[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 279-291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31580]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611 and 663
[Docket No. 951227306-5306-01; I.D. 121295C]
Foreign Fishing; Pacific Coast Groundfish Fishery; Annual
Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: 1996 groundfish fishery specifications and management measures;
1996 preliminary fishery specifications for Pacific whiting; receipt of
applications for experimental fishing permits; request for comments.
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SUMMARY: NMFS announces the 1996 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
as authorized by the Pacific Coast Groundfish Fishery Management Plan
(FMP). The specifications include the level of the acceptable
biological catch (ABC) and harvest guidelines including the
distribution between domestic and foreign fishing operations. The
harvest guidelines are allocated between the limited entry and open
access fisheries. The management measures for 1996 are designed to keep
landings within the harvest guidelines, for those species for which
there are harvest guidelines, and to achieve the goals and objectives
of the FMP and its implementing regulations. The intended effect of
these actions is to establish allowable harvest levels of Pacific Coast
groundfish and to implement management measures designed to achieve but
not exceed those harvest levels, while extending fishing and processing
opportunities as long as possible during the year.
DATES: Effective 0001 hours (local time) January 1, 1996, until the
1997 annual specifications and management measures are effective,
unless modified, superseded, or rescinded. The 1997 annual
specifications and management measures will be published in the Federal
Register. Comments will be accepted until February 5, 1996.
ADDRESSES: Comments on these specifications should be sent to Mr.
William Stelle, Jr., Director, Northwest Region, National Marine
Fisheries Service, 7600 Sand Point Way N.E., BIN C15700, Bldg. 1,
Seattle, WA 98115-0070; or Ms. Hilda Diaz-Soltero, Director, Southwest
Region, National Marine Fisheries Service, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213. Information relevant to these
specifications and management measures, including the stock assessment
and fishery evaluation (SAFE) report, has been compiled in aggregate
form and is available for public review during business hours at the
office of the Director, Northwest Region, NMFS (Regional Director), or
may be obtained from the Pacific Fishery Management Council (Council),
by writing the Council at 2130 SW Fifth Avenue, Suite 224, Portland, OR
97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.
SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications
for groundfish be evaluated each calendar year, that harvest guidelines
or quotas be specified for species or species groups in need of
additional protection, and that management measures designed to achieve
the harvest guidelines or quotas be published in the Federal Register
and made effective by January 1, the beginning of the fishing year.
This action announces and makes effective the final 1996 fishery
specifications and the management measures designed to achieve them.
These specifications and measures were considered by the Council at two
meetings and were recommended to NMFS by the Council at its October
1995 meeting.
I. Final Specifications: ABCs and Harvest Guidelines; Apportionments to
Foreign and Joint Venture Fisheries; Open Access and Limited Entry
Allocations
The fishery specifications include ABCs, the designation of harvest
guidelines or quotas for species that need individual management, the
apportionment of the harvest guidelines or quotas between domestic and
foreign fisheries, and allocation between the open access and limited
entry segments of the domestic fishery.
The final 1996 specifications for ABCs, harvest guidelines, and
limited entry and open access allocations are listed in Table 1,
followed by a discussion of each 1996 specification that differs from
1995. The apportionment between foreign and domestic fisheries is
explained separately at the end of this section. As in the past, the
specifications include fish caught in state ocean waters (0-3 nautical
miles (nm) offshore) as well as fish caught in the EEZ (3-200 nm
offshore).
[[Page 280]]
Table 1.--1996 Specifications of Acceptable Biological Catch (ABC), Harvest Guidelines, and Limited Entry and Open Access Allocations, by International North Pacific Fisheries Commission
(INPFC) Subareas
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Acceptable biological catch (ABC) (x 1,000 mt) Allocations (x 1,000 mt)
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Species Harvest guideline (x Limited entry Open access
Vancouver Columbia Eureka Monterey Conception Total ABC 1,000 mt) -------------------------------------------
a 1000 mt Percent 1000 mt Percent
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Roundfish:
Lingcod b............................
(1)1.3 0.3 0.7 0.1 2.4 2.4 1.21 80.9 0.29 19.1
Pacific cod..........................
(1)3.2 (c) (c) (c) 3.2 .......... ....................... ....................... ......... .........
Pacific whiting d....................
(4)Preliminary 123.0 123.0 98.4 ......... ......... .......... .......................
Sablefish e f........................
(3)8.7 0.425 9.1 7.8 6.557 93.4 0.463 6.6
Jack mackerel g......................
(3)52.6 .......... 52.6 52.6 ......... .......... ....................... .......................
Rockfish:
POP h................................ 0.0 0.0 (c) (c) (c) 0.0 0.75 ......... ......... ......... .........
Shortbelly...........................
(4)23.5 23.5 23.5 ......... ......... .......... .......................
Widow i..............................
(4)7.7 7.7 6.5 6.26 96.3 0.24 3.7
Thornyheads:.........................
(3)8.0 .......... 8.0 ......... ......... .......... 0.00 .......................
Shortspine e j...................
(3)1.0 .......... 1.0 1.5 1.496 99.75 0.004 0.25
Longspine e j....................
(3)7.0 .......... 7.0 6.0 ......... .......... ....................... .......................
Sebastes complex: k..................
(1)11.9
(2)13.2 11.9 N 11.2 N 10.12 90.4 1.08 9.6
(1)
(2) 13.2 S 13.2 S 8.76 67.4 4.24 32.6
Bocaccio l....................... (G5c) (c)
(2)1.7 1.7 1.7 1.01 67.4 0.49 32.6
Canary m.........................
(1)1.0 0.25 (c) (c) 1.25 0.85 0.78 91.2 0.07 8.8
Chilipepper...................... (c) (c)
(2)4.0 4.0 ......... ......... ......... .......... .......................
Yellowtail n..................... 1.19 2.9 2.58 (c) (c) 6.74 3.59 N 3.25 90.4 0.35 9.6
7 ......... ......... .......... ....................... 2.58 S 2.33 90.4 0.25 9.6
Remaining rockfish................... 0.8 3.7
(2)7.0 11.5 ......... ......... ......... .......... .......................
Flatfish:
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Dover sole e o....................... 0.82-1.57 3.0 2.9 3.16-4.36 1.0 10.88-12.83 11.05 WOC ......... ......... ......... .........
2.85 Col
English sole.........................
(1)2.0
(2)1.1 3.1 ......... ......... ......... .......... .......................
Petrale sole.........................
(1)1.2 0.5 0.8 0.2 2.7 .......... ....................... ....................... ......... .........
Arrowtooth flounder..................
(4)5.8 5.8 ......... ......... ......... .......... .......................
Other flatfish....................... 0.7 3.0 1.7 1.8 0.5 7.7 ....................... ......... ......... ......... .........
Other fish p............................. 2.5 7.0 1.2 2.0 2.0 14.7 ....................... ......... ......... ......... .........
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a U.S. Vancouver only, except for Pacific whiting.
b The lingcod stock assessment covers the entire Vancouver INPFC area, including Canada, and the Columbia subarea north of Cape Falcon. The U.S. ABC is based on 50 percent of the ABC for this
assessment area plus 400 mt for the Columbia subarea south of Cape Falcon. The coastwide harvest guideline equals the sum of the ABCs and includes a recreational harvest of 900 mt. The
limited entry and open-access percents are applied only to the commercial portion of the harvest guideline, which is 1,500 mt (the 2,400 mt harvest guideline minus 900 mt for estimated
recreational harvest).
c These species are not common nor important in the areas footnoted. Accordingly, for convenience, Pacific cod is included in the ``other fish'' category for the areas footnoted, and rockfish
species are included in the ``remaining rockfish'' category for the areas footnoted only.
d Whiting specifications are preliminary. The ABC is coastwide, including Canadian waters. The U.S. harvest guideline is preliminarily set at 80 percent of the U.S./Canada ABC. The allocation
to Washington coastal treaty tribes will be determined in a separate rulemaking. The 40 percent reserve for shore-based processing will be based on the commercial portion of the harvest
guideline (the U.S. harvest guideline minus the tribal allocation).
e Dover sole, thornyheads, and trawl-caught sablefish are managed together as the ``DTS complex'' (formerly called the deepwater complex). There is no harvest guideline for the DTS complex.
f The 7,800 mt sablefish harvest guideline is the 8,700 mt ABC north of the Conception subarea (north of 36 deg. N. latitude) reduced by 900 mt for estimated discards. The 7,800-mt harvest
guideline is reduced by 780 mt for the treaty tribes before dividing the remaining 7,020 mt between the limited entry (6,557 mt) and open-access (463 mt) fisheries. The limited entry
allocation is further allocated 58 percent (3,803 mt) to the trawl fishery, and 42 percent (2,754 mt) to the nontrawl fishery, both of which are harvest guidelines.
g Only jack mackerel north of 39 deg.00' N. latitude are managed by the FMP. The ABC and harvest guideline include area beyond 200 nm.
h The POP harvest guideline for landed catch applies to the Vancouver/Columbia subareas combined.
i The 6,500 mt harvest guideline for widow rockfish is derived by subtracting 16 percent for estimated discards (1,200 mt) from the ABC (7,700 mt).
j The thornyhead ABCs and harvest guidelines apply north of Point Conception, CA. The harvest guideline represents landed catch. Limited entry and open-access allocations are set for the first
time for shortspine thornyheads because open-access harvest has exceeded traditional levels during the 1984-1988 window period.
