[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Proposed Rules]
[Pages 700-720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33402]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 961227373-6373-01; I.D. 122096B]
RIN 0648-XX78


Magnuson Act Provisions; Foreign Fishing; Fisheries off West 
Coast States and in the Western Pacific; Pacific Coast Groundfish 
Fishery; Annual Specifications and Management Measures

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

ACTION: 1997 groundfish fishery specifications and management measures; 
tribal whiting allocation; announcement of exempted fishing permits; 
request for comments.

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SUMMARY: NMFS announces the 1997 fishery specifications and management 
measures for groundfish taken in the U.S. exclusive economic zone (EEZ) 
and state waters off the coasts of Washington, Oregon, and California, 
as authorized by the Pacific Coast Groundfish Fishery Management Plan 
(FMP). The specifications include the level of the acceptable 
biological catch (ABC) and harvest guideline (HG), including the 
distribution between domestic and foreign fishing operations. The HGs 
are allocated between the limited entry and open access fisheries. The 
management measures for 1997 are designed to keep landings within the 
HGs, for those species for which there are HGs, and to achieve the 
goals and objectives of the FMP and its implementing regulations. The 
intended effect of these actions is to establish allowable harvest 
levels of Pacific Coast groundfish and to implement management measures 
designed to achieve but not exceed those harvest levels, while 
extending fishing and processing opportunities as long as possible 
during the year. This action also announces issuance of exempted 
fishing permits (EFPs) in 1996 and applications for exempted fishing 
permits in 1997.

DATES: Effective 0001 hours (local time) January 1, 1997, until the 
1998 annual specifications and management measures are effective, 
unless modified, superseded, or rescinded. The 1998 annual 
specifications and management measures will be published in the Federal 
Register. Comments on the 1997 annual specifications and management 
measures will be accepted until February 5, 1997.

ADDRESSES: Comments on these specifications and management measures, 
tribal whiting allocation, and EFPs should be sent to Mr. William 
Stelle, Jr., Administrator, Northwest Region, National Marine Fisheries 
Service, 7600 Sand Point Way N.E., BIN C15700, Bldg. 1, Seattle, WA 
98115-0070; or Ms. Hilda Diaz-Soltero, Administrator, Southwest Region, 
National Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, 
Long Beach, CA 90802-4213. Information relevant to these specifications 
and management measures, including the stock assessment and fishery 
evaluation (SAFE) report, has been compiled in aggregate form and is 
available for public review during business hours at the office of the 
Administrator (formerly Director), Northwest Region, NMFS (Regional 
Administrator), or may be obtained from the Pacific Fishery Management 
Council (Council), by writing the Council at 2130 SW Fifth Avenue, 
Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region, 
NMFS) 206-526-6140; or Rodney R. McInnis (Southwest Region, NMFS) 310-
980-4040.

SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications 
for groundfish be evaluated each calendar year, that HGs or quotas be 
specified for species or species groups in need of additional 
protection, and that management measures designed to achieve the HGs or 
quotas be published in the Federal Register and made effective by 
January 1, the beginning of the fishing year. This action announces and 
makes effective the final 1997 fishery specifications and the 
management measures designed to achieve them. These specifications and 
measures were considered by the Council at two meetings and were 
recommended to NMFS by the Council at its October 1996 meeting in San 
Francisco, CA. NMFS received three public comments regarding the 
allocation of Pacific whiting (whiting) to the Makah Indian tribe prior 
to the publication of these specifications. These comments are 
addressed in paragraph V. Regulatory citations have been changed 
throughout this document to conform with the nationwide consolidation 
of Pacific and Western Pacific fisheries regulations at 50 CFR part 600 
and part 660.

I. Final Specifications

    The fishery specifications include ABCs, the designation of HGs or 
quotas for species that need individual management, the apportionment 
of the HGs or quotas between domestic and foreign fisheries, and 
allocation between the open access and limited entry segments of the 
domestic fishery. As in the past, the specifications include fish 
caught in state ocean waters (0-3 nautical miles (nm) offshore) as well 
as fish caught in the EEZ (3-200 nm offshore). Only changes to the 
specifications between 1996 and 1997 are discussed herein, otherwise 
they are the same as announced in 1996 (61 FR 279, January 4, 1996).

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Changes to the ABCs and HGs

    The ABCs, which are based on the best available scientific 
information, represent the total catch, including amounts that are 
discarded as well as retained. Stock assessment information considered 
in determining the ABCs is available from the Council, and was made 
available to the public, before the Council's October 1996 meeting, in 
the Council's SAFE document (see ADDRESSES). The 1997 ABCs are changed 
from 1996 for Pacific whiting, the Sebastes complex, bocaccio, canary 
rockfish, and yellowtail rockfish. New ABCs were developed for 
``remaining rockfish'' and for a new category of ``other rockfish.'' 
Changes that result only from rounding are not explained.
    Those species or species groups managed with HGs in 1996 will 
continue to be managed with HGs in 1997. The 1997 HGs differ from 1996 
for Pacific whiting, shortspine thornyheads, the Sebastes complex, 
yellowtail rockfish, bocaccio, and canary rockfish.
    Stock assessments and inseason catch monitoring are designed to 
account for all fishing mortality, including that resulting from fish 
discarded at sea. Discards of rockfish and sablefish in the fishery for 
whiting are well monitored and are accounted for inseason as they 
occur. In the other fisheries, discards caused by trip limits have not 
been monitored consistently, so discard estimates have been developed 
to account for this extra catch. A discard level of about 16 percent of 
the total catch, previously measured for widow rockfish in a scientific 
study, is assumed to be appropriate for the commercial fisheries for 
widow rockfish, yellowtail rockfish, canary rockfish, and Pacific ocean 
perch (POP). A discard estimate of 8 percent is used for the deepwater 
thornyhead fishery, 5 percent for Dover sole, and 20 percent for 
sablefish.
    In some cases (e.g., sablefish, widow rockfish, thornyheads, Dover 
sole), an estimated amount of discards has been subtracted from the ABC 
to determine the HG for the landed catch. In other cases (e.g., 
whiting, Sebastes complex), a HG representing total catch is more 
appropriate. Discards in the whiting fishery have been well documented 
and, therefore, the HG for whiting represents total catch and discards 
are accounted for during the season. In 1996, the HG for the Sebastes 
complex included only landings to be consistent with most of the other 
groundfish HGs. However, using HGs based only on landed catch was too 
rigid because it did not provide for inseason adjustments, a particular 
problem when actual reports of discards during the season differed from 
the amount assumed at the beginning of the year. Therefore, for greater 
management flexibility during the season, HGs for the Sebastes complex 
and its components in 1997 will include the total catch, and estimates 
of discards will be added to the landings during the season.
    The 1997 changes to the ABCs and HGs are summarized below. More 
detailed information appears in the Council's SAFE document (September 
1996), the ``Groundfish Management Team Final Acceptable Biological 
Catch and Harvest Guideline Recommendations for 1997'' (GMT Report 
C.4.) from the October 1996 Council meeting, and the Council's 
newsletters for its August and October 1996 meetings.
Whiting
    A new stock assessment for whiting indicated that the 1994 year 
class was larger than previously expected. This, combined with 
substantive changes in the stock assessment model, resulted in an ABC 
of 290,000 mt for the U.S. and Canada combined, 25,000 mt higher than 
in 1996. Nonetheless, this ABC may be somewhat conservative. Another 
year of data is needed to verify whether the apparent high abundance of 
the 1994 year class is due to an actual increase in fish, rather than a 
shift in their distribution to more northern waters. Other factors 
considered in setting the ABC were promoting stability in landings by 
distributing the harvest of strong year classes over several years and 
the need to suppress the bycatch of yellowtail rockfish at a time when 
that fishery is facing a major reduction in its ABC. The U.S. HG 
(232,000 mt) is set at 80 percent of the U.S.-Canadian ABC, as in 
recent years. Allocation to the Makah treaty Indian tribe in 1997 is 
discussed in paragraph V.
Pacific Ocean Perch (POP)
    Since 1981, POP has been managed under a schedule intended to 
rebuild POP to a level that would annually support removals of 1,000 
mt. Landings were higher than this as recently as 1993. To achieve an 
annual harvest of about 1,000 mt while maintaining a biologically sound 
harvest rate, the current biomass would have to double. This would be a 
slow process unless there is a fortuitous sequence of large 
recruitments. The harvest guideline for POP is meant to accommodate 
only small, incidental catches and, therefore, is not a target to be 
achieved deliberately. Trip limits for POP will not be increased to 
achieve the harvest guideline, and may be reduced if landings are too 
high. The harvest guideline of 750 mt for POP is the same as last year.
Shortspine Thornyheads
    The ABC for shortspine thornyheads is the same as in 1996, but the 
HG is reduced from 1,500 mt to 1,380 mt to more accurately represent 
the landed catch.
Sebastes Complex
    The ABCs for the Sebastes complex are the sum of the ABCs of its 
components. The HGs (for total catch) are the sum of the HGs for each 
species or of the ABCs for those species without HGs. The 1997 HG for 
the Sebastes complex in the Vancouver/Columbia area is reduced from 
11,900 mt for landed catch in 1996 to 7,130 mt for total catch in 1997. 
The 1997 HG for the Sebastes complex in the Eureka/Monterey/Conception 
area is reduced from 13,200 mt for landed catch in 1996 to 9,664 mt for 
total catch in 1997. The large declines are due primarily to large 
reductions in the ABCs and HGs for bocaccio, yellowtail rockfish, and 
also to new ABC estimates for the ``remaining rockfish'' and ``other 
rockfish'' categories.
Bocaccio
    The 1997 ABC for bocaccio in the Eureka/Monterey/Conception area is 
265 mt, only 15 percent of the 1,700-mt ABC in 1996. (Landings were 
projected at 454 mt for 1996, so the reduction in ABC, while severe, is 
not as extreme as it appears.) The new stock assessment indicates it is 
unlikely that the current stock size is greater than 17-20 percent of 
the 1970 level but also suggests a high degree of uncertainty in 
current stock size. Recruitment is highly variable for bocaccio. 
Assuming that future recruitment will be similar to that in 1969-1996, 
the level of fishing mortality that would produce spawning biomass at 
35 percent of its unfished level (F35%) is 265 mt. The 1997 HG (for 
total catch) is 387 mt, 122 mt higher than ABC, and at, but not above, 
the overfishing threshold for bocaccio. The Council recommended that 
the bocaccio HG be set above ABC in 1997 to allow a 1-year phase-down 
to mitigate the economic impacts of a 60 percent reduction in catch in 
1 year (from 664 mt to 265 mt). The consequences of the phase-down are 
that the ABC and HG in 1998, and possibly subsequent years, most likely 
will be lower than they would have been if 1997 catches did not exceed 
ABC. The Council intends that the HG be set equal to ABC in 1998.
    Bocaccio also are particularly difficult to manage, because of the 
multiplicity of gear types involved, including trawl, set

