[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Rules and Regulations]
[Pages 1541-1554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32261]



[[Page 1539]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Parts 600 and 660



Magnuson-Stevens Act Provisions; Fisheries off West Coast States and in 
the Western Pacific; Pacific Coast Groundfish Fishery; Ground fis

[[Page 1540]]

h Fishery Management Measures; Emergency Rule and Proposed Rule

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

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 011231309-1309-01; I.D. 121301B]
RIN 0648-A069


Magnuson-Stevens Act Provisions; Fisheries off West Coast States 
and in the Western Pacific; Pacific Coast Groundfish Fishery; 
Groundfish Fishery Management Measures

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

ACTION: Emergency rule; groundfish fishery management measures for 
January through February 2002; request for comments.

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SUMMARY: NMFS announces the January through February 2002 management 
measures for groundfish taken in the U.S. exclusive economic zone (EEZ) 
and state waters off the coasts of Washington, Oregon, and California. 
Management measures for January through February 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, allow achievement of harvest 
guidelines and limited entry and open access allocations to the extent 
practicable.

DATES: Effective January 1, 2002, through February 28, 2002. 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 NE., 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 Internet. Information 
relevant to this emergency rule and the proposed rule for the annual 
specifications and management measures published elsewhere in this 
issue of the Federal Register, which includes an environmental 
assessment/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. 
This emergency rule also is accessible via the Internet at the Office 
of the Federal Register's Web site athttp://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.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Becky Renko 
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736 and; 
E-mail: <a href="/cdn-cgi/l/email-protection#d4ada2bbbabab1fab0b1a6b1adbabdb1a694babbb5b5fab3bba2"><span class="__cf_email__" data-cfemail="3049465f5e5e551e54554255495e595542705e5f51511e575f46">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#177572747c6e396572797c78577978767639707861"><span class="__cf_email__" data-cfemail="84e6e1e7effdaaf6e1eaefebc4eaebe5e5aae3ebf2">[email protected]</span></a>, or Svein 
Fougner (Southwest Region, NMFS) phone: 562-980-4000; fax: 562-980-4047 
and; E-mail: <a href="/cdn-cgi/l/email-protection#f38085969a9ddd959c86949d9681b39d9c9292dd949c85"><span class="__cf_email__" data-cfemail="e0939685898ece868f95878e8592a08e8f8181ce878f96">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:   

Background

    The Pacific Coast groundfish fishery management plan (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. 
Each year specifications and management measures are effective until 
the specifications and management measures for the following year are 
published and effective. In 2001, the agency 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 
elsewhere in this issue of the Federal Register, to be followed by a 
final rule.
    Given the timing of the court order, it was not possible to adjust 
the Council process so that the Council could recommend management 
measures earlier in the year. The Council finalized its 2002 
specifications and management measures recommendations at its October 
28 through November 2, 2001, meeting in Millbrae, CA. Given the 
complexity of the annual specifications and management measures 
package, NMFS did not have enough time to publish a proposed rule on 
the Council's recommendations, receive public comments, and implement a 
final rule by January 1, 2002. Thus, NMFS is publishing this emergency 
rule under the Magnuson-Stevens Act emergency authority at section 
305(c), which finalizes and makes effective the groundfish management 
measures for January 1 through February 28, 2002.
    Absent a final rule by January 1, 2002, management measures for 
January and February 2002 would revert to those that were in place for 
January-February 2001. There are several species for which reverting to 
higher 2001 limits at the beginning of the year could result in either 
exceeding the annual commercial OYs or very early attainment of OYs 
during the year. This would also run counter to the Council's goal of 
having a year round fishery. While these circumstances could jeopardize 
the ability to stay within rebuilding targets for some species, they 
could also lead to significant foregone revenue from other target 
species whose fisheries might also have to be closed prematurely.
    Proposed trawl management for widow rockfish in 2002 allows no 
midwater fishing above the small-footrope trawl limit. The 2001 
midwater trawl limit of 20,000 lb (9,072 kg) per 2 months produced 
landings of over 800 mt during the first 4 months of 2001. The landed 
catch OY for limited entry in 2002 is only 575 mt. Assuming the same 
catch rates as in 2001, not only would the rebuilding target be 
exceeded through use of the 2001 limits, but other fisheries which take 
widow rockfish incidentally, such as the $16 million whiting fishery, 
would likely have to be foregone. Similarly, the 65,000 lb (29,484 kg) 
limit for Dover sole north of Cape Mendocino in 2001 produced 3,800 mt 
of landings during the first four months. Were this to be repeated in

[[Page 1541]]

2002, less than half of the Dover sole OY would remain for the 
remaining 8 months of the year. Early attainment of Dover sole would 
likely result in closures or severe cutbacks in opportunities for other 
DTS complex (Dover sole, shortspine thornyhead, longspine thornyhead, 
sablefish) species and flatfish species during much of 2002. To address 
bycatch concerns for rebuilding species, proposed 2002 flatfish limits 
were also lowered during the first four months of the year relative to 
2001. Failure to implement these reductions could jeopardize the 
ability to stay within rebuilding targets for some species.
    Within the fixed gear fisheries, several drastic reductions in 
shelf rockfish limits are being proposed to reduce mortality of 
yelloweye rockfish, which will be declared overfished in the Proposed 
Rules section of this issue of the Federal Register. Line gears will 
land at least 8 mt of yelloweye rockfish in 2001, and landed over 7 mt 
in 2000. Less than 5 mt of yelloweye rockfish mortality will be 
allocated to the commercial fishery for 2002, with an expectation that 
1-2 mt will be caught as bycatch in trawl fisheries on the continental 
shelf. A new yelloweye rockfish bag limit and other yelloweye rockfish 
restrictions are imposed in the recreational fisheries to protect this 
species. Failure to implement the more restrictive fixed-gear landing 
limits proposed for shelf rockfish species in 2002 could lead to early 
attainment of yelloweye rockfish. This could jeopardize not only other 
longline fisheries, such as the $4 million primary sablefish season, 
but also trawl fisheries on the continental shelf. In a few cases, trip 
limits in January and February 2002 are higher than in 2001 because the 
proposed OYs have increased or because they provide an opportunity to 
harvest healthy stocks when they are segregated from the overfished 
stocks in the winter.
    Specifications and management measures proposed for March-December 
2002 in the Proposed Rules section of this issue of the Federal 
Register, combined with this emergency rule, are a balance intended to 
protect overfished groundfish species while allowing harvesters some 
access to healthy groundfish stocks. The proposed specifications and 
management measures are designed to rebuild overfished stocks through 
constraining direct and incidental mortality to prevent overfishing, 
and to achieve as much of the OYs as practicable for healthier 
groundfish stocks managed under the FMP. The proposed specifications 
and management measures describe the rationale for the 2002 groundfish 
management measures and include trip, bag and size limits, time/area 
closures, and gear-and area-specific regulations, including the 
management measures implemented in this emergency rule.
    During 2002, NMFS and the Council will consider how to incorporate 
a NMFS proposed and final rulemaking process into the Council's annual 
specifications and management measures process without using an 
emergency rule to implement management measures for 2003.

