[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 685-701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32118]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 663

[Docket No. 931249-3349; ID. # 121693B]

 

Foreign Fishing; Pacific Coast Groundfish Fishery

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

ACTION: 1994 groundfish fishery specifications and management measures; 
request for comments.

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SUMMARY: NMFS announces the 1994 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 
management measures for 1994 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DATES: Effective January 1, 1994, until modified, superseded, or 
rescinded. Comments will be accepted until February 7, 1994.

ADDRESSES: Comments on these specifications should be sent to Mr. J. 
Gary Smith, Acting Director, Northwest Region, National Marine 
Fisheries Service, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, 
Seattle, WA 98115-0070; or Dr. Gary Matlock, Acting Director, Southwest 
Region, National Marine Fisheries Service, 501 West Ocean Blvd., suite 
4200, Long Beach, California 90802-4213. Information relevant to these 
specifications and management measures 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 Pacific Fishery Management Council, Metro Center, suite 420, 
2000 SW. First Avenue, 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 implemented by January 1, the beginning of the next fishing year.
    These final fishery specifications and management measures have 
been recommended by the Council and approved by the Secretary of 
Commerce (Secretary) for implementation on January 1, 1994. The ABCs 
and harvest guidelines announced herein are the basis for the 
management measures recommended for 1994, and may be modified during 
the year as provided in the FMP. Unless otherwise specified, all of the 
management measures announced in this notice are considered 
``routine,'' and have been so designated at 50 CFR 663.23. The 
exception is trip limits in the open-access fisheries for groundfish 
caught incidentally in nongroundfish gear (such as trawl gear used to 
fish for pink shrimp, spot or ridgeback prawns, California halibut, or 
sea cucumbers). These trip limits will be designated ``routine'' in a 
separate Federal Register notice so that they may be adjusted as 
necessary.
    The FMP provides for announcement of the final fishery 
specifications in the Federal Register after consideration at two 
Council meetings. The process for adopting ABCs and harvest guidelines 
for 1994 was initiated early in 1993 so that preliminary specifications 
could be adopted by the Council at its September 1993 meeting. New 
stock assessments, the basis for changes to the 1993 ABCs, were 
distributed to the public prior to the September Council meeting. The 
Council's scientific and industry advisory committees and the public 
reviewed and commented on the documents. After receiving comments, the 
Council adopted preliminary ABCs and harvest guidelines at its 
September meeting, which were subsequently made available to the 
public. Comments were requested before and at the November Council 
meeting. The final recommendations of harvest specifications and 
management measures designed to achieve those specifications, adopted 
at the November Council meeting, were forwarded to the Secretary for 
implementation by January 1, 1994.

I. Final Specifications: ABCs and Harvest Guidelines, or; 
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 subsequent allocation between the open-access 
and limited-entry segments of the fishery.
    The final 1994 specifications (except for DAP, DAH, JVP, and TALFF) 
are listed in Table 1, followed by a discussion of each specification 
that differs from 1993 levels. As in the past, these 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).

BILLING CODE 3510-22-M

TR06JA94.011


TR06JA94.012


BILLING CODE 3510-22-C

Footnotes Are for Table 1

                              ___________


aThe acceptable biological catch (ABC) for sablefish, widow 
rockfish, and bocaccio is calculated after regulation-induced 
discard has been deducted, and therefor applies to landed catch 
(including observed incidental catch in the whiting fishery).
bU.S. portion.
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.
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.
fAll subareas except Conception, which does not have a harvest 
guideline. The sablefish trawl and nontrawl allocations also are 
harvest guidelines. (See the section on trawl and nontrawl 
sablefish management for 1994).
gOpen access and limited entry allocation percentages for 
sablefish north of the Conception subarea are applied to only to 
the nontreaty fishery which is 6,700 mt in 1994. (7,000 mt harvest 
guideline minus 300 mt for the treaty Indian fishery).
hOnly jack mackerel caught north of 39 deg.00' N. latitude are 
governed by the FMP. The ABC and harvest guideline also include 
area beyond 200 nm.
iHarvest guidelines for commercial harvests of all species of 
rockfish by members of the Makah, Quileute, Hoh, and Quinault 
Indian tribes are established as follows: 51,000 pounds (23.1 mt) 
for the area between the U.S.-Canada border and Cape Alava 
(48 deg.09'30'' N. latitude); and 10,000 pounds (4.5 mt) for the 
area between Destruction Island (47 deg.40'00'' N. latitude) and 
Leadbetter Point (46 deg.38'10 N. latitude).
jThe POP harvest guideline applies to the Vancouver/Columbia 
subareas combined. A discard factor of 16 percent was deducted from 
the 1993 harvest guideline to determine the 1994 harvest guideline.
kThe thornyhead harvest guideline includes both species in the 
Monterey, Eureka, and Columbia subareas. The 1994 harvest guideline 
is derived by subtracting a discard factor (8 percent) from the 
1993 harvest guideline.
lThe Sebastes-North harvest guideline applies to the Vancouver 
and Columbia subareas and equals the sum of the ABCs in those 
areas: canary (2,300 mt), yellowtail rockfish (6,740 mt minus 300 
mt), and remaining rockfish (7,000 mt). The Vancouver/Columbia 
portion for yellowtail rockfish is derived by subtracting a 300 mt 
estimate for the Eureka subarea ABC from the total ABC for the 
Vancouver/Columbia/Eureka areas.
mThe Sebastes-South harvest guideline is the sum of the ABCs 
for the species in the Eureka/Monterey/Conception subareas: 
bocaccio (1,540 mt), canary (600 mt), chilipepper (4,000 mt), 
yellowtail rockfish (300 mt), and remaining rockfish (7,000 mt).
nThe bocaccio harvest guideline applies to the Eureka, 
Monterey, and Conception subareas.
oThe open access and limited entry allocation percentages for 
bocaccio are applied only to the commercial portion of the harvest 
guideline, which is 1,340 mt in 1994. (The 1,540 mt harvest 
guideline minus 200 mt estimated harvest by the recreational 
fishery).
pThe yellowtail rockfish assessment addresses three separate 
areas: Vancouver, Columbia north of Cape Lookout, and Columbia 
south of Cape Lookout plus Eureka. For this table, the Columbia ABC 
means north Columbia only, and the Eureka ABC means Eureka 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) and 2,580 mt for 
the southern area (Eureka plus Columbia area south of Cape 
Lookout). (Separate harvest guidelines are established for the 
Sebastes complex north and south of the Eureka-Columbia border. 
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.
qThe 16,900 mt harvest guideline applies coastwide, and 
includes a 5,000 mt harvest guideline for the Columbia subarea. The 
Columbia subarea harvest guideline is higher than its ABC, and is 
intended to be reduced to ABC (4,000 mt) in 1995.
rIncludes sharks, skates, rays, ratfish, morids, grenadiers 
and other groundfish species noted above in footnote c.