[[Page 709]]

net and recreational fisheries. The 2-month cumulative trip limit in 
the limited entry fishery is substantially reduced from 60,000 lb 
(27,216 kg) in 1996 to 12,000 lb (5,443 kg) in 1997. Additional trip 
limits specific to bocaccio have been placed on the open access fishery 
in 1997. Bycatch of rockfish in the shrimp and prawn trawl fisheries is 
being addressed by reducing the groundfish trip limits to 500 lb (227 
kg) in 1997, one third of the 1996 shrimp trip limit and one half of 
the 1996 prawn trip limit.
Canary Rockfish
    The 1997 ABC for canary rockfish in the Vancouver/Columbia area is 
1,220 mt, slightly higher than the 1,000-mt ABC in 1996. A new 
assessment for canary rockfish used two models that estimate the 1995 
spawning biomass is 18-33 percent of the 1967 value. Both models 
predict yield and spawning biomass levels will decline during 1997-
1999. For both models combined, the average catch projection for the 
next 3 years is 1,220 mt when average recruitment is assumed. The HG 
for canary rockfish is increased from 850 mt for landed catch in 1996 
to 1,000 mt for total catch in 1997 to account for estimated discards.
Yellowtail Rockfish
    The 1997 ABC for yellowtail rockfish in the Vancouver/Columbia/
Eureka area is 1,773 mt, 4,667 mt lower than the 6,440-mt ABC in 1996. 
(The stock assessment determined ABCs for different areas. The 1997 ABC 
is prorated in Table 1 to apply north and south of the Columbia-Eureka 
boundary for consistency with other species in the Sebastes complex.) 
The results of the new assessment have caused a great deal of concern 
because they conflict with the impressions of many who fish for 
yellowtail rockfish. For the Eureka/south Columbia area (south of Cape 
Falcon (45 deg.46' N. lat.)), addition of 1995-96 stock assessment data 
resulted in substantial reductions in estimates of biomass and 
recruitment of the 1984 year class in 1988 (to 20 percent of its former 
level). For the north Columbia area (north of Cape Falcon), addition of 
the 1995-96 data also reduced estimates of biomass and recruitment. 
Major changes did not occur in the U.S. Vancouver area. Available 
fishery age-composition data indicate that fish older than 25 years 
have all but disappeared from the fishery. Additionally, there is no 
evidence of any strong incoming year classes. Only half the population 
is mature 3 or 4 years after recruiting to the fishery, so immature 
fish have a relatively high likelihood of being caught before they have 
had an opportunity to contribute to building future biomass. Given this 
new information, it appears that yellowtail rockfish may have been 
fished for the last several years above the overfishing threshold.
    The recommended 1997 HG of 2,762 mt for yellowtail rockfish in the 
Vancouver/Columbia area represents total catch, whereas the 3,590-mt HG 
in 1996 was for landed catch (equivalent to 4,160 mt for total catch). 
The Council recommended that the 1997 HG be set at, but not above, the 
overfishing threshold. Fishing is allowed at, but not above, the 
overfishing threshold of 2,762 mt in 1997 in order to mitigate the 
sudden and severe economic impact to the fishing industry that would 
occur if the HG were reduced from the 1996 ABC of 6,440 mt to the 1997 
ABC of 1,773 mt in a single year. The Council recognized, however, the 
need to adjust catches to the ABC level as soon as possible, and 
consequently, announced its intent that this phase-down in harvest last 
only a single year and that it intended to recommend a 1998 HG 
equivalent to the 1998 ABC. Fishing at the overfishing threshold for 
1997 is expected to result in a lower ABC and HG in 1998 than if the 
1997 harvest did not exceed ABC, but the fishing industry will have had 
a full year to adjust to reduced harvest levels.
    The Council carefully considered the possible impacts of continuing 
to harvest at a level greater than ABC for 1 more year in contrast to 
making the full adjustment to the ABC level in a single year. The 
Council concluded, based on risk analysis conducted by the stock 
assessment scientists, that the 1-year phase-down will cause only a 
small further decline in the stock level while it buffers the economic 
impact of the harvest reductions. Lower stock levels means the 
likelihood of continued lower ABCs and HGs for the next few years until 
the stock recovers sufficiently to allow higher harvests. The Council 
also recommended the phase-down to allow sufficient time for further 
analysis of some of the components of the stock assessment in order to 
refine estimates of the ABC for 1998. Considerable public testimony 
pointed to some indicators, such as yellowtail bycatch rates in the 
whiting and shrimp trawl fisheries, that were contradictory to the 
stock assessment results. A work plan was developed to examine some of 
these indicators and redo the stock assessment during the upcoming year 
so that the results could be used to set the 1998 ABC.
    Yellowtail rockfish is particularly difficult to manage because it 
is encountered as bycatch in other fisheries. A substantial portion of 
the yellowtail harvest guideline is taken as bycatch in the whiting and 
shrimp fisheries. Catch data from the whiting fishery have been 
examined, and regulatory changes to reduce bycatch are not obvious. The 
whiting ABC may be somewhat conservative in 1997, in part to suppress 
the bycatch of yellowtail rockfish. The at-sea processing sector of the 
whiting fishery has agreed to monitor its bycatch more closely, using 
daily satellite transmissions to alert them to areas of high bycatch of 
yellowtail rockfish, as was done to monitor salmon bycatch in 1996. 
Bycatch of rockfish in the shrimp and prawn trawl fisheries is being 
addressed by reducing the groundfish trip limits to 500 lb (227 kg) in 
1997, one third of the 1996 shrimp trip limit and one half of the 1996 
prawn trip limit. The target fishery for yellowtail rockfish is 
addressed by reducing the trip limit, from 6,000 lb (2,722 kg) per 
month north of Cape Lookout OR (45 deg.20'15'' N. lat.) and 35,000 lb 
per month between Cape Lookout and Cape Mendocino CA (40 deg.30' N. 
lat.) to 6,000 lb (2,722 kg) per 2-month period in both areas.
Remaining Rockfish
    New assessments were provided for a number of previously unassessed 
rockfish species (listed in table 1). ``Remaining rockfish'' includes 
canary, POP, and yellowtail rockfish in the Eureka/Monterey/Conception 
area, and bocaccio in the Vancouver/Columbia area--areas not included 
in the individual HGs for these species. The ABCs were based on either 
the ABC from the assessment or recent catch, whichever is less.
Other Rockfish
    Assessments were not conducted for a number of other rockfish 
species (``other rockfish''). The combined ABC for these species is set 
at the recent landed catch.

Setting HGs Greater Than ABC

    In most cases, HGs are less than or equal to the ABCs. However, the 
Council recommended HGs that exceed the ABCs for POP and shortspine 
thornyheads (as in 1996), yellowtail rockfish, and bocaccio. The FMP 
requires that the Council consider certain factors when setting a HG 
above an ABC. These factors were analyzed by the Council's Groundfish 
Management Team (GMT) and considered at the Council's October 1996 
meeting before the Council recommended the 1997 HGs. These factors also 
were considered when establishing the 20-year rebuilding schedule for 
POP in the 1981

[[Page 710]]

FMP, in the most recent stock assessments for POP (in the September 
1995 SAFE document) and shortspine thornyheads (in the October 1994 
SAFE document), and in the GMT's recommendations for 1996 (GMT Report 
C.1., October 1995) and for 1997 (GMT Report C.4., October 1996).

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 
maximum sustainable yield (MSY)). The rate is defined in terms of the 
percentage of the stock removed per year. Therefore, high catch rates 
can cause overfishing at any stock abundance level. Conversely, 
overfishing does not necessarily occur for stocks at low abundance 
levels if the catch can be kept to a sufficiently small fraction of 
that stock level. The target rate for exploitation of Pacific Coast 
groundfish typically is the rate that would reduce spawning biomass per 
recruit to 35 percent of its unfished level. This desired rate of 
fishing will always be less than the overfishing rate, so there is a 
buffer between the management target and the level that could harm the 
stock's long-term potential productivity. If the overfishing threshold 
is reached, the Guidelines for Fishery Management Plans at 50 CFR part 
600 require the Council to identify actions to be undertaken to 
alleviate overfishing. As discussed above, efforts have been taken to 
avoid exceeding the overfishing thresholds for bocaccio and yellowtail 
rockfish in 1997 by reducing their HGs to the F20% level and by 
instituting more restrictive trip limit management in 1997, that will 
make it less likely that HGs will be reached before the end of the 
year. In addition, the Council has expressed its intent to reduce the 
HGs to the F35% level in 1998.

Foreign and Joint Venture Fisheries

    For those species needing individual management that will not be 
fully utilized by domestic processors or harvesters, and that can be 
caught without severely affecting species that are fully utilized by 
domestic processors or harvesters, foreign or joint venture operations 
may occur. A joint venture occurs when U.S. vessels deliver their catch 
to foreign processing vessels in the EEZ. A portion of the HGs or 
quotas for these species may be apportioned to domestic annual harvest 
(DAH), which in turn may be apportioned between domestic annual 
processing (DAP) and joint venture processing (JVP). The portion of a 
HG or quota not apportioned to DAH may be set aside as the total 
allowable level of foreign fishing (TALFF). In January 1997, no surplus 
groundfish are available for joint venture or foreign fishing 
operations. Consequently, all the HGs in 1997 are designated entirely 
for DAH and DAP (which are the same in this case); JVP and TALFF are 
set at zero.
    In the unlikely event that fish are reallocated inseason and a 
foreign or joint venture fishery should occur, the incidental catch 
levels would be as follows, subject to change during the year: For a 
whiting fishery, the same as announced at Table 2, footnote 1, of 58 FR 
2990 (January 7, 1993); for a jack mackerel joint venture, initially 
the same as those suggested in section 12.5.2 of the FMP.

II. The Limited Entry Program

    The FMP established a limited entry program that, on January 1, 
1994, divided the commercial groundfish fishery into two components: 
The limited entry fishery and the open access fishery, each of which 
has its own allocations and management measures. The limited entry and 
open access allocations are calculated according to a formula specified 
in the FMP, which takes into account the relative amounts of a species 
taken by each component of the fishery during the 1984-88 limited entry 
window period. At its October 1996 meeting, the Council recommended the 
species and areas subject to open access and limited entry allocations 
in 1997, and the Regional Administrator calculated the amounts of the 
allocations that are presented in Table 1. Unless otherwise specified, 
the limited entry and open access allocations are treated as HGs in 
1997.

Open Access Allocations

    The open access fishery is composed of vessels that operated under 
the HGs, quotas, and other management measures governing the open 
access fishery, using (1) exempt gear, or (2) longline or pot (trap) 
gear fished from vessels that do not have permits endorsed for use of 
that gear. Exempt gear means all types of legal groundfish fishing gear 
except groundfish trawl, longline, and pots. (Exempt gear includes 
trawls used to harvest pink shrimp or spot or ridgeback prawns (shrimp 
trawls), and, south of Point Arena, CA (38 deg.57'30'' N. lat.), 
California halibut or sea cucumbers.)
    The open access allocation is derived by applying the open access 
allocation percentage to the annual HG or quota after subtracting any 
set-asides for recreational or tribal fishing. For those species in 
which the open access share would have been less than 1 percent, no 
open access allocation is specified unless significant open access 
effort is expected.

