[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 419-443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34234]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 971229312-7312-01; I.D. 12167C]
Magnuson 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: 1998 groundfish fishery specifications and management measures;
tribal whiting allocation; announcement of exempted fishing permits;
request for comments.
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SUMMARY: NMFS announces the 1998 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 harvest guidelines (HGs), including the
distribution between domestic and foreign fishing operations. The HGs
are allocated between the limited entry and open access fisheries. The
management measures for 1998 are designed to keep landings within the
HGs, for those species for which there are HGs, and to achieve the
goals and objectives of the FMP and its implementing regulations. The
intended effect of these actions is to establish allowable harvest
levels of Pacific Coast groundfish and to implement management measures
designed to achieve but not exceed those harvest levels, while
extending fishing and processing opportunities as long as possible
during the year. This action also announces the approval of
applications to renew two exempted fishing permits (EFPs)in 1998.
DATES: Effective 0001 hours (local time) January 1, 1998, until the
1999 annual specifications and management measures are effective,
unless modified, superseded, or rescinded. The 1999 annual
specifications and management measures will be published in the Federal
Register. Comments on the 1998 annual specifications and management
measures, tribal whiting allocation, and EFPs will be accepted until
February 5, 1998.
ADDRESSES: Comments on these specifications and management measures,
tribal whiting allocation, and EFPs should be sent to Mr. William
Stelle, Jr., Administrator, Northwest Region (Regional Administrator),
National Marine Fisheries Service, 7600 Sand Point Way N.E., BIN
C15700, Bldg. 1, Seattle, WA 98115-0070; or Mr. William Hogarth, Acting
Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213. Information relevant to these
specifications and management measures, including an environmental
assessment (EA) and the stock
[[Page 420]]
assessment and fishery evaluation (SAFE) report, has been compiled in
aggregate form and is available for public review during business hours
at the office of the Regional NMFS (Regional Administrator), or may be
obtained from the Pacific Fishery Management Council (Council), by
writing to the Council at 2130 SW Fifth Avenue, Suite 224, Portland, OR
97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) 206-526-6140; or Svein Fougner (Southwest Region, NMFS) 562-980-
4034.
SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications
for groundfish be evaluated each calendar year, that HGs or quotas be
specified for species or species groups in need of additional
protection, and that management measures designed to achieve the HGs or
quotas be published in the Federal Register and made effective by
January 1, the beginning of the fishing year. This action announces and
makes effective the final 1998 fishery specifications and the
management measures designed to achieve them. These specifications and
measures were considered by the Council at two meetings and were
recommended to NMFS by the Council at its November 1997 meeting in
Portland, OR.
I. Final Specifications
The fishery specifications include ABCs, the designation of HGs or
quotas for species that need individual management, the apportionment
of the HGs or quotas between domestic and foreign fisheries, and
allocation between the open access and limited entry segments of the
domestic fishery. As in the past, the specifications include fish
caught in state ocean water (0-3 nautical miles (nm) offshore) as well
as fish caught in the EEZ (3-200 nm offshore). Only changes to the
specifications between 1997 and 1998 are discussed herein, otherwise
they are the same as announced in 1997 (62 FR 700, January 6, 1997).
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Changes to the ABCs and HGs
The ABCs, which are based on the best available scientific
information, represent the total catch, including amounts that are
discarded as well as retained. 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 1997 meeting in
the Council's SAFE document (see ADDRESSES). Additional information is
found in the EA prepared by the council for this action, the footnotes
to Table 1, the SAFE document for the 1998 specifications, and
documents available at the November 1997 Council meeting.
ABCs
The ABCs are changed from 1997 to 1998 as follows: lingcod (from
2,400 mt to 960 mt, excluding Canadian waters), sablefish (from 8,700
mt to 5,200 north of 36 deg. N. lat., with no change to the 425 mt ABC
south of 36 deg. N. lat.), Dover sole (from a range of 10,880-12,830 mt
to 9,426 mt coastwide), widow rockfish (from 7,700 mt to 5,740 mt),
longspine thornyheads (from 7,000 mt north of Pt. Conception to 4,102
mt in the smaller area north of 36 deg.N. lat.), the Sebastes complex
(from 7,130 mt to 8,647 mt in the Vancouver-Columbia area, and from
9,664 mt to 8,999 mt in the Eureka-Monterey-Conception area), bocaccio
(from 265 mt to 230 mt in the Eureka-Monterey-Conception Area), canary
rockfish (from 1,200 mt to 1,045 mt), chilipepper (from 4,000 mt to
3,400 mt in the Eureka-Monterey-Conception area), yellowtail rockfish
(from 1,773 mt to 3,465 mt in the Vancouver-Columbia area, excluding
Canadian waters, and from 259 mt to 229 mt in the Eureka-Monterey-
Conception area), and for ``remaining rockfish'' (from 1,431 mt to
1,401 mt, reflecting the change to yellowtail rockfish, in the Eureka-
Monterey-Conception area). The Sebastes complex consists of all
rockfish managed by the FMP except Pacific ocean perch (POP), widow
rockfish, shortbelly rockfish, and thornyheads. The whiting ABC is
changed only to reflect the amount in U.S. waters rather than the
amount for the United States and Canada combined.
The sablefish ABC deserves additional discussion as the Council
departed from the values recommended by its scientific and industry
advisory bodies. In 1997, the assessment model was modified to include,
for the first time, an index of abundance from fishery logbook data and
to closely examine the slope trawl survey data, per the recommendations
of an external review panel. Assessment results ranged from a biomass
of 40,000 mt with an ABC of 2,500 mt if all survey and logbook indexes
are included, to a biomass of 117,000 mt with an ABC of 7,300 mt if the
pot survey and slope trawl survey data are excluded. The stock
assessment review (STAR) panel commissioned by the Council's Scientific
and Statistical Committee (SSC) to provide a technical review of the
assessment ``endorses the model using both pot and slope surveys as
being preferable to a sablefish model that excludes both of these
sources of information,'' but also includes strong reservations
regarding use of the early slope trawl data. The Council's Groundfish
Management Team (GMT) accepted the STAR panel report and recommended an
ABC of 2,500 to 3,400 mt. The NMFS assessment document identifies
potential weaknesses and biases with each of the indices, but it was
not possible for either the assessment document or the report of the
STAR panel to quantity fully the uncertainty in the assessment results.
With the STAR panel's rejection of the 7,300-mt scenario, the Council
was faced with only the most conservative possible recommendation, and
had no information on the degree to which intermediate options may be
sufficiently conservative.
The Council's recommended ABC of 5,200 mt was based on a model
scenario that discounted the 1988 slope survey observation and on the
entire pot survey that had been discounted in previous years. The 1988
survey results were unusually high and not consistent with the slow
decline observed in subsequent surveys. The results represents
continuation of the Council's historical approach, which is to set a
compromise harvest level for sablefish until greater assessment
certainty can be achieved. A greater reduction would have established
the 1998 harvest at a level that has been exceeded every year since
1972 and would have caused severe and unexpected economic dislocation.
However, the Council's recommendation is not strictly precautionary,
nor is it in accord with the technical process designed to produce and
review stock assessments in 1997. The model scenario used by the
Council was not endorsed by either the STAR panel or the GMT. It was
presented as background material to the GMT to assist in understanding
the uncertainty in the assessment results. It can be accepted and
approved as a significant step towards a more precautionary approach to
sablefish management for 1 year, while NMFS works to improve the
assessment information for the longer term.
NMFS concurs with the Councils' recommendation that the assessment
should be updated in 1998 to include new data. Exceeding a more
precautionary harvest level in 1998 will slightly increase the current
decline in sablefish abundance, but a 1-year harvest of 5,200 mt would
not exceed the currently defined F20% overfishing level unless the
current biomass is actually at the most conservative estimate of
approximately 40,000 mt reported in the SAFE Decision Table for model
scenario 1. A catch of 5,200 mt is not overfishing for any of the other
model scenarios considered. (F20% means a fishing mortality rate that
would, in the long-term, reduce the spawning biomass per recruit to 20
percent of what it would have been if the stock had never been
exploited.)
The ABC for shortspine thornyheads remains the same as in 1997, but
was also the subject of much discussion at the November 1997 Council
meeting. In 1997, a new stock assessment was prepared for shortspine
thornyheads and reviewed by the STAR panel. The STAR panel concluded
that the assessment was the best that could be done with the stock
synthesis approach. However, the new assessment was unable to
sufficiently narrow the range of plausible ABC estimates. After the
STAR panel had disbanded, the Council's GMT requested additional
guidance, which was provided by three of the file original STAR panel
members and an industry representative to the panel. This ``reduced''
STAR panel recommended a simpler analysis, consisting of a biomass
estimated from the most recent slope surveys and using the F=M (fishing
mortality equals natural mortality) model. This model requires many
fewer assumptions and is based on direct measurement of stock
abundance, although with some uncertainty in the catchability
coefficient of trawl gear. This model has a documented basis and
history of use; it was used extensively in the early 1980's when other
data were not available to conduct a more rigorous assessment. Even
with the ``reduced'' STAR panel's consensus regarding the model to be
used, there are major concerns with the data, as it is very limited and
is a major factor in the uncertainties arising from the assessment.
Given these uncertainties, the Council recommended maintaining the ABC
at its current level of 1,000 mt.
HGs
Those species or species groups managed with HGs in 1997 will
[[Page 431]]
continue to be managed with HGs in 1998. However, some of the areas
managed with HGs have changed. The sablefish ABC of 425 mt south of
36 deg. N. lat. (the Monterey-Conception border) is set as an HG to be
able to respond inseason to potential effort shifts into that area;
separate HGs for longspine and shortspine thornyheads are set north of
36 deg. N. lat. and from 36 deg. N. lat. to Pt. Conception (34 deg. 27'
N. lat.), whereas in 1997 the single HG for each thornyhead species
extended to Pt. Conception; and the separate HG for Dover sole in the
Columbia area is removed. The HGs are changed from 1997 to 1998, as
follows: lingcod (from 2,400 mt to 838 mt, excluding Canadian waters),
sablefish (from 7,800 mt to 4,680 mt north of 36 deg. N. lat.), Dover
sole (from 11,050 mt, of which 2,850 mt was in the Columbia area, to
8,955 mt coastwide), POP (from 750 mt and 650 mt), widow rockfish (from
6,500 mt to 4,276 mt), shortspine thornyheads (from 1,380 mt north of
Pt. Conception to 1,082 mt north of 26 deg. N. lat. and 113 mt from
36 deg. N. lat to Pt. Conception), longspine thornyheads (from 6,000 mt
north of PT. Conception to 3,733 mt north of 36 deg. N. lat. and 390 mt
for 36 deg. N. lat. to Pt. Conception), the Sebastes complex (from
6,656 mt to 7,057 mt in the Vancouver-Columbia area, and from 9,284 to
8,439 mt in the Eureka-Monterey-Conception area), bocaccio (from 387 mt
to 230 mt in the Eureka-Monterey-Conception area), canary rockfish
(from 1,000 mt to 1,045 mt in the Vancouver-Columbia area), and
yellowtail rockfish (from 2,762 mt to 3,118 mt in the Vancouver-
Columbia area).