k The Sebastes-North harvest guideline (11,200 mt) applies to the Vancouver and Columbia subareas and equals the sum of the ABCs as follows: canary (1,000 mt), yellowtail rockfish (6,740 mt
coastwide minus 300 mt for the Eureka subarea), and remaining rockfish (4,500 mt), minus 720 mt for estimated discards (150 mt for canary rockfish and 570 mt for yellowtail rockfish north of
Cape Lookout). Within the Sebastes-North harvest guideline are two small harvest guidelines for commercial harvest of black rockfish by the Makah, Quileute, Hoh, and Quinault Indian tribes:
20,000 pounds (9,072 kg) for the EEZ north of Cape Alava (48 deg.09'30'' N. latitude) and 10,000 pounds (4,536 kg) between Destruction Island (47 deg.40'00'' N. latitude) and Leadbetter
Point 46 deg.38'10'' N. latitude). The Sebastes-South harvest guideline is the sum of the ABCs for the species in the Eureka/Monterey/Conception subareas: bocaccio (1,700 mt), canary (250
mt), chilipepper (4,000 mt), yellowtail rockfish (300 mt), and remaining rockfish (7,000 mt).
l The bocaccio harvest guideline applies to the Eureka, Monterey, and Conception subareas; as trip-limit induced discards are believed to be minimal, there is no deduction for discards. The
open-access and limited entry allocation percentages for bocaccio are applied only to the commercial portion of the harvest guideline, which is 1,500 mt in 1995 (1,700 mt harvest guideline
minus 200 mt estimated recreational harvest).
m The canary rockfish harvest guideline for the Vancouver/Columbia area is the sum of the ABCs minus 150 mt for estimated discards.
n The 1993 yellowtail rockfish assessment addressed three separate areas: U.S. Vancouver; Columbia north of Cape Falcon; and Columbia south of Cape Falcon plus Eureka. For this table, the
2,970 mt Columbia ABC is for north Columbia only, and the Eureka ABC is for the Eureka subarea plus south Columbia. The total ABC for yellowtail rockfish is divided into two harvest
guidelines: 3,600 mt for the northern area (4,160 mt for Vancouver plus Columbia north of Cape Lookout, close to Cape Falcon minus 570 mt for discards) and 2,580 mt for the southern area
(Eureka plus Columbia area south of Cape Lookout). The harvest guidelines for the Sebastes complex apply to different areas, north and south of the Columbia/Eureka border at 43 deg.00'00''
N. latitude. For calculating the Sebastes complex harvest guidelines, 300 mt of yellowtail rockfish is estimated for the Eureka subarea. Therefore, 300 mt of the yellowtail rockfish southern
harvest guideline is included in the southern Sebastes complex harvest guideline, and the remainder of the yellowtail rockfish southern harvest guideline is included in the northern Sebastes
complex harvest guideline.)
o The 11,050 mt coastwide harvest guideline for Dover sole (the upper end of the ABC range for the Vancouver subarea and the lower end of the ABC for the Monterey subarea (which are the recent
average catches in those two subareas), plus the ABCs for the Columbia, Eureka and Conception subareas, minus 580 mt for estimated discards. The coastwide harvest guideline includes a 2,850
mt harvest guideline for the Columbia subarea (3,000 mt ABC minus 150 mt estimated discards).
p Includes sharks, skates, rays, ratfish, morids, grenadiers, and other groundfish species noted above in footnote c.
[[Page 281]]
Changes to the ABCs and Harvest Guidelines
The ABCs represent the total catch--amounts that are discarded as
well as retained. Information considered in determining the ABCs is
available from the Council and was made available to the public, before
the Council's October 1995 meeting, in the Council's SAFE document (see
ADDRESSES). The 1996 final ABCs are changed from the 1995 ABCs only for
Dover sole, as explained below. The preliminary whiting ABC for 1996
also differs from the 1995 ABC. These changes are based on the best
available scientific information. Changes that result only from
rounding are not explained.
Those species or species groups managed with harvest guidelines in
1995 will continue to be managed with harvest guidelines in 1996. As in
1995, no quotas are established. The 1996 harvest guidelines differ
from those in 1995 for: Pacific ocean perch (POP), the Sebastes complex
in the Vancouver/Columbia subareas (north of 43 deg.00' N. lat.),
yellowtail rockfish north of Cape Lookout (45 deg.20'15'' N. lat.), and
Dover sole coastwide. The preliminary harvest guideline for Pacific
whiting (whiting) in 1996 also differs from the 1995 harvest guideline.
Where information is available, a discard factor is subtracted from the
ABC to determine the harvest guideline. Therefore, except for whiting,
the 1996 harvest guidelines represent only that portion of the catch
that is landed.
The changes to the ABCs and harvest guidelines are described
briefly below. All other ABC and annual harvest guideline
specifications announced for 1995 (Table 1 at 60 FR 2331, January 9,
1995) will apply again in 1996 and are included in Table 1. More
detailed information appears in the Council's SAFE document (September
1995), the ``Final Groundfish Management Team Acceptable Biological
Catch and Harvest Guideline Recommendations for 1996'' (GMT Report
C.1.) from the October 1995 Council meeting, and the Council's
newsletters for its August and October 1995 meetings (see ADDRESSES).
POP
Since 1981, POP has been managed under a schedule intended to
rebuild POP to a level that would annually support removals of 1,000
metric tons (mt). Landings were higher than this as recently as 1993.
To achieve an annual harvest of about 1,000 mt while maintaining a
biologically sound harvest rate, the current biomass would have to
double. This would be a slow process unless there is a fortuitous
sequence of large recruitments. The harvest guideline for POP is meant
to accommodate only small, incidental catches and, therefore, is not a
target to be achieved deliberately. Trip limits for POP will not be
increased to achieve the harvest guideline, and may be reduced if
landings are too high. The harvest guideline for POP is reduced from
1,300 mt in 1995 to 750 mt in 1996, close to the projected landings in
1995.
Yellowtail Rockfish--North
The 1996 harvest guideline for yellowtail rockfish north of Cape
Lookout is reduced by 570 mt, from 4,160 mt in 1995 to 3,590 mt in
1996, to account for trip-limit induced discards in that area. The
harvest guideline in 1996 represents landings rather than total catch.
Before 1996, the harvest guideline represented total catch, and
estimates of discards were added to landings during the season.
Sebastes Complex--North
The harvest guideline for the Sebastes complex in the Vancouver and
Columbia subareas, which consists of the sum of the ABCs of the
different species that make up the complex minus estimated discards, is
reduced by 570 mt, from 11,800 mt in 1995 to 11,200 mt in 1996 (rounded
to the nearest hundred mt). This amount represents the difference after
subtracting the estimate of discards for yellowtail rockfish.
As in 1995, the 1996 ABCs and harvest guidelines for the Sebastes
complex and yellowtail rockfish apply to different areas due to
differences in stock assessment areas. The ABCs and harvest guidelines
for the Sebastes complex apply north and south of 43 deg.00'00'' N.
lat. (the Columbia/Eureka subarea boundary). The yellowtail rockfish
ABCs in the Columbia area are divided at Cape Falcon (45 deg.46'00'' N.
lat.), which is the boundary used in the stock assessment, and the
harvest guidelines are divided at Cape Lookout (45 deg.20'15'' N.
lat.), about 26 nm to the south, for management purposes.
Dover Sole
New stock assessments were conducted for Dover sole in the
Vancouver and Monterey subareas. However, uncertainty in the stock
assessments and the surveys on which they are based prompted the
Council to recommend ranges of ABCs for these two subareas in 1996. In
the Vancouver subarea, the lower end of the ABC range (820 mt) is the
ABC recommended in the recent stock assessment, and the upper end
(1,570 mt) is based on the 1990-94 average landings. In the Monterey
subarea, the lower end of the ABC range (3,160 mt) is based on the
1990-94 average landings and the upper end (4,360 mt) is the level
proposed in the recent stock assessment. The 1996 coastwide ABC is the
sum of the area ABCs, which ranges from 10,880 mt to 12,830 mt.
The 1996 coastwide harvest guideline for Dover sole is based on the
recent average catch in the Vancouver and Monterey subareas (the upper
end of the Vancouver ABC range and the lower end of the Monterey ABC
range), plus the ABCs for the Columbia, Eureka, and Conception
subareas, which are the same as in 1995. The total is then reduced by 5
percent (580 mt) for expected discards. The 1996 coastwide harvest
guideline is 11,050 mt, which is reduced from 13,600 mt in 1995. The
harvest guideline for Dover sole in the Columbia subarea is the same as
in 1995.
Whiting--Preliminary
In order to consider the results of a new stock assessment, the
Council has recommended only the preliminary whiting ABC and harvest
guideline at this time, and will recommend the final ABC and harvest
guideline in March 1996.
In 1994, the ABC for whiting was substantially higher than in
previous years, primarily because it was based on data from the 1992
hydroacoustic survey that utilized new, more sensitive equipment, and
extended farther offshore and farther north to encompass the species'
range. To provide for cautious exploitation until the 1992 survey
results could be confirmed, a conservative harvest rate policy was
adopted in 1994 and 1995 to minimize the risk to the resource if the
ABC were later found to be too high. The most recent stock assessment,
prepared in 1995, supported resumption of the moderate exploitation
rate, and the Council recommended a preliminary 1996 whiting ABC (for
the U.S. and Canada combined) of 123,000 mt, assuming large recruitment
from the 1994 year class. This continues the decline in ABC from
325,000 mt in 1994 and 223,000 mt in 1995, as the strong 1980 and 1984
year classes become less abundant. As in recent years, the preliminary
U.S. harvest guideline is 80 percent of the U.S.-Canada ABC (98,400
mt). An update to the 1995 stock assessment based on the results of the
summer/fall 1995 hydroacoustic survey is expected to be completed early
in 1996. The Council will review the results of the new stock
assessment at its March 1996 meeting and will recommend the final ABC
and harvest
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guideline at that time. The final ABC may be higher or lower than the
preliminary ABC.
