[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Rules and Regulations]
[Pages 221-249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33966]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 991223347-9347-01; I.D. 120299C]
RIN 0648-AM21
Magnuson-Stevens Act Provisions; Foreign Fishing; Fisheries off
West Coast States and in the Western Pacific; Pacific Coast Groundfish
Fishery; Annual Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; 2000 groundfish fishery specifications and
management measures; request for comments.
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SUMMARY: NMFS announces the 2000 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 levels of the acceptable
biological catch (ABC) and optimum yields (OYs), including the
distribution between domestic and foreign fishing operations. The
commercial OYs (the OYs reduced by amounts expected to be taken in
tribal, recreational, and compensation fisheries) are allocated between
the limited entry and open access fisheries.
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The management measures for 2000 are designed to keep landings within
the OYs for those species for which there are OYs and to achieve the
goals and objectives of the FMP, consistent with the Magnuson Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) and the
implementing national guidelines published in the Federal Register on
May 1, 1998. The intended effect of these actions is to prevent
overfishing and rebuild Pacific Coast groundfish stocks that are
overfished and, for healthier stocks, to establish allowable harvest
levels and implement management measures designed to achieve as much of
those harvest levels as possible, while achieving the conservation
requirements of the Magnuson-Stevens Act.
DATES: Effective 0001 hours (local time) January 1, 2000, until the
2001 annual specifications and management measures are effective,
unless modified, superseded, or rescinded. The 2001 annual
specifications and management measures will be published in the Federal
Register. The emergency rule portion of this document is effective
until July 3, 2000, and NMFS expects to extend it for an additional 180
days. Comments must be received no later than 5:00 p.m, local time, on
February 3, 2000.
ADDRESSES: Written comments on these actions must be mailed to Mr.
William Stelle, Jr., Administrator, Northwest Region (Regional
Administrator), NMFS, 7600 Sand Point Way N.E., BIN C15700, Bldg. 1,
Seattle, WA 98115-0070, or faxed to 206-526-6736; or Mr. Rodney
McInnis, Acting Administrator, Southwest Region, NMFS, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA 90802-4213, or faxed to 562-980-4047.
Comments will not be accepted if submitted via e-mail or Internet.
Information relevant to these specifications and management measures,
which include an environmental assessment (EA) and 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
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 2130 SW Fifth Avenue, Suite
224, Portland, OR 97201, phone: 503-326-6352. Additional reports
referred to in this document may also be obtained from the Council.
FOR FURTHER INFORMATION CONTACT: Mr. William L. Robinson (Northwest
Region, NMFS), phone: 206-526-6140; fax: 206-526-6736 and; e-mail:
bill.robinson@noaa.gov or Mr. Svein Fougner (Southwest Region, NMFS)
phone: 562-980-4000; fax: 562-980-4047 and; e-mail:
svein.fougner@noaa.gov.
Electronic Access
This Federal Register rule also is accessible via the Internet at
the Office of the Federal Register's website at http://
www.access.gpo.gov/su_docs/aces/aces140.html.
SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications
for groundfish be evaluated each calendar year, that OYs be specified
for species or species groups in need of additional 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 Act and the FMP require that
actions be implemented to prevent overfishing and to rebuild overfished
stocks. This action announces and makes effective the final 2000
fishery specifications and the management measures designed to rebuild
overfished stocks, prevent overfishing, and achieve as much of the OYs
as practicable for healthier groundfish stocks managed under the FMP.
These final specifications and management measures were considered by
the Council at two meetings and were recommended to NMFS by the Council
at its November 1999 meeting in Sacramento, CA. In addition to the
annual specifications, this document incorporates an emergency rule
that is needed to implement the first year of rebuilding plans, to
protect other depleted stocks, and to prevent overfishing, as
authorized by section 304(c) of the Magnuson-Stevens Act.
I. Final Specifications
The fishery specifications include ABCs, the designation of OYs,
which may be represented by harvest guidelines (HGs) or quotas for
species that need individual management, the apportionment of the OYs
between domestic and foreign fisheries, and allocation of the
commercial OYs between the open access and limited entry segments of
the domestic fishery. As in the past, these specifications include fish
caught in state ocean waters (0-3 nautical miles (nm) offshore) as well
as fish caught in the EEZ (3-200 nm offshore). The OYs and ABCs
recommended by the Council and announced in this document are
consistent with the Magnuson-Stevens Act, the groundfish FMP, as
amended, and the rebuilding plans adopted by the Council to submit for
NMFS approval by March 2000.
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a U.S. Vancouver only, even if stock assessments
included parts of Canadian waters.
b Lingcod. The ABC is based on a 1997 assessment that
covered the Vancouver and Columbia areas, and a 1999 assessment that
covered the Eureka, Monterey, and Conception areas. Lingcod is
believed to be at 10 percent of its unfished biomass. The rebuilding
analysis calculates the probability that the northern (Vancouver-
Columbia) stock would rebuild within 10 years, and is based on a 60%
probability of doing so. The total catch OY of 378 mt is reduced by
215 mt estimated to be taken by the recreational fishery, resulting
in a commercial OY of 163 mt. No discards are assumed.
c Other. 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 ``minor rockfish'' category for
the areas footnoted only.
d Whiting. Whiting is believed to be at 37% of its
unfished biomass. The US-Canada average ABC of 310,000 mt for 1999-
2000 is reduced to 290,000 mt following application of the 40-10
default harvest policy, and is based on an MSY proxy of F40%. As in
1999, the total catch OY for whiting is 80% of the average US-Canada
of 290,000 mt. The commercial OY for whiting is 199,500 mt (the
232,000-mt OY minus the 32,500-mt tribal allocation), and is
allocated 42 percent to the shore-based sector, 24 percent to the
mothership sector, and 34 percent to catcher/processors. A landed
equivalent is not presented. Discards of whiting are counted toward
the OY inseason based on observed amounts.
e Sablefish. North of 36 deg. N. lat.--Sablefish is
believed to be at 37% of its unfished biomass. The 9,692-mt ABC,
based on F35%, is the same as in 1999. The total catch OY of 7,919
mt also is the same as in 1999, based on F35% and application of the
40-10 default harvest policy. The 7,919-mt OY is reduced by 10
percent (791 mt) for estimated trip-limit induced discards, by
another 10 percent (713 mt) for the tribal set aside, and reduced by
29 mt as compensation for vessels conducting resource surveys. The
remainder is the 7,177 is the commercial OY. The open access
allocation percentage of 9.4% is applied to the commercial OY, to
result in a landed catch open access allocation of 600 mt, and a
limited entry allocation of 5,785 mt. The limited entry allocation
is further allocated 58% (3,355 mt) for the trawl fishery and 42%
(2,430 mt) for the nontrawl fishery. The limited entry and open
access allocations for sablefish are in terms of landed catch
because the discard estimate was subtracted ``off the top'' before
the allocation percentages were applied; this differs from all other
limited entry and open access allocations that are expressed as
total catch. South of 36 deg. N. lat.--The ABC and OY are based on
historical landings in the Conception area of 425 mt. Ten percent
(47 mt) of the total catch of 472 mt is assumed to be discarded.
f Dover sole. The 1997 assessment evaluated the
resource north of 36 N. lat. as a unit, and provided an ABC for
landed catch based on the F35% harvest rate. The Conception area ABC
is at the level established in the original FMP. The ABCs in Table
1a represent total catch, and were converted by estimating that 5
percent of the total catch is discarded. Therefore, the coastwide
ABC and OY for Dover sole of 9,426 mt are for total catch, with a
landed catch equivalent of 8,955 mt. The OY is reduced by 21 mt as
compensation for vessels that conducted resource surveys, resulting
in a commercial OY of 9,405 mt.
g Petrale sole. Petrale sole is believed to be at 42%
of its unfished level, and stock size has been increasing. The 1999
assessment calculates the ABC for the Vancouver and Columbia areas
at 1,447 mt, which is rounded to 1,450 mt. The coastwide ABC of
2,950 mt is the sum of the areas.
h Pacific ocean perch (POP). POP is at 13% of its
unfished level and therefore is overfished. The ABC in the
Vancouver, Columbia, and Eureka areas is based on the 1998
assessment for Vancouver and Columbia (695 mt) plus 18 mt for the
Eureka area. The 270-mt OY is based on calculations for the first
year of the rebuilding program that is designed to rebuild POP to
MSY levels within 34 years. It is assumed that 16 percent of the
catch will be discarded; therefore, the total catch OY of 270 mt is
reduced by 43 mt
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of estimated discards, to derive the landed catch equivalent of 227
mt.
i Shortbelly rockfish. Shortbelly rockfish remains a
virtually unexploited stock and is difficult to assess
quantitatively. The 1989 assessment provided 2 alterative yield
calculations of 13,900 mt and 47,000 mt. NMFS surveys indicate poor
recruitment in most years since 1989, indicating low recent
productivity and a naturally declining population in spite of low
fishing pressure. The ABC and OY therefore are reduced to 13,900 mt,
the low end of the range in the assessment.
j Widow rockfish. Widow rockfish is believed to be at
29% of its unfished biomass. The ABC of 5,750 mt, based on the F40%
MSY proxy, is unchanged from 1999. The total catch OY of 4,333 mt is
more conservatively based on F45% and the 40-10 harvest policy. The
OY is reduced by 51 mt of estimated recreational catch to derive the
commercial OY of 4,282 mt. The open access allocation (128 mt) is
determined by applying the open access percentage to the commercial
OY. The limited entry allocation (4,154 mt) is determined by
subtracting the open access allocation from the commercial OY. The
limited entry allocation is further reduced by 300 mt for
anticipated bycatch in the offshore whiting fishery, and the
remainder (3,854 mt) is reduced by 16% (617 mt) to account for trip
limit induced discards, resulting in a landed catch equivalent for
the limited entry fishery of 3,237 mt (excluding harvest in the
whiting fishery).
k Canary rockfish. Two canary rockfish assessments
addressed the northern and southern portions of the stock. The
combined results resulted in a biomass range estimated to be between
7% of the unfished biomass in the south to 20% of the unfished
biomass in the north. Canary rockfish therefore is overfished. The
coastwide ABC (287 mt) is based on the upper end of each assessment,
using the Fmsy proxy of F40%. The coastwide OY is 200 mt, based on
the northern assessment. The OY is higher than the default harvest
policy would indicate, in recognition of small amounts of
unavoidable bycatch, even with the management measures implemented
in 2000 that will drastically reduce effort throughout the
continental shelf. The OY is lower than ABC and therefore is not
overfishing. Recreational fisheries are expected to take 80 mt of
the OY in 2000. The 1999 OY applied only to the Vancouver and
Columbia areas, but the OY for 2000 is coastwide. Landings have been
about 1,100 mt in recent years. A rebuilding plan will be required
in 2001.
l Chilipepper. In 1999, the 3,724-mt ABC and OY
included 43 mt for the Eureka area, which is moved to the northern
``minor rockfish'' category in 2000. The 2000 ABC of 3,681 mt for
the Monterey and Conception areas is based on the 1998 assessment
and application of the F40% harvest rate. The stock is estimated to
be above 40% of it unfished biomass so the default OY normally would
equal ABC. However, the OY is set at 2,000 mt, near the recent
average landed catch, to discourage effort on chilipepper which is
known to have bycatch of bocaccio. The OY is reduced by 45 mt
estimated to be taken in the recreational fishery, resulting in a
commercial OY of 1,955 mt. The open access percentage is applied to
the commercial OY to determine the open access allocations of 915
mt. The open access allocation then is subtracted from the
commercial OY to determine the limited entry allocation. No discard
amount is assumed.
m Bocaccio. Bocaccio is believed to be at 2% of its
unfished biomass and therefore is overfished. The 164-mt ABC is
based on F40% and the 100-mt OY is based on the rebuilding analysis
designed to rebuild the stock to MSY in 38 years. The OY is reduced
by 55 mt for estimated recreational harvest to derive the 55-mt
commercial OY. No discards of bocaccio are assumed within this OY.
n Splitnose rockfish (often called ``rosefish''). A
separate OY of 868 mt was established for the Eureka, Monterey, and
Conception area in 1999, equal to ABC. For 2000, the southern ABC
applies only to the Conception and Monterey areas. Accordingly, the
southern ABC of 830 mt is derived by subtracting 48 mt for the
Eureka area, and the northern ABC is increased by 48 mt. The
northern ABC is 322 mt (from 274 mt in 1999). The 615-mt OY for the
southern area reflects a 25% precautionary adjustment because of the
less rigorous assessment for this stock. In the north, splitnose is
included in the minor rockfish OY.
o Yellowtail. The ABC of 3,539 mt applies to the U.S.
Vancouver, Columbia, and Eureka areas. The stock is estimated to be
at 39% of its unfished biomass. The OY is based on F40% and
application of the 40-10 harvest policy. The 3,539-mt OY is reduced
by 90 mt estimated to be taken in the recreational fishery, to
derive a commercial OY of 3,449 mt. The open access allocation is
derived by applying the open access percentage to the commercial OY.