NMFS Actions

    For the reasons stated above, the Assistant Administrator for 
Fisheries, NOAA (Assistant Administrator or AA), concurs with the 
Council's recommendations and announces the following management 
actions for January 1 through February 28, 2002.

A. General Definitions and Provisions

    The following definitions and provisions apply to the 2002 
management measures, unless otherwise specified in a subsequent Federal 
Register document:
    (1) Trip limits. Trips limits are used in the commercial fishery to 
specify the amount of fish that may legally be taken and retained, 
possessed, or landed, per vessel, per fishing trip, or cumulatively per 
unit of time, or the number of landings that may be made from a vessel 
in a given period of time, as follows:
    (a) A per trip limit is the total allowable amount of a groundfish 
species or species group, by weight, or by percentage of weight of 
legal fish on board, that may be taken and retained, possessed, or 
landed per vessel from a single fishing trip.
    (b) A daily trip limit is the maximum amount that may be taken and 
retained, possessed, or landed per vessel in 24 consecutive hours, 
starting at 0001 hours 1.t. Only one landing of groundfish maybe made 
in that 24-hour period. Daily trip limits may not be accumulated during 
multiple day trips.
    (c) A weekly trip limit is the maximum amount that may be taken and 
retained, possessed, or landed per vessel in 7 consecutive days, 
starting at 0001 hours 1.t. on Sunday and ending at 2400 hours 1.5 on 
Saturday. Weekly trip limits may not be accumulated during multiple 
week trips. If a calendar week includes days within two different 
months a vessel is not entitled to two separate weekly limits during 
that week.
    (d) A cumulative trip limit is the maximum amount that may be taken 
and retained, possessed, or landed per vessel in a specified period of 
time without a limit on the number of landings or trips, unless 
otherwise specified. The cumulative trip limit periods for limited 
entry and open access fisheries, which start at 001 hours 1.t. and end 
at 2400 hours 1.t., are as follows, unless otherwise specified:
    (i) The first 2-month period of 2002 is January 1-February 28, 
March 1-April 30, May 1-June 30, July 1-August 31, September 1-October 
31, and, November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    (2) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next period, so long as no fish (including, but not limited to, 
groundfish with no trip limits, shrimp, prawns, or other nongroundfish 
species or shellfish) are landed (offloaded) until the next period. As 
stated at 50 CFR 660.302 (in the definition of ``landing''), once the 
offloading of any species begins, all fish aboard the vessel are 
counted as part of the landing. Fishing ahead is not allowed during or 
before a closed period (see paragraph A.(7)). See paragraph A.(9) for 
information on inseason changes to limits.
    (3) Weights. All weights are round weights or round-weight 
equivalents unless otherwise specified.
    (4) Percentages. Percentages are based on round weights, and, 
unless otherwise specified, apply only to legal fish on board.
    (5) Legal fish. ``Legal fish'' means fish legally taken and 
retained, possessed, or landed in accordance with the provisions of 50 
CFR part 660, the Magnuson-Stevens Act, any document issued under part 
660, and any other regulation promulgated or permit issued under the 
Magnuson-Stevens Act.
    (6) Size limits and length measurement. Unless otherwise specified, 
size limits in the commercial and recreational groundfish fisheries 
apply to the ``total length,'' which is the longest measurement of the 
fish without mutilation of the fish or the use of force to extend the 
length of the fish. No fish with a size limit may be retained if it is 
in such condition that its length has been extended or cannot be 
determined by these methods. For conversions not listed here, contact 
the state where the fish will be landed.
    (a) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.

[[Page 1542]]