The recent overages have not caused a biological problem,
particularly given the large increase in the ABC in 1994 and use of a
conservative exploitation rate in 1994 and 1995. Even though the
preliminary ABC and harvest guideline return to a higher, moderate
exploitation rate, the total harvest in 1996 is expected to be lower
than the overfishing level. Bilateral discussions with Canada are
expected to continue.
The regulations at 50 CFR 663.23(b)(4) set aside 40 percent of the
U.S. harvest guideline in 1994-96 for priority use by vessels
delivering whiting to shoreside processors. The amount available for
this shoreside reserve in 1996 depends on the level of the final U.S.
harvest guideline and the amount set aside for tribal fisheries, which
are not yet determined.
Setting Harvest Guidelines Greater Than ABC
In most cases, harvest guidelines are less than or equal to the
ABCs, or prorated ABCs, for specific areas. However, for 1996 as in
1995, the Council recommended harvest guidelines that exceed the ABCs
for two species, POP and shortspine thornyheads. The FMP requires that
the Council consider certain factors when setting a harvest guideline
above an ABC. These factors were analyzed by the Council's groundfish
management team (GMT) and considered at the Council's October 1995
meeting before the Council recommended the 1996 harvest guidelines.
These factors also were considered when establishing the 20-year
rebuilding schedule for POP in the 1981 FMP, in the most recent stock
assessments for POP (in the September 1995 SAFE document) and
shortspine thornyheads (in the October 1994 SAFE document), and in the
GMT's recommendations for 1996 (GMT Report C.1., October 1995).
Overfishing
The FMP defines ``overfishing'' as a fishing mortality rate that
would, in the long term, reduce the spawning biomass per recruit below
20 percent of what it would have been if the stock had never been
exploited (unless the species is above the level that would produce
maximum sustainable yield (MSY)). The rate is defined in terms of the
percentage of the stock removed per year.
Therefore, high catch rates can cause overfishing at any stock
abundance level. Conversely, overfishing does not necessarily occur for
stocks at low abundance levels if the catch can be kept to a
sufficiently small fraction of that stock level. The target rate of
exploitation for Pacific Coast groundfish typically is the rate that
would reduce spawning biomass per recruit to 35 percent of its unfished
level. This desired rate of fishing will always be less than the
overfishing rate, so there is a buffer between the management target
and the level that could harm the stock's long-term potential
productivity. If the overfishing level is reached, the Guidelines for
Fishery Management Plans at 50 CFR part 602 require the Council to
identify actions to be undertaken to alleviate overfishing.
None of the ABCs for 1996 reaches or exceeds the level of
overfishing. However, for those species whose harvest guidelines exceed
ABC (POP and shortspine thornyheads), the harvest guideline approaches
the overfishing level. In addition, the overfishing level for POP and
shortspine thornyheads was projected to be reached in 1995. Landings of
POP were projected at 857 mt in 1995, very close to the 852 mt
overfishing level for landed catch. Landings of shortspine thornyheads
were projected at about 1,800 mt through November 1995, but total catch
may have exceeded the 1,757 mt overfishing level (for total catch) by
as much as 170 mt (10 percent), depending on assumptions made about the
level of trip-limit induced discards. Further discussion appears in the
GMT Supplemental Report C.1. (October 1995). Overfishing in 1996 will
be avoided by establishment or reduction of harvest guidelines and by
more restrictive management of the fisheries for these species.
Discards
In 1996, the ABCs represent total catch, and the harvest
guidelines, except for whiting, represent only that portion of the
catch that is landed. Stock assessments and inseason catch monitoring
are designed to account for all fishing mortality, including that
resulting from fish discarded at sea. Discards of rockfish and
sablefish in the fishery for whiting are well monitored and are
accounted for inseason as they occur. In the other fisheries, discards
caused by trip limits have not been monitored, so discard factors have
been developed to account for this extra catch. A level previously
measured for widow rockfish (about 16 percent of the total catch) in a
scientific study is assumed to be appropriate for the commercial
fisheries for widow rockfish, yellowtail rockfish (in the northern
area), canary rockfish, and POP. A discard level of 8 percent is used
for the deepwater thornyhead fishery, 5 percent for Dover sole, and 20
percent for sablefish. The discard factors are typically applied by
setting the harvest guideline for landed catch at a level that is equal
to the ABC minus expected discard. More detailed information is found
in the Council's SAFE document.
Foreign and Joint Venture Fisheries
For those species needing individual management that will not be
fully utilized by domestic processors or harvesters, and that can be
caught without severely affecting species that are fully utilized by
domestic processors or harvesters, foreign or joint venture operations
may occur. A joint venture occurs when U.S. vessels deliver their catch
to foreign processing vessels in the EEZ. The harvest guidelines or
quotas for these species may be apportioned to domestic annual harvest
(DAH, which includes domestic annual processing (DAP) and joint venture
processing (JVP)) and to the total allowable level of foreign fishing
(TALFF). In January 1996, no surplus groundfish are available for joint
venture or foreign fishing operations. Consequently, all the harvest
guidelines in 1996 are designated entirely for DAP (which also equals
DAH), and JVP and TALFF are set at zero.
In the unlikely event that fish are reallocated inseason and a
foreign or joint venture fishery should occur, the incidental catch
levels would be as follows: For a whiting fishery, the same as
announced at Table 2, footnote 1 of 58 FR 2990 (January 7, 1993); for a
jack mackerel joint venture, initially the same as those suggested in
section 12.5.2 of the FMP but subject to change during the year.
II. The Limited Entry Program
Amendment 6 to the FMP established a limited entry program that, on
January 1, 1994, divided the commercial groundfish fishery into two
components, the limited entry fishery and the open access fishery, each
of which has its own allocations and management measures. The limited
entry and open access allocations are calculated according to a formula
specified at section II.E. of the appendix to 50 CFR part 663, which
takes into account the relative amounts of a species taken by each
component of the fishery during the 1984-88 limited entry window
period. At its October 1995 meeting, the Council recommended the
species and areas subject to open access and limited entry allocations
in 1996, and the Regional Director calculated the amounts of the
allocations that are
[[Page 283]]
presented in Table 1. Unless otherwise specified, the limited entry and
open access allocations are treated as harvest guidelines in 1996.
Open Access Allocations
The open access fishery is composed of vessels using (1) exempt
gear, or (2) longline or pot (trap) gear used pursuant to the harvest
guidelines, quotas, and other management measures governing the open
access fishery. Exempt gear means all types of legal groundfish fishing
gear except groundfish trawl, longline, and pots. (Exempt gear includes
trawls used to harvest pink shrimp or spot or ridgeback prawns (shrimp
trawls), and, south of Point Arena, CA (38 deg.57'30'' N. lat.),
California halibut or sea cucumbers.)
The open access allocation is derived by applying the open access
allocation percentage to the annual harvest guideline or quota after
subtracting any set-asides for recreational fishing or treaty Indians
(see sections II.E.(b) and (c) of the Appendix to 50 CFR part 663). For
those species in which the open access share would have been less than
1 percent, no open access allocation is specified unless significant
open access effort is anticipated. At the time the calculations were
made, the status of some vessels (whether they would receive a limited
entry permit) was not certain. These amounts are minor and would not
affect the level of trip limits for the limited entry or open access
fisheries.
At its October 1995 meeting, the Council learned that the harvest
of shortspine thornyheads in 1995 had increased from the level of
harvest during the 1984-88 limited entry window period. More than 150
mt of shortspine thornyheads were landed in California alone in 1995,
whereas the coastwide harvest by open access gear during the 1984-88
window period was less than one percent (15 mt) of the harvest
guideline. Consequently, the Council recommended that an open access
allocation for shortspine thornyheads be set in 1996 and that
management measures be implemented to keep landings within that harvest
guideline. The open access allocation percentage for shortspine
thornyheads subsequently was determined to be 0.25 percent of the
harvest guideline, which is 4 mt in 1996.
Limited Entry Allocations
The limited entry fishery means the fishery composed of vessels
using limited entry gear fished pursuant to the harvest guidelines,
quotas, and other management measures governing the limited entry
fishery. Limited entry gear means longline, pot, or groundfish trawl
gear used under the authority of a valid limited entry permit, issued
under 50 CFR part 663, affixed with an endorsement for that gear.
(Groundfish trawl gear excludes shrimp trawls used to harvest pink
shrimp, spot prawns, or ridgeback prawns, and other trawls used to fish
for California halibut or sea cucumbers south of Point Arena, CA.)
The limited entry allocation is the allowable catch (harvest
guideline or quota) reduced by: (1) Set-asides, if any, for treaty
Indian fisheries or recreational fisheries; and (2) the open access
allocation.
Recreational Harvest
Before calculating limited entry and open access allocations,
estimates of recreational fishing currently are subtracted for two
species, 200 mt for bocaccio (which also is reflected in the
allocations for the Sebastes complex in the Eureka, Monterey, and
Conception subareas), and 900 mt for lingcod.
Washington Coastal Tribal Fisheries
The treaty Indian fisheries will be managed by the tribes. The
treaty Indian fisheries for sablefish and whiting are not governed by
the limited entry or open access regulations or allocations.
Sablefish
From 1991 through 1994, the Washington Coastal Treaty Tribes
conducted a tribal sablefish fishery of 300 mt that was recognized in
these annual management measures. In 1994, the U.S. Government formally
recognized the treaty right to fish for groundfish of the four
Washington Coastal Treaty Tribes (the Makah, Hoh, Quileute, and
Quinault) and concluded that, in general terms, the quantification of
the right is 50 percent of the harvestable surplus of groundfish
available in the tribes' usual and accustomed fishing areas (marine
waters under U.S. jurisdiction north of 46 deg.53'18'' N. lat. and east
of 125 deg.44'00'' W. long.). For 1996 as in 1995, the tribes' treaty
right to sablefish is 10 percent of the sablefish harvest guideline, or
780 mt in 1996.