Changes to the ABCs and Harvest Guidelines

    The 1994 final ABCs are changed from the 1993 levels for the 
following species: Pacific whiting, shortbelly rockfish, widow 
rockfish, chilipepper, yellowtail rockfish, remaining rockfish, English 
sole, and petrale sole. These changes are based on the best available 
scientific information. Information considered in determining the ABCs 
is available from the Council (See ADDRESSES) and was distributed to 
the public in the Council's stock assessment and fishery evaluation 
(SAFE) document. The SAFE document, required under the guidelines for 
Fishery Management Plans at 50 CFR part 602, summarizes the best 
available scientific information concerning the past, present, and 
possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Those species or species groups with harvest guidelines in 1993 
will continue to be managed with harvest guidelines in 1994. As in 
1993, no quotas are established. The harvest guidelines are changed 
from those for 1993 for Pacific whiting, jack mackerel, Pacific ocean 
perch (POP), shortbelly rockfish, widow rockfish, thornyheads, 
yellowtail rockfish, the Sebastes complex in the Vancouver/Columbia 
subareas, Dover sole in the Columbia subarea and coastwide, and new 
harvest guidelines are established for lingcod coastwide and the 
Sebastes complex in the Eureka, Monterey, and Conception subareas.
    The changes to the ABCs and harvest guidelines are described below. 
All other ABC and annual harvest guideline specifications announced in 
Tables 1 and 2 for 1993 (58 FR 2990, January 7, 1993) will apply again 
in 1994 and are included in Table 1.
    Lingcod. The ABC for lingcod remains at 7,000 mt, but a new harvest 
guideline is established at 4,000 mt in 1994, approximating peak 
landings during the past 10 years. Landings ranged between 3,000 and 
3,500 mt in 1989-1991. The ABC is based on historical landings rather 
than a scientific stock assessment, and has not been updated since 
1986. A stock assessment for lingcod is planned for the near future. 
The Council was concerned that the new open-access fishery would expand 
its lingcod harvest. In order to discourage expansion pending 
completion of the new stock assessment, a harvest guideline was 
designated. Based on the harvest guideline, open-access and limited-
entry allocations are being specified. If effort shifts into this 
fishery, trip limits may be imposed to keep landings within the 
allocations and/or harvest guidelines.
    Pacific whiting. The ABC for Pacific whiting in 1994 (325,000 mt 
for the United States (U.S.) and Canada combined) is substantially 
higher than in 1993 (177,000 mt) for several reasons. The 1992 
hydroacoustic survey utilized new, more sensitive equipment, and 
extended further offshore and further north to better encompass the 
range of pacific whiting. As a result, the biomass estimate was more 
than double the previous estimate. In recent years, the Council has 
adopted a hybrid fishing strategy that combines the features of a 
constant fishing mortality (F) strategy at higher levels of biomass, 
and, at lower levels of biomass, a variable F strategy where fishing 
mortality for a particular year in proportional to the level of female 
spawning biomass. If this moderate harvest policy is applied to the new 
projected numbers in 1994, the potential yield would be 450,000 mt. 
However, the Council recommended a more conservative harvest rate for 
1994, which provides a yield of 325,000 mt, to provide for cautious 
exploitation until further information can be obtained; the large 
increase in projected yield is due to a single survey estimate that 
will not be replicated until 1995. In addition, the Council felt it 
prudent to acknowledge the possibility of a combined U.S. and Canadian 
harvest in excess of the U.S.-Canada ABC as occurred in 1992 and 1993.
    These overages (15 percent in 1993) have not caused a biological 
problem, particularly given the large increase in the ABC in 1994. The 
Council recommended that the U.S. share in 1994 continue at 80 percent 
of the U.S.-Canada ABC, as was the case in 1993, providing a U.S. 
harvest guideline of 260,000 mt. If Canada continues to calculate its 
share in the same manner as in 1992 and 1993, the U.S. and Canadian 
total harvest would be 14 percent above the coastwide ABC in 1994. 
However, the total harvest would be lower than the overfishing level, 
and lower than the amount that would have been taken if the Council had 
chosen to use the moderate harvest rate level, as in 1993, in 
determining the ABC. If recruitment remains near the median level, a 
decline in annual yield is expected over the next few years, and will 
be slightly more severe if the catch exceeds the harvest guideline. 
Bilateral negotiations with Canada are expected to continue to resolve 
this issue.
    Jack mackerel. The ABC is maintained at 52,600 mt, the same level 
as in 1993, and the harvest guideline is adjusted upward to equal the 
ABC. In 1992, the harvest guideline has been set at 46,500 mt, lower 
than the ABC, to deduct the amount of jack mackerel that was expected 
to be taken beyond 200 nautical miles (nm). However, the fishery did 
not materialize and the Council recommended setting the harvest 
guideline equal to ABC in 1993. This change inadvertently was not 
announced with the 1993 specifications in the Federal Register, so the 
correction is made for 1994.
    Chilipepper rockfish. In 1993, the coastwide ABC was set at 3,600 
mt with nearly all the catch coming from the Eureka, Monterey, and 
Conception subareas. The catch in 1992 was about 2,895 mt; 1993 
landings data are not yet available for this species. A new assessment 
indicates that the ABC could be higher, up to 5,000 mt, due to a very 
strong 1984 year class, and that the stock is at a level above that 
expected under the recommended level of exploitation. However, the 
Council recommended a lower ABC of 4,000 mt for 1994, higher than the 
expected 1993 catch, but less than the maximum amount suggested by the 
assessment and close to the long-term average yield. Although a higher 
ABC appears supportable from the assessment, it is not recommended 
because bocaccio, which is at a low stock level and has an ABC of 1,540 
mt and 1993 landings near that level, are unavoidably caught with 
chilipepper. There is no harvest guideline at this time for chilipepper 
rockfish.
    Pacific ocean perch (POP). Based on the 1992 stock assessment, the 
ABC for POP remains at zero. A rebuilding program was established for 
POP in 1981, following depletion of this stock during the 1960's and 
early 1970's. Significant rebuilding has not been detected. The stock 
abundance is estimated to be about 50 percent of its target level and 
recent harvests of about 1,000 mt are near the level of overfishing. If 
the stock recovers to its target level, then annual yields of about 
1,400 mt may be possible. Strong year classes which are necessary to 
rebuild the stock occur infrequently, so the lack of rebuilding is not 
unexpected. The harvest guideline continues to be set at the level that 
accommodates the incidental catch of POP caught while fishing for other 
species. The reduction of the harvest guideline from 1,550 mt in 1993 
to 1,300 mt in 1994 results from converting the harvest guideline from 
an estimate of total catch (retention plus discards) to an estimate of 
landed catch (retention only). The harvest guideline of 1,550 mt in 
1993 applied to the total catch, 1,300 mt for landed catch and a 250-mt 
(16 percent) estimate of trip-limit induced discards. In 1994, the 
harvest guideline represents only the landed catch, and therefore is 
lowered to 1,300 mt.
    For the last several years, the harvest guideline, in conjunction 
with a very small trip limit, was necessary to accommodate only 
incidental catches of POP which otherwise would have been discarded. 
The trip limit will not be relaxed to achieve the harvest guideline, 
but may be changed to reflect revised estimates of bycatch levels. The 
catch in 1993 is projected to be about 1,447 mt, 93 percent of the 
harvest guideline. The 1994 harvest guideline is consistent with the 
Council's policy to allow for incidental catches during the 20-year 
rebuilding schedule for POP.
    Shortbelly rockfish. Shortbelly rockfish remains an unexploited 
stock and thus is difficult to assess quantitatively. In recent years, 
the ABC has been maintained at 13,000 mt until further data can be 
collected. However, the midpoint of the range of recently revised yield 
estimates is 23,500 mt. The Council agreed that this represents the 
best available scientific information and recommended that the harvest 
guideline be set equal to the ABC. To date, a fishery for this species 
has not developed. Less than 10 mt were taken in 1992 and similar 
landings have occurred in 1993.
    Widow rockfish. A new assessment was conducted for widow rockfish 
which explored the consequences of near-term landings between 5,000-
