[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Rules and Regulations]
[Pages 2331-2344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-465]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611 and 663
[Docket No. 941265-4365; I.D. 121694D]
RIN 0648-AH50
Foreign Fishing; Pacific Coast Groundfish Fishery; Annual
Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: 1995 groundfish fishery specifications and management measures;
request for comments.
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SUMMARY: NMFS announces the 1995 fishery specifications and management
measures for groundfish taken in the U.S. exclusive economic zone and
state waters off the coasts of Washington, Oregon, and California as
authorized by the Pacific Coast Groundfish Fishery Management Plan
(FMP). The specifications include the level of the acceptable
biological catch (ABC) and harvest guidelines including the
distribution between domestic and foreign fishing operations. The
harvest guidelines are allocated between the limited-entry and open-
access fisheries. The management measures for 1995 are designed to keep
landings within the harvest guidelines, for those species for which
there are harvest guidelines, and to achieve the goals and objectives
of the FMP and its implementing regulations. The intended effect of
these actions is to establish allowable harvest levels of Pacific Coast
groundfish and to implement management measures designed to achieve,
but not exceed those harvest levels, while extending fishing and
processing opportunities as long as possible during the year.
DATES: Effective January 4, 1995 until the 1996 annual specifications
and management measures are filed for public inspection with the Office
of the Federal Register, unless modified, superseded, or rescinded. All
landings between January 1, 1995, and January 4, 1995, inclusive, will
be counted toward cumulative trip limits. Comments will be accepted
until February 8, 1995.
ADDRESSES: Comments on these specifications should be sent to Mr.
William Stelle, Jr., Director, Northwest Region, National Marine
Fisheries Service, 7600 Sand Point Way N.E., BIN C15700, Bldg. 1,
Seattle, WA 98115-0070; or Ms. Hilda Diaz-Soltero, Director, Southwest
Region, National Marine Fisheries Service, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213. Information relevant to these
specifications and management measures, including the SAFE report, has
been compiled in aggregate form and is available for public review
during business hours at the office of the Director, Northwest Region,
NMFS (Regional Director), or may be obtained from the Pacific Fishery
Management Council (Council), by writing the Council at 2130 SW Fifth
Avenue, Suite 224, Portland, OR 97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.
SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications
for groundfish be evaluated each calendar year, that harvest guidelines
or quotas be specified for species or species groups in need of
additional protection, and that management measures designed to achieve
the harvest guidelines or quotas be published in the Federal Register
and made effective by January 1, the beginning of the next fishing
year. This action announces and makes effective the final 1995 fishery
specifications and the management measures designed to achieve them.
These specifications and measures were considered by the Council at two
meetings and were recommended to NMFS by the Council at its October
1994 meeting.
I. Final Specifications
ABCs and Harvest Guidelines; Apportionments to Foreign and Joint
Venture Fisheries; Open Access and Limited-Entry Allocations.
The fishery specifications include ABCs, the designation of harvest
guidelines or quotas for species that need individual management, the
apportionment of the harvest guidelines or quotas between domestic and
foreign fisheries, and allocation between the open-access and limited-
entry segments of the domestic fishery.
The final 1995 specifications for ABCs, harvest guidelines, and
limited-entry and open-access allocations are listed in Table 1,
followed by a discussion of each 1995 specification that differs from
1994 levels. The [[Page 2332]] apportionment between foreign and
domestic fisheries is explained separately at the end of this section.
As in the past, the specifications include fish caught in state ocean
waters (0-3 nautical miles offshore) as well as fish caught in the
exclusive economic zone (EEZ) (3-200 nautical miles offshore).
[[Page 2333]]
Table 1.--1995 Specifications of Acceptable Biological Catch (ABC), Harvest Guidelines, and Limited-Entry and Open-Access Allocations, by International
North Pacific Fisheries Commission (INPFC) Subareas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acceptable Biological Catch (ABC) ( x 1,000 mt) Allocations ( x 1,000 mt)
-------------------------------------------------------------------- Harvest -------------------------------------------
Species Guideline ( x Limited entry Open access
Vancouvera Columbia Eureka Monterey Conception Total ABC 1,000 mt) -------------------------------------------
1000 mt Percent 1000 mt Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Roundfish:
Lingcodb............
(1)1.3 0.3 0.7 0.1 2.4 2.4 1.21 80.9 0.29 19.1
---------------------------------------------------------
Pacific cod.........
(1)3.2 (c) (c) (c) 3.2 .......... ......... .............. ......... .........
---------------------------------------------------------
Pacific whitingd....
(4)223.0 223.0 178.4 ......... ......... .......... .........
---------------------------------------------------------
Sablefishe,f........
(3)8.7 0.425 9.1 7.1 5.90 93.4 0.42 6.6
---------------------------------------------------------
Jack mackerelg......
(2)52.6
(1) 52.6 52.6 ......... ......... .......... .........
---------------------------------------------------------
Rockfish:
POPh................ 0.0 0.0 (c) (c) (c) 0.0 1.3 ......... ......... ......... .........
---------------------------------------------------------
Shortbelly..........
(4)23.5 23.5 23.5 ......... ......... .......... .........
---------------------------------------------------------
Widowi..............
(4)7.7 7.7 6.5 6.26 96.3 0.24 3.7
---------------------------------------------------------
Thornyheads:
(3)8.0 .......... 8.0 ......... ......... .......... ......... ..............
---------------------------------------------------------
Shortspinee,j...
(3)1.0 .......... 1.0 1.5 ......... .......... ......... ..............
---------------------------------------------------------
Longspinee,j....
(3)7.0 .......... 7.0 6.0 ......... .......... ......... ..............
---------------------------------------------------------
Sebastes complex:k..
(1)11.9
(2)13.2 11.9 N,
13.2 S 11.8 N
13.2 S 10.67
8.76 90.4
67.4 1.13
4.24 9.6
32.6
---------------------------------------------------------
Bocacciol....... (c) (c)
(2)1.7 1.7 1.7 1.01 67.4 0.49 32.6
---------------------------------------------------------
Canarym.........
(1)1.0 0.25 (c) (c) 1.25 0.85 0.78 91.2 0.07 8.8
---------------------------------------------------------
Chilipepper..... (c) (c)
(2)4.0 4.0 ......... ......... ......... .......... .........
---------------------------------------------------------
Yellowtailn..... 1.19 2.97 2.58 (c) (c) 6.74 4.16 N
2.58 S 3.76
2.33 90.4
90.4 0.40
0.25 9.6
9.6
---------------------------------------------------------
Remaining
rockfish....... 0.8 3.7
(2)7.0 11.5 ......... ......... ......... .......... .........
---------------------------------------------------------
Flatfish:
Dover solee,o....... 2.4 3.0 2.9 5.0 1.0 14.3 13.6 WOC,
2.85 Col ......... ......... ......... .........
---------------------------------------------------------
English sole........
(1)2.0
(2)1.1 3.1 ......... ......... ......... .......... .........
---------------------------------------------------------
Petrale sole........
(1)1.2 0.5 0.8 0.2 2.7 .......... ......... .............. ......... .........
---------------------------------------------------------
Arrowtooth Flounder.
(4)5.8 5.8 ......... ......... ......... .......... .........
---------------------------------------------------------
Other flatfish...... 0.7 3.0 1.7 1.8 0.5 7.7 .............. ......... ......... ......... .........
---------------------------------------------------------
Other fishp............. 2.5 7.0 1.2 2.0 2.0 14.7 .............. ......... ......... ......... .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
aU.S. Vancouver only, except for Pacific whiting.
[[Page 2334]]
bThe lingcod stock assessment covers the entire Vancouver INPFC area, including Canada, and the Columbia subarea north of Cape Falcon. The U.S. ABC is
based on 50 percent of the ABC for this assessment area plus 400 mt for the Columbia subarea south of Cape Falcon. The coastwide harvest guideline
equals the sum of the ABCs and includes a recreational harvest of 900 mt.
cThese species are not common nor important in the areas footnoted. Accordingly, for convenience, Pacific cod is included in the ``other fish'' category
for the areas footnoted, and rockfish species are included in the ``remaining rockfish'' category for the areas footnoted only.
dCoastwide ABC including Canadian waters. The U.S. harvest guideline is 80 percent of the U.S./Canada ABC. The shore-based reserve is 71,400 mt in 1995,
40 percent of the harvest guideline.
eDover sole, thornyheads, and trawl-caught sablefish are managed together as the ``DTS complex'' (formerly called the deepwater complex). There is no
harvest guideline for the DTS complex.
fThe 7,100 mt sablefish harvest guideline is the 8,700 mt ABC north of the Conception subarea (north of 36 deg. N. latitude) reduced by 900 mt for
estimated discards and 700 mt for projected harvest above the 1994 harvest guideline. The 7,100 mt harvest guideline is reduced by 780 mt for the
treaty tribes before dividing the remaining 6,320 mt between the limited entry (5,900 mt) and open access (420 mt) fisheries. The limited entry
allocation is further divided 58 percent (3,420 mt) trawl, 42 percent (2,480 mt) nontrawl allocations which also are harvest guidelines. (See the
section on trawl and nontrawl sablefish management for 1994.)
gOnly jack mackerel north of 39 deg.00' N. latitude are managed by the FMP. The ABC and harvest guideline include area beyond 200 nm.
hThe POP harvest guideline applies to the Vancouver/Columbia subareas combined. A discard factor of 16 percent was used in setting the harvest guideline
for landed catch.
iThe 6,500 mt harvest guideline is derived by subtracting an estimate of discards (1,200 mt) from the ABC (7,700 mt).