Whiting
The Washington Coastal Treaty Tribes have requested that whiting be
set aside for tribal fishing in 1996. The amount of the tribal
allocation for 1996 has not yet been determined, and will be announced
in a separate rulemaking that will provide a procedure for implementing
tribal treaty rights for groundfish.
Rockfish
The tribes continue to have a small harvest guideline, the same as
in 1995, for black rockfish off Washington State, to which the non-
tribal trip limits do not apply (50 CFR 663.23(b)). For other rockfish,
the open access trip limits will apply for fixed gear. The limited
entry trip limits will apply for trawl-caught rockfish, and this will
be implemented with a separate rule governing tribal groundfish.
III. 1996 Management Measures
Projections of landings in 1995 are based on the information
available to the Council at its October 1995 meeting (GMT Supplemental
Report C.3.a., October 1995).
A. Limited Entry Fishery
The following management measures apply to vessels operating in the
limited entry fishery after January 1, 1996, and are designed to keep
landings within the harvest guidelines or limited entry allocations.
Cumulative trip limits continue to be used for most of the limited
entry fishery, which allows fishers to accumulate fish over a period of
time without limit on the number of landings. However, in response to
the industry's concerns about discards and the difficulty of accurately
weighing small amounts of fish at sea to assure compliance with trip
limits, 2-month rather than 1-month cumulative limits will be used for
the limited entry fishery in 1996. However, no more than 60 percent of
the 2-month limit may be taken in either calendar month, resulting in a
variable monthly trip limit within the 2-month limit. This enables the
limited entry fleet to maintain its current monthly fishing pattern,
target on 50 percent of the 2-month cumulative limit in a month, and
have the protection of a buffer equivalent to 10 percent of the 2-month
cumulative limit to account for inaccuracies in weighing fish at sea or
for small amounts caught above the target level. The 2-month periods
are: January-February, March-April, May-June, July-August, September-
October, November-December.
Widow rockfish
In 1995, the cumulative trip limit for widow rockfish continued at
30,000 lb (13,608 kg) per month until July 14, when it was increased to
45,000 lb (20,412 kg) per month. Landings are projected to exceed the
6,500-mt harvest guideline by about 1 percent in 1995. In 1996, a 2-
month cumulative limit of 70,000 lb (31,752 kg) will be implemented,
which is intended to
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reduce the need for abrupt adjustment during the year.
The Sebastes complex (including yellowtail rockfish, canary
rockfish, and bocaccio). In 1995, three different cumulative monthly
trip limits were set for the Sebastes complex, which continued
throughout the year: 35,000 lb (15,876 kg) north of Cape Lookout,
50,000 lb (22,680 kg) between Cape Lookout and Cape Mendocino, and
100,000 lb (45,359 kg) south of Cape Mendocino. The monthly cumulative
trip limit for yellowtail rockfish was 18,000 lb (8,165 kg) north of
Cape Lookout and 30,000 lb (13,608 kg) between Cape Lookout and Cape
Mendocino until May 1, when it was increased to 18,000 lb (8,165 kg)
north of Cape Lookout and 40,000 lb (18,144 kg) between Cape Lookout
and Cape Mendocino. The cumulative monthly trip limit for canary
rockfish was 6,000 lb (2,722 kg) coastwide until August 1, when it was
increased to 9,000 lb (4,082 kg). By the end of 1995, landings are
projected as follows: Sebastes complex in the Vancouver/Columbia
subarea--6,825 mt (30 percent below the harvest guideline); yellowtail
rockfish north of Cape Lookout--3,416 mt (5 percent over the harvest
guideline); yellowtail rockfish south of Cape Lookout--1,489 mt (27
percent below the harvest guideline); canary rockfish--627 mt (26
percent below the harvest guideline); and bocaccio--741 mt (39 percent
below the harvest guideline).
In January 1996, the 2-month cumulative trip limits for the
Sebastes complex will be: 70,000 lb (31,752 kg) north of Cape Lookout,
100,000 lb (45,359 kg) between Cape Lookout and Cape Mendocino, and
200,000 lb (90,719 kg) south of Cape Mendocino. Two-month cumulative
limits also apply to yellowtail rockfish, canary rockfish and bocaccio,
which also count toward the limits for the Sebastes complex. These 2-
month cumulative limits are: Yellowtail rockfish--32,000 lb (14,515 kg)
north of Cape Lookout or 70,000 lb (31,752 kg) between Cape Lookout and
Cape Mendocino; canary rockfish--18,000 lb (8,165 kg); bocaccio south
of Cape Mendocino--60,000 lb (27,216 kg).
The declaration procedures implemented by the States of Washington
and Oregon for vessels operating north and south of Cape Lookout remain
in effect for the Sebastes complex and yellowtail rockfish. The
declarations enable a vessel to operate both north and south of Cape
Lookout during the trip limit period, and to take and retain the more
liberal, southern limits of the Sebastes complex and yellowtail
rockfish, but only if the appropriate state is notified, as required by
state law. In 1996, the trip limit period is changed to 2 months for
most limited entry fisheries, and remains at 1 month for most open
access fisheries.
POP
In 1995, the cumulative trip limit for POP of 6,000 lb (2,722 kg)
per month continued throughout the year. Landings were projected to be
785 mt at the end of 1995, 36 percent below the harvest guideline. The
1996 harvest guideline was reduced close to the level of 1995 landings,
and the cumulative trip limit is changed to 10,000 lb (4,536 kg) per 2-
month period. POP is managed to achieve a rebuilding schedule, so trip
limits will not be increased to achieve the harvest guideline.
Sablefish
The sablefish harvest guideline is subdivided among several
fisheries. The tribal fishery allocation is set aside prior to dividing
the balance of the harvest guideline between the commercial limited
entry and open access fisheries. These three fisheries are managed
differently. The limited entry allocation is further subdivided into
trawl (58 percent) and nontrawl (42 percent) allocations. Trawl-caught
sablefish are managed together with Dover sole and thornyheads as the
DTS complex because they often are caught together. Landings of
sablefish are expected to be close to the 7,800 mt harvest guideline in
1995.
DTS complex (Dover sole, thornyheads, and trawl-caught sablefish).
In 1995, the two cumulative monthly trip limits for the DTS complex
remained in effect until December 1: 35,000 lb (15,876 kg) north of
Cape Mendocino and 50,000 lb (22,680 kg) south of Cape Mendocino. This
differential trip limit was intended to provide additional protection
for shortspine thornyheads, the most valuable and least abundant
species in the DTS complex, while encouraging the harvest of Dover sole
in more southern areas. In 1996, the trip limit will be doubled to
accommodate the 2-month periods: 70,000 lb (31,752 kg) north of Cape
Mendocino, and 100,000 lb (45,359 kg) south of Cape Mendocino.
Further protection for shortspine thornyheads was provided by
managing the two thornyhead species separately in 1995. On January 1, a
cumulative trip limit was set for shortspine and longspine thornyheads
combined of 20,000 lb (9,072 kg) per month, containing no more than
4,000 lb (1,814 kg) of shortspine thornyheads. On April 1, the monthly
cumulative limit was reduced to 15,000 lb (6,804 kg) of thornyheads,
containing no more than 3,000 lb (1,361 kg) of shortspine thornyheads.
On September 1, the cumulative monthly limit was reduced further to
8,000 lb (3,629 kg) of thornyheads, of which no more than 1,500 lb (680
kg) could be shortspines. Even so, landings of shortspine thornyheads
reached the harvest guideline on September 20, and are projected to
exceed the overfishing level by as much as 170 mt, even with the
fishery closure in December. Landings of longspine thornyheads are
projected to be about 5,800 mt in 1995, 200 mt below its harvest
guideline. Landings of both thornyhead species were prohibited on
December 1, since the two species often are caught together. In January
1996, the trip limits for thornyheads are half the amount of limits in
effect at the beginning of 1995: 20,000 lb (9,072 kg) of thornyheads in
a 2-month period, of which no more than 4,000 lb (1,814 kg) may be
shortspine thornyheads.
The monthly cumulative trip limit for trawl-caught sablefish
remained at 6,000 lb (2,722 kg) cumulative per month from July 1994
until it was raised to 7,000 lb (3,175 kg) on May 1, 1995. The ``per
trip'' limit for sablefish smaller than 22 inches (56 cm) remained at
500 lb (227 kg). Landings of trawl-caught sablefish were projected to
exceed the limited entry trawl allocation by the end of 1995.
Therefore, to keep landings within the trawl allocation, and because
shortspine thornyheads often are caught with sablefish, the trawl
fishery for sablefish also was closed on December 1. In 1995, landings
are projected to be very close to the limited entry trawl allocation of
3,803 mt. In 1996, the cumulative trip limit is doubled to 12,000 lb
(5,443 kg) to accommodate the new, 2-month cumulative trip limit
period. The 500-lb (227-kg) per-trip limit for sablefish smaller than
22 inches (56 cm) remains in effect.
Dover sole were managed somewhat indirectly in 1995, as in previous
years. Until December 1, the amount of the DTS limit that was not
comprised of thornyheads or trawl-caught sablefish could be Dover sole.