    (b) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsel surface of the body closest to 
the head) to the tip of the upper lobe of the tail; the dorsal fin and 
tail must be left intact.
    (c) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see paragraph D.(1)). A filet is measured along 
the length of the longest part of the filet in a relaxed position; 
stretching or otherwise manipulating the filet to increase its length 
is not permitted.
    (d) Sablefish weight limit conversions. The following conversions 
apply to both the limited entry and open access fisheries when trip 
limits are effective for those fisheries. For headed and gutted 
(eviscerated) sablefish, the conversion factor established by the state 
where the fish is or will be landed will be used to convert the 
processed weight to round weight for purposes of applying the trip 
limit. (The conversion factor currently is 1.6 in Washington, Oregon, 
and California. However, the state conversion factors may differ; 
fishers should contact fishery enforcement officials in the state where 
the fish will be landed to determine that state's official conversion 
factor.)
    (e) Lingcod size and weight conversions. The following conversions 
apply in both limited entry and open access fisheries.
    (i) Size conversion. For lingcod with the head removed, the minimum 
size limit is 19.5 inches (49.5 cm), which corresponds to 24 inches (61 
cm) total length for whole fish.
    (ii) Weight Conversion. The conversion factor established by the 
state where the fish is or will be landed will be used to convert the 
processed weight to round weight for purposes of applying the trip 
limit. (The states' conversion factors may differ, and fishers should 
contact fishery enforcement officials in the state where the fish will 
be landed to determine that state's official conversion factor.) If a 
state does not have a conversion factor for headed and gutted lingcod, 
or lingcod that is only gutted; the following conversion factors will 
be used. To determine the round weight, multiply the processed weight 
times the conversion factor.
    (A) Headed and gutted. The conversion factor for headed and gutted 
lingcod is 1.5.
    (B) Gutted, with the head on. The conversion factor for lingcod 
that has only been gutted is 1.1
    (7) Closure. ``Closure,'' when referring to closure of fishery, 
means that taking and retaining, possessing, or landing the particular 
species or species group is prohibited. (See 50 CFR 660.302.) Unless 
otherwise announced in the Federal Register, offloading must begin 
before the time the fishery closes. The provisions at paragraph A.(2) 
for fishing ahead do not apply during a closed period. It is unlawful 
to transit through a closed area with the prohibited species on board, 
no matter where that species was caught, except as provided for in the 
Cowcod Conservation Areas at A.(20).
    (8) Fishery management area. The fishery management area for these 
species is the EEZ off the coasts of Washington, Oregon, and California 
between 3 and 200 nm offshore, bounded on the north by the Provisional 
International Boundary between the United States and Canada, and 
bounded on the south by the International Boundary between the United 
States and Mexico. All groundfish possessed between 0-200 nm offshore 
or landed in Washington, Oregon, or California are presumed to have 
been taken and retained from the EEZ, unless otherwise demonstrated by 
the person in possession of those fish.
    (9) Routine management measures. Most trip, bag, and size limits in 
the groundfish fishery have been designated ``routine,'' which means 
they may be changed rapidly after a single Council meeting. (See 50 CFR 
660.323(b).) Council meetings in 2002 will be held in the months of 
March, April, June, September, and November. Inseason changes to 
routine management measures are announced in the Federal Register. 
Information concerning changes to routine management measures is 
available from the NMFS Northwest and Southwest Regional Offices (see 
ADDRESSES). Changes to trip limits are effective at the times stated in 
the Federal Register. Once a change is effective, it is illegal to take 
and retain, possess, or land more fish than allowed under the new trip 
limit. This means that, unless otherwise announced in the Federal 
Register, offloading must begin before the time a fishery closes or a 
more restrictive trip limit takes effect.
    (10) Limited entry limits. It is unlawful for any person to take 
and retain, possess, or land groundfish in excess of the landing limit 
for the open access fishery without having a valid limited entry permit 
for the vessel affixed with a gear endorsement for the gear used to 
catch the fish (50 CFR 660.306(p)).
    (11) Operating in both limited entry and open access fisheries. The 
open access trip limit applies to any fishing conducted with open 
access gear, even if the vessel has a valid limited entry permit with 
an endorsement for another type of gear. A vessel that operates in both 
the open access and limited entry fisheries is not entitled to two 
separate trip limits for the same species. If a vessel has a limited 
entry permit and uses open gear, but the open access limit is smaller 
than the limited entry limit, the open access limit cannot be exceeded 
and counts toward the limited entry limit. If a vessel has a limited 
entry permit and use open access gear, but the open access limit is 
larger than the limited entry limit, the smaller limited entry limit 
applies, even if taken entirely with open access gear.
    (12) Operating in areas with different trip limits. Trip limits for 
a species or a species group may differ in different geographic areas 
along the coast. The following ``crossover'' provisions apply to 
vessels operating in different geographical areas that have different 
cumulative or ``per trip'' trip limits for the same species or species 
group. Such crossover provisions do not apply to species that are 
subject only to daily trip limits, or to the trip limits for black 
rockfish off Washington (see 50 CFR 660.323(a)(1)). In 2002, the 
cumulative trip limit periods for the limited entry and open access 
fisheries are specified in paragraph A(1)(d), but may be changed during 
the year if announced in the Federal Register.
    (a) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies 
before fishing in an area where a more liberal trip limit (or no trip 
limit) applies, then that vessel is subject to the more restrictive 
trip limit for the entire period to which that trip limit applies, no 
matter where the fish are taken and retained, possessed, or landed.
    (b) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an 
area where a more restrictive trip limit applies, that vessel is 
subject to the more restrictive trip limit for the entire period to 
which that trip limit applies, no matter where the fish are taken and 
retained, possessed, or landed.
    (c) Minor rockfish. Several rockfish species are designated with 
species-

[[Page 1543]]

specific limits on one side of the 40 deg.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 deg.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 deg.10' N. lat., even if splitnose rockfish were a part of the 
landings from minor slope rockfish taken and retained north of 
40 deg.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 deg.10' N. lat., that vessel is also permitted to take and retain, 
possess, or land POP up to its cumulative limit north of 40 deg.10' N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 40 deg.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 deg.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 deg.10' N. lat., even if 
either species is part of the landings from minor shelf rockfish taken 
and retained north of 40 deg.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 deg.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 deg.10' N. lat., even if yellowtail rockfish is part 
of the landings from minor shelf rockfish taken and retained south of 
40 deg.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 deg.10' N. lat. Vessels operating in the limited entry trawl fishery 
are subject to the crossover provisions in this paragraph A.(12) when 
making landings that include any one of the four species in the ``DTS 
complex.''
    (13) Sorting. It is unlawful for any person to ``fail to sort, 
prior to the first weighing after offloading, those groundfish species 
or species groups for which there is a trip limit, size limit, quota, 
or commercial OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, commercial optimum yield, or 
quota applied.'' This provision applies to both the limited entry and 
open access fisheries. (See 50 CFR 660.306(h)). The following species 
must be sorted in 2002:
    (a) For vessels with a limited entry permit:
    (i) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, minor nearshore 
rockfish, minor shelf rockfish, minor slope rockfish, shortspine and 
longspine thornyhead, Dover sole, arrowtooth flounder, rex sole, 
petrale sole, other flatfish, lingcod, sabelfish, and Pacific whiting;


    Note: Although both yelloweye and darkblotched rockfish are 
considered minor rockfish managed under the minor shelf and minor 
slope rockfish complexes, respectively, they have separate OYs and 
therefore must be sorted by species.