jThe thornyhead ABCs and harvest guidelines apply north of Point Conception, CA. The harvest guideline represents landed catch.
kThe Sebastes-North harvest guideline (11,800 mt) applies to the Vancouver and Columbia subareas and equals the sum of the ABCs as follows: canary
(1,000 mt), yellowtail rockfish (6,740 mt coastwide minus 300 mt for the Eureka subarea), and remaining rockfish (4,500 mt), minus 150 mt for
estimated discards of canary rockfish. Within the Sebastes-North harvest guideline are two small harvest guidelines for commercial harvest of black
rockfish by the Makah, Quileute, Hoh, and Quinault Indian tribes: 20,000 pounds (9,072 kg) for the EEZ north of Cape Alava (48 deg.09'30'' N.
latitude) and 10,000 pounds (4,536 kg) between Destruction Island (47 deg.40'00'' N. latitude) and Leadbetter Point (46 deg.38'10'' N. latitude). The
Sebastes-South harvest guideline is the sum of the ABCs for the species in the Eureka/Monterey/Conception subareas: bocaccio (1,700 mt), canary (250
mt), chilipepper (4,000 mt), yellowtail rockfish (300 mt), and remaining rockfish (7,000 mt).
lThe bocaccio harvest guideline applies to the Eureka, Monterey, and Conception subareas; as trip-limit induced discards are believed to be minimal,
there is no deduction for discards. The open access and limited entry allocation percentages for bocaccio are applied only to the commercial portion
of the harvest guideline, which is 1,500 mt in 1995 (1,700 mt harvest guideline minus 200 mt estimated recreational harvest).
mThe canary rockfish harvest guideline for the Vancouver/Columbia area is the sum of the ABCs minus 150 mt for estimated discards.
nThe 1993 yellowtail rockfish assessment addressed three separate areas: U.S. Vancouver; Columbia north of Cape Falcon; and Columbia south of Cape
Falcon plus Eureka. For this table, the 2,970 mt Columbia ABC is for north Columbia only, and the Eureka ABC is for the Eureka subarea plus south
Columbia. The total ABC for yellowtail rockfish is divided into two harvest guidelines: 4,160 mt for the northern area (Vancouver plus Columbia north
of Cape Lookout, close to Cape Falcon) and 2,580 mt for the southern area (Eureka plus Columbia area south of Cape Lookout). The harvest guidelines
for the Sebastes complex apply to different areas, north and south of the Columbia/Eureka border at 43 deg.00'00'' N. latitude. For calculating the
Sebastes complex harvest guidelines, 300 mt of yellowtail rockfish is estimated for the Eureka subarea. Therefore, 300 mt of the yellowtail rockfish
southern harvest guideline is included in the southern Sebastes complex harvest guideline, and the remainder of the yellowtail rockfish southern
harvest guideline is included in the northern Sebastes complex harvest guideline.) A 16 percent discard factor will be added to certain landings of
yellowtail rockfish inseason. This will affect inseason landings estimates for the Sebastes complex also.
oThe 13,600 mt coastwide harvest guideline for Dover sole (14,300 mt ABC minus 700 mt estimated discards) includes a 2,850 mt harvest guideline for the
Columbia subarea (3,000 mt ABC minus 150 mt estimated discards).
pIncludes sharks, skates, rays, ratfish, morids, grenadiers, and other groundfish species noted above in footnote c.
[[Page 2335]]
Changes to the ABCs and Harvest Guidelines
The 1995 final ABCs are changed from the 1994 levels for the
following species: lingcod, Pacific whiting (whiting), sablefish, widow
rockfish, shortspine thornyheads, longspine thornyheads, bocaccio,
canary rockfish and Dover sole. These changes are based on the best
available scientific information. The ABCs represent the total catch--
amounts that are discarded as well as that are retained. Information
considered in determining the ABCs is available from the Council and
was made available to the public, before the Council's October 1994
meeting, in the Council's stock assessment and fishery evaluation
(SAFE) document (see ADDRESSES).
Those species or species groups with harvest guidelines in 1994
will continue to be managed with harvest guidelines in 1995. As in
1994, no quotas are established. The 1995 harvest guidelines differ
from those in 1994 for: lingcod, whiting, sablefish, Sebastes complex--
north and south of 43 deg.00'00'' N. lat. (the Columbia/Eureka subarea
boundary), bocaccio, and Dover sole. Harvest guidelines are established
for the first time for canary rockfish and individually for shortspine
thornyheads and longspine thornyheads; the harvest guideline for
thornyheads combined is no longer needed. In 1995, most of the species
harvest guidelines represent only that portion of the catch that is
landed. Where information is available, a discard factor is subtracted
from the ABC to determine the harvest guideline. More detailed
information is found in the Council's SAFE document.
The changes to the ABCs and harvest guidelines are described
briefly below. All other ABC and annual harvest guideline
specifications announced for 1994 (Table 1 at 59 FR 685, January 6,
1994) will apply again in 1995 and are included in Table 1. More
detailed information appears in the Council's SAFE document, the
``Groundfish Management Team (GMT) Final Recommendations for 1995
Acceptable Biological Catches (ABC) and Harvest Guidelines'' (GMT
Report F.3.) from the October 1994 Council meeting, and the Council's
newsletters for its August and October 1994 meetings (see ADDRESSES).
Lingcod. A new stock assessment for lingcod resulted in severe
reductions to its ABC, from 7,000 mt in 1994 to 2,400 mt in 1995, based
on reductions in each subarea: From 1,000 mt (Vancouver) and 4,000 mt
(Columbia) in 1994 to 1,300 mt for both subareas combined in 1995; from
500 mt in 1994 to 300 mt in 1995 in the Eureka subarea; from 1,100 mt
in 1994 to 700 mt in 1995 in the Monterey subarea; and from 400 mt in
1994 to 100 mt in 1995 in the Conception subarea. These reductions
result from a comprehensive assessment based on fishery and survey data
between Cape Falcon, OR, and 49 deg.00'00'' N. lat. off Vancouver
Island, Canada, between 1979-93. The average yield of 2,736 mt in this
area during 1989-1993 is just below the overfishing level. South of
Cape Falcon, there is concern that the young average age in the catch
indicates a substantial level of fishing mortality. The ABCs are set at
63 percent of the average catch during 1989-93, proportional to the
reduction of catch recommended north of Cape Falcon, to reduce catch
until a full stock assessment can be conducted. The harvest guideline
is equal to the coastwide ABC; there is no estimate for discards at
this time. Reductions in catch are expected to occur through imposition
of a cumulative trip limit and a size limit in 1995. Lingcod management
is complicated by harvest in Canadian waters and by recreational
fisheries. Coordination with Canada on assessment and management of
this species is necessary.
Whiting. The ABC for whiting in 1994 (325,000 mt for the United
States and Canada combined) was substantially higher than in previous
years, predominantly because the 1992 hydroacoustic survey utilized
new, more sensitive equipment, and extended farther offshore and
farther north to encompass the species' range. To provide for cautious
exploitation until the survey results can be confirmed (in 1995-96), a
conservative harvest rate policy was adopted to minimize the risk to
the resource if the ABC were later found to be too high. The Council
also felt it prudent to acknowledge the possibility that the total U.S.
and Canadian harvest in 1994 might exceed the U.S.-Canada ABC, as
occurred in 1992 and 1993.
The U.S.-Canada ABC for whiting in 1995 is much lower, 223,000 mt,
due to the anticipated decline in stock level following the very large
1980 and 1984 year classes, which for the most part, are no longer
available to the fishery. The Council recommended that the U.S. harvest
guideline be set at 80 percent of the U.S.-Canada ABC, unless agreement
for a different share were reached at the U.S.-Canada discussions to be
held after the Council meeting. Agreement was not reached between the
two countries. Therefore, the 80-percent share is used again in 1995,
resulting in the U.S. harvest guideline of 178,400 mt.
If Canada continues to calculate its share in the same manner as in
1992-94, the U.S. and Canadian total harvest will be 14 percent above
the coastwide ABC in 1995. These overages have not caused a biological
problem, particularly given the large increase in the ABC in 1994 and
use of a conservative exploitation rate. The total harvest in 1995
would be lower than the overfishing level, and lower than the amount
that would have been taken if the Council had chosen to use a moderate
harvest rate level, as in 1993, in determining the ABC. Bilateral
discussions with Canada are expected to continue.
The regulations at 50 CFR 663.23(b)(4) set aside 40 percent of the
U.S. harvest guideline for priority use by vessels delivering
shoreside. In 1995, this reserve is 71,400 mt.
Sablefish. The 1995 ABC in the Conception area remains at 425 mt.
The ABC for sablefish north of the Conception subarea (36 deg.00'00''
N. lat.) is increased from 7,000 mt in 1994 to 8,700 mt in 1995, based
on the results of a new stock assessment and by including expected
discards in the ABC. However, the 1995 harvest guideline (north of
36 deg.00'00'' N. lat.) is 7,100 mt (considerably lower than the
combined ABC), only 100 mt higher than the harvest guideline in 1994.
An estimate of discards (900 mt) is subtracted from the ABC for the
area north of Conception to derive a harvest guideline that represents
only landed catch. A further reduction of 780 mt is made for treaty
tribes. The harvest guideline for 1995 was reduced further to
compensate for 700 mt the Council expected to be taken above the
harvest guideline in 1994. After the October meeting, it was discovered
that landings were projected to be 700 mt over the limited entry gear
allocations, rather than the species' harvest guideline. Therefore,
because the open-access allocation would not be reached, the harvest
guideline would be exceeded by only about 328 mt (5 percent). The
Council is expected to address this error at its March 1995 meeting and
may recommend an increase to the sablefish harvest guideline in 1995.
