain darkblotched

rockfish catch.

Yelloweye rockfish is also caught

incidentally in hook-and-line sablefish

fisheries. Because yelloweye rockfish

tend to sell for a higher price per pound

than other co-occurring rockfish species,

there is a good chance that yelloweye

taken in prior years have been targeted,

rather than caught incidentally. Thus,

yelloweye rockfish retention has been

prohibited entirely in the limited entry

fixed gear fisheries. To give vessels

targeting sablefish in the daily trip limit

fisheries an opportunity to move out to

the continental slope fishing grounds,

the Council has again recommended a

weekly sablefish landing option. With

weekly limits, vessels are more likely to

travel to the continental slope for the

larger and more valuable sablefish,

thereby reducing opportunities for

incidental catch of continental shelf

species (yelloweye, canary, and widow

rockfish, bocaccio, cowcod, and

lingcod.) Cowcod prohibitions and

closures apply to limited entry, fixed

gear vessels. Similar to 2001, fisheries

for minor nearshore rockfish north of

40°10′ N. lat. are managed with

sublimits for species other than black

and blue rockfish, to encourage targeting

on these more abundant nearshore

rockfish species.

As in 2000 and 2001, limited entry

fixed gear fishing for lingcod will be

prohibited during January through April

and during November through

December. These closures are intended

to protect nest-guarding lingcod during

the spawning and nesting season. Nestguarding lingcod are more available to

fixed gear than to trawl gear, because

lingcod nest in rocky habitat that tears

trawl gear while line gear can be used

successfully in rocky areas. Thus,

winter closures for fixed gear are

intended to eliminate fixed gear lingcod

targeting.

For commercial fisheries, directed

fishing for and opportunities to take

overfished species as bycatch are

severely curtailed. Fixed gear generally

has greater access than trawl gear to

rockfish living on and around high relief

rockpiles as explained above. The

Council recommended closing

commercial fixed gear fishing for

nearshore rockfish, shelf rockfish, and

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1575

lingcod during periods when the

recreational fisheries for those species

are closed to reduce overall hook-andline gear (commercial and recreational)

targeting on rockfish. All limited entry

fixed gear (pot and longline) vessels

south of 40°10′ N. lat. are prohibited

from fishing for nearshore rockfish,

shelf rockfish, and lingcod during the

closed periods detailed in Table 4, with

allowances for vessels fishing inside of

the 20-fathom (36.9 m) depth contour.

Concurrent commercial and recreational

closures are expected to achieve

conservation goals while reducing the

conflict that sometimes occurs when

one fishing sector is allowed to fish

while another is not.

Open Access (Hook-and-Line, Troll, Pot,

Setnet, Trammel Net)

The open access nontrawl fishery is

managed separately from the limited

entry fixed-gear fishery, but bycatch

reduction measures are similar for both

sectors. As in the past, open access

cumulative trip limits continue to be

applied mostly to 1-month periods, and

thornyheads may not be taken and

retained north of 37°27′ N. lat. Time and

area closures are used south of 40°10′ N.

lat., similar to the limited entry fixed

gear fisheries and for the same reasons.

Vessels participating in the open access

fisheries with nontrawl gear (hook-andline, troll, pot, setnet and trammel net)

south of 40°10′ N. lat. are prohibited

from fishing for nearshore rockfish,

shelf rockfish, and lingcod, during the

closed periods described in Table 5 with

allowances for vessels fishing inside of

the 20-fathom (36.9 m) depth contour.

The lingcod fishery for all open access

nontrawl gears is also subject to the

same closure, size limits, and

cumulative trip limits as the limited

fixed gear fisheries. Similar to 2001,

fisheries for minor nearshore rockfish

north of 40°10′ N. lat. are managed with

sublimits for black and blue rockfish, to

encourage targeting on these more

abundant nearshore rockfish species.

Cowcod prohibitions and closures apply

to all open access vessels.

Open access cumulative limits may

exceed those for limited entry. If a

vessel with a limited entry permit uses

open access gear (including exempted

trawl gear) and the open access

cumulative limit is larger, the vessel

will be constrained by the smaller,

limited entry cumulative limit for the

entire cumulative period.

Open Access Exempted Trawl Gear

Open access exempted trawl gear

(used to harvest spot and ridgeback

prawns, California halibut, sea

cucumbers, or pink shrimp) is managed

with both ‘‘per trip’’ limits and

cumulative trip limits. These trip limits

are similar to those in 2001, and the

species-specific open access limits

apply but may not exceed the overall

groundfish limits. The limits are 500 lb

(227 kg) of groundfish per day, not to

exceed 1,500 lb (680 kg) per trip in the

pink shrimp fishery. For other exempted

trawl gears, there is a 300 lb (136 kg) per

trip limit. The pink shrimp fishery is

subject to species-specific limits that are

different from other open access limits

for lingcod, canary rockfish, and

sablefish. As with open access nontrawl

gears, thornyheads may not be taken

and retained north of 34°27′ N. lat.

Cowcod prohibitions and closures apply

to all open access vessels.

Recreational Fishery

Recreational fisheries effort has also

been constrained to protect overfished

species, particularly for lingcod, canary

rockfish, bocaccio, and yelloweye

rockfish, which have significant

recreational catches. Washington,

Oregon, and California each proposed,

and the Council recommended, different

combinations of seasons, bag limits, and

size limits to best fit the needs of their

recreational fisheries, while also

meeting conservation goals.