    (ii) North of 40 deg.10' N. lat.--Pacific ocean perch, yellowtail 
rockfish, and, for fixed gear, black rockfish and blue rockfish;
    (iii) South of 40 deg.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 deg.10' N. lat.--black rockfish, blue rockfish, 
Pacific ocean perch, yellowtail rockfish;
    (iii) South of 40 deg.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 A.(21) and 
Table 1) except chilipepper rockfish south of 40 deg.10' N. lat. (as 
specified in Table 2) from a fishing trip if large-footrope gear is on 
board; this restriction applies coastwide from January 1 to December 
31. It is unlawful to take and retain, possess or land petrale sole, 
rex sole, or arrowtooth flounder from a fishing trip if 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 2) are lower 
for vessels with large-footrope gear on board throughout the year. (See 
Table 2.) It is unlawful for any vessel using large-footrope gear to 
exceed large-footrope gear limits for any species or to use large-
footrope gear to exceed small-footrope gear or midwater trawl gear 
limits for any species. The presence of rollers or bobbins larger than 
8 inches (20 cm) in diameter on board the vessel, even if not attached 
to a trawl, will be considered to mean a large-footrope trawl is on 
board. Dates are adjusted for the ``B'' platoon (See A.(16)).

[[Page 1544]]

    (ii) Small-footrope or midwater trawl gear. Cumulative trip limits 
for canary rockfish, widow rockfish, yellowtail rockfish, bocaccio, 
minor shelf rockfish, minor nearshore rockfish, and lingcod, and higher 
cumulative trip limits for chilipepper rockfish and flatfish, as 
indicated in Table 2, are allowed only if small-footrope gear or 
midwater trawl gear is used, and if that gear meets the specifications 
in paragraphs A.(14).
    (iii) Midwater trawl gear. Higher cumulative trip limits are 
available for limited entry vessels using midwater trawl gear to 
harvest widow or chilipepper rockfish. Each landing that contains widow 
or chilipepper rockfish is attributed to the gear on board with the 
most restrictive trip limit for those species. Landings attributed to 
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 trawl 
during a cumulative trip limit period, all landings are counted toward 
the most restrictive gear-specific cumulative limit.
    (v) More than one type of trawl gear on board. The cumulative trip 
limits in Table 2 must not be exceeded. A fishing vessel may have more 
than one type of limited entry trawl gear on board, but the most 
restrictive trip limit associated with the gear on board applies for 
that trip and will count toward the cumulative trip limit for that 
gear.

    Example: If a vessel has large-footrope gear on board, it cannot 
land yellowtail rockfish, even if the yellowtail rockfish is caught 
with a small-footrope trawl. If a vessel has both small-footrope 
trawl and midwater trawl gear on board, the landing is attributed to 
the most restrictive gear-specific limit, regardless of which gear 
type was used.

    (c) Measurement. The footrope will be measured in a straight line 
from the outside edge to the opposite outside edge at the widest part 
on any individual part, including any individual disk, roller, bobbin, 
or any other device.
    (d) State landing receipts. Washington, Oregon, and California will 
require the type of trawl gear on board with the most restrictive limit 
to be recorded on the State landing receipt(s) for each trip or an 
attachment to the State landing receipt.
    (e) Gear inspection. All trawl gear and trawl gear components, 
including unattached rollers or bobbins, must be readily accessible and 
made available for inspection at the request of an authorized officer. 
No trawl gear may be removed from the vessel prior to offloading. All 
footropes shall be uncovered and clearly visible except when in use for 
fishing.
    (15) Permit transfers. Limited entry permit transfers are to take 
effect no earlier than the first day of a major cumulative limit period 
following the day NMFS receives the transfer form and original permit 
(50 CFR 660.335(e)(3)). Those days in 2002 are January 1, March 1, May 
1, July 1, September 1, and November 1, and are delayed by 15 days 
(starting on the 16th of a month) for the ``B'' platoon.
    (16) Platooning--limited entry trawl vessels. Limited entry trawl 
vessels are automatically in the ``A'' platoon, unless the ``B''platoon 
is indicated on the limited entry permit. If a vessel is in the ``A'' 
platoon, its cumulative trip limit periods begin and end on the 
beginning and end of a calendar month as in the past. If a limited 
entry trawl permit is authorized for the ``B'' platoon, then cumulative 
trip limit periods will begin on the 16th of the month (generally 2 
weeks later than for the ``A'' platoon), unless otherwise specified.
    (a) For a vessel in the ``B'' platoon, cumulative trip limit 
periods begin on the 16th of the month at 001 hours, 1.t., and end at 
2400 hours, 1.t., on the 15th of the month. Therefore, the management 
measures announced herein that are effective on January 1, 2002, for 
the ``A'' platoon will be effective on January 16, 2002, for the ``B'' 
platoon. The effective date of any inseason changes to the cumulative 
trip limits also will be delayed for 2 weeks for the ``B'' platoon, 
unless otherwise specified.
    (b) A vessel authorized to operate in the ``B'' platoon may take 
and retain, but may not land, groundfish from January 1, 2002, through 
January 15, 2002.
    (c) A vessel authorized to operate in the ``B'' platoon will have 
the same cumulative trip limits for the November 16, 2002, through 
December 31, 2002, period as a vessel operating in the ``A'' platoon 
has for the November 1, 2002, through December 31, 2002 period.
    (17) Exempted fisheries. U.S. vessels operating under an exempted 
fishing permit issued under 50 CFR part 600 are also subject to these 
restrictions, unless otherwise provided in the permit.
    (18) Application of requirements. Paragraphs B. and C. pertain to 
the commercial groundfish fishery, but not to Washington coastal tribal 
fisheries, which are described in the section on Washington Coastal 
Tribal Fisheries in this document. The provisions in paragraphs B. and 
C. that are not covered under the headings ``limited entry'' or ``open 
access'' apply to all vessels in the commercial fishery that take and 
retain groundfish, unless otherwise stated. Paragraph D. pertains to 
the recreational fishery.
    (19) Commonly used geographic coordinates.
    (a) Cape Falcon, OR--45 deg.46' N. lat.
    (b) Cape Lookout, OR--45 deg.20'15" N. lat.
    (c) Cape Blanco, OR--42 deg.50' N. lat.
    (d) Cape Mendocino, CA--40 deg.30' N. lat.
    (e) North/South management line--40 deg.10' N. lat.
    (f) Point Arena, CA--38 deg.57'30" N. lat.
    (g) Point Conception, CA--34 deg.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 deg.30' N. lat.
    (ii) Columbia--47 deg.30' N. lat.
    (iii) Eureka--43 deg.00' to 40 deg.30' N. lat.
    (iv) Monterey--40 deg.30' to 36 deg.00' N. lat.
    (v) Conception--36 deg.00' N. lat. to the U.S.-Mexico border.
    (20) Cowcod Conservation Areas (CCAs). Recreational and commercial 
fishing for groundfish is prohibited within the CCAs, except that 
recreational and commercial fishing for rockfish and lingcod is 
permitted in waters inside 20 fathoms (36.9 m). It is unlawful to take 
and retain, possess, or land groundfish inside the CCAs, except for 
rockfish and lingcod taken in waters inside the 20-fathom (36.9 m) 
depth contour, when those waters are open to fishing. Commercial 
fishing vessels may transit through the Western CCA with their gear 
stowed and groundfish on board only in a corridor through the Western 
CCA bounded on the north by the latitude line at 33 deg.00'30" N. lat., 
and bounded on the south by the latitude line at 32 deg.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 deg.50' N. lat., 119 deg.30' W. long.;
    33 deg.50' N. lat., 118 deg.50' W. long.;
    32 deg.20' N. lat., 118 deg.50' W. long.;
    32 deg.20' N. lat., 119 deg.30' W. long.;
    33 deg.00' N. lat., 119 deg.30' W. long.;
    33 deg.00' N. lat., 119 deg.50' W. long.;
    33 deg.30' N. lat., 119 deg.50' W. long.;
    33 deg.30' N. lat., 119 deg.30' W. long.;
    and connecting back to 33 deg.50' N. lat., 119 deg.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 deg.40' N. lat., 118 deg.00' W. long.;
    32 deg.40' N. lat., 117 deg.50' W. long.;
    32 deg.36'42" N. lat., 117 deg.50' W. long.;
    32 deg.30' N. lat., 117 deg.53'30" W. long.;