A ``per trip'' limit of 3,000 lb (1,361 kg) was implemented on December
1, concurrent with the closure of the limited entry and open access
fisheries for thornyheads and trawl-caught sablefish, to accommodate
bycatch in the petrale sole fishery. Landings of Dover sole are
expected to be far below its harvest guidelines in 1995 (projected at
42 percent below the coastwide harvest guideline and 30 percent below
the Columbia subarea harvest guideline, even before the
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reduction to 3,000 lb (1,361 kg) cumulative in December 1995). These
``underages'' were not addressed by increasing the trip limits in 1995
because of the close association of Dover sole, sablefish, and
thornyheads, and new information supporting more cautious management of
Dover sole. In 1996, Dover sole will be managed the same as in 1995;
the trip limit will be the amount of the DTS limit remaining after
subtracting landings of sablefish and thornyheads.
Nontrawl sablefish
Small daily trip limits were applied to the nontrawl fishery again
in 1995 before and after the August 6-13, 1995, ``regular'' and
September 1-31, 1995, ``mop-up'' seasons. A 300-lb (136-kg) daily trip
limit was applied only north of the Conception subarea (36 deg.00'00''
N. lat.), the same area covered by the harvest guideline. In the
Conception area, where there is no harvest guideline and landings had
been below the 425-mt ABC, the daily trip limit was 350 lb (159 kg) to
accommodate most landings without encouraging excessive effort shifts
into that area. The trip limit for sablefish smaller than 22 inches (56
cm) of 1,500 lb (680 kg) or 3 percent of all legal sablefish on board,
whichever is greater, remained in effect during the regular and mop-up
seasons. In 1995, the regular (derby) season was preceded by a 72-hour
closure for all limited entry and open access fixed gear used to take
and retain groundfish, with one exception. Pot gear could be set 24
hours before the regular season because this gear takes longer to
deploy. Landings in 1995 are expected to be just below the limited
entry nontrawl allocation for sablefish of 2,754 mt.
In 1996, the same daily trip limits for the limited entry fishery
will apply outside the regular and mop-up seasons and any closure. The
``per trip'' limit for nontrawl sablefish smaller than 22 inches (56
cm) will remain in effect during the regular and mop-up fisheries, but,
for ease of calculation, the percentage is modified to apply only to
legal sablefish 22 inches (56 cm) or larger (total length). The Council
recommended that the date of the regular season be changed to September
1 in 1996. This change has not yet been approved by NMFS. The Council
also is considering different management strategies for 1997 and
beyond, but has not yet submitted a recommendation to NMFS.
Whiting
Approximately 176,600 mt of whiting was harvested in 1995, 74,000
mt by the shore-based fleet and 102,600 mt by the at-sea processing
sector (which includes deliveries to motherships). The 10,000-lb
(4,536-kg) trip limit for whiting taken before and after the regular
whiting season and inside the 100-fathom (183-m) contour in the Eureka
subarea (40 deg.30'00''-43 deg.00'00'' N. lat.) continues in effect in
1996. Additional regulations, including the allocation of whiting to
vessels that deliver shoreside and those that deliver at-sea, are found
at 50 CFR 663.23(b) (3) and (4). The Council has recommended that the
start of the regular season north of 42 deg. N. lat. be changed from
April 15 to May 15, but this recommendation has not yet been approved
by NMFS.
Lingcod
Throughout 1995, lingcod was managed under a monthly cumulative
trip limit of 20,000 lb (9,072 kg). Lingcod smaller than 22 inches (56
cm) could not be landed in the commercial or recreational fisheries
until August 1, 1995, when a 100-lb (45-kg) per trip exception was made
for trawl-caught lingcod. Landings of lingcod are projected at 1,431 mt
in 1995, 3 percent below the harvest guideline. To maintain similar
landing rates in 1996, the cumulative limit is doubled to 40,000 lb
(18,144 kg) per 2-month period.
Black Rockfish
Black rockfish off the State of Washington continue to be managed
under the regulations at 50 CFR 663.23(b). The State of Oregon
implements trip limits for black rockfish off the Oregon coast. The
Council has considered trip limits off Oregon but has not yet submitted
its recommendation to NMFS for review.
B. Open Access Fishery
The trip limits for the open access fishery are designed to keep
landings within the open access allocation, while allowing the
fisheries to operate for as long as possible during the year. The
overall open access limits for rockfish, sablefish and ``all
groundfish'' in 1996 are the same as in 1995 with several exceptions,
explained below.
(1) As in 1995, any more restrictive limits imposed on limited
entry vessels also apply to open access vessels. However, in 1996, a
vessel operating in the open access fishery may not, in any calendar
month, exceed 50 percent of any 2-month cumulative trip limit in the
limited entry fishery. This is intended to maintain a relatively
consistent pattern of landings and to discourage new entry into the
open access fishery.
(2) A daily trip limit is added for thornyheads to keep landings
within the new open access allocation (4 mt in 1996). Landings of
shortspine thornyheads by open access vessels are estimated at over 150
mt in 1995, much higher than landings during the 1984-88 window period.
The best available information at the October 1995 Council meeting
indicated that a trip limit of 50 lb (23 kg) per day would accommodate
most open access trips, but still may be too liberal to keep landings
within the open access allocation in 1996. After the Council made its
recommendation, some members of the industry stated that 50 lb (23 kg)
per day was too low to sustain current fisheries south of Point
Conception CA (34 deg.27' N. lat.). Historical landings by open access
vessels were less than 1 percent coastwide during the window period, so
they were even smaller south of Pt. Conception, suggesting this is new
effort in the area which the FMP seeks to discourage. Nonetheless, the
Council may reconsider this issue in the future.
(3) The open access trip limits in 1995 applied to all shrimp and
prawn gear. In 1996, they will apply only to shrimp/prawn trawl gear
because the open access trip limits for pots already accommodate shrimp
gear that conforms with the Federal requirements for groundfish pots:
To have biodegradable escape panels constructed with #21 or smaller
untreated cotton twine in such a manner that an opening at least 8
inches (20.5 cm) in diameter results when the twine deteriorates (50
CFR 663.22(e)).
C. Operating in Both Limited Entry and Open Access Fisheries
Vessels using open access gear are subject to the management
measures for the open access fishery, whether or not the vessel has a
valid limited entry permit endorsed for any other gear. In addition, a
vessel operating in the open access fishery must not exceed any trip
limit, frequency limit, and/or size limit for the same gear and/or
subarea in the limited entry fishery (as announced in this Federal
Register document in paragraphs titled ``limited entry''). A vessel
that operates in both the open access and limited entry fisheries is
not entitled to two separate trip limits for the same species. Fish
caught with open access gear will also be counted toward the limited
entry trip limit. For example: In one month, a trawl vessel catches
6,000 lb (2,722 kg) of sablefish in the limited entry fishery, and in
the same month catches 1,500 lb (680 kg) of sablefish with shrimp trawl
(open access) gear, for a total of 7,500 lb (3,402 kg) of sablefish.
Because the open access landings are counted toward the limited entry
limit, the vessel would have
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exceeded its limited entry, cumulative limit of 7,200 lb (3,266 kg) (60
percent of the 12,000-lb (5,443-kg) 2-month cumulative limit for the
limited entry fishery).
D. Operating in Areas with Different Trip Limits
Trip limits may differ for a species or species complex at
different locations on the coast. Unless otherwise stated (as for
yellowtail rockfish, black rockfish, and the Sebastes complex), the
same cross-over provisions utilized in 1995 will apply.
E. Changes to Trip Limits; Closures
Unless otherwise stated, a vessel must have initiated offloading
its catch before the fishery is closed or before a more restrictive
trip limit becomes effective. As in the past, all fish on board the
vessel when offloading begins are counted toward the landing limits
(See 50 CFR 663.2, the definition of ``landing'').
F. Designated Species B Permits
Designated species B permits may be issued if the limited entry
fleet will not fully utilize the harvest guideline for Pacific whiting,
shortbelly rockfish, or jack mackerel. However, the limited entry fleet
has requested the full use of these species in 1996, so issuance of
designated species B permits is not expected. If designated species B
permits for jack mackerel are issued, the bycatch limits announced in
the 1995 annual management measures (60 FR 2331, January 9, 1995) may
be used or modified.
G. Recreational Fishing
Bag limits in the 1996 recreational fishery remain the same as in
1995.
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
1996, including those that are the same as in 1995.
A. General Definitions and Provisions
The following definitions and provisions apply to the 1996
management measures, unless otherwise specified in a subsequent notice:
(1) Trip limits. Trip limits are used in the commercial fishery to
specify the amount of fish that 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 explained below.
(a) A trip limit is the total allowable amount of a groundfish
species or species complex, by weight, or by percentage of fish on
board, that may be taken and retained, possessed, or landed per vessel
from a single fishing trip.
(b) A daily trip limit is the maximum amount that may be taken and
retained, possessed, or landed per vessel in 24 consecutive hours,
starting at 0001 hours local time. Only one landing of groundfish may
be made in that 24-hour period. Daily trip limits may not be
accumulated during multiple day trips.
(c) A cumulative trip limit is the maximum amount that may be taken
and retained, possessed, or landed per vessel in a specified period of
time, without a limit on the number of landings or trips.
(i) Limited entry fishery. Unless otherwise specified, cumulative
trip limits in the limited entry fishery apply to 2-month periods. No
more than 60 percent of the applicable 2-month cumulative limit may be
taken and retained, possessed or landed in either month of a 2-month
period; this is called the ``60-percent monthly limit.'' The 2-month
periods are: January-February, March-April, May-June, July-August,
September-October, November-December.
(ii) Open access fishery. Unless otherwise specified, cumulative
trip limits apply to 1-month periods in the open access fishery. Within
these limits, in any calendar month, no more than 50 percent of the
applicable 2-month cumulative limit for the limited entry fishery may
be taken and retained, possessed, or landed from a vessel in the open
access fishery; this is called the ``50-percent monthly limit.''
