[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8924]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 663

[Docket No. 940257-4105; I.D. 012494C]
RIN 0648-AF76

 

Pacific Coast Groundfish Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish requirements for 
combining two or more limited entry Pacific Coast groundfish fishery 
permits endorsed with vessel lengths from smaller vessels into a single 
limited entry permit endorsed with a larger length for use with a 
single fishing vessel. This rule is necessary to comply with 
regulations that require the Director, Northwest Region, NMFS (Regional 
Director), to develop and implement a standardized measure of harvest 
capacity for the purpose of determining the appropriate endorsed 
lengths for limited entry permits created by combining two or more 
permits with smaller size endorsements.

EFFECTIVE DATE: April 8, 1994.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the 
Final Regulatory Flexibility Analysis (FRFA) are available from J. Gary 
Smith, Acting Director, Northwest Region, National Marine Fisheries 
Service, 7600 Sand Point Way NE., BIN C15700, Seattle, WA 98115-0070; 
or Anneka W. Bane, Acting Director, Southwest Region, National Marine 
Fisheries Service, 501 W. Ocean Blvd., suite 4200, Long Beach, CA 
90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140, 
or Rodney R. McInnis at 310-980-4030.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 6 to the Pacific Coast Groundfish Fishery Management Plan 
(FMP) was prepared by the Pacific Fishery Management Council (Council), 
approved on September 4, 1992, and implemented by NMFS on November 16, 
1992 (57 FR 54001), through regulations codified at 50 CFR part 663, 
subpart C. Amendment 6, also called the ``Limited Entry Plan,'' is 
intended to control the harvesting capacity of the groundfish fishing 
fleet by:
    (1) Limiting the overall number of vessels;
    (2) Limiting the number of vessels using each of the three major 
gear types; and
    (3) Limiting increases in vessel harvest capacity by limiting 
vessel length.
    Amendment 6 requires that each limited entry fishing permit be 
endorsed with the length overall of the vessel that initially qualified 
for the permit (except for certain exceptions explained in the 
implementing regulations). A permit can only be used for a vessel that 
is no more than 5 ft (1.5 m) longer than the endorsed size on the 
permit or for a smaller vessel. Vessel owners may fish with larger 
vessels by combining permits for smaller vessels. Regulations at 50 CFR 
663.33(g) require the Regional Director, with professional advice of 
marine architects and other qualified individuals, and after 
consultation with the Council, to develop and implement a standardized 
measure of harvest capacity for the purpose of determining the 
appropriate endorsed lengths for limited entry permits created by 
combining two or more permits with smaller size endorsements.
    Amendment 6 bases the system for combining limited entry permits in 
the Pacific Coast groundfish limited entry fishery on overall length of 
the fishing vessel. The standard it sets is that the harvest capacity 
represented by the appropriate length endorsement for the combined 
permit not exceed the sum of the harvest capacities of the permits 
being combined. As provided by Amendment 6, the standard applies 
regardless of the target species being fished, and is applicable 
equally to trawl, longline, and fish trap (pot) vessels. As a practical 
matter, any system for combining permits must also provide the 
flexibility for vessel owners to mix and match permits with a variety 
of different length endorsements in order to achieve the desired length 
endorsement for a larger vessel. Once the relationship between length 
and harvesting capacity is established, a table can be generated that 
assigns a certain number of capacity rating points for each increment 
of vessel length. Such a table can be used by vessel owners to 
determine, at a glance, how many rating points are needed for any 
particular length of vessel. Under Amendment 6, only limited entry 
permits with ``A'' gear endorsements may be combined, and only permits 
for the same gear type (e.g., longline and longline, not trawl and 
longline) may be combined.
    This final rule adds a table to the regulations implementing 
Amendment 6 that assigns a certain number of capacity rating points per 
foot of vessel length (see Table 1 added to Sec. 663.33(g)). The table 
of capacity rating points per foot increment of vessel length up to a 
vessel length of 150 ft (45.7 m) is based on a curvilinear relationship 
described as length to the 2.5 power. For vessels larger than 150 ft 
(45.7 m), the relationship is a straight line (constant slope) 
increasing the number of 60-foot (18.3 m) permits required per 
increment of vessel length, so that a 200-foot (61.0 m) vessel would 
require twelve 60-foot (18.3 m) permits and a 400-foot (121.9 m) vessel 
would require twenty 60-foot (18.3 m) permits.
    The preamble to the proposed regulations (59 FR 9171; February 25, 
1994) contains a more complete explanation of the relationship between 
length and harvesting capacity for combining permits. Also described in 
the proposed rule is an explanation of the technical bases for the 
schedule chosen by NMFS (called the NMFS preferred approach in the 
proposed rule), as well as a description of two other alternatives, one 
initially proposed by NMFS (Initial Alternative I), the other by the 
Council (Initial Alternative II). The proposed rule requested public 
comments not only on the NMFS preferred approach, but on Initial 
Alternatives I and II as well. This rule implements the NMFS preferred 
approach, as described in the proposed rule. The final rule addresses 
what is primarily a technical issue with little or no conservation 
implications.
    The relationship between vessel length and harvest capacity chosen 
in the final rule is conservative and treats vessels of all lengths 
equitably. It was chosen based on the recognition that smaller vessels 
appear to produce at a level closer to their harvesting capacity, while 
larger vessels, especially 200 ft (61.0 m) and larger, may currently 
produce considerably below their actual capacity. As a result, the 
chosen relationship reflects the expectation that the harvesting 
capacity for larger vessels is potentially greater than the actual 
amounts that vessels of that size have produced historically.
    Initial Alternative I carried the curvilinear relationship only to 
90 ft (27.4 m) and the straight line relationship to 200 ft (61.0 m) 
(ten 60-foot (18.3 m) permits), with no increase in capacity rating 
points for vessels larger than 200 ft (61.0 m). The Council's 
recommended formula, Initial Alternative II, was curvilinear to 200 ft 
(61.0 m) with the straight line relationship beginning with twenty 60-
foot (18.3 m) permits at 200 ft (61.0 m) and ending with thirty-two 60-
foot (18.3 m) permits for 400-foot (121.9 m) vessels. All three 
concepts are shown graphically in Figure 1.