The Council's recommended HG for shortspine thornyheads has been
changed to correct an arithmetic error, and conforms with the Council's
intent to keep harvest of shortspine thornyheads below the overfishing
threshold. This is explained in the next section regarding setting HGs
above ABC.
Stock assessments and inseason catch monitoring are designed to
account for all fishing mortality, including that resulting from fish
discarded at sea. Discards of rockfish and sablefish in the fishery for
whiting are well monitored and are accounted for inseason as they
occur. In the other fisheries, discards caused by trip limits have not
been monitored consistently, so discard estimates have been developed
to account for this extra catch. A discard level of about 16 percent of
the total catch, previously measured for widow rockfish in a scientific
study, is assumed to be appropriate 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.
In some cases (e.g., sablefish, widow rockfish, thornyheads, Dover
sole), an estimated amount of discards has been subtracted from the ABC
to determine the HG for the landed catch. In other cases (e.g.,
whiting, Sebastes complex, lingcod), a HG representing total catch is
more appropriate. Discards in the whiting fishery have been well
documented and, therefore, the HG for whiting represents total catch,
and discards are accounted for during the season. In 1997, the HG for
the Sebastes complex and its components was changed from landed to
total catch for greater management flexibility during the season;
estimates of discards are added to the landings during the season as
data become available.
Setting HGs Greater than ABC
In most cases, HGs are less than or equal to the ABCs. However, the
Council recommended HGs that exceed the ABCs for POP and shortspine
thornyheads, as in 1996 and 1997. The FMP requires that the Council
consider certain factors when setting and HG above an ABC. These
factors were analyzed by the Council's GMT and are summarized in the
Council's EA for the 1998 specifications.
Both species are caught in association with other species, and,
although they can be targeted on to some degree, they also are caught
unavoidably while fishing for other species in a mixed-stock complex.
The Council believes that requiring closure, or severe cutbacks, of the
fishery for the entire complex (the Sebastes fishery for POP, and the
DTS complex for shortspine thornyheads) in order to protect these two
stocks would not provide the overall maximum benefit to the Nation.
POP
POP was depleted off Washington, Oregon, and California by foreign
fishing during the 1960's and early 1970's. In 1981, a rebuilding
program was established for POP in the Vancouver and Columbia areas.
POP are not common in the more southern areas. POP are part of multi-
species groundfish catches and cannot be completely avoided when
harvesting other groundfish species. POP are taken as bycatch in
fisheries for other rockfish, arrowtooth flounder, and Dover sole. The
ABC for POP has been set at ``zero'' for many years. Each year,
however, a low level of landings has been allowed to avoid the waste of
fish that would otherwise be discarded. The annual HGs are intended
only to accommodate the catch of fish that would be discarded, and are
not intended to encourage targeting. Even if retention of POP were
prohibited, it would not substantially reduce fishing mortality because
POP are caught in small amounts in other fisheries, particularly in
fisheries for other rockfish species. The stock is estimated to be at
about 50 percent of its maximum sustainable yield (MSY) level, and
recent harvests have been near the overfishing threshold. Because
strong year classes, which are necessary to rebuild the stock, occur
infrequently, the lack of rebuilding to date is not unexpected. The
Council has recommended annual trip limits that are intended to
discourage targeting while allowing unavoidable incidental catches to
be landed. Consequently, the HG exceeds the ``zero'' ABC.
The HG of 650 mt for POP is not intended to be a target but rather
is intended to accommodate incidental catches that would otherwise be
taken while fishing for other species and discarded. As in past years,
trip limits will not be relaxed to enable the HG to be reached.
Shortspine Thornyheads
Shortspine thornyheads are part of the mutispecies DTC complex
(consisting of Dover sole, shortspine and longspine thornyheads, and
trawl-caught sablefish). In 1997, the HG for shortspine thornyheads was
reduced to 1,380 mt to be consistent with the policy of using a landed-
catch HG. The total catch associated with the 1997 HG was expected to
be about 1,500 mt, of which 120 mt (8 percent) was estimated to be
discarded. Therefore, the total catch expected to occur in 1997 was 500
mt higher than the 1,000-mt ABC, but well below the overfishing
threshold of 1,757 mt. The HG was set above ABC in 1996-97 largely
because of the uncertainty in the stock assessment. The HG was intended
to result in catch at a level similar to the ABC level that would
result from various stock assessment scenarios with higher levels of
natural mortality or lower levels of survey catchability. Shortspine
thornyheads are unavoidable in a number of fishing strategies, as
discussed later. Retention above ABC was allowed to reduce discards of
unavoidably caught thornyheads and to realize the benefits of
harvesting the other species in the complex.
In 1998, the Council again recommended setting the HG above ABC to
allow harvest of the more abundant species in the complex and to reduce
discard of shortspine
[[Page 432]]
thornyheads. The Council adopted one major change, however, that would
affect the HG for landed catch and the estimate of total catch
associated with that HG: The estimated discard rate in the fishery was
increased from 8 percent to 30 percent. The Council thought their 1998
recommendation was slightly more conservative than the status quo: An
ABC of 1,000 mt, and a landed catch HG of 1,300 mt (divided into 1,177
mt north of 36 deg. N. lat. and 123 mt for the Conception area north of
Pt. Conception; 80 mt lower than in 1997). The Council clearly stated
its intent to keep catch below the overfishing level (1,757 mt at
F20%). However, after the Council meeting, it was discovered that the
wrong assumptions had been used in calculating the recommended HG, and
that, although landings of 1,300 mt would not have resulted in
overfishing based on the assumptions used in 1997, it would in 1998,
due to the new estimate that 30 percent of the total catch is
discarded, rather than 8 percent. In short, the total catch of 1,857 mt
associated with the 1,300 mt landed catch HG recommended by the Council
for 1998 would exceed the overfishing level in the current FMP by 100
mt, rather than being 50 mt below, as the Council had expected.
NMFS, Northwest Region, consulted with the Council Chairman and
Executive Director, and the states of Washington, Oregon, and
California to confirm the Council's intent to stay below the current
overfishing level for shortspine thornyheads--all agreed. Therefore,
the 1998 landed catch HG for shortspine thornyheads is set at 1,195 mt,
which would result in total catch of 1,707 mt (prorated to 1,082 mt
north of 36 deg. N. lat. and 113 mt for the Conception area north of
Pt. Conception), 50 mt below the 1,757-mt overfishing level. It should
be noted that the same uncertainty that involves the data and estimates
of ABC also applies to the estimated overfishing level.
Generally, the species in this complex are caught together as
fishers target the entire DTS complex. In examining 1995-97 landings
greater than 3,000 lb that are more than 95 percent DTS: 7-9 percent
are shortspine thornyheads, 30-35 percent are longspine thornyheads,
16-19 percent are sablefish, and 40-44 percent are Dover sole (section
2.1.1 of the EA). These ratios are heavily influenced by the trip
limits and other management measures in effect. The nearshore rockfish
fishery also can have significant bycatch of shortspine thornyheads,
Dover sole, and sablefish. The nearshore flatfish fishery consisting
largely of petrale sole, sanddabs, and rex sole also encounters bycatch
of the DTS species, although they can be avoided in certain areas.
There also are nearshore Dover sole and sablefish target fisheries in
which it is difficult to avoid shortspine thornyheads. Each ex-vessel
dollar of shortspine thornyhead revenue in the DTS complex is
associated with $7.82 of other DTS species (section 2.2.1 of the EA).
Clearly, shortspine thornyheads make up a small proportion of a much
larger and more valuable multispecies complex. Prohibiting retention of
shortspine thornyheads does not prevent their harvest in the DTS
complex. The value of the fishery for the entire complex justifies
fishing shortspine thornyheads above the ABC because more harvest
cannot be avoided without drastic reductions in the catch of the
overall DTS complex as well as other trawl fisheries.
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 HGs or quotas 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 a HG or quota not
apportioned to DAH may be set aside as the total allowable level of
foreign fishing (TALFF). In January 1998, no surplus groundfish are
available for joint venture or foreign fishing operations.
Consequently, all the HGs in 1998 are designed entirely for DAH and DAP
(which are the same in this case); JVP and TALFF are set at zero.
II. The Limited Entry Program
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. At its November 1997 meeting, the Council recommended no
new species and areas to be allocated between open access and limited
entry fisheries in 1998, and the Regional Administrator calculated the
amounts of the allocations that are presented in Table 1. Unless
otherwise specified, the limited entry and open access allocations are
treated as HGs in 1998.
Open Access Allocations
The open access fishery is composed of vessels that operate under
the HGs, 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 permits endorsed for use of
that gear. Exempt gear means all types of legal groundfish fishing gear
except groundfish trawl, longline, and pots. (Exempt gear includes
trawls used to harvest pink shrimp or spot or ridgeback prawns (shrimp
trawls), and, south of Point Arena, CA (38 deg.57'30'' N. lat.),
California halibut or sea cucumbers.)
The open access allocation is derived by applying the open access
allocation percentage to the HG, or if there is a set-aside for
recreational or tribal fishing, this is first deducted and the
percentage is applied to the commercial HG. (The commercial HG or quota
is the annual HG or quota after subtracting any set-asides for
recreational or tribal fishing.) 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 HGs, 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 Point Area, CA.) Beginning in 1997, a sablefish
endorsement also is required to operate in the limited entry regular or
mop-up seasons for sablefish.
The limited entry allocation is the allowable catch (HG or quota)
reduced by: (1) Set-asides, if any, for treaty Indian fisheries or
recreational fisheries (which results in the commercial HG or quota);
and (2) the open access allocation. Allocations for Washington coastal
tribal fisheries are discussed in paragraph V.
[[Page 433]]
III. 1998 Management Measures
Projections of landings in 1997 are based on the information
available to the Council at its November 1997 meeting (Supplemental GMT
Report B.6., November 1997), unless otherwise noted.
Limited Entry Fishery
The management measures for vessels operating in the 1998 limited
entry fishery are designed to keep landings within the HGs or limited
entry allocations. Cumulative trip limits continue to be used for most
of the limited entry fishery, which allows fishers to accumulate fish
over a period of time without a limit on the number of landings. Two-
month cumulative limits will continue to be used for most of the
limited entry fishery in 1998. As in 1997, no more than 60 percent of a
2-month limit may be taken in either calendar month, resulting in a
variable monthly trip limit within the 2-month limit. This enables the
limited entry fleet to maintain its current monthly fishing pattern,
target on 50 percent of the 2-month cumulative limit in a month, and
have the protection of a buffer equivalent to 10 percent of the 2-month
cumulative limit to account for inaccuracies in weighing fish at sea or
for small amounts caught above the target level. Unless otherwise
announced later in the year, the 2-month periods are: January-February,
March-April, May-June, July-August, September-October, and November-
December. One-month periods may be used later in the year.