The limited entry allocation is determined by subtracting the open
access allocation from the commercial OY. The landed catch
equivalent of 2,057 mt for the 3,163-mt limited entry allocation is
derived by subtracting 16% (506 mt) for discards and 600 mt for
expected catch in the at-sea whiting fishery.
p Thornyheads. The treaty tribes estimate that 8,000-
10,000 lb (about 3-4 mt ) of thornyheads will be taken in 2000 under
a tribal trip limit of 300 lb per trip. This small amount is not
subtracted from either of the thornyhead HGs at this time.
q Shortspine thornyheads. Shortspine thornyhead is
estimated to be at 32% of its unfished level. The ABC (1,261 mt) for
the area north of 36 deg. N. lat. (Vancouver through Monterey areas)
is the same as in 1999, calculated based on a synthesis of two stock
assessments prepared in 1998 and application of the F35% harvest
rate. The 970-mt OY is based on F40% and the 40-10 harvest policy.
The 960-mt commercial OY is determined by subtracting 10 mt used as
compensation for vessels conducting resource surveys. The limited
entry allocation of 957 mt is reduced by 30% (287 mt) for estimated
discards to derive the landed catch equivalent of 670 mt. A separate
ABC and OY of 175 mt (based on historical) catch have been
established for the part of the Conception area north of Point
Conception (34 deg.27' N. lat.). Assuming the same 30% discard rate
as the northern area, the landed equivalent for the southern OY
would be 122 mt. There is no ABC or OY for the southern Conception
area.
r Longspine thornyheads. The ABC (4,102 mt) north of
the Conception area is the same as in 1999, based on the average of
the 3-year individual ABCs at F35%. The stock is estimated to be
above the 40% of its unfished biomass. The 4,099-mt commercial OY is
determined by subtracting 3 mt used as compensation for vessels
conducting resource surveys. There are no separate limited entry and
open access allocations. The commercial OY is reduced by 9% 205 mt)
to derive the landed catch equivalent of 3,894 mt. A separate ABC
and OY (429 mt) (based on historical) catch have been established
for the part of the Conception area north of Point Conception
(34 deg.27' N. lat.). Assuming the same 9% discard rate as the
northern area, the landed equivalent for the southern OY would be
390 mt.
s Cowcod. The 1999 assessment of the Conception area
indicates this stock is overfished, with abundance below 10% for the
unfished biomass. The ABC in the Conception area is 5 mt, based on
the assessment, and 19 mt in Monterey, based on average landings
from 1983-1997). The OY for the Monterey and Conception areas
combined is no more than 5 mt in 2000.
t Minor rockfish--north. This new category includes
the ``remaining rockfish'' and ``other rockfish'' categories in the
U.S. Vancouver, Columbia, and Eureka areas combined. The species
that are listed individually would have been ``remaining rockfish''
which generally includes species that have been assessed by less
rigorous methods than stock assessment, except for black rockfish.
The ``other rockfish'' category includes species that do not have
quantifiable assessments. The total catch OY is the sum of 75% of
the listed species (formerly ``remaining rockfish'') and 50% of the
summed ABCs for other rockfish, with the following exceptions: the
43 mt ABC for northern chilipepper and 700 mt of the black rockfish
ABC are not reduced, and the remaining 500 mt of the black rockfish
OY is discounted by 50%. The reductions in the contribution of the
ABCs toward OY is intended to address uncertainty in stock status
due to limited information.
u Minor rockfish--south. This new category includes
the ``remaining rockfish'' and ``other rockfish'' categories in the
Monterey and Conception areas combined. The species that are listed
individually would have been ``remaining rockfish'' which generally
includes species that have been assessed by less rigorous methods
than stock assessment. The ABC is the sum of the individual species'
ABCs in the two areas. The total catch OY is the sum of 75% of the
ABCs for the listed species (formerly ``remaining rockfish'') and
50% of the ``other rockfish'' ABC. The reductions in the
contribution of the ABCs toward OY is intended to address
uncertainty in stock status due to limited information.
v Black rockfish. The ABC includes 700 mt for the
assessment area plus 500 mt average catch in the unassessed area.
This stock contributes 950 mt towards the minor rockfish OY in the
north--700 mt for the
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assessed area, and half (250 mt) for the unassessed area. The 50%
reduction is precautionary, consistent with other recommendations.
w Blackgill rockfish. The 1998 stock assessment
estimates the Conception area stock to be at about 51% of unfished
biomass with 365 mt as the ABC based on F40%. An additional 75 mt
was added for the Monterey area, for a total ABC of 440 mt. If
annual landings reach 300 mt, the Council will consider the need for
further management and/or a stock assessment.
x Other rockfish. This group includes rockfish
species listed in 50 CFR 660.302, including California scorpionfish.
The ABC is based on the 1996 review of commercial Sebastes landings
and includes an estimate of recreational landings. These species
have never been quantifiably assessed.
y Other fish. This group includes sharks, skates,
rays, ratfish, morids, grenadiers, and other groundfish species
noted above in c/.
ABC Policy/Overfishing
Under the Magnuson-Stevens Act, the FMP must prevent overfishing,
which is defined in the National Standard Guidelines (63 FR 24212, May
1, 1998) as exceeding the fishing mortality rate needed to produce the
maximum sustainable yield (Fmsy). In 2000 as in 1999, the Council
continued its use of default exploitation rates as a proxy for Fmsy
(and thus for ABC). Therefore the 2000 ABCs are set at the maximum
sustainable yield (MSY) proxy. The OYs are set equal to or less than
the ABCs which is expected to prevent overfishing.
In 2000 as in 1999, in most cases, the default Fmsy proxy used for
setting the ABCs was F40% for most rockfish and F35% for other
groundfish species. (The thornyhead ABCs were based on F35%, although
they are included as rockfish in the definitions at 50 CFR 660.302.
Further adjustments were made in setting the OYs for some species; the
OY for shortspine thornyhead was more conservatively set using F40% and
for widow rockfish using F45%.) ``F40%'' means the fishing mortality
rate that reduces the spawning potential per recruit to 40 percent of
the unfished condition. For faster growing stocks, or stocks with
quicker recruitment, a higher fishing mortality rate may be used, such
as F35%, which reduces the spawning potential to 35 percent of the
unfished condition, and therefore means higher catches than F40%. Under
this policy, MSY is a constant fishing mortality rate (i.e.,
exploitation rate) that is a limit. In other words, a constant fraction
of the stock may be harvested each year. The ABC for a species
generally is derived by multiplying the exploitation rate (F40% or
F35%) times the current biomass estimate.
Figure 1, in the following section of the preamble, on the default
OY policy illustrates the relationship between current biomass levels
and recommended catch. The default exploitation rate (e.g., F35%, F40%)
is represented by the line labeled ``ABC.'' ABC is graphically
determined by, first, finding the current biomass level on the
horizontal axis, second, finding the corresponding point on the line
labeled ABC, and, third, reading the corresponding catch off the
vertical axis.
The 2000 ABCs, which are based on the best available scientific
information, represent the total fishing mortality (in most cases
synonymous with total catch). Stock assessment information considered
in determining the ABCs is available from the Council and was made
available to the public before the Council's November 1999 meeting as
stock assessment documents and reports, which are compiled into the
Council's SAFE document (see ADDRESSES). Additional information is
found in the EA prepared by the Council for this action, the SAFE
document for the 2000 specifications, and in documents available at the
September and November 1999 Council meetings. ABCs are expressed as
total catch (landings plus discards) and apply only to U.S. waters even
if the assessments included Canadian waters.
The Council's Scientific and Statistical Committee will convene a
meeting in early 2000 to reevaluate the appropriate Fmsy proxies for
the individual groundfish species. A number of stock assessment
scientists have independently concluded that west coast groundfish
stocks are not as productive or resilient to overfishing as previously
thought to be, but the specific new Fmsy rates for the individual
species have not yet been determined. It is likely that the Fmsy
proxies and the resultant ABCs and OYs will be reduced for a number of
groundfish species in 2001 based on this scientific review. In the
interim, transitional adjustments were made to the OYs for shortspine
thornyhead and widow rockfish in 2000.
Default OY Policy
In 1999, the Council adopted a new, precautionary policy for
establishing OY, which is intended to prevent species from becoming
overfished (See Figure 1).
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According to this policy, if the stock biomass is larger than the
MSY biomass (Bmsy, i.e. B40% in Figure 1), the OY may be set equal to
or less than ABC. If the stock biomass is believed to be equal to or
smaller than Bmsy, a precautionary OY threshold is established at the
MSY biomass size. A stock whose current biomass is between 25 percent
of the unfished level and the precautionary threshold is said to be in
the ``precautionary zone.'' The Council's default OY harvest policy
(represented by the line labeled ``40-10 default OY'' in Figure 1)
reduces the exploitation rate when a stock is at or below its
precautionary threshold. The farther the stock is below the
precautionary threshold, the greater the reduction in OY will be
relative to the ABC, until, at B10 percent, the OY would be set at
zero. This is, in effect, a default rebuilding policy that will foster
quicker return to the Bmsy level than would fishing at the ABC level.
However, the Council may recommend setting the OY higher than the
default OY harvest policy specifies, if justified and as long as the OY
does not exceed the ABC (Fmsy) harvest rate and is consistent with the
requirements of the Magnuson-Stevens Act and the NOAA National Standard
Guidelines. Additional precaution may be added on a case-by-case basis
at any level of current biomass and may be warranted by uncertainty in
the data or by higher risks of being overfished.
If a stock falls below 25 percent of its unfished biomass (B25
percent), it is considered overfished, and the Council is required to
develop a formal rebuilding plan within the following year.
2000 ABCs and OYs
The species that had ABCs and OYs in 1999 continue to have ABCs and
OYs in 2000. New ABCs were developed for cowcod and black rockfish; the
canary ABC is applied coastwide (formerly it applied only to the
Vancouver and Columbia areas); the POP ABC is expanded to include the
Eureka area; and chilipepper was added to the minor rockfish category
north of 40 deg.10' N. lat.
OYs for POP, bocaccio, and lingcod have been set to be consistent
with the first year of rebuilding plans for those species, and canary
and cowcod OYs are set at extremely low levels in anticipation of
rebuilding plans that will be required in 2001. The chilipepper OY is
reduced almost in half to reduce associated harvest of bocaccio, which
is overfished. As a result of the constraining management measures
imposed to protect and rebuild overfished species, a number of the OYs
may not be achieved in 2000, particularly for those shelf rockfish
species that are not overfished but that are caught with species that
are overfished. There is no way to forecast what the actual catch of
these relatively healthy species will be, and to lower the OYs for
these species could unnecessarily constrain the fishery, particularly
when midwater trawl opportunities are available that result in lower
bycatch of overfished species.
Three changes have been made to the ABCs and OYs since 1999 that
incorporate the results of new stock assessments and reorganize species
for the management purposes of better protecting depleted stocks and
minimizing the chance of overfishing: (1) The assessment areas have
been modified in 2000 such that the ABCs and OYs apply to areas north
and south of 40 deg.30' N. lat. that are better aligned with the trip
limit areas (that apply north and south of 40 deg.10' N. lat.). In
1999, the ABCs and OYs were divided into northern and southern
components at approximately 43 deg.00' N. lat. (the Columbia/Eureka
area border), whereas the trip limits differed north and south of
40 deg.30' N. lat. (approximately Cape Mendocino, CA). (2) The rockfish
species have been reorganized. The term ``Sebastes complex,'' which
once applied to rockfish species that were caught together, no longer
is applicable and so is not used in 2000. Instead, ABCs and OYs are
calculated individually for each rockfish species, where possible. The
remaining species, called ``minor rockfish,'' include the ``remaining
rockfish'' and ``other rockfish'' species, formerly in the Sebastes
complex. The minor rockfish species, which have rudimentary or no
assessments, are divided into nearshore, shelf, and slope categories,
that represent where they are predominantly caught. (See Table 2.)
Inseason management actions will be taken to achieve the harvest
guidelines for nearshore, shelf, and slope minor rockfish species,
north and south of 40 deg.10' N. lat., so that disproportionate harvest
of some species does not occur. (3) Jack mackerel (north of 39 deg. N.
lat.) was removed from the FMP by
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Amendment 11 and will be managed under the Coastal Pelagic Species
Fishery Management Plan.
In 2000, as in 1999, unless otherwise specified, OYs and
allocations represent total catch, and, where possible, the expected
landed catch equivalent is calculated. This approach provides greater
management flexibility if new information becomes available inseason
because managers will then be able to modify discard estimates and
management measures inseason. (Allowable harvest levels were called
``harvest guidelines'' or ``HGs'' before 1999, but, since 1999, most
have been called ``optimum yields'' or ``OYs.'' The new minor rockfish
assemblages of nearshore, shelf, and slope are managed with harvest
guidelines, which are the desired levels of harvest that management
measures are designed to achieve.)
The derivation of the ABCs and OYs for the individual groundfish
species are explained in detail in Council documents from their
September 1999 and November 1999 meetings, in the Council's SAFE
document (which includes the most recent stock assessments) and are
summarized in this document, in Table 1a. Derivations of commercial
OYs, limited entry and open access allocations, and landed catch
equivalents appear in the footnotes to Table 1a, listed at the end of
Table 1b.
Determinations of Overfished, Approaching an Overfished Condition, and
Overfishing
The status of the resource is evaluated using the standards in the
Magnuson-Stevens Act, its national guidelines, and the FMP. The
following determinations supersede those presented in the October 1999
report to Congress.
Overfished
A species is overfished if its current biomass is less than 25
percent of the unfished biomass level. (Usually the biomass is
discussed in terms of spawning potential.) The Magnuson-Stevens Act
requires that a rebuilding plan be prepared within a year after the
Council is notified that the species is overfished. In March 1999, NMFS
notified the Council that three species were overfished--lingcod, POP,
and bocaccio. NMFS has subsequently determined that two additional
species are overfished--canary rockfish and cowcod--and that rebuilding
plans for these two species must be prepared within a year of
notification to the Council. The Council is being notified concurrent
with publication of this document.