BILLING CODE 3510-22-P

TR14AP94.000


BILLING 3510-22-C

Comments and Responses

    Written comments were submitted by 6 fishing vessel owners' 
associations (Coast Draggers Association, Fishermen's Marketing 
Association, United Catcher Boats, American Factory Trawlers 
Association, and 2 from Mid-Water Trawlers Cooperative), 6 seafood 
processing companies, the Astoria Chamber of Commerce, 48 individuals 
or corporations associated with individual catcher vessels primarily 
involved in the Pacific whiting fishery, 3 corporations owning catcher-
processors (factory trawlers), and a corporation owning a mothership 
processor. Thirty of the comments received were from Newport, Oregon. 
The total number of comments received was 65, with 54 advocating 
adoption of the proposal recommended by the Council (Initial 
Alternative II), 5 advocating the NMFS initial proposal (Initial 
Alternative I), 3 supporting the NMFS preferred approach, and 3 
offering comments but no preference.
    Comment 1: Twenty-two commenters argued that the NMFS preferred 
approach would increase harvest capacity in the Pacific whiting fishery 
because large, efficient factory trawlers with a significant harvesting 
capacity would purchase permits issued to historically unproductive 
vessels, many with little or no historical catch of whiting, thus 
increasing the overall harvest capacity in the groundfish fishery, and 
particularly the whiting fishery.
    Response: Most of the commenters favoring the Council's 
recommendation argued that the purchase of a permit with marginal 
historical production by the owner of a potential highline vessel would 
increase capacity in the fishery. Most of these commenters made no 
distinction between harvest capacity, fishing effort, and actual 
production (catch). Fishing effort is the actual intensity with which a 
vessel/permit is used. It represents an amount of fishing activity per 
time period, not an amount of catch. In the context of this rule, 
capacity refers to the potential amount of fish that can be caught and 
retained by a vessel of a given length. Since permits are transferable, 
it is important to note that the potential catch associated with 
capacity is not necessarily the historical catch of that vessel, but 
rather the potential of the permit when affixed to a successful vessel 
of the same size.
    The Council in Amendment 6 specifically instructed NMFS to develop 
a schedule for combining permits that assured that harvest capacity, 
not fishing effort or catch, did not increase. The schedule chosen by 
NMFS is an attempt to keep the capacity represented by the sum of 
fishery permits from increasing. When permits are combined, the 
capacity of the resulting permit should not exceed the capacity of the 
group of permits that have been combined. The capacity of a permit is 
not defined by the level of fishing effort or production that its owner 
may have experienced over the preceding years, but by its potential for 
use by a highline vessel of the endorsed size.
    The degree to which a permit is actually used may be referred to as 
effort. The goals and objectives of Amendment 6 clearly identify 
``capacity'' of permits, not the effort with which they are applied, as 
being the focus for constraint in the limited entry program in general, 
and the formula for combining permits in particular. Thus, even though 
effort may increase as permits are transferred from less intensive to 
more intensive operations, in terms of fleet capacity, it makes no 
difference whether a vessel combines permits from ten 60-foot (18.3 m) 
vessels that each landed 1 mt the last 5 years, or from ten 60-foot 
(18.3 m) vessels that each landed 5,000 mt over the same period. The 
relevant question for determining capacity is what an individual could 
have caught with the permit, using a quality vessel of the same length, 
with a knowledgeable skipper and an efficient crew.
    The fact that potential highliners will increase overall effort and 
production in the fishery by obtaining permits from individuals who are 
making little use of them is not surprising; this likelihood is 
addressed in the analysis for Amendment 6. The Council could have 
reduced the potential for increases in effort resulting from permit 
transfers by establishing more rigorous minimum landing requirements 
for initial qualification for permits, but the Council's final action 
did not include different minimum landing requirements for vessels of 
different length. Alternatively, Amendment 6 could have constrained 
outputs (landings) by, for example, attaching landing endorsements to 
the permits, rather than length endorsements. In order for a vessel to 
increase its landings, it would have had to buy a permit endorsed for 
an appropriate amount of tonnage. This would have prevented little-used 
vessels from being transformed, through permit sale, into highliners, 
without production having been reduced by someone else. However, in 
constraining inputs to the fishery (vessel length and gear) rather than 
outputs, the Council was aware that increases in effort and production 
might occur.
    One example given by a commenter to justify concern about 
unproductive permits being transferred to a highline vessel was that, 
for example, a 300-foot (91.4 m) factory trawler, producing about 400 
mt per day, could obtain a limited entry permit by obtaining 13 permits 
from thirteen 65-foot (19.8 m) shrimp vessels that historically caught 
an aggregate of less than 400 mt of whiting over a whole year. However, 
it is also true that, if each one of those 13 permits was sold to a 
highline 65-foot (19.8 m) vessel making at-sea deliveries of whiting, 
the 13 vessels could easily deliver an aggregate of more than 1,000 mt 
per day, based on data from the 1991 whiting fishery. As this example 
illustrates, the potential for increasing effort in the whiting fishery 
is not simply an issue that arises with regard to factory trawlers 
combining permits in order to enter the fishery. Quite the contrary, 
historically unproductive permits for vessels under 110 ft (35.5 m) 
could generate as much or more additional catch in the whiting fishery 
if they were transferred/combined to highline vessels within the same 
size range than if they were combined to accommodate the use of a 
factory trawler.
    NMFS agrees that fishing effort will tend to increase with the 
combining of permits for factory trawlers in the whiting fishery. 
Likewise, the amount of capacity utilized in the whiting fishery will 
increase as permits issued for vessels with no historical whiting catch 
are transferred to vessels that fish for whiting. Those transfers 
represent a transfer of capacity from the non-whiting fishery, or 
alternatively the groundfish fishery as a whole, into the whiting 
fishery. However, it cannot be ignored that permits that are combined 
to support 100-foot (30.5 m) catcher boats, or even those that are 
transferred between vessels of the same size, will also lead to 
increases in effort, and, if transferred into the whiting fishery, to 
increases in capacity in the whiting fishery. Regardless of the size of 
her/his vessel, an entering highliner will always attempt to purchase 
permits as cheaply as possible, and that will involve seeking out 
permits that are generating the least amount of money for their current 
owners.
    Comment 2: Nine commenters argued that NMFS' use of a 60-foot 
catcher vessel in the whiting fishery for comparison with factory 
trawlers was flawed, because the average length of catcher vessels 
delivering whiting is closer to 85 ft (25.9 m) or 90 ft (27.4 m) in 
length. They argued that, if the same comparison were done using a 90-
foot (27.4 m) vessel length for a catcher vessel, the results would 
show that the NMFS preferred approach was not conservative enough to 
prevent harvest capacity from increasing.
    Response: The 2.5 exponential relationship for vessel length, 
explained in the proposed rule, which provided a good fit for the 
highline production data in the non-whiting sector of the groundfish 
fishery, does not characterize the length-production relationship 
observed in the whiting fishery. Because the relationship between 
production and vessel length departs dramatically from the exponential 
curve for all vessels in the whiting fishery, highline production data 
were determined to be the best way to illustrate the relationship of 
potential harvest capacity to vessel length for vessels in the whiting 
fishery. Although production data are used to illustrate relationships 
between vessels of different lengths, the potential harvest capacity of 
vessels larger than 150 ft (45.7 m) is presumed to be greater than the 
historical highline production for those vessels. The formula 
promulgated by this rule takes the difference between a vessel's 
highline production data and potential harvest capacity into account. 
Highline production is the average production for the top 25 percent of 
the vessels in each vessel class. For analytical purposes, highline 
production values are used to demonstrate trends and relationships 
between vessels of different lengths for vessels that participate 
substantially in the whiting fishery.
    Because the increase in historical production per increment in 
vessel length for factory trawlers is less than the increase in 
production per increment demonstrated by smaller vessels in the 
groundfish (non-whiting) fishery, comparison of the highline catch 
amounts associated with number of permits needed for a factory trawler 
is affected by the size of vessel chosen for comparison. As an example, 