[Note: NMFS has published a proposed regulation in the Federal
Register (62 FR 67610, December 29, 1997), with a request for public
comments, in which limited entry permit transfers would take effect
on the first day of a major cumulative landings limit period, which
are the periods described in this paragraph.]
Platooning
An optional platooning system was initiated in 1997 which enables
the limited entry trawl fleet to provide a more consistent supply of
fish to processors. Whereas the cumulative limits normally begin on the
first of a month (this is the ``A'' platoon), a vessel in the ``B''
platoon operates under limits out of phase by 2 weeks, from the 16th of
a month to the 15th of a month. All limited entry trawl vessels are
automatically in the ``A'' platoon, unless the permit owner indicated
in the annual permit renewal that the permitted vessel will participate
in the ``B'' platoon. Vessels operating in the ``B'' platoon will not
be able to land any species of groundfish from January 1-15, 1998. The
effective date of changes to the cumulative trip limits for the ``B''
platoon will occur on the 16th of the month unless otherwise specified.
Special provisions will be made to accommodate ``B'' vessels at the end
of the year so that the same amount of fish is made available to both
``A'' and ``B'' vessels. For example, a vessel in the ``B'' platoon
could have the same cumulative trip limit for the final period as
vessels in the ``A'' platoon, but the final period may be 2 weeks
shorter, so that both the ``A'' and ``B'' fishing periods end on
December 31, 1998. Alternatively, if the fishery is operating under 1-
month cumulative trip limits, the ``B'' platoon may have 6 weeks to
take the final two cumulative limits. 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 may not be continued in the future if the Council decides the
benefit does not outweigh technical and administrative burdens.
Open Access Fishery
The trip limits for the open access fishery are designed to keep
landings within the open access allocation, while allowing the
fisheries to operate for as long as possible during the year. The
overall open access limits for rockfish, sablefish, and ``all
groundfish'' in 1998 are the same as at the end of 1997, with several
exceptions: (1) 1998 limits for bocaccio are set at half the 1997
levels; (2) a new, open access trip limit is added for lingcod of 1,000
lb (454 kg) cumulative per 2-month period; and (3) the cumulative trip
limit is reduced to 600 lb (272 kg) per 2-month period for sablefish
taken under the daily trip limit north of 36 deg. N. lat. with open
access net or line gear (but not exempt trawl gear). The lingcod and
bocaccio (set/trammel net) 2-month cumulative trip limits are unusual
because cumulative trip limits in the open access fishery generally
apply to 1-month periods. Also, the 60-percent monthly limits that
apply within the 2-month cumulative trip limits for the limited entry
fishery (see paragraph IV.A.(1)(c)(i)) do not apply to the open access
fishery; the open access cumulative limits for lingcod and sablefish
may be taken at any time during the 2-month period.
The thornyhead fishery remains closed to all open access gear north
of 36 deg. N. lat., and under a 50 lb (23 kg) daily trip limit south of
36 deg. N. lat.
The groundfish trip limit for exempted trawl gear remains at 500 lb
(227 mt) (which for pink shrimp trawls only may be multiplied by the
number of days in a trip), and includes the daily trip limits for
sablefish (300 lb (136 kg) coastwide) and thornyheads (the same as for
the other open access gear, which may not be multiplied by the number
of days in a trip.
As in past years, a vessel operating in the open access fishery,
besides being constrained by specific open access limits, must not
exceed in any calendar month 50 percent of any 2-month cumulative trip
limit for the same area in the limited entry fishery, called the ``50-
percent monthly limit.'' In some cases, the 50-percent monthly limit is
larger than the open access limit, and so is not an additional
constraint. The management measures in paragraph IV. have been
reorganized so that the 50-percent monthly limits now appear in one
place with all other open access limits.
Background and Council Recommendations
The following discussions apply to the limited entry fishery unless
otherwise stated.
Widow Rockfish
Limited Entry. In 1997, the limited entry 2-month cumulative limit
of 70,000 lb (31,742 kg) was in effect until May 1, at which time it
was reduced to 60,000 lb (27,216 kg), where it remained to the end of
the year. Landings were projected to be 6,155 mt in 1997, 1 percent
below the HG. The HG is reduced substantially, from 6,500 mt in 1997 to
4,276 mt in 1998, and therefore the 2-month cumulative trip limit also
is reduced substantially at the beginning of 1998, to 25,000 lb (11,340
kg). Even at this lower level, there is some concern that further
reductions may be needed later in the year.
Open access. There is no open access allocation specifically for
widow rockfish. Landings in the open access fishery are constrained by
the 50-percent monthly limit, which applies toward the open access
limit for rockfish.
The Sebastes Complex (Including Yellowtail Rockfish, Canary Rockfish,
and Bocaccio)
Limited entry. On January 1, 1997 (62 FR 700, January 6, 1997), the
limited entry fishery for the Sebastes complex was managed under a 2-
month cumulative trip limit of 30,000 lb (13,608 kg) north of Cape
Mendocino (40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of Cape
Mendocino. Within these 2-month cumulative limits for the Sebastes
complex, no more than 6,000 lb (2,722 kg) could be yellowfish rockfish
north of Cape Mendocino, no more than 12,000 lb (5,443 kg) could be
[[Page 434]]
bocaccio south of Cape Mendocino, and no more than 14,000 lb (6,350 kg)
could be canary rockfish coastwide. On May 1, 1997 (62 FR 24845, May 7,
1997), the 2-month cumulative trip limit for bocaccio was reduced to
10,000 lb (4,536 kg), so that its HG would not be exceeded. However,
landings of yellowtail rockfish and canary rockfish were lower than
expected, and on October 1, 1997 (62 FR 51814, October 3, 1997), the 2-
month cumulative trip limits were converted to 1-month limits and
increased to 5,000 lb (2,268 kg) per month for yellowtail rockfish and
10,000 lb (4,534 kg) per month for canary rockfish. This increased the
Sebastes complex limits to 20,000 lb (9,072 kg) per month north of Cape
Mendocino and 75,000 lb (34,020 kg) per month south of Cape Mendocino.
Poor October weather and low limits contributed to reduced effort in
the fishery, such that, at the Council's November 1997 meeting,
landings were projected to be 14 and 20 percent below the HGs for
canary and yellowtail rockfish, respectively. On November 16, 1997 (62
FR 61700, November 19, 1997), in the middle of a cumulative trip limit
period, the limits were increased for these two species, resulting in
increases to the total Sebastes complex cumulative limits as well. The
November and December 1997 1-month cumulative trip limits for the
Sebastes complex were: 40,000 lb (18,144 kg) north of Cape Mendocino
and 80,000 lb (36,287 kg) south of Cape Mendocino. Within these 1-month
cumulative limits, no more than 20,000 lb (9,072 kg) could be
yellowtail rockfish north of Cape Mendocino, no more than 5,000 lb
(2,268 kg) could be bocaccio south of Cape Mendocino, and no more than
15,000 lb (6,804 kg) could be canary rockfish coastwide.
The yellowtail rockfish HG increased from 2,762 mt in 1997 to 3,118
mt in 1998, and the canary HG increased slightly, from 1,000 mt in 1997
to 1,045 mt in 1998. The bocaccio HG declined, from 387 mt to 230 mt.
As a result, the following changes to the management measures are taken
in January 1998, compared to the level in January 1997. The 2-month
cumulative trip limit for yellowtail rockfish (north of Cape Mendocino)
is increased from 6,000 lb (2,711 kg) to 11,000 lb (4,990 kg), canary
rockfish is increased from 14,000 lb (6,350 kg) to 15,000 lb (6,804
kg), and bocaccio (south of Cape Mendocino) is reduced from 12,000 lb
(5,443 kg) to 2,000 lb (907 kg). The overall 2-month cumulative trip
limit for the Sebastes complex north of Cape Mendocino is increased
from 30,000 lb (13,608 kg) to 40,000 lb (18,144 kg), but is larger than
the increases to the cumulative limits for yellowtail and canary
rockfish. If landings of other Sebastes species become too high, the
trip limit for the complex may be reduced later in the year. South of
Cape Mendocino, the Sebastes complex 2-month cumulative trip limit is
the same as in January 1997, at 150,000 lb (68,039 kg).
Open access. Landings in the open access fishery of yellowtail,
canary rockfish, bocaccio, and the Sebastes complex as a whole are
constrained by the 50-percent monthly limit, which applies toward the
open access limit for rockfish. However, restrictions, some of them
new, are described below for the open access bocaccio fishery.
Both yellowtail rockfish and bocaccio are particularly difficult to
manage because of the number of gear types and fishing strategies
involved. A substantial portion of the yellowtail HG is taken as
bycatch in the whiting and shrimp fisheries. The at-sea processing
sector of the whiting fishery reduced its bycatch of yellowtail
rockfish approximately in half in 1997 by fishing deeper and more
cautiously and using daily satellite transmissions to alert fishers of
areas of high bycatch, as has been done to monitor salmon bycatch since
1996. Bycatch of rockfish in the shrimp and prawn trawl fisheries was
addressed in 1997 by reducing the groundfish trip limits from a third
to a half of their former levels. Management of bocaccio is further
complicated by significant recreational and open access harvest. In
1998, a new recreational bag limit (3 fish) is established for bocaccio
off California, and the open access 1-month cumulative trip limits for
bocaccio south of Cape Mendocino are reduced by half: for hook-and-line
gear, from 2,000 lb (907 kg) in 1997 to 1,000 lb (454 kg) in 1998; and
for set and trammel nets, from 4,000 lb (1,814 kg) to 2,000 lb (907
kg), of which no more than 250 lb (13 kg) may be taken per trip. The
set/trammel net limit is higher than that which may be taken by the
limited entry fishery. This limit maintains the historical proportions
landed by open access net and hook-and-line gears while enabling the
open access allocation for bocaccio to be achieved.
POP
Limited entry. The limited entry 2-month cumulative trip limit for
POP remained the same throughout 1997, at 8,000 lb (3,629 kg) per 2-
month period; it has been at this level since July 1, 1996. Landings of
POP in 1997 were projected to be from 563 mt to over 600 mt, below its
750-mt HG. The 1998 HG is set at 650 mt to accommodate incidental
catches without encouraging a target fishery on POP; interceptions of
POP may increase as the HG for yellowtail rockfish increases in 1998.
The 2-month cumulative trip limit remains the same as in 1997, and also
is intended to accommodate only unavoidable incidental catches. POP is
managed to achieve a rebuilding schedule, so trip limits will not be
increased to achieve the HG.