For lingcod, Washington closed the

recreational fishery for 5 months

(January 1—March 15, October 15—

December 31) and maintained its 2 fish

bag limit and its 24 inch (61 cm)

minimum size limit. Oregon’s lingcod

measures are also the same as in 2001,

a 1 fish bag limit, 24 inch (61 cm)

minimum size limit and a year-round

fishery. California maintained its 2

lingcod bag limit, but lowered its

minimum size limit to match the 24

inch (61 cm) limit used in the other two

states. California lingcod closures south

of 40°10′ N. lat. are more stringent than

in 2001: from 40°10′ N. lat. 34°27′ N.

lat., closed March through April and

November through December in all

waters, and open only inside 20 fathoms

(36.9 m) in May through June and

September through October. South of

34°27′ N. lat., closed January through

February and November through

December.

Recreational fisheries off Washington

and Oregon will be challenged this year

by a need to maintain low yelloweye

rockfish catch. Some measures taken in

2000 and 2001 to protect other northern

overfished rockfish species should also

protect yelloweye rockfish, but the

states also recommended several new

yelloweye-specific measures.

Washington maintained its 10 rockfish

bag limit, with sublimits of no more

than 2 canary rockfish, or no more than

1 canary rockfish and 1 yelloweye

rockfish. Oregon also maintained its 10

rockfish bag limit, of which no more

than 1 may be canary rockfish and no

more than one may be yelloweye

rockfish. In reviewing the take of

yelloweye rockfish in their recreational

fisheries, the states of Washington and

Oregon found that yelloweye rockfish is

most frequently taken by vessels that

travel offshore to target Pacific halibut.

However, yelloweye rockfish are not

taken while the vessel is fishing for

halibut, but rather after the vessel has

completed its halibut fishing it moves to

another location and fishes for

yelloweye rockfish before heading to

port. Therefore, prohibiting the

retention of yelloweye rockfish when

halibut are on the vessel should

eliminate the directed harvest of

yelloweye during halibut fishing trips,

without causing discard of incidentallycaught yelloweye rockfish. Thus,

Washington is prohibiting the retention

of yelloweye rockfish when halibut is

on board, and Oregon is prohibiting the

same during its all-depth halibut

fisheries.

Recreational fishing restrictions

proposed for California are intended to

ensure that fishing mortality will not

exceed limits associated with rebuilding

plans for bocaccio, canary rockfish,

cowcod, and lingcod. California

maintained its rockfish size limits, its 2-

hook per fishing line limit and its 10

rockfish bag limit, with a 1 canary

rockfish sublimit, 2 bocaccio sublimit,

and a 1 yelloweye rockfish sublimit

with no more than 2 yelloweye rockfish

per vessel. As with all commercial

fisheries, cowcod retention is

prohibited. In the southern California

area, the CCAs first implemented in

2001 would remain closed to both

recreational and commercial fishing for

groundfish outside of the 20 fathom

(36.9 m) depth contour. Inside the 20

fathom (36.9 m) depth contour,

recreational and commercial fishing for

rockfish and lingcod is permitted from

March through October.

Recreational fisheries data indicate

that California fisheries may have

exceeded the amounts of bocaccio and

canary rockfish that the Council had

estimated pre-season would be taken in

those fisheries in 2001. To prevent these

overages from reoccurring in 2002,

recreational fisheries closures off

California are twice the duration they

were in 2001. The recreational fishing

season for rockfish and lingcod between

40°27′ N. lat.) and Point Conception

(34°27′ N. lat.) would be just 4 months

duration for all depths, January–

February and July–August, plus 4

months inside 20 fathoms (36.9 m) in

1576 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

May–June and September–October.

When the fishery is open inside 20

fathoms (36.9 m), bocaccio, canary, and

yelloweye rockfish retention is

prohibited, and there is a 2 shelf

rockfish bag limit. The recreational

fishing season for rockfish and lingcod

in that same area would be open for all

depths in January–February and July–

August, and in waters shoreward of 20

fathoms (36.9 m) in May–June and

September–October. South of Point

Conception (34°27′ N. lat.) the

recreational fishing season would be 8

months duration, March through

October. Different season closures were

chosen north and south of Point

Conception (34°27′ N. lat.) in order to

correspond with the periods of greatest

benefit statewide for bocaccio and

canary rockfish. Taken together with the

proposed restrictions on commercial

fisheries, the recreational fishery season

closures and limits are expected to keep

total fishing mortality under the

established OYs.

The season closures allow for

modestly higher commercial trip and

recreational bag limits than would

otherwise be possible under year-round

fishing. Season closures are also

expected to result in fewer discards than

would otherwise occur. Concurrent

seasons for recreational and commercial

nontrawl fisheries are more cost

effective to enforce than staggered

seasons and minimize conflicts between

commercial nontrawl and recreational

fishers who fish for nearshore and self

rockfish.

Fishing Communities and Impacts

The Magnuson-Stevens Act requires

that actions taken to implement FMPs

be consistent with the 10 national

standards, one of which requires that

conservation and management measures

shall be consistent with the

conservation requirements of the Act,

‘‘take into account the importance of

fishery resources to fishing communities

in order to (A) provide for sustained

participation of such communities and

(B), to the extent practicable, minimize

adverse economic impacts on such

communities.’’ Commercial and

recreational fisheries for Pacific Coast

groundfish contribute to the economies

and shape the cultures of numerous

fishing communities in Washington,

Oregon, and California. Meeting the

needs of fishing communities has

become increasingly difficult because

the Council manages a fishery that is

overcapitalized and contains stocks that

are overfished. In recommending this

year’s specifications and management

measures, the Council tried to

accommodate some of the needs of

those communities within the

constraints of Magnuson-Stevens Act

requirements to rebuild overfished

stocks, prevent overfishing, and

minimize bycatch. In general, the

Council allows the largest harvest

possible, consistent with conservation

needs of the fish stocks.