7,000 mt. If recent recruitment remains near the average, then stock 
abundance is expected to remain nearly constant with annual landings of 
7,000 mt (which would, including discards, indicate a total harvest of 
8,150 mt) in 1994-1996. With annual harvest at 6,500 mt, stock 
abundance would be expected to increase slightly towards its target 
level. However, the assessment also provides a plausible alternative, 
based on lower stock abundance and recent recruitment at a lower, 
median level, which would support landings of only 5,000 mt during 
1994-1996. Given this uncertainty, the ABC and HG are both set at 6,500 
mt for 1994.
    Thornyheads. The ABCs for shortspine and longspine thornyheads are 
the same as in 1993. The two species of thornyhead cannot be 
practically separated in the landings, so, as in 1993, the 1994 harvest 
guideline is set for the combined species. However, like POP, the 
harvest guideline is adjusted so that it applies only to landed catch 
in 1994. Under the assumption that equal amounts of each species will 
be in the catch, the harvest guideline is set at 6,440 mt for both 
species combined (the 1993 harvest guideline of 7,000 mt, which 
represented the total catch, minus 8 percent for trip limit induced 
discards). This would result in a shortspine thornyhead catch equal to 
its overfishing level of 3,500 mt and a longspine catch that is less 
than its ABC of 10,100 mt. However, the percentage of shortspine 
thornyheads in 1991 and 1992 has been lower than 50 percent, and 
therefore the catches in these years have been below the overfishing 
level. During the first half of 1993, shortspine contributed only 35 
percent of the thornyhead landings. If the percentage shortspine in 
1994 remains at this reduced level as expected, the 1994 catch would be 
2,450 mt, well below the overfishing level.
    Yellowtail rockfish. A new stock assessment was conducted which 
indicates that 1983 and 1984 were stronger year classes than previously 
thought. The ABCs which were applied to the Vancouver, Columbia, and 
Eureka subareas separately in the past, are applied to different 
subareas in 1994, coinciding with the subareas used in the new stock 
assessment. These areas are: The Eureka subarea combined with the 
Columbia subarea south of Cape Falcon (40 deg.30' to 45 deg.46' N. 
latitude); the Columbia subarea north of Cape Falcon (45 deg.46' to 
47 deg.30' N. latitude); and the Vancouver subarea between 47 deg.30' 
and 49 deg.00' N. latitude which includes Canadian waters.
    In the north Columbia subarea, the assessment indicates a stock 
that is slowly declining, and further declines are expected as the 
1983-1984 year class moves through the stock. The 1994 4,160 mt ABC in 
this area is higher than the 1992 catch and similar to average catches 
between 1986-1989. In the Vancouver subarea, which extends into 
Canadian waters, there are contrary indicators of stock condition. 
Trawl survey data indicate a stable healthy stock from 1980-1992, 
whereas age composition data do not indicate a particularly strong 
1983-1984 year class and implies a steeply declining stock. Therefore 
the ABC for the Vancouver subarea is more conservative, based on the 
lower end of the optimistic scenario in the stock assessment, and the 
U.S. portion is estimated at 60 percent, or 1,190 mt. In the southern 
subareas (Eureka/south Columbia), the stock is believed to have 
recently increased because of the strong 1983-1984 year classes, but 
will experience a declining trend as the strong year classes are 
exploited. In 1993, 300 mt of the ABC was set aside for the Eureka 
subarea, and a harvest guideline, equal to the sum of the ABCs, was set 
only for the U.S. Vancouver/Columbia subareas combined. In 1994, 
however, two harvest guidelines are set for yellowtail rockfish, 
dividing the U.S. Vancouver, Columbia, and Eureka subareas at Cape 
Falcon, Oregon. The 4,160 mt harvest guideline in the northern subareas 
(U.S. Vancouver/north Columbia) is the sum of the ABCs. In the southern 
area (south Columbia/Eureka), the harvest guideline is set equal to the 
ABC of 2,580 mt.
    Remaining rockfish. Remaining rockfish in the Eureka, Monterey, and 
Conception subareas includes all rockfish except POP, widow rockfish, 
shortbelly rockfish, bocaccio and chilipepper rockfish. The ABCs for 
remaining rockfish have been unchanged since 1983. The ABCs in the 
Eureka, Monterey, and Conception subareas were set at 1.2 times the 
1977 catch, for a total of 9,500 mt. During 1983-1992, the catch of 
remaining rockfish in this area has ranged from 5,100 mt to 7,200 mt 
with an average of 6,600 mt. Although annual catches never have 
achieved the 9,500 mt ABC, an examination of declines in average length 
for several rockfish species suggests that the fishery is having a 
noticeable impact. Although there is insufficient information to 
conduct a quantitative stock assessment for the remaining rockfish in 
this southern area, an increase in effort in this area should not be 
encouraged, and therefore the ABC is reduced to 7,000 mt, the upper 
range of harvest in recent years.
    Remaining rockfish in the Vancouver and Columbia subareas are 
defined as all rockfish except POP, yellowtail rockfish, canary 
rockfish, widow rockfish, and shortbelly rockfish. The ABC is not 
changed in 1994.
    Remaining rockfish are included in both the northern and southern 
harvest guidelines for the Sebastes complex.
    Sebastes complex. The Sebastes complex includes all rockfish except 
widow, shortbelly, Pacific ocean perch, and thornyheads.
    North: The harvest guideline for the Sebastes complex in the 
Vancouver-Columbia area has been, and continues to be, the sum of the 
ABCs of the species in that area, and therefore is 13,240 mt 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 300 
mt, an estimate of the yellowtail ABC in the Eureka subarea.
    South: A harvest guideline of 13,440 mt is established for the 
first time for the Sebastes complex in the Eureka, Monterey, and 
Conception subareas, based on the sum of the ABCs of the species in 
those subareas (bocaccio, chilipepper, yellowtail rockfish, and 
remaining rockfish). The decline in average size of some the Sebastes 
species in this southern area, particularly dark-blotched rockfish, 
indicated a need to keep effort from expanding. Uncertainty generated 
by the new limited-entry management regime in 1994 prompted the Council 
to recommend a harvest guideline to better respond to effort shifts 
during the season.
    Dover sole. There is no change to any of the subarea or coastwide 
ABCs for Dover sole. At its November 1992 meeting, to mitigate the 
economic impact of abrupt reductions in ABC, the Council adopted a 
policy to reduce the harvest (and therefore the harvest guideline) in 
the Columbia subarea by 1,000 mt annually until the 4,000 mt ABC for 
that subarea is reached in 1995. This is the second year of the step-
down, and therefore the harvest guideline in the Columbia subarea is 
reduced from 6,000 mt in 1993 to 5,000 mt in 1994, 1,000 mt above the 
1994 ABC. Consequently, the coastwide harvest guideline, which is the 
sum of the subarea harvest guidelines, is 16,900 mt, 1,000 mt higher 
than the sum of the ABCs. As stated at 58 FR 2994 (January 7, 1993), 
the risk of overfishing Dover sole in the Columbia subarea is not 
appreciably increased by setting the harvest guideline greater than the 
ABC in 1993 and 1994. The Columbia subarea catch has declined from an 
average of 7,970 mt in 1988-1991 to 5,665 mt in 1992, and landings are 
expected to be about 5,800 mt in 1993.
    English sole. The coastwide ABC of 1,900 mt in 1993 is changed to 
two area ABCs in 1994: 2,000 mt for the Vancouver-Columbia area and 
1,100 mt for the Eureka-Monterey-Conception area. A new stock 
assessment was conducted only for the Vancouver-Columbia area. It 
indicated high recruitment during 1977-1992. The large biomass, 
combined with the early age at maturity which allows a high 
exploitation rate, suggest that a ten-fold increase in short-term yield 
may be possible in the Vancouver-Columbia area. However, catches have 
averaged only about 2,100 mt between 1983-1991. The 1994 ABC is set 
conservatively, at 2,000 mt in this area, approximately double the 
coastwide average catch during 1983-1991. The southern area ABC is set 
near the recent average catch because trawl surveys indicate little 
trend in abundance. There is no harvest guideline for English sole.
    Petrale sole. A new stock assessment for the Vancouver and Columbia 
subareas was conducted which resulted in the ABC for the two subareas 
being combined and lowered from 1,700 mt in 1993 to 1,200 mt in 1994. 
The assessment indicates that the stock in this area is essentially at 
the expected long-term average level of abundance, and recent yields 
are slightly below the potential. In addition, the ABC is lowered to 
exclude the portion that applied to Canadian waters that mistakenly was 
included in the previous ABC. There is no harvest guideline for petrale 
sole.