[[Page 1545]]

    32 deg.30' N. lat., 118 deg.00' W. long.;
    and connecting back to 32 deg.40' N. lat., 118 deg.00' W. long.;
    (21) Rockfish categories. Rockfish (except thornyheads) are divided 
into categories north and south of 40 deg.10' N. lat., depending on the 
depth where they most often are caught: Nearshore, shelf, or slope. 
(Scientific names appear in Table 1.) Trip limits are established for 
``minor rockfish'' species according to these categories (see Tables 1-
4).
    (a) Nearshore rockfish consists entirely of the minor nearshore 
rockfish species listed in Table 1.
    (b) Shelf rockfish consists of canary rockfish, shortbelly 
rockfish, widow rockfish, yelloweye rockfish, yellowtail rockfish, 
bocaccio, chilipepper, cowcod, and the minor shelf rockfish species 
listed in Table 1.
    (c) Slope rockfish consists of Pacific ocean perch, splitnose 
rockfish, darkblotched rockfish, and the minor slope rockfish species 
listed in Table 1.
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B. Limited Entry Fishery

    (1) General. Most species taken in limited entry fisheries will be 
managed with cumulative trip limits (see paragraph A.(1)(d)), size 
limits (see paragraph A.(6)), and seasons (see paragraph A.(7)). The 
trawl fishery has gear requirements and trip limits that differ by the 
type of trawl gear on board (see paragraph A.(14)). Cowcod retention is 
prohibition in all fisheries and groundfish vessels operating south of 
Point Conception must adhere to CCA restrictions (see paragraph 
A.(20)). Yelloweye rockfish retention is prohibited in the limited 
entry fixed gear fisheries. Most of the management measures for the 
limited entry fishery are listed above and in Tables 2 and 3, and may 
be changed during the year by announcement in the Federal Register. 
However, the management regimes for several fisheries (nontrawl 
sablefish, Pacific whiting, and black rockfish) do not neatly fit into 
these tables and are addressed immediately following Tables 2 and 3.