Limited Entry Allocations

    The limited entry fishery means the fishery composed of vessels 
using limited entry gear fished pursuant to the HGs, quotas, and other 
management measures governing the limited entry fishery. Limited entry 
gear means longline, pot, or groundfish trawl gear used under the 
authority of a valid limited entry permit issued under the FMP, affixed 
with an endorsement for that gear. (Groundfish trawl gear excludes 
shrimp trawls used to harvest pink shrimp, spot prawns, or ridgeback 
prawns, and other trawls used to fish for California halibut or sea 
cucumbers south of Point Arena, CA.)
    The limited entry allocation is the allowable catch (HG or quota) 
reduced by: (1) Set-asides, if any, for treaty Indian fisheries or 
recreational fisheries; and (2) the open access allocation. In 1996, a 
new definition was added for ``commercial harvest guideline'', (the 
commercial harvest guidelines are set forth in Table 1). It is the HG 
minus the amount set aside for tribal or recreational fishing and, 
therefore, is the number that, when multiplied by the open access 
allocation percentages, provides the open access and limited entry 
allocations. Estimates of recreational harvest are subtracted for two 
species in 1997, 55 mt for bocaccio (which also is reflected in the 
allocations for the Sebastes complex in the Eureka, Monterey, and 
Conception subareas), and 900 mt for lingcod. Allocations for 
Washington coastal tribal fisheries are discussed in paragraph V.

III. 1997 Management Measures

    Projections of landings in 1996 are based on the information 
available to the Council at its October 1996 meeting (GMT Supplemental 
Report C.4., October 1996).

A. Limited Entry Fishery

    The following management measures apply to vessels operating in the 
limited entry fishery starting January 1, 1997, and are designed to 
keep landings within the HGs or limited entry allocations. Cumulative 
trip limits continue to be used for most of the limited entry fishery, 
which allows fishers to accumulate fish over a period of time without 
limit on the number of landings. Two-month cumulative limits

[[Page 711]]

will continue to be used for most of the limited entry fishery in 1997. 
As in 1996, no more than 60 percent of a 2-month limit may be taken in 
either calendar month, resulting in a variable monthly trip limit 
within the 2-month limit. This enables the limited entry fleet to 
maintain its current monthly fishing pattern, target on 50 percent of 
the 2-month cumulative limit in a month, and have the protection of a 
buffer equivalent to 10 percent of the 2-month cumulative limit to 
account for inaccuracies in weighing fish at sea or for small amounts 
caught above the target level. Unless otherwise announced later in the 
year, the 2-month periods are: January-February, March-April, May-June, 
July-August, September-October, and November-December. One-month 
periods may be used later in the year.
Platooning
    An optional platooning system is added for 1997, that enables the 
limited entry trawl fleet to provide a more consistent supply of fish 
to processors. Whereas the cumulative limits normally apply by calendar 
month (this would be considered the ``A'' platoon), a vessel in the 
``B'' platoon would choose to operate under limits out of phase by 2 
weeks, from the 16th to the 15th of the month. All limited entry trawl 
vessels will automatically be in the ``A'' platoon, unless the permit 
owner indicated in the annual permit renewal that the permitted vessel 
will participate in the ``B'' platoon. Vessels operating in the ``B'' 
platoon will not be able to land any species of groundfish from January 
1-15, 1997. The effective date of any inseason changes to the 
cumulative trip limits also will be delayed for 2 weeks for the ``B'' 
platoon so that a vessel's ``B'' limit will not be changed during its 
cumulative trip limit period. Special provisions will be made to 
accommodate ``B'' vessels at the end of the year so that the amount of 
fish made available to both ``A'' and ``B'' vessels is the same. A 
vessel in the ``B'' platoon will have the same cumulative trip limit 
for the final period as vessels in the ``A'' platoon, but the final 
period may be 2 weeks shorter, so that both the ``A'' and ``B'' fishing 
periods end on December 31, 1997. For example, if the last period is a 
2-month cumulative trip limit for November-December, the vessel would 
be able to take it in 6 weeks (November 16-December 31) without a 60-
percent monthly limit. The choice of platoon applies to the permit for 
the entire calendar year, even if the permit is sold, leased, or 
otherwise transferred. The platoon system is experimental and may not 
be continued in 1998 if the Council decides the benefit does not 
outweigh the administrative burden.
Widow Rockfish
    In 1996, the 2-month cumulative limit of 70,000 lb (31,752 kg) was 
in effect until September, at which time it was reduced to 50,000 lb 
(27,680 kg). In November, a monthly cumulative limit of 25,000 lb 
(11,340 kg) was applied until the end of the year. Landings were 
projected to be 6,275 mt in 1996, within 1 percent of the HG. In 1997, 
the year will start with the same cumulative limits as in 1996: 70,000 
lb (31,752 kg) per 2-month period.
The Sebastes Complex (Including Yellowtail Rockfish, Canary Rockfish, 
and Bocaccio)
    Beginning in January 1996, the 2-month cumulative trip limits for 
the Sebastes complex were: 70,000 lb (31,752 kg) north of Cape Lookout 
(45 deg.20'15'' N. lat.), 100,000 lb (45,359 kg) between Cape Lookout 
and Cape Mendocino (40 deg.30' N. lat.), and 200,000 lb (90,719 kg) 
south of Cape Mendocino. Two-month cumulative limits also applied to 
yellowtail rockfish, canary rockfish and bocaccio, which counted toward 
the limits for the Sebastes complex. Beginning in January 1996, these 
limits were: Yellowtail rockfish--32,000 lb (14,515 kg) north of Cape 
Lookout or 70,000 lb (31,752 kg) between Cape Lookout and Cape 
Mendocino; canary rockfish--18,000 lb (8,165 kg); bocaccio south of 
Cape Mendocino--60,000 lb (27,216 kg). These limits remained in effect 
until September 1996, at which time the 2-month cumulative limit for 
yellowtail was reduced to 20,000 lb (9,072 kg) north of Cape Lookout. 
In November, all the trip limits for the Sebastes complex north of Cape 
Mendocino were converted to 1-month cumulative limits to provide more 
management flexibility. The 1-month limits were set at half the 
poundage of the 2-month cumulative limits, except for yellowtail 
rockfish north of Cape Lookout, which was reduced to 6,000 lb (2,722 
kg).
    By the end of 1996, landings are projected to be as follows: 
Sebastes complex in the Vancouver/Columbia area--8,583 mt (19 percent 
below the HG); yellowtail rockfish north of Cape Lookout--3,144 mt (5 
percent over the HG), but this projection was made before the 
cumulative limit was reduced in November 1996; yellowtail rockfish 
south of Cape Lookout--1,621 mt (33 percent below the HG); canary 
rockfish--868 mt (2 percent below the HG); and bocaccio--654 mt, 
including estimated recreational catch (56 percent below the HG).
    In January 1997, the 2-month cumulative trip limits for the 
Sebastes complex are 30,000 lb (13,608 kg) north of Cape Mendocino and 
150,000 lb (68,039 kg) south of Cape Mendocino. Within these limits, no 
more than 14,000 lb (6,350 kg) may be canary rockfish; 6,000 lb (2,722 
kg) may be yellowtail rockfish north of Cape Mendocino; and 12,000 lb 
(5,443 kg) may be bocaccio south of Cape Mendocino. The yellowtail and 
bocaccio cumulative trip limits are substantially reduced because of 
severe reductions in their HGs. As discussed above, both yellowtail and 
bocaccio will be fished at their overfishing threshold in 1997, as a 1-
year step down to fishing at F35%. Both species are particularly 
difficult to manage because of the multiplicity of gear types involved. 
A substantial portion of the yellowtail HG is taken as bycatch in the 
whiting and shrimp fisheries. Catch data from the whiting fishery have 
been examined, and regulatory changes to reduce bycatch are not 
obvious. The whiting ABC may be somewhat conservative in 1997, in part 
to suppress the bycatch of yellowtail rockfish. The at-sea processing 
sector of the whiting fishery has agreed to monitor its bycatch more 
closely, using daily satellite transmissions to alert them to areas of 
high bycatch, as was done to monitor salmon bycatch in 1996. Bycatch of 
rockfish in the shrimp and prawn trawl fisheries is being addressed by 
reducing the groundfish trip limits from 1,500 lb (680 kg) and 1,000 lb 
(454 kg), respectively, to 500 lb (227 kg) of groundfish in 1997. 
Management of bocaccio is further complicated by a significant 
recreational harvest; bag limit reductions may be necessary in the 
future.
    The declaration procedures, instituted by the States of Oregon and 
Washington for vessels operating on both sides of Cape Lookout, are no 
longer in effect because the cumulative limits no longer differ north 
and south of Cape Lookout.
POP
    In 1996, the 2-month cumulative trip limit for POP of 10,000 lb 
(4,536 kg) continued until July 1, when it was reduced to 8,000 lb 
(3,629 kg). Landings were projected to be 771 mt in 1996, 4 percent 
above the HG. With the 1997 HG the same as in 1996, the 2-month 
cumulative limit will be set again at 8,000 lb (3,629 kg) beginning in 
January 1997. POP is managed to achieve a rebuilding schedule, so trip 
limits will not be increased to achieve the HG.

[[Page 712]]

Sablefish
    The sablefish HG is subdivided among several fisheries. The tribal 
fishery allocation is set aside prior to dividing the balance of the HG 
between the commercial limited entry and open access fisheries. These 
three fisheries are managed differently. The limited entry allocation 
is further subdivided into trawl (58 percent) and nontrawl (42 percent) 
allocations. Trawl-caught sablefish are managed together with Dover 
sole and thornyheads as the DTS complex because they often are caught 
together. A projection for landings of nontrawl sablefish is not yet 
available because data from the October mop-up fishery have not been 
confirmed.
DTS Complex (Dover Sole, Thornyheads, and Trawl-Caught Sablefish)
    In 1996, the 2-month cumulative trip limits for the DTS complex 
remained in effect throughout the year, as follows: 70,000 lb (31,752 
kg) north of Cape Mendocino and 100,000 lb (45,359 kg) south of Cape 
Mendocino. Within the cumulative limits for the DTS complex there were 
limits for Dover sole, thornyheads, and trawl-caught sablefish. The 
cumulative limits for thornyheads (20,000 lb (9,072 kg), of which no 
more than 4,000 lb (1,814 kg) could be shortspine thornyheads) and for 
trawl-caught sablefish (12,000 lb (5,443 kg)) remained in effect the 
entire year, as did the 500-lb (227-kg) ``per trip'' limit on sablefish 
smaller than 22 inches (56 cm) total length. Initially, the limit on 
Dover sole was the amount of the DTS cumulative limit remaining after 
subtracting sablefish and thornyheads. In July, this was changed north 
of Cape Mendocino to a specific trip limit of 38,000 lb (17,236 kg) to 
protect Dover sole in the Columbia area. Landings of sablefish (trawl-
caught), Dover sole (coastwide and in the Columbia area), and 
shortspine thornyheads are expected to be within 10 percent of their 
respective HGs in 1996. Landings of longspine thornyheads are projected 
to be 33 percent below the HG in 1996. In 1997, the trip limits will 
continue at the same levels that have been in effect since July 1996.
Nontrawl Sablefish
    Small daily trip limits were applied to the nontrawl fishery again 
in 1996 before and after the September 1-5, 1996 ``regular'' and 
October 1-14, 1996 ``mop-up'' seasons. A 300-lb (136-kg) daily trip 
limit was applied only north of the Conception subarea (36 deg.00' N. 
lat.), the same area covered by the HG. In the Conception area, where 
there is no HG and landings had been below the 425-mt ABC in 1996, the 
daily trip limit was set at 350 lb (159 kg) to accommodate most 
landings without encouraging excessive effort shifts into that area. 
The trip limit for sablefish smaller than 22 inches (56 cm) of 1,500 lb 
(680 kg) or 3 percent of all legal sablefish on board, whichever is 
greater, remained in effect during the regular and mop-up seasons.
    In 1996, as in 1995, the regular (derby) season was preceded by a 
72-hour closure for all limited entry and open access fixed gear used 
to take and retain groundfish, with one exception. Pot gear could be 
set 24 hours before the regular season because this gear takes longer 
to deploy.
    In 1997, the same daily trip limits for the limited entry fishery 
will apply outside the regular and mop-up seasons and any closure. The 
``per trip'' limit for nontrawl sablefish smaller than 22 inches (56 
cm) will remain in effect during the regular and mop-up fisheries. The 
Council recommended a number of management changes for 1997 that have 
not yet been approved by NMFS. These recommendations are summarized in 
paragraph IV.E.(3)(c). The Council also is considering different 
management strategies for 1998 and beyond, but has not yet submitted a 
recommendation to NMFS.
Whiting
    Approximately 212,900 mt of whiting was harvested in 1996, 85,125 
mt by the shore-based fleet, 112,776 mt by the at-sea processing sector 
(which includes deliveries to motherships), and about 15,000 mt by the 
Makah tribal fishery. The 10,000-lb (4,536-kg) trip limit for whiting 
taken before and after the regular whiting season and inside the 100-
fathom (183-m) contour in the Eureka subarea (40 deg.30'-43 deg.00' N. 
lat.) continues in effect in 1997. Additional regulations, including 
the allocation of whiting among non-tribal sectors, are found at 50 CFR 
660.323(a)(4). The Council has recommended a number of changes that are 
summarized in paragraph IV.F. These changes have not yet been approved 
by NMFS.
Lingcod
    The 2-month cumulative trip limit for lingcod is the same in 1997 
as throughout 1996, 40,000 lb (18,144 kg) per 2-month period. As in 
1996, lingcod smaller than 22 inches (56 cm) may not be landed in the 
commercial or recreational fisheries except for 100-lb (45-kg) per trip 
for trawl-caught lingcod. Landings of lingcod are projected at 2,708 mt 
in 1996, including estimated recreational catch, 8 percent below the 
HG.
Black Rockfish
    Black rockfish off the State of Washington continue to be managed 
under the regulations at 50 CFR 660.323(a)(1) for non-tribal fisheries. 
The State of Oregon implements trip limits for black rockfish off the 
Oregon coast.