Open access. Landings of POP in the open access fishery are
constrained by the 50-percent monthly limit, which counts toward the
open access cumulative limit for rockfish.
Sablefish. The sablefish HG is subdivided among several fisheries.
The tribal fishery allocation is set aside prior to dividing the
balance of the HG between the commercial limited entry and open access
fisheries. These three fisheries are managed differently. The limited
entry allocation is further subdivided into trawl (58 percent) and
nontrawl (42 percent) allocations. Trawl-caught sablefish are managed
together with Dover sole and thornyheads as the DTS complex because
they often are caught together.
DTS Complex (Dover Sole, Thornyheads, and Trawl-Caught Sablefish)
Limited entry. In January 1997 (62 FR 700, January 6, 1997), the 2-
month cumulative trip limit for the DTS complex was 70,000 lb (31,752
kg) north of Cape Mendocino and 100,000 lb (45,359 kg) south of Cape
Mendocino. Within this 2-month cumulative limit, no more than 38,000 lb
(17,236 kg) could be Dover sole north of Cape Mendocino, and coastwide,
no more than 12,000 lb (5,443 kg) could be trawl-caught sablefish and
no more than 20,000 lb (9,072 kg) could be thornyheads. No more than
4,000 lb (1,814 kg) of the thornyheads could be shortspine thornyheads.
Throughout the year, no more than 500 lb (227 kg) per trip could be
sablefish smaller than 22 inches (56 cm).
On May 1, 1997 (62 FR 24845, May 7, 1997), the 2-month cumulative
trip limits were reduced for Dover sole north of Cape Mendocino to
30,000 lb (13,608 kg), and for thornyheads coastwide to 15,000 lb
(6,804 kg), of which only 3,000 lb (1,361 kg) could be shortspine
thornyheads. The 2-month cumulative limit for the DTS complex north of
Cape Mendocino decreased by the same amount, to 57,000 lb (25,855 kg),
while remaining at 100,000 lb (45,359 kg) south of Cape Mendocino. The
coastwide 2-month cumulative trip limit
[[Page 435]]
for sablefish remained at 12,000 lb (5,443 kg).
On September 1 (62 FR 36228, July 7, 1997), the 2-month cumulative
trip limits for the DTS complex and its components were converted to 1-
month cumulative limits: for the DTS complex, 28,500 lb (12,927 kg)
north of Cape Mendocino and 50,000 lb (22,680 kg) south of Cape
Mendocino; for sablefish coastwide, 6,000 lb (2,722 kg); for Dover sole
north of Cape Mendocino, 15,000 lb (6,804 kg); and for thornyheads
coastwide, 7,500 lb (3,402 kg), of which no more than 1,500 lb (680 kg)
could be shortspine thornyheads.
On October 1, 1997 (62 FR 51814, October 3, 1997), the 1-month
cumulative trip limits were reduced for sablefish coastwide (to 2,000
lb (907 kg)) and Dover sole north of Cape Mendocino (to 1,500 lb (680
kg)), and established for Dover sole south of Cape Mendocino (at 30,000
lb (13,608 kg)). Previously Dover sole could comprise the amount of DTS
limit that was left over after taking sablefish and thornyheads. As a
result, the 1-month cumulative trip limits for the DTS complex became
the sum of the cumulative limits of its components, at 11,000 lb (4,990
kg) north of Cape Mendocino and 39,500 lb (17,917 kg) south of Cape
Mendocino. The limits for thornyheads did not change in October.
Reduced effort in October, likely due to bad weather and extremely
low cumulative trip limits, resulted in much lower landings than
expected. On November 16, 1997 (62 FR 61700, November 19, 1997), the 1-
month cumulative trip limits for all three species in the complex were
increased to keep landings within the 1997 HGs and allocations without
increasing discards. These increases were intended to enable fishers to
land fish that otherwise would be caught and discarded. Therefore, on
November 16, 1997 (62 FR November 19, 1997), the monthly limits for the
DTS complex were raised to 16,000 lb (7,257 kg) north of Cape
Mendocino, and 43,000 lb (19,504 kg) south of Cape Mendocino.
Within these limits, 3,000 lb (1,361 kg) could be Dover sole north
of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape Mendocino (no
change to southern Dover sole); 3,000 lb (1,361 kg) coastwide could be
trawl-caught sablefish; and 10,000 lb (4,536 kg) coastwide could be
thornyheads. No more than 3,000 lb (1,361 kg) of the thornyheads could
be shortspine thornyheads. Landings are intended to be close to the HGs
for these species in 1997, although some changes were made so late in
the year, final data will not be available until 1998.
The HG for sablefish north of 36 deg. N. lat. is reduced from 7,800
mt 1997 to 4,680 mt in 1998, with proportional reductions in the
allocations (see footnote g/ of Table 1). The 1998 trawl allocation was
therefore reduced from 3,803 mt in 1997 to 2,282 mt in 1998, and the 2-
month cumulative limit for trawl-caught sablefish in January 1998 is
5,000 lb (2,268 kg), less than half the 12,000 lb (5,443 kg) limit in
January 1997. The 500-lb (227 kg) trip limit for sablefish smaller than
22 inches (56 cm) remains in effect. A new HG was set at 425 mt for
sablefish south of 36 deg. N. lat., equal to the ABC, which is based on
historical landings in that area. The DTS limits apply coastwide,
including waters south of 36 deg. N. lat.
In 1998, the HG for Dover sole is applied coastwide only, without
separate consideration of the Columbia area. The HG is reduced from
11,050 mt in 1997 to 8,995 mt in 1998. At certain times of year,
particularly in winter months, it is possible to catch Dover sole in
deep water more selectively, without large associations of sablefish
and shortspine thornyheads. Therefore, in January-February 1998, the 2-
month cumulative trip limit for Dover sole is 40,000 lb (18,144 kg).
The 2-month cumulative trip limit is reduced to 18,000 lb (8,165 kg)
beginning in March 1998. If adequate amounts remain, the limit may be
raised for the more selective fishery at the end of the year. This is
done to achieve full utilization of all four species in the complex,
without exceeding any HG or allocation, while reducing the need to
discard fish in excess of legal limits.
In 1998, the HG for longspine thornyheads is reduced from 6,000 mt
north of Pt. Conception (34 deg.27' N. lat.) to 3,733 mt north of
36 deg. N. lat., based on a new stock assessment, and 390 mt for that
portion of the Conception area north of Pt. Conception (which is
equivalent to 4,123 mt north of Pt. Conception, although there no
longer is a single HG for these two areas combined). The 2-month
cumulative limit in January 1998 is 10,000 lb (4,536 kg), which for the
first time applies only to longspine thornyheads, separate from
shortspine thornyheads. In 1997, the trip limit of 20,000 lb (9,072 kg)
applied to both species of thornyheads combined, and could consist
entirely of longspine thornyheads if no shortspine thornyheads were
taken. The trip limits are not linked in 1998 in order to encourage a
more selective harvest of each species.
In 1998, the HG for shortspine thornyheads is reduced from 1,500 mt
north of 36 deg. N. lat. to 1,082 mt north of the Conception area, and
113 mt for that portion of the Conception area north of Pt. Conception
(which is equivalent to 1,195 mt north of Pt. Conception, although
there is not a single HG for the two areas combined). There is no HG
south of Pt. Conception. The 2-month cumulative trip limit for
shortspine thornyheads in January 1998 is 4,000 lb (1,814 kg), the same
as in January 1997.
Open access. The open access limits for thornyheads are the same as
in 1997: the fishery is closed north of Pt. Conception, and a 50-lb (23
kg) daily trip limit applies south of Pt. Conception. Open access
landings of Dover sole are constrained by the 50-percent monthly limit
of 9,000 lb (4,082 kg) starting in March 1998, but not in January-
February 1998 when the open access limits for exempted trawl gear are
more restrictive. The 300-lb (136 kg) coastwide daily trip limit for
exempted trawl gear remains in effect in 1998.
Nontrawl Sablefish
Limited entry north of 36 deg. N. lat. A number of significant
changes were made to management of the limited entry fishery in 1997:
(1) A vessel was required to have an endorsement on its limited entry
permit in order to participate in the regular or mop-up sablefish
seasons (62 FR 34670, August 27, 1997); (2) the regular season was
changed from a derby to an equal cumulative trip limit for all
participants, which in 1997, was 34,100 lb (15,468 kg); (3) the
cumulative trip limit during the regular season was attached to the
limited entry permit as well as to the vessel to prevent multiple
vessels from taking multiple cumulative trip limits within the same
cumulative limit period by transferring a permit; (4) the fishery
during the regular season ended at sea rather than dockside; (5) the
preseason closure was shortened from 72 to 48 hours, and advance
setting of pot gear was no loner allowed; and (6) the post-season
closure also was shortened from 72 to 48 hours.
However, a number of provisions remained the same as in 1996. The
trip limit for sablefish smaller than 22 inches (56 cm) of 1,500 lb
(680 kg) or 3 percent of all legal sablefish on board, whichever is
greater, remained in effect during the regular and mop-up seasons.
Small daily trip limits were applied to the nontrawl fishery before and
after the ``regular'' and ``mop-up'' seasons. A 300-lb (136-kg) daily
trip limit was applied only north of 36 deg.00' N. lat., the same area
covered by the HG. On May 1, a 5,100-lb (2,313 kg) per month cap was
placed on the amount of sablefish that could be taken under the daily
trip limit north of 36 deg. N. lat. (62 FR 24845, May 7, 1997). This
cap was lowered to
[[Page 436]]
600 lb (272 kg) on July 1 (62 FR 36228, July 7, 1997), and increased
to1,500 lb (680 kg) on October 22 after the end of the mop-up season
(62 FR 53577, October 15, 1997). The 1997 daily trip limit was intended
to result in landings of about 915,000 lb (425 mt) but it appeared they
would be as high as 1.1 million lb (499 mt). Overall, limited entry
landings of sablefish in 1997 are projected to be about 160 mt below
the limited entry nontrawl allocation of 2,754 mt (based on information
updated after the November Council meeting).
Due to the decline in the HG in 1998, the limited entry nontrawl
allocation for sablefish north of 36 deg. N. lat. is reduced from 2,754
mt in 1997 to 1,652 mt in 1998. In 1998, the same daily trip limits for
the limited entry fishery will apply outside the regular and mop-up
seasons and any closures, but the cumulative limit is reduced from
1,500 lb (680 kg) per month to 1,500 lb (680 kg) per 2-month period
(excluding any harvest in the regular or mop-up seasons). The 60-
percent monthly limits described in paragraph IV.A(1)(c)(i) do not
apply here for the nontrawl sablefish fishery. The ``per trip'' limit
for nontrawl sablefish smaller than 22 inches (56 cm) remains in effect
during the regular and mop-up fisheries. The Council recommended a
number of management changes for 1998, including a 3-tier system of
assigning cumulative trip limits during the regular season, that has
not yet been published for public comment or approved by NMFS.