West Coast groundfish intermix by

species, which means that interception

and incidental mortality of overfished

species is inevitable even if retention of

a particular species is prohibited. As

discussed earlier in the section on

bycatch and discards, the Council’s

primary goal for 2002 was to minimize

the incidental interception of overfished

species. To achieve this, the fisheries

seasons are structured both to maximize

target species catch while minimizing

overfished species incidental take and

to allow minimal retention of overfished

species where incidental take will

inevitably occur. Minimal retention

levels will discourage targeting while

allowing fishers to land already dead,

incidentally caught fish. The retention

levels allowed (along with the estimated

discard levels) for each of the overfished

species are below their OYs and allow

rebuilding.

For 2002, the Council continued the

year-round fishery opportunity that is

important to the fishing and processing

sectors for maintaining continuous

employment opportunities and

maintaining consistent groundfish

marketing opportunities. The Council

modified the cumulative trip limit

system that has been used in recent

years to extend the fishing season

throughout the year by providing

opportunities for at least some

groundfish species and by maintaining

trawl gear restrictions initially adopted

for 2000. These gear restrictions use

operational and economic incentives to

prevent bottom trawl fishing with roller

gear for some species and encourage use

of midwater trawl and small footrope

trawls on the continental shelf where

most overfished species occur. Trawl

gear restrictions are intended to reduce

directed fishing for species that

commonly co-occur with overfished

species. These strategies were first

developed for the 2000 fishery by a

group of industry participants who met

with the GMT about achieving

conservation goals while minimizing

effects on the industry and coastal

communities. Offering higher limits to

fishermen who use gear with lower

bycatch rates reduces bycatch and

enhances economic opportunities by

providing access to healthy stocks.

Some commercial fishers have

commented that they are being unfairly

constrained relative to recreational

fisheries, while some recreational

fishers have commented that the

commercial fisheries are being favored.

In developing 2002 management

measures, the Council sought a fair and

equitable balance for the two sectors,

and also sought to achieve needed

reductions in total fishing mortality.

California hook-and-line commercial

fisheries will be subject to the same

season restrictions as the recreational

fisheries. The Council was concerned

that further restrictions on recreational

fishing (e.g., longer closures or lower

bag limits) would prevent charter

vessels operators from running charter

fishing trips for a long enough period

that they could go out of business.

Under further restrictions, passengers

may refuse to pay the price to fish or

may not make enough trips in open

seasons to allow operators to cover their

costs. Not only would charter vessel

operators be affected by changes to

recreational fishery management, but

supporting businesses such as bait

shops and tackle suppliers, hotels,

restaurants, and charter company

agents, etc. would also likely suffer. The

closed seasons generally cover the

months that have historically accounted

for the largest seasonal catches of

bocaccio and other rockfishes.

Allowable commercial catches of

many groundfish are even lower than in

2001, but the Council has tried to

restructure the timing of differential trip

limits to provide commercial fisheries

with greater flexibility in their fishing

patterns while not increasing the overall

catches. Again, this restructuring is

intended to limit the extent to which

businesses such as tackle suppliers and

bait shops that supply and support the

fishing industry would suffer. Many

commercial groundfish fishers have

other fishing opportunities during the

year, and these opportunities were taken

into account. For example, the smallscale commercial fishers (and

recreational fishers) in southern

California would (under state

regulations) still be able to fish for

certain species in nearshore waters

while the shelf is closed to protect

overfished species.

Nonetheless, the effects of these 2002

management measures on some fishers

and communities will be severe,

particularly for those without other

opportunities. For the 2002 fishery, the

Council proposed stringent harvest

levels intended to protect and rebuild

overfished and depleted stocks. In

addition to reducing OYs for overfished

stocks, the Council also severely

constrained harvest on healthy stocks

associated with overfished stocks. These

measures were needed to ensure that

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1577

rebuilding of overfished and depleted

stocks could occur. However, they will

cause serious socio-economic

repercussions as a result of these lower

harvest levels and the consequent lower

landings limits.

Distribution of the economic effect of

the 2002 management measures will

depend on how well the fishers can

adapt to the restrictions. Some user

groups, particularly those able to use

midwater trawl gear, will have a greater

opportunity to harvest than they would

have had without gear restrictions,

because proposed restrictions allow

fishers to use gear that reduces

incidental catch of the depleted

rockfish. Other fishers will not be able

to maintain a viable operation at the

reduced harvest levels. The Council

prepared an EA/RIR/IRFA for this

action, which includes a discussion of

the economic and social effects of these

management measures on coastal

communities (see ADDRESSES).

Trip Limit Tables and Management

Measures

Cumulative trip limits are set into

tables, with explanations in section IV.

However, the industry is cautioned not

to rely on the tables alone. The text in

section IV provides cumulative trip

limit definitions and periods, size limit

definitions and conversions, and other

information that cannot be readily

included in a table but must be

understood in order to correctly use the

tables. The sablefish allocations and

nontrawl sablefish management, Pacific

whiting allocations and seasons, and

‘‘per trip’’ limits for black rockfish off

Washington State are still presented in

text in paragraphs IV.B. Trip limits for

exempted trawl gear in the open access

fishery (paragraphs IV.B. Trip limits for

exempted trawl gear in the open access

fishery (paragraph IV.C.), recreational

management measures (paragraph

IV.D.), and tribal allocations and

management measures (paragraph V.)

still remain in the text.