(2) Unless the fishery is closed, a vessel that has landed its
cumulative or daily limit may continue to fish on the limit for the
next legal period, so long as no fish (including but not limited to
groundfish with no trip limits, shrimp, prawns, or other nongroundfish
species or shellfish) are landed (offloaded) until the next legal
period. As stated in the regulations at 50 CFR 663.2, once offloading
of any species begins, all fish aboard the vessel are counted as part
of the landing.
(3) All weights are round weights or round-weight equivalents.
(4) Percentages are based on round weights, and, unless otherwise
specified, apply only to legal fish on board.
(5) ``Legal fish'' means fish legally taken and retained,
possessed, or landed in accordance with the provisions of 50 CFR part
663, the Magnuson Fishery Conservation and Management Act (Magnuson
Act), any notice issued under subpart B of part 663, and any other
regulation promulgated or permit issued under the Magnuson Act.
(6) Size limits and length measurement. Unless otherwise specified,
size limits in the commercial and recreational groundfish fisheries
apply to 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.
(a) For a whole fish, total length will be measured from the tip of
the snout (mouth closed) to the tip of the tail in a natural, relaxed
position.
(b) For a fish with the head removed (``headed''), the length will
be 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.
(7) ``Closure,'' when referring to closure of a fishery, means that
taking and retaining, possessing, or landing the particular species or
species group is prohibited. (See the regulations at 50 CFR 663.2.)
Unless otherwise announced in the Federal Register, offloading must
begin before the time the fishery closes.
(8) The fishery management area for these species is the EEZ off
the coasts of Washington, Oregon, and California between 3 and 200 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 fishery management area, unless otherwise
demonstrated by the person in possession of those fish.
(9) Inseason changes to trip limits are announced in the Federal
Register. Most trip and bag limits in the groundfish fishery have been
designated ``routine,'' which means they may be changed rapidly after a
single Council meeting. Information concerning changes to trip limits
is available from the NMFS Northwest and Southwest Regional Offices
(see ADDRESSES). Changes to trip limits are effective at the times
stated in the Federal Register. Once a change is effective, it is
illegal to take and retain, possess, or land more fish than allowed
under the new trip limit. This means, unless otherwise
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announced in the Federal Register, offloading must begin before the
time a fishery closes or a more restrictive trip limit takes effect.
(10) It is unlawful for any person to take and retain, possess, or
land groundfish in excess of the landing limit for the open access
fishery without having a valid limited entry permit for the vessel
affixed with a gear endorsement for the gear used to catch the fish (50
CFR 663.7(t)).
(11) Operating in both limited entry and open access fisheries. The
open access trip limit applies to any fishing conducted with open
access gear, even if the vessel has a valid limited entry permit with
an endorsement for another type of gear. A vessel that operates in both
the open access and limited entry fisheries is not entitled to two
separate trip limits for the same species. Fish caught with open access
gear will also be counted toward the limited entry trip limit.
(12) Operating in areas with different trip limits. Trip limits for
a species or species complex may differ in different geographic areas
along the coast. The following ``crossover'' provisions apply to
vessels operating in different geographical areas that have different
cumulative or ``per trip'' trip limits for the same species or species
complex. They do not apply to species that are only subject to daily
trip limits, or to the trip limits for black rockfish off the State of
Washington (see 50 CFR 663.23(b)). They also do not apply to the trip
limits for yellowtail rockfish and the Sebastes complex when the vessel
is in compliance with paragraph IV.C.(2)(c) below.
If a vessel fishes, for any species, in an area where a more
restrictive trip limit applies, then that vessel is subject to the more
restrictive trip limit for the entire period to which that trip limit
applies, no matter where the fish are taken and retained, possessed, or
landed. Similarly, if a vessel takes and retains a species (or species
complex) in an area where a higher trip limit (or no trip limit)
applies, and possesses or lands that species (or species complex) in an
area where a more restrictive trip limit applies, then that vessel is
subject to the more restrictive trip limit for that trip limit period.
In 1996, the trip limit period for cumulative trip limits is 2
months for the limited entry fishery and 1 month for the open access
fishery, unless otherwise specified.
(13) Sorting. Regulations at 50 CFR 663.7(l) make it unlawful for
any person to ``fail to sort, prior to the first weighing after
offloading, those groundfish species or species groups for which there
is a trip limit, if the weight of the total delivery exceeds 3,000 lb
(1,361 kg) (round weight or round weight equivalent).'' This provision
applies to both the limited entry and open access fisheries.
[Note: The Council has recommended that this regulation be
changed to require all species or species groups with a trip limit,
harvest guideline, or quota to be sorted. There would be no
exception for landings under 3,000 lb (1,361 kg). The States of
Washington and Oregon already have the same or similar requirements.
If approved, the regulation is expected to be implemented in 1996,
after publication in the Federal Register.]
(14) Experimental fisheries. U.S. vessels operating under an
experimental fishing permit issued under 50 CFR 663.10 also are subject
to these restrictions, unless otherwise provided in the permit.
(15) Paragraphs IV.B. through IV.I. below pertain to the commercial
groundfish fishery. The provisions in paragraphs IV.B. through IV.I.
that are not covered under the headings ``limited entry'' or ``open
access'' apply to all vessels in the commercial fishery that take and
retain groundfish, unless otherwise stated. Paragraph IV.J. pertains to
the recreational fishery.
(16) Commonly used geographical coordinates.
(a) Cape Falcon, OR--45 deg.46' N. lat.
(b) Cape Lookout, OR--45 deg.20'15'' N. lat.
(c) Cape Mendocino, CA--40 deg.30' N. lat.
(d) Point Conception, CA--34 deg.27' N. lat.
(e) International North Pacific Fisheries Commission (INPFC)
subareas (for more precise coordinates for the Canadian and Mexican
boundaries, see 50 CFR 663.5):
(i) Vancouver--U.S.- Canada border to 47 deg.30' N. lat.
(ii) Columbia--47 deg.30' to 43 deg.00' 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.
B. Widow Rockfish (Widow rockfish are commonly called brownies)
(1) Limited entry fishery. The cumulative trip limit for widow
rockfish is 70,000 lb (31,752 kg) per vessel per 2-month period. The
60-percent monthly limit is 42,000 lb (19,051 kg).
(2) Open access fishery. Within the limits at paragraph IV.I.
below, the 50-percent monthly limit for widow rockfish is 35,000 lb
(15,876 kg).
C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary
Rockfish)
(1) General. Sebastes complex means all rockfish managed by the FMP
except Pacific ocean perch (Sebastes alutus), widow rockfish (S.
entomelas), shortbelly rockfish (S. jordani), and Sebastolobus spp.
(also called thornyheads, idiots, or channel rockfish). Yellowtail
rockfish (S. flavidus) are commonly called greenies. Bocaccio (S.
paucispinis) are commonly called rock salmon. Canary rockfish (S.
pinniger) are commonly called orange rockfish.
(2) Limited entry fishery
(a) Cumulative trip limits
(i) North of Cape Lookout. The cumulative trip limit for the
Sebastes complex taken and retained north of Cape Lookout is 70,000 lb
(31,752 kg) per vessel per 2-month period. Within this cumulative trip
limit for the Sebastes complex, no more than 32,000 lb (14,515 kg) may
be yellowtail rockfish taken and retained north of Cape Lookout, and no
more than 18,000 lb (8,165 kg) may be canary rockfish.
(ii) Cape Lookout to Cape Mendocino. The cumulative trip limit for
the Sebastes complex taken and retained between Cape Lookout and Cape
Mendocino is 100,000 lb (45,359 kg) per vessel per 2-month period.
Within this cumulative trip limit for the Sebastes complex, no more
than 70,000 lb (31,752 kg) may be yellowtail rockfish taken and
retained between Cape Lookout and Cape Mendocino, and no more than
18,000 lb (8,165 kg) may be canary rockfish.
(iii) South of Cape Mendocino. The cumulative trip limit for the
Sebastes complex taken and retained south of Cape Mendocino is 200,000
lb (90,719 kg) per vessel per 2-month period. Within this cumulative
trip limit for the Sebastes complex, no more than 60,000 lb (27,216 kg)
may be bocaccio taken and retained south of Cape Mendocino, and no more
than 18,000 lb (8,165 kg) may be canary rockfish.
(iv) The 60-percent monthly limits are: For the Sebastes complex,
42,000 lb (19,051 kg) north of Cape Lookout, 60,000 lb (27,216 kg)
between Cape Lookout and Cape Mendocino, and 120,000 lb (54,431 kg)
south of Cape Mendocino; for yellowtail rockfish, 19,200 lb (8,709 kg)
north of Cape Lookout, and 42,000 lb (19,051 kg) between Cape Lookout
and Cape Mendocino; for bocaccio, 36,000 lb (16,329 kg) south of Cape
Mendocino; and, for canary rockfish, 10,800 lb (4,899 kg) coastwide.
[[Page 288]]
(b) For operating in areas with different trip limits for the same
species, see paragraph IV.A.(12) above.
(c) State declarations. The provisions of paragraph IV.A.(12) do
not apply to vessels fishing in conformance with this paragraph. The
States of Oregon and Washington are implementing declaration procedures
that enable a vessel that fishes or transits both north and south of
Cape Lookout during a trip limit period (2 months for the limited entry
fishery, 1 month for the open access fishery) to retain the larger
cumulative limit for the Sebastes complex and yellowtail rockfish taken
and retained south of Cape Lookout. Declarations must be made,
according to state law, to the state where the fish will be landed. To
make a declaration or for further information, contact: Washington
Department of Fish and Wildlife, Montesano, WA, at 206-249-4628; or
Oregon Department of Fish and Wildlife, Newport, OR, at 503-867-4741 or
503-867-0300.