1998 Regular Season. The Council recommended that the limited entry
regular season begin on August 1, 1998, to reduce the probability of
poor weather (as encountered in the 1997 mop-up season), to take
advantage of favorable tidal conditions, to decrease competition with
Alaska sablefish fisheries, and to accommodate alternate fishing
opportunities. The regular season applies only north of 36 deg. N. lat.
Limited entry south of 36 deg. N. lat. In the Conception area,
where there was no HG in 1997, and landings had been below the 425-mt
ABC in 1996, the limited entry daily trip limit was set at 350 lb (159
kg) to accommodate most landings without encouraging excessive effort
shifts into that area. There was no cap on the amount that could be
landed under the daily trip limit in the Conception area. In September
1997, an option was provided that enabled a vessel to make one landing
a week above 350 lb (159 kg) but less than 1,050 lb (476 kg) (62 FR
46920, September 6, 1997). The same daily trip limit remains in effect
in 1998, but the option to make one landing above 350 lb (159 kg) is
not available in January 1998. This option may be reconsidered later in
the year.
Open access. Landings appear to be close to the open access
sablefish allocation in 1997. Therefore, for the open access fishery,
the same daily trip limits for sablefish apply in 1998 as in 1997: 300
lb (136 kg) north of 36 deg. N. lat.; 350 lb (159 kg) south of 36 deg.
N. lat., except a 2-month cumulative limit of 600 lb (272 kg) also
applies north of 36 deg. N. lat.
Whiting. The entire whiting HG of 232,000 mt was harvested in 1997:
87,069 mt by the shore-based fleet; 69,947 mt by the catcher/processing
sector; 50,395 mt by the motherships sector, and about 25,000 mt by the
Makah tribal fishery. The 10,000-lb (4,536-kg) trip limit for whiting
taken before and after the regular whiting season and inside the 100-
fathom (183-m) contour in the Eureka subarea (40 deg.30'-43 deg.00' N.
lat.) continues in effect in 1998. Additional regulations, including
the percentages used to allocate whiting among non-tribal sectors, are
found at 50 CFR 660.323(a)(4).
Whiting seasons. The opening dates of the primary seasons for
whiting also are announced herein (see paragraph IV.B.(5)(b)). They
remain the same as in 1997, except for the shore-based fishery in the
Eureka area (42 deg.-40 deg.30' N. lat. off California), which will
begin on April 1, 1998.
Nontribal whiting allocation. Because the U.S. HG and tribal
allocation did not change, the 1998 allocations for the nontribal
whiting fishery are the same as in 1997, and are listed at paragraph
IV.B. (5)(a).
Lingcod
The 2-month cumulative trip limit for lingcod in 1997 was 40,000 lb
(18,144 kg) until July 1, when it was reduced to 30,000 lb (13,608 kg)
(62 FR 36228, July 7, 1997). Lingcod smaller than 22 inches (56 cm)
could not be landed in the commercial or recreational fisheries except
for 100-lb (45-kg) per trip for trawl-caught lingcod. Landings of
lingcod in 1997 are projected at 2,162 mt (1,462 mt from the commercial
fishery and 700 mt from the recreational fishery), 238 mt below the
2,400 mt HG. The trip limit was not increased however, in recognition
of the reduced ABC in 1998, and the fear that an increase to trip
limits in 1997 would attract additional target opportunities and
excessive effort.
Lingcod involves two difficult management issues in 1998: Its
transboundary occurrence in U.S. and Canadian waters, and within U.S.
waters, relative harvest levels by commercial and recreational fishers.
The 1998 HG for lingcod is 35 percent of its 1997 level, reduced
from 2,400 mt in 1997 to 838 mt in 1998, due primarily to the results
of a new stock assessment. (The ABC is set at F35% but the HG is set at
a more precautionary F40%) There is no agreement between U.S.. and
Canadian scientists regarding the appropriate stock structure and
distribution. U.S. scientists believe the lingcod population of the
Columbia and Vancouver areas (including Canada) to be a single stock,
but Canadian scientists believe the Canadian portion of this range is
not part of the same stock as that found in northern U.S. waters.
Landings in the Canadian portion of the Vancouver area were about 900
mt in 1996. If this level of landings were to continue in 1998,
Canadian landings alone would exceed the F40% yield calculated (by U.S.
scientists) for the entire assessment area (the Columbia and Vancouver
areas, including Canadian waters).
The U.S. industry disagrees as to whether the reduction should or
could fall equally on both commercial and recreational sectors. The
838-mt HG is for total U.S. catch, including the recreational sector.
Coastwide recreational landings of lingcod in 1997 were estimated at
about 700 mt. If that level continued in 1998, recreational harvest
would comprise over 80 percent of the U.S. HG, leaving only 138 mt for
the commercial fishery. If recreational catch were reduced by 65
percent, the same reduction in the U.S. ABC from 1997 to 1998, the
recreational sector would be limited to 245 mt in 1998, leaving 593 mt
for the commercial sector.
The Council considered the management options available and
decided, after hearing considerable public testimony, to reduce both
the commercial and recreational fisheries to absorb the impact of the
reduced HG in 1998. The management measures recommended by the Council
are intended to divide the HG almost equally between the commercial and
recreational sectors, but this results in a proportionately larger
decrease for the commercial fishery. The Council recommended increasing
the size limit for all fisheries coastwide (commercial limited entry
and open access, and recreational) from 22 inches (56 cm) to 24 inches
(61 cm) and reducing the recreational bag limit off California from 5
to 3 lingcod, consistent with current bag limits off Washington and
Oregon. This would lower the recreational harvest by about 153 mt,
resulting in expected recreational harvest of about
[[Page 437]]
430 mt of the 838 mt total in 1998, even with the recommended size and
bag limit reductions. Approximately 408 mt would remain for the
commercial fishery, a 72 percent decrease since 1997. The Council also
recommended reducing the limited entry, 2-month cumulative trip limit
to 1,000 lb (454 kg) in January 1998 (compared to 40,000 lb (18,144 kg)
in January 1997), and established a new, 1,000-lb (454 kg)
2-month cumulative trip limit for the open access fishery. The new open
access cumulative limit is the same as for the limited entry fishery,
except the 60-percent monthly limits described in paragraph
IV.A.(1)(c)(i) do not apply, and the entire open access cumulative
limit may be taken at any time during the 2-month period. The
commercial fishery absorbed a greater proportion of the harvest
reduction in 1998 because the Council has not yet developed a plan for
allocating lingcod between the two fisheries. The Council is expected
to initiate discussions in the near future to address more formally the
commercial and recreational allocation of lingcod.
Black Rockfish
Black rockfish off the State of Washington continue to be managed
under the regulations at 50 CFR 660.323(a)(1) for nontribal limited
entry and open access fisheries. The State of Oregon implements trip
limits for black rockfish off the Oregon coast.
Operating in Both Limited Entry and Open Access Fisheries
Vessels using open access gear are subject to the management
measures for the open access fishery, regardless of whether the vessel
has a valid limited entry permit endorsed for any other gear. In
addition, a vessel operating in the open access fishery must not
exceeds any trip limit, frequency limit, and/or size limit (for the
same area) in the limited entry fishery, unless otherwise authorized.
A vessel that operates in both the open access and limited entry
fisheries is not entitled to two separate trip limits for the same
species. Fish caught with open access gear will also be counted toward
the limited entry trip limit. For example: In January, a trawl vessel
catches 2,700 lb (1,225 kg) of sablefish in the limited entry fishery,
and in the same month catches 500 lb (227 kg) of sablefish with shrimp
trawl (open access) gear, for a total of 3,200 lb (1,451 kg) of
sablefish. Because the open access landings are counted toward the
limited entry limit, the vessel would have exceeded its limited entry,
cumulative limit of 3,000 lb (1,361 kg) (60 percent of the 5,000-lb
(2,268-kg) 2-month cumulative limit for the limited entry fishery).
Operating in Areas with Different Trip Limits.
Trip limits may differ for a species or species complex at
different locations on the coast. Unless otherwise stated (as for black
rockfish or for species with daily trip limits), the cross-over
provisions at paragraph IV.A.(12) apply. In general, a vessel fishing
for groundfish in a more restrictive area is subject to the more
restrictive limit for the duration of that trip limit period.
Changes to Trip Limits; Closures
Unless otherwise stated (as for the nontrawl sablefish regular
season; see 50 CFR 660.323(a)(2)), a vessel must have initiated
offloading its catch before the fishery is closed or before a more
restrictive trip limit becomes effective. As in the past, all fish on
board the vessel when offloading begins are counted toward the landing
limits (See 50 CFR 660.302 for the definition of ``landing'').
Designated Species B Permits
Desginated Species B permits may be issued if the limited entry
fleet will not fully utilize the HG for Pacific whiting, shorbelly
rockfish, or jack mackerel north of 39 deg. N. lat. The limited entry
fleet has requested the full use of these species in 1998. In addition,
since no applications were received before the November 1 deadline,
NMFS does not expect to issue Designated Species B permits in 1998.
Recreational Fishing
Bag limits for rockfish remain the same in 1998 as in 1997, with
one exception; a new 3-fish bag limit is added for bocaccio off
California. The bag and size limits for lingcod also are changed in
1998: the size limit is increased from 22 inches (56 cm) to 24 inches
(61 cm) total length, and the bag limit is reduced from 5 to 3 fish off
California, which is consistent with the 3-fish bag limits off
Washington and Oregon.
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
1998, including those that are the same as in 1997.
A. General Definitions and Provisions
The following definitions and provisions apply to the 1998
management measures, unless otherwise specified in a subsequent notice:
(1) Trip limits. Trip limits are used in the commercial fishery to
specify the amount of fish that may legally be taken and retained,
possessed, or landed, per vessel, per fishing trip, or cumulatively per
unit of time, or the number of landings that may be made from a vessel
in a given period of time, as explained below.
(a) A trip limit is the total allowable amount of a groundfish
species or species complex, by weight, or by percentage of 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.
(i) Limited entry fishery. Unless otherwise specified, cumulative
trip limits in the limited entry fishery apply to 2-month periods, and
no more than 60 percent of the applicable 2-month cumulative limit may
be taken and retained, possessed or landed in either month of a 2-month
period (the ``60-percent monthly limit''). The 2-month periods are:
January-February, March-April, May-June, July-August, September-
October, and November-December. Different cumulative periods may be
announced later in the year.
[Note: NMFS has published a proposed regulation in the Federal
Register (62 FR 67010, December 29, 1997), with a request for public
comments, in which limited entry permit transfers would take effect
on the first day of a cumulative landings limit period, which are
the periods described in this paragraph IV.A.(1)(c)(i).]
