[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DATES: Effective January 1, 1994, until modified, superseded, or
rescinded.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