Widow rockfish. No new stock assessment was prepared for widow
rockfish, but the ABC is increased from 6,500 mt in 1994 to 7,700 mt in
1995 to include an estimate of discards in the fishery. The harvest
guideline remains the same as in 1994, 6,500 mt, representing only the
landed catch.
Shortspine and longspine thornyheads. Based on new stock
assessments, the ABCs for shortspine and longspine thornyheads are
reduced in 1995: from 1,900 mt to 1,000 mt for shortspine thornyheads
and from 10,100 [[Page 2336]] mt to 7,000 mt for longspine thornyheads.
The 1995 ABCs apply north of Point Conception, CA (34 deg.30'00'' N.
lat.), whereas in 1994 they applied only to the Monterey, Eureka, and
Columbia subareas (36 deg.00'00''-47 deg.30'00'' N. lat.). The
reductions occurred primarily because the survey area was enlarged,
revealing an overestimate of the coastwide biomass in the previous
stock assessment, particularly for shortspine thornyheads. Shortspine
thornyheads are fully exploited, but did not reach the overfishing
level in 1994. Longspine thornyheads are being fished down to the level
that would produce maximum sustainable yield (MSY).
For the first time, separate harvest guidelines are set for
shortspine and longspine thornyheads. In previous years, they were
combined because it had been thought that the two species, which often
are caught together, were too difficult to tell apart. However, the
industry has testified that the species can be differentiated, and
certain areas can be avoided to decrease excessive harvest of
shortspine thornyheads. Consequently, the Council recommended harvest
guidelines of 1,500 mt for shortspine thornyheads (above its ABC) and
6,000 mt for longspine thornyheads (below its ABC). Even though
longspine thornyheads are above the level that would produce MSY, its
harvest guideline is less than ABC to protect shortspine thornyheads,
and in anticipation of future declines in the longspine thornyhead ABC
as it is reduced to its MSY level. The shortspine thornyhead harvest
guideline is set above its ABC because of the uncertainty in the
assessment; the 1,500-mt harvest guideline is less than the overfishing
level under the preferred assessment scenario and is similar to the ABC
level that would result from plausible assessments with higher levels
of natural mortality or lower levels of survey catchability. These
harvest guidelines, which apply only north of Point Conception, will
result in a small increase in the longspine thornyhead catch and a
large decrease in the shortspine thornyhead catch.
Bocaccio. The ABC and harvest guideline for bocaccio are increased
from 1,540 mt in 1994 to 1,700 mt in 1995. This increase is due
entirely to removal of an assumed discard level. The discard factor is
removed because only a small number of vessels are constrained by
current trip limits. As in the past, the harvest guideline applies only
to the Eureka, Monterey, and Conception subareas (the EEZ south of
43 deg.00'00'' N. lat.), and, because discards are assumed to be
negligible, the harvest guideline represents total catch. An estimate
of discards will be added to inseason projections of the catch if new
information indicates that discarding is occurring.
Canary rockfish. A new assessment for canary rockfish in the
Vancouver and Columbia subareas (north of 43 deg.00'00'' N. lat.)
indicates that the stock has undergone a substantial decline and that
continuation of current catch levels, which are at the ABC levels set
in 1990, would be overfishing. Therefore, the 1994 ABCs of 800 mt in
the Vancouver subarea and 1,500 mt in the Columbia subarea are reduced
to 1,000 mt for both areas combined in 1995. The survey trend in the
Eureka area indicates an even more severe decline, so the ABC is
reduced from 600 mt in 1994 to 250 mt in 1995, close to the recent
average catch in this area. Therefore, the coastwide ABC is reduced
from 2,900 mt in 1994 to 1,250 mt in 1995. A harvest guideline is set
for the first time in 1995, at 850 mt, for the combined Vancouver/
Columbia area, which is equal to the subarea ABCs minus 150 mt of
estimated discards.
Sebastes complex. The Sebastes complex includes all rockfish except
widow, shortbelly, Pacific ocean perch (POP), and thornyheads.
North: The harvest guideline for the Sebastes complex in the
Vancouver-Columbia area (the EEZ north of 43 deg.00'00'' N. lat.) is
11,800 mt in 1995, 1,440 mt lower than the 13,240 mt harvest guideline
in 1994. It is calculated by adding the ABCs for canary and remaining
rockfish in the Vancouver and Columbia subareas, and for yellowtail
rockfish in the Vancouver, Columbia, and Eureka subareas and then
subtracting 450 mt (300 mt for an estimate of the yellowtail ABC in the
Eureka subarea, and 150 mt for estimated discards of canary rockfish).
The reduction in 1995 reflects the reduction in the ABC for canary
rockfish in the same area. Inseason estimates of yellowtail rockfish
discards are counted toward this harvest guideline.
South: The harvest guideline for the Sebastes complex in the
Eureka, Monterey, and Conception subareas (the EEZ south of
43 deg.00'00'' N. lat.) is 13,200 mt in 1995, slightly lower than
13,440 mt in 1994. It is based on the sum of the ABCs of the species in
those subareas (bocaccio, chilipepper, yellowtail rockfish, and
remaining rockfish); no estimate for discards is subtracted because
trip-limit induced discards are believed to be negligible for these
species in this area. The decrease reflects the net change in the ABCs
for bocaccio and canary rockfish in the southern area.
Note: As in 1994, the 1995 ABCs and harvest guidelines for the
Sebastes complex and yellowtail rockfish apply to different areas
due to differences in stock assessment areas. The ABCs and harvest
guidelines for the Sebastes complex apply north and south of
43 deg.00'00'' N. lat. (the Columbia/Eureka subarea boundary). The
yellowtail rockfish ABCs in the Columbia area are divided at Cape
Falcon (45 deg.46'00'' N. lat.) and the harvest guidelines are
divided at Cape Lookout (40 deg.20'15'' N. lat.). Further
explanation is found in the October 1993 SAFE document and at 59 FR
691, January 6, 1994. Trip limits are applied to the same areas as
the harvest guidelines.
Dover sole. Based on a new stock assessment, the ABC for Dover sole
in the Eureka subarea is reduced from 3,500 mt in 1994 to 2,900 mt in
1995, and in the Columbia subarea from 4,000 mt in 1994 to 3,000 mt in
1995. The Vancouver, Monterey, and Conception subarea ABCs are not
changed, so the coastwide ABC is reduced from 15,900 mt in 1994 to
14,300 mt in 1995, which is similar to the catch in 1993; landings in
1994 are expected to be less than 9,000 mt. The reduction in the Eureka
ABC appears to be due to declining recruitment. There is some
uncertainty in Dover sole biomass estimates due to the catchability
coefficient applied to the survey data, especially in the Columbia
area. The Columbia ABC is believed to be a realistic upper estimate.
The coastwide harvest guideline for Dover sole is reduced from
16,900 mt in 1994 to 13,600 mt in 1995, equal to the sum of the subarea
ABCs minus 5 percent for estimated discards. As in the past, a separate
harvest guideline is set for the Columbia subarea. In 1992, the
Columbia subarea harvest guideline was set higher than the ABC and was
scheduled to be reduced by 1,000 mt annually until it equaled 4,000 mt,
the expected ABC in 1995. However, the 1995 ABC has been reduced to
3,000 mt, and the Council maintained its original intent to set the
harvest guideline equal to the ABC by 1995. Therefore, the Columbia
area harvest guideline is reduced from 5,000 mt in 1994 to 2,850 mt in
1995 (the 3,000-mt Columbia ABC minus 150 mt for estimated discards).
Setting Harvest Guidelines Greater Than ABC
In most cases, harvest guidelines are less than or equal to the
ABCs, or prorated ABCs, for specific areas. However, for 1995 as in
1994, the Council recommended harvest guidelines that exceed the ABCs
for two species, POP and shortspine thornyheads. The FMP requires that
the Council consider certain factors when setting a harvest guideline
above an ABC. These factors were analyzed by [[Page 2337]] the
Council's GMT and considered at the Council's October 1994 meeting
before recommending the 1995 harvest guidelines. These factors also
were considered when establishing the 20-year rebuilding schedule for
POP in the 1981 FMP, in the most recent stock assessments for POP (in
the August 1992 SAFE document) and shortspine thornyheads (in the
October 1994 SAFE document), and in the GMT's recommendations for 1995
(GMT Report F.3., October 1994).
Overfishing. The FMP defines ``overfishing'' as a fishing mortality
rate that would, in the long-term, reduce the spawning biomass per
recruit below 20 percent of what it would have been if the stock had
never been exploited (unless the species is above the level that would
produce MSY). The rate is defined in terms of the percentage of the
stock removed per year. Therefore, high catch rates can cause
overfishing at any stock abundance level. Conversely, overfishing does
not necessarily occur for stocks at low abundance levels if the catch
can be kept to a sufficiently small fraction of that stock level. The
target rate of exploitation for Pacific Coast groundfish typically is
the rate that would reduce spawning biomass per recruit to 35 percent
of its unfished level. This desired rate of fishing will always be less
than the overfishing rate, so there is a buffer between the management
target and the level that could harm the stock's long-term potential
productivity. If the overfishing level is reached, the Guidelines for
Fishery Management Plans at 50 CFR part 602 require the Council to
identify actions to be undertaken to alleviate overfishing.
None of the ABCs for 1995 exceeds the level of overfishing.
However, for those species whose harvest guideline exceeds ABC (POP and
shortspine thornyheads), the harvest guideline approaches overfishing.