(ii) Open access fishery. Unless otherwise specified (as for
sablefish north of 36 deg. N. Lat. and lingcod), cumulative trip limits
in the open access fishery apply to 1-month periods. Within these 1-
month cumulative trip limits, in any calendar month, no more than 50
percent of the applicable 2-month cumulative limit for the limited
entry fishery may be taken and retained, possessed, or landed from a
vessel in
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the open access fishery; this is called the ``50-percent monthly
limit.''
(iii) Platooning--limited entry trawl vessels. Limited entry trawl
vessels are automatically in the ``A'' platoon, unless the permit owner
indicated in the annual limited entry permit renewal that the permitted
vessel will participate in the ``B'' platoon. 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 and end on the 15th of the
month. Therefore, the management measures announced herein that are
effective on January 1, 1998, for the ``A'' platoon will be effective
on January 16, 1998, 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.
(B) A vessel authorized to operate in the ``B'' platoon may take
and retain, but may not land, groundfish from January 1, 1998, through
January 15, 1998.
(C) Special provisions will be made for ``B'' platoon vessels later
in the year so that the amount of fish made available in 1998 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 the same date.)
(2) Unless the fishery is closed, a vessel that has landed its
cumulative or daily limit may continue to fish on the limit for the
next legal period, so long as no fish (including, but not limited to,
groundfish with no trip limits, shrimp, prawns, or other nongroundfish
species or shellfish) are landed (offloaded) until the next legal
period. As stated at 50 CFR 660.302 (in the definition of ``landing''),
once offloading of any species begins, all fish aboard the vessel are
counted as part of the landing.
(3) All weights are round weights or round-weight equivalents
unless otherwise specified.
(4) Percentages are based on round weights, and, unless otherwise
specified, apply only to legal fish on board.
(5) ``Legal fish'' means fish legally taken and retained,
possessed, or landed in accordance with the provisions of 50 CFR part
660, the Magnuson-Stevens Fishery Conservation and Management Act
(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 longest measurement of the fish without mutilation of the
fish or the use of force to extend the length of the fish. No fish with
a size limit may be retained if it is in such condition that its length
has been extended or cannot be determined by these methods.
(a) For a whole fish, total length is measured from the tip of the
snout (mouth closed) to the tip of the tail in a natural, relaxed
position.
(b) For a fish with the head removed (``headed''), the length 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.
(7) ``Closure,'' when referring to closure of a fishery, means that
taking and retaining, possessing, or landing the particular species or
species group is prohibited. (See 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).]
(8) The fishery management area for these species is the EEZ off
the coasts of Washington, Oregon, and California between 3 and 200 nm
offshore, bounded on the north by the Provisional International
Boundary between the United States and Canada, and bounded on the south
by the International Boundary between the United States and Mexico. All
groundfish possessed between 0-200 nm offshore, or landed in,
Washington, Oregon, or California are presumed to have been taken and
retained from the EEZ, unless otherwise demonstrated by the person in
possession of those fish.
(9) In season changes to trip limits are announced in the Federal
Register. Most trip and bag limits in the groundfish fishery have been
designated ``routine,'' which means they may be changed rapidly after a
single Council meeting. Information concerning changes to trip limits
is available from the NMFS Northwest and Southwest Regional Offices
(see ADDRESSES). Changes to trip limits are effective at the times
stated in the Federal Register. Once a change is effective, it is
illegal to take and retain, possess, or land more fish than allowed
under the new trip limit. This means, unless otherwise announced in the
Federal Register, offloading must begin before the time a fishery
closes or a more restrictive trip limit takes effect.
(10) It is unlawful for any person to take and retain, possess, or
land groundfish in excess of the landing limit for the open access
fishery without having a valid limited entry permit for the vessel
affixed with a gear endorsement for the gear used to catch the fish (50
CFR 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. Fish caught with open access
gear will also be counted toward the limited entry trip limit.
(12) Operating in areas with different trip limits. Trip limits for
a species or species complex may differ in different geographic areas
along the coast. The following ``crossover'' provisions apply to
vessels operating in different geographical areas that have different
cumulative or ``per trip'' trip limits for the same species or species
complex. They do not apply to species that are only subject to daily
trip limits, or to the trip limits for black rockfish off the State of
Washington (see 50 CFR 660.323(a)(1)). In 1998, the trip limit period
for cumulative trip limits is 2 months for the limited entry fishery
and 1 month for the open access fishery, unless otherwise specified.
(a) Going From A More Restrictive To A More Liberal Area: If a
vessel takes and retains any species 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 species (or species complex) in an area
where a higher trip limit (or no trip limit) applies, and takes and
retains, possesses or lands the same species (or special complex) in an
area where a more restrictive trip limit applies, then that vessel is
subject to the
[[Page 439]]
more restrictive trip limit for that trip limit period.
(13) Sorting. 50 CFR 660.306(h) make it unlawful for any person to
``fail to sort, prior to the first weighing after off loading, those
groundfish species or species groups for which there is a trip limit,
if the weight of the total delivery exceeds 3,000 lb (1,361 kg) (round
weight or round weight equivalent).'' This provision applies to both
the limited entry and open access fisheries. A proposed rule was
published in the Federal Register at 62 FR 67610, December 29, 1997,
with a request for public comments, that would require all species or
species groups with a trip limit, size limit, HG, or quota to be
sorted. There would be no exception for landings under 3,000 lb (1,361
kg). The States of Washington and Oregon already have the same or
similar requirements.
(14) 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.
(15) Paragraphs IV.B. through IV.C. pertain to the commercial
groundfish fishery, but not to Washington coastal tribal fisheries
which are described in paragraph V. The provisions in paragraphs IV.B
through 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.
(16) Commonly used geographical coordinates.
(a) Cape Falcon, OR--45 deg.46' N. lat.
(b) Cape Lookout, OR--45 deg.20'15'' N. lat.
(c) Cape Mendocino, CA--40 deg.30' N. lat.
(d) Point Arena, CA--38 deg.57'30'' N. lat.
(e) Point Conception, CA--34 deg.27' N. lat.
(f) 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.
B. Limited Entry Fishery
(1) Widow Rockfish (commonly called brownies). The cumulative trip
limit for widow rockfish is 25,000 lb (11,340 kg) per vessel per 2-
month period. The 60-percent monthly limit is 15,000 lb (6,804 kg).
(2) Sebastes Complex (including Bocaccio, Yellowtail, and Canary
Rockfish).
(a) General. Sebastes complex means all rockfish managed by the FMP
except Pacific ocean perch (Sebastes alutus), widow rockfish (S.
entomelas), shortbelly rockfish (S. jordani, and Sebastolobus spp.
(also called thornyheads, idiots, or channel rockfish). Yellowtail
rockfish (S. flavidus) are commonly called greenies. Bocaccio (S.
paucispinis) are commonly called rock salmon. Canary rockfish (S.
pinniger) are commonly called orange rockfish. This definition also
applies the open access fishery.
(b) Cumulative trip limits. The cumulative trip limit for the
Sebastes complex is 40,000 lb (18,144 kg) north of Cape Mendocino or
150,000 lb (68,039 kg) south of Cape Mendocino, per vessel per 2-month
period. Within the cumulative trip limit for the Sebastes complex, no
more than 11,000 lb (4,990 kg) may be yellowtail rockfish taken and
retained north of Cape Mendocino, no more than 2,000 lb (907 kg) may be
bocaccio taken and retained south of Cape Mendocino, and no more than
15,000 lb (6,804 kg) may be canary rockfish.
(c) The 60-percent monthly limits are: For the Sebastes complex,
24,000 lb (10,886 kg) north of Cape Mendocino, and 90,000 lb (40,823
kg) south of Cape Mendocino; for yellowtail rockfish, 6,600 lb (2,994
kg) north of Cape Mendocino; for bocaccio, 1,200 lb (5,443 kg) south of
Cape Mendocino; and for canary rockfish coastwide, 9,000 lb (4,082 kg).
(d) For operating in areas with different trip limits for the same
species, see paragraph IV.A. (12) above.
(3) POP. The cumulative trip limit for POP is 8,000 lb (3,629 kg)
per vessel per 2-month period. The 60-percent monthly limit is 4,800 lb
(2,177 kg).
(4) Sablefish and the DTS Complex (Dover Sole, Thornyheads, and
Trawl-Caught Sablefish.
(a) 1998 Sablefish Management goal. The limited entry sablefish
fishery will be managed to achieve the 1998 commercial HGs of 4,680 mt
north of 36 deg. N. lat. and 425 mt south of 36 deg. N. lat.
(b) Gear allocations. After subtracting the tribal-imposed catch
limit and the open access allocation from the HG for sablefish north of
36 deg. N. lat. the remainder is allocated 58 percent to the trawl
fishery and 42 percent to the nontrawl fishery.
[Note: The 1998 ABC for sablefish north of 36 deg. N. lat. is
5,200 mt. The trawl allocation is 2,282 mt and the nontrawl
allocation is 1,652 mt. See footnote g/ of Table 1.]
(c) Limited entry trip and size limits for the DTS complex. ``DTS
complex'' means Dover sole (Microstomus pacificus), thornyheads
(Sebastolobus spp.), and trawl-caught sablefish (Anoplopoma fimbria).
Sablefish are also called backcod. Thornyheads, also called idiots,
channel rockfish, or hardheads, include two species: Shortspine
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis).
These provisions apply to Dover sole and thornyheads caught with any
limited entry gear and to sablefish caught with limited trawl gear.
This definition aslo applies for the open access fishery.
(i) January-February 1998. In January-February 1998, the 2-month
cumulative trip limit for the DTS complex is 59,000 lb (26,762 kg) per
vessel. Within this cumulative trip limit, no more than 5,000 lb (2,268
kg) may be sablefish, no more than 40,000 lb (18,144 kg) may be Dover
sole, no more than 10,000 lb (4,536 kg) may be longspine thronyheads,
and no more than 4,000 lb (1,814 kg) may be shortspine thornyheads.
(ii) March 1988. Beginning in March 1998, the 2-month cumulative
trip limit for the DTS complex is 37,999 lb (16,783 kg) per vessel.
Within this cumulative trip limit, no more than 5,000 lb (2,268 kg) may
be sablefish, no more than 18,000 lb (8,165 kg) may be Dover sole, no
more than 10,000 lb (4,536 kg) may be longspine thornyheads, and no
more than 4,000 lb (1,814 kg) may be shortspine thornyheads.
(iii) The 60-percent monthly limits are: For the DTS complex,
35,400 lb (16,057) in January-February and 22,200 lb (10,070 kg) per 2-
month period starting in March; for trawl-caught sablefish, 3,000 lb
(1,361 kg) for each 2-month period; for Dover sale, 24,000 lb (10,886
kg) in January-February, and 10,800 lb (4,899 kg) per 2-month period
starting in March; for longspine thornyheads, 6,000 lb (2,722 kg) for
each 2-month period; and for shortspine thornyheads, 2,400 lb (1,089
kg) for each 2-month period. (iii) In any trip, no more than 500 lb
(227 kg) may be trawl-caught sablefish smaller than 22 inches (56 cm)
total length. (See paragraph IV.A.(6) regarding length measurement.)