compare the number of 60-foot (18.3 m) and 90-foot (27.4 m) permits 
that would be required for a permit for a 300-foot (91.4 m) vessel. If 
a 300-foot (91.4 m) factory trawler were to obtain all of its permits 
from 60-foot (18.3 m) boats, under the NMFS preferred approach it would 
need about sixteen permits. Since the 1991 highline production data for 
60-foot (18.3 m) vessels was estimated to be about 470 mt per week, 
these permits represent 7,500 (16 x 470) mt/week of catching capacity 
in the offshore whiting fishery. During the same year, the highline 
production data for factory trawlers around 300 ft (91.4 m) in length 
was in the 1,000-1,100 mt/week range. In 1992, highline factory trawler 
production went up, but was still generally less than 2,000 mt/week. 
Thus, the demonstrated capacity of the sixteen 60-foot (18.3 m) vessels 
is still greater than the 1992 factory trawler catch by a factor of at 
least three.
    If, on the other hand, the factory trawler were to acquire all of 
its permits from 90-foot (27.4 m) trawlers, it would need a total of 6. 
A 90-foot (27.4 m) vessel's highline production data was 610 mt/week, 
which is only 30 percent higher than for a 60-foot (18.3 m) vessel. 
Thus, the demonstrated production of these six vessels combined amounts 
to slightly more than 3,500 mt/week. While this value is less than the 
amount a 300-foot (91.4 m) vessel might harvest occasionally in the 
pollock fishery, it is higher than any weekly catch observed by a 
factory trawler over recent years in the whiting fishery. This example 
illustrates that a reasonable safety factor still exists, even if 90-
foot (27.4 m) vessels are used for comparison with factory trawlers.
    Sixty-foot (18.3 m) vessels were selected for comparison with the 
factory trawlers in the whiting fishery for several reasons. First, 
that size of vessel was common among all three gear types (trawl, 
longline, and pot) and thus allows a comparison of harvest capacity and 
vessel length for all three gear types. Second, 60-foot (18.3 m) 
catcher vessels were assumed to be producing closer to their actual 
harvest capacity than 80- or 90-foot (24.4--27.4 m) catcher vessels. 
Therefore, 60-foot (18.3 m) vessel permits were used as a yardstick to 
compare the relationships between harvest capacity and vessel length 
for vessels using all three gear types and participating in the non-
whiting sector of the fishery.
    Finally, the appropriateness of choosing comparison values is not 
determined by the make-up of the current whiting fleet, but by the 
length composition of the permits that are actually assembled in order 
to license a factory trawler. Since permits may be acquired from across 
the groundfish/whiting complex for this purpose, it seems likely that 
any factory trawlers will acquire permits from a variety of vessel 
lengths. Regardless of the lengths of the size endorsements on the 
permits being combined, or whether the smaller vessels have fished 
primarily for other groundfish or shrimp, the appropriate measure of 
the catching capacity, relative to a factory trawler, is what these 
vessels could produce in the offshore whiting fishery.
    Comment 3: Several commenters noted that the actual harvest 
capacity of larger (80-90-foot) (24.4--27.4 m) at-sea delivery vessels 
in the whiting fishery was greater than the 500 mt per week for catcher 
vessels used in the NMFS analysis for comparison with factory trawler 
production values. They noted that the larger at-sea delivery vessels 
often were constrained by production limits from motherships.
    Response: NMFS agrees, and the NMFS analysis assumes that actual 
harvesting capacity is greater than the production values for all 
classes of vessels substantially involved in the whiting fishery. For 
example, if all 90-foot (27.4 m) vessels delivered 1,000-1,100 mt of 
whiting per week (equivalent to the largest single week of deliveries 
by any catcher vessel in the data examined) instead of the 610 mt 
observed production for the top 25 percent of delivery vessels, then if 
under the NMFS preferred approach, six 90-foot (27.4 m) vessel permits 
are combined, the harvest capacity retired would actually amount to 
6,000 mt per week or more, almost triple any observed production from 
factory trawlers in the whiting fishery. At this point, neither the 
information regarding potential factory trawler performance submitted 
by commenters (addressed in the response to comment 4), nor any other 
information of which NMFS is aware, supports the assumption that the 
actual production of factory trawlers in the whiting fishery can be 
increased by a factor of 2.5 to 3.0 through the introduction of 
efficient offloading procedures at sea. Still, this is an emerging 
technology, and it is not impossible that factory trawler catch could 
be increased substantially if a factory trawler serves, in whole or in 
part, as a delivery vessel.
    Comment 4: Some commenters have suggested that factory trawler 
catches have been restricted by the processing aspects of their 
operations and that supplemental at-sea transfers between factory 
trawlers, which are both harvesting and processing, could significantly 
increase factory trawler catch rates.
    Response: NMFS agrees that production methods may be one factor 
limiting current harvest levels for factory trawlers. During 1991, for 
example, whiting factory trawlers had weekly levels of fish retention 
that were roughly half the amounts for comparably sized motherships, 
despite having roughly the same under-deck space available for 
production lines, freezing, and storage facilities. This indicates that 
processing limitations probably are not the sole factor constraining 
harvests. NMFS agrees that some potential exists for factory trawlers 
to increase their production. Thus, the harvest capacity for vessels 
over 200 ft (61.0 m) in length, calculated by this rule, is greater 
than any historical level of factory trawler catch in the whiting 
fishery.
    One reason offered for this difference between mothership and 
factory trawler production is the fact that mothership production 
benefits from having several vessels scouting for concentrations of 
whiting, as well as fishing. Factory trawler production might be 
increased if these vessels were able to benefit from some method of 
scouting for concentrations of fish, so that the factory ship was able 
to stay on productive grounds. One commenter provided a news article 
documenting the use of a new hose-transfer technology that might be 
used by factory trawlers to transfer fish between two or more vessels. 
The article reported that a 207-foot (63.1 m) trawler off-loaded 2,000 
mt of pollock during a 1-week period using this methodology. Although 
the article did not say if 2,000 mt represented the trawler's catch of 
pollock for the entire week, this level of production is the same level 
demonstrated by larger than 200-foot (61.0 m) vessels in the whiting 
fishery.
    This potential for factory trawlers to increase their harvest rates 
in the whiting fishery is the reason that the schedule for larger 
vessels requires more permits than is suggested by highliner production 
data, whereas the formula for smaller vessels, with less potential to 
increase production, closely tracks highline production data.
    Comment 5. Several commenters believed that, under the NMFS 
preferred approach, factory trawlers would accumulate the necessary 
number of permits at a disproportionately low net cost per unit 
compared to the net cost, for example, to a 70-foot (21.3 m) vessel 
upgrading to a 90-foot (27.4 m) vessel.
    Response. It should be noted that the analysis in the EA/RIR/IRFA 
of the potential cost of permits in support of the proposed rule was 
extremely speculative, since little information on the profitability of 
various sectors of the fleet was readily available. The analysis was 
never intended as a prediction of what prices would be, but only to 
illustrate what the range of prices might be given certain par values 
for 60-foot vessels. Since a working model of profitability in the 
groundfish and whiting fisheries was not available, no effort was 
directed at projecting what the actual cost of permits would be.
    In anticipation of a permit combination rule becoming effective, 
some factory trawler owners have been purchasing permits. A comment 
received from representatives of a factory trawler indicates that the 
cost of securing the number of permits required by the NMFS preferred 
approach was, in fact, in excess of $1.5 million.
    Although it is not clear what the commenters intended as a 
yardstick for a comparison of net cost per unit for smaller versus 
larger vessels, two potential yardsticks are the cost of entering the 
fishery relative to the amount of fish that can be caught, and the cost 
of entry relative to the existing capitalization of the fishing vessel. 
The following table illustrates the relationships between permit cost 
and production, assuming that permits cost roughly $6,000 per rating 
point, as asserted in the comments from the American Factory Trawlers 
Association. In terms of the dollar amount that must be spent per 
metric ton of catch, it is clear that factory trawlers will pay more 
than smaller vessels. Based on highline production levels, a 60-foot 
(18.3 m) vessel would pay one-sixth of what a factory trawler would per 
metric ton of catch per week. Ninety-foot (27.4 m) and 120-foot (36.6 
m) vessels would pay about one-third to one-half of the cost per ton 
estimated for factory trawlers.