In addition, new assessments for Dover sole in the Columbia area,
lingcod, and canary rockfish indicate that the overfishing level for
these species may have been reached in the recent past. Further
discussion appears in the GMT Supplemental Report F.3.(1) (October
1994). Efforts have been taken to avoid overfishing by establishment or
reduction of harvest guidelines in 1995 (discussed above) and by more
restrictive trip limit management for these species.
Discards. In 1995, the ABCs represent total catch, and most of the
harvest guidelines, except for yellowtail rockfish and Pacific whiting,
represent only that portion of the catch that is landed. Stock
assessments and inseason catch monitoring are designed to account for
all fishing mortality, including that resulting from fish discarded at
sea. Discards of rockfish and sablefish in the fishery for whiting
processed at sea are well monitored and are accounted for inseason as
they occur. In the other fisheries, discards caused by trip limits are
not monitored, so discard factors have been developed to account for
this extra catch. A level previously measured for widow rockfish (16
percent) in a scientific study is assumed to be appropriate for the
commercial fisheries for widow rockfish, yellowtail rockfish, and POP.
A lower level of 8 percent is used for the deepwater thornyhead
fishery. The discard factors are typically applied by setting the
harvest guideline for landed catch at a level that is equal to the ABC
minus expected discard. More detailed information is found in the
Council's SAFE document.
Foreign and domestic fisheries. For those species needing
individual management that will not be fully utilized by domestic
processors or harvesters, and that can be caught without severely
affecting species that are fully utilized by domestic processors or
harvesters, foreign or joint venture operations may occur. A joint
venture is U.S. vessels delivering their catch to foreign processing
vessels in the EEZ. The harvest guidelines or quotas for these species
may be apportioned to domestic annual harvest (DAH, which includes
domestic annual processing (DAP) and joint venture processing (JVP))
and the total allowable level of foreign fishing (TALFF). In 1995,
there initially are no surplus groundfish available for joint venture
or foreign fishing operations. Consequently, all the harvest guidelines
in 1995 are designated entirely for DAP (which also equals DAH), and
JVP and TALFF are set at zero.
In the unlikely event that fish are reallocated inseason and a
foreign or joint venture fishery should occur, the incidental catch
levels for a whiting fishery would be the same as announced at Table 2,
footnote 1 of 58 FR 2990 (January 7, 1993), and for a jack mackerel
joint venture, initially would be the same as those suggested in
section 12.5.2 of the FMP, but could be changed during the year.
II. The Limited-Entry Program
Amendment 6 to the FMP established a limited-entry program which,
on January 1, 1994, divided the commercial groundfish fishery into two
components, the limited-entry fishery and the open-access fishery, each
of which has its own allocations and management measures. The limited-
entry and open-access allocations are calculated according to a formula
specified at section II.E. of the appendix to 50 CFR part 663. At its
October 1994 meeting, the Council recommended the species and areas
subject to open-access and limited-entry allocations in 1995, and the
Regional Director 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 harvest guidelines in 1995.
Open-Access Allocations
The open-access fishery means the fishery composed of vessels using
(1) exempt gear, or (2) longline or pot (trap) gear used pursuant to
the harvest guidelines, quotas, and other management measures governing
the open-access fishery. Exempt gear means all types of 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, California halibut or sea
cucumbers.)
The open-access allocation is derived by applying the open-access
allocation percentage to the annual harvest guideline or quota after
subtracting any set asides for recreational fishing or treaty Indians
(see sections II.E. (b) and (c) of the Appendix to 50 CFR part 663).
For those species in which the open-access share would have been less
than 1 percent, no open-access allocation is specified because
significant open-access effort is not anticipated. At the time the
calculations were made, the status of some vessels (whether they would
receive a limited-entry permit) was not certain. The catch by these
vessels was divided equally between the limited-entry and open-access
allocations. These amounts are minor and would not affect the level of
trip limits for the limited-entry or open-access fisheries.
Limited-Entry Allocations
The limited-entry fishery means the fishery composed of vessels
using limited-entry gear fished pursuant to the harvest guidelines,
quotas, and other management measures governing the limited-entry
fishery. Limited-entry gear means longline, pot, or groundfish trawl
gear used under the authority of a valid limited-entry permit, issued
under 50 CFR part 663, affixed with an endorsement for that gear.
(Groundfish trawl gear excludes shrimp trawls used to harvest pink
shrimp, spot prawns, or ridgeback prawns, and other trawls used
[[Page 2338]] to fish for California halibut or sea cucumbers south of
Point Arena, CA.)
The limited-entry allocation is the allowable catch (harvest
guideline or quota) reduced by: (1) Set asides, if any, for treaty
Indian fisheries or recreational fisheries; and (2) the open-access
allocation.
III. 1995 Management Measures
Most of the 1995 management measures announced in this document
have been designated as ``routine'' under the procedures contained in
Amendment 4 to the FMP (56 FR 736, January 8, 1991). The ``routine''
designation means that a measure is likely to need adjustment on an
annual or more frequent basis, and that it may be implemented and
adjusted for a specified species or species group and gear type after
consideration at a single Council meeting. However, the effects of the
particular measure must have been analyzed previously, the purpose of
the measure must be the same as when it was designated as routine, and
the measure must be announced in the Federal Register.
Those management measures announced in this document that are not
yet designated ``routine'' at 50 CFR 663.23 are: For the limited entry
fishery, trip landing and frequency limits for canary rockfish,
lingcod, shortspine thornyheads, and longspine thornyheads, which are
managed individually for the first time in 1995, and size limits for
lingcod; and, for the open access fishery, trip landing and frequency
limits for all groundfish species, separately or in any combination.
These management measures will be proposed as routine measures in a
separate Federal Register document.
In the following discussion, the projections of landings in 1994
are based on the information available to the Council at its October
1994 meeting (Supplemental GMT Report F.2., October 1994).
A. Limited-Entry Fishery
The following management measures apply to vessels operating in the
limited-entry fishery after January 1, 1995, and are designed to keep
landings within the harvest guidelines or limited-entry allocations.
Widow Rockfish. In 1994, the cumulative trip limit for widow
rockfish continued at 30,000 lb (13,608 kg) per month until December 1,
when it was reduced to 3,000 lb (1,361 kg) per trip. Landings are
projected to exceed the 6,500-mt harvest guideline by about 3 percent
in 1994. Because the harvest guideline is not changed, the 30,000-lb
cumulative monthly trip limit will again be implemented in January
1995.
The Sebastes Complex (Including Yellowtail Rockfish, Canary
Rockfish, and Bocaccio). In 1994, the cumulative monthly trip limit for
the Sebastes complex was 80,000 lb (36,287 kg) coastwide, until
September, when it was increased to 100,000 lb (45,359 kg) south of
Cape Mendocino, CA (40 deg.30'00'' N. lat.). Within these limits for
the Sebastes complex were cumulative monthly trip limits for yellowtail
rockfish and bocaccio, that did not change during the year: 14,000 lb
(6,350 kg) of yellowtail rockfish north of Cape Lookout, OR
(45 deg.20'15'' N. lat.); 30,000 lb (13,608 kg) of yellowtail rockfish
south of Cape Lookout; and 30,000 lb (13,608 kg) of bocaccio south of
Cape Mendocino. Neither of the harvest guidelines for the Sebastes
complex (north and south of 43 deg.00'00'' N. lat.), nor for bocaccio,
will be reached in 1994. The harvest guidelines for yellowtail rockfish
north and south of Cape Lookout are expected to be exceeded by about 1
percent.
To provide for reasonable levels of harvest of other species in the
Sebastes complex while protecting yellowtail rockfish, canary rockfish,
and bocaccio, the Council recommended starting the year with three
different cumulative monthly trip limits for the Sebastes complex:
35,000 lb (15,876 kg) north of Cape Lookout, 50,000 lb (22,680 kg)
between Cape Lookout and Cape Mendocino, and 100,000 lb (45,359 kg)
south of Cape Mendocino. The yellowtail and bocaccio cumulative monthly
trip limits remain the same as in 1994, except in 1995, the 30,000-lb
(13,608 kg) southern trip limit for yellowtail rockfish extends only to
Cape Mendocino, rather than to the U.S.-Mexico border. For the first
time, a separate cumulative monthly trip limit for canary rockfish is
implemented (within the Sebastes complex trip limit), at 6,000 lb
(2,722 kg) coastwide.
The declaration procedures implemented by the States of Washington
and Oregon for vessels operating north and south of Cape Lookout remain
in effect, except in 1995 they will apply to the Sebastes complex as
well as to yellowtail rockfish. The declarations enable a vessel to
operate both north and south of Cape Lookout during the month, and to
take and retain the more liberal, southern limits of the Sebastes
complex and yellowtail rockfish, but only if the state is notified, as
required by state law.
POP. The 1994 trip limit for POP was the same as in 1991-93: 3,000
lb (1,361 kg) or 20 percent of all fish on board, whichever is less, in
landings of POP above 1,000 lb (454 kg). Landings of POP are projected
to be 17 percent below its 1,300-mt harvest guideline in 1994. However,
because the trip limit is intended to allow only incidental catches to
be landed, it is not increased to achieve the harvest guideline.
The Council recommended a change from the ``per trip'' limit in
1994 to a cumulative trip limit in 1995 of 6,000 lb (2,722 kg) per
month. Public testimony and landing records confirmed that some
fishermen were targeting POP even under the 1994 ``per trip'' limit,
resulting in discards of fish in excess of the trip limit. Also,
because the number of trips was not restricted, total landings in a
month could be well above 6,000 lb (2,722 kg) per vessel. The
cumulative trip limit is intended to reduce the level of discards
induced by the ``per trip'' limit, and to accommodate only unavoidable
incidental catches. It will not be increased to achieve the harvest
guideline.