Approaching an Overfished Condition
This condition applies to those species that currently are not
overfished, but are expected to be overfished in 2 years. No additional
species are approaching an overfished condition in 2 years, based on
stock assessments completed since Amendment 11 was approved in March
1999.
Overfishing
None of the 2000 ABCs are knowingly set higher than Fmsy or its
proxy; none of the OYs are set higher than the corresponding ABCs; and
the management measures announced herein are designed to prevent
overfishing by keeping harvest levels within the specified OYs.
After the 1998 fishing season was completed, NMFS determined that
overfishing had occurred on four species of rockfish: canary rockfish
off California, darkblotched, silvergrey, and bank rockfish. Because of
this information, NMFS announced that overfishing could be occurring on
these species in 1999, even though management measures had been
implemented in 1999 with the intent of reducing the possibility of
overfishing. Preliminary data for 1999 indicate that overfishing did
not occur on bank rockfish or canary rockfish in the Eureka, Monterey,
and Conception management areas, but that overfishing did occur on
darkblotched, silvergrey, and yelloweye rockfish.
The commercial gear regulations, recreational bag limits, and other
management measures imposed on shelf rockfish should eliminate
overfishing of silvergrey and yelloweye rockfish in 2000. Similarly,
the division of rockfish into slope, shelf, and nearshore strategies,
with separate cumulative limits for each strategy, will reduce fishing
opportunities on darkblotched rockfish and should prevent overfishing
of this species in 2000.
Overfishing is difficult to detect inseason for many rockfish,
particularly for minor rockfish species, because most are not
individually identified on landing. Species compositions, based on
proportions encountered in samples of landings, are applied during the
year, but final results are not available until the end of the year.
The determinations made herein may change as more data become available
later in the year.
Rebuilding Programs
On March 3, 1999, NMFS notified the Council that three species
(lingcod, bocaccio, and Pacific ocean perch (POP) were overfished and
the Council had one year to submit rebuilding plans for these species,
as required under the Magnuson-Stevens Act.
The Council's approved rebuilding plans for each of the 3 species
and the ABCs, OYs, and management actions recommended for 2000 are
consistent with the FMP and the first year of rebuilding in these
plans. The Council has informed NMFS, and NMFS has agreed, that the
rebuilding plans will be submitted to NMFS for approval after the first
of the year, and an FMP amendment will be submitted to provide a
framework process for developing future rebuilding plans. The
multispecies exception at 50 CFR 600.310(d)(6) that authorizes
overfishing under limited conditions is not being used. The draft
rebuilding plans endorsed by the Council are summarized as follows:
Bocaccio
Areas: Monterey and Conception.
Status of stock: 2.1 percent of unfished biomass.
Maximum allowable years to rebuild to MSY: approximately 38 years,
assuming median recruitment.
Probability of rebuilding to MSY biomass in 38 years: 67 percent.
Expected time to rebuild: 34 years.
Fmsy proxy: F40%.
ABC in 2000: 164 mt.
OY in 2000: 100 mt.
Management measures for 2000: Bottom trawl target opportunity for
shelf rockfish is dramatically reduced. No landings of bocaccio are
allowed with large footrope trawl gear (i.e. with rollers larger than 8
inches (20 cm) in diameter); small footrope bottom trawl gear may land
small amounts that accommodate unavoidable bycatch; midwater trawl
gear, which would have minimal bycatch of bocaccio is encouraged; the
chilipepper OY is reduced almost in half due to potential bycatch of
bocaccio; the commercial nontrawl gear fishery is closed 2 of the first
4 months of the year, trip limits are reduced, and set net limits are
reduced to the same level as other open access nontrawl gear limits;
recreational closures occur early in the year, bag limits are reduced
from 15 to 10 rockfish, and a new 10-inch (25.4 cm) size limit is added
for bocaccio. Additionally, bocaccio has a 3-fish sublimit. Management
of bocaccio is particularly difficult because the large year class
appearing in 1999 increases the need to curtail fishing effort, as
bocaccio will be more available to the fishery in the next few years.
Lingcod
Areas: coastwide.
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Status of stock: 10 percent of unfished biomass.
Maximum allowable years to rebuild to MSY: 10.
Probability of rebuilding to MSY biomass in 10 years: 60 percent.
Expected time to rebuild: 10 years.
Fmsy proxy: F35%.
ABC in 2000: 700 mt.
OY in 2000: 378 mt.
Management measures: In 2000, commercial landings of lingcod would
be prohibited 6 months of the year (November-April), while protecting
lingcod during their spawning and nesting seasons. The trip limit
during the open season is designed to achieve the limited entry and
open access allocations and is much lower for the limited entry trawl
fishery in 2000. The size limit for lingcod is increased for fixed gear
and recreational fisheries south of 40 deg.10' N. lat. A maximum size
limit is imposed in the recreational fishery off Oregon, and a new 2-
fish per day bag limit is imposed off California. The recreational
fishery for lingcod is closed 4 months off Washington, remains open in
Oregon and California north of 40 deg.10' N. lat., and is closed 2 of
the first 4 months of the year south of 40 deg.10' N. lat. The varying
seasons, bag limits, and size limits for each state were recommended to
best fit the needs of the recreational fisheries of each State, while
meeting the required conservation burden. Lingcod are found
predominantly on the continental shelf, and gear restrictions imposed
to protect continental shelf rockfish would also benefit lingcod.
Lingcod taken onboard while still living appear to have a good chance
of survival if returned quickly to sea.
Pacific ocean perch
Areas: Vancouver and Columbia.
Status of stock: 13 percent of unfished biomass.
Maximum allowable years to rebuild to MSY: 47 years.
Probability of rebuilding to MSY biomass in 47 years: 79 percent.
Expected median time to rebuild: 43 years.
Fmsy proxy: F40%.
ABC in 2000: 713 mt.
OY in 2000: 270 mt.
Management measures: POP primarily inhabit waters of the upper
continental slope and are found along the edge of the continental
shelf. Therefore, POP also would benefit from the trawl gear
restrictions adopted to protect continental shelf rockfish species.
Relative to 1999 levels, the cumulative trip limit for POP taken in the
limited entry fishery is reduced by 87 percent from May through
October, and 63 percent the other 6 months. POP is not an important
species for recreational or nontrawl commercial fisheries.
Bycatch and Discards
Stock assessments and inseason catch monitoring are designed to
account for all fishing mortality, including that resulting from fish
discarded at sea. Discards 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
consistently, so discard estimates have been developed to account for
this extra catch. A discard level of 16 percent of the total catch,
previously measured for widow rockfish in a scientific study, is
assumed for the commercial fisheries for widow rockfish, yellowtail
rockfish, canary rockfish, and POP. A discard estimate of 9 percent is
used for longspine thornyheads, 30 percent for shortspine thornyheads,
5 percent for Dover sole, and 10 percent for sablefish.
Foreign and Joint Venture Fisheries
For those species 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. A portion of the OYs for these species
may be apportioned to domestic annual harvest (DAH), which in turn may
be apportioned between domestic annual processing (DAP) and joint
venture processing (JVP). The portion of an OY not apportioned to DAH
may be set aside as the total allowable level of foreign fishing
(TALFF). In January 2000, no surplus groundfish are available for joint
venture or foreign fishing operations. Consequently, all the OYs in
2000 are designed entirely for DAH and DAP (which are the same in this
case); JVP and TALFF are set at zero.
II. Limited Entry and Open Access Fisheries
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
in the FMP, 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.
The groundfish species that had limited entry and open access
allocations in 1999 continue to be allocated between the 2 sectors in
2000. As in 1999, the OYs are all expressed in terms of total catch,
and virtually all of the limited entry and open access allocations are
expressed in terms of total catch (except for sablefish, which is
explained here), and estimates of discards will be applied separately
to the limited entry and open access allocations as data become
available. This means that in 2000, as in 1999, estimates of trip-limit
induced discards that previously were taken ``off the top'' before
setting the limited entry and open access allocations (and so
proportionally reduced both allocations), will instead be deducted only
from the limited entry allocations for purposes of estimating the
landed catch equivalents. Estimated bycatch of yellowtail rockfish and
widow rockfish in the offshore whiting fishery are also deducted from
the limited entry allocations to determine the landed catch equivalents
for the target fisheries for widow and yellowtail rockfish. The landed
catch equivalents are the harvest goals used when adjusting trip limits
and other management measures during the season. Although this revised
process complicates the calculation of the landed catch equivalents for
the limited entry allocations, it is intended to more appropriately
apply the discard estimates to the fleet that is responsible for them.
The one exception is the limited entry sablefish fishery, which
continues to be allocated as in recent years. The 10-percent discard
estimate for this fishery continues to be deducted from the OY before
the limited entry and open access allocations are calculated because
both fisheries may experience discards and because the initial
allocation was based on this process. Consequently, the open access and
limited entry sablefish allocations are expressed in terms of landed
catch. Discards in most open access fisheries are believed to be small,
and no discard estimates are applied to the open access fishery at this
time, but may be applied during the season if information becomes
available.
Open Access Allocations
The open access fishery is composed of vessels that operate under
the OYs, quotas, and other management measures governing the open
access fishery, using (1) exempt gear or (2) longline or pot (trap)
gear fished from vessels that do not have limited entry permits
endorsed for use of that gear. Exempt gear means
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all types of legal groundfish fishing gear except groundfish trawl,
longline, and pots. (Exempt gear includes trawls used to harvest pink
shrimp, spot, or ridgeback prawns (shrimp trawls) and, south of Pt.
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 OY, or, if there is a set-aside for
recreational, tribal, or compensation for resource survey fishing, the
set-aside is first deducted and then the percentage is applied to the
commercial OY. (The commercial OY is the annual OY after subtracting
any set-asides for recreational or tribal fishing or compensation for
conducting resource surveys.) For those species in which the open
access share would have been less than 1 percent, no open access
allocation is specified unless significant open access effort is
expected.
Limited Entry Allocations
The limited entry fishery means the fishery composed of vessels
using limited entry gear fished pursuant to the OYs, quotas, and other
management measures governing the limited entry fishery. Limited entry
gear means longline, pot, or groundfish trawl gear used under the
authority of a valid limited entry permit issued under the FMP, affixed
with an endorsement for that gear. (Groundfish trawl gear excludes
shrimp trawls used to harvest pink shrimp, spot prawns, or ridgeback
prawns, and other trawls used to fish for California halibut or sea
cucumbers south of Pt. Arena, CA.) Beginning in 1997, a sablefish
endorsement is also required to operate in the limited entry non-trawl
regular or mop-up seasons for sablefish.
The limited entry allocation (in total catch) is the OY reduced by
(1) set-asides, if any, for treaty Indian fisheries, recreational
fisheries, or compensation fishing for participation in resource
surveys (which results in the commercial OY or quota); and (2) the open
access allocation. (Allocations for Washington coastal tribal fisheries
are discussed in section V and, for whiting, at paragraph IV.B.(3).)
Following these procedures, the Regional Administrator calculated
the amounts of the allocations that are presented in Table 1a to this
document. Unless otherwise specified, the limited entry and open access
allocations are treated as OYs in 1999. There may be slight
discrepancies from the Council's recommendations due to rounding.
Harvest Guidelines for Minor Rockfish Species
The two minor rockfish OYs (north and south of 40 deg.10' N. lat.)
are allocated between limited entry and open access fisheries, based on
the formula in the FMP and implementing regulations at 50 CFR
660.332(b). However, the Council went a step further. Recognizing that
group OYs may allow disproportionate harvest of species in need of
additional protection, the minor rockfish OYs are subdivided into
nearshore (shallowest), shelf, and slope (deepest) categories,
according to the approximate depths where those species are caught.
This results in six separate harvest guidelines for minor rockfish,
north and south of 40 deg.10' N. lat. This approach is intended to
enable the Council to better monitor and control the fishing strategies
in these areas by assigning trip limits, size limits, gear limits,
recreational bag limits, and, if necessary, seasons to encourage
fishers to operate in times and areas where overfished stocks are not
commonly caught and are much less likely to occur as bycatch. These new
HGs are incorporated in Table 1a. The rockfish species in the
nearshore, shelf, and slope categories are listed in paragraph
IV.A.(20) and Table 2.
Differences in Limited Entry and Open Access Management in 2000
Although the above procedures were followed, there are major
differences in management of the limited entry and open access
fisheries in 2000 compared to 1999. (1) The limited entry and open
access percentages have been recalculated, and are in some cases
different than in 1999 for two reasons--updates in the data base, and
shifting the Eureka area from the southern to the northern area for the
purpose of setting ABCs and OYs (See Attachment G.4.c., September 1999,
from the Council's briefing book for its September meeting). (2) The
new harvest guidelines for nearshore, shelf, and slope minor rockfish
result in different harvest opportunities than if rockfish remained
aggregated. (3) Furthermore, the management measures designed to
rebuild overfished species, or to prevent overfishing or a species from
becoming overfished, may result in the inability to attain the OY or
allocation for relatively healthy stocks whose harvest is restricted
because it may result in bycatch of overfished species. Consequently,
OYs (and their associated limited entry and open access allocations)
may not be completely available to the industry.