----------------------------------------------------------------------------------------------------------------
                                                                   Permit cost @     Highline       Permit cost 
              Vessel length (feet)                 Rating points     $6,000/pt     production/wk   per mt caught
----------------------------------------------------------------------------------------------------------------
60..............................................           15.59         $93,531             470            $199
90..............................................           42.96         257,741             610             423
120.............................................           88.18         529,091             770             687
250.............................................          217.15       1,302,897           1,100           1,184
375.............................................          296.03       1,776,164           1,600          1,110 
----------------------------------------------------------------------------------------------------------------

    However, it is also possible to view the cost question in the 
context of the existing capitalization of an operation. The cost of a 
permit for a 90-foot (27.4 m) catcher boat may represent an additional 
50-100 percent of the existing capitalization of the operation. The 
amount a factory trawler would have to pay is likely to represent a far 
smaller percentage of the total amount that has been invested. In this 
regard, it may be easier for a factory trawler to increase its debt 
load to cover the cost of necessary permits. It should be noted, 
however, that factory trawlers were built primarily for the Alaska 
pollock fisheries, not the Pacific whiting fishery. Factory trawlers 
also have the ability to derive profit from processing fish, as well as 
catching them. This tends to give them a larger relative whiting income 
stream with which to repay the permit cost. On the other hand, those 
smaller catcher vessels with hold capacity also possess opportunities 
to offset permit costs with additional landings of other groundfish 
species during portions of the year when the whiting season is closed. 
Another consideration is that the vast majority of catcher boats that 
will be participating in this fishery in all likelihood initially 
qualified for limited entry permits and will not have to pay anything 
for the right to continue fishing.
    Although the cost of permits will fluctuate based on supply and 
demand, permit cost does not appear to be a reasonable basis for 
estimating harvest capacity in the groundfish fishery.
    Comment 6: One commenter provided an alternative analysis of the 
capacity differences between trawl vessels of different lengths, based 
on calculations of the area and volume of water capable of being swept 
by the trawl net per hour.
    Response: While there may be a strong correlation between area 
swept and the catch of vessels of given sizes, it is not clear what 
that functional relationship is between the two variables. Whatever 
this relationship, it is almost certainly characterized by diminishing 
catches per area swept at some point, just as the increase in highline 
production values per increment of vessel length diminished in the NMFS 
analysis. Knowing only the ratio of the areas swept per hour by vessels 
of different lengths without knowing the functional relationship 
between the two variables is not helpful in identifying catching 
capacity. For example, if the ratios reflect a linear increase in 
capacity over a 46-fold increase in area swept, then the capacity of a 
90-foot (27.4 m) and a 300-foot (91.4 m) vessel, relative to a 60-foot 
(18.3 m) vessel, would be 4.7:1 and 44.5:1, respectively, as noted in 
the comment. If, on the other hand, catch equals area swept to an 
exponential value, 0.75 for example, then the capacity ratios that 
result are 3.2:1 and 17.2:1, respectively, for the 90- and 300-foot 
(27.4 and 91.4 m) vessels; these values are not substantially different 
from those in the NMFS preferred approach. Without considerable 
additional quantitative analysis, there appears to be no basis for 
presuming that one of these assumptions is any better than the other.
    NMFS also evaluated the commenter's suggestion taking into account 
the target species in the fishery. NMFS agrees that the commenter's 
method might be appropriate when harvesting spawning Alaska pollock 
where the pollock are distributed in large dense aggregations that are 
as much as 50 to 100 meters thick. In that case, it might be 
appropriate to calculate the ratios on a volume-swept basis. Whiting 
stock assessment surveys have found that the typical dense schools of 
whiting in the summer are scattered in a relatively thin layer that may 
be only 5 to 10 meters thick. In this case it appears more appropriate 
to calculate the ratios for whiting on an area-swept (two dimensional) 
basis rather than on a volume-swept basis. This method also is 
independent of any limits induced by the market, processing capacity, 
or vessel hold capacity, all of which typically reduce vessel capacity 
by some unknown amount. Based on an analysis of the capacity ratios 
using an area-swept method, it appears that this rule offers reasonable 
certainty that the permit combining schedule does not allow the overall 
harvesting capacity of the groundfish trawl fleet to increase.
    Comment 7: One commenter complained that, in the proposed rule, 
NMFS did not adequately explain why it deviated from its initial 
proposal to flatten the 2.5 exponential curve at a vessel length of 90 
ft (27.4 m), and instead proposed to flatten the curve at a length of 
150 ft (45.7 m).
    Response: After evaluation of production values for the top 25 
percent of the Alaska Freezer longline fleet (vessels up to 150 ft 
(45.7 m) in length), NMFS concluded that the actual production 
potential for longline vessels in the Pacific groundfish fishery also 
could be fairly represented by the 2.5 exponential curve initially used 
to describe harvest capacity and production for vessels 90 ft (27.4 m) 
in length and below. Consequently, NMFS revised its initial proposal 
(Initial Alternative I) to extend the 2.5 exponential curve describing 
harvest capacity from 90 ft (27.4 m) to 150 ft (45.7 m) (NMFS preferred 
approach).
    Comment 8: Two commenters representing factory trawlers recommended 
that NMFS allow permits to be combined temporarily (leased) then broken 
again into individual permits at the end of the lease period.
    Response: Amendment 6 specifically did not provide for aggregating 
leased permits to provide for the temporary entry of larger vessels 
into the Pacific groundfish fishery. Any such consideration is beyond 
the scope of this regulatory amendment, and would require an amendment 
to the FMP. The commenter should make this proposal to the Council for 
its consideration.
    Comment 9: One commenter noted that the current regulations require 
that the size endorsement for a permit endorsed for trawl gear that is 
transferred to a smaller vessel be downgraded to the length overall of 
the smaller vessel. The commenter suggested that this regulation would 
prevent a larger trawl vessel from leasing his permit to a smaller 
vessel, thus restricting the number of people who might lease a trawl 
permit. He noted that leasing a 90-foot (27.4 m) trawl permit to a 60-
foot (18.3 m) vessel would result in a temporary reduction in harvest 
capacity, which would be consistent with the objectives of the limited 
entry program. He recommended revising the limited entry regulations to 
allow leasing of trawl permits to smaller vessels without having the 