Sablefish. The sablefish harvest guideline is subdivided among
several fisheries. The tribal fishery allocation is set aside prior to
dividing the balance of the harvest guideline between the commercial
limited-entry and open-access fisheries. These three fisheries are
managed differently. The limited-entry allocation is further subdivided
into trawl (58 percent) and nontrawl (42 percent) allocations. Trawl-
caught sablefish are managed together with Dover sole and thornyheads
as the DTS (or deepwater) complex because they often are caught
together. Landings of sablefish are expected to exceed the harvest
guideline by about 5 percent in 1994.
Washington Coastal Tribal Fisheries for Sablefish. From 1991
through 1994, the Washington coastal treaty tribes have conducted a
tribal sablefish fishery of 300 mt that was recognized in these annual
management measures. In 1994, the U.S. Government formally recognized
the treaty right to fish for groundfish of the four Washington Coastal
Treaty tribes (the Makah, Hoh, Quileute, and Quinault), and concluded
that, in general terms, the quantification of the right is 50 percent
of the harvestable surplus of groundfish available in the tribes' usual
and accustomed fishing areas (marine waters under U.S. jurisdiction
north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' W. long.).
For 1995, the tribes' treaty right to sablefish is determined to be 780
mt. The treaty Indian fishery for this amount of sablefish will be
managed by the tribes. The treaty Indian fishery for sablefish is a
separate fishery, and is not governed by the limited-entry or open-
access regulations or allocations.
[[Page 2339]]
DTS Complex (Dover sole, Thornyheads, and Trawl-Caught Sablefish).
In January 1994, the cumulative monthly trip limit for the DTS complex
was 50,000 lb (22,680 kg) per month, including no more than 30,000 lb
(13,608 kg) of thornyheads and 12,000 lb (5,443 kg) of trawl-caught
sablefish. On July 1, the cumulative monthly limits were reduced to
30,000 lb (13,608 kg) of the DTS complex, including no more than 8,000
lb (3,629 kg) of thornyheads and 6,000 lb (2,722 kg) of trawl-caught
sablefish. The sablefish ``per trip'' limit of 1,000 lb (454 kg) or
33.333 percent of the Dover sole and thornyheads (equivalent to 25
percent of the DTS complex), whichever is greater, continued throughout
1994, as did the 5,000-lb (2,268-kg) trip limit on sablefish smaller
than 22 inches (56 cm). Even though the sablefish harvest guideline
applied only north of the Conception subarea (36 deg.00'00'' N. lat.),
these trip limits were applied coastwide to avoid effort shifts into
the Conception area. At the October Council meeting, the trawl
allocation was projected to be exceeded by 15 percent. Consequently, on
December 1, north of the Conception subarea (36 deg.00'00'' N. lat.),
all landings of sablefish were prohibited; the thornyhead trip limit
was reduced to 1,500 lb (680 kg) per month and a Dover sole trip limit
was imposed of 6,000 lb (2,722 kg) per month, removing the need for an
overall DTS cumulative limit. At year's end, the limited-entry trawl
allocation for sablefish was expected to be exceeded by about 15
percent; thornyheads were expected to exceed their combined harvest
guideline by about 2 percent, and Dover sole was far below its harvest
guidelines (42 percent below its coastwide harvest guideline and 30
percent below its Columbia subarea harvest guideline). These
``underages'' were not addressed by increasing the trip limits for
Dover sole because of the species' association with sablefish and new
information supporting more cautious management of Dover sole.
For 1995, the Council recommended two cumulative monthly trip
limits for the DTS complex: 35,000 lb (15,876 kg) north of Cape
Mendocino and 50,000 lb (22,680 kg) south of Cape Mendocino. This
differential trip limit is intended to provide additional protection
for shortspine thornyheads, the most valuable and least abundant
species in the DTS complex, while encouraging the harvest of Dover sole
in more southern areas. Further protection for shortspine thornyheads
is intended by managing the two thornyhead species separately in 1995.
A cumulative trip limit is set for both shortspine and longspine
thornyheads combined of 20,000 lb (9,072 kg) per month, of which no
more than 4,000 lb (1,814 kg) may be shortspine thornyheads. The trip
limits for trawl-caught sablefish remain the same as established in
July 1994 (6,000 lb (2,722 kg) cumulative per month, and 1,000 lb (454
kg) or 33.333 percent of the Dover sole and thornyheads per trip). The
exception is that the trip limit for sablefish smaller than 22 inches
(56 cm) is reduced to 500 lb (227 kg) to reflect the lower overall trip
limits for sablefish in recent years.
Nontrawl Sablefish. Small daily trip limits were applied to the
nontrawl fishery again in 1994, until 72 hours before, and 72 hours
after, the regular (``open'') season, that started on May 15, 1994. A
250-lb (113-kg) daily trip limit was applied only north of the
Conception subarea (36 deg.00'00'' N. lat.), the same area covered by
the harvest guideline. In the Conception area, where there is no
harvest guideline and landings had been below the 425-mt ABC, the daily
trip limit was 350 lb (159 kg) to accommodate most landings without
encouraging excessive effort shifts into that area. The trip limit for
sablefish smaller than 22 inches (56 cm) (1,500 lb (680 kg) or 3
percent of all legal sablefish on board, whichever is greater) remained
in effect. All further landings of sablefish caught north of
36 deg.00'00'' N. lat. were prohibited on December 1, 1994. In 1994,
the nontrawl allocation is expected to be exceeded by 28 percent.
The Council recommended continuing the 350-lb (159-kg) daily trip
limit in the Conception area for 1995, and increasing the northern
daily trip limit for sablefish to 300 lb, slightly increasing the
amount that could be taken outside the regular season for the nontrawl
limited-entry fishery. The same daily trip limit is applied to the
limited-entry and open-access fisheries to avoid effort shifts into the
open-access fishery. This increase is intended primarily to bring
landings closer to the open-access allocation, that was not achieved in
1994. These trip limits for the limited-entry fishery will apply
outside the regular season and any subsequent ``mop-up'' fishery.
Under current regulations at 50 CFR 663.23(b)(2), the start of the
regular nontrawl sablefish fishery is 3 days before the first opening
in Alaska. The implementation of an individual quota (IQ) system in
Alaska in 1995 would radically change the opening date of the regular
season, from mid-May to late February, off Washington, Oregon, and
California. The Council has discussed this problem and recommended the
following new management regime for the nontrawl sablefish fishery for
implementation in 1995: (1) A delay in the regular season until August
6; (2) before the regular season, a 72-hour closure during which all
nontrawl groundfish gear, both open-access and limited-entry, must be
out of the water and sablefish landings are prohibited; (3) an
exception which, 24 hours before the regular season begins, allows pot
gear (both open-access and limited-entry) to be set and baited; (4)
removal of the 72-hour closure at the end of the regular season, and
instead resume the same daily trip limits used before the regular
season; (5) a 1-month mop-up fishery, about 3 weeks after the end of
the regular season, under cumulative trip limits; followed by (6)
resumption of the daily trip limits. Trip limits for nontrawl sablefish
smaller than 22 inches (56 cm) would remain in effect during the
regular and mop-up fisheries. The States may require inspections of
vessel holds before the regular and mop-up fisheries.
Whiting. The Council recommended continuation of the 10,000-lb
(4,536-kg) trip limit for whiting taken before and after the regular
whiting season and inside the 100-fathom (183-m) contour in the Eureka
subarea (40 deg.30'00''-43 deg.00'00'' N. lat.). In 1995 as in 1994,
the regular season begins on March 1 between 42 deg.00'00''-
40 deg.30'00'' N. lat., and on April 15 north of 42 deg.00'00'' N. lat.
and south of 40 deg.30'00'' N. lat., as stated at 50 CFR
663.23(b)(3)(i). Additional regulations, including the allocation of
whiting to vessels that deliver shoreside and those that deliver at-
sea, are found at 50 CFR 663.23(b) (3) and (4).
Lingcod. The harvest guideline for lingcod was first established in
1994, but specific trip limits were not recommended until 1995. The
Council recommended a cumulative trip limit of 20,000 lb (9,072 kg) per
month. A minimum size limit of 22 inches (56 cm), which previously had
been implemented in the California recreational fishery, is applied
coastwide for both commercial and recreational fisheries. The size
limit is intended to minimize harvest of immature fish, that are needed
to sustain the reproductive potential of the stock.
Black Rockfish. Black rockfish off the State of Washington continue
to be managed under the regulations at 50 CFR 663.23(b)(1)(iii). The
Council has considered trip limits off the State of Oregon but has not
yet submitted its recommendation to NMFS for review. [[Page 2340]]
B. Open-Access Fishery
In 1994, open-access trip limits were established for the first
time. The trip limits are all designed to keep landings within the
open-access allocation, while allowing the fisheries to operate for as
long as possible during the year. Any more restrictive limits imposed
on the limited-entry vessels also apply to the open-access vessels.
All Open-Access Gear Except Trawls. In 1994, for all open-access
gear except trawls, the Council recommended: (1) A cumulative trip
limit for rockfish of 40,000 lb (18,144 kg) per month, including a
10,000-lb (4,536-kg) ``per trip'' limit, which was removed for the set
net fishery in May 1994; and (2) a sablefish trip limit of the same
amounts and areas as for the limited-entry nontrawl fishery before the
regular season: Daily trip limits of 250 lb (113 kg) north of
36 deg.00'00'' N. lat. and 350 lb (159 kg) south of 36 deg.00'00'' N.
lat.