(d) Nontrawl trip and size limits. To participate in 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
[[Page 440]]
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 fishery.
(i) Regular season. The regular season will begin at 12 noon (local
time) on August 1, 1998. The management structure of the regular
season, including season duration, closed periods, and trip limits will
be announced with the 1998 limited entry nontrawl sablefish season
regulations.
(ii) Daily trip limit. The daily trip limit, 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 is expected to be in effect throughout the year in Federal
waters south of 36 deg. N. lat.
(A) The daily trip limit for sablefish taken and retained with
nontrawl gear north of 36 deg. N. lat. is 300 lb (136 kg), which counts
toward a cumulative trip limit of 1,500 lb (680 kg) per 2-month period.
(Landings from the regular or mop-up seasons do not count toward this
cumulative limit, and the 60-percent monthly limits described at
paragraph (V.A.(1)(c)(i) do not apply.)
(B) The daily trip limit for sablefish taken and retained with
nontrawl gear south of 36 deg. N. lat is 350 lb (159 kg) with no
cumulative limit on the amount of sablefish that may be retained in a
month.
(iii) Limit on small fish. During the ``regular'' or ``mop-up''
season, 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.
(e) Conversions. The following conversions apply to both the
limited entry and open access fisheries. For headed and gutted
(eviscerated) sablefish:
(i) The minimum size limit for headed sablefish, which corresponds
to 22 inches (56 cm) total length for whole fish, is 15.5 inches (39
cm).
(ii) The conversion factor established by the state where the fish
is or will be landed will be used to convert the processed weight to
round weight for purposes of applying the trip limit. (The conversion
factor currently is 1.6 in Washington, Oregon, and California. However,
the state conversion factors may differ; fisherman should contact
fishery enforcement officials in the state where the fish will be
landed to determine that state's official conversion factor.)
(5) Whiting. Additional regulations that apply to the whiting
fishery are found at 50 CFR 660.306 and 50 CFR 660.323(a) (3) and (4).
(a) Allocations. The nontribal allocations are HGs, based on
percentages that are applied to the commercial HG (see 50 CFR
660.323(a)(4)), as follows:
(i) Catcher/processor sector--70,400 mt (34 percent);
(ii) Mothership sector--49,700 mt (24 percent);
(iii) Shore-based sector--86,900 mt (42 percent). No more than 5
percent (4,345 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 1998 primary seasons for the whiting fishery are
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. (the Eureka area); April 15 south of
40 deg.30' N. lat.
(c) Trip limits.
(i) Before and after the regular season. No more than 10,000 lb
(4,536 kg) of whiting may be taken and retained, possessed, or landed,
per vessel per fishing trip before and after the regular season for
whiting, as specified at 50 CFR 660.323(a) (3) and (4). This trip limit
includes any whiting caught shoreward of 100 fathoms (183 m) in the
Eureka subarea.
(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 subarea.
(6) Lingcod.
(a) Trip limits. The cumulative trip limit for lingcod is 1,000 lb
(454 kg) per vessel per 2-month period. The 60-percent monthly limit is
600 lb (272 kg). No lingcod may be smaller than 24 inches (61 cm) total
length, except for a 100-lb (45-kg) trip limit for trawl-caught lingcod
smaller than 24 inches (61 cm). Length measurement is explained at
paragraph IV.A.(6).
(b) Conversions. The following conversions apply in both limited
entry and open access fisheries.
(i) Size conversion. For lingcod with the head removed, the minimum
size limit, which corresponds to 24 inches (61 cm) total length for
whole fish, is 19.5 inches (49.5 cm).
(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 lingcod that is headed and
gutted, or only gutted, the following conversion factors will be used.
To determine the round weight, multiply the processed weight times the
conversion factor.
(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) 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 limits apply
to limited entry and open access fisheries. The crossover provisions at
paragraphs IV.A.(12) do not apply.
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 limited entry 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 the lesser of: Any trip limit, frequency limit, and/or size
limit for the open access fishery; or, in any calendar month, 50
percent of any 2-month
[[Page 441]]
cumulative trip limit for the same area in the limited entry fishery,
called the ``50-percent monthly limit.'' Fish harvested under the 50-
percent monthly limits also count toward the open access limits for
rockfish or groundfish, as applicable. For purposes of this paragraph,
exempted trawl gear (trawl gear that is used to harvest shrimp, prawns,
California halibut or sea cucumbers as provided in this paragraph C.)
may not exceed any limit for the limited entry trawl fishery, or 50
percent of any 2-month cumulative limit that applies to limited entry
trawl gear, unless otherwise specified. The crossover provisions at
paragraph IV.A.(12) that apply to the limited entry fishery apply to
the open access fishery as well. The conversions at paragraphs
IV.B.(4)(e) for sablefish and IV.B.(6)(b) for lingcod also apply to the
open access fishery.
(1) Rockfish. Rockfish means all rockfish as defined at 50 CFR
660.302, which includes the Sebastes complex (including yellowtail
rockfish, bocaccio, and canary rockfish), shortbelly rockfish, widow
rockfish, POP, and thornyheads.
(a) All open access gear (includes exempted trawl gear).
(i) Thornyheads. Thornyheads (shortspine and longspine) may not be
taken and retained, possessed, or landed north of Pt. Conception. South
of Pt. Conception, the daily trip limit for thornyheads is 50 lb (23
kg). (The 50-percent monthly limit is not relevant for thornyheads
south of Pt. Conception because it is much larger than the amount that
could be taken under the daily trip limits.)
(ii) Widow rockfish. The 50-percent monthly limit for widow
rockfish is 12,500 lb (5,670 kg).
(iii) POP. The 50-percent monthly limit for POP is 4,000 lb (1,814
kg).
(iv) Sebastes complex. The 50-percent monthly limit for the
Sebastes complex north of Cape Mendocino is 20,000 lb (9,072 kg). (The
50-percent monthly limit is not relevant for exempted trawl gear north
of Cape Mendocino, or for any open access gear south of Cape Mendocino
because it would be larger than the open access limits.) The 50-percent
monthly limits for yellowtail rockfish, bocaccio, and canary rockfish
are counted toward the 50-percent monthly limit for the Sebastes
complex.
(A) Yellowtail rockfish. The 50-percent monthly limit for
yellowtail rockfish is 5,500 lb (2,495 kg) north of Cape Mendocino;
(B) Bocaccio. The 50-percent monthly limit for bocaccio is 1,000 lb
(454 kg) south of Cape Mendocino. (The 50-percent monthly limit does
not apply to setnets and trammel nets which have a higher limit--see
paragraph IV.C.(1)(b)(ii));
(C) Canary rockfish. The 50-percent monthly limit for canary
rockfish is 7,500 lb (3,402 kg).
(b) Hook-and-line, pot, setnet, trammel net. The cumulative monthly
trip limit for rockfish is 40,000 lb (18,144 kg) per vessel per month,
and includes the daily trip limit for thorny-heads and the other limits
in paragraph IV.C. (1)(a) above. The following trip limits also apply,
which count toward the cumulative monthly limit:
(i) Hook-and-line or pot gear: 10,000 lb (4,536 kg) of rockfish per
vessel per fishing trip, of which no more than 250 lb (113 kg) may be
bocaccio taken and retained south of Cape Mendocino. As stated in
paragraph IV.C.(1)(iv)(B) above, no more than 1,000 lb (454 kg)
cumulative per month may be bocaccio taken and retained south of Cape
Mendocino. The trip limit at 50 CFR 660.323(a)(i) for black rockfish
caught with hook-and-line gear also applies and is counted toward the
cumulative Sebastes and rockfish limits (The black rockfish limit is
also stated in paragraph IV.B.(7).)
(ii) Setnet or trammel net gear (legal only south of 38 deg. N.
lat.): 2,000 lb (907 kg) cumulative per month of bocaccio taken and
retained south of Cape Mendocino. [Note: The open-access limit is
intentionally larger than the limited entry limit of 1,000 lb (454 kg)
per 2-month period.]
(2) Sablefish.
(a) Hook-and-line, pot, setnet, trammel net.
[Note: There is no 50-percent monthly limit for open access
sablefish taken with nontrawl gear because the limited entry
nontrawl fishery is not managed with 2-month cumulative trip
limits.]
(i) North of 36 deg.00' N. lat. North of 36 deg.00' N. lat., the
daily trip limit for sablefish is 300 lb (136 kg), which counts toward
a cumulative trip limit of 600 lb (272 kg) per 2-month period.
[Note: In 1997, the open access cumulative trip limit applied to 1-
month period.]
The 2-month cumulative limit may be taken at any time during the 2-
month period; there is no 60-percent monthly limit for the open access
fishery.
(ii) South of 36 deg.00' N. lat. The daily trip limit for sablefish
taken and retained south of 36 deg.00' N. lat. is 350 lb (159 kg).
(b) Exempted trawl gear. The 50-percent monthly limit of 2,500 lb
(1,134 kg) applies to sablefish taken and retained with exempted trawl
gear.
(3) Lingcod. The 2-month cumulative trip limit for lingcod is 1,000
lb (454 kg) and applies to all open access gear, including exempted
trawl gear. The 2-month cumulative limit may be taken at any time
during that 2-month period; there is no 60-percent monthly limit for
the open access fishery. The 50-percent monthly limit does not apply.
(4) Dover sole. The 50-percent monthly trip limit for Dover sole is
20,000 lb (9,072 kg) in January-February 1998 and 9,000 lb (4,082 kg)
starting in March 1998. It applies to all open access gear, except it
is not relevant for exempted trawl gear in January-February 1998
because then it is larger than the amount of groundfish that any
legally be taken with exempted trawl gear.
(5) Groundfish taken by shrimp or prawn trawl. The daily trip
limits, which count toward the trip limit for groundfish, are: for
sablefish coastwide, 300 lb (136 kg); and for thornyheads south of Pt.
Conception, 50 lb (23 kg). The limits in paragraphs IV.C.(1)(a),
(2)(b), (3), and (4) also apply.
(a) Pink shrimp. The trip limit for a vessel engaged in fishing for
pink shrimp is 500 lb (227 kg) of groundfish, multiplied by the number
of days of the fishing trip. The daily trip limits for sablefish and
thornyheads may not be multiplied by the number of days of the fishing
trip.
(b) Spot and ridgeback prawns. The trip limit for a vessel engaged
in fishing for spot or ridgeback prawns is 500 lb (227 kg) of
groundfish species per fishing trip.
(c) 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.
(6) Groundfish taken by California halibut or sea cucumber trawl.