permit permanently downsized.
    Response: NMFS agrees that leasing a trawl permit with a large size 
endorsement to a smaller trawl vessel would be consistent with the 
goals and objectives of the limited entry program. Amendment 6, 
however, specifically requires that, if a permit endorsed for trawl 
gear is registered to a trawl vessel more than 5 ft shorter than the 
size endorsed on the permit, the permit will be re-endorsed with the 
length overall of the smaller vessel. In a trip-limit fishery, for 
example, there may be greater profit from fishing with a smaller 
vessel. Taking advantage of this would require downsizing the permit. 
This is one of the means by which Amendment 6 intended to reduce 
harvest capacity in the groundfish fishery. This provision cannot be 
changed, except by further amending the FMP. The commenter should take 
his request to the Council for its consideration.
    Comment 10: Two commenters who supported NMFS Initial Alternative I 
argued that, if the NMFS preferred approach were adopted, the schedule 
for vessels above 200 ft (61.0 m) in length should be modified slightly 
to increase the number of permits required for vessels between 200 and 
250 ft (61.0 and 76.2 m) in length.
    Response: Production data that NMFS examined for the top 25 percent 
of the factory trawler fleet showed a modest increase in production as 
vessel length increased. NMFS believes that the modest increase in the 
number of permits required by the NMFS preferred approach for vessels 
between 200 and 400 ft (61.0 and 121.9 m) in length fairly represents 
harvest capacity as suggested by the production data available from the 
fishery.
    Comment 11: Two commenters noted that NMFS accepted either the 
documented length on the U.S. Coast Guard Documentation (CG-1270) or a 
marine survey as documentation of ``length overall'' to determine the 
appropriate size endorsement when initially issuing limited entry 
permits. They argued that NMFS should continue to accept either form of 
documentation when determining the ``length overall'' and the necessary 
size endorsement for a permit for a vessel that results from the 
combination of two or more smaller permits.
    Response: The limited entry plan and the regulations require the 
use of ``length overall'' for permit size endorsements. This was done 
so there would be a standard length measure that would be comparable 
across all vessels and vessel sizes. Length overall was adopted because 
it is routinely used and is explained in Coast Guard regulations. When 
the NMFS Northwest Region Fisheries Permit Office began receiving 
permit applications for initial issuance of limited entry permits, 
applicants were not required to submit a marine survey showing ``length 
overall.'' The first permits issued were endorsed with the length shown 
on the CG-1270. In most cases, the length shown on the CG-1270, if not 
the ``length overall,'' was a shorter length derived from the U.S. 
Coast Guard ``Standard'' system of measurement. In these cases, the use 
of the length on the CG-1270 as ``length overall'' was to the detriment 
of the permit recipient because permits could have been endorsed for 
the larger ``length overall'' measurement. Initial permit recipients 
were notified of this discrepancy and offered the opportunity to submit 
a marine survey or builder's certificate showing ``length overall'' of 
the qualifying vessel. Upon receipt of these documents, NMFS issued new 
permits with the size endorsement showing true ``length overall.''
    For transfers and permit combination (upgrades), use of the 
improper length measurement for the new vessel operates to the benefit 
of the individual applicant, but to the disadvantage of the limited 
entry program, by allowing increases in the overall fishing capacity 
through granting permits based on length measurements that are not 
comparable to the measure required by the regulations. NMFS will 
continue to require either a marine survey or builder's certificate to 
document actual ``length overall'' of any vessel receiving a new permit 
through permit combination.
    Comment 12: Three commenters favored the NMFS preferred approach. 
Two commenters noted that adoption of the NMFS preferred option would 
be less disruptive to the fishery for factory trawlers, since some had 
purchased permits using this option as a guideline, and because there 
would be little time between the issuance of this rule and the start of 
the whiting season, April 15, within which to obtain additional permits 
if NMFS issued a more restrictive schedule. One commenter favoring the 
NMFS preferred approach was concerned that, under a more restrictive 
alternative, more vessels would sell their permits and enter another 
fishery such as the shrimp fishery, resulting in over-capitalization of 
that fishery.
    Response: Comments are noted. The NMFS preferred approach is being 
promulgated.
    Comment 13: Fourteen commenters believed that implementation of the 
NMFS preferred approach would result in more factory trawlers 
purchasing permits and entering the whiting fishery than if the 
Council's recommendation, Initial Alternative II, were implemented. 
These commenters believed that more factory trawlers entering the 
whiting fishery would deprive coastal catcher boats of potential 
whiting markets with at-sea processors. As a result, many coastal 
catcher vessels would be forced to fish for traditional (non-whiting) 
groundfish species, adding additional capacity into an already 
overcapitalized fishery.
    Response: NMFS has no information to indicate how many factory 
trawlers would purchase and combine permits in order to participate in 
the Pacific whiting fishery under any of the three alternatives. Some 
factory trawlers are likely to participate under any of the 
alternatives. It appears likely that the number of factory trawlers 
purchasing permits and participating in the whiting fishery will be 
considerably less than the number that have participated in the fishery 
under open access during the past 3 years. The availability of whiting 
markets for coastal catcher vessels will depend, to some degree, on the 
number of at-sea processors that offer markets and on the level of 
operation of shoreside processing plants in 1994. As a result of 
limited entry and the regulations that allocate the Pacific whiting 
harvest between the at-sea and shoreside sectors of the industry, 
whiting markets should support a larger number of catcher vessels in 
1994 than at any time during the past 3 years. Whether fishing effort 
will increase for traditional non-whiting groundfish species is 
uncertain. It should be noted that much of the capacity represented by 
permits being purchased by factory trawlers for use in the whiting 
fishery, if not utilized for that purpose, is available for transfer 
and use to fish for other groundfish species. Any increase in harvest 
capacity in the whiting fishery is counterbalanced by decreasing 
capacity available to harvest other groundfish species. NMFS has no 
data to indicate whether the potential capacity that leaves the other 
groundfish sector will be any greater or less than the capacity that 
leaves the whiting fishery due to lack of markets.
    Comment 14: Twenty-two commenters stated that NMFS, as a matter of 
policy, should defer to the expertise and judgment of the Council and 
implement Initial Alternative II.
    Response: During the development and adoption of Amendment 6 
(limited entry) to the Pacific Groundfish FMP, the Council decided to 
leave the task of developing a measure of harvest capacity and method 
for combining limited entry permits to NMFS, based on the standard set 
out in the FMP. NMFS was to develop and implement the system for 