The Council recommended continuation of most of the same trip
limits in 1995 as were in place at the end of 1994 for the open-access
fishery, with two changes for all open-access gears except the
nongroundfish trawls: (1) The cumulative trip limit for rockfish is
reduced to 35,000 lb (15,876 kg) north of Cape Lookout to be consistent
with the limited-entry limit for the Sebastes complex in the same area,
but remains at 40,000 lb (18,144 kg) south of Cape Lookout; and (2) the
daily trip limit for sablefish north of 36 deg.00'00'' N. lat. is
increased to 300 lb (136 kg) to promote achievement of the open-access
allocation for sablefish. The limited-entry trip limit was modified to
be consistent with the open-access trip limit.
Shrimp/Prawn Fisheries. The bycatch of groundfish also is
regulated in the shrimp/prawn fishery. In 1994, the trip limit in the
spot and ridgeback prawn fishery continued at 1,000 lb (454 kg) of
groundfish per trip. The trip limit in the pink shrimp fishery (1,500
lb (680 kg) of groundfish per day times the number of days in the
fishing trip) also remained the same as in past years, except there was
no exclusion for whiting, shortbelly rockfish, and arrowtooth flounder.
The Council recommended continuation of these limits in 1995, except it
clarified that these trip limits also apply to pot gear, as in the
past, not just trawl gear. This allowance is not intended to supersede
any state law that is more restrictive regarding retention of
groundfish caught in shrimp or prawn pots or traps.
California Halibut/Sea Cucumber Trawl. For 1995, the Council
recommended continuation of the 500-lb (227-kg) ``per trip'' limit on
the bycatch of all groundfish species taken while fishing in the
California halibut and sea cucumber trawl fisheries south of Point
Arena, CA (38 deg.57'30'' N. lat.).
C. Operating in Both Limited-entry and Open-Access Fisheries
Vessels using open-access gear are subject to the management
measures for the open-access fishery, whether or not the vessel has a
valid limited-entry permit endorsed for any other gear. In addition, a
vessel operating in the open-access fishery must not exceed any trip
limit, frequency limit, and/or size limit for the same gear and/or
subarea in the limited-entry fishery (as announced in this Federal
Register document in paragraphs titled ``limited-entry''). A vessel
that operates in both the open-access and limited-entry fisheries is
not entitled to two separate trip limits for the same species. Fish
caught with open-access gear will also be counted toward the limited-
entry trip limit. For example: In 1 month, a trawl vessel catches 5,000
lb (2,268 kg) of POP in the limited-entry fishery, and in the same
month catches 3,000 lb (1,361 kg) of POP with hook-and-line (open
access) gear. Because the open-access landings are counted toward the
limited-entry limit, the vessel would have exceeded its limited-entry,
cumulative trip limit of 6,000 lb (2,722 kg) by 2,000 lb (907 kg).
D. Operating in Areas With Different Trip Limits
Additional management lines have been added in 1995, meaning that
trip limits may differ for a species or species complex at different
locations on the coast. Unless otherwise stated (as for yellowtail
rockfish, black rockfish, and the Sebastes complex), the cross-over
provisions utilized in the bocaccio fishery in 1994 will apply.
E. Changes to Trip Limits; Closures
The Council confirmed at its October 1994 meeting that, unless
otherwise stated, a vessel must have initiated offloading its catch
before the fishery is closed or before a more restrictive trip limit
becomes effective. As in the past, all fish on board the vessel when
offloading begins are counted toward the landing limits (50 CFR 663.2,
the definition of ``landing'').
F. Designated Species B Permits
Designated species B permits may be issued if the limited-entry
fleet will not fully utilize the harvest guideline for Pacific whiting,
shortbelly rockfish, or jack mackerel. (Only jack mackerel north of
39 deg.00'00'' N. lat. are governed by the FMP.) The limited-entry
fleet has requested the full use of the harvest guideline for Pacific
whiting and shortbelly rockfish. At the October 1994 Council meeting,
NMFS announced its determination that, based on the best information
available at that time, only 30,500 mt of the 52,600-mt harvest
guideline for jack mackerel was likely to be used in 1995, leaving
about 20,000 mt available for designated species B permits, should
applications for that amount be received. NMFS also stated that its
determination could be revised if additional information were received
before the annual specifications were published in the Federal
Register. Additional responses to NMFS' ``Survey of Intent to Harvest
Underutilized Species'' were received. Consequently, NMFS has revised
its determination and finds that 49,000 mt of the jack mackerel harvest
guideline may be used by the limited-entry fleet in 1995, leaving 3,600
mt available for designated species B permits.
There is virtually no information regarding bycatch in a jack
mackerel fishery north of 39 deg.00'00'' N. lat. The Council
recommended bycatch limits, which may be changed during the year, based
on the open-access limits and guidance in the FMP regarding a jack
mackerel joint venture. These limits are intended to enable information
to be obtained about levels and species of bycatch in this fishery. If
designated species B permits for jack mackerel are issued in 1995, the
Council initially recommended the following bycatch limits, which may
be changed during the year: (1) Rockfish, 40,000 lb (18,144 kg)
cumulative per month, not to exceed any limited-entry limit; (2)
sablefish, 300 lb (136 kg) per day, consistent with the Council's final
recommendation for the open-access daily trip limit (and slightly
higher than the 250-lb (113-kg) daily trip limit initially discussed by
the Council in October); (3) whiting--3 percent of the monthly
cumulative delivery of jack mackerel, unless at-sea processing of
whiting is prohibited, in which case no whiting could be retained.
G. Recreational Fishing
Lingcod. In 1994, the recreational daily bag limits for lingcod
were five fish 22 inches (56 cm) or larger off California, and three
fish of any size off Oregon and Washington. In 1995, the daily bag
limits are continued, but the 22-inch (56-cm) minimum size limit is
applied to Oregon and Washington as well.
Rockfish. The 1994 recreational daily bag limits for rockfish
continue in 1995: In California, 15 fish; in Oregon, 15 fish
[[Page 2341]] of which no more than 10 may be black rockfish; in
Washington, 15 fish south of Leadbetter Point (46 deg.38'10'' N. lat.)
and 12 fish north of Leadbetter Point.
The State of California allows possession of multi-day limits
according to State law.
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
1995, including those that are the same as in 1994.
A. General Definitions and Provisions
The following definitions and provisions apply to the 1995
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 a vessel may legally land per fishing
trip or cumulatively per unit of time, or the number of landings that
may be made by a vessel in a given period of time, as explained below.
(a) A trip limit is the total allowable amount of a groundfish
species or species complex, by weight, or by percentage of fish on
board, that may be taken and retained, possessed, or landed per vessel
from a single fishing trip.
(b) A daily trip limit is the maximum amount that may be taken and
retained, possessed, or landed per vessel in 24 consecutive hours,
starting at 0001 hours local time. Only one landing of groundfish may
be made in that 24-hour period. Daily trip limits may not be
accumulated during multiple day trips.
(c) A cumulative trip limit is the maximum amount that may be taken
and retained, possessed, or landed per vessel in a specified period of
time, without a limit on the number of landings or trips. Cumulative
trip limits for 1995 initially apply to calendar months.
(2) Unless the fishery is closed, a vessel that has landed its
cumulative or daily limit may continue to fish on the limit for the
next legal period, so long as no fish (including but not limited to
groundfish with no trip limits, shrimp, prawns, or other nongroundfish
species or shellfish) are landed (offloaded) until the next legal
period. As stated in the regulations at 50 CFR 663.2, once offloading
of any species begins, all fish aboard the vessel are counted as part
of the landing.
(3) All weights are round weights or round-weight equivalents.
(4) Percentages are based on round weights, and, unless otherwise
specified, apply only to legal fish on board.
(5) ``Legal fish'' means fish legally taken and retained,
possessed, or landed in accordance with the provisions of 50 CFR part
663, the Magnuson Act, any notice issued under subpart B of part 663,
and any other regulation promulgated or permit issued under the
Magnuson Act.
(6) Size limits and length measurement. Total length is measured
from the tip of the snout (mouth closed) to the tip of the tail
(pinched together) without mutilation of the fish or the use of
additional 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.
(7) ``Closure,'' when referring to closure of a fishery, means that
taking and retaining, possessing, or landing the particular species or
species group is prohibited. (See the regulations at 50 CFR 663.2.)
Unless otherwise announced in the Federal Register, offloading must
begin before the time the fishery closes.
(8) The fishery management area for these species is the EEZ off
the coasts of Washington, Oregon, and California between 3 and 200
nautical miles 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 nautical
miles offshore, or landed in, Washington, Oregon, or California are
presumed to have been taken and retained from the fishery management
area, unless otherwise demonstrated by the person in possession of
those fish.
(9) Inseason changes to trip limits are announced in the Federal
Register. Most trip and bag limits in the groundfish fishery have been
designated ``routine,'' which means they may be changed rapidly after a
single Council meeting. Information concerning changes to trip limits
is available from the NMFS Northwest and Southwest Regional Offices
(see ADDRESSES above). 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 663.7(t)).
(11) Operating in both limited-entry and open-access fisheries. The
open-access trip limit applies to any fishing conducted with open-
access gear, even if the vessel has a valid limited-entry permit with
an endorsement for another type of gear. A vessel that operates in both
the open-access and limited-entry fisheries is not entitled to two
separate trip limits for the same species. Fish caught with open-access
gear will also be counted toward the limited-entry trip limit.
(12) Operating in areas with different trip limits. Trip limits for
a species or species complex may differ in different geographic areas
along the coast. The following ``crossover'' provisions apply to
vessels operating in different geographical areas that have different
cumulative or ``per trip'' trip limits for the same species or species
complex. They do not apply to species that are only subject to daily
trip limits, or to the trip limits for black rockfish off the State of
Washington (see 50 CFR 663.23(b)(1)(iii)). They also do not apply to
the trip limits for yellowtail rockfish and the Sebastes complex when
the vessel is in compliance with paragraph IV.C.(2)(c) below.