Setting Harvest Guidelines Greater Than ABC

    In most cases, harvest guidelines equal the ABCs, or prorated ABCs, 
for specific areas. However, for 1994 as in 1993, the Council 
recommended harvest guidelines that exceed the ABCs for three species, 
POP, Dover sole in the Columbia subarea, and shortspine thornyheads. 
The FMP requires that the Council consider certain factors when setting 
a harvest guideline above an ABC. These factors were analyzed by the 
Council's Groundfish Management Team (GMT) and considered at the 
Council's November 1993 meeting before recommending the 1994 harvest 
guidelines. These factors also were considered in establishing the 20-
year rebuilding schedule for POP in the 1981 FMP, and in the most 
recent stock assessments for POP and Dover sole in the Council's August 
1992 SAFE document, which provided the basis for the 1993 and 1994 
ABCs. A synopsis of these issues appears in the above discussion of 
these species.
    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 the maximum sustainable yield (MSY)). The rate is defined in 
terms of the percentage of the stock removed per year. Therefore, a 
large amount of catch 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 west 
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. POP is the only species believed to be near its 
overfishing level in 1993, and no others are expected to be overfished 
in 1994.
    POP was depleted off Washington and Oregon mainly 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 subareas. 
(POP are neither common nor important in the more southern areas). A 
review in 1992 of fishery and survey data does not indicate any 
significant rebuilding. The stock is estimated to be about 50 percent 
of its MSY level and recent harvests are near the level of overfishing 
(1,100 mt). The review also indicates that strong year classes, which 
are necessary to rebuild the stock, occur infrequently so the lack of 
rebuilding is not expected. The Council's GMT recognized that, as long 
as trawling occurs in these areas, incidental catches of POP will 
result. The GMT recommended that trip limits continue to be set to 
discourage targeting on POP while allowing landings of incidental 
catches.
    It is not anticipated that lowering the level of the trip limit (or 
the harvest guideline) will reduce the fishing mortality of POP. The 
level of catch will vary with effort in the Vancouver-Columbia area, 
and it is possible that the overfishing level will be reached, but not 
substantially exceeded, in 1994. Under the same harvest guideline and 
trip limit (3,000 pounds (1,361 kg) or 20 percent of all groundfish per 
trip, whichever is less), the total landings were 1,378 mt in 1991, 
1,023 mt in 1992, and are projected at 1,214 mt in 1993.
    Discards. 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 reasonably account for this extra catch. These discard 
factors are applied in several ways.
    In some cases (trawl sablefish, widow rockfish, bocaccio, Dover 
sole), the discard factor was used in the stock assessment and in the 
setting of the ABC. Therefore the ABC and harvest guideline are defined 
in terms of landed catch. No additional discard factor is applied to 
inseason catch projections.
    In other cases (yellowtail rockfish, POP, thornyheads), a discard 
factor was not anticipated in the stock assessment leading to the 
setting of the ABC because the assessment was conducted before the trip 
limits became low enough to induce discards. For POP and thornyheads, 
an estimate of discards caused by trip limits has been subtracted from 
the ABC so that the harvest guideline represents only the landed catch. 
For yellowtail rockfish, a variety of gears with different discard 
levels contribute to the catch, so the harvest guideline is set equal 
to ABC and landings are adjusted by a discard factor during the season 
to estimate total removals.
    The level of trip limit discard is not monitored. 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.
    Discarded bycatch in the Pacific whiting fishery always is counted 
towards the harvest guideline inseason because this source of discard 
is measured accurately by observers and is variable from year to year.
    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 
impacting species that are fully utilized by domestic processors or 
harvesters, the harvest guidelines or quotas 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 1994, there are no surplus groundfish 
available for joint venture or foreign fishing operations. 
Consequently, all the harvest guidelines in 1994 are designated 
entirely for DAP (which also equals DAH), and JVP and TALFF are set at 
zero.
    In the unlikely event that a foreign or joint venture fishery 
should occur, the incidental catch levels would be the same as 
announced at Table 2, footnote 1 of 58 FR 2990 (January 7, 1993).

The Limited-Entry Program--Effective January 1, 1994

    Amendment 6 to the FMP establishes a limited-entry program which 
divides the 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 
and implementing regulations, and are announced annually with the ABC 
and harvest guideline specifications. At its November 1993 meeting, the 
Council recommended the species and areas subject to open-access and 
limited-entry allocations in 1994, and the Regional Director calculated 
the amounts of the allocations which are presented in Table 1. Unless 
otherwise specified, the limited-entry and open-access allocations are 
treated as harvest guidelines in 1994.
    Open-access allocations. The open-access fishery means the fishery 
composed of vessels using (i) exempt gear, or (ii) 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, 
California, California halibut, or sea cucumbers.) Simply put, open-
access gear is all types of fishing gear except longline, pot, or 
groundfish trawl gear fished by a vessel that has a limited-entry 
permit affixed with a gear endorsement for that gear.
    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 
under sections II.E. (b) and (c) of the Appendix to part 663. For those 
species in which the open-access share would have been less than one 
percent, no open-access allocation is specified for 1994 because 
significant open-access effort is not anticipated. At the time the 
calculations were made, the status of some vessels (whether or not 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. The highest ``undecided'' amount is 4.7 percent for 
the catch of species used to represent bocaccio during the window 
period. Therefore the greatest potential error in any of the open-
access or limited-entry allocations is less than 2.5 percent of the 
harvest guideline. This level of error would not result in a change in 
any of the 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 to fish for California halibut or sea cucumbers south of Pt. 
Arena, California.)
    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.