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    (2) Sablefish. The limited entry sablefish allocation is further 
allocated 58 percent to trawl gear and 42 percent to nontrawl gear.
    (a) Trawl trip and size limits. Management measures for the limited 
entry trawl fishery for sablefish are listed in Table 2.
    (b) Nontrawl (fixed gear) trip and size limits. To take, retain, 
possess, or land sablefish during the primary season for the limited 
entry fixed gear sablefish fishery, the owner of a vessel must hold a 
limited entry permit for that vessel, affixed with both a gear 
endorsement for longline or trap (or pot) gear, and a sablefish 
endorsement. (See 50 CFR 663.323(a)(2)(i).) A sablefish endorsement is 
not required to participate in the limited entry daily trip limit 
fishery.
    (i) Primary season. The primary season begins at 12 noon l.t. on 
April 1, 2002, and ends at 12 noon l.t. on October 31, 2002. There are 
no pre-season or post-season closures. During the primary season, each 
vessel with at least one limited entry permit with a sablefish 
endorsement that is registered for use with that vessel may land up to 
the cumulative trip limit for each of the sablefish-endorsed limited 
entry permits registered for use with that vessel, for the tier(s) to 
which the permit(s) are assigned. For 2002, the following limits would 
be in effect: Tier 1, 36,000 lb (16,329 kg); Tier 2, 16,500 lb (7,484 
kg); Tier 3, 9,500 lb (4,309 kg). All limits are in round weight. If a 
vessel is registered for use with a sablefish-endorsed limited entry 
permit, all sablefish taken after April 1, 2002, count against the 
cumulative limits associated with the permit(s) registered for use with 
that vessel. A vessel that is eligible to participate in the primary 
sablefish season may participate in the daily trip limit fishery for 
sablefish once that vessel's primary season sablefish limit(s) have 
been taken or after October 31, 2002, whichever occurs first. No vessel 
may land sablefish against both its primary season cumulative sablefish 
limits and against the daily trip limit fishery limits within the same 
24 hour period of 0001 hour l.t. to 2400 hours l.t.
    (ii) Daily trip limit. Daily and/or weekly sablefish trip limits 
listed in Table 3 apply to any limited entry fixed gear vessels not 
participating in the primary sablefish season described in paragraph 
(i) of this section. North of 36 deg. 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 sablefish-endorsed limited 
entry permit when those vessels are not fishing against their primary 
sablefish season cumulative limits. South of 36 deg. N. lat., the daily 
and/or weekly trip limits for taking and retaining sablefish that are 
listed in Table 3 apply throughout the year to all vessels registered 
for use with a limited entry fixed gear permit.
    (3) Whiting. Additional regulations that apply to the whiting 
fishery are found at 50 CFR 660.306 and at 50 CFR 660.323(a)(3) and 
(a)(4). All allocations described in this section and the section on 
Washington Coastal Tribal Fisheries in this document will not be 
finalized until the Council finalizes the 2002 whiting ABC and OY at 
its March 2002 meeting.
    (a) Allocations. Whiting allocations will be based on the 
percentages detailed in 50 CFR 660.323(a)(4)(i), and will be announced 
inseason when the final OY is announced.
    (b) Seasons. The 2002 primary seasons for the whiting fishery start 
on the same dates as in 2001, as follows (see 50 CFR 660.323(a)(3)):
    (i) Catcher/processor sector--May 15;
    (ii) Mothership sector--May 15;
    (iii) Shore-based sector--June 15 north of 42 deg. N. lat.; April 1 
between 42 deg.-40 deg.30' N. lat.; April 15 south of 40 deg.30' N. 
lat.
    (c) Trip limits. (i) Before and after the regular season. The ``per 
trip'' limit for whiting before and after the regular season for the 
shore-based sector is announced in Table 2, as authorized at 50 CFR 
660.323(a)(3) and (a)(4). This trip limit includes any whiting caught 
shoreward of 100 fathoms (183 m) in the Eureka area.
    (ii) Inside the Eureka 100 fm (183 m) contour. No more than 10,000 
lb (4,536 kg) of whiting may be taken and retained, possessed, or 
landed by a vessel that, at any time during a fishing trip, fished in 
the fishery management area shoreward of the 100 fathom (183 m) contour 
(as shown on NOAA Charts 18580, 18600, and 18620) in the Eureka area.
    (4) Black rockfish. The regulations at 50 CFR 660.323(a)(1) state: 
``The trip limit for black rockfish (Sebastes melanops) for commercial 
fishing vessels using hook-and-line gear between the U.S.-Canada border 
and Cape Alava (48 deg.09'30" N. lat.) and between Destruction Island 
(47 deg.40'00" N. lat.) and Leadbetter Point (46 deg.38'10" N. lat.), 
is 100 lb (45 kg) or 30 percent, by weight of all fish on board, 
whichever is greater, per vessel per fishing trip.'' These ``per trip'' 
limits apply to limited entry and open access fisheries, in conjunction 
with the cumulative trip limits and other management measures listed in 
Tables 3 and 4. The crossover provisions at paragraphs A.(12) do no 
apply to the black rockfish per-trip limits.

C. Trip Limits in the Open Access Fishery

    (1) General. Open access gear is gear used to take and retain 
groundfish from a vessel that does not have a valid permit for the 
Pacific Coast groundfish fishery with an endorsement for the gear used 
to harvest the groundfish. This includes longline, trap, pot, hook-and-
line (fixed or mobile), set net and trammel net (south of 38 deg. 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 deg.57'30" N. lat.), California halibut or sea cucumbers). Unless 
otherwise specified, a vessel operating in the open access fishery is 
subject to, and must not exceed any trip limit, frequency limit, and/or 
size limit for the open access fishery. Groundfish species taken in 
open access fisheries will be managed with cumulative trip limits (see 
paragraph A.(1)(d)), size limits (see paragraph A.(6)), and seasons 
(see paragraph A.(7)). Cowcod retention is prohibited in all fisheries 
and groundfish vessels operating south of Point Conception must adhere 
to CCA restrictions (see paragraph A.(20)). Yelloweye rockfish 
retention is prohibited in all open access fisheries. The trip limits, 
size limits, seasons, and other management measures for open access 
groundfish gear, except exempted trawl gear, are listed in Table 4. The 
trip limit at 50 CFR 660.323(a)(i) for black rockfish caught with hook-
and-line gear also applies. (The black rockfish limit is repeated at 
paragraph B.(4).)
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BILLING CODE 3510-22-C

[[Page 1552]]