Cumulative trip limits are applied

during the time periods and in the areas

indicated in Tables 3–5 of section IV.

The cumulative trip limit may be taken

at any time within the applicable

cumulative trip limit period. All

cumulative trip limit periods start at

0001 hours, local time, on the specified

beginning date, except for ‘‘B’’ platoon

trawl vessels whose limits start on the

16th of the month (see paragraph

IV.A.(16).

Example 1: Line 2 of Table 3 for the

limited entry trawl fishery means: North of

40°10′ N. lat., the cumulative trip limit for

minor slope rockfish is 1,800 lb (816 kg) per

2-month period; the 2-month periods are

January 1–February 28 and March 1–April

30, etc.

Example 2: The trip limits for bocaccio on

Table 4 for limited entry fixed gear mean:

From January 1 through February 28, the trip

limit for bocaccio between 40°10′ N. lat and

34°27′ N. lat. is 200 lb (91 kg) each month.

However, the fishery for bocaccio is closed

from March 1 to June 30, which means

bocaccio may not be taken, retained,

possessed or landed between 40°10′ N. lat.

and 34°27′ N. lat. during that time period.

The cumulative trip limit returns at 200 lb

(91 kg) per month on July 1, but a fisher may

not fish ahead on that amount (see paragraph

IV.A(2)). Bocaccio taken and retained north

of 40°10′ N. lat. are not explicitly mentioned

in the table, however they are included in the

trip limit for ‘‘minor shelf rockfish-north’’

(see footnote 5 of Table 4).

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 2002,

including measures that are unchanged

from 2001 and new measures.

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. Trip limits are used in

the commercial fishery to specify the

amount of fish that may legally be taken

and retained, possessed, or landed, per

vessel, per fishing trip, or cumulatively

per unit of time, or the number of

landings that may be made from a vessel

in a given period of time, as 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 l.t. 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 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 l.t. on Sunday and ending at

2400 hours l.t. 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 0001

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

as follows, unless otherwise specified:

(i) The 2-month periods are: 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 IV.A. (7)). See paragraph

IV.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 groundwater 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.

1578 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

(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.

(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 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.

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

along the length of the longest part of

the filet, in a relaxed position; stretching

or other wise 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 a fishery, means that taking

and retaining, possessing, or landing the

particular species or species group is

prohibited. (See 50 CFR 660.302.)

Unless otherwise announced in the

Federal Register, offloading must begin

before the time the fishery closes. The

provisions at paragraph IV.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 CCA at IV.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 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

uses 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 IV.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.

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1579

(c) Minor rockfish. Several rockfish

species are designed with speciesspecific 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 IV.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,

sablefish, 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.—POP,

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, POP, 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, small

footrope, or midwater trawl gear.

(a) Types of trawl gear—(i) Large

footrope 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

IV.A. (21) and Table 2 to section IV)

except chilipepper rockfish south of

40°10′ N. Lat. (as specified in Table 3)

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 large footrope 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 3 to

section IV) are lower for vessels with

large footrope gear on board throughout

the year. (See Table 3.) 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

IV.A. (16)).

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(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 3 to section IV, are

allowed only if small footrope gear or

midwater trawl gear is used, and if that

gear meets the specifications in

paragraphs IV.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 small

footrope 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 trawls during a cumulative trip

limit period, all landings are counted

toward the most restrictive gear-specific

cumulative limit.

(iv) More than one type of trawl gear

on board. The cumulative trip limits in

Table 3 of section IV must not be

exceeded. A fisher 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 the 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 0001 hours, l.t.,

and end at 2400 hours, l.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 IV.B. and IV.C. pertain to the

commercial groundfish fishery, but not

to Washington coastal tribal fisheries,

which are described in section V. The

provisions in paragraphs IV.B. and IV.C.

that are not covered under the headings

‘‘limited entry’’ or ‘‘open access’’ apply

to all vessels in the commercial fishery

that take and retain groundfish, unless

otherwise stated. Paragraph IV.D.

pertains to the recreation 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′ to 43°00′ N. lat.

(iii) Eureka—43°00′ to 40°00′ N. lat. N.

lat.

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

lat.

(v) Conception—36°00′ N. lat. to the

U.S.-Mexico border.

(20) Cowcod Conservation Areas.

Recreational and commercial fishing for

groundfish is prohibited within the

Cowcod Conservation Areas (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.;

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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.;

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 2.) Trip limits are established for

‘‘minor rockfish’’ species according to

these categories (see Tables 2–5).

(a) Nearshore rockfish consists

entirely of the minor nearshore rockfish

species listed in Table 2.

(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 2.

(c) Slope rockfish consists of POP,

splitnose rockfish, darkblotched

rockfish, and the minor slope rockfish

species listed in Table 2.

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

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

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

has gear requirements and trip limits

that differ by the type of trawl gear on

board (see paragraph (IV.A.(14)).

Cowcod retention is prohibited in all

fisheries and groundfish vessels

operating south of Point Conception

must adhere to CCA restrictions (see

paragraph IV.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 3 and 4, 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 3 and

4.

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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. See footnote e/ of

Table 1a.

(a) Trawl trip and size limits.

Management measures for the limited

entry trawl fishery for sablefish are

listed in Table 3.