II. 1994 Management Measures--Commercial Fishery

    Most of the 1994 management measures announced in this notice 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 
particularly 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 not yet designated as routine apply to 
the harvest of groundfish taken incidentally in non-groundfish 
fisheries (in the open-access fishery) for pink shrimp, spot and 
ridgeback prawns, California halibut, and sea cucumbers. These 
fisheries must be managed under ``routine'' trip limits to assure that 
open-access allocations are not exceeded. The trip limits for pink 
shrimp, and spot and ridgeback prawns previously were codified at 50 
CFR 663.24; those for California halibut and sea cucumbers are 
announced herein for the first time. In the future, the Council also 
may recommend designating trip limits for lingcod as routine, so that 
they may be adjusted in season to achieve its harvest guideline which 
was specified for the first time in 1994.
    Limited-entry fishery. The following management measures apply to 
vessels operating in the limited-entry fishery after January 1, 1994, 
and are designed to keep landings within the harvest guidelines or 
limited-entry allocations.
    The Sebastes complex (including yellowtail rockfish and Bocaccio). 
Beginning January 1, 1993, the cumulative trip limit for the Sebastes 
complex coastwide was 50,000 pounds (22,680 kg) in a 2-week period, of 
which no more than 10,000 pounds (4,536 kg) could be bocaccio taken 
south of Cape Mendocino, or 8,000 pounds (3,629 kg) could be yellowtail 
rockfish caught north of Coos Bay, Oregon. The Sebastes complex trip 
limit remained the same all year, but the trip limit for yellowtail 
rockfish was lowered to 6,000 pounds (2,722 kg) in late April, and the 
bacaccio trip limit was increased to 15,000 pounds (6,804 kg) in early 
October. By the end of 1993, landings of bocaccio are yellowtail 
rockfish and the Sebastes complex catches are expected to exceed their 
harvest guideline in the Vancouver/Columbia subareas by as much as 27 
percent and 18 percent, respectively. The Council did not recommend 
further reductions in the trip limit for yellowtail rockfish in 1993 
because the ABC and harvest guideline for this species were expected to 
increase substantially in 1994, and the overage in 1993 is not expected 
to reduce future productivity. The Sebastes complex harvest guideline 
was exceeded entirely due to the overage in the yellowtail rockfish 
landings, so the trip limit for the complex was not reduced for the 
same reasons as for yellowtail rockfish.
    In 1994, the cumulative trip limit period for the Sebastes complex 
(including yellowtail rockfish and bocaccio) is extended from 2 weeks 
to a calendar month, consistent with the period for widow rockfish and 
the Dover sole/thornyhead/sablefish complex. However, the trip limit is 
not simply doubled because experience has shown that the opportunity 
for landings, and thus catch rates, increase as the trip limit period 
is lengthened. Consequently, the coastwide trip limit for the Sebastes 
complex is increased to only 80,000 pounds (36,290 kg) per calendar 
month in 1994. Analysis of 1993 Washington and Oregon landings 
accumulated by 4-week periods indicated that this trip limit will not 
be severely constraining because few cumulative Sebastes trips exceeded 
80,000 pounds (36,290 kg) in 1993.
    In addition, the management line for yellowtail rockfish is moved 
north to Cape Lookout, Oregon (45 deg.20'15'' N. latitude), to better 
define the areas where this species is concentrated. The cumulative 
trip limit for yellowtail rockfish north of Cape Lookout is set at 
14,000 pounds (6,350 kg) per month, intermediate to the 1993 levels 
(6,000 pounds (2,722 kg) and 8,000 pounds (3,629 kg) per 2-week 
periods), because landings in 1993 are believed to have been similar to 
the 1994 harvest guideline for the same area. To keep landings from 
accelerating south of the line, as occurred in 1992, a trip limit of 
30,000 pounds (13,608 kg) per month is established for yellowtail 
rockfish caught south of Cape Lookout.
    Because landings of bocaccio did not reach the 1993 harvest 
guideline, the trip limit is almost doubled to 30,000 pounds (13,608 
kg) per month.
    The 1993 restrictions limited a vessel to the northern, more 
restrictive trip limit for yellowtail rockfish if operating on both 
sides of the line at Coos Bay. This was a problem for vessels that took 
the yellowtail rockfish limit south of Coos Bay at the beginning of the 
month, and then fished north of the line for the DTS complex because 
yellowtail rockfish is commonly taken as bycatch. The yellowtail 
rockfish would either need to be discarded or the vessel would be in 
violation of the more restrictive northern limit. The same problem 
would exist north and south of Cape Lookout in 1994. Consequently, the 
Council endorsed a declaration procedure by the States of Oregon and 
Washington that would allow a fisherman to operate both north and south 
of Cape Lookout during a month and retain up to the southern limit of 
yellowtail rockfish, if the State is notified in advance where the 
vessel will be operating on each trip that crosses the line during that 
month. These declarations, which are binding for the trip, are similar, 
but not identical, to those used in the past. The State where the fish 
will be landed (Oregon or Washington) should be contacted for more 
complete information on these procedures, which may differ between the 
two States. The phone numbers of the State agencies appear in Section 
III.C.
    Widow rockfish. The 1993 cumulative trip limit for widow rockfish 
initially was set at 30,000 pounds (13,608 kg) per 4-week period, but 
was reduced to 3,000 pounds (1,361 kg) per trip on December 1, 1993. 
Landings of widow rockfish are projected to exceed the harvest 
guideline by as much as 12 percent in 1993. For 1994, the trip limit is 
again initially set at 30,000 pounds (13,608 kg), but the period is 
slightly extended from 4-weeks to a calendar month. Reducing the number 
of trip limit periods from 13 4-week periods (of 28 days) to 12 
calendar months (of 30-31 days) is intended to reduce landings from 
1993 levels and avoid the need for further trip limit reductions before 
the fall of 1994.
    POP. The 1994 trip limit for POP is the same as in 1991-1993: 3,000 
pounds (1,361 kg) or 20 percent of all fish on board, whichever is 
less, in landings of POP above 1,000 pounds (454 kg). This is not a 
cumulative limit because it is intended to accommodate only incidental 
catches. It therefore applies to each fishing trip. Because the trip 
limit for POP is intended to accommodate only unavoidable incidental 
catches, it will not be increased if landings are lower than the 
harvest guideline.
    DTS complex (Dover sole, thornyheads, and trawl-caught sablefish). 
In January 1993, the cumulative trip limit for the DTS complex was 
45,000 pounds (20,412 kg) per 2-week period, of which no more than 
20,000 pounds (9,072 kg) could be thornyheads and no more than 1,000 
pounds (454 kg), or 25 percent of the DTS complex, whichever was 
greater, could be sablefish. In April, the trip limits were reduced and 
applied on a 4-week cumulative basis: 60,000 pounds (27,216 kg) of the 
DTS complex, of which no more than 35,000 pounds (15,876 kg) could be 
thornyheads. The sablefish trip limit remained the same (but was 
expected to result in lower landings due to the reduction in the trip 
limit for the complex) until September when a ceiling of 3,000 pounds 
(1,361 kg) per trip was added. Nonetheless, landings continued at high 
levels and, at the Council's November 1993 meeting, were projected to 
exceed the harvest guidelines for trawl-caught sablefish by 18 percent 
and for thornyheads by 17 percent. Dover sole landings were projected 
to be 17 percent below its coastwide harvest guideline, but only 3 
percent below the harvest guideline in the Columbia subarea (which is 
1,000 mt lower in 1994). Further reductions were implemented in 
December 1993 (58 FR 64169, December 6, 1993) but were not expected to 
substantially reduce these overages. Throughout the year, no more than 
5,000 pound (2,268 kg) of sablefish per trip could be smaller than 22 
inches (56 cm) (total length).
    In 1994, the cumulative trip limit for the DTS complex is 50,000 
pounds (22,680 kg) per month, including no more than 30,000 pounds 
(13,608 kg) of thornyheads and 12,000 pounds (5,443 kg) of trawl-caught 
sablefish. The cumulative period is lengthened from 4-weeks to calendar 
month. The sablefish trip limit of 1,000 pounds (454 kg) or 25 percent 
of the DTS complex, whichever is greater, that applies to each trip, 
remains in effect. The 5,000-pound (2,268 kg) trip limit on sablefish 
smaller than 22 inches (56 cm) also continues. Even though the 
sablefish harvest guideline applies only to the Vancouver, Columbia, 
Eureka, and Monterey areas, these trip limits are applied coastwide to 
avoid effort shifts into the Conception area.
    Nontrawl trip limits for sablefish. In 1993, a coastwide 250-pound 
(113 kg) daily trip limit was applied until May 9, the beginning of the 
72-hour closure before the start of the regular season on May 12. The 
250-pound (113 kg) daily trip limit was reimposed on June 5 following a 
72-hour closure beginning June 2. Landings are projected to be within 
one percent of the harvest guideline in 1993. The harvest guideline 
applies coastwide except for the Conception subarea.
    Daily trip limits are established again in 1994, until 72 hours 
before, and 72 hours after, the regular season which is scheduled to 
start on May 15, 1994. However, the 250-pound (113 kg) daily trip limit 
will apply only to the Vancouver, Columbia, Eureka, and Monterey 
subareas, the same areas covered by the harvest guideline. In the 
Conception area, where there is no harvest guideline and landings have 
been below the 425 mt ABC, the daily trip limit is increased to 350 
pounds (159 kg). This limit will accommodate most current landings 
without encouraging excessive effort shifts into that area.
    The trip limit for sablefish smaller than 22 inches (56 cm) (1,500 
pounds (680 kg) or 3 percent of all legal sablefish on board, whichever 
is greater) remains in effect.
    Pacific whiting. The Council recommended continuation of the 
10,000-pound (4,536 kg) trip limit for Pacific whiting taken before and 
after the regular season. In 1994, the regular season begins on March 1 
between 42 deg.00'--40 deg.30' N. latitude, and on April 15 north of 
42 deg.00' N. latitude and south of 40 deg.30' N. latitude.
    Open-access fishery. At its November meeting, the Council 
recommended open-access fishery trip limits for certain gear types, 
areas, and species or species groups. For all open-access gear except 
trawls, the Council recommended: (1) A 10,000 pound (4,536 kg) trip 
limit for all rockfish, not to exceed 40,000 pounds (18,144 kg) 
cumulative in a month; and (2) a sablefish trip limit of the same 
amounts and areas as for the limited-entry nontrawl fishery at the 
beginning of the year (250 pounds (113 kg) per day north of 36 deg.00' 
N. latitude; 350 pounds (159 kg) per day south of 36 deg.00' N. 
latitude). For shrimp trawls, the trip limit for spot and ridgeback 
prawns remains the same at 1,000 pounds (454 kg) of groundfish per 
trip, and the trip limit in the pink shrimp fishery (1,500 pounds (680 
kg) of groundfish per day times the number of days in the fishing trip) 
is the same except the exclusion of whiting, shortbelly rockfish, and 
arrowtooth flounder is removed. The trip limits all are designed to 
keep landings within the open-access allocation for as long as possible 
during the year. In addition, any more restrictive limits imposed on 
the limited-entry vessels also apply to the open-access vessels. In 
particular, the cumulative monthly limits for bocaccio and for 
yellowtail rockfish are more restrictive than the 40,000 pounds (18,144 
kg) cumulative limit on all rockfish in the open-access fishery.
    Public comment resulting from the discussion of trip limits at the 
September 1993 Council meeting revealed two minor trawl fisheries for 
non-groundfish species (California halibut and sea cucumbers south of 
Point Arena, California) that incidentally take small amounts of 
groundfish. If these vessels had landed the 500-pound (227 kg) minimum 
landing requirement during the window period, they would have qualified 
for a limited-entry permit, but they did not. These vessels are 
considered to be using exempt gears, and therefore may participate in 
the open-access fishery. The Council agreed that the total take of 
groundfish in these fisheries was insignificant, if measurable, and 
that there was no need to force these fishers to discard incidentally-
caught groundfish. Therefore, a 500-pound (227 kg) trip limit for all 
groundfish species was recommended for these 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 notice in paragraphs titled ``limited-entry''). A vessel that 
operates in both the open-access and limited-entry fisheries is not 
entitled to two separate trip limits for the same species. Fish caught 
with open-access gear will also be counted toward the limited-entry 
trip limit. For example; In one month, a trawl vessel catches 12,000 
pounds (5,443 kg) of yellowtail rockfish in the limited-entry fishery, 
and in the same month catches 4,000 pounds (1,814 kg) of yellowtail 
rockfish using hook-and-line (open-access) gear. Because the open-
access landings are counted toward the limited-entry limit, the vessel 
would have exceeded its monthly 14,000 pound (6,350 kg) limited-entry 
limit for yellowtail rockfish by 2,000 pounds (907 kg).