    (2) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for spot and ridgeback prawns, California halibut, or sea 
cucumbers.
    (a) Trip limits. The trip limit is 300 lb (136 kg) of groundfish 
per fishing trip. Limits in Table 4 also apply and are counted toward 
the 300 lb (136 kg) groundfish limit. In any landing by a vessel 
engaged in fishing for spot and ridgeback prawns, California halibut, 
or sea cucumbers with exempted trawl gear, the amount of groundfish 
landed may not exceed the amount of the target species landed, except 
that the amount of spiny dogfish (Squalas acanthias) landed may exceed 
the amount of target species landed. Spiny dogfish are limited by the 
300 lb (136 kg) per trip overall groundfish limit. The daily trip 
limits for sablefish coastwide and thornyheads south of Pt. Conception 
and the overall groundfish ``per trip'' limit may not be multiplied by 
the number of days of the fishing trip. The closures listed in Table 4 
also apply, except for the species listed below in subparagraphs (i) 
through (v). The following sublimits also apply and are counted toward 
the overall 300 lb (136 kg) per trip groundfish limit:
    (i) Shelf rockfish (including minor shelf rockfish, widow and 
yellowtail)--
    (A) Between 40 deg.10' N. lat. and 34 deg.27' N. lat: 200 lb (91 
kg) per month.
    (B) South of 34 deg.27' N. lat.: 500 lb (227 kg) per month.
    (ii) Bocaccio south of 40 deg. 10' N. lat.--200 lb (91 kg) per 
month.
    (iii) Chilipepper rockfish--
    (A) Between 40 deg.10' N. lat. and 34 deg.27' N. lat.: 500 lb (227 
kg) per month.
    (B) South of 34 deg.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 deg.27' N. 
lat.)
    (b) All other groundfish species taken with exempted trawl gear by 
vessels engaged in fishing for pink shrimp are managed under the 
overall 500 lb (227 kg) per day and 1,500 lb (680 kg) per trip 
groundfish limits. Landings of these species count toward the per day 
and per trip groundfish limits and do not have species-specific limits.
    (c) In any trip in which pink shrimp trawl gear is used, the amount 
of groundfish landed may not exceed the amount of pink shrimp landed.
    (d) Operating in pink shrimp and other fisheries during the same 
cumulative trip limit period. Notwithstanding section A.(11), a vessel 
that takes and retains pink shrimp and also takes and retains 
groundfish in either the limited entry or another open access fishery 
during the same applicable cumulative limit period that it takes and 
retains pink shrimp (which may be 1 month or 2 months, depending on the 
fishery and the time of year), may retain the larger of the two limits, 
but only if the limit(s) for each gear or fishery are not exceeded when 
operating in that fishery or with that gear. The limits are not 
additive; the vessel may not retain a separate trip limit for each 
fishery.

D. Recreational Fishery

    (1) California. (Note: California law provides that, in times and 
area when the recreational fishery is open, there is a 20-fish bag 
limit for all species of finfish, within which no more than 10 fish of 
any one species may be taken or possessed by any one person.) For each 
person engaged in recreational fishing seaward of California, the 
following seasons and bag limits apply:
    (a) Rockfish--(i) Cowcod Conservation Areas. Recreational fishing 
for groundfish is prohibited within the CCAs, as described above at 
A.(20), except that fishing for rockfish is permitted in waters inside 
the 20-fathom (37 m) depth contour within the CCAs from March 1 through 
October 31, 2002, subject to the bag limits in paragraph (iii) of this 
section.
    (ii) Seasons. North of 40 deg.10' N. lat., recreational fishing for 
rockfish is open from January 1 through December 31. South of 
40 deg.10' N. lat. and north of Point Conception (34 deg.27' N. lat.), 
recreational fishing for rockfish is closed from March 1 through April 
30, and from November 1 through December 31. This area is also closed 
to recreational rockfish fishing from May 1 through June 30 and from 
September 1 through October 31, except that fishing for rockfish is 
permitted inside the 20 fathom (37 m) depth contour, subject to the bag 
limits in paragraph (iii) of this section, except that bocaccio, canary 
rockfish and yelloweye rockfish retention is prohibited. South of Point 
Conception (34 deg.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

[[Page 1553]]

recreational season for rockfish is open, there is a 2-hook limit per 
fishing line, and the bag limit is 10 rockfish per day, of which no 
more than 2 may be bocaccio, no more than 1 may be canary rockfish, and 
no more than 1 may be yelloweye rockfish. No more than 2 yelloweye 
rockfish may be retained per vessel. Cowcod may not be retained. 
Bocaccio, canary rockfish, and yelloweye rockfish may not be retained, 
and no more than 2 shelf rockfish may be retained, in the area between 
40 deg.10' N. lat. and Point Conception (34 deg.27' N. lat.) from May 1 
through June 30, or September 1 through October 31. (Note: California 
scorpionfish are subject to California's 10 fish bag limit per species, 
but are not counted toward the 10 rockfish bag limit.) Multi-day limits 
are authorized by a valid permit issued by California and must not 
exceed the daily limit multiplied by the number of days in the fishing 
trip.
    (iv) Size limits. The following rockfish size limits apply: 
bocaccio may be no smaller than 10 inches (25 cm); and California 
scorpionfish may be no smaller than 10 inches (25 cm).
    (v) Dressing/Fileting. Rockfish skin may not be removed when 
fileting or otherwise dressing rockfish taken in the recreational 
fishery. The following rockfish filet size limits apply: bocaccio 
filets may be no smaller than 5 inches (12.8 cm); California 
scorpionfish filets may be no smaller than 5 inches (12.8 cm); and 
brown-skinned rockfish filets may be no smaller than 6.5 inches (16.6 
cm). ``Brown-skinned'' rockfish include the following species: brown, 
calico, copper, gopher, kelp, olive, speckled, squarespot, and 
yellowtail.
    (b) Roundfish (Lingcod, cabezon, kelp greenling)--(i) Cowcod 
Conservation Areas. Recreational fishing for groundfish is prohibited 
within the CCAs, as described above at A.(20), except that fishing for 
lingcod is permitted in waters inside the 20 fathom (37 m) depth 
contour within the CCAs from March 1 through October 31, 2002, subject 
to the bag limits in paragraph (iii) of this section. Fishing for 
cabezon and kelp greenling is allowed in waters inside the 20 fathom 
(37 m) depth contour within the CCAs year round.
    (ii) Seasons.  South of 40 deg.10' N. lat. and north of Point 
Conception (34 deg.27' N. lat.), recreational fishing for lingcod is 
closed from March 1 through April 30, and from November 1 through 
December 31. This area is also closed to recreational lingcod fishing 
from May 1 through June 30 and from September 1 through October 31, 
except that fishing for lingcod is permitted inside the 20 fathom (37 
m) depth contour, subject to the bag limits in paragraph (iii) of this 
section. South of Point Conception (34 deg.27' N. lat.), recreational 
fishing for lingcod is closed from January 1 through February 28 and 
from November 1 through December 31.
    (iii) Bag limits, boat limits, hook limits. In times and areas when 
the recreational season for lingcod is open, there is a 2-hook limit 
per fishing line, and the bag limit is 2 lingcod per day. Multi-day 
limits are authorized by a valid permit issued by California and must 
not exceed the daily limit multiplied by the number of days in the 
fishing trip.
    (iv) Size limits. The following roundfish size limits apply: 
lingcod may be no smaller than 24 inches (61 cm) total length, cabezon 
may be no smaller than 15 inches (38 cm); and kelp greenling may be no 
smaller than 12 inches (30 cm).
    (v) Dressing/Fileting. Cabezon and kelp greenling taken in the 
recreational fishery may not be filleted at sea. Lingcod filets may be 
no smaller than 15 inches (38.1 cm).
    (2) Oregon. The bag limits for each person engaged in recreational 
fishing seaward of Oregon are 1 lingcod per day, which may be no 
smaller than 24 inches (61 cm) total length; and 10 rockfish per day, 
of which no more than 1 may be canary rockfish and no more than 1 may 
be yelloweye rockfish. During the all-depth recreational fisheries for 
Pacific halibut (Hippoglossus stenolopis), vessels with halibut on 
board may not take, retain, possess or land yelloweye rockfish.
    (3) Washington. For each person engaged in recreational fishing 
seaward of Washington, the following seasons and bag limits apply:
    (a) Rockfish. There is a rockfish bag limit of no more than 10 
rockfish per day, of which no more than 2 may be canary rockfish, or no 
more than 1 may be canary rockfish and 1 may be yelloweye rockfish. 
Taking and retaining yelloweye rockfish is prohibited from a vessel 
with Pacific halibut retained on board.
    (b) Lingcod. Recreational fishing for lingcod is closed between 
January 1 and April 15, and between October 16 and December 21. When 
the recreational season for lingcod is open, there is a bag limit of 2 
lingcod per day, which may be no smaller than 24 inches (61 cm) total 
length.