III. 2000 Management Measures
The major goal of management of the groundfish fishery has been to
prevent overfishing while achieving the OYs (sometimes called harvest
guidelines) and to provide year-round fisheries for the major species
or species groups. However, it became apparent over the last several
years that the goal of a year-round fishery was no longer achievable
for a number of species. Lower OYs and growing awareness of reduced
productivity of the groundfish resource, has resulted in new management
strategies. In 1999, the Council recommended management measures that
staggered fishing opportunities in the limited entry fishery, so that
opportunities to harvest some species would be higher when other
opportunities were lower. This strategy, although confounded to some
extent by stormy weather in the winter, was more acceptable to the
industry than tying up their boats for extended periods of time (often
called ``time off the water''), particularly when it meant not fishing
for other, healthier species that have groundfish as bycatch. The
Council recommended continuation of cumulative trip limits for most of
the fleet in 1999, but abandoned its prior 60:40 policy, in which as
much as 60 percent of a 2-month cumulative limit could be taken in
either of the 2 months. The intent of the 60:40 policy had been to
spread the catch over the 2-month period, to minimize bycatch and
discards, and to simplify compliance by not adhering to a rigid,
monthly limit. Instead, the Council adopted an industry request to
start 1999 with a single 3-month cumulative limit, followed by 3 2-
month cumulative limits, and ending the year with 3 1-month cumulative
limits; the cumulative limits could be taken any time during the
applicable period.
In developing management strategies for 2000, the Council was faced
with even more complicated decisions. The new legislative mandates
under the Magnuson-Stevens Act (as amended by the Sustainable Fisheries
Act in 1996) gave highest priority to preventing overfishing and
rebuilding overfished stocks to their MSY levels. The National Standard
Guidelines at 50 CFR 600.310 interpreted this as ``weak stock
management,'' which means that harvest of healthier stocks must be
curtailed if necessary to prevent overfishing or to rebuild overfished
stocks. Only under a rare exception, which is not being used in the
Pacific groundfish fishery, would overfishing of minor species in a
mixed stock fishery be allowed to continue.
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Three FMP species were declared overfished in March 1999 (POP,
lingcod, and bocaccio), which required rebuilding plans to be submitted
within 1 year, and two more species are being declared overfished
concurrent with publication of this notice (canary rockfish and
cowcod). Of the five species, canary rockfish is the most constraining,
as its OY was reduced from 1,045 mt in 1999 to 200 mt in 2000, and it
is found coastwide on the continental shelf. Consequently, preventing
overfishing and rebuilding overfished species will hinder achievement
of the previous goal of providing a year-round fishery. The primary
strategy the Council chose to rebuild these overfished species is to
divert effort off the sea floor of the continental shelf, where
lingcod, bocaccio, canary rockfish, cowcod, and, to a lesser extent,
POP occur. The management strategy for 2000 attempts to do this, while
providing fishing opportunities for some, but not all, groundfish
species throughout the year.
Normally, this annual notice in the Federal Register would review
the prior year's OYs, management measures (trip limits), and relate
that experience to the next year's management recommendations. This
history is not included here because it is largely inapplicable to the
different type of management used in 2000. (The history of management
in 1999 is documented in the Council's SAFE document, and the actual
Federal Register notices are available from the Government Printing
Office (GPO) or NMFS home pages listed under Electronic Access.)
In establishing priorities for management in 2000, the following
goals were used by the Council's Groundfish Management Team
(Supplemental GMT Report G.7.(3)., November 1999): (1) Prevent
overfishing, especially of depleted and overfished groundfish stocks;
(2) manage consistent with rebuilding bocaccio, lingcod, and POP; (3)
maximize harvest opportunities for non-depleted stocks while
minimizing, to the extent practicable, the discard mortality of species
of concern; (4) provide equitable harvest opportunity for both
recreational and commercial sectors; and (5) maintain year-round
commercial groundfish fishing opportunities to the extent possible.
A number of assumptions and considerations were involved in
developing the management recommendations for 2000. Dover and petrale
sole move into deeper water during the winter and can be harvested with
minimal bycatch of bocaccio, canary rockfish, and other shelf species
during those months. It is possible to catch widow rockfish, or a mix
of widow and yellowtail rockfish, with minimal bycatch of canary
rockfish if midwater trawl gear is used. If a vessel fishes for widow
or yellowtail rockfish with bottom trawl gear (as specified at 50 CFR
660.302 and 660.322 before any distinction was made for footrope size),
there will be greater incidental catch of canary rockfish. Therefore,
it is neither possible to maintain a year-round fishery with bottom
trawl gear for all groundfish species without an unacceptable level of
bycatch, nor is it possible to maintain a year-round commercial fishery
if all (or even most) limited entry vessels participate all year.
Similarly, recreational effort needs reduction to achieve a year-round
fishery. By promoting different fishing strategies at different times
of the year, some bycatch can be avoided, but to accomplish this, trip
limits, bag limits, size limits or gear restrictions for several
additional species and/or species groups are required in 2000. The
Council also abandoned the January-March 3-month cumulative trip limit
period because it attracted additional effort on some species at the
beginning of the year. Instead, it adopted 2-month and 1-month
cumulative trip limit periods. The 2-month periods are intended to
provide a reasonable target opportunity for healthier stocks, whereas
the small, 1-month cumulative trip limits are intended to provide for
landings of unavoidable incidental catch and/or increased flexibility
in changing limits at the end of the year.
The lack of current discard information, which results from the
lack of an at-sea monitoring program, makes it difficult to assess the
success or failure of the proposed management measures. The Council is
taking steps to improve its ability to assess bycatch by designing an
at-sea observer program that can be implemented as soon as funding
becomes available. In the meantime, the Council must use the best
information available to it. As in past years, an estimate of discards
(as described above in Section I) is subtracted from applicable
allocations (generally limited entry allocations), and inseason
management is designed to achieve a landed-catch equivalent that is
lower than the allocation.
After hearing the GMT's proposals, the advice of its advisory
subpanels, and considerable public testimony at its November 1999
meeting, the Council recommended the following actions for management
in 2000.
Limited Entry Trawl
For the limited entry trawl fishery, the Council recommended a
suite of season, gear and cumulative trip limits, designed to encourage
fishing with gear in times and areas where bycatch of overfished or
depleted species will be minimized. The Council recommendations
introduce differential trip limits for limited entry trawlers operating
with different trawl gear configurations: bottom trawl with footropes
greater than 8 inches (20.5 cm) in diameter; bottom trawl with
footropes smaller than 8 inches (20.5 cm) in diameter; and midwater or
pelagic trawl. Trawling with footropes that have roller gear or other
large gear designed to bounce over tough rockpiles tends to allow those
vessels greater access to areas where several of the overfished species
congregate. Therefore, landings of shelf rockfish are prohibited if
large footrope trawls (roller gear) are used; small amounts of shelf
rockfish bycatch may be landed if small footrope trawls are used; and,
targeting healthy shelf rockfish stocks is encouraged only if midwater
trawls are used. Fishers testified at the November 1999 Council meeting
that, for a vessel owner using footrope with rollers and bobbins
greater than 8 inches (20.5 cm) in diameter, it would not be difficult
or costly to modify the gear to get an overall footrope diameter
smaller than 8 inches (20.5 cm). The Council initially discussed
limiting the small footrope diameter to 7 inches (18 cm) rather than 8
inches (20 cm), but adopted 8 inches (20 cm) in recognition of the
variability in producing 7-inch (18 cm) rollers and bobbins. However,
because this tolerance is built in, there will be no exceptions to the
8-inch (20 cm) diameter requirement--the footrope must not exceed 8
inches (20 cm) anywhere along its length.
The Council also prohibited the use of chafing gear on the body of
small footrope trawls. Chafing gear protects the net from snagging when
it drags against rock piles or the sea floor. The prohibition against
chafing gear makes the net more vulnerable to tears, and so encourages
fishers to operate in less damaging areas.
Trawl vessels using large footrope gear (with footropes greater
than 8 inches (20 cm) in diameter) are prohibited from landing
nearshore and shelf rockfish and most flatfish species because their
ability to fish in rocky areas would result in high incidental catch of
species that are depleted or that cannot withstand additional fishing
effort. Although vessels are not prohibited from using large footropes
in
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nearshore and continental shelf areas, they are not allowed to retain
and sell most of the fish they could catch there, which should act as a
significant disincentive to operate in those areas. Large footrope
trawls may still be used on deepwater species of the continental shelf
and slope, primarily Dover and rex soles, thornyheads, sablefish, and
deepwater rockfish, because they encounter fewer of the species needing
protection in these areas. Part of the year, predominantly winter
months, large footrope trawls may also be used to harvest arrowtooth
flounder and petrale sole, but small footrope trawls are required the
rest of the year (Table 3). In addition, new trip limits are imposed
for arrowtooth flounder from January-April and from November-December
to discourage targeting on POP. The lingcod trawl fishery is closed
during those same months, January-April and November-December, with
only a bycatch level trip limit (400 lb (181 kg) per month) available
from May-October, and an increased size limit (from 24 inches (61 cm)
to 26 inches (66 cm) south of 40 deg.10' N. lat. The lingcod closures
in the winter will reduce the overall harvest and will protect spawning
fish and males guarding their nests.
Another part of the strategy to allow harvest of relatively
abundant stocks without affecting depleted ones involves the use of
midwater trawl gear, which is effective at harvesting species above the
ocean floor, with little or no bycatch of bottom-dwelling species such
as canary rockfish. The Council believes the only way the widow
rockfish OY may be reached without affecting canary rockfish is with
midwater trawl gear. This gear may also be the best way to harvest
chilipepper and yellowtail rockfish without catching canary rockfish.
Consequently, larger 2-month cumulative trip limits are provided for
vessels using midwater trawl gear to harvest widow, yellowtail, and
chilipepper rockfish. If a fisher chooses to carry more than one type
of trawl gear on board, the landing will be attributed to the gear on
board with the most restrictive limit. To land the maximum amounts of
widow, yellowtail and chilipepper rockfish, vessels will be required to
have only midwater trawl gear onboard.
The industry is forewarned that there is no guarantee that these
higher midwater trawl limits will be available throughout the year, or
in future years, and cautions fishers to consider before purchasing new
gear whether investing in new midwater trawl gear is cost effective.
The review of groundfish productivity is expected to indicate lower OYs
in 2001 and beyond.
Limited Entry Fixed Gear
The limited entry fixed gear fishery starts the year with the same
limits as the limited entry trawl fishery when there is no distinction
based on type of trawl gear. It has the same limits as the small
footrope trawl fishery when there is a trawl gear distinction, except
for shortspine thornyheads, sablefish and nearshore rockfish coastwide
and shelf rockfish south of 40 deg.10' N. lat. In fact, the fixed gear
cumulative trip limits for minor shelf rockfish, canary rockfish,
yellowtail rockfish, and bocaccio are the same as for the small
footrope trawl fishery except for the closed periods for the fixed gear
fishery south of 40 deg.10' N. lat.
The higher midwater trawl limits are not appropriate for fixed
gear. Midwater trawls can be used to selectively harvest relatively
large quantities of widow, yellowtail, and chilipepper rockfishes above
the sea floor, with minimal incidental catch of overfished species and
at levels far exceeding recent landings by most fixed gear. There are
no comparable and enforceable ways to modify fixed gear to keep it off
the bottom and away from overfished species on the continental shelf.
The fixed gear fishery for widow rockfish is provided with a
cumulative trip limit of 3,000 lb (1,361 kg) per month in 2000, between
the 30,000-lb (13,608 kg) 2-month midwater trawl limit and the 1,000-lb
(454 kg) per month small footrope trawl cumulative limit, but the limit
is higher than the actual amount landed by most fixed gear vessels in
1999. From January-July 1999, only 3 of 120 limited entry fixed gear
vessels landed more than 1,000 lb (454 kg) per month of widow rockfish,
and so were not constrained by the much higher cumulative trip limits.
The fixed gear limit for yellowtail rockfish in 2000 kept at the
same level as for small footrope trawl gear, 1,500 lb (680 kg) per
month, with the intent that this limit will accommodate incidental
catch rather than a target fishery. This limit will restrict the fixed
gear fleet somewhat. From January-July 1999, 8 of 76 limited entry
fixed gear vessels landed more than 1,400 lb (635 kg) of yellowtail
rockfish in a month.
The 2000 chilipepper limit of 2,000 lb (907 kg) per month is
maintained at a lower level than trawl gear, consistent with recent
landings, because bocaccio are caught in fixed gear fisheries for
chilipepper.
The fixed gear fishery for shortspine thornyheads is maintained at
the same 1,000 lb (454 kg) per month limit year round, whereas the
trawl fishery allows for higher catches in the winter (averaging 1,500
lb (680 kg) per month) when the deepwater Dover sole, sablefish,
thornyhead fishery occurs, and smaller catch in the summer (averaging
500 lb (227 kg) per month) when the Dover sole fishery also is
curtailed. However, if the monthly averages are compared, both the
fixed gear and trawl fisheries have the same average cumulative trip
limit amount of 1,000 lb (454 kg) per month.