combining permits in consultation with the Council and with the advice 
of a marine architect. None of the development documentation or 
analysis was undertaken by the Council. While the Council has made a 
recommendation to NMFS for a different method from that proposed by 
NMFS, it has not presented an analysis or administrative record 
supporting the recommendation. Although NMFS gives great weight to 
Council recommendations, they must be supported by an administrative 
record demonstrating they are based on the best available scientific 
information and are consistent with the Magnuson Act and other 
applicable Federal law.
    Comment 15: Several commenters stated that the NMFS preferred 
approach ignores the goals and objectives of the Pacific groundfish 
FMP. These commenters believed only Initial Alternative II is 
consistent with the Council's goals.
    Response: Amendment 6 to the FMP very narrowly defined the 
objectives for NMFS in developing a permit combination system. 
Regulations at 50 CFR 663.33(g) require the Regional Director, with 
advice of marine architects and other qualified individuals, and after 
consultation with the Council, to develop and implement a standardized 
measure of harvest capacity for the purpose of determining the 
appropriate endorsed lengths for limited entry permits created by 
combining two or more permits with smaller size endorsements. Amendment 
6 bases the system for combining limited entry permits in the Pacific 
Coast groundfish limited entry fishery on the overall length of the 
fishing vessel. The standard set by Amendment 6 requires that the 
harvest capacity represented by the appropriate length endorsement for 
the combined permit not exceed the sum of the harvest capacities of the 
permits being combined. As provided by Amendment 6, the standard 
applies regardless of the target species being fished or the size of 
the vessels involved, and is equally applicable to trawl, longline, and 
fish trap (pot) vessels.
    Amendment 6 did not authorize NMFS to modify parameters of the 
system to meet goals and objectives other than ensuring that the 
harvest capacity of a combined permit does not exceed the sum of the 
harvest capacities of the permits being combined.
    Comment 16: Several commenters stated that NMFS has ignored the 
recommendations of the marine architect who provided professional 
advice to the Council's Groundfish Advisory Panel.
    Response: The report of the Groundfish Advisory Subpanel provided 
at the Council's April 1993 meeting indicated that a marine architect, 
David Green, President of Jensen Maritime, advised the subpanel that 
any of the formulas initially proposed by NMFS will reduce fleet size 
over time, and that length cubed potentially reduced fleet size the 
most. All of these formulas included flattening the curve for vessels 
above about 120 ft (36.6 m) in length. Mr. Green stated that the length 
cubed function matches vessel fishing power relatively well, but the 
choice is primarily one of economics and social considerations. 
Although each formula will permanently reduce fleet size, Mr. Green 
believed none would prevent increased fishing capacity in the form of 
deeper, ``beamier'' vessels to be built in the future. The Council's 
Groundfish Advisory Subpanel recommended the 2.5 exponential factor, 
stating that it better matches the west coast fleet, and recommended 
that the curve be flattened at about 150 ft (45.7 m) in vessel length 
instead of the 120 feet shown in the formulas.
    A letter from Mr. Green elaborated on his prior comments. Although 
Mr. Green states that exponents of 2.5 or less favor a fishery with 
increasing catch capability, he also comments that there is a 
reasonable correlation between hold capacity and length either to the 
2.5 or 3.0 exponent, and that this correlation holds up reasonably well 
to about 150 ft (45.7 m) in length. These remarks tend to confirm that 
a 2.5 exponent is at least very close to the optimal value to prevent 
any increase in capacity and that the exponential relationship breaks 
down for vessels larger than 150 ft (45.7 m).
    Mr. Green's only comments on the formula proposed for large vessels 
is that the flattened section favors the processor type vessel as a 
substitute for smaller catchers and would accelerate transition from 
today's fleet of individual owners to the corporate fleets of 
processors. His comments regarding fleet structure may be accurate if 
the standard for comparison is the structure of the fleet during the 
1984-88 qualifying period for limited entry permits. They may not be as 
accurate, at least initially, if the standard of comparison is the 
1991-93 fleet, which included as many as 20 large factory trawlers, and 
fewer than that number purchase permits to enter the fishery.
    The make-up of the fishery, however, is not a relevant 
consideration in the formulation of these regulations. The relevant 
issue is a reasonable estimate of harvesting capacity. If the purpose 
of the limited entry program was to freeze the structure of the fleet 
as it was in 1984-87, the Council would not have provided for the entry 
of new and larger vessels. The FMP recognized the need to provide 
flexibility for the fleet to change.
    Finally, Mr. Green seems to use the concepts of hold capacity and 
catching capacity interchangeably. While the ability to catch fish is 
undoubtedly tied to hold size (or under-deck volume), the relationship 
between these variables is not necessarily one to one, and the 
relationship may be different in different fisheries. NMFS' initial 
uncertainty regarding this relationship prompted examination of actual 
highliner production records and eventually led to modification of 
NMFS' initial proposal.
    Comment 17: Several commenters representing the operators of 
factory trawlers favored the NMFS initial proposal (Initial Alternative 
I) because it was based on data from the highest producers and, of the 
three alternatives, best reflected actual historical production by 
factory trawlers. They argued that factors such as product quality and 
problems with flesh deterioration limited the ability of factory 
trawlers to increase production.
    Response: In the NMFS Initial Alternative I proposal, the non-
increasing (flat) part of the formula for vessels larger than 200 ft 
(61.0 m) exaggerated the fact that not very much increase was observed 
in this range. Actual production figures do indicate a modest increase 
in historical production as vessel size increases. In addition, the 
original analysis focused on assessing the conservatism of the formula 
by comparing a 60-foot (18.3 m) vessel's catch capacity with that of 
factory trawlers. Drawing on the example in the response to comment 2, 
under Initial Alternative I, a 300-foot (91.4 m) factory trawler would 
need ten 60-foot (18.3 m) permits or 3.6 90-foot (27.4 m) permits. The 
ten 60-foot (18.3 m) permits represent a whiting capacity of about 
4,700 mt per week, a reasonable amount of conservatism compared to a 
factory trawler's historical production of about 2,000 mt per week. 
However, the 3.6 90-foot (27.4 m) permits would represent a minimum of 
2,200 mt per week, which is not only below some of the peak weeks 
observed for factory trawlers, but also provides no protection for the 
possibility of factory trawlers improving their production in the 
future. Since NMFS cannot rule out the possibility that factory 
trawlers will increase production in the future through effective 
scouting or other operational changes, a reasonable amount of 
conservatism is justified. NMFS believes that conservatism is supplied 
by the schedule promulgated by this rule (NMFS preferred approach).