Washington Coastal Tribal Fisheries

    The basis for and background information on groundfish allocations 
harvest by the four Washington Coastal Tribes (Makah, Quileute, Hoh, 
and Quinault) with treaty rights to groundfish is described in the 
proposed rule to implement the 2002 groundfish specifications and 
management measures in the Proposed Rules section of the January 11, 
2002 issue of the Federal Register.
    The Assistant Administrator (AA) announces the following tribal 
allocations for 2002, including those that are the same as in 2001. 
Trip limits for certain species were recommended by the tribes and the 
Council and are specified here with the tribal allocations.

A. Sablefish

    The tribal allocation is 424 mt, 10 percent of the total catch OY, 
less 3 percent estimated discard mortality.

B. Rockfish

    (1) For the commercial harvest of black rockfish off Washington 
State, a harvest guideline of: 20,000 lb (9,072 kg) north of Cape Alava 
(48 deg.09'30" N. lat.) and 10,000 lb (4,536 kg) between Destruction 
Island (47 deg.40'00" N. lat.) and Leadbetter Point (46 deg.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 two-month 
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.

[[Page 1554]]

Classification

    These final management measures for January 1 through February 28, 
2002 are issued under the authority of, and are in accordance with, the 
Magnuson-Stevens Act and 50 CFR parts 600 and 660 subpart G (the 
regulations implementing the FMP).
    The January-February management measures are intended to protect 
overfished and other depressed stocks and meet the Council's overfished 
stock rebuilding goals while also allowing as much harvest of healthy 
stocks as possible. As previously explained, delay in implementation of 
these regulatory measures could cause harm to some stocks, as fishing 
will continue using 2001 management measures until the implementation 
of these regulations, possibly allowing the overfishing of some stocks. 
Delay in publishing these measures could require unnecessarily 
restrictive measures later in the year to make up for the late 
implementation, leading to higher fish prices and fewer fish available 
for sale to the public as well as further reduced employment of the 
groundfish fleet. Much of the data necessary for these specifications 
and management measures came from the 2001 fisheries year. Because of 
the timing of the receipt, development, review, and analysis of the 
fishery information necessary for setting the initial specifications 
and management measures, and the need to have these management measures 
in effect January 1, 2002 (the beginning of the 2002 fishing year), the 
AA finds, under 5 U.S.C. 553(b)(B), that prior notice and the 
opportunity for public comment are impracticable and contrary to the 
public interest for the January 1 through February 28, 2002, management 
measures.
    Amendment 4 to the FMP, implemented on January 1, 1991, recognized 
that there is a very short time between when fisheries data become 
available and when annual management measures must be in place. The 
amendment set up a system by which the interested public is notified, 
through Federal Register publication and Council mailings, of meetings 
and of the development of these measures and is provided the 
opportunity to comment during the Council process. The public 
participated in Groundfish Management Team, Groundfish Advisory 
Subpanel, Scientific and Statistical Committee, and Council meetings in 
September and November 2001 where these recommendations were 
formulated. Additional public comments on this emergency rule and on 
the proposed 2002 specifications and management measures will be 
accepted for 30 days after publication of these documents in this 
Federal Register.
    As previously described, the interested public has participated in 
the Council process to formulate these regulations. The Council has 
provided information to the industry on the above management measures 
and specifications through the newsletters that it sends to fishery 
participants, and NMFS has provided notice through the U.S. Coast 
Guard's Notice to Mariners, and the States of Washington, Oregon, and 
California also disseminate information. As previously explained, there 
is a need to implement these management measures on January 1, 2002. 
Therefore, the AA finds, under 5 U.S.C. 553(d)(3), good cause not to 
delay the effective date of these management measures.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. However, as previously described, the 
January-February 2002 management measures are based on the overall 
analysis underlying the 2002 specifications and March-December 2002 
management measures, which are proposed in the Proposed Rules section 
of this issue of the Federal Register. The Council's initial regulatory 
flexibility analysis prepared for the 2002 specifications and 
management measures considers the effects of the January and February 
management measures on the fisheries.

    Dated: December 31, 2001.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 01-32261 Filed 12-31-01; 4:46 pm]
BILLING CODE 3510-22-M


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