B. Open Access Fishery

    The trip limits for the open access fishery are designed to keep 
landings within the open access allocation, while allowing the 
fisheries to operate for as long as possible during the year. The 
overall open access limits for rockfish, sablefish, and ``all 
groundfish'' in 1997 are the same as in 1996 with several exceptions: 
(1) The thornyhead open access allocation of only 3 mt is expected to 
be taken entirely as incidental catch in open access fisheries for 
other species. Consequently, north of Pt. Conception thornyheads may 
not be taken and retained, possessed, or landed, as has been the case 
since May 1996; (2) the monthly cumulative trip limit for rockfish is 
applied coastwide in 1997, whereas in 1996, it differed north and south 
of Cape Lookout; (3) additional limits are established for bocaccio: 
For setnets or trammel nets, no more than 4,000 lb (1,814 kg) of 
bocaccio cumulative per month south of Cape Mendocino; and, for hook-
and-line or pot gear, no more than 2,000 lb (907 kg) of bocaccio 
cumulative per month south of Cape Mendocino, of which no more than 300 
lb (136 kg) may be taken per trip; (4) language is changed to clarify 
that open access nontrawl gear may not exceed limits that apply to 
limited entry nontrawl gear; (5) daily trip limits for sablefish will 
apply to all open access gear in 1997, not only to nontrawl gear as was 
the case in 1996; and (6) trip limits for groundfish are reduced from 
1,500 lb (680 kg) in the shrimp trawl fishery and 1,000 lb (454 kg) in 
the prawn trawl fishery to 500 lb (227 kg), including the 300-lb (136-
kg) daily trip limit for sablefish. The reduction in the groundfish 
limit is primarily to discourage bycatch of yellowtail and other 
rockfish.

C. Operating in Both Limited Entry and Open Access Fisheries

    Vessels using open access gear are subject to the management 
measures for the open access fishery, regardless of whether the vessel 
has a valid limited entry permit endorsed for any other gear. In 
addition, a vessel operating in the open access fishery must not exceed 
any trip limit, frequency limit, and/or

[[Page 713]]

size limit (for the same area) in the limited entry fishery.
    A vessel that operates in both the open access and limited entry 
fisheries is not entitled to two separate trip limits for the same 
species. Fish caught with open access gear will also be counted toward 
the limited entry trip limit. For example: In January, a trawl vessel 
catches 7,000 lb (3,175 kg) of sablefish in the limited entry fishery, 
and in the same month catches 1,000 lb (454 kg) of sablefish with 
shrimp trawl (open access) gear, for a total of 8,000 lb (3,629 kg) of 
sablefish. Because the open access landings are counted toward the 
limited entry limit, the vessel would have exceeded its limited entry, 
cumulative limit of 7,200 lb (3,266 kg) (60 percent of the 12,000-lb 
(5,443-kg) 2-month cumulative limit for the limited entry fishery).

D. Operating in Areas With Different Trip Limits

    Trip limits may differ for a species or species complex at 
different locations on the coast. Unless otherwise stated (as for black 
rockfish or for species with daily trip limits), the cross-over 
provisions at paragraph IV.A.(12) apply. In general, a vessel fishing 
for groundfish in a more restricive area is subject to the more 
restrictive limit for the duration of that trip limit period. In 1997, 
these provisions are relaxed to apply only to vessels taking and 
retaining groundfish rather than any species. Since trip limits for the 
Sebastes complex and yellowtail rockfish will be the same in Washington 
and Oregon in 1997, Washington and Oregon State declaration procedures 
that enabled a vessel to operate on both sides of the line and harvest 
the larger limit no longer are in effect.

E. Changes to Trip Limits; Closures

    Unless otherwise stated, a vessel must have initiated offloading 
its catch before the fishery is closed or before a more restrictive 
trip limit becomes effective. As in the past, all fish on board the 
vessel when offloading begins are counted toward the landing limits 
(See 50 CFR 660.302, formerly 50 CFR 663.2, for the definition of 
``landing'').

F. Designated Species B Permits

    Designated species B permits may be issued if the limited entry 
fleet will not fully utilize the HG for Pacific whiting, shortbelly 
rockfish, or jack mackerel north of 39 deg. North latitude. The limited 
entry fleet has requested the full use of shortbelly rockfish and 
Pacific whiting, but less than half of the HG for jack mackerel in 
1997. Since no applications were received before the November 1 
deadline, NMFS does not expect to issue Designated Species B permits in 
1997.

G. Recreational Fishing

    Bag limits in the 1997 recreational fishery remain the same as in 
1996 with one exception. The bag limit for rockfish in Washington State 
is reduced to 10 fish throughout the State to be consistent with State 
laws protecting black rockfish.

IV. NMFS Actions

    For the reasons stated above, the Assistant Administrator for 
Fisheries, NOAA (Assistant Administrator), concurs with the Council's 
recommendations and announces the following management actions for 
1997, including those that are the same as in 1996.

A. General Definitions and Provisions

    The following definitions and provisions apply to the 1997 
management measures, unless otherwise specified in a subsequent notice:
    (1) Trip limits. Trip limits are used in the commercial fishery to 
specify the amount of fish that may legally be taken and retained, 
possessed, or landed, per vessel, per fishing trip, or cumulatively per 
unit of time, or the number of landings that may be made from a vessel 
in a given period of time, as explained below.
    (a) A trip limit is the total allowable amount of a groundfish 
species or species complex, by weight, or by percentage of weight of 
legal fish on board, that may be taken and retained, possessed, or 
landed per vessel from a single fishing trip.
    (b) A daily trip limit is the maximum amount that may be taken and 
retained, possessed, or landed per vessel in 24 consecutive hours, 
starting at 0001 hours local time. Only one landing of groundfish may 
be made in that 24-hour period. Daily trip limits may not be 
accumulated during multiple day trips.
    (c) A cumulative trip limit is the maximum amount that may be taken 
and retained, possessed, or landed per vessel in a specified period of 
time, without a limit on the number of landings or trips.
    (i) Limited entry fishery. Unless otherwise specified, cumulative 
trip limits in the limited entry fishery apply to 2-month periods. No 
more than 60 percent of the applicable 2-month cumulative limit may be 
taken and retained, possessed or landed in either month of a 2-month 
period; this is called the ``60-percent monthly limit.'' The 2-month 
periods are: January-February, March-April, May-June, July-August, 
September-October, and November-December. Different cumulative periods 
may be announced later in the year.
    (ii) Open access fishery. Unless otherwise specified, cumulative 
trip limits apply to 1-month periods in the open access fishery. Within 
these limits, in any calendar month, no more than 50 percent of the 
applicable 2-month cumulative limit for the limited entry fishery may 
be taken and retained, possessed, or landed from a vessel in the open 
access fishery; this is called the ``50-percent monthly limit.''
    (iii) Platooning--limited entry trawl vessels. Limited entry trawl 
vessels are automatically in the ``A'' platoon, which means a vessel's 
cumulative trip limit periods begin and end on the beginning and end of 
a calendar month as in the past. If a limited entry trawl permit is 
authorized for the ``B'' platoon (which, in 1997, will require a 
separate letter from NMFS to be attached to the limited entry permit), 
then cumulative trip limit periods will begin 2 weeks later than for 
the ``A'' platoon.
    (A) For a vessel in the ``B'' platoon, cumulative trip limit 
periods begin on the 16th of the month and end on the 15th of the 
month. Therefore, the management measures announced herein that are 
effective on January 1, 1997, for the ``A'' platoon will be effective 
on January 16, 1997, for the ``B'' platoon. The effective date of any 
inseason changes to the cumulative trip limits also will be delayed for 
2 weeks for the ``B'' platoon.
    (B) A vessel authorized to operate in the ``B'' platoon may take 
and retain, but may not land, groundfish from January 1, 1997, through 
January 15, 1997.
    (C) Special provisions will be made for ``B'' platoon vessels later 
in the year so that the amount of fish made available in 1997 to both 
``A'' and ``B'' vessels is the same. For example, a vessel in the ``B'' 
platoon will have the same cumulative trip limit for the final period 
as a vessel in the ``A'' platoon, but the final period may be 2 weeks 
shorter so that both fishing periods end on the same date.
    (2) Unless the fishery is closed, a vessel that has landed its 
cumulative or daily limit may continue to fish on the limit for the 
next legal period, so long as no fish (including, but not limited to, 
groundfish with no trip limits, shrimp, prawns, or other nongroundfish 
species or shellfish) are landed (offloaded) until the next legal 
period. As stated in the regulations at 50 CFR 660.302 (formerly 50 CFR 
663.2, the definition of ``landing''), once offloading of any species 
begins, all fish aboard the vessel are counted as part of the landing.