The trip limit for a vessel participating in the California halibut
fishery or in the sea cucumber fishery south of Point Arena, CA
(38 deg.57'30'' N. lat.) is 500 lb (227 kg) of groundfish per vessel
per fishing trip. The daily trip limits, which count toward the trip
limit for groundfish, are: for sablefish, 300 lb (136 kg); and for
thornyheads south of Pt. Conception, 50 lb (23 kg). The limits in
paragraphs IV.C.(1)(a), (2)(b), (3), and (4) also apply.
(a) A trawl vessel will be considered participating in the
California halibut fishery if:
(i) It is not fishing under a valid limited entry permit issued
under 50 CFR part 660.333 for trawl gear;
(ii) All fishing on the trip takes place south of Point Arena; and
(iii) The landing includes California halibut of a size required by
California Fish and Game Code section 8392(a), which states: ``No
California halibut
[[Page 442]]
may be taken, possessed or sold which measures less than 22 inches in
total length, unless it weighs four pounds or more in the round, three
and one-half pounds or more dressed with the head on, or three pounds
or more dressed with the head off. Total length means the shortest
distance between the tip of the jaw or snout, whichever extends
farthest while the mouth is closed, and the tip of the longest lobe of
the tail, measured while the halibut is lying flat in natural repose,
without resort to any force other than the swinging or fanning of the
tail.''
(b) A trawl vessel will be considered 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 Point Arena; and
(iii) The landing includes sea cucumbers taken in accordance with
California Fish and Game Code section 8396, which requires a permit
issued by the State of California.
D. Recreational Fishery
(1) California. The bag limits for each person engaged in
recreational fishing seaward of the State of California are: 3 lingcod
per day, which may be no smaller than 24 inches (61 cm) total length;
and 15 rockfish per day, of which no more than may be bocaccio. Multi-
day limits are authorized by a valid permit issued by the State of
California and must not exceed the daily limit multiplied by the number
of days in the fishing trip.
(2) Oregon. The bag limits for each person engaged in recreational
fishing seaward of the State of Oregon are: 3 lingcod per day, which
may be no smaller than 24 inches (61 cm) total length; and 15 rockfish
per day, of which no more than 10 may be black rockfish (Sebastes
melanops).
(3) Washington. The bag limits for each person engaged in
recreational fishing seaward of the State of Washington are: 3 lingcod
per day no smaller than 24 inches (61 cm) total length; and 10 rockfish
per day.
V. Washington Coastal Tribal Fisheries
In late 1994, the U.S. government formally recognized the treaty
right to fish for groundfish of the four Washington Coastal Treaty
tribes (the Makah, Quileute, Hoh, and Quinault), and concluded that in
general terms the quantification of the right is 50 percent of the
harvestable surplus of groundfish available in the tribes' usual and
accustomed fishing areas (described at 50 CFR 660.324).
A tribal allocation is subtracted from the species HG before
limited entry and open access allocations are derived. The treaty
Indian 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 their fisheries so as
not to exceed their allocations. Tribal fishing for rockfish with fixed
gear will operate under the same rules as the open access fishery, with
one exception. The coastal tribes intend to implement a 300-lb (136-kg)
trip limit for thornyheads taken with longline gear, which is expected
to result in landings of 8,000-10,000 lb (3,629-4,536 kg). For other
groundfish species, Makah tribal members may use midwater trawl gear to
take and retain groundfish for which there is no tribal allocation;
those who do so will be subject to the trip landing and frequency and
size limits applicable to the limited entry fishery (50 CFR
660.324(k)). Additional background regarding the tribal allocations
appears at 61 FR 28786, June 6, 1996 and 62 FR 700, January 7, 1997 and
the EA and updated analysis for those actions.
The tribal allocations for black rockfish and whiting are the same
in 1998 as in 1997, and are based on the same rationale. The whiting
allocation remains in effect as discussions on quantification of the
treaty right continue in 1998. The tribal allocation for salbefish
remains at 10 percent of the HG, and therefore is reduced from 780 mt
in 1997 to 468 mt in 1998, to reflect the reduction in the HG.
The tribal longline fishery has operated under the same
restrictions as the open access fishery; therefore, no special
provisions have been needed for this fishery. However, with the
prohibition of retention of thornyheads in the open access fishery
north of 36 deg.N. lat., (while thoryheads are retained in the limited
entry fishery), the tribal fishery operating under open access rules
had no opportunity to retain even incidental amounts of thornyheads.
Therefore, in order to allow tribal fishers at least an opportunity for
the incidental harvest of species harvested by non-treaty fishers, a
300-lb (136 kg) ``per trip'' limit is established for the tribal
longline fishery. NMFS Actions
For the reasons stated above, the Assistant Administrator (AA)
announces the following tribal allocations for 1998, including those
that are the same as in 1997:
Sablefish: 468 mt, 10 percent of the HG.
Rockfish: For the commercial harvest of black rockfish off
Washington State an 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.). this 30,000 lb (13.6 mt) is subtracted from the HG for the
northern Sebastes complex. Thornyheads taken and retained with longline
gear are subject to a 300 lb (136 kg) trip limit, which is expected to
result in landings of 8,000-10,000 lb (3,629-4,536 kg).
Whiting: 25,000 mt for the Makah tribe in 1998, 10.8 percent of the
HG.
VI. Issuance of Exempted Fishing Permits (EFPs) In 1997
In 1996, renewals were requested and approved for three different
types of EFPs (formerly called ``experimental fishing permits''): (1)
The first was from the State of Oregon (representing Washington and
California as well) for the purpose of renewing the 1996 EFP to monitor
the bycatch of salmon in the shore-based whiting fishery. Under this
permit, 45 vessels were issued EFPs that required all salmon caught
incidentally in the whiting fishery to be landed shore-side. A
variation of the whiting EFP also was requested by the State of
California so that a small number of fishers could be allowed to fish
for whiting inside of the 100-fathom (183-m) contour in the Eureka
Management Area, which currently is prohibited. The purpose was to see
if the bycatch rate of salmon could be kept at acceptable levels by
this small, shore-based sector of the fleet delivering to Eureka and
Crescent City, CA. At-sea observers would be abroad all whiting trips.
Even though this variation to the whiting EFP was approved, the
industry declined to participate.
(2) The second EFP was for a new, enhanced data collection program
that applied to the other groundfish fisheries. The application was
submitted by the State of Oregon, but could include involvement by the
States of Washington and California as well. This is a multi-year
cooperative data collection program with the industry and state and
Federal governments. Twenty-five EFPs were issued in 1997. The purpose
of the experiment was to monitor trip-limit-induced discards and the
bycatch of salmon and other non-target species in the groundfish trawl
fishery. All participating vessels were required to land salmon caught
incidentally in groundfish trawl gear and to keep enhanced logbooks
required by the States. Some vessels were required to carry at-sea
observers to monitor trip-limit induced discards, and some vessels
could have been required to bring virtually their entire catch to shore
for additional monitoring
[[Page 443]]
although this occurred infrequently in 1997.
(3) The purpose of the third EFP was to collect reproductive
samples for sablefish to test assumptions in the stock assessment for
that species. An EFP was requested because a vessel would have been
authorized to land 500 lb (227 kg) in excess of the cumulative trip
limit for trawl-caught sablefish (for a total of 5 mt in 1996), and
would have been able to sell the scientific samples. A state or Federal
scientist would have been aboard every trip to gather the biological
data. Although this permit was approved and issued, it had not been
used at the time this notice was prepared in late 1997--fish were
obtained directly from processors and the EFP was not needed.
VII. EFPS Requested for 1998
NMFS has approved requests to renew the whiting and enhanced data
collection EFPs for 1998. The whiting EFP described in paragraph VI.
will be continued, pending development and implementation of a
regulation that would authorize salmon to be retained and landed in
appropriate circumstances. Fishers are concerned that their practice of
dumping codends directly into the hold would make monitoring of trip
limits difficult, if not impossible, and wanted the EFP continued
because it results in the forfeiture of overages but does not impose
penalties for overages. The scope of the experiment and level of
participation will be the same as in 1997.
Continuation of the enhanced data collection program described in
paragraph VI. will also include several minor changes. The major change
will enable data to be obtained on a vessel throughout its fishing
activities in a month, even if the vessel is not fishing for
groundfish. This will provide information on groundfish bycatch in
other fisheries (particularly shrimp fisheries) and on a fisher's
choice to pursue alternative fisheries or fishing strategies. The
program also could be expanded to include whiting fisheries when the
whiting EFP no longer is in effect.
Requests for these EFPs were presented at the Council's November
1997 meeting. Comments on the EFP programs were invited at the November
1997 Council meeting and the Council recommended approval. Now that
NMFS has approved the renewal, the whiting EFPs could be issued as
early as March 1 for vessels delivering in the State of California, and
in the spring for vessels operating under the enhanced data collection
EFP.
Classification
The final specifications and management measures for 1998 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).
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 1998 fishing
year, the AA has 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
1997 where these recommendations were formulated. Additional public
comments on the specifications and management measures will be accepted
for 30 days after publication of this document in the Federal Register.
The Assistant Administrator (AA) will consider all comments made during
the public period and may make modifications as appropriate.
The harvest specifications and the management measures designed to
achieve those specifications announced by this rule do not require any
time to come into compliance with. As described above, the interested
public has participated in the Council process where these regulations
were formulated. The Council has provided information to the industry
on the above management measures and specifications through the U.S.
Coast Guard Notice to Mariners and the States of Washington, Oregon,
and California will also deciminate 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 the effective
date of the specifications and management measures.
NEPA: For the Annual Specifications and Management Measures and
Exempted Fishing Permits--An Environmental Impact Statement (EIS) was
prepared for the FMP in 1982 and Supplemental EISs was prepared for
Amendments 4 and 6 in accordance with the National Environmental Policy
Act (NEPA). The alternatives considered and 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. The Council prepared an
environmental assessment (EA) which was the basis for this conclusion.
For the Makah Whiting Allocation: An EA also was prepared for the
tribal groundfish rule at 61 FR 28786 which concluded that the proposed
1996 Makah allocation would have no significant impact on the human
environment. NMFS updated the EA for 1997 and concluded, as it did in
1996, that the 1997 Makah allocation would have no significant impact
on the human environment. The 1998 whiting HG and allocation are the
same as in 1997 and are within the scope previously analyzed; therefore
an additional EA was not prepared. Therefore this action is
categorically excluded from the NEPA requirements to prepare an
environmental assessment in accordance with paragraph 6.02b3(a) of the
NOAA Administrative Order 216-6.
Dated: December 30, 1997.
Hilda Diaz-Soltero,
Acting Assistant Administrator, for Fisheries, National Marine
Fisheries Service.
[FR Doc. 97-34234 Filed 12-31-97; 10:15 am]
BILLING CODE 3510-22-P