III. 1994 Management Measures--Recreational Fishery

    The recreational size and bag limits in 1994 are the same as in 
1993 except for the bag limit for black rockfish off Oregon. The State 
of Oregon is concerned that numbers of black rockfish on the north 
Oregon coast are declining and has reduced the State bag limit from 15 
rockfish of any species, to 15 rockfish of which no more than 10 may be 
black rockfish. The Council recommended that the same change be made to 
the bag limit in Federal waters to conserve the species and maintain 
consistency with Oregon regulations. The commercial fishery is not 
restricted at this time because the commercial catch of black rockfish 
is low, and commercial vessels have voluntarily agreed to avoid the 
nearshore areas where black rockfish are found.

IV. Secretarial Actions

    For the reasons stated above, the Secretary concurs with the 
Council's recommendations and announces the following management 
actions for 1994, including those that have not been changed since 
1993.

A. General Definitions and Provisions

    The following definitions and provisions apply to the 1994 
management measures, unless otherwise specified in a subsequent notice:
    (1) 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.
    (2) 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.
    (3) 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 1994 initially apply to calendar months.
    (4) Unless the fishery is closed, a vessel which has landed its 
cumulative or daily limit may continue to fish on the limit for the 
next legal period so long as the fish are not landed (offloaded) until 
the next legal period.
    (5) All weights are round weights or round weight equivalents.
    (6) Percentages are based on round weights, and, unless otherwise 
specified, apply only to legal fish on board.
    (7) Legal fish means fish 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.
    (8) 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.)
    (9) 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, and 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 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.
    (10) Inseason changes to trip limits are announced by notices 
published in the Federal Register. Information concerning changes to 
trip limits also 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 notices. Once a 
change is effective, it is illegal to take and retain, possess, or land 
more fish than allowed under the new trip limit.
    (11) 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))
    (12) The following provisions that are not covered under the 
headings ``limited-entry'' or ``open-access'' apply to all vessels that 
take and retain groundfish unless otherwise stated.

B. Widow Rockfish

    (1) Limited-entry Fishery. No more than 30,000 pounds (13,608 kg) 
cumulative of widow rockfish may be taken and retained, possessed, or 
landed per vessel per month. (Widow rockfish are also called brownies.)
    (2) Open-access Fishery. See section G. Of the 40,000 pound (18,144 
kg) monthly cumulative trip limit for rockfish taken in the open-access 
fishery, no more than 30,000 pounds (13,608 kg) may be widow rockfish.