[[Page 714]]

    (3) All weights are round weights or round-weight equivalents.
    (4) Percentages are based on round weights, and, unless otherwise 
specified, apply only to legal fish on board.
    (5) ``Legal fish'' means fish legally taken and retained, 
possessed, or landed in accordance with the provisions of 50 CFR part 
660 (previously 50 CFR part 663), the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), any notice 
issued under part 660 (previously subpart B of 50 CFR part 663), and 
any other regulation promulgated or permit issued under the Magnuson-
Stevens Act.
    (6) Size limits and length measurement. Unless otherwise specified, 
size limits in the commercial and recreational groundfish fisheries 
apply to the longest measurement of the fish without mutilation of the 
fish or the use of force to extend the length of the fish. No fish with 
a size limit may be retained if it is in such condition that its length 
has been extended or cannot be determined by these methods.
    (a) For a whole fish, total length will be measured from the tip of 
the snout (mouth closed) to the tip of the tail in a natural, relaxed 
position.
    (b) For a fish with the head removed (``headed''), the length will 
be measured from the origin of the first dorsal fin (where the front 
dorsal fin meets the dorsal surface of the body closest to the head) to 
the tip of the upper lobe of the tail; the dorsal fin and tail must be 
left intact.
    (7) ``Closure,'' when referring to closure of a fishery, means that 
taking and retaining, possessing, or landing the particular species or 
species group is prohibited. (See the regulations at 50 CFR 660.302 
(previously 50 CFR 663.2).) Unless otherwise announced in the Federal 
Register, offloading must begin before the time the fishery closes.

    (Note: The Council recommended requiring fixed gear to be out of 
the water at the end of the regular season for sablefish rather than 
requiring offloading to have begun. This recommendation has not yet 
been approved.)

    (8) The fishery management area for these species is the EEZ off 
the coasts of Washington, Oregon, and California between 3 and 200 nm 
offshore, bounded on the north by the Provisional International 
Boundary between the United States and Canada, and bounded on the south 
by the International Boundary between the United States and Mexico. All 
groundfish possessed between 0-200 nm offshore, or landed in, 
Washington, Oregon, or California are presumed to have been taken and 
retained from the EEZ, unless otherwise demonstrated by the person in 
possession of those fish.
    (9) Inseason changes to trip limits are announced in the Federal 
Register. Most trip and bag limits in the groundfish fishery have been 
designated ``routine,'' which means they may be changed rapidly after a 
single Council meeting. Information concerning changes to trip limits 
is available from the NMFS Northwest and Southwest Regional Offices 
(see ADDRESSES). Changes to trip limits are effective at the times 
stated in the Federal Register. Once a change is effective, it is 
illegal to take and retain, possess, or land more fish than allowed 
under the new trip limit. This means, unless otherwise announced in the 
Federal Register, offloading must begin before the time a fishery 
closes or a more restrictive trip limit takes effect.
    (10) It is unlawful for any person to take and retain, possess, or 
land groundfish in excess of the landing limit for the open access 
fishery without having a valid limited entry permit for the vessel 
affixed with a gear endorsement for the gear used to catch the fish (50 
CFR 660.306(p), formerly 50 CFR 663.7(t)).
    (11) Operating in both limited entry and open access fisheries. The 
open access trip limit applies to any fishing conducted with open 
access gear, even if the vessel has a valid limited entry permit with 
an endorsement for another type of gear. A vessel that operates in both 
the open access and limited entry fisheries is not entitled to two 
separate trip limits for the same species. Fish caught with open access 
gear will also be counted toward the limited entry trip limit.
    (12) Operating in areas with different trip limits. Trip limits for 
a species or species complex may differ in different geographic areas 
along the coast. The following ``crossover'' provisions apply to 
vessels operating in different geographical areas that have different 
cumulative or ``per trip'' trip limits for the same species or species 
complex. They do not apply to species that are only subject to daily 
trip limits, or to the trip limits for black rockfish off the State of 
Washington (see 50 CFR 660.323(a)(1), previously 50 CFR 663.23(b)). In 
1997, the trip limit period for cumulative trip limits is 2 months for 
the limited entry fishery and 1 month for the open access fishery, 
unless otherwise specified.
    (a) Going From A More Restrictive To A More Liberal Area: If a 
vessel takes and retains any species of groundfish in an area where a 
more restrictive trip limit applies, before fishing in an area where a 
more liberal trip limit (or no trip limit) applies, then that vessel is 
subject to the more restrictive trip limit for the entire period to 
which that trip limit applies, no matter where the fish are taken and 
retained, possessed, or landed.
    (b) Going From A More Liberal To A More Restrictive Area: If a 
vessel takes and retains a species (or species complex) in an area 
where a higher trip limit (or no trip limit) applies, and possesses or 
lands that species (or species complex) in an area where a more 
restrictive trip limit applies, then that vessel is subject to the more 
restrictive trip limit for that trip limit period.
    (13) Sorting. Regulations at 50 CFR 660.306(h) (formerly 50 CFR 
663.7(l)) make it unlawful for any person to ``fail to sort, prior to 
the first weighing after off loading, those groundfish species or 
species groups for which there is a trip limit, if the weight of the 
total delivery exceeds 3,000 lb (1,361 kg) (round weight or round 
weight equivalent).'' This provision applies to both the limited entry 
and open access fisheries.

    (Note: The Council has recommended that this regulation be 
changed to require all species or species groups with a trip limit, 
HG, or quota to be sorted. There would be no exception for landings 
under 3,000 lb (1,361 kg). The States of Washington and Oregon 
already have the same or similar requirements. If approved, the 
regulation is expected to be implemented in 1997, after publication 
in the Federal Register.)

    (14) Exempted fisheries. U.S. vessels operating under an exempted 
(formerly experimental) fishing permit issued under 50 CFR part 600 
(formerly 50 CFR 663.10) also are subject to these restrictions, unless 
otherwise provided in the permit.
    (15) Paragraphs IV.B. through IV.I. pertain to the commercial 
groundfish fishery, but not to Washington coastal tribal fisheries 
which are described in paragraph V. The provisions in paragraphs IV.B. 
through IV.I. that are not covered under the headings ``limited entry'' 
or ``open access'' apply to all vessels in the commercial fishery that 
take and retain groundfish, unless otherwise stated. Paragraph IV.J. 
pertains to the recreational fishery.
    (16) Commonly used geographical coordinates.
    (a) Cape Falcon, OR--45 deg.46' N. lat.
    (b) Cape Lookout, OR--45 deg.20'15'' N. lat.
    (c) Cape Mendocino, CA--40 deg.30' N. lat.
    (d) Point Conception, CA--34 deg.27' N. lat.

[[Page 715]]

    (e) International North Pacific Fisheries Commission (INPFC) 
subareas (for more precise coordinates for the Canadian and Mexican 
boundaries, see 50 CFR 660.304 (formerly 663.5):
    (i) Vancouver--U.S.-Canada border to 47 deg.30' N. lat.
    (ii) Columbia--47 deg.30' to 43 deg.00' N. lat.
    (iii) Eureka--43 deg.00' to 40 deg.30' N. lat.
    (iv) Monterey--40 deg.30' to 36 deg.00' N. lat.
    (v) Conception--36 deg.00' N. lat. to the U.S.-Mexico border.

B. Widow Rockfish (Commonly Called Brownies)

    (1) Limited entry fishery. The cumulative trip limit for widow 
rockfish is 70,000 lb (31,752 kg) per vessel per 2-month period. The 
60-percent monthly limit is 42,000 lb (19,051 kg).
    (2) Open access fishery. Within the limits at paragraph IV.I. for 
the open access fishery, the 50-percent monthly limit for widow 
rockfish is 35,000 lb (15,876 kg).

C. Sebastes Complex (including Bocaccio, Yellowtail, and Canary 
Rockfish)

    (1) General. Sebastes complex means all rockfish managed by the FMP 
except Pacific ocean perch (Sebastes alutus), widow rockfish (S. 
entomelas), shortbelly rockfish (S. jordani), and Sebastolobus spp. 
(also called thornyheads, idiots, or channel rockfish). Yellowtail 
rockfish (S. flavidus) are commonly called greenies. Bocaccio (S. 
paucispinis) are commonly called rock salmon. Canary rockfish (S. 
pinniger) are commonly called orange rockfish.
    (2) Limited entry fishery. (a) Cumulative trip limits. (i) North of 
Cape Mendocino. The cumulative trip limit for the Sebastes complex 
taken and retained north of Cape Mendocino is 30,000 lb (13,608 kg) per 
vessel per 2-month period. Within this cumulative trip limit for the 
Sebastes complex, no more than 6,000 lb (2,722 kg) may be yellowtail 
rockfish taken and retained north of Cape Mendocino, and no more than 
14,000 lb (6,350 kg) may be canary rockfish.
    (ii) South of Cape Mendocino. The cumulative trip limit for the 
Sebastes complex taken and retained south of Cape Mendocino is 150,000 
lb (68,039 kg) per vessel per 2-month period. Within this cumulative 
trip limit for the Sebastes complex, no more than 12,000 lb (5,443 kg) 
may be bocaccio taken and retained south of Cape Mendocino, and no more 
than 14,000 lb (6,350 kg) may be canary rockfish.
    (iii) The 60-percent monthly limits are: For the Sebastes complex, 
18,000 lb (8,165 kg) north of Cape Mendocino, and 90,000 lb (40,823 kg) 
south of Cape Mendocino; for yellowtail rockfish, 3,600 lb (1,633 kg) 
north of Cape Mendocino; for bocaccio south of Cape Mendocino, 7,200 lb 
(3,266 kg); and for canary rockfish coastwide, 8,400 lb (3,810 kg).
    (b) For operating in areas with different trip limits for the same 
species, see paragraph IV.A.(12) above.
    (3) Open access fishery. If smaller than the limits at paragraph 
IV.I., the following cumulative monthly trip limits apply (within the 
limits at paragraph IV.I.): For the Sebastes complex, 15,000 lb (6,804 
kg) north of Cape Mendocino, and 75,000 lb (34,019 kg) south of Cape 
Mendocino; for yellowtail rockfish, 3,000 lb (1,361 kg) north of Cape 
Mendocino; for bocaccio, 6,000 lb (2,722 kg) south of Cape Mendocino; 
and, for canary rockfish, 7,000 lb (3,175 kg) coastwide.

D. POP

    (1) Limited entry fishery. The cumulative trip limit for POP is 
8,000 lb (3,629 kg) per vessel per 2-month period. The 60-percent 
monthly limit is 4,800 lb (2,177 kg).
    (2) Open access fishery. Within the limits at paragraph IV.I. 
below, the 50-percent monthly limit for POP is 4,000 lb (1,814 kg).

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

    (1) 1997 Management goal. The sablefish fishery will be managed to 
achieve the 7,800-mt HG in 1997.
    (2) Limited entry fishery. (a) Gear allocations. After subtracting 
the tribal-imposed catch limit and the open access allocation from the 
HG for sablefish, the remainder is allocated 58 percent to the trawl 
fishery and 42 percent to the nontrawl fishery.

    (Note: The 1997 HG for sablefish north of 36 deg. N. lat. is 
7,800 mt. The 780-mt tribal allocation is subtracted, and the 
limited entry and open access allocations are based on the remaining 
7,020 mt. The limited entry allocation of 6,557 mt for 1996 is 
allocated 3,803 mt (58 percent) to the trawl fishery and 2,754 mt 
(42 percent) to the nontrawl fishery. The trawl and nontrawl gear 
allocations are HGs in 1997, which means the fishery will be managed 
not to exceed the HGs, but will not necessarily be closed if the HGs 
are reached.)