If a vessel fishes, for any species, in an area where a more
restrictive trip limit applies, then that vessel is subject to the more
restrictive trip limit, for the entire period to which that trip limit
applies, no matter where the fish are taken and retained, possessed, or
landed. Similarly, if a vessel takes and retains a species (or species
complex) in an area where a higher trip limit (or no trip limit)
applies, and possesses or lands that species (or species complex) in an
area where a more restrictive trip limit applies, then that vessel is
subject to the more restrictive trip limit for that trip limit period.
(13) Sorting. Regulations at 50 CFR 663.7(l) make it unlawful for
any person to ``fail to sort, prior to the first weighing after
offloading, those groundfish species or species groups for which there
is a trip limit, if the weight of the total delivery exceeds 3,000 lb
(1,361 kg) (round weight or round weight equivalent).'' This provision
applies to both the limited-entry and open-access fisheries.
Note: The Council has recommended that this regulation be
changed to require all species or species groups with a trip limit,
harvest guideline, or quota to be sorted. There would be no
exception for landings under 3,000 lb (1,361 kg). The States of
[[Page 2342]] Washington and Oregon already have the same or similar
requirements. If approved, the regulation is expected to be
implemented in 1995.
(14) Experimental fisheries. U.S. vessels operating under an
experimental fishing permit issued under 50 CFR 663.10 also are subject
to these restrictions, unless otherwise provided in the permit.
(15) Paragraphs IV.B. through IV.I. below pertain to the commercial
groundfish fishery. The provisions in paragraphs IV.B. through IV.I.
that are not covered under the headings ``limited-entry'' or ``open-
access'' apply to all vessels in the commercial fishery that take and
retain groundfish, unless otherwise stated. Paragraph IV.J. pertains to
the recreational fishery.
B. Widow Rockfish
(1) Limited-entry fishery. The cumulative trip limit for widow
rockfish is 30,000 lb (13,608 kg) per vessel per month. (Widow rockfish
also are called brownies.)
(2) Open-access fishery. See paragraph IV.I. below.
C. Sebastes Complex (Including Bocaccio, Yellowtail, and Canary
Rockfish)
(1) General. (a) 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, idiot, 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.
(b) Cape Lookout means 45 deg.20'15'' N. lat.
(c) Cape Mendocino means 40 deg.30'00'' N. lat.
(2) Limited-entry fishery--(a) Cumulative trip limits--(i) North of
Cape Lookout. The cumulative trip limit for the Sebastes complex taken
and retained north of Cape Lookout is 35,000 lb (15,876 kg) per vessel
per month. Within this cumulative trip limit for the Sebastes complex,
no more than 14,000 lb (6,350 kg) may be yellowtail rockfish taken and
retained north of Cape Lookout, and no more than 6,000 lb (2,722 kg)
may be canary rockfish.
(ii) Cape Lookout to Cape Mendocino. The cumulative trip limit for
the Sebastes complex taken and retained between Cape Lookout and Cape
Mendocino is 50,000 lb (22,680 kg) per vessel per month. Within this
cumulative trip limit for the Sebastes complex, no more than 30,000 lb
(13,608 kg) may be yellowtail rockfish taken and retained between Cape
Lookout and Cape Mendocino, and no more than 6,000 lb (2,722 kg) may be
canary rockfish.
(iii) South of Cape Mendocino. The cumulative trip limit for the
Sebastes complex taken and retained south of Cape Mendocino is 100,000
lb (45,359 kg) per vessel per month. Within this cumulative trip limit
for the Sebastes complex, no more than 30,000 lb (13,608 kg) may be
bocaccio taken and retained south of Cape Mendocino, and no more than
6,000 lb (2,722 kg) may be canary rockfish.
(b) For operating in areas with different trip limits for the same
species, see paragraph IV.A.(12) above.
(c) State declarations. The provisions of paragraph IV.A.(12) do
not apply to vessels fishing in conformance with this paragraph. The
States of Oregon and Washington are implementing declaration procedures
that enable a vessel that fishes or transits both north and south of
Cape Lookout during a month to retain the larger cumulative limit for
the Sebastes complex and yellowtail rockfish taken and retained south
of Cape Lookout. Declarations must be made, according to state law, to
the state where the fish will be landed. To make a declaration or for
further information, contact: Washington Department of Fish and
Wildlife, Montesano, WA, at 206-249-4628; or Oregon Department of Fish
and Wildlife, Newport, OR, at 503-867-4741 or 503-867-0300.
(3) Open-access fishery. See paragraph IV.I. below. The State
declaration procedures are available to all vessels, whether in the
limited-entry or open-access fishery.
D. POP
(1) Limited-entry fishery. The cumulative trip limit for POP is
6,000 lb (2,722 kg) per vessel per month.
(2) Open-access fishery. See paragraph IV.I. below.
E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and Trawl-
Caught Sablefish
(1) 1995 Management goal. The sablefish fishery will be managed to
achieve the 7,100-mt harvest guideline in 1995.
(2) Washington coastal tribal fisheries. The U.S. Government
recognizes that the Makah, Hoh, Quileute, and Quinault tribes have
treaty rights to fish for groundfish. Each tribe has such right in its
usual and accustomed fishing grounds. The tribal treaty allocation for
sablefish for 1995 is 780 mt. The tribes will regulate their fisheries
so as not to exceed this allocation.
(3) Limited-entry fishery--(a) Gear allocations. After subtracting
the tribal-imposed catch limit and the open-access allocation from the
harvest guideline, the remainder will be allocated 58 percent to the
trawl fishery and 42 percent to the nontrawl fishery.
Note: The 1995 harvest guideline for sablefish north of 36 deg.
N. lat. is 7,100 mt. The 780-mt tribal allocation is subtracted, and
the limited-entry and open-access allocations are based on the
remaining 6,320 mt. The limited-entry allocation for 1995 of 5,900
mt is allocated 3,420 mt (58 percent) to the trawl fishery and 2,480
mt (42 percent) to the nontrawl fishery. The trawl and nontrawl gear
allocations are harvest guidelines in 1995, which means the fishery
will be managed so that the harvest guidelines are not exceeded, but
will not necessarily be closed if they are reached.
(b) Trip and size limits. These provisions apply to Dover sole and
thornyheads caught with any limited-entry gear and to sablefish caught
with limited-entry trawl gear.
(i) ``DTS complex'' means Dover sole (Microstomus pacificus),
thornyheads (Sebastolobus spp.), and trawl-caught sablefish (Anoplopoma
fimbria). Sablefish also are called blackcod. Thornyheads, also called
idiots, channel rockfish, or hardheads, include two species, shortspine
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis).
(ii) Trip limits. (A) North of Cape Mendocino. The cumulative trip
limit for the DTS complex taken and retained north of Cape Mendocino is
35,000 lb (15,876 kg) per vessel per month. Within this cumulative trip
limit, no more than 6,000 lb (2,722 kg) may be sablefish, and no more
than 20,000 lb (9,072 kg) may be thornyheads. No more than 4,000 lb
(1,814 kg) of the thornyheads may be shortspine thornyheads.
(B) South of Cape Mendocino. The cumulative trip limit for the DTS
complex taken and retained south of Cape Mendocino is 50,000 lb (22,680
kg) per vessel per month. Within this cumulative trip limit, no more
than 6,000 lb (2,722 kg) may be sablefish, and no more than 20,000 lb
(9,072 kg) may be thornyheads. No more than 4,000 lb (1,814 kg) of the
thornyheads may be shortspine thornyheads.
(C) In any trip, no more than 1,000 lb (454 kg) or 33.333 percent
of the legal thornyheads and Dover sole, whichever is greater, may be
trawl-caught sablefish; and no more than 500 lb (227 kg) may be trawl-
caught sablefish smaller than 22 inches (56 cm) total length.
[[Page 2343]] Note: One third of thornyheads and Dover sole (the
DTS complex excluding sablefish) is equivalent to 25 percent of the
DTS complex (including sablefish). As stated in paragraph IV.A.(4),
percentages are based on round weights, and, unless otherwise
specified, apply only to legal fish on board.
(D) For operating in areas with different trip limits for the same
species, see paragraph IV. A.(12) above.
(c) Nontrawl trip and size limits. These daily trip limits, which
apply to sablefish of any size, apply until the closed period before
the start of the regular season, as specified at 50 CFR 663.23(b)(2).
(i) North of 36 deg.00'00'' N. lat. The daily trip limit for
sablefish taken and retained with nontrawl gear north of 36 deg.00'00''
N. lat. is 300 lb (136 kg).
(ii) South of 36 deg.00'00'' N. lat. The daily trip limit for
sablefish taken and retained with nontrawl gear south of 36 deg.00'00''
N. lat. is 350 lb (159 kg).
Note: The Council recommended that the regular season be delayed
until August 6, with a closure to all nontrawl gear 72 hours before
it begins. This change must be approved by NMFS and then implemented
by a regulation published in the Federal Register. The Council's
recommendation is more fully discussed earlier in this document.
(iii) During the ``regular'' season, the only trip limit in effect
applies to sablefish smaller than 22 inches (56 cm) total length, which
may comprise no more than 1,500 lb (680 kg) or 3 percent of all legal
sablefish on board, whichever is greater. (See paragraph IV.A.(6)
regarding length measurement.)
(iv) Following the regular season, on a date to be announced in the
Federal Register, the daily trip limits will be reimposed for sablefish
(of any size) caught with nontrawl gear.