Changes From the Proposed Rule

    The proposed rule did not indicate how NMFS would determine the 
number of rating points for vessels for which the length overall is in 
fractions of feet (e.g., 70.39 ft (21.4 m) length overall). NMFS will 
calculate the number of rating points for fractions of a foot by 
multiplying the fraction by the difference in the rating points 
assigned to the lengths (in whole feet) immediately above and below the 
length overall measurement of the vessel, and adding the resulting 
number of rating points to the number of rating points for the nearest 
integer below the length overall measurement. For example, the total 
number of capacity rating points for a vessel with a length overall of 
70.39 ft (21.4 m) would be 22.92 (the capacity rating for a 70-foot 
vessel) plus 0.39  x  the difference between 23.74 (71 ft; 21.6 m) and 
22.92 (70 ft; 21.3 m), or 0.39 Sec. 0.82=0.32. Thus, the total number 
of rating points for a vessel with length overall of 70.39 ft (21.4 m) 
is 22.92+0.32=23.24.
    Minor editorial changes are made to Sec. 663.33(g) for clarity.

Classification

    This final rule has been determined to be ``significant'' for 
purposes of E.O. 12866.
    This final rule is published under the authority of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act), 16 U.S.C. 1801 
et seq. The Assistant Administrator for Fisheries, NOAA (Assistant 
Administrator), has determined that it is necessary for management of 
the Pacific Coast groundfish fishery and that it is consistent with the 
Magnuson Act and other applicable law.
    At the proposed rule stage, NMFS certified to the Small Business 
Administration that the NMFS preferred approach or Initial Alternative 
I or II, if adopted, could have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq. Although the cost to a vessel owner of 
purchasing additional permits to combine for use on a larger vessel 
would be offset by the greater fishing effectiveness and larger profit 
potential represented by the larger vessel, vessel owners may be 
adversely affected by not being able to obtain the appropriate 
combination of permits or by having increased permit costs due to the 
possible absence of permits for sale endorsed with the appropriate 
vessel lengths. As a result, an initial regulatory flexibility analysis 
was prepared. After the close of the public comment period, a final 
regulatory flexibility analysis (FRFA) was prepared. Based on 
information contained in the FRFA, NMFS concluded that this action will 
have a significant economic impact on a substantial number of 
fishermen.
    The Assistant Administrator finds good cause under section 
553(d)(3) of the Administrative Procedure Act to make this rule 
effective upon filing at the Office of the Federal Register. If this 
rule is not effective by April 15, 1994, some fishing vessels will have 
to cease fishing until such time as the rule is effective, because the 
regulation that requires each vessel to have a limited entry permit 
with a size endorsement no more than 5 ft (1.5 m) shorter than the 
vessel's length overall will take effect. Immediate effectiveness is 
necessary to prevent a hiatus in the fishery for some vessels. 
Therefore, delaying the effective date of this rule is contrary to the 
public interest.

List of Subjects in 50 CFR Part 663

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 8, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 663 is amended 
as follows:

PART 663--PACIFIC COAST GROUNDFISH FISHERY

    1. The authority citation for part 663 continues to read as 
follows:

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

    2. Section 663.33(g) is revised to read as follows:


Sec. 663.33  Limited entry fishery--General.

* * * * *
    (g) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement. The vessel harvest capacity rating for each of the permits 
being combined is that indicated in Table 1 of this paragraph for the 
length overall (in feet) endorsed on the respective limited entry 
permit. Harvest capacity ratings for fractions of a foot in vessel 
length will be determined by multiplying the fraction of a foot in 
vessel length by the difference in the two ratings assigned to the 
nearest integers of vessel length. The length rating for the combined 
permit is that indicated for the sum of the vessel harvest capacity 
ratings for each permit being combined. If that sum falls between the 
sums for two adjacent lengths on Table 1, the length rating shall be 
the higher length.