    (b) Limited entry trip and size limits for the DTS complex. ``DTS 
complex'' means Dover sole (Microstomus pacificus), thornyheads 
(Sebastolobus spp.), and trawl-caught sablefish (Anoplopoma fimbria). 
Sablefish are also called blackcod. Thornyheads, also called idiots, 
channel rockfish, or hardheads, include two species: Shortspine 
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis). 
These provisions apply to Dover sole and thornyheads caught with any 
limited entry gear and to sablefish caught with limited entry trawl 
gear.
    (i) North of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained north of Cape Mendocino is 70,000 lb (31,752 
kg) per vessel per 2-month period. Within this cumulative trip limit, 
no more than 12,000 lb (5,443 kg) may be sablefish, no more than 38,000 
lb (17,236 kg) may be Dover sole, and no more than 20,000 lb (9,072 kg) 
may be thornyheads. No more than 4,000 lb (1,814 kg) of the thornyheads 
may be shortspine thornyheads.
    (ii) South of Cape Mendocino. The cumulative trip limit for the DTS 
complex taken and retained south of Cape Mendocino is 100,000 lb 
(45,359 kg) per vessel per 2-month period. Within this cumulative trip 
limit, no more than 12,000 lb (5,443 kg) may be sablefish, and no more 
than 20,000 lb (9,072 kg) may be thornyheads. No more than 4,000 lb 
(1,814 kg) of the thornyheads may be shortspine thornyheads.
    (iii) The 60-percent monthly limits are: For the DTS complex, 
42,000 lb (19,051 kg) north of Cape Mendocino, and 60,000 lb (27,216 
kg) south of Cape Mendocino; for trawl-caught sablefish, 7,200 lb 
(3,266 kg); for Dover sole north of Cape Mendocino, 22,800 lb (10,342 
kg); for both species of thornyheads combined, 12,000 lb (5,443 kg); 
and for shortspine thornyheads, 2,400 lb (1,089 kg).
    (iv) In any trip, no more than 500 lb (227 kg) may be trawl-caught 
sablefish smaller than 22 inches (56 cm) total length. (See paragraph 
IV.A.(6) regarding length measurement.)
    (v) For operating in areas with different trip limits for the same 
species, see paragraph IV.A.(12) above.
    (c) Nontrawl trip and size limits. (i) Daily trip limit. The daily 
trip limit for sablefish taken and retained with nontrawl gear north of 
36 deg. N. lat. is 300 lb (136 kg) and south of 36 deg. N. lat. is 350 
lb (159 kg). The daily trip limit, which applies to sablefish of any 
size, is in effect until the closed periods before or after the regular 
season (as specified at 50 CFR 660.323(a)(2)(i) (formerly 50 CFR 
663.23(b)(2)), between the end of the regular season and the beginning 
of the mop-up season, and after the mop-up season.
    (ii) Limit on small fish. During the ``regular'' or ``mop-up'' 
seasons, the only trip limit in effect applies to sablefish smaller 
than 22 inches (56 cm) total

[[Page 716]]

length, which may comprise no more than 1,500 lb (680 kg) or 3 percent 
of all legal sablefish 22 inches (56 cm) (total length) or larger, 
whichever is greater. (See paragraph IV.A.(6) regarding length 
measurement.)
    (d) For headed and gutted sablefish:
    (i) The minimum size limit for headed sablefish, which corresponds 
to 22 inches (56 cm) total length for whole fish, is 15.5 inches (39 
cm).
    (ii) The conversion factor established by the state where the fish 
is or will be landed will be used to convert the processed weight to 
round weight for purposes of applying the trip limit. (The conversion 
factor currently is 1.6 in Washington, Oregon, and California. However, 
the state conversion factors may differ; fishermen should contact 
fishery enforcement officials in the state where the fish will be 
landed to determine that state's official conversion factor.)

    (Note: The Council has recommended a number of changes to the 
regulations for the fixed gear sablefish fishery in 1997. Before 
these changes can be made effective, they must be approved by NMFS 
and then implemented by a regulation published in the Federal 
Register. The recommended changes are summarized below:
    (1) A vessel must have an endorsement on its limited entry 
permit in order to participate in the regular or mop-up season north 
of 36 deg. N. lat.; (2) the regular and mop-up seasons would apply 
only north of 36 deg. N. lat., whereas in 1996, they applied 
coastwide; (3) for 48 hours prior to the regular season, all fixed 
gear used to take and retain groundfish would be removed from the 
water--no advance setting of pot gear would be allowed; (4) a 48-
hour closed period would be added at the end of the regular season, 
and all fixed gear used to take and retain groundfish, including 
open access gear, would be removed from the water during this 
period; (5) a framework season would be established (from August 1-
September 30), with the date being selected each year according to 
certain criteria. The starting date, which has not yet been 
recommended for 1997, remains at noon September 1 until the new 
regulation becomes effective.)
    (3) Open access fishery. Within the limits in paragraph IV.I. 
below, a vessel in the open access fishery is subject to the 50-percent 
monthly limits, which are as follows: For the DTS complex, 35,000 lb 
(15,876 kg) north of Cape Mendocino, and 50,000 lb (22,680 kg) south of 
Cape Mendocino; for Dover sole north of Cape Mendocino, 19,000 lb 
(8,618 kg); south of Pt. Conception, for both species of thornyheads 
combined, 10,000 lb (4,536 kg) of which no more than 2,000 lb (907 kg) 
may be shortspine thornyheads. (The open access fishery for thornyheads 
is closed north of Pt. Conception.) Daily trip limits for sablefish and 
for thornyheads south of Pt. Conception are announced at paragraph 
IV.I.

F. Whiting

    (1) Limited entry fishery. Additional regulations that apply to the 
whiting fishery are found at 50 CFR 660.306 (formerly 50 CFR 663.7) and 
50 CFR 660.323(a)(3) and (4)(formerly 50 CFR 663.23(b)(3) and (4)).
    (a) No more than 10,000 lb (4,536 kg) of whiting may be taken and 
retained, possessed, or landed, per vessel per fishing trip before and 
after the regular season for whiting, as specified at 50 CFR 
660.323(a)(3) and (4) (formerly 50 CFR 663.23(b)(3) and (4)). This trip 
limit includes any whiting caught shoreward of 100 fathoms (183 m) in 
the Eureka subarea (see paragraph IV.F.(1)(b)).
    (b) No more than 10,000 lb (4,536 kg) of whiting may be taken and 
retained, possessed, or landed by a vessel that, at any time during a 
fishing trip, fished in the fishery management area shoreward of the 
100-fathom (183-m) contour (as shown on NOAA Charts 18580, 18600, and 
18620) in the Eureka subarea.

    (Note: The Council recommended a number of changes to the 
Pacific whiting fishery that are not yet in effect, particularly 
separate allocations for catcher/processor, mothership, and shore-
based sectors. The Council also recommended separate opening dates 
for catcher/processors and mothership operations (but both sectors 
prefer the current opening date of May 15 in 1997), and for vessels 
delivering shoreside (June 15 north of 42 deg. N. lat. and April 15 
south of 42 deg. N. lat.). The dates at 50 CFR 660.323(a)(3) remain 
in effect until otherwise announced in the Federal Register.)

    (2) Open access fishery. See paragraph IV.I. below.

G. Lingcod

    (1) Limited entry fishery. The cumulative trip limit for lingcod is 
40,000 lb (18,144 kg) per vessel per 2-month period. The 60-percent 
monthly limit is 24,000 lb (10,886 kg). No lingcod may be smaller than 
22 inches (56 cm) total length, except for a 100-lb (45-kg) trip limit 
for trawl-caught lingcod smaller than 22 inches (56 cm). Length 
measurement is explained at paragraph IV.A.(6).
    (2) Open access fishery. Within the limits in paragraph IV.I. 
below, the 50-percent monthly limit for lingcod is 20,000 lb (9,072 
kg).
    (3) Conversions. (a) Size conversion. For lingcod with the head 
removed, the minimum size limit, which corresponds to 22 inches (56 cm) 
total length for whole fish, is 18 inches (46 cm).
    (b) Weight conversion. The conversion factor established by the 
state where the fish is or will be landed will be used to convert the 
processed weight to round weight for purposes of applying the trip 
limit. (The states' conversion factors may differ and fishers should 
contact fishery enforcement officials in the state where the fish will 
be landed to determine that state's official conversion factor.) If a 
state does not have a conversion factor for lingcod that is headed and 
gutted, or only gutted, the following conversion factors will be used. 
To determine the round weight, multiply the processed weight times the 
conversion factor.
    (i) Headed and gutted. The conversion factor for headed and gutted 
lingcod is 1.5. (The State of Washington currently uses a conversion 
factor of 1.5.)
    (ii) Gutted, with the head on. The conversion factor for lingcod 
that has only been eviscerated is 1.1.

H. Black Rockfish

    The regulations at 50 CFR 660.323(a)(1) (formerly 50 CFR 
663.23(b)(1)(iii)) state: ``The trip limit for black rockfish (Sebastes 
melanops) for commercial fishing vessels using hook-and-line gear 
between the U.S.-Canada border and Cape Alava (48 deg.09'30'' N. lat.), 
and between Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter 
Point (46 deg.38'10'' N. lat.), is 100 lb (45 kg) or 30 percent, by 
weight of all fish on board, whichever is greater, per vessel per 
fishing trip.'' The provisions at paragraphs IV.A.(12) do not apply.

I. Trip Limits in the Open Access Fishery

    Open access gear is gear used to take and retain groundfish from a 
vessel that does not have a valid limited entry permit for the Pacific 
coast groundfish fishery with an endorsement for the gear used to 
harvest the groundfish. This includes longline, trap, pot, hook-and-
line (fixed or mobile), set net (south of 38 deg. N. lat. only), and 
trawls used to target non-groundfish species (pink shrimp or prawns, 
and, south of Pt. Arena, CA (38 deg.57'30'' N. lat.), California 
halibut or sea cucumbers). A vessel operating in the open access 
fishery must not exceed any trip limit, frequency limit, and/or size 
limit for the open access fishery; or for the same area in the limited 
entry fishery; or, in any calendar month, 50 percent of any 2-month 
cumulative trip limit for the same area in the limited entry fishery,