(3) Open access fishery.
(a) The state declaration procedures are available to all vessels,
whether in the limited entry or open access fishery.
(b) Within the limits at paragraph IV.I. below, the 50-percent
monthly limits are: For the Sebastes complex, 35,000 lb (15,876 kg)
north of Cape Lookout, 50,000 lb (22,680 kg) between Cape Lookout and
Cape Mendocino, and 100,000 lb (45,359 kg) south of Cape Mendocino; for
yellowtail rockfish, 16,000 lb (7,258 kg) north of Cape Lookout, and
35,000 lb (15,876 kg) between Cape Lookout and Cape Mendocino; for
bocaccio, 30,000 lb (13,608 kg) south of Cape Mendocino; and, for
canary rockfish, 9,000 lb (4,082 kg) coastwide.
D. POP
(1) Limited entry fishery. The cumulative trip limit for POP is
10,000 lb (4,536 kg) per vessel per 2-month period. The 60-percent
monthly limit is 6,000 lb (2,722 kg).
(2) Open access fishery. Within the limits at paragraph IV.I.
below, the 50-percent monthly limit for POP is 5,000 lb (2,268 kg).
E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and Trawl-
Caught Sablefish)
(1) 1996 Management goal. The sablefish fishery will be managed to
achieve the 7,800-mt harvest guideline in 1996.
(2) Washington coastal tribal fisheries. The U.S. Government
recognizes that the Makah, Hoh, Quileute, and Quinault tribes have
treaty rights to fish for groundfish. Each tribe has such right in its
usual and accustomed fishing grounds. The tribal treaty allocation for
sablefish for 1996 is 780 mt. The tribes will regulate their fisheries
so as not to exceed this allocation.
(3) Limited entry fishery
(a) Gear allocations. After subtracting the tribal-imposed catch
limit and the open access allocation from the harvest guideline for
sablefish, the remainder is allocated 58 percent to the trawl fishery
and 42 percent to the nontrawl fishery.
[Note: The 1996 harvest guideline for sablefish north of 36 deg.
N. lat. is 7,800 mt. The 780-mt tribal allocation is subtracted, and
the limited entry and open access allocations are based on the
remaining 7,020 mt. The limited entry allocation of 6,557 mt for
1996 is allocated 3,803 mt (58 percent) to the trawl fishery and
2,754 mt (42 percent) to the nontrawl fishery. The trawl and
nontrawl gear allocations are harvest guidelines in 1996, which
means the fishery will be managed not to exceed the harvest
guidelines, but will not necessarily be closed if they are reached.]
(b) Limited entry trip and size limits for the DTS complex. These
provisions apply to Dover sole and thornyheads caught with any limited
entry gear and to sablefish caught with limited entry trawl gear. ``DTS
complex'' means Dover sole (Microstomus pacificus), thornyheads
(Sebastolobus spp.), and trawl-caught sablefish (Anoplopoma fimbria).
Sablefish are also called blackcod. Thornyheads, also called idiots,
channel rockfish, or hardheads, include two species, shortspine
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis).
(i) North of Cape Mendocino. The cumulative trip limit for the DTS
complex taken and retained north of Cape Mendocino is 70,000 lb (31,752
kg) per vessel per 2-month period. Within this cumulative trip limit,
no more than 12,000 lb (5,443 kg) may be sablefish, and no more than
20,000 lb (9,072 kg) may be thornyheads. No more than 4,000 lb (1,814
kg) of the thornyheads may be shortspine thornyheads.
(ii) South of Cape Mendocino. The cumulative trip limit for the DTS
complex taken and retained south of Cape Mendocino is 100,000 lb
(45,359 kg) per vessel per 2-month period. Within this cumulative trip
limit, no more than 12,000 lb (5,443 kg) may be sablefish, and no more
than 20,000 lb (9,072 kg) may be thornyheads. No more than 4,000 lb
(1,814 kg) of the thornyheads may be shortspine thornyheads.
(iii) The 60-percent monthly limits are: For the DTS complex,
42,000 lb (19,051 kg) north of Cape Mendocino, and 60,000 lb (27,216
kg) south of Cape Mendocino; for trawl-caught sablefish, 7,200 lb
(3,266 kg); for both species of thornyheads combined, 12,000 lb (5,443
kg); and for shortspine thornyheads, 2,400 lb (1,089 kg).
(iv) In any trip, no more than 500 lb (227 kg) may be trawl-caught
sablefish smaller than 22 inches (56 cm) total length. (See paragraph
IV.A.(6) regarding length measurement.)
(v) For operating in areas with different trip limits for the same
species, see paragraph IV. A.(12) above.
(c) Limited entry trip and size limits for nontrawl sablefish.
These daily trip limits, which apply to sablefish of any size, apply
until the closed period before the start of the regular season (as
specified at 50 CFR 663.23(b)(2)), between the end of the regular
season and the beginning of the mop-up season, and after the mop-up
season.
[Note: The Council recommended that the regular season be
delayed until September 1, 1996. Before this change can be made
effective, it must be approved by NMFS and then implemented by a
regulation published in the Federal Register.]
(i) North of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained with nontrawl gear north of 36 deg.00' N. lat. is
300 lb (136 kg).
(ii) South of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained with nontrawl gear south of 36 deg.00' N. lat. is
350 lb (159 kg).
(iii) During the ``regular'' or ``mop-up'' seasons, the only trip
limit in effect applies to sablefish smaller than 22 inches (56 cm)
total length, which may comprise no more than 1,500 lb (680 kg) or 3
percent of all legal sablefish 22 inches (56 cm) (total length) or
larger, whichever is greater. (See paragraph IV.A.(6) regarding length
measurement.)
(d) For headed and gutted sablefish:
(i) The minimum size limit for headed sablefish, which corresponds
to 22 inches (56 cm) total length for whole fish, is 15.5 inches (39
cm).
(ii) 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; fishermen should contact
fishery enforcement officials in the state where the fish will be
landed to determine that state's official conversion factor.)
(4) Open access fishery. Within the limits in paragraph IV.I.
below, a vessel using exempt trawl gear in the open access fishery is
subject to the 50-
[[Page 289]]
percent monthly limits, which are as follows: For the DTS complex,
35,000 lb (15,876 kg) north of Cape Mendocino, and 50,000 lb (22,680
kg) south of Cape Mendocino; for trawl-caught sablefish, 6,000 lb
(2,722 kg); for both species of thornyheads combined, 10,000 lb (4,536
kg); and for shortspine thornyheads, 2,000 lb (907 kg).
F. Whiting
(1) Limited entry fishery. Additional regulations that apply to the
whiting fishery are found at 50 CFR 663.7 and 663.23(b)(3) and (4).
(a) No more than 10,000 lb (4,536 kg) of whiting may be taken and
retained, possessed, or landed, per vessel per fishing trip before the
regular season for whiting begins, as specified at 50 CFR 663.23(b)(3).
This includes any whiting caught shoreward of 100 fathoms (183 m) in
the Eureka subarea (see paragraph IV.F.(1)(b)).
(b) No more than 10,000 lb (4,536 kg) of whiting may be taken and
retained, possessed, or landed by a vessel that, at any time during a
fishing trip, fished in the fishery management area shoreward of the
100-fathom (183-m) contour (as shown on NOAA Charts 18580, 18600, and
18620) in the Eureka subarea.
(2) Open access fishery. See paragraph IV.I. below.
G. Lingcod
(1) Limited entry fishery. The cumulative trip limit for lingcod is
40,000 lb (18,144 kg) per vessel per 2-month period. The 60-percent
monthly limit is 24,000 lb (10,886 kg). No lingcod may be smaller than
22 inches (56 cm) total length, except for a 100-lb (45-kg) trip limit
for trawl-caught lingcod smaller than 22 inches (56 cm). Length
measurement is explained at paragraph IV.A.(6)
(2) Open access fishery. Within the limits in paragraph IV.I.
below, the 50-percent monthly limit for lingcod is 20,000 lb (9,072
kg).
(3) Conversions
(a) Size conversion. For lingcod with the head removed, the minimum
size limit, which corresponds to 22 inches (56 cm) total length for
whole fish, is 18 inches (46 cm).
(b) 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 lingcod that is headed and
gutted, or only gutted, the following conversion factors will be used.
To determine the round weight, multiply the processed weight times the
conversion factor.
(i) Headed and gutted. The conversion factor for headed and gutted
lingcod is 1.5. (The State of Washington currently uses a conversion
factor of 1.5.)
(ii) Gutted, with the head on. The conversion factor for lingcod
that has only been eviscerated is 1.1.
H. Black Rockfish
The regulations currently at 50 CFR 663.23(b)(1)(iii) state: ``The
trip limit for black rockfish (Sebastes melanops) for commercial
fishing vessels using hook-and-line gear between the U.S.-Canada border
and Cape Alava (48 deg.09'30'' N. lat.), and between Destruction Island
(47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. lat.),
is 100 lb or 30 percent by weight of all fish on board, whichever is
greater, per vessel per fishing trip. This trip limit does not apply to
coastal treaty Indian fishermen operating under harvest guidelines
established under paragraph (b)(1)(ii) of this section [Sec. 663.23].''
The provisions at paragraphs IV.A.(12) and IV.C.(2)(c) do not apply.