C. Sebastes Complex (Including Yellowtail and Bocaccio 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.
    (b) Cape Lookout means 45 deg.20'15'' N. latitude.
    (c) Cape Mendocino means 40 deg.30'00'' N. latitude.
    (2) Limited-entry fishery. (a) Cumulative trip limits. Coastwide, 
no more than 80,000 pounds (36,287 kg) cumulative of the Sebastes 
complex may be taken and retained, possessed or landed per vessel per 
month. Within this 80,000 pounds (36,287 kg), no more then 14,000 
pounds (6,350 kg) cumulative may be yellowtail rockfish taken and 
retained north of Cape Lookout; no more than 30,000 pounds (13,608 kg) 
cumulative may be yellowtail rockfish taken and retained south of Cape 
Lookout; and no more than 30,000 pounds (13,608 kg) cumulative may be 
bocaccio taken and retained south of Cape Mendocino.
    (b) The provisions of this paragraph (b) apply unless declarations 
are made according to paragraph (c) below. If any vessel transits 
through or fishes in the area north of Cape Lookout during a month, 
then that vessel is subject to the trip limit for yellowtail rockfish 
taken and retained north of Cape Lookout, no matter where the fish are 
possessed or landed. Similarly, if a vessel takes and retains 
yellowtail rockfish south of Cape Lookout and possesses or lands 
yellowtail rockfish north of Cape Lookout during a month, that vessel 
is subject to the northern trip limit.
    (c) State declarations. 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 30,000 pound (13,608 kg) cumulative limit for yellowtail rockfish 
south of Cape Lookout. For any vessel that takes and retains or lands 
yellowtail rockfish during the month, a declaration must be filed for 
each fishing trip that crosses the line at Cape Lookout during that 
month, must be made before leaving port on the fishing trip, and may 
not be changed once the vessel has left port. 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 Fisheries, Montesano, WA, at 206-249-4628; or 
Oregon Department of Fish and Wildlife, Newport, OR, at 503-867-4741.
    (i) A vessel under a northern trip declaration may not exceed the 
northern limit during a single trip, nor may the cumulative catch of 
all northern declared trips exceed the northern cumulative limit. The 
total cumulative catch for the month may not exceed the southern limit, 
no matter where the fish are caught.
    (ii) A vessel under a southern trip declaration may not fish for 
any groundfish north of Cape Lookout during the fishing trip for which 
the declaration is made; otherwise, the northern trip limit would 
apply. A vessel under a southern trip declaration may not exceed the 
southern trip limit during a single trip, nor may the cumulative catch 
of all southern declared trips exceed the southern cumulative limit. 
The total cumulative catch for the month may not exceed the southern 
limit, no matter where the fish are caught.
    (d) If any vessel is used to fish south of Cape Mendocino during 
the month, then the vessel is subject to the trip limit for bocaccio 
taken and retained south of Cape Mendocino, no matter where the fish 
are possessed or landed. Similarly, if a vessel is used to take and 
retain bocaccio north of Cape Mendocino and possesses or lands bocaccio 
south of Cape Mendocino, that vessel is subject to the southern trip 
limit.
    (3) Open-access Fishery. See section G. Of the 40,000 pound (18,144 
kg) monthly cumulative trip limit for rockfish taken in the open-access 
fishery, no more than 14,000 pounds (6,350 kg) cumulative may be 
yellowtail rockfish caught north of Cape Lookout, no more than 30,000 
pounds (13,608 kg) cumulative may be yellowtail rockfish caught south 
of Cape Lookout, and no more than 30,000 pounds (13,608 kg) cumulative 
may be bocaccio caught south of Cape Mendocino. The State declaration 
procedures apply to all vessels, whether in the limited-entry or open-
access fishery.

D. Pacific Ocean Perch (POP)

    (1) Limited-entry Fishery. The trip limit for Pacific ocean perch 
coastwide is 3,000 pounds (1,361 kg) or 20 percent of all legal fish on 
board, whichever is less. If less than 1,000 pounds (454 kg) of Pacific 
ocean perch are landed, the 20 percent limit does not apply.

    Note: Twenty percent of all legal fish on board including 
Pacific ocean perch is equivalent to 25 percent of all legal 
groundfish on board other than Pacific ocean perch.

    (2) Open-access Fishery. See section G. Within the 10,000 pound 
(4,536 kg) trip limit for rockfish taken in the open-access fishery, no 
more than 3,000 pounds (1,361 kg) or 20 percent of all legal fish on 
board, whichever is less, may be POP. If less than 1,000 pounds (454 
kg) of Pacific ocean perch are landed, the 20 percent limit does not 
apply.

E. Sablefish and the DTS Complex (Dover Sole, Thornyheads, and Trawl-
Caught Sablefish

    (1) 1994 Management Goal. The sablefish fishery will be managed to 
achieve the 7,000 mt harvest guideline in 1994.
    (2) Washington Coastal Tribal Fisheries. An estimate will be made 
of the catch to the end of 1994 for the Washington coastal treaty 
tribes. It is anticipated that these tribes will regulate their 
fisheries so as not to exceed their estimated catch. There will be no 
Federally imposed tribal allocation or quota. In 1994, the estimated 
tribal catch is 300 mt, the same as in 1991, 1992, and 1993.
    (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 1994 harvest guideline for sablefish is 7,000 mt. The 
300-mt tribal-imposed catch limit is subtracted, and the limited-
entry and open-access allocations are based on the remaining 6,700 
mt. The limited-entry allocation for 1994 of 6,070 mt is allocated 
3,520 mt (58 percent) to the trawl fishery and 2,550 mt (42 percent) 
to the nontrawl fishery. The trawl and nontrawl gear allocations are 
harvest guidelines in 1994, 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 for the DTS Complex (Thornyheads, Dover 
Sole, and Trawl-caught Sablefish). These provisions apply to 
thornyheads and Dover sole caught with any limited-entry gear and 
sablefish caught with limited-entry trawl gear.
    (i) ``DTS complex'' (formerly called the ``deepwater complex'') 
means Dover sole (Microstomus pacificus), thornyheads (Sebastolobus 
spp.), and trawl-caught sablefish (Anoplopoma fimbria). Sablefish also 
are called blackcod. Thornyheads also are called idiots, channel 
rockfish, or hardheads.
    (ii) Trip limits. Coastwide, no more than 50,000 pounds (22,680 kg) 
cumulative of the DTS complex may be taken and retained, possessed, or 
landed per vessel per month. Within this 50,000 pounds (22,680 kg), no 
more than 30,000 pounds (13,608 kg) cumulative may be thornyheads, and 
no more than 12,000 pounds (5,443 kg) cumulative may be trawl-caught 
sablefish. In any landing of the DTS complex, the trip limit for trawl-
caught sablefish is the greater of 1,000 pounds (454 kg), or 25 percent 
of the DTS complex. In any landing, no more than 5,000 pounds (2,268 
kg) of sablefish may be smaller than 22 inches (56 cm) (total length).

    [Note: Twenty-five percent of the DTS complex (including 
sablefish) is equivalent to 33.333 percent of the legal thornyheads 
and Dover sole.]

    (c) Nontrawl trip and size limits. (i) The daily trip limit for 
sablefish in the Vancouver, Columbia, Eureka and Monterey subareas (the 
U.S.-Canada border to 36 deg.00'00'' N. latitude) is 250 pounds (113 
kg), and in the Conception subarea (36 deg.00'00'' N. latitude to the 
U.S.-Mexico border) is 350 pounds (159 kg). These daily trip limits, 
which apply to sablefish of any size, remain in effect until the 
regular season begins, as specified at 50 CFR 663.23(b)(2).