[[Page 717]]

called the ``50-percent monthly limit.'' For purposes of this 
paragraph, exempted trawl gear (that is used to harvest shrimp, prawns, 
California halibut or sea cucumbers as provided in this paragraph I.) 
may not exceed any limit for the limited entry trawl fishery, or 50 
percent of any 2-month cumulative limit that applies to limited entry 
trawl gear. The cross-over provisions at paragraph IV.A.(12) that apply 
to the limited entry fishery apply to the open access fishery as well.
    (1) Rockfish. Rockfish means all rockfish as defined at 50 CFR 
660.302 (formerly 50 CFR 663.2), which includes the Sebastes complex 
(including yellowtail rockfish, bocaccio, and canary rockfish), 
shortbelly rockfish, widow rockfish, POP, and thornyheads.
    (a) All open access gear. (i) North of Pt. Conception, thornyheads 
(shortspine or longspine) may not be taken and retained, possessed, or 
landed.
    (ii) South of Pt. Conception, the daily trip limit for thornyheads 
is 50 lb (23 kg).
    (b) All open access gear except shrimp, prawn, or sea cucumber 
trawl. The cumulative monthly trip limit for rockfish is 40,000 lb 
(18,144 kg) per vessel per month, and includes the daily trip limit for 
thornyheads. The following trip limits also apply, which count toward 
the cumulative monthly limit:
    (i) Hook-and-line or pot gear: 10,000 lb (4,536 kg) of rockfish per 
vessel per fishing trip, of which no more than 300 lb (136 kg) per 
trip, not to exceed 2,000 lb (907 kg) cumulative per month, may be 
bocaccio taken and retained south of Cape Mendocino.
    (ii) Setnet or trammel net gear (which are legal only south of 
38 deg. N. lat.): 4,000 lb (1,814 kg) cumulative of bocaccio taken and 
retained south of Cape Mendocino.
    (c) For operating in areas with different trip limits for the same 
species, see paragraph IV.A.(12) above.
    (2) Sablefish. (a) North of 36 deg.00' N. lat. The cumulative trip 
limit for sablefish taken and retained north of 36 deg.00' N. lat. is 
1,500 lb (680 kg) per month. The daily trip limit for sablefish taken 
and retained north of 36 deg.00' N. lat., which counts toward the 
cumulative limit, is 300 lb (136 kg).
    (b) South of 36 deg.00' N. lat.. The daily trip limit for sablefish 
taken and retained south of 36 deg.00' N. lat. is 350 lb (159 kg).
    (3) Groundfish taken by shrimp or prawn trawl. The daily trip 
limits are: Sablefish, 300 lb (136 kg) coastwide; and thornyheads south 
of Pt. Conception, 50 lb (23 kg).
    (a) Pink shrimp. The trip limit for a vessel engaged in fishing for 
pink shrimp is 500 lb (227 kg) of groundfish, multiplied by the number 
of days of the fishing trip, and includes the daily trip limits for 
sablefish and thornyheads, which may not be multiplied by the number of 
days of the fishing trip.
    (b) Spot and ridgeback prawns. The trip limit for a vessel engaged 
in fishing for spot or ridgeback prawns is 500 lb (227 kg) of 
groundfish species per fishing trip, and includes the daily trip limits 
for sablefish and thornyheads.
    (c) This rule is not intended to supersede any more restrictive 
state law relating to the retention of groundfish taken in shrimp or 
prawn pots or traps.
    (4) Groundfish taken by California halibut or sea cucumber trawl. 
The trip limit for a vessel participating in the California halibut 
fishery or in the sea cucumber fishery south of Point Arena, CA 
(38 deg.57'30'' N. lat.) is 500 lb (227 kg) of groundfish per vessel 
per fishing trip, which includes a daily trip limit for sablefish of 
300 lb (136 kg), and a daily trip limit for thornyheads south of Pt. 
Conception of 50 lb (23 kg).
    (a) A trawl vessel will be considered participating in the 
California halibut fishery if:
    (i) It is not fishing under a valid limited entry permit issued 
under 50 CFR part 660.333 (formerly 50 CFR part 663) for trawl gear;
    (ii) All fishing on the trip takes place south of Point Arena; and
    (iii) The landing includes California halibut of a size required by 
California Fish and Game Code section 8392(a), which states: ``No 
California halibut may be taken, possessed or sold which measures less 
than 22 inches in total length, unless it weighs four pounds or more in 
the round, three and one-half pounds or more dressed with the head on, 
or three pounds or more dressed with the head off. Total length means 
the shortest distance between the tip of the jaw or snout, whichever 
extends farthest while the mouth is closed, and the tip of the longest 
lobe of the tail, measured while the halibut is lying flat in natural 
repose, without resort to any force other than the swinging or fanning 
of the tail.''
    (b) A trawl vessel will be considered participating in the sea 
cucumber fishery if:
    (i) It is not fishing under a valid limited entry permit issued 
under 50 CFR part 660.333 (formerly 50 CFR 663) for trawl gear;
    (ii) All fishing on the trip takes place south of Point Arena; and
    (iii) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code section 8396, which requires a permit 
issued by the State of California.

J. Recreational Fishery

    (1) California. The bag limits for each person engaged in 
recreational fishing seaward of the State of California are: 5 lingcod 
per day, which may be no smaller than 22 inches (56 cm) total length; 
and 15 rockfish per day. Multi-day limits are authorized by a valid 
permit issued by the State of California and must not exceed the daily 
limit multiplied by the number of days in the fishing trip.
    (2) Oregon. The bag limits for each person engaged in recreational 
fishing seaward of the State of Oregon are: 3 lingcod per day, which 
may be no smaller than 22 inches (56 cm) total length; and 15 rockfish 
per day, of which no more than 10 may be black rockfish (Sebastes 
melanops).
    (3) Washington. The bag limits for each person engaged in 
recreational fishing seaward of the State of Washington are: Three 
lingcod per day no smaller than 22 inches (56 cm) total length, and 10 
rockfish per day.

V. Washington Coastal Tribal Fisheries

    From 1991 through 1994, the Washington coastal treaty tribes 
conducted a tribal sablefish fishery of 300 mt that was accommodated in 
the annual management measures. In late 1994, the U.S. government 
formally recognized the treaty right to fish for groundfish of the four 
Washington Coastal Treaty tribes (the Makah, Hoh, Quileute, and 
Quinault), and concluded that in general terms the quantification of 
the right is 50 percent of the harvestable surplus of groundfish 
available in the tribes' usual and accustomed fishing areas (defined at 
50 CFR 660.304).
    A tribal allocation is subtracted from the species HG before 
limited entry and open access allocations are derived. The treaty 
Indian fisheries for sablefish, black rockfish, and whiting allocations 
are separate fisheries, not governed by the limited entry or open 
access regulations or allocations. The tribes regulate their fisheries 
so as not to exceed their allocations. Tribal fishing for rockfish with 
fixed gear will operate under the same rules as the open access 
fishery. The tribal trawl fishery for rockfish will operate under the 
limited entry rules (50 CFR 660.324(j)). Makah tribal members may use 
midwater trawl gear to take and retain groundfish for which there is no 
tribal allocation and will be subject to the trip landing and frequency 
and size limits applicable to the limited entry fishery (50 CFR 
660.324(k)).

[[Page 718]]

    The tribal allocations for sablefish and black rockfish are the 
same as in 1996 and for the same reasons. The tribal allocation for 
whiting in 1997 differs from the 1-year allocation agreement with the 
Makah for 1996, as discussed below.
    The Council recommended that no whiting be allocated to the Makah 
Tribe in 1997. The Council's recommendation of no allocation is not 
acceptable because Federal district court Judge Rafeedie held that 
tribes have a right to all fish in their usual and accustomed fishing 
areas, with no species limitation. Some fishermen have argued that this 
ruling should not apply to whiting. A subproceeding is pending in U.S. 
v. Washington that addresses the issue of a treaty right to whiting. In 
that whiting subproceeding, on November 4, 1996, the court ruled that 
``Judge Rafeedie's ruling in Subproceeding 89-3 should remain the 
binding law of the case until the Ninth Circuit decides the appeal of 
the decision now pending before it.''
    NMFS acknowledges that many difficult questions have been raised 
and that there is much uncertainty regarding what is a complex and 
difficult technical and legal issue. The Tribe's proposed allocation 
methodology would result in an allocation of 25 percent of the U.S. HG; 
NMFS's proposed allocation methodology would result in an allocation of 
6.5 percent of the U.S. HG. The tribal compromise falls between these 
two positions. NMFS finds the tribal proposal of 25,000 mt (10.8 
percent) in 1997 to be an acceptable compromise given all of the 
uncertainties. This compromise gives NMFS time to work with the tribes, 
the States, and other Federal agencies to develop an agreed-upon 
allocation. This is a short-term compromise and is not intended to set 
a precedent regarding either quantification of the Makah treaty right 
or future allocations. If an appropriate methodology or allocation 
cannot be developed through negotiations, the allocation will 
ultimately be resolved in the pending subproceeding in U.S. v. 
Washington. In the absence of a resolution of the appropriate 
allocation in 1998, NMFS may again provide the tribes 10.8 percent of 
the U.S. HG. NMFS expects the quantification issue to be resolved 
before the 1999 season. NMFS Actions
    For the reasons stated above, the Assistant Administrator announces 
the following tribal allocations for 1997, including those that are the 
same as in 1996:
    Sablefish: 780 mt, 10 percent of the HG.
    Rockfish: For the commercial harvest of black rockfish off 
Washington State a HG of: 20,000 lb (9,072 kg) north of Cape Alava 
(48 deg.09'30'' N. lat.) and 10,000 lb (4,536 kg) between Destruction 
Island (47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. 
lat.).
    Whiting: 25,000 mt in 1997, 10.8 percent of the HG.

Response to Public Comments

    NMFS received two written comments from the nontreaty whiting 
industry and one from the Makah Tribe on the proposed tribal whiting 
allocation. One commenter argued the Secretary of Commerce does not 
have the authority to make this allocation because such an allocation 
requires an amendment of the FMP. This is not so much a comment on the 
allocation for 1997, as on the rule implementing the framework for 
treaty tribe harvest of Pacific groundfish (tribal groundfish rule) 
that was adopted on May 31, 1996; the response to this comment is found 
in the preamble to the final tribal groundfish rule published at 61 FR 
28786 (June 6, 1996), specifically on pages 28789 and 28790 under the 
heading ``Magnuson Act''.
    The two commenters also objected to the process used this year to 
make the allocation because it does not provide a ``formal public 
comment period.'' NMFS followed its regulation by considering the 
tribal request, the Council recommendation, and public comments, before 
announcing the allocation with the final groundfish specifications. As 
explained in the preamble to the tribal groundfish rule (specifically 
on page 28787), NMFS is using the Council's annual groundfish 
management process, as much as possible, for developing and 
implementing the tribal allocation request. This is the best way to 
provide information to all of the interested parties, since they are 
involved in the annual process, either through attending the meetings 
or through receiving the Council newsletters which are sent to all 
persons who request to be on the Council mailing list. The tribal 
whiting request for 1997 was announced at the August 1996 Council 
meeting when the initial proposals for the 1997 management measures and 
specifications were discussed and adopted by the Council. The Council 
adopted a preliminary range for a 1997 whiting set-aside of zero to 
35,000 mt. This was announced in the Council's August newsletter, along 
with the other 1997 management recommendations. At the October Council 
meeting, the tribe modified its 1997 whiting proposal to be 25,000 mt. 
The Council recommended an allocation of zero for 1997. The NMFS 
representative announced NMFS would take additional comments on the 
tribal allocation for another 3 weeks. The Council's October newsletter 
announced the tribal request for 25,000 mt, the Council's proposed 
tribal whiting allocation of zero, and that NMFS would ``accept 
comments on the Council's recommendations until November 15, 1996 with 
special attention to yellowtail rockfish and the tribal whiting 
allocation decisions.'' This process conforms to the requirements of 
the tribal groundfish rule and provides the widest opportunity for the 
interested public to participate and provide comments, since it uses 
the same timeframe and public participation process as is used for the 
rest of the annual groundfish management decisions.
    One commenter asserted the allocation violates many national 
standards of the Magnuson-Stevens Act, found at 16 U.S.C. 1851(a). Most 
of the arguments had been made last year and were responded to in the 
preamble to the tribal rule under the heading of ``Magnuson Act.'' The 
commenter argued the allocation is not fair and equitable, does not 
promote conservation, and allows a particular entity to acquire an 
excessive share of fishing privileges in violation of national standard 
4, 16 U.S.C. 1851(a)(4). This allocation is different from other 
discretionary allocations that the Council and NMFS might make. It is 
required by the treaties with the Northwest tribes as explained above, 
which are other applicable law with which management measures must be 
consistent. It promotes conservation as much as any allocation does in 
that the allocation is within the total allowable catch authorized for 
1997. It does not provide an excessive share of fish to the tribe; it 
is implementing a treaty right, that is the supreme law of the land. 
The commenter alleged the allocation does not promote efficiency, in 
violation of national standard 5, 16 U.S.C. 1851(a)(5); and does not 
minimize costs or avoid unnecessary duplication in violation of 
national standard 7, 16 U.S.C. 1851(a)(7). National standard 5 (as 
revised by Public Law 104-297) requires that efficiency be 
``considered''; national standard 7 requires that measures shall, where 
practicable, minimize costs and avoid unnecessary duplication. The 
commenter has provided no specifics on why these standards have been 
violated or suggestions on how the treaty right can be accommodated in 
a way that would be more efficient, minimize costs, or avoid 
unnecessary duplication.
    The two commenters argued that there should be a zero allocation to 
the tribe in 1997 because there is no