(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, 2001, 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 4 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 4 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 in the

tribal fisheries allocation description at

paragraph V. 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.; 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 3, 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 4

and 5 of section IV. The crossover

provisions at paragraphs IV.A. (12) do

not 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 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 IV.A.(1)(d) size limits

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

(see paragraph IV.A.(7)). Cowcod

retention is prohibited in all fisheries

and groundfish vessels operating south

of Point Conception must adhere to CCA

restrictions (see paragraph IV.A.(201)).

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 5. 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 IV.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 5 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 5 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—

(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 IV.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

(a) California.

Note: California law provides that, in times

and areas 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 IV.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 and retention prohibitions

of paragraph (iii) of this section. 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

recreational season for rockfish is open,

there is a 2-hood limit per fishing line,

and the bag limit is 10 rockfish per day,

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1589

of which not 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 may be retained per vessel.

Cowcod may not be retained. Bocaccio,

canary rockfish, and yelloweye 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: bacaccio 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 IV.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 (ii) 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

though October 31, except that fishing

for lingcod is permitted inside the 20

fathom (36.9 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 though

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 fileted 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 31. 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.

V. Washington Coastal Tribal Fisheries

In 1994, the U.S. government formally

recognized that the four Washington

Coastal Tribes (Makah, Quileute, Hoh,

and Qinault) have treaty rights to fish

for groundfish, and concluded that, in

general terms, the quantification of

those rights is 50 percent of the

harvestable surplus of groundfish

available in the tribes’ usual and

accustomed (U and A) fishing areas

(described at 60 CFR 660.324).

A tribal allocation is subtracted from

the species OY before limited entry and

open access allocations are derived for

areas that coincide with U and As. The

treaty tribal fisheries for sablefish, black

rockfish, and whiting are separate

fisheries and are not governed by the

limited entry or open access regulations

or allocations. The tribes regulate these

fisheries so as not to exceed their

allocations.

The tribal allocation for black rockfish

is the same in 2002 as in 2001. Also

similar to 2001, the tribal sablefish

allocation is 10 percent of the total catch

OY (437 mt), less 3 percent for

estimated discard mortality, or 424 mt.

In 1999 through 2001, the tribal whiting

allocation was based on a 5-year sliding

scale proposal presented by the Makah

Tribe in 1998 (for the years 1999–2003)

that determines the tribal allocation

based on the level of the overall U.S.

OY, up to 17.5 percent tribal harvest

ceiling. Although the 2002 whiting ABC

and OY have not yet been set, the tribes

proposed using the same sliding scale

allocation for 2002. As discussed earlier

in footnote d/ to Table 1a, the Council

will recommend the whiting ABC and

OY at its March 2002 meeting, based on

the results of a new whiting stock

assessment. In 2001, applying the

Makah sliding scale allocation to a

190,400 mt overall OY resulted in a

27,500 mt tribal whiting allocation. No

other tribes proposed to harvest whiting

in 2001.

The right of the Washington coastal

treaty tribes to harvest Pacific whiting in

accordance with the legal principles

established in the ongoing case of U.S.

v. Washington, No. 9213, Phase I (W.D.

Wash), was sustained in Subproceeding

96–2, Order Granting Makah’s Motion

for Summary Judgment (Nov. 5, 1996),

and also in Midwater Trawlers

Cooperative v. Daley, 139 F.Supp.2d

1136 (W.D. Wash. 2000). In the latter

case, the court held that the tribes have

a treaty right to harvest Pacific whiting;

that the Federal defendants did not act

arbitrarily and capriciously in

recognizing the tribes’ right; that the

Secretary of Commerce (Secretary) did

not act arbitrarily and capriciously in

extending the tribes’ usual and

accustomed fishing areas into the

United States EEZ; that the Secretary

appropriately recognized the tribes as

co-managers of the shared resources in

the final rule providing for tribal

groundfish allocations (see 50 CFR

660.324(d)); and that the 1999 tribal

allocation, which was based on the

1590 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

sliding scale proposal first presented by

the Makah Tribe in 1998, was not

arbitrary and capricious. Non-treaty

fishers and the State of Oregon have

appealed this decision to the Ninth

Circuit Court of Appeals, where it

awaits oral argument.

The issue of the appropriate

quantifications of the treaty right to

Pacific whiting was recently adjudicated

in U.S. v. Washington, 143 F.Supp.2d

1218 (W.D. Wash., Order on Summary

Judgment Motions, April 5, 2001),

which approved the Makah Tribe’s 1998

sliding scale proposal as within the

tribal treaty right and consistent with

the Magnuson-Stevens Act.

For some species on which the tribes

have a modest harvest, no specific

allocation has been determined. Rather

than try to reserve specific allocations

for the tribes, NMFS is establishing trip

limits recommended by the tribes and

the Council to accommodate modest

tribal fisheries. For lingcod, all tribal

fisheries are restricted to 300 lb (136 kg)

per day and 900 lb (408 kg) per week

cumulative limits. Tribal fisheries are

expected to take about 4–5 mt of lingcod

in 2002. For rockfish species, the 2002

tribal longline and trawl fisheries will

operate under trip and cumulative

limits. Tribal fisheries will operate

under 300 lb (136 kg) per trip limits

each for canary rockfish, thornyheads,

and the minor rockfish species groups

(nearshore, shelf, and slope), and under

a 100 lb (45 kg) trip limit for yelloweye

rockfish. A 300 lb (136 kg) canary

rockfish trip limit is expected to result

in landings of 2.5 mt in 2002. A 300 lb

(136 kg) thornyheads trip limit is

expected to result in landings of 1 mt in

2002. Other rockfish limits are expected

to result in the following landings

levels: widow rockfish, 27 mt;

yelloweye rockfish, 1–1.5 mt; yelloweye

rockfish, 300 mt; minor nearshore

rockfish, 2 mt; minor shelf rockfish

excluding yelloweye, 4 mt; minor slope

rockfish, 4 mt. Trace amounts (<1 mt) of

POP and darkblotched rockfish may also

be landed in tribal commercial fisheries.