    [Note: In 1994, the daily trip limits will be in effect from 
0001 hours January 1 through 2400 hours May 11; the first 72-hour 
closure will occur from 0001 hours May 12 through 2400 hours May 14; 
and the regular season will start at 0001 hours May 15.]

    (ii) 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 pounds (680 kg) or 3 percent of 
all legal sablefish on board, whichever is greater.
    (See paragraph (d) regarding length measurement.)
    (iii) 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) Length measurement. (i) 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.
    (ii) For processed (``headed'') sablefish,
    (a) The minimum size limit 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,
    (b) 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.)
    (e) No sablefish may be retained which is in such condition that 
its length has been extended or cannot be determined by the methods 
stated above in paragraph (d).
    (4) Open-access Fishery. The daily trip limit for sablefish in the 
Vancouver, Columbia, Eureka and Monterey subareas (the U.S.-Canada 
border to 36 deg.00'00'' N. latitude) is 250 pounds (113 kg), and in 
the Conception subarea (36 deg.00'00'' N. latitude to the U.S.-Mexico 
border) is 350 pounds (159 kg).
    F. Pacific Whiting. (1) Limited-entry Fishery. (a) No more than 
10,000 pounds (4,536 kg) of pacific 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).
    (b) No more than 10,000 pounds (4,536 kg) of Pacific 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 contour (as shown on NOAA Charts 18580, 18600, and 
18620) in the Eureka subarea (from 43 deg.00'00'' N. latitude to 
40 deg.30'00'' N. latitude).
    Additional regulations that apply to the whiting fishery are found 
in the Pacific Coast Groundfish regulations at 50 CFR 663.7 and 663.23 
(58 FR 21261 and 58 FR 21265, both April 20, 1992).

G. Vessel Limits In The Open-Access Fishery

    (1) Set net, hook-and-line, pot, and other exempt gear except 
exempted trawl gear:
    (a) Rockfish. No more than 10,000 pounds (4,536 kg) of rockfish may 
be taken and retained, possessed, or landed per vessel per fishing 
trip. No more than 40,000 pounds (18,144 kg) cumulative of rockfish may 
be taken and retained, possessed or landed per vessel per month. 
Rockfish means the Sebastes complex, shortbelly rockfish, widow 
rockfish, Pacific ocean perch, and thornyheads, as listed at 50 CFR 
663.2. Within these limits, a vessel may not take and retain, possess 
or land more widow rockfish, Pacific ocean perch, thornyheads, DTS 
complex, Sebastes complex, yellowtail rockfish, or bocaccio than 
authorized for the limited-entry fishery. (See paragraphs B.(1), C.(2), 
D.(1), and E.(3).)
    (b) Sablefish. The daily trip limit for sablefish in the Vancouver, 
Columbia, Eureka and Monterey subareas (the U.S.-Canada border to 
36 deg.00'00'' N. latitude) is 250 pounds (113 kg), and in the 
Conception subarea (36 deg.00'00'' N. latitude to the U.S.-Mexico 
border) is 350 pounds (159 kg).

    Note: The ``regular'' season and 72-hour closures specified at 
50 CFR 663.23(b)(2) do not apply to the open-access fishery.

    (2) Shrimp trawl (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 pounds (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 pounds (454 kg) of 
groundfish species per fishing trip.
    (c) Within these limits, a vessel may not take and retain, possess 
or land more widow rockfish, Pacific ocean perch, thornyheads, DTS 
complex, Sebastes complex, yellowtail rockfish, bocaccio, Dover sole, 
or Pacific whiting than authorized in the limited-entry fishery. (See 
paragraphs B.(1), C.(2), D.(1), E.(3), and F.(1).)
    (3) California halibut or sea cucumber trawl. No more than 500 
pounds (227 kg) of groundfish may be taken and retained, possessed, or 
landed per trip by a vessel participating in the California halibut 
fishery or in the sea cucumber fishery south or Point Arena, California 
(38 deg.57'30'' N. latitude).
    (i) 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, and 
(ii) all fishing on the trip takes place south of Point Arena and the 
landing includes California halibut of a size required at 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.

    (ii) 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, and (ii) all 
fishing on the trip takes place South of Point Arena and 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.
    (iii) Currently, no trawl trip limit in the limited-entry fishery 
is less than 500 pounds (227 kg). However, if a limited-entry trip 
limit were lower than 500 pounds (227 kg), no groundfish landing by 
California halibut or sea cucumber trawl may be in excess of the 
limited-entry trip limit for trawl gear.
    (4) 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 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 notice 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.
    (5) Sorting. 50 CFR 663.7(l) makes 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 pounds (1,361 kg) 
(round weight or round weight equivalent).'' This provision applies to 
both the limited-entry and open-access fisheries.

IV. Recreational Fishing

    (1) California. The bag limit for each person engaged in 
recreational fishing seaward of the State of California is 5 lingcod 
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 limit for each person engaged in recreational 
fishing seaward of the State of Oregon is 3 lingcod per day and 15 
rockfish per day, of which no more than 10 may be black rockfish 
(Sebastes melanops).
    (3) Washington (South of Leadbetter Point). The bag limit for each 
person engaged in recreational fishing seaward of the States of 
Washington south of Leadbetter Point (46 deg.38'10'' N. latitude) and 
Oregon is 3 lingcod per day and 15 rockfish per day.
    (4) Washington (North of Leadbetter Point). The bag limit for each 
person engaged in recreational fishing seaward of the State of 
Washington north of Leadbetter Point (46 deg.38'10'' N. latitude) is 3 
lingcod per day and 12 rockfish per day.

V. Inseason Adjustments

    At subsequent meetings, the Council will review the best data 
available and recommend modifications to these management measures if 
appropriate. The Council intends to examine the progress of these 
fisheries during the year in order to avoid overfishing and to achieve 
the goals and objectives of the FMP and its implementing regulations.

VI. 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.

Classification

    The final specifications and management measures for 1994 are 
issued under the authority of and in accordance with the regulations 
implementing the FMP at 50 CFR parts 611 and 663.
    Much of the data necessary for these specifications and management 
measures comes 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 to waive the publication of proposed specifications 
in the Federal Register and 30-day comment period on the proposed 
specifications. 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 
notice 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, September, October, and November 1993 that resulted in these 
recommendations from the Council. Additional public comments will be 
accepted for 30 days after publication of this notice in the Federal 
Register. The Assistant Administrator for Fisheries, NOAA will consider 
all comments made during the public comment period and may propose 
modifications as appropriate.
    Because the 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 Secretary finds and publishes with the rule good cause for an 
earlier effective date. Good cause for waiving the delay in 
effectiveness is found if the delay is impracticable, unnecessary, or 
contrary to the public interest. These specifications announce the 
harvest goals and the management measures designed to achieve those 
harvest goals in 1994. A delay in implementation could compromise the 
management strategies that are based on the projected landings from 
these trip limits. Therefore, a delay in effectiveness is contrary to 
the public interest and these actions are effective on January 1, 1994.

List of Subjects

50 CFR Part 611

    Fisheries, Foreign relations, Reporting and recordkeeping 
requirements.

50 CFR Part 663

    Administrative practice and procedure, Fisheries, Fishing, 
Reporting and Recordkeeping requirements.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 30, 1993.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 93-32118 Filed 12-30-93; 5 pm]
BILLING CODE 3510-22-M