     Table 1 of Sec. 663.33(g): Harvest Capacity Ratings for 1-Foot     
                  Increments of Vessel Length Overall                   
------------------------------------------------------------------------
                                                               Capacity 
                        Vessel length                           rating  
------------------------------------------------------------------------
20...............................................        1.00
21..........................................................        1.13
22..........................................................        1.27
23..........................................................        1.42
24..........................................................        1.58
25..........................................................        1.75
26..........................................................        1.93
27..........................................................        2.12
28..........................................................        2.32
29..........................................................        2.53
30..........................................................        2.76
31..........................................................        2.99
32..........................................................        3.24
33..........................................................        3.50
34..........................................................        3.77
35..........................................................        4.05
36..........................................................        4.35
37..........................................................        4.66
38..........................................................        4.98
39..........................................................        5.31
40..........................................................        5.66
41..........................................................        6.02
42..........................................................        6.39
43..........................................................        6.78
44..........................................................        7.18
45..........................................................        7.59
46..........................................................        8.02
47..........................................................        8.47
48..........................................................        8.92
49..........................................................        9.40
50..........................................................        9.88
51..........................................................       10.38
52..........................................................       10.90
53..........................................................       11.43
54..........................................................       11.98
55..........................................................       12.54
56..........................................................       13.12
57..........................................................       13.71
58..........................................................       14.32
59..........................................................       14.95
60..........................................................       15.59
61..........................................................       16.25
62..........................................................       16.92
63..........................................................       17.61
64..........................................................       18.32
65..........................................................       19.04
66..........................................................       19.78
67..........................................................       20.54
68..........................................................       21.32
69..........................................................       22.11
70..........................................................       22.92
71..........................................................       23.74
72..........................................................       24.59
73..........................................................       25.45
74..........................................................       26.33
75..........................................................       27.23
76..........................................................       28.15
77..........................................................       29.08
78..........................................................       30.04
79..........................................................       31.01
80..........................................................       32.00
81..........................................................       33.01
82..........................................................       34.04
83..........................................................       35.08
84..........................................................       36.15
85..........................................................       37.24
86..........................................................       38.34
87..........................................................       39.47
88..........................................................       40.61
89..........................................................       41.77
90..........................................................       42.96
91..........................................................       44.16
92..........................................................       45.38
93..........................................................       46.63
94..........................................................       47.89
95..........................................................       49.17
96..........................................................       50.48
97..........................................................       51.80
98..........................................................       53.15
99..........................................................       54.51
100.........................................................       55.90
101.........................................................       57.31
102.........................................................       58.74
103.........................................................       60.19
104.........................................................       61.66
105.........................................................       63.15
106.........................................................       64.67
107.........................................................       66.20
108.........................................................       67.76
109.........................................................       69.34
110.........................................................       70.94
111.........................................................       72.57
112.........................................................       74.21
113.........................................................       75.88
114.........................................................       77.57
115.........................................................       79.28
116.........................................................       81.02
117.........................................................       82.77
118.........................................................       84.55
119.........................................................       86.36
120.........................................................       88.18
121.........................................................       90.03
122.........................................................       91.90
123.........................................................       93.80
124.........................................................       95.72
125.........................................................       97.66
126.........................................................       99.62
127.........................................................      101.61
128.........................................................      103.62
129.........................................................      105.66
130.........................................................      107.72
131.........................................................      109.80
132.........................................................      111.91
133.........................................................      114.04
134.........................................................      116.20
135.........................................................      118.38
136.........................................................      120.58
137.........................................................      122.81
138.........................................................      125.06
139.........................................................      127.34
140.........................................................      129.64
141.........................................................      131.97
142.........................................................      134.32
143.........................................................      136.70
144.........................................................      139.10
145.........................................................      141.53
146.........................................................      143.98
147.........................................................      146.46
148.........................................................      148.96
149.........................................................      151.49
150.........................................................      154.05
151.........................................................      154.68
152.........................................................      155.31
153.........................................................      155.94
154.........................................................      156.57
155.........................................................      157.20
156.........................................................      157.83
157.........................................................      158.46
158.........................................................      159.10
159.........................................................      159.73
160.........................................................      160.36
161.........................................................      160.99
162.........................................................      161.62
163.........................................................      162.25
164.........................................................      162.88
165.........................................................      163.51
166.........................................................      164.14
167.........................................................      164.77
168.........................................................      165.41
169.........................................................      166.04
170.........................................................      166.67
171.........................................................      167.30
172.........................................................      167.93
173.........................................................      168.56
174.........................................................      169.19
175.........................................................      169.82
176.........................................................      170.45
177.........................................................      171.08
178.........................................................      171.72
179.........................................................      172.35
180.........................................................      172.98
181.........................................................      173.61
182.........................................................      174.24
183.........................................................      174.87
184.........................................................      175.50
185.........................................................      176.13
186.........................................................      176.76
187.........................................................      177.40
188.........................................................      178.03
189.........................................................      178.66
190.........................................................      179.29
191.........................................................      179.92
192.........................................................      180.55
193.........................................................      181.18
194.........................................................      181.81
195.........................................................      182.44
196.........................................................      183.07
197.........................................................      183.71
198.........................................................      184.34
199.........................................................      184.97
200.........................................................      185.60
201.........................................................      186.23
202.........................................................      186.86
203.........................................................      187.49
204.........................................................      188.12
205.........................................................      188.75
206.........................................................      189.38
207.........................................................      190.02
208.........................................................      190.65
209.........................................................      191.28
210.........................................................      191.91
211.........................................................      192.54
212.........................................................      193.17
213.........................................................      193.80
214.........................................................      194.43
215.........................................................      195.06
216.........................................................      195.69
217.........................................................      196.33
218.........................................................      196.96
219.........................................................      197.59
220.........................................................      198.22
221.........................................................      198.85
222.........................................................      199.48
223.........................................................      200.11
224.........................................................      200.74
225.........................................................      201.37
226.........................................................      202.01
227.........................................................      202.64
228.........................................................      203.27
229.........................................................      203.90
230.........................................................      204.53
231.........................................................      205.16
232.........................................................      205.79
233.........................................................      206.42
234.........................................................      207.05
235.........................................................      207.68
236.........................................................      208.32
237.........................................................      208.95
238.........................................................      209.58
239.........................................................      210.21
240.........................................................      210.84
241.........................................................      211.47
242.........................................................      212.10
243.........................................................      212.73
244.........................................................      213.36
245.........................................................      213.99
246.........................................................      214.63
247.........................................................      215.26
248.........................................................      215.89
249.........................................................      216.52
250.........................................................      217.15
251.........................................................      217.78
252.........................................................      218.41
253.........................................................      219.04
254.........................................................      219.67
255.........................................................      220.30
256.........................................................      220.94
257.........................................................      221.57
258.........................................................      222.20
259.........................................................      222.83
260.........................................................      223.46
261.........................................................      224.09
262.........................................................      224.72
263.........................................................      225.35
264.........................................................      225.98
265.........................................................      226.61
266.........................................................      227.25
267.........................................................      227.88
268.........................................................      228.51
269.........................................................      229.14
270.........................................................      229.77
271.........................................................      230.40
272.........................................................      231.03
273.........................................................      231.66
274.........................................................      232.29
275.........................................................      232.93
276.........................................................      233.56
277.........................................................      234.19
278.........................................................      234.82
279.........................................................      235.45
280.........................................................      236.08
281.........................................................      236.71
282.........................................................      237.34
283.........................................................      237.97
284.........................................................      238.60
285.........................................................      239.24
286.........................................................      239.87
287.........................................................      240.50
288.........................................................      241.13
289.........................................................      241.76
290.........................................................      242.39
291.........................................................      243.02
292.........................................................      243.65
293.........................................................      244.28
294.........................................................      244.91
295.........................................................      245.55
296.........................................................      246.18
297.........................................................      246.81
298.........................................................      247.44
299.........................................................      248.07
300.........................................................      248.70
301.........................................................      249.33
302.........................................................      249.96
303.........................................................      250.59
304.........................................................      251.22
305.........................................................      251.86
306.........................................................      252.49
307.........................................................      253.12
308.........................................................      253.75
309.........................................................      254.38
310.........................................................      255.01
311.........................................................      255.64
312.........................................................      256.27
313.........................................................      256.90
314.........................................................      257.54
315.........................................................      258.17
316.........................................................      258.80
317.........................................................      259.43
318.........................................................      260.06
319.........................................................      260.69
320.........................................................      261.32
321.........................................................      261.95
322.........................................................      262.58
323.........................................................      263.21
324.........................................................      263.85
325.........................................................      264.48
326.........................................................      265.11
327.........................................................      265.74
328.........................................................      266.37
329.........................................................      267.00
330.........................................................      267.63
331.........................................................      268.26
332.........................................................      268.89
333.........................................................      269.52
334.........................................................      270.16
335.........................................................      270.79
336.........................................................      271.42
337.........................................................      272.05
338.........................................................      272.68
339.........................................................      273.31
340.........................................................      273.94
341.........................................................      274.57
342.........................................................      275.20
343.........................................................      275.83
344.........................................................      276.47
345.........................................................      277.10
346.........................................................      277.73
347.........................................................      278.36
348.........................................................      278.99
349.........................................................      279.62
350.........................................................      280.25
351.........................................................      280.88
352.........................................................      281.51
353.........................................................      282.14
354.........................................................      282.78
355.........................................................      283.41
356.........................................................      284.04
357.........................................................      284.67
358.........................................................      285.30
359.........................................................      285.93
360.........................................................      286.56
361.........................................................      287.19
362.........................................................      287.82
363.........................................................      288.46
364.........................................................      289.09
365.........................................................      289.72
366.........................................................      290.35
367.........................................................      290.98
368.........................................................      291.61
369.........................................................      292.24
370.........................................................      292.87
371.........................................................      293.50
372.........................................................      294.13
373.........................................................      294.77
374.........................................................      295.40
375.........................................................      296.03
376.........................................................      296.66
377.........................................................      297.29
378.........................................................      297.92
379.........................................................      298.55
380.........................................................      299.18
381.........................................................      299.81
382.........................................................      300.44
383.........................................................      301.08
384.........................................................      301.71
385.........................................................      302.34
386.........................................................      302.97
387.........................................................      303.60
388.........................................................      304.23
389.........................................................      304.86
390.........................................................      305.49
391.........................................................      306.12
392.........................................................      306.75
393.........................................................      307.39
394.........................................................      308.02
395.........................................................      308.65
396.........................................................      309.28
397.........................................................      309.91
398.........................................................      310.54
399.........................................................      311.17
400..............................................      311.80
------------------------------------------------------------------------

* * * * *
[FR Doc. 94-8924 Filed 4-8-94; 4:44 pm]
BILLING CODE 3510-22-P