I. Trip Limits in the Open Access Fishery
A vessel operating in the open access fishery must not exceed any
trip limit, frequency limit, and/or size limit for the open access
fishery; or for the same gear and/or subarea in the limited entry
fishery; or, in any calendar month, 50 percent of any 2-month
cumulative trip limit for the same gear and/or subarea in the limited
entry fishery, called the ``50-percent monthly limit.'' For purposes of
this paragraph, exempted trawl gear (that is used to harvest shrimp,
prawns, California halibut or sea cucumbers as provided in this
paragraph I.) may not exceed any limit for the limited entry trawl
fishery, or 50 percent of any 2-month cumulative limit that applies to
limited entry trawl gear. No groundfish landing by shrimp or prawn pot
(trap) gear may be in excess of the limited entry trip limit for
nontrawl gear. The cross-over provisions at paragraph IV.A.(12) that
apply to the limited entry fishery apply to the open access fishery as
well.
(1) Rockfish. Rockfish means all rockfish as defined at 50 CFR
663.2, which includes the Sebastes complex (including yellowtail
rockfish, bocaccio, and canary rockfish), shortbelly rockfish, widow
rockfish, POP, and thornyheads.
(a) North of Cape Lookout. The cumulative monthly trip limit for
rockfish taken and retained north of Cape Lookout is 35,000 lb (15,876
kg) per vessel per month.
(b) South of Cape Lookout. The cumulative monthly trip limit for
rockfish taken and retained south of Cape Lookout is 40,000 lb (18,144
kg) per vessel per month.
(c) Coastwide. The following trip limits also apply and are counted
toward the cumulative monthly limit for rockfish:
(i) 10,000-lb (4,536-kg) of rockfish per vessel per fishing trip,
except for vessels using setnet or trammel net gear; and,
(ii) A daily trip limit of 50 lb (23 kg) of thornyheads.
(d) For operating in areas with different trip limits for the same
species, see paragraph IV.A.(12) above.
(2) Sablefish. [Note: Under current regulations, the closure prior
to the ``regular season'' for the limited entry fishery also applies to
the open access fishery.]
(a) North of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained north of 36 deg.00' N. lat. is 300 lb (136 kg).
(b) South of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained south of 36 deg.00' N. lat. is 350 lb (159 kg).
(3) Groundfish taken by shrimp or prawn trawl
(a) Pink shrimp. The trip limit for a vessel engaged in fishing for
pink shrimp is 1,500 lb (680 kg) (multiplied by the number of days of
the fishing trip) of groundfish.
(b) Spot and ridgeback prawns. The trip limit for a vessel engaged
in fishing for spot or ridgeback prawns is 1,000 lb (454 kg) of
groundfish species per fishing trip.
(c) This rule is not intended to supersede any more restrictive
state law relating to the retention of groundfish taken in shrimp or
prawn pots or traps.
(4) Groundfish taken by California halibut or sea cucumber trawl.
The trip limit for a vessel participating in the California halibut
fishery or in the sea cucumber fishery south of Point Arena, CA
(38 deg.57'30'' N. lat.) is 500 lb (227 kg) of groundfish per vessel
per fishing trip.
(a) A trawl vessel will be considered participating in the
California halibut fishery if:
(i) It is not fishing under a valid limited entry permit issued
under 50 CFR part 663 for trawl gear;
(ii) All fishing on the trip takes place south of Point Arena; and
(iii) The landing includes California halibut of a size required by
California Fish and Game Code section 8392(a),
[[Page 290]]
which states: ``No California halibut may be taken, possessed or sold
which measures less than 22 inches in total length, unless it weighs
four pounds or more in the round, three and one-half pounds or more
dressed with the head on, or three pounds or more dressed with the head
off. Total length means the shortest distance between the tip of the
jaw or snout, whichever extends farthest while the mouth is closed, and
the tip of the longest lobe of the tail, measured while the halibut is
lying flat in natural repose, without resort to any force other than
the swinging or fanning of the tail.''
(b) A trawl vessel will be considered participating in the sea
cucumber fishery if:
(i) It is not fishing under a valid limited entry permit issued
under 50 CFR part 663 for trawl gear;
(ii) All fishing on the trip takes place south of Point Arena; and
(iii) The landing includes sea cucumbers taken in accordance with
California Fish and Game Code section 8396, which requires a permit
issued by the State of California.
J. Recreational Fishery
(1) California. The bag limits for each person engaged in
recreational fishing seaward of the State of California are: five
lingcod per day, which may be no smaller than 22 inches (56 cm) total
length; and 15 rockfish per day. Multi-day limits are authorized by a
valid permit issued by the State of California and must not exceed the
daily limit multiplied by the number of days in the fishing trip.
(2) Oregon. The bag limits for each person engaged in recreational
fishing seaward of the State of Oregon are: Three lingcod per day,
which may be no smaller than 22 inches (56 cm) total length; and 15
rockfish per day, of which no more than 10 may be black rockfish
(Sebastes melanops).
(3) Washington. The bag limits for each person engaged in
recreational fishing seaward of the State of Washington are: three
lingcod per day no smaller than 22 inches (56 cm) total length, and
either 15 rockfish per day south of Leadbetter Point (46 deg.38'10'' N.
lat.) or 12 rockfish per day north of Leadbetter Point.
V. Issuance of Experimental Fishing Permits (EFPs) in 1995
In 1995, applications were received and approved for three
different types of experimental fishing permits (50 CFR 663.10).
(1) The first was from the State of Oregon (representing Washington
and California as well) for the purpose of renewing the EFP to monitor
the bycatch of salmon in the shore-based whiting fishery. Under this
permit, 35 vessels were issued EFPs that required all salmon caught
incidentally in the whiting fishery to be landed shoreside. Almost 15
percent of the shore-based landings were observed, higher than the 10
percent goal.
(2) The second application was a variation of the whiting EFP. The
State of California requested that, in addition to the terms and
conditions governing the whiting EFP, a small number of fishers be
allowed to fish for whiting inside of the 100-fathom (183-m) contour in
the Eureka subarea, which currently is prohibited. The purpose was to
see if the bycatch rate of salmon could be kept at acceptable levels by
this small, shore-based sector of the fleet delivering to Eureka and
Crescent City, CA. However, whiting did not appear in fishable
concentrations in 1995, so even though this experimental fishery was
approved, the EFPs were not issued.
(3) The third application was for a new, enhanced data collection
program that applied to other groundfish fisheries. This application
was submitted by the State of Oregon, but could include involvement by
the States of Washington and California as well. The purpose of the
experiment was to monitor trip-limit-induced discards and the bycatch
of salmon and non-target species in the groundfish trawl fishery. All
participating vessels will be required to land salmon caught
incidentally in groundfish trawl gear and to keep enhanced logbooks
required by the State of Oregon. Some vessels will carry at-sea
observers to monitor trip-limit induced discards, and some vessels will
be required to bring virtually their entire catch to shore for
additional monitoring. This is intended to be the first of a multi-year
cooperative data collection program with the industry and state and
Federal governments. This fishery started later than expected. Three
EFPs have been issued since early November 1995. The EFP program may
continue through 1996.
VI. Applications for Experimental Fishing Permits in 1996
Three applications also were received for experimental fishing
permits in 1996. Two, the whiting EFPs described in paragraphs (1) and
(2) of paragraph V. above, had been approved for 1995. The scope of the
experiment and level of participation would be the same as requested
for 1995. The third is for a new experiment to obtain biological
information on sablefish to confirm or improve data used in the stock
assessment for this species. This experiment would allow one vessel to
retain 500 lb (227 kg) in excess of the trawl trip limit for sablefish,
and is not expected to exceed 5 mt per year. A state or Federal
scientist would be aboard every trip to gather the biological data.
These applications were presented at the Council's October 1995
meeting. The Council recommended issuance of all three in 1996. (In
addition, the enhanced data collection program discussed as number (3)
in the previous paragraph continues in 1996.) Comments on the three
applications for 1996 are invited. If approved, the whiting EFPs would
be issued by March 1 for vessels delivering in the State of California,
and mid-April for vessels delivering in Washington and Oregon; and the
EFP for sablefish would be issued early in 1996. The decision on
whether to issue EFPs and determinations on appropriate permit
conditions will be based on a number of considerations, including the
Council's recommendation and comments received from the public.
Classification
The final specifications and management measures for 1996 are
issued under the authority of and are in accordance with 50 CFR parts
611 and 663, the regulations implementing the FMP.
Much of the data necessary for these specifications and management
measures came from the current fishing 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 specifications and
management measures in effect at the beginning of the 1996 fishing
year, there is good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and opportunity for public comment for the specifications and
management measures. Amendment 4 to the FMP, implemented on January 1,
1991, recognized these timeliness considerations, and set up a system
by which the interested public 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 GMT, Groundfish Advisory
Subpanel, Scientific and Statistical Committee, and Council meetings in
August and October 1995 where these recommendations were formulated.
Additional public comments will be accepted for 30 days after
publication of
[[Page 291]]
this document in the Federal Register. The Assistant Administrator will
consider all comments made during the public comment period and may
propose modifications as appropriate.
Because prior notice and opportunity for public comment is not
required under 5 U.S.C. 553, or under any other public law, preparation
of a Regulatory Flexibility Analysis under 5 U.S.C. 603(a) and 604(a)
is not required and none has been prepared.
The Administrative Procedure Act requires that publication of an
action be made not less than 30 days before its effective date unless
the Assistant Administrator finds and publishes with the rule good
cause for an earlier effective date (5 U.S.C. 553(d)(3)). These
specifications announce the harvest goals and the management measures
designed to achieve those harvest goals in 1996. A delay in
implementation could compromise the management strategies that are
based on the projected landings from these trip limits. Therefore, a
delay in effectiveness is contrary to the public interest and these
actions are effective on January 1, 1996.
Dated: December 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-31580 Filed 12-29-95; 11:57 am]
BILLING CODE 3510-22-P