The Assistant Administrator

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.

VI. Receipt of an Application for EFPs

At the Council’s November 2001

meeting, NMFS received an application

requesting renewal of EFPs for the 2002

shore-based Pacific whiting fishery from

the States of Washington, Oregon, and

California. Issuance of these EFPs would

allow unsorted whiting harvests to be

delivered to shore-based processing

facilities where state-sponsored

biologists can collect information on the

incidental catch of salmon and

groundfish. These EFPs are intended to

promote the objectives of the Pacific

Coast Groundfish FMP by providing

catch data that is otherwise not

available for managing the fishery.

Because whiting deteriorates rapidly,

it must be handled quickly and

immediately chilled to maintain its

quality. As a result, many vessels prefer

to dump catch directly, or near directly,

into the hold and are unable to

effectively sort their catch at sea.

Delaying sorting until offloading allows

whiting quality to be maintained while

providing an opportunity for state

biologists to collect much needed

fishery data. If issued, approximately 20

vessels would be permitted to delay the

sorting of prohibited species and

groundfish species caught in excess of

cumulative trip limits until offloading.

Without an EFP, vessels are required to

sort prohibited species and return them

to sea as soon as practicable with

minimum injury (50 CFR 660.306(b)),

and they are prohibited from exceeding

the groundfish trip limits for individual

species or groups (50 CFR 660.306(h)).

Following the opportunity for public

comment at the Council’s November

meeting, the Council recommended that

NMFS issue the EFPs requested by the

States. A copy of the application is

available for review from NMFS (see

ADDRESSES).

Classification

These proposed specifications and

management measures for 2002 are

issued under the authority of, and are in

accordance with, the Magnuson-Stevens

Act, the FMP, and 50 CFR parts 600 and

660 subpart G (the regulations

implementing FMP).

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Council prepared an initial

regulatory flexibility analysis that

describes the impact this proposed rule,

if adopted, would have on small

entities.

NMFS is proposing the 2002 annual

specifications and management

measures to allow West Coast

commercial and recreational fisheries

participants to fish the harvestable

surplus of healthy groundfish stocks,

while also ensuring that those fisheries

do not exceed the allowable catch levels

intended to protect overfished and

depleted stocks. The form of the

specifications, in ABCs and OYs,

follows the guidance of the MagnusonStevens Act, the National Standard

Guidelines, and the FMP for protecting

and conserving fish stocks. Annual

management measures include trip and

bag limits, size limits, season

restrictions, gear restrictions, and other

measures intended to allow year-round

West Coast groundfish landings without

compromising overfished species

rebuilding measures.

Approximately 2,000 vessels

participate in the West Coast groundfish

fisheries. Of those, about 500 vessels are

registered to limited entry permits

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1591

issued for either trawl, longline, or pot

gear. About 1,500 vessels land

groundfish against open access limits

while either directly targeting

groundfish or taking groundfish

incidentally in fisheries directed at nongroundfish species. All but 10–20 of

those vessels are considered small

businesses by the Small Business

Administration. There are also about

700 groundfish buyers on the West

Coast, approximately 250 of which

annually purchased at least $33,000 of

groundfish in 2000. In the 2001

recreational fisheries, there were 106

charter vessels engaged in salt water

fishing outside the Puget Sound, 232

charter vessels active on the Oregon

coast and 415 charter vessels active on

the California coast.

Revenues for many groundfish fishery

participants are expected to decline in

2002. Harvest levels for some key

species, such as sablefish, Dover sole,

and widow rockfish are set significantly

lower in 2002 than in 2001 and will

affect coastwide groundfish revenues.

For example, the proposed 2002

sablefish commercial OY is 37 percent

lower than in 2001. Comparing 2000

sablefish revenue data (2001 data is not

yet complete) with the available

sablefish commercial OY in 2002, 2002

coastwide sablefish revenue could be

39–48 percent lower than in 2000.

Overall, groundfish revenues in 2002

are expected to the $31 million, which

is a 22.5 percent decrease from

estimated 2001 revenues ($40 million)

and a 39 percent decrease from 2000

revenues ($51 million).

It is difficult to estimate exactly how

this overall decline in landings and

revenue will affect individual members

of the groundfish fleet. However, the

overall decline is significant enough to

suggest that small businesses with a

substantial portion of their incomes

dependent on groundfish will be

negatively affected by implementation

of the 2002 proposed harvest levels.

Limited entry vessels generally harvest

in excess of $50,000 of West Coast fish

per year and tend to depend on the

catch of groundfish for over 35 percent

of their gross West Coast revenue. Open

access vessels tend to harvest less than

$50,000 of West Coast fish per year and

those harvesting in excess of $50,000 of

West Coast fish per year generally rely

on groundfish for less than 5 percent of

their exvessel revenue. Thus limited

entry vessels and the people relying on

these vessels for income are likely to be

more adversely affected from the

decline in groundfish revenue

opportunity than open access vessels.

Of the approximately 700 groundfish

buyers, about 300 have groundfish as at

least 35 percent of their fish products

purchase from fishing vessels. If those

groundfish buyers are unable to

purchase alternative fish species, they

will likely also suffer declines in

income and employment.