The fixed gear sablefish fishery is managed under regulations at 50
CFR 660.323(a)(2) that provide for 2 seasons (the regular and mop-up
seasons) during which cumulative trip limits apply. The rest of the
year is designated for the ``daily trip limit'' (DTL) fishery, which is
restricted by the pounds of sablefish that may be landed in each day
(300 lb (136 kg) north of 36 deg. N. lat., and 350 lb (159 kg) south of
36 deg. N. lat.; daily trip limits may not be exceeded. However, they
also are counted toward a 2-month cumulative limit of 2,100 lb (953
kg). An option was added for the fishery south of 36 deg. N. lat., in
which a fisher could opt to make one landing above 350 lb (159 kg) but
no more than 1,050 lb (476 kg) in a week. This option continues in
2000, and a new option is also provided for the fishery north of
36 deg. N. lat., but only through April 30, 2000. Instead of taking 300
lb (136 kg) per day, not to exceed 2,100 lb (953 kg) per 2 months, a
fisher may choose to make one landing above 300 lb (136 kg) but less
than 600 lb (272 kg) per week, which will count toward an 1,800 lb (816
kg) 2-month cumulative limit. This northern option will end on April
30, 2000, and will be reevaluated but will not be reinstated before
July 1, 2000.
For commercial fisheries, direct targeting and opportunities to
take overfished species as bycatch will be severely curtailed. Nontrawl
gear generally has greater access than trawl gear to rockfish living on
and around high relief rockpiles. To prevent commercial nontrawl gear
vessels from fishing on nearshore rockfish, shelf rockfish, and lingcod
during periods when the recreational fisheries for those species are
closed, the Council recommended also closing commercial fixed gear
fishing for those species during the same areas and periods--all
limited entry fixed gear (pot and longline) south of 40 deg.10' N. lat.
will be prohibited from landing any nearshore and shelf rockfish for 2
of the first 4 months of the year (January-February south of 36 deg. N.
lat., and March-April from 40 deg.10' N. lat. to 36 deg. N. lat.).
Concurrent closures are expected to achieve the conservation goals
while
[[Page 235]]
reducing the competitive hostility that sometimes occurs when one gear
type is allowed to fish while the other gear type is not. The Council
expects that these commercial closures will also reduce the chance that
a commercial vessel could take advantage of the recreational closure to
target known rockfish hotspots available only to nontrawl gear.
Open Access (Hook-and-Line, Troll, Pot, Setnet, Trammel Net)
As in 1999, the open access fishery is managed separately from the
limited entry fixed gear fishery. As in the past, open access
cumulative trip limits continue to be applied mostly to 1-month
periods, and thornyheads may not be taken and retained north of 36 deg.
N. lat. However, some significant changes also occur in 2000. Nearshore
and shelf rockfish taken with nontrawl open access gear (hook-and-line,
troll, pot, setnet and trammel net) south of 40 deg.10' N. lat., may
not be possessed or landed for 2 of the first 4 months of the year
(January-February south of 36 deg. N. lat., and March-April from
40 deg.10' N. lat. to 36 deg. N. lat.), concurrent with limited entry
fixed gear and recreational rockfish closures in the same areas and for
the same reasons mentioned above for limited entry nontrawl fisheries.
Similarly, the lingcod fishery for all open access nontrawl gears is
subject to the same closure, size limits, and cumulative trip limits as
limited entry fixed gear. A provision was designed for open access
vessels fishing for minor nearshore rockfish north of 40 deg.10' N.
lat. The Council wanted to provide a continued opportunity to nearshore
fishers to selectively harvest black and blue rockfish, while
discouraging excessive harvest of other nearshore species. This is
intended to correct the trend of increased effort on other nearshore
rockfish in recent years. Consequently, the cumulative trip limit
provides for landings of 1,000 lb (454 kg) per month of nearshore
rockfish, of which no more than 500 lb (227 kg) may be species other
than black or blue rockfish.
In 1998 and previous years, most open access limits were linked to
(and could not exceed) limited entry limits, so that the open access
monthly cumulative limits for most species were 50 percent of the
limited entry 2-month cumulative limits for those species. Since 1999,
open access cumulative limits are no longer linked to limited entry
cumulative limits. Open access cumulative limits may exceed those for
limited entry. In 2000, NMFS clarifies that if a vessel with a limited
entry permit uses open access gear (including exempted trawl gear) and
the open access cumulative limit is larger, the vessel will be
constrained by the smaller, limited entry cumulative limit for the
entire cumulative period.
Open Access Exempted Trawl Gear
Open access exempted trawl gear (used to harvest spot and ridgeback
prawns, California halibut, sea cucumbers, or pink shrimp) is managed
with both ``per trip'' limits and cumulative trip limits. These trip
limits are the same as in 1999, except there are no special sublimits
for sablefish, and the other open access limits apply but cannot exceed
the overall groundfish limits. The limits are 500 lb (227 kg) of
groundfish per day, not to exceed 2,000 lb (907 kg) per trip in the
pink shrimp fishery, and 300 lb (136 kg) per trip by the other exempted
trawl gears. The trip limits for the pink shrimp fishery will be
reconsidered at the March or April Council meeting.
Recreational Fishery
The recreational fishery is also restricted for conservation
reasons, particularly for lingcod and bocaccio that have significant
recreational catches. Washington, Oregon, and California each proposed,
and the Council recommended, different combinations of seasons, bag
limits and size limits to best fit the needs of their recreational
fisheries, while meeting the required conservation burden.
For lingcod, Washington closed the recreational fishery for 5
months (January-March, November-December) and lowered the bag limit
from two to one fish, while maintaining the 24-inch (61 cm) minimum
size limit. Oregon maintained its two lingcod bag limit and 24-inch (61
cm) size limit, but added a 34-inch (86 cm) maximum size limit.
California also maintained its two lingcod bag limit, but increased the
minimum size to 26 inches (66 cm) and closed the lingcod season
January-February south of 36 deg. N. lat. and March-April from
40 deg.10' N. lat. to 36 deg. N. lat. As recently as 1998, all three
states had three lingcod bag limits and lacked closed seasons for this
species. The recreational harvest off California is expected to be
reduced by 22 percent as a result of the higher minimum size limit for
lingcod.
To prevent overfishing and rebuild overfished rockfish, the states
took a number of additional actions. Washington maintained its 10
rockfish bag limit, but added that no more than 2 could be canary
rockfish and no more than 2 could be yelloweye rockfish, a species on
which overfishing occurred in 1999. (Yelloweye are not common in trawl
catches.) Oregon reduced its 15 rockfish bag limit to 10, of which no
more than 3 may be canary rockfish. California reduced its rockfish bag
limit from 15 to 10, maintained its canary rockfish sublimit of 3 fish,
and also maintained its bocaccio sublimit of 3 fish, but imposed a new
10-inch (25 cm) minimum size limit for bocaccio, and limited cowcod to
one fish per landing, not to exceed two per boat. California also
recommended a 3-hook per pole limit for rockfish and lingcod. For
bocaccio, the 10-inch (25 cm) minimum size off California was adopted
to discourage the targeting of young fish off piers and jetties.
Bocaccio smaller than 10 inches (25 cm) are particularly available to
this shallow water fishery during their first year of life, before they
have had an opportunity to mature and spawn. The strong year class seen
in 1999 and expected in 2000 is of particular concern. However, fish
caught off piers and jetties do not suffer from decompression and are
expected to have high survival if returned quickly to sea.
To assist in species identification, the entire skin must remain on
rockfish filets. This requirement provides a more effective means of
enforcing reductions in bag limits for rockfish, in general, and for
bocaccio, cowcod, and canary rockfish, in particular, because it is
difficult to accurately distinguish among rockfish species unless the
entire skin is attached.
Size limits are imposed on the following three species that had not
been individually managed under the FMP to protect young fish in
nearshore waters off California: cabezon, 14 inch (36 cm) size limit;
kelp greenling, 12 inch (30 cm) size limit; and California scorpionfish
(also called ``sculpin''), 10 inch (25 cm) size limit. The new, or
increased, recreational size limits apply to species that are of
commercial and recreational importance and for which there is a need
for conservation. Furthermore, these species are harvested in waters
that are shallow enough to ensure a high likelihood of survival
following capture and release. For cabezon, greenling, and California
scorpionfish, the minimum size limits are intended to provide at least
50 percent of adult females of each species with an opportunity to
spawn at least once. Identical commercial size limits were adopted by
the California in 1999 for these three species.
Different season closures were chosen for the Monterey and
Conception areas in order to maximize benefits to bocaccio and canary
rebuilding, while limiting disruption to the overall recreational
fishery to 2-month periods. Over 40 percent of annual recreational
[[Page 236]]
landings of bocaccio in southern California occur during January and
February, so prohibiting rockfish landings during those months has the
highest potential benefit for bocaccio. In the Monterey area, about 25
percent of the annual canary rockfish landings occur during March and
April, which is a greater proportion than during any other 2-month
period. March-April also accounts for a comparatively high proportion
of the bocaccio catch in the Monterey area. Consequently, season
closures were chosen to correspond with the 2-month periods of greatest
benefit for bocaccio and canary rockfish in the Conception and Monterey
areas. Furthermore, season closures allow for modestly higher trip and
bag limits than otherwise would be possible under year-round fishing,
which is expected to result in fewer discards than otherwise would
occur. Concurrent seasons for recreational and commercial nontrawl
fisheries are more cost effective to enforce than staggered seasons and
minimize conflicts between commercial nontrawl and recreational fishers
that fish for nearshore and shelf rockfish.
Other Provisions
Other provisions for the 1999 fisheries not explicitly addressed
above remain in effect and are repeated in paragraph IV. of this
document. For example, the optional platooning system that was
initiated in 1997 remains in effect that enables the limited entry
trawl fleet to provide a more consistent supply of fish to processors.
The choice of platoon applies to the permit for the entire calendar
year, even if the permit is sold, leased, or otherwise transferred. The
platoon system is experimental and, although it is continued in 2000,
it may not be continued in the future if the Council decides that the
benefit does not outweigh technical and administrative burdens.
Harvest rates and landings will be monitored throughout the year
and cumulative limits may be raised or lowered to provide access to the
OYs, allocations, and harvest guidelines, but only if consistent with
the management measures implemented to protect and rebuild overfished
species.
The management measures for the limited entry fishery are found in
Section IV. Most cumulative trip limits, size limits, and seasons for
the limited entry fishery are explained in Tables 3 and 4 of section
IV. However, the limited entry nontrawl sablefish fishery, the midwater
trawl fishery for whiting, and the hook-and-line fishery for black
rockfish off Washington are managed separately from the majority of the
groundfish species and are not fully discussed in the tables. Their
framework management structure has not changed since 1999, except for
the level of trip limits for sablefish and whiting, and is described in
paragraphs IV.B.(2)-(4) of section IV.
Reducing Bycatch
The Magnuson-Stevens Act defines bycatch as ``fish which are
harvested in a fishery, which are not sold or kept for personal use,
and include economic discards and regulatory discards.'' In the Pacific
Coast groundfish fishery and in many other fisheries, the term bycatch
is commonly used to describe nontargeted species that are landed and
sold or used, and the term ``discard'' is used to describe those that
are not landed or used. Bycatch (as defined by the Magnuson-Stevens
Act) information in the groundfish fishery is scarce. However, the
groundfish management measures include provisions to reduce trip limit
induced bycatch and to account for that bycatch when establishing ABCs
and monitoring harvest levels.
Based on limited studies in the mid-1980s and information on
species compositions in landings, the Council has developed assumed
discard rates for sablefish, longspine and shortspine thornyheads,
widow rockfish, canary rockfish, yellowtail rockfish, Dover sole, and
lingcod (see I. Final Specifications). These discard rates are used to
calculate an amount of assumed discard that is subtracted from the
annual total catch OY to yield a landed catch equivalent. Although
there is no exact measure of bycatch amounts in most fisheries, the
assumed amounts are taken into account in this way to prevent total
landings from exceeding the ABC. Certain species are also managed
within mixed-stock groups, like the ``DTS complex'' of Dover sole,
thornyheads, and sablefish. For groundfish multispecies management,
trip limits are set to match the known species catch proportions, which
may mean reducing trip limits on some of the more abundant species to
prevent bycatch of less abundant species, or setting trip limits at
levels that vary throughout the year according to when particular
stocks are most aggregated. The cumulative trip limit system is
designed to encourage fishers to direct effort on particular species
when those species are aggregated or when bycatch species are less
available. Longer cumulative limit periods than in 1998 when no more
than 60 percent of a 2-month cumulative limit could be taken in either
of the months, coupled with trip limits that recognize species
distribution throughout the fishing year, will also reduce the
opportunities for discarding groundfish in excess of trip limits. In
addition, the new trawl-gear specific trip limits discussed elsewhere
will also reduce bycatch.
Fishing Communities and Impacts
The Magnuson-Stevens Act requires that actions taken to implement
FMPs be consistent with 10 national standards, one of which requires
that conservation and management measures ``take into account the
importance of fishery resources to fishing communities in order to (A)
provide for the sustained participation of such communities, and (B) to
the extent practicable, minimize adverse economic impacts on such
communities.'' Commercial and recreational fisheries for Pacific coast
groundfish contribute to the economies and shape the cultures of
numerous fishing communities in Washington, Oregon, and California. In
setting this year's specifications and management measures, the Council
took several steps to accommodate the needs of those communities within
the constraints of requirements to rebuild overfished stocks and to
prevent overfishing. In general, the Council allows the largest harvest
possible, consistent with conservation needs of the fish stocks.