[[Page 719]]

adjudicated treaty right to whiting, and they refer to their comments 
on the tribal groundfish rule and the 1996 allocations. NMFS addressed 
their arguments in the preamble to the tribal groundfish rule under the 
heading of ``Treaty Entitlement.'' NMFS had determined there is a 
treaty right to whiting, in part, because in a subproceeding of U.S. v. 
Washington regarding tribal rights to shellfish, Federal district court 
Judge Rafeedie held that tribes have a right to all fish in their usual 
and accustomed fishing areas, with no species limitation. This ruling 
is currently on appeal in front of the Ninth Circuit Court of Appeals. 
The commenters argued this ruling should not apply to whiting. A 
subproceeding is pending in U.S. v. Washington that addresses the issue 
of a treaty right to whiting. In that whiting subproceeding, on 
November 4, 1996, the court ruled that ``Judge Rafeedie's ruling in 
Subproceeding 89-3 should remain the binding law of the case until the 
Ninth Circuit decides the appeal of the decision now pending before 
it.''
    One commenter asserted the Makah tribe already has achieved a 
moderate living and, therefore, the treaty right has been satisfied 
without providing whiting to the Makah. The commenter provided no new 
information to support this assertion. This assertion was answered in 
the preamble to the tribal groundfish rule under the heading ``Moderate 
Living''.
    One commenter asserted that since the harvest in the Vancouver 
statistical area (an area larger than, but including, the usual and 
accustomed fishing area) was 9.9 percent of the total harvest from 1981 
to 1995, if the tribes were entitled to a 50 percent share of the 
whiting, they should at most be allocated 4.95 percent of the amount 
available to the U.S. He further asserted that since the whiting spend 
a small portion of the year in the Makah area and do not spawn there, 
the allocation should be even smaller than 4.95 percent. These comments 
were responded to in the preamble to the tribal groundfish rule.
    One commenter alleges the allocation violates the ESA because it 
has not been subject to a formal consultation under the ESA. However, a 
biological opinion issued on May 14, 1996, found that ``(t)he timing, 
method, and location of the tribal fishery are comparable with how the 
whiting fishery has operated in recent years. As a result, there is no 
reason to expect that the bycatch of salmon or the effect of the 
fishery to other listed species including marine mammals will be 
different from what has be(en) reported for the existing fishery.'' The 
tribal fishery authorized for 1997 is still within the scope of what 
was analyzed in previous biological opinions, and thus reinitiation of 
consultation is not required. The other commenter argued that the 
tribal salmon bycatch appeared to exceed the level of concern in the 
fishery, which requires a new biological opinion. The current 
biological opinion considers salmon bycatch in the fishery as a whole, 
but does require consultation if the number of chinook salmon per 
metric ton of whiting exceeds 0.05 in either the shoreside, catcher/
processor or the mothership components of the fishery (Biological 
Opinion, May 14, 1996). For purposes of the biological opinion, the 
tribal whiting fishery was considered as part of the mothership fleet. 
Therefore, salmon bycatch in the tribal fishery, by itself, does not 
necessarily trigger a requirement for reinitiation unless it results in 
the salmon bycatch for the mothership sector to exceed the reinitiation 
criteria. All three sectors were within the 0.05 rate in 1996.

VI. Issuance of EFPs in 1996

    In 1995, applications were received and approved for three 
different types of EFPs (formerly called ``experimental fishing 
permits'') for the 1996 fishing year: (1) The first was from the State 
of Oregon (representing Washington and California as well) for the 
purpose of renewing the 1995 EFP to monitor the bycatch of salmon in 
the shore-based whiting fishery. Under this permit, 40 vessels were 
issued EFPs that required all salmon caught incidentally in the whiting 
fishery to be landed shoreside. A variation of the whiting EFP also was 
requested by the State of California so that a small number of fishers 
could be allowed to fish for whiting inside of the 100-fathom (183-m) 
contour in the Eureka Management Area, which currently is prohibited. 
The purpose was to see if the bycatch rate of salmon could be kept at 
acceptable levels by this small, shore-based sector of the fleet 
delivering to Eureka and Crescent City, CA. At-sea observers would be 
aboard all whiting trips. Even though this variation to the whiting EFP 
was approved, the industry declined to participate.
    (2) The second EFP was for a new, enhanced data collection program 
that applied to the other groundfish fisheries. The application was 
submitted by the State of Oregon, but could include involvement by the 
States of Washington and California as well. This is a multi-year 
cooperative data collection program with the industry and state and 
Federal governments. Twenty vessels participated in 1996. The purpose 
of the experiment was to monitor trip-limit-induced discards and the 
bycatch of salmon and non-target species in the groundfish trawl 
fishery. All participating vessels were required to land salmon caught 
incidentally in groundfish trawl gear and to keep enhanced logbooks 
required by the States. Some vessels were required to carry at-sea 
observers to monitor trip-limit induced discards, and some vessels 
could have been required to bring virtually their entire catch to shore 
for additional monitoring although this did not occur in 1996.
    (3) The third EFP application was to collect reproductive samples 
for sablefish to test assumptions in the stock assessment for that 
species. An EFP was needed because the vessel would be authorized to 
land 500 lb (227 kg) in excess of the cumulative trip limit for trawl-
caught sablefish (for a total of 5 mt in 1996), and could sell the 
scientific samples. A state or Federal scientist would be aboard every 
trip to gather the biological data. Although this permit was approved 
and issued, it had not been used at the time this notice was prepared 
in late 1996; sampling normally occurs late in the year.

VII. Renewal of EFPs in 1997

    Renewal of all three EFPs was requested for 1997, some with slight 
modifications. First, the whiting EFPs described in paragraph VI.(1) 
would be continued, pending development and implementation of an FMP 
amendment that would authorize salmon to be retained and landed. 
Fishers also are concerned that their practice of dumping codends 
directly in the hold would make monitoring of trip limits difficult, if 
not impossible, and would like the EFP continued because overages are 
forfeited but no penalty results. The scope of the experiment and level 
of participation would be the same as in 1996.
    Second, continuation of the enhanced data collection program 
described in paragraph VI.(2) also was requested, with some 
modifications. The major change would enable data to be obtained on a 
vessel throughout its fishing activities in a month, even if not 
fishing for groundfish. This would provide information on groundfish 
bycatch in other fisheries (particularly shrimp fisheries) and on a 
fisher's choice to pursue alternative fisheries or fishing strategies. 
The program also could be expanded to include whiting fisheries when 
the whiting EFP no longer is in effect.
    The third is renewal of the EFP to gather biological information on 
sablefish, as described in paragraph VI.(3) to confirm or improve data 
used

[[Page 720]]

in the stock assessment. This experiment would allow one vessel to 
retain 25 fish in excess of the trawl trip limit for sablefish and is 
not expected to exceed 10 mt per year. It differs from the 1996 permit 
in that a state or Federal scientist would not need to be aboard every 
trip, but would be required to be present when the vessel offloads to 
gather the scientific samples. Also, the scientific samples would not 
necessarily be sold; they also could be distributed to a food bank or 
otherwise disposed of consistent with state and Federal law.
    Requests for these renewals were presented at the Council's October 
1996 meeting. The Council recommended renewal of all three in 1997. 
Comments on the three EFP programs for 1997 were invited at the October 
1996 Council meeting. If approved, the whiting EFPs could be issued as 
early as March 1 for vessels delivering in the State of California, and 
mid-April for vessels delivering in Washington and Oregon; and the EFP 
for sablefish could be issued early in 1997. The decision on whether to 
issue EFPs and determinations on appropriate permit conditions will be 
based on a number of considerations, including the Council's 
recommendations and comments received from the public.

Classification

    The final specifications and management measures for 1997 are 
issued under the authority of, and are in accordance with, the 
Magnuson-Stevens Act and 50 CFR parts 600 and 660 subpart G (the 
regulations implementing the FMP).
    Much of the data necessary for these specifications and management 
measures came from the current fishing year. Because of the timing of 
the receipt, development, review, and analysis of the fishery 
information necessary for setting the initial specifications and 
management measures, and the need to have these specifications and 
management measures in effect at the beginning of the 1997 fishing 
year, there is good cause under 5 U.S.C. 553(b)(B) to waive prior 
notice and opportunity for public comment for the specifications and 
management measures. Amendment 4 to the FMP, implemented on January 1, 
1991, recognized these timeliness considerations and set up a system by 
which the interested public is notified, through Federal Register 
publication and Council mailings, of meetings and of the development of 
these measures and is provided the opportunity to comment during the 
Council process. The public participated in GMT, Groundfish Advisory 
Subpanel, Scientific and Statistical Committee, and Council meetings in 
August and October 1996 where these recommendations were formulated. 
Additional public comments on the specifications and management 
measures will be accepted for 30 days after publication of this 
document in the Federal Register. The Assistant Administrator (AA) will 
consider all comments made during the public comment period and may 
make modifications as appropriate.
    An Environmental Assessment (EA) was prepared for the tribal 
groundfish rule that supported the AA's determination that the proposed 
1996 Makah allocation would have no significant impact on the human 
environment. NMFS has updated the 1996 EA and has concluded that the 
1997 Makah allocation will have no significant impact on the human 
environment.
    The Administrative Procedure Act requires that publication of an 
action be made not less than 30 days before its effective date unless 
the AA finds, and publishes with the rule, good cause for an earlier 
effective date (5 U.S.C. 553(d)(3)). These specifications announce the 
harvest goals and the management measures designed to achieve those 
harvest goals in 1997. 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, 1997.
    The tribal whiting allocation is developed following, as much as 
possible, the annual process for developing fishery specifications and 
management measures. This is because the information developed in this 
process (such as the ABC and HG for whiting) is important in the 
allocation process. In addition, the annual groundfish process provides 
the best opportunity to the interested public to receive notification 
of the proposed allocation and to provide comments. As described above 
in the response to public comments, the public received notice through 
the August and October Council meetings and Council newsletters. It is 
important to announce the tribal allocation with the other 
specifications and management measures so the affected industry will 
know the amount of whiting available to the various sectors and will be 
able to plan accordingly.

    Dated: December 30, 1996.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-33402 Filed 12-31-96; 2:35 pm]
BILLING CODE 3510-22-W