For the recreational fishery, the only

significant catch and effort reductions

would occur in California. Little change

in overall recreational effort is expected

in Washington or Oregon. Reduction in

effort in California is expected to result

in a reduction in revenue for businesses

that cater to recreational fishers. In

northern and southern California, $10.8

million and $9.5 million, respectively,

of community level personal income

were associated with the recreational

groundfish fishery. These personal

income values are a measure of the

contribution of recreational fishing to

businesses and local communities.

Under the proposed action effort is

expected to decline by about 15 percent.

The decline in effort would be expected

to reduce associated community level

personal income by similar amounts.

Gross receipts for recreational

groundfish activities will likely decline

in proportion with the decline in

number of angler trips, however, net

profits may decline more given that

certain costs will be fixed on an annual

and per trip basis. Revenue declines

from groundfish may be offset to the

degree that charter vessels operate in

other fisheries.

This rule does not propose any new

reporting and recordkeeping

requirements; however, it does

announce EFPs for 2002, which include

reporting and recordkeeping

requirements. Reporting and

recordkeeping requirements associated

with EFPs are described in this section,

under the Paperwork Reduction Act.

The Council considered three issues,

each with several alternatives and suboptions, and ultimately chose

alternative that balanced the

conservation and socioeconomic risks

and benefits associated with all aspects

of the 2002 Pacific Coast groundfish

fishery. The relevant issues were

alternative harvest levels, alternative

bycatch and discard rate assumptions,

and alternative season options. Each

issue had several alternatives with

varying degrees of potential risks and

benefits to the groundfish fishery that

are described in the EA/RIR/IRFA. Less

restrictive alternatives tend to buffer,

but not necessarily ameliorate, the

continued downward trend in economic

benefits and fishing opportunities.

However, the short term benefits of less

restrictive alternatives were weighed

against longer term stock conservation

risks. The Council adopted alternatives

modeled in the EA/RIR/IRFA that are

believed to adequately bracket a

reasonable range of options for the 2002

groundfish fishery, given anticipated

short and long term risks and benefits.

The alternative harvest levels apply to

seven stocks that are subject to new

stock assessments or rebuilding

strategies, sablefish, Pacific ocean perch

(POP), widow rockfish, shortspine

thornyhead, darkblotched rockfish,

yelloweye rockfish, and Dover sole.

Four alternatives were considered, the

status quo, a low level of acceptable

biological catch (ABC) and OY, high

levels of ABC/OY, and the proposed

action. The proposed action sets ABCs/

OYs between the high and low levels,

with the ABCs/OYs of the seven stocks

at lower levels than the status quo

alternative except for shortspine

thornyheads and darkblotched rockfish,

and represents a 21-percent reduction in

commercial exvessel value from the

status quo and a commensurate

reduction in recreational catch. While

the status quo alternative would provide

the highest ABCs/OYs, except for

shortspine thornyhead, this alternative

was not adopted because these levels

are higher than those supported by the

new stock assessments and rebuilding

strategies. Similarly, the high level

alternative, which represents a 19-

percent reduction in commercial

exvessel value, was not considered to

sufficiently consider the effects of

incidental catches of these species in

other fisheries or to be sufficiently risk

averse in rebuilding these stocks. The

low level alternative would reduce

commercial exvessel value by 34

percent of the value of the status quo

fishery, with a commensurate reduction

in recreational catch. While this

alternative would be risk averse from

the standpoint of the stocks, it was

rejected because its effects on the

fishery would likely cause even more

severe economic disruptions,

particularly in the trawl and fixed gear

limited fisheries.

The bycatch and discard rate

estimation issue arose by the need to

accurately track total mortality of

groundfish stocks and by recent legal

challenges of past bycatch and discard

rate assumptions. The Council

recommended bycatch rates and discard

mortality for lingcod, bocaccio, canary

rockfish, darkblotched rockfish, and

POP for the limited entry trawl fishery.

The Council used a synthesis of several

scientific studies to provide a low-tohigh range of bycatch rates. The

methodology of this analysis and how

the Council arrived at the speciesspecific bycatch rates and discard

mortality is described previously in this

1592 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules

document. Four alternatives were

considered, the status quo, a low end

range of bycatch rates, a high end range

of bycatch rates, and the mid-range

proposed action, which represents the

Council consensus of the most

scientifically reasonable bycatch rates

for each of the five stocks considered to

apply to the fishery in 2002. In choosing

the preferred alternative the Council

considered the legal requirements and

the biological and economic

consequences of over- or

underestimating the bycatch rates. The

Council rejected using the status quo

bycatch and discard rate assumptions of

2001 as not legally defensible. Applying

the low end alternative would not be as

constraining on the fishery, but

represents a greater risk of overfishing

the constraining stocks if bycatch rates

and total mortality are underestimated.

Applying the high end alternative

would entail less risk of overfishing, but

would be the most constraining on the

fishery and incur excess economic

losses if the total mortality is

overestimated.

The alternative season options

resulted from a desire to consider area

and time manipulations of the fishery to

potentially realize higher trip limits and

lessen regulatory discard of groundfish.