For two of the three overfished species (lingcod and bocaccio), the
Council could have prohibited all landings of these species, despite
knowing that lingcod and bocaccio are caught in mixed-stock fisheries
and that interception and incidental mortality are inevitable whether a
retention prohibition is in place or not. Instead, the Council looked
for some minimum level of retention in both commercial and recreational
fisheries that would allow fishery participants to land some of their
incidental catch of lingcod and bocaccio. As it has done with POP for
years, the Council's goal was to set retention at some minimal level
that would discourage targeting, while allowing fishers to land
already-dead, incidentally caught fish. The retention levels allowed
for each of these species are below the overfishing level and allow
rebuilding, but do recognize that some unintentional catch will occur.
In addition to these measures that cushion the socio-economic impacts
of necessary stock protection restrictions, the Council continued the
year-round fishery opportunity that is important to the fishing and
processing sectors, in order to maintain a continuity of employment
opportunity in fishing communities. The Council modified the cumulative
trip limit system that has been used in recent years to extend the
fishing season throughout the year by providing opportunities for at
least
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some groundfish species and by adopting trawl gear restrictions. These
gear restrictions through operational and economic incentives, will
prevent bottom trawl fishing with roller gear for some species and
encourage use of midwater trawl and small footrope trawls on the
continental shelf where most overfished species occur. These strategies
were developed by a group of industry participants and representatives
in consultation with the GMT as to achieve conservation goals while
minimizing impacts on the industry and coastal communities.
Nonetheless, the impacts on some fishers and communities will be
severe, particularly those without alternative opportunities. New,
lower harvest levels will cause economic hardship in many Pacific Coast
fishing communities. Depending on the base year(s) of comparison (1999
or 1995-97), the estimates of loss in ex-vessel revenues for the year
2000 range from something greater than $3 million to at least $15
million. Doubling these figures would provide a reasonable
approximation of loss in income to fishing communities. A study
sponsored by the Oregon suggests that Oregon fishing communities will
suffer a loss in income of about 33 percent (about $20 million) in the
year 2000 compared to their income in 1995. Although, the estimates
assume that OYs of all managed species will be entirely harvested, this
is unlikely to occur. If all OYs are not fully harvested, the above
values probably underestimate the economic impact of the 2000
management measures. Some amounts of healthy stocks will not be fully
harvested because their harvest will be constrained by regulations
designed to protect co-occurring overfished species. Participation in
the fishery may also decline in response to more restrictive management
measures, but we cannot predict how participation might change and how
much harvest might be reduced by that change. The distribution of the
economic impact will depend on how well the user groups can adapt to
the restrictions. In some instances some user groups, particularly
those able to use midwater trawl gear, will have a greater opportunity
to harvest in the year 2000 than in 1999, because the Council
recommended new gear restrictions encouraging fishers to use gear that
reduces incidental catch of the depleted rockfish. Other fishers will
not be able to maintain a viable operation at the reduced harvest
levels. The Council prepared a draft Community Impact Assessment
document which was available for public review at the November Council
meeting, and the EA/RIR prepared for this action also discusses the
economic and social effects on coastal communities (see ADDRESSES).
Designated Species B Permits
Designated species B permits may be issued if the limited entry
fleet will not fully utilize the OY for Pacific whiting or shortbelly
rockfish. Whiting is clearly fully utilized by the limited entry
fishery, and has been for years. Shortbelly rockfish and whiting are
taken predominantly with limited entry trawl gear. The open access
fishery is prohibited from using trawl gear to target groundfish.
Therefore the likelihood of interest in, or issuance of, Designated
Species B permits for an open access fishery for whiting or shortbelly
rockfish is remote. NMFS has determined that the limited entry fleet
intends to use the entire OY for Pacific whiting and shortbelly
rockfish, and, therefore, NMFS does not expect to issue Designated
Species B permits in 1999.
Summary of Management Changes in 2000
Section IV below incorporates the regulatory text that applies to
fishers operating in the Pacific coast groundfish fishery in 2000. Many
provisions are the same as in 1999, but a number of revisions and
format changes have been made. New cumulative trip limit periods are
announced at IV.A.(1)(c), that apply to both limited entry and open
access fisheries, as applicable. Explanations of size limit
measurements and conversions for sablefish and lingcod are moved into
paragraph IV.A.(6), although the actual size limits appear in Tables 3-
5. Paragraph IV.A. (11) is revised to clarify how cumulative trip
limits are applied for a limited entry vessel operating in the open
access fishery if the open access limit is larger than the limited
entry limit. Paragraph IV.A.(13) is expanded to include a list of
species that must be sorted. New gear restrictions for the limited
entry fishery appear in paragraph IV.A.(14); cumulative trip limits
differ for many species depending on the type of trawl gear used. The
first day of the major cumulative limit periods, that establish when
limited entry permit transfers must be completed, is announced in
paragraph IV.A.(15). Platooning dates for the year 2000 are listed in
paragraph IV.A.(16). The geographic coordinates in paragraph (19) are
updated by adding the new cumulative trip limit management line (the
``north/south line'') at 40 deg.10' N. lat. New classifications of
nearshore, shelf, and slope rockfish are added at paragraph IV.A.(20),
and minor rockfish species are listed in Table 2. The trip limits have
been converted from text into tables, with explanations in Section IV.
However, the industry is cautioned not to rely on the tables alone. The
text in Section IV. provides cumulative trip limit definitions and
periods, size limit definitions and conversions, and other information
that cannot be readily included in a table but must be understood in
order to use the tables correctly. The sablefish allocations and
nontrawl sablefish management, Pacific whiting allocations and seasons,
and ``per trip'' limits for black rockfish off Washington State are
still presented in text in paragraphs IV.B. Discussion of trip limits
for exempted trawl gear in the open access fishery (paragraph IV.C.),
recreational management measures (paragraph IV.D.), and tribal
allocations and management measures (paragraph V.) also still remain in
text.
How to Use the Trip Limit Tables
Cumulative trip limits are applied during the time periods
indicated in Tables 3-5 of Section IV. The cumulative trip limit may be
taken at any time within the applicable cumulative trip limit period.
All cumulative trip limit periods start at 0001 hours, local time, on
the specified beginning date, except for ``B'' platoon trawl vessels
whose limits start on the 16th of the month (see paragraph IV.A.(16).
Example 1: Line 2 of Table 3 for the limited entry trawl fishery
means--North of 40 deg.10' N. lat., the cumulative trip limit for minor
slope rockfish is 3,000 lb (1,361 kg) per 2-month period; the 2-month
periods are January 1-February 29 and March 1-April 30.
Example 2: The trip limits for bocaccio on Table 4 for limited
entry fixed gear mean: From January 1 through February 29, the trip
limit for bocaccio between 40 deg.10' N. lat. and 36 deg. N. lat. is
300 lb (136 kg) each month. However, the fishery for bocaccio is closed
from March 1-April 30, which means bocaccio may not be taken, retained,
possessed or landed between 40 deg.10' N. lat. and 36 deg. N. lat.
during that time period. The cumulative trip limit increases to 500 lb
(227 kg) per month on May 1, but a fisher may not fish ahead on that
amount (see paragraph IV.A.(2)). Bocaccio taken and retained north of
40 deg.10' N. lat. are not explicitly mentioned in the table, which
means they are included in the trip limit for ``minor shelf rockfish-
north'' (see footnote 6 of Table 4).
[[Page 238]]
Emergency Rule
In the past, annual management measures have been primarily set
through ``routine'' management procedures which consisted of adjusting
commercial trip limits and recreational bag limits. For most species,
the limited entry commercial trip limit did not vary with the type of
gear used. However, because of the drastic reductions in harvest limits
for many species and the multispecies characteristic of the fishery,
the existing routine management measures will not produce sufficient
and appropriately targeted harvest reductions. Therefore, the emergency
authority at section 305(c) of the Magnuson-Stevens Act must be used to
tailor the management measures to the needs of the stocks, while
allowing as much access to healthy stocks as possible.
The emergency authority is being used to implement and designate as
routine the following management measures. The new routine measures for
the commercial fishery include limited entry trip limits that may be
different based on type of gear used and closed seasons for lingcod and
rockfish. The new routine management measures for the recreational
fishery include size limits for canary rockfish, bocaccio, cabezon,
kelp greenling, and sculpin; closures for rockfish and lingcod; boat
limits for cowcod; a requirement to keep the skin on rockfish; a
prohibition on filleting cabezon; and hook limits. These new measures
will be used for the same purposes as the existing routine measures set
out at 50 CFR 660.323(b) and, in addition, for the purposes achieving
the rebuilding plans, reducing bycatch, preventing overfishing,
allowing the harvest of healthy stocks as much as possible while
protecting and rebuilding overfished and depleted stocks, and equitably
distributing the burdens of rebuilding among the sectors. The more
specific reasons behind the specific management measures are addressed
elsewhere in this notice. This emergency rule is effective for 180
days, July 3, 2000. NMFS anticipates extending the rule for an
additional 180 days in order for it to cover the entire 2000 fishing
season. During 2000, NMFS plans to amend the existing groundfish
regulations in order to implement rebuilding plans and to provide the
type of flexibility provided here.
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
2000, including those that are the same as in 1999.
A. General Definitions and Provisions
The following definitions and provisions apply to the 2000
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 follows:
(a) A 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 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, unless
otherwise specified. The cumulative trip limit periods for limited
entry and open access fisheries, which start at 0001 hours and end at
2400 hours (local time), are as follows, unless otherwise specified:
(i) The 2-month periods are: January 1-February 29, 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 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 at 50 CFR 660.302 (in the definition of
``landing''), once the offloading of any species begins, all fish
aboard the vessel are counted as part of the landing. Fishing ahead is
not allowed during or before a closed period (see paragraph IV.A.(7)).
(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 notice 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'' (TL), 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.
(b) ``Headed'' fish. For a fish with the head removed (``headed''),
the length is measured from the origin of the first dorsal fin (where
the front dorsal fin meets the dorsal surface of the body closest to
the head) to the tip of the upper lobe of the tail; the dorsal fin and
tail must be left intact.
(c) Sablefish size and weight limit conversions. The following
conversions apply to both the limited entry and open access fisheries
when size and trip limits are effective for those fisheries. For headed
and gutted (eviscerated) sablefish:
(i) The minimum size limit for headed sablefish, which corresponds
to 22 inches (56 cm) TL 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.)
(d) Lingcod size and weight conversions. The following conversions
[[Page 239]]
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) TL 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. (The State of Washington currently uses a conversion
factor of 1.5.)
(B) Gutted, with the head on. The conversion factor for lingcod
that has only been gutted is 1.1.
(7) Closure. ``Closure,'' when referring to closure of a fishery,
means that taking and retaining, possessing, or landing the particular
species or species group is prohibited. (See 50 CFR 660.302.) Unless
otherwise announced in the Federal Register, offloading must begin
before the time the fishery closes. [Note: Special provisions are made
for an at-sea closure at the end of the regular season for the
sablefish limited entry fishery. See 50 CFR 660.323(a)(2).] The
provisions at paragraph IV.A.(2) for fishing ahead do not apply during
a closed period. It is unlawful to transit through a closed area with
the prohibited species on board, no matter where that species was
caught.
(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 and emergency management measures.
(a) Routine management measures. 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. (See 50 CFR
660.323(b).)
(b) Emergency regulations. Management measures not previously
designated routine under 50 CFR 660.323(b) are implemented in this rule
and temporarily designated routine by this emergency rule, for the
reasons specified in 50 CFR 660.323(b) and for the purpose of achieving
the rebuilding plans, reducing bycatch, preventing overfishing,
allowing the harvest of healthy stocks as much as possible while
protecting overfished and depleted stocks, and equitably distributing
the burdens of rebuilding among the sectors. The new routine measures
for the commercial fishery include limited entry trip limits that may
be different based on type of gear used and closed seasons for lingcod
and rockfish. The new routine management measures for the recreational
fishery include size limits for canary rockfish, bocaccio, cabezon,
kelp greenling, sculpin; closures for rockfish and lingcod; boat limits
for cowcod; a requirement to keep the skin on rockfish; a prohibition
on filleting cabezon; and hook limits.
(c) Inseason changes. Inseason changes to routine (including
emergency) 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, 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 access gear, and the open access limit is
smaller than the limited entry limit, then the open access limit cannot
be exceeded and counts toward the limited entry limit. If a vessel has
a limited entry limit and uses open access gear, and 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. In short,
a vessel with a limited entry permit that uses both limited entry and
open access gear is constrained by the smaller of the two limits during
the entire cumulative trip limit period.
(12) Operating in areas with different trip limits. Trip limits for
a species or 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 2000, the
cumulative trip limit periods for the limited entry and open access
fisheries are specified in paragraph IV.A(1)(c), 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, then that vessel is
subject to the more restrictive trip limit for that trip limit period.
(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 harvest guideline, if the vessel fished or landed in an area during
a
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time when such trip limit, size limit, harvest guideline, or quota
applied.'' This provision applies to both the limited entry and open
access fisheries. (See 50 CFR 660.306(h), effective July 27, 1998.) The
following species must be sorted in 2000:
(a) For vessels with a limited entry permit:
(i) Coastwide--widow rockfish, canary rockfish, minor nearshore
rockfish, minor shelf rockfish, minor slope rockfish, shortspine and
longspine thornyheads, Dover sole, arrowtooth flounder, lingcod,
sablefish, and Pacific whiting;
(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, cowcod.
(b) For open access vessels (vessels without a limited entry
permit):
(i) Coastwide--widow rockfish, canary rockfish, minor nearshore
rockfish, minor shelf rockfish, minor slope rockfish, arrowtooth
flounder, other flatfish, lingcod, sablefish, and Pacific whiting;
(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, cowcod;
(iv) South of Point Conception--thornyheads.