(d) For processed (``headed'') sablefish:
(i) The minimum size limit, which corresponds to 22 inches (56 cm)
total length for whole fish, is 15.5 inches (39 cm) 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; and
(ii) The product recovery ratio (PRR) 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 PRR currently is 1.6 in Washington, Oregon, and California.
However, the state PRRs may differ and fishermen should contact fishery
enforcement officials in the state where the fish will be landed to
determine that state's official PRR.)
(4) Open-access fishery. See paragraph IV.I. below.
F. Whiting
(1) Limited-entry fishery. Additional regulations that apply to the
whiting fishery are found at 50 CFR 663.7 and 663.23(b) (3) and (4).
(a) No more than 10,000 lb (4,536 kg) of whiting may be taken and
retained, possessed, or landed, per vessel per fishing trip until the
regular season for whiting begins, as specified at 50 CFR 663.23(b)(3).
This includes any whiting caught shoreward of 100 fathoms (183 m) in
the Eureka subarea (see paragraph IV.F.(1)(b)).
(b) No more than 10,000 lb (4,536 kg) of whiting may be taken and
retained, possessed, or landed by a vessel that, at any time during a
fishing trip, fished in the fishery management area shoreward of the
100-fathom (183 m) contour (as shown on NOAA Charts 18580, 18600, and
18620) in the Eureka subarea (from 43 deg.00'00'' N. lat. to
40 deg.30'00'' N. lat.).
(2) Open-access fishery. See paragraph IV.I. below.
G. Lingcod
(1) Limited-entry fishery. The cumulative trip limit for lingcod is
20,000 lb (907 kg) per vessel per month. All lingcod must be greater
than 22 inches (56 cm) total length. Length measurement is explained at
paragraph IV.A.(6).
(2) Open-access fishery. See paragraph IV.I. below.
H. Black Rockfish
The regulations at 50 CFR 663.23(b)(1)(iii) state: ``The trip limit
for black rockfish (Sebastes melanops) for commercial fishing vessels
using hook-and-line gear between the U.S.-Canada border and Cape Alava
(48 deg.09'30'' N. lat.), and between Destruction Island
(47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. lat.),
is 100 lb or 30 percent by weight of all fish on board, whichever is
greater, per vessel per fishing trip. This trip limit does not apply to
coastal treaty Indian fishermen operating under harvest guidelines
established under paragraph (b)(1)(ii) of this section [Sec. 663.23].''
The provisions at paragraphs IV.A.(12) and IV.C.(2)(c) do not apply.
I. Trip Limits in the Open-Access Fishery
A vessel operating in the open-access fishery must not exceed any
trip limit, frequency limit, and/or size limit for the open-access
fishery (announced in this paragraph IV.I.), or for the same gear and/
or subarea in the limited-entry fishery (as announced in this Federal
Register document in paragraphs titled ``limited-entry''). The cross-
over provisions at paragraph IV.A.(12) that apply to the limited-entry
fishery apply to the open-access fishery as well.
(1) Hook-and-line and pot gear:
(a) Rockfish. Rockfish means all rockfish as defined at 50 CFR
663.2, which includes the Sebastes complex (including yellowtail
rockfish, bocaccio, and canary rockfish), shortbelly rockfish, widow
rockfish, POP, and thornyheads.
(i) North of Cape Lookout. The cumulative monthly trip limit for
rockfish taken and retained north of Cape Lookout is 35,000 lb (15,876
kg) per vessel per month.
(ii) South of Cape Lookout. The cumulative monthly trip limit for
rockfish taken and retained south of Cape Lookout is 40,000 lb (18,144
kg) per vessel per month.
(iii) Coastwide. Within the cumulative trip limits, there is a
10,000-lb (4,536-kg) trip limit for rockfish that applies per vessel
per fishing trip.
(iv) For operating in areas with different trip limits for the same
species, see paragraph IV.A.(12) above.
(b) Sablefish.
(i) North of 36 deg.00'00'' N. lat. The daily trip limit for
sablefish taken and retained north of 36 deg.00'00'' N. lat. is 300 lb
(136 kg).
(ii) South of 36 deg.00'00'' N. lat. The daily trip limit for
sablefish taken and retained south of 36 deg.00'00'' N. lat. is 350 lb
(159 kg).
Note: Under current regulations, the ``regular'' season and 72-
hour closures specified at 50 CFR 663.23(b)(2) do not apply to the
open-access fishery. This may change, however, if the Council
recommendations are approved and the regulations revised for 1995.
(2) Set net and trammel net: The trip limits are the same as for
hook-and-line and pot gear (paragraph IV.I.(1)), except that the
10,000-lb (4,536-kg) ``per trip'' limit for rockfish does not apply (at
paragraph IV.I.(1)(a)(iii)).
(3) Shrimp trawl or pot (trap) (used to catch pink shrimp or spot
or ridgeback prawns):
(a) Pink shrimp. The trip limit for a vessel engaged in fishing for
pink shrimp is 1,500 lb (680 kg) (multiplied by the number of days of
the fishing trip) of groundfish species listed at 50 CFR 663.2.
(b) Spot and ridgeback prawns. The trip limit for a vessel engaged
in fishing for spot or ridgeback prawns is 1,000 lb (454 kg) of
groundfish species per fishing trip.
(c) No groundfish landing by shrimp or prawn trawl may be in excess
of the limited-entry trip limit for groundfish [[Page 2344]] trawl
gear. No groundfish landing by shrimp or prawn pot (trap) gear may be
in excess of the limited-entry trip limit for nontrawl gear.
(d) This rule is not intended to supersede any more restrictive
State law relating to the retention of groundfish taken in shrimp or
prawn pots or traps.
(4) California halibut or sea cucumber trawl. The trip limit for a
vessel participating in the California halibut fishery or in the sea
cucumber fishery south of Point Arena, CA (38 deg.57'30'' N. lat.) is
500 lb (227 kg) of groundfish per vessel per fishing trip.
(a) A trawl vessel will be considered participating in the
California halibut fishery if:
(i) It is not fishing under a valid limited-entry permit issued
under 50 CFR part 663 for trawl gear;
(ii) All fishing on the trip takes place south of Point Arena; and
(iii) The landing includes California halibut of a size required by
California Fish and Game Code section 8392(a), which states: ``No
California halibut may be taken, possessed or sold which measures less
than 22 inches in total length, unless it weighs four pounds or more in
the round, three and one-half pounds or more dressed with the head on,
or three pounds or more dressed with the head off. Total length means
the shortest distance between the tip of the jaw or snout, whichever
extends farthest while the mouth is closed, and the tip of the longest
lobe of the tail, measured while the halibut is lying flat in natural
repose, without resort to any force other than the swinging or fanning
of the tail.''
(b) A trawl vessel will be considered participating in the sea
cucumber fishery if:
(i) It is not fishing under a valid limited-entry permit issued
under 50 CFR part 663 for trawl gear;
(ii) All fishing on the trip takes place south of Point Arena; and
(iii) The landing includes sea cucumbers taken in accordance with
California Fish and Game Code section 8396, which requires a permit
issued by the State of California.
(c) No groundfish landing by California halibut or sea cucumber
trawl may be in excess of the limited-entry trip limit for groundfish
trawl gear.
J. Recreational Fishery
(1) California. The bag limits for each person engaged in
recreational fishing seaward of the State of California are: five
lingcod per day, which may be no smaller than 22 inches (56 cm) total
length; and 15 rockfish per day. Multi-day limits are authorized by a
valid permit issued by the State of California and must not exceed the
daily limit multiplied by the number of days in the fishing trip.
(2) Oregon. The bag limits for each person engaged in recreational
fishing seaward of the State of Oregon are: Three lingcod per day,
which may be no smaller than 22 inches (56 cm) total length; and 15
rockfish per day, of which no more than 10 may be black rockfish
(Sebastes melanops).
(3) Washington. The bag limits for each person engaged in
recreational fishing seaward of the State of Washington are: three
lingcod per day no smaller than 22 inches (56 cm) total length, and
either 15 rockfish per day south of Leadbetter Point (46 deg.38'10'' N.
lat.) or 12 rockfish per day north of Leadbetter Point.
Classification
The final specifications and management measures for 1995 are
issued under the authority of and are in accordance with 50 CFR parts
611 and 663, the regulations implementing the FMP.
Much of the data necessary for these specifications and management
measures come from the current fishing season. 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 fishing year,
there is good cause under section 553(b) of the Administrative
Procedure Act 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 was
notified, through Federal Register publication and Council mailings, of
meetings and of the development of these measures, and was provided the
opportunity to comment during the Council process. The public
participated in GMT, Groundfish Advisory Subpanel, Scientific and
Statistical Committee, and Council meetings in August and October 1994
where these recommendations were formulated. Additional public comments
will be accepted for 30 days after publication of this document in the
Federal Register. The Assistant Administrator will consider all
comments made during the public comment period and may propose
modifications as appropriate.
Because this rule is being issued without prior notice and
opportunity for public comment, preparation of a Regulatory Flexibility
Analysis is not required and none has been prepared.
The Administrative Procedure Act requires that publication of an
action be made not less than 30 days before its effective date unless
the Assistant Administrator finds and publishes with the rule good
cause for an earlier effective date. These specifications announce the
harvest goals and the management measures designed to achieve those
harvest goals in 1995. A delay in implementation could compromise the
management strategies that are based on the projected landings from
these trip limits. Therefore, a delay in effectiveness is contrary to
the public interest and these actions are effective on January 4, 1995.
Dated: January 4, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-465 Filed 1-4-95; 2:58 pm]
BILLING CODE 3510-22-P