Six alternatives were considered for the

commercial seasons, the status quo, a

year-round Groundfish Management

Team (GMT) recommended season, a

coastwide 6-month season, a year-round

Groundfish Advisory Panel (GAP)

recommended season based on the

preferred OYs, a year-round GAP

recommended season based on the high

end OYs, and the proposed action,

which provides seasons considering the

preferred OYs with consideration of

bycatch. The status quo alternative was

rejected because the best available

science (i.e., new stock assessments)

was not considered and it violates the

legal mandate to consider bycatch and

discard mortality rate assumptions. The

year-round GMT recommended season

was rejected because it did not consider

the restrictions needed for managing

overfished species. The coastwide 6-

month season was rejected because of

the potential of processors and vessels

to lose skilled workers, loss of markets,

and weather constraints leading to

inequitable fishing opportunities among

the areas. The two year-round GAP

recommended seasons were rejected

because the landing limits for these

seasons implied a higher bycatch of

constraining stocks than would be

allowed under the range of harvest

levels considered.

The fisheries agencies of the states of

Oregon, Washington, and California

presented several options for

recreational fisheries off their respective

states. In each case the Council adopted

a preferred alternative that considered

the preferred ABC/OY level and the

bycatch constraints for their fisheries.

Other regulations affecting the West

Coast groundfish fisheries are primarily

found at 50 CFR 660.301–360. A copy

of this analysis is available from the

Council (see ADDRESSES).

Pursuant to Executive Order 13175,

this rule was developed after

meaningful consultation and

collaboration with tribal officials from

the area covered by the FMP. Under the

Magnuson-Stevens Act at 16 U.S.C.

1852(b)(5), one of the voting members of

the Pacific Council must be a

representative of an Indian tribe with

Federally recognized fishing rights from

the area of the Council’s jurisdiction. In

addition, regulations implementing the

FMP establish a procedure by which the

tribes with treaty fishing rights in the

area covered by the FMP request new

allocations or regulations specific to the

tribes, in writing, before the first of the

two fall groundfish meetings of the

Council. The regulation at 50 CFR

660.324(d) further states ‘‘the Secretary

will develop tribal allocations and

regulations under this paragraph in

consultation with the affected tribe(s)

and, insofar as possible, with tribal

consensus.’’ The tribal management

measures in this proposed rule have

been developed following these

procedures. The tribal representative on

the Council made a motion to adopt the

tribal management measures, which was

passed by the Council, and those

management measures, which were

developed and proposed by the tribes,

are included in this proposed rule.

NMFS issued Biological Opinions

(BOs) under the Endangered Species Act

on August 10, 1990, November 26, 1991,

August 28, 1992, September 27, 1993,

May 14, 1996, and December 15, 1999,

pertaining to the effects of the

groundfish fishery on chinook salmon

(Puget Sound, Snake River spring/

summer, Snake River fall, upper

Columbia River spring, lower Columbia

River, upper Willamette River,

Sacramento River winter, Central

Valley, California coastal), coho salmon

(Central Calfornia coastal, southern

Oregon/northern California coastal,

Oregon coastal), chum salmon (Hood

Canal, Columbia River), sockeye salmon

(Snake River, Ozette Lake), and

steelhead (upper, middle and lower

Columbia River, Snake River Basin,

upper Willamette River, central

California coast, California Central

Valley, south-central California,

northern California, southern

California). NMFS has concluded that

implementation of the FMP for the

Pacific Coast groundfish fishery is not

expected to jeopardize the continued

existence of any Endangered or

threatened species under the

jurisdiction of NMFS, or result in the

destruction or adverse modification of

critical habitat. NMFS has re-initiated

consultation on the Pacific whiting

fishery associated with the (whiting BO)

issued on December 15, 1999. During

the 2000 whiting season, the whiting

fisheries exceeded the chinook bycatch

amount specified in the BO’s incidental

take statement’s incidental take

estimates, 11,000 fish, by approximately

500 fish. In the 2001 whiting season,

however, the whiting fishery’s chinook

bycatch was well below the 11,000 fish

incidental take estimates. The reinitiation will focus primarily on

additional actions that the whiting

fisheries would take to reduce chinook

interception, such as time/area

management. NMFS is gathering data

from the 2001 whiting fisheries and

expects that the re-initiated whiting BO

will be complete by February 2002.

During the reinitiation, fishing under

the FMP is within the scope of the

December 15, 1999, BO, so long as the

annual incidental take of chinook stays

under the 11,000 fish bycatch limit.

NMFS has concluded that

implementation of the FMP for the

Pacific Coast groundfish fishery is not

expected to jeopardize the continued

existence of any endangered or

threatened species under the

jurisdiction of NMFS, or result in the

destruction or adverse modification of

critical habitat. This action is within the

scope of these consultations.

This action refers to a collection-ofinformation requirement subject to the

Paperwork Reduction Act (PRA). Permit

requirements have been approved by

OMB under control number 0648–203

for Federal fisheries permits. The public

reporting burden for applications for

exempted fishery permits is estimated at

1 hour per response; the burden for

reporting by exempted fishing

permittees is estimated at 30 minutes

per response. These estimates include

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and revising

the collection of information. Send

comments regarding these burden

estimates or any other aspect of the data

requirements, including suggestions for

reducing the burden to NMFS and to

OMB (see ADDRESSES).

Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1593

Notwithstanding any other provisions

of the law, no person is required to

respond to, nor shall a person be subject

to a penalty for failure to comply with,

a collection of information subject to the

requirements of the PRA, unless that

collection of information displays a

currently valid OMB control number.

Dated: December 31, 2001.

Rebecca Lent,

Deputy Assistant Administrator for

Regulatory Programs, National Marine

Fisheries Service.

[FR Doc. 01–32262 Filed 12–31–01; 4:46 pm]

BILLING CODE 3510–22–M