(14) New Limited Entry Trawl Gear Restrictions in 2000. Limited
entry trip limits may vary depending on the type of trawl gear that is
onboard 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, running the
length of the net from the terminal (closed) end of the codend.
(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.
(b) Cumulative trip limits and prohibitions.
(i) Large footrope trawl. It is unlawful to take and retain,
possess or land the following species from a fishing trip if large
footrope gear is onboard and the trip is conducted at least in part
during the following periods: any species of shelf or nearshore
rockfish (defined at IV.A.(20) and Table 2 to Section IV), January 1-
December 31; any species of flatfish (as listed at 50 CFR 660.302 under
the definition of groundfish), January 1-December 31, with the
following exceptions--large footrope trawl gear may be used to take and
retain Dover sole and rex sole year-round, petrale sole from January 1-
February 29 and November 1-December 31, and arrowtooth flounder from
January 1-April 30 and November 1-December 31, but these exceptions
apply only on a trip that is conducted entirely during the periods in
which use of large footrope gear is authorized. (See Table 3). 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 will be
adjusted for the ``B'' platoon.
(ii) Small footrope or midwater trawl gear. Cumulative trip limits
for canary rockfish, widow rockfish, yellowtail rockfish, bocaccio,
chilipepper, minor shelf rockfish, minor nearshore rockfish, and
lingcod, and the ``per trip'' limit for cowcod, as indicated in Table 3
to Section IV, are allowed only if small footrope gear or midwater
trawl gear is used, and if that gear meets the specifications in
paragraphs IV.A.(14).
(iii) Midwater trawl gear. Higher cumulative trip limits are
available for limited entry vessels using midwater trawl gear to
harvest widow, yellowtail, or chilipepper rockfish. Each landing that
contains widow, yellowtail, or chilipepper rockfish is attributed to
the gear on board with the most restrictive trip limit for those
species. Landings attributed to small footrope trawl must not exceed
the small footrope limit, and landings attributed to midwater trawl
must not exceed the midwater trawl limit. If a vessel has landings
attributed to both types of trawls during a cumulative trip limit
period, landings attributed to small footrope gear are counted toward
the cumulative limit for midwater trawl gear. [Example: The cumulative
trip limit for widow rockfish is 30,000 lb (13,608 kg) per 2 month
period, of which no more than 1,000 lb (454 kg) per month may be
attributed to landings by small footrope trawl gear.]
(iv) More than one type of trawl gear on board. The cumulative trip
limits in Table 3 of section IV must not be exceeded. It is legal to
have more than one type of limited entry trawl gear on board, but the
most restrictive trip limit associated with the gear on board will
apply 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 chilipepper, even if the chilipepper is caught with a
small footrope trawl. If a vessel has both small footrope trawl and
midwater trawl gear onboard, the landing is attributed to the more
restrictive small footrope trawl limit, even if midwater trawl gear 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 have
indicated that they 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.
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 only on the first day of a major cumulative limit period (50 CFR
660.333(c)(1)), those days in 2000 are January 1, March 1, May 1, July
1, September 1, and November 1, and are delayed by 15 days (starting on
the 16th of a month) for the ``B'' platoon.
(16) Platooning--limited entry trawl vessels. Limited entry trawl
vessels are automatically in the ``A'' platoon, unless the ``B''
platoon is indicated on the limited entry permit. If a vessel is in the
``A'' platoon, its cumulative trip limit periods begin and end on the
beginning and end of a calendar month as in the past. If a limited
entry trawl permit is authorized for the ``B'' platoon, then cumulative
trip limit periods will begin on the 16th of the month (generally 2
weeks later than for the ``A'' platoon), unless otherwise specified.
(a) For a vessel in the ``B'' platoon, cumulative trip limit
periods begin on the 16th of the month at 0001 hours, local time, and
end on the 15th of the month. Therefore, the management
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measures announced herein that are effective on January 1, 2000, for
the ``A'' platoon will be effective on January 16, 2000, 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, 2000, through
January 15, 2000.
(c) Special provisions will be made for ``B'' platoon vessels later
in the year so that the amount of fish made available in 1999 to both
``A'' and ``B'' vessels is the same. (For example, a vessel in the
``B'' platoon could have the same cumulative trip limit for the final
period as a vessel in the ``A'' platoon, but the final period may be 2
weeks shorter, so that both fishing periods end on December 31, 2000.
Alternatively, the ``B'' platoon may have 6 weeks to take the
cumulative limits from the final 2 cumulative limit periods.)
(17) Exempted fisheries. U.S. vessels operating under an exempted
(formerly experimental) fishing permit issued under 50 CFR part 600
also are subject to these restrictions, unless otherwise provided in
the permit.
(18) Paragraphs IV.B. and IV.C. pertain to the commercial
groundfish fishery, but not to Washington coastal tribal fisheries,
which are described in Section V. The provisions in paragraphs IV.B.
and IV.C. that are not covered under the headings ``limited entry'' or
``open access'' apply to all vessels in the commercial fishery that
take and retain groundfish, unless otherwise stated. Paragraph IV.D.
pertains to the 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' 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.
(20) New rockfish categories in 2000. Rockfish (except thornyheads)
are divided into new categories north and south of 40 deg.10' N. lat.,
depending on the depth where they most often are caught: nearshore,
shelf, or slope. (The term Sebastes complex no longer is used.
Scientific names appear in Table 2.) New trip limits have been
established for ``minor rockfish'' species according to these
categories (see Tables 2-5).
(a) Nearshore rockfish consists entirely of the minor rockfish
species listed in Table 2.
(b) Shelf rockfish consists of shortbelly rockfish, widow rockfish
(Sebastes entomelas), yellowtail rockfish, bocaccio, chilipepper,
cowcod, and the minor shelf rockfish species listed in Table 2.
(c) Slope rockfish consists of Pacific ocean perch, splitnose
rockfish, and the minor slope rockfish species listed in Table 2.
Table 2.--Minor Rockfish Species (excludes thornyheads)
------------------------------------------------------------------------
(North of 40 deg.10' N. lat.) (South of 40 deg.10' N. lat.)
------------------------------------------------------------------------
NEARSHORE
------------------------------------------------------------------------
black, Sebastes melanops........... black, Sebastes melanops.
black and yellow, S. chrysolmelas.. black and yellow, S.
blue, S. mystinus.................. chrysolmelas.
brown, S. auriculatus.............. blue, S. mystinus.
calico, S. dalli................... brown, S. auriculatus.
China, S. nebulosus................ calico, S. dalli.
copper, S. caurinus................ California Scorpionfish.
gopher, S. carnatus................ Scorpaena guttata.
grass, S. rastrelliger............. China, S. nebulosus.
kelp, S. atrovirens................ copper, S. caurinus.
olive, S. serranoides.............. gopher, S. carnatus.
quillback, S. maliger.............. grass, S. rastrelliger.
treefish, S. serriceps............. kelp, S. atrovirens.
olive, S. serranoides.
quillback, S. maliger.
treefish, S. serriceps.
------------------------------------------------------------------------
SHELF
------------------------------------------------------------------------
bronzespotted, S. gilli............ bronzespotted, S. gilli.
bocaccio, S. paucispinis........... chameleon, S. phillipsi.
chameleon, S. phillipsi............ dwarf-red, S. rufinanus.
chilipepper, S. goodei............. flag, S. rubrivinctus.
cowcod, S. levis................... freckled, S. lentiginosus.
dwarf-red, S. rufinanus............ greenblotched, S. rosenblatti.
flag, S. rubrivinctus.............. greenspotted, S. chlorostictus.
freckled, S. lentiginosus.......... greenstriped, S. elongatus.
greenblotched, S. rosenblatti...... halfbanded, S. semicinctus.
greenspotted, S. chlorostictus..... honeycomb, S. umbrosus.
greenstriped, S. elongatus......... Mexican, S. macdonaldi.
halfbanded, S. semicinctus......... pink, S. eos.
honeycomb, S. umbrosus............. pinkrose, S. simulator.
Mexican, S. macdonaldi............. pygmy, S. wilsoni.
pink, S. eos....................... redbanded, S. babcocki.
pinkrose, S. simulator............. redstriped, S. proriger.
[[Page 242]]
pygmy, S. wilsoni.................. rosethorn, S. helvomaculatus.
redbanded, S. babcocki............. rosy, S. rosaceus.
redstriped, S. proriger............ silvergrey, S. brevispinis.
rosethorn, S. helvomaculatus....... speckled, S. ovalis.
rosy, S. rosaceus.................. squarespot, S. hopkinsi.
silvergrey, S. brevispinis......... starry, S. constellatus.
speckled, S. ovalis................ stripetail, S. saxicola.
squarespot, S. hopkinsi............ swordspine, S. ensifer.
starry, S. constellatus............ tiger, S. nigrocinctus.
------------------------------------------------------------------------
SLOPE
------------------------------------------------------------------------
aurora, S. aurora.................. aurora, S. aurora.
bank, S. rufus..................... bank, S. rufus.
blackgill, S. melanostomus......... blackgill, S. melanostomus.
darkblotched, S. crameri........... darkblotched, S. crameri.
rougheye, S. aleutianus............ Pacific ocean perch, S. alutus.
sharpshin, S. zacentrus............ rougheye, S. aleutianus.
shortraker, S. borealis............ sharpshin, S. zacentrus.
splitnose, S. diploproa............ shortraker, S. borealis.
yellowmouth, S. reedi.............. yellowmouth, S. reedi.
------------------------------------------------------------------------
B. Limited Entry Fishery
(1) General. Most species taken in limited entry fisheries will be
managed with cumulative trip limits (see paragraph IV.A.(1)(c), size
limits (see paragraph IV.A.(6)), and seasons (see paragraph (IV.A.(7)),
and the trawl fishery has new gear requirements and trip limits that
differ by the type of trawl gear on board (see paragraph IV.A.(14)).
Most of the management measures for the limited entry fishery are
listed above and in Tables 3 and 4, and may be changed during the year
by announcement in the Federal Register. However, the management
regimes for several fisheries (nontrawl sablefish, Pacific whiting, and
black rockfish) do not neatly fit into these tables and are addressed
immediately following Tables 3 and 4.
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(2) Sablefish. The limited entry sablefish allocation is further
allocated 58 percent to trawl gear and 42 percent to nontrawl gear. See
footnote e/ of Table 1a.
(a) Trawl trip and size limits. Management measures for the limited
entry trawl fishery for sablefish are listed in Table 3.
(b) Nontrawl trip and size limits. To take, retain, possess, or
land sablefish during the regular, or mop-up season for the nontrawl
limited entry 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 663.23(a)(2)(i). A sablefish endorsement is not
required to participate in the limited entry daily trip limit fishery.
(i) Regular and mop-up seasons. Starting and ending dates for the
regular and mop-up seasons, and the size of the cumulative trip limits
for the regular and mop-up seasons (see 50 CFR 660.323(a)(2)) will be
announced later in the year.
(ii) Daily trip limit--The daily trip limit, which is listed in
Table 4 and which applies to sablefish of any size, is in effect north
of 36 deg. N. lat. until the closed periods before or after the regular
season as specified at 50 CFR 660.323(a)(2), between the end of the
regular season and the beginning of the mop-up season, and after the
mop-up season. The daily trip limit for sablefish taken and retained
with nontrawl gear south of 36 deg. N. lat. also is listed in Table 4,
and continues throughout the year unless otherwise announced in the
Federal Register because the regular and mop-up seasons do not apply
south of 36 deg. N. lat.
(iii) Limit on small fish. During the ``regular'' and ``mop-up''
seasons, there is a trip limit in effect for 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.) This trip limit counts toward any other
cumulative trip limit that may be in effect. The size limit does not
apply during the daily trip limit fishery outside the regular and mop-
up seasons north of 36 deg. N. lat., nor does it apply at any time
south of 36 deg. N. lat.
(3) Whiting. Additional regulations that apply to the whiting
fishery are found at 50 CFR 660.306 and 50 CFR 660.323(a)(3) and
(a)(4).
(a) Allocations. The nontribal allocations are HGs, based on
percentages that are applied to the commercial OY of 199,500 mt in 2000
(see 50 CFR 660.323(a)(4)), as follows:
(i) Catcher/processor sector--67,830 mt (34 percent);
(ii) Mothership sector--47,880 mt (24 percent);
(iii) Shore-based sector--83,790 mt (42 percent). No more than 5
percent (4,190 mt) of the shore-based whiting allocation may be taken
before the shore-based fishery begins north of 42 deg. N. lat.
(iv) Tribal allocation--See paragraph V.
(b) Seasons. The 2000 primary seasons for the whiting fishery start
on the same dates as in 1999, 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 3, as authorized at 50 CFR 660.323(a)(3) and
(a)(4). This trip limit includes any whiting caught shoreward of 100
fathoms (183 m) in the Eureka area.
(ii) Inside the Eureka 100-fm 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 4 and 5 of Section IV. The crossover provisions at paragraphs
IV.A. (12) do not apply to the per trip limits.
C. Trip Limits in the Open Access Fishery
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 (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. The application of trip limits for vessels operating in
both limited entry and open access fisheries has been clarified
(paragraph IV.A.(11)). The crossover provisions at paragraph IV.A.(12)
that apply to the limited entry fishery apply to the open access
fishery as well. The cumulative limit periods initially are the same as
for the limited entry fishery (see paragraph IV.A.(1)(c)) but may be
changed during the year.
(1) All open access gear except exempt trawl gear. The trip limits,
size limits, seasons, and other management measures for open access
groundfish gear, except exempted trawl gear, are listed in Table 5. The
trip limit at 50 CFR 660.323(a)(i) for black rockfish caught with hook-
and-line gear also applies. (The black rockfish limit is repeated at
paragraph IV.B.4.)
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BILLING CODE 3510-22-C
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(2) Groundfish taken by exempted trawl gear (e.g., by vessels
engaged in fishing for spot and ridgeback prawns, California halibut,
and sea cucumbers.
(a) Trip limits. No more than 300 lb (136 kg) of groundfish may be
taken per vessel per fishing trip. Limits and closures in Table 5 also
apply and are counted toward the 300 lb (136 kg) groundfish limit. In
any landing by a vessel engaged in fishing for spot and ridgeback
prawns, California halibut, or sea cucumbers with exempted trawl gear,
the amount of groundfish landed may not exceed the amount of the target
species landed, except that the amount of spiny dogfish (Squalas
acanthias) landed may exceed the amount of target species landed. Spiny
dogfish are limited by the 300 lb (136 kg) per trip overall groundfish
limit. The daily trip limits for sablefish 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.
(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 part 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 pounds or
more in the round, 3 and one-half pounds or more dressed with the head
on, or 3 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.''
(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 part 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. The trip limit for a vessel engaged in fishing
for pink shrimp is 500 lb (227 kg) of groundfish per day, multiplied by
the number of days of the fishing trip, but not to exceed 2,000 lb (907
kg) of groundfish per trip. In any landing by vessels engaged in
fishing for pink shrimp, the amount of groundfish landed may not exceed
the amount of pink shrimp landed. Retention of thornyheads and lingcod
is prohibited in months when the open access fishery for these species
is closed. [This limit may be revised before the pink shrimp fishery
starts its next season in April 2000.]
D. Recreational Fishery
(1) California. For each person engaged in recreational fishing
seaward of California, the following seasons and bag limits apply:
(a) Rockfish.
(i) Seasons. South of Cape Mendocino and north of 36 deg. N. lat.,
recreational fishing for rockfish is closed from March 1 through April
30. South of 36 deg. N. lat., recreational fishing for rockfish is
closed from January 1 through February 29.
(ii) Bag limits, boat limits, hook limits. In times and areas when
the recreational season for rockfish is open, there is a 3-hook limit
per fishing line, and the bag limit is 10 rockfish per day (excluding
California scorpionfish), of which no more than 3 may be bocaccio
(Sebastes paucispinis), no more than 3 may be canary rockfish (S.
pinniger), and no more than 1 may be cowcod (S. levis). There is a per-
boat limit of 2 cowcod. 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.
(iii) Size limits. The following rockfish size limits apply:
bocaccio may be no smaller than 10 inches (25 cm), cabezon
(Scorpaenichthys marmoratus) may be no smaller than 14 inches (36 cm),
kelp greenling (Hexagrammos decagrammus) may be no smaller than 12
inches (30 cm), and California scorpionfish (Scorpaena guttata) may be
no smaller than 10 inches (25 cm).
(iv) Dressing/Fileting. Rockfish skin may not be removed when
fileting or otherwise dressing rockfish taken in the recreational
fishery. Cabezon taken in the recreational fishery may not be fileted
at sea.
(b) Lingcod. South of Cape Mendocino and north of 36 deg. N. lat.,
recreational fishing for lingcod is closed from March 1 through April
30. South of 36 deg. N. lat., recreational fishing for lingcod is
closed from January 1 through February 29. In times and areas when the
recreational season for lingcod is open, there is a 3-hook limit per
fishing line, and the bag limit is 2 lingcod per day, which may be no
smaller than 26 inches (66 cm) TL. 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.
(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) and no larger than 34'' (86 cm) TL; and
10 rockfish per day, of which no more than 3 may be canary 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 and no
more than 2 may be yelloweye rockfish (S. ruberrimus).
(b) Lingcod. Recreational fishing for lingcod is closed between
January 1, 2000 and March 31, 2000, and between November 1, 2000 and
December 31, 2000. When the recreational season for lingcod is open,
there is a bag limit of 1 lingcod per day, which may be no smaller than
24 inches (61 cm) TL.
V. Washington Coastal Tribal Fisheries
In late 1994, the U.S. government formally recognized that the four
Washington Coastal Tribes (Makah, Quileute, Hoh, and Quinault) have
treaty rights to fish for groundfish, and concluded that, in general
terms, the quantification of those rights is 50 percent of the
harvestable surplus of groundfish available in the tribes' usual and
accustomed (U and A) fishing areas (described at 50 CFR 660.324).
A tribal allocation is subtracted from the species OY before
limited entry and open access allocations are derived. The treaty
tribal fisheries for sablefish, black rockfish, and whiting are
separate fisheries, not governed by the limited entry or open access
regulations or allocations. The tribes regulate these fisheries so as
not to exceed their allocations.
The tribal allocation for black rockfish is the same in 2000 as in
1999. The tribal allocation for sablefish remains at 10 percent of the
landed catch OY and is the same as in 1999 at 713 mt.
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The tribal allocation for Pacific whiting is 32,500 mt for the year
2000. Initially for 2000, the Makah proposed 32,500 mt for the Makah
tribe alone, which was based on a long-term proposal developed by the
tribe in 1998, which had varying levels of Makah allocation based on
the level of the whiting OY. In addition, the Hoh tribe proposed 2,000
mt of whiting for a Hoh fishery. In subsequent discussions with a
representative of the Makah tribe, the Makah representative indicated
that the tribe is not fully certain that it will harvest the entire
32,500 mt in 2000. This is because the Makah allocation in 1999 was
larger than the 1998 allocation and the tribe did not take the entire
amount. In addition, because the Hoh fishery is new, and questions have
been raised about it, it is uncertain how much of the 2,000 mt
requested would actually be harvested. Therefore, NMFS believes the
32,500 mt should be adequate for the two tribes in the transitional
year of 2000.
The Council recommended adopting a 32,500 mt tribal whiting set
aside, the same amount as set aside in 1999. Some members of the
industry continue to oppose a tribal whiting allocation, or oppose the
level of allocation proposed by the tribes. NMFS, however, must provide
an appropriate tribal whiting allocation.
NMFS believes that Washington coast treaty tribes have treaty
rights to harvest half of the harvestable surplus of whiting found in
their respective usual and accustomed fishing areas, in accordance with
the legal principles elaborated in U.S. v. Washington. Under the legal
principles of that case, the question becomes one of attempting to
determine what amount of fish constitutes half the harvestable surplus
of Pacific whiting in the usual and accustomed fishing areas,
determined according to the conservation necessity principle. The
conservation necessity principle means that the determination of the
amount of fish available for harvest must be based solely on resource
conservation needs. This determination is difficult because, with the
exception of a case regarding Pacific halibut (Makah v. Brown, Civil
No. C-85-1606R and U.S. v. Washington, Civil No. 9213-Phase I,
Subproceeding No. 92-1 (W.D. Wash.)) most of the legal and technical
precedents are based on the biology, harvest, and conservation
requirements for Pacific salmon and shellfish, which are very different
from those for Pacific whiting. Quantifying the tribal right to whiting
is also complicated by data limitations and by the uncertainties of
Pacific whiting biology and conservation requirements. In 1996 the
Makah instituted a subproceeding in U.S. v. Washington, Civil No. 9213-
Phase I, Subproceeding No. 96-2, regarding their treaty right to
whiting, including the issue of the appropriate quantification of that
right. The quantification issue has not yet been resolved through
litigation or settlement. Taking into account the existing case law in
U.S. v. Washington, the proposal and supporting arguments of the Makah
tribe, the Hoh proposal, the comments from the Council and the public,
and the existing uncertainty surrounding the appropriate quantification
described above, NMFS is allocating 32,500 mt again in 2000 to the
coastal tribes. NMFS anticipates that, based on the tribal proposals,
the Hoh tribe will harvest up to 2000 mt and the Makah tribe will
harvest the remainder of the allocation. This 2000 amount of 32,500 mt
is not intended to set a precedent regarding either quantification of
the Makah or Hoh treaty rights or future allocations. NMFS will
continue to attempt to negotiate a settlement in U.S. v. Washington
regarding the appropriate quantification of the treaty right to
whiting. If an appropriate methodology or allocation cannot be
developed through negotiations, the allocation will ultimately be
resolved through litigation.
For some species on which the tribes have a modest harvest, no
specific allocation has been determined. Rather than try to reserve
specific allocations for the tribes, which may not be needed by the
tribes, NMFS is establishing trip limits recommended by the tribes and
the Council to accommodate modest tribal fisheries. For lingcod, all
tribal fisheries will be restricted to 300 lb (126 kg) per trip. Tribal
fisheries are not expected to take more than 2 mt of lingcod in 2000.
For the Sebastes complex and other rockfish species, the 2000 tribal
longline and trawl fisheries will operate under trip and cumulative
limits. Tribal fisheries will operate under 300 lb (136 kg) ``per
trip'' limits each for canary rockfish and for thornyheads, and under
the same trip limits as the limited entry fisheries for all other
rockfish. A 300 lb (136 kg) canary rockfish trip limit is expected to
result in landings of 10,000-15,000 lb (5-7 mt). A 300 lb (136 kg)
thornyhead limit is expected to result in landings of 9,000-10,000 lb
(4-5 mt). Because of the small expected tribal groundfish catch, it is
not anticipated that tribal trip limits will be reduced during the year
unless OY's are achieved, or unless inseason catch statistics
demonstrate that the tribes have taken half of the available harvest in
the tribal U and A fishing areas.
The Assistant Administrator (AA) announces the following tribal
allocations for 2000, including those that are the same as in 1999.
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 713 mt, 10 percent of the OY.
B. Rockfish
(1) For the commercial harvest of black rockfish off Washington
State, a HG 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 limited.
(4) As published in this notice. The limits will not change unless
the tribal limits are separately changed.
C. Lingcod
Lingcod are subject to a 300 lb (136 kg) trip limit.
D. Pacific whiting
The tribal allocation is 32,500 mt.
Classification
The final specifications and management measures for 2000 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).
This package of specifications and management measures is a
delicate balance designed to allow as much harvest of healthy stocks as
possible, while protecting overfished and other depressed stocks. Delay
in implementation of the measures could upset that balance and cause
harm to some stocks and it could require unnecessarily restrictive
measures later in the year to make up for the late implementation. 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 2000 fishing year, the AA
has
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determined that 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
September and November 1999 where these recommendations were
formulated. Additional public comments on the specifications and
management measures, including the emergency rule will be accepted for
30 days after publication of this document in the Federal Register.
There is no time burden for the public to come into compliance with
the harvest specifications and most management measures designed to
achieve those specifications that are announced by this rule. Although
some fishers may need to obtain some new gear components in order to
access some species, other species are available using gear as
currently configured. In addition, the Council was advised that the
industry should be able to obtain the necessary gear in a timely
manner. As described above, 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
Notice to Mariners, and Washington, Oregon, and California also
disseminate information. Therefore, the AA finds, under 5 U.S.C.
553(d)(3), as applicable, that it would be unnecessary or contrary to
the public interest to delay for 30 days the effective date of the
specifications and management measures.
The AA also finds that meeting rebuilding goals for overfished
stocks constitutes good cause to waive the requirement to provide prior
notice and the opportunity for public comment, pursuant to authority
set forth at U.S.C. 553(b)(B), as such procedures would be
impracticable. Similarly, the need to implement the emergency
regulations portions of this document in a timely manner to coincide
with the start of the 2000 fishing season on January 1, constitutes
good cause under authority contained in 5 U.S.C. 553(d)(3), not to
delay for 30 days the effective date of the emergency regulations.
This action has been determined to be not significant for purposes
of E.O. 12866.
Because prior notice and opportunity for public comment are not
required for the annual specifications and management measures, or for
the emergency rule portion of this action 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 not applicable.
NMFS issued Biological Opinions (BOs) under the Endangered Species
Act on August 10, 1990, November 26, 1991, August 8, 1992, September
27, 1993, and May 14, 1996, and a new BO was forwarded for signature
along with this action, and was signed on December 15, 1999. This
action pertains to the effects of the groundfish fishery on chinook
salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper
Columbia River, lower Columbia River, upper Willamette River,
Sacramento River winter, Central Valley, California coastal), chum
salmon (Hood Canal, Columbia River), sockeye salmon (Snake River,
Ozette Lake), steelhead (upper, middle and lower Columbia River, Snake
River Basin, upper Willamette River, central California, south-central
California, southern California), and Umpqua River cutthroat trout. The
BOs have concluded that implementation of the FMP for the Pacific Coast
groundfish fishery is not expected to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS, or result in the destruction or adverse
modification of critical habitat. This action is within the scope of
these consultations.
An Environmental Impact Statement (EIS) was prepared for the FMP in
1982 and Supplemental EISs were prepared for Amendments 4 (1990) and 6
(1992) in accordance with the National Environmental Policy Act (NEPA).
The alternatives considered and the environmental impacts of the
actions in this notice are not significantly different than those
considered in either the EIS or SEISs for the FMP, and the actions fall
within the scope of these analyses. An environmental assessment (EA)
prepared by the Council for the 2000 annual specifications and
management measures was the basis for this conclusion.
Dated: December 23, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 99-33966 Filed 12-27-99; 4:10 pm]
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