[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1316-1340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34851]



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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Parts 600 and 660



Magnuson Act Provisions; Foreign Fishing; Fisheries off West Coast 
States and in the Western Pacific; Pacific Coast Groundfish Fishery; 
Rule and Proposed Rule

  Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 981231333-8333-01 ; I.D. 121498A]
RIN 0648-AM12


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: 1999 groundfish fishery specifications and management measures; 
partial disapproval of open access Sebastes monthly cumulative limit; 
request for comments.

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SUMMARY: NMFS announces the 1999 fishery specifications and management 
measures for groundfish, with the exception of whiting, 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 levels of the acceptable biological catch (ABC) and optimum yields 
(OYs), including the distribution between domestic and foreign fishing 
operations. The commercial OYs (formerly called ``harvest guidelines,'' 
``HGs,'' or quotas) are allocated between the limited entry and open 
access fisheries. The management measures for 1999 are designed to keep 
landings within the OYs for those species for which there are OYs, 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. NMFS also announces partial disapproval of a 
particular open access monthly cumulative limit for Sebastes complex 
species.

DATES: Effective 0001 hours (local time) January 1, 1999, until the 
2000 annual specifications and management measures are effective, 
unless modified, superseded, or rescinded. The 2000 annual 
specifications and management measures will be published in the Federal 
Register. Comments on the 1999 annual specifications and management 
measures will be accepted until February 8, 1999.

ADDRESSES: Send comments on these specifications and management 
measures to Mr. William Stelle, Jr., Administrator, Northwest Region 
(Regional Administrator), NMFS, 7600 Sand Point Way N.E., BIN C15700, 
Bldg. 1, Seattle, WA 98115-0070; or Mr. William Hogarth, Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213. Information relevant to these specifications and 
management measures, which includes an environmental assessment (EA) 
and 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 offices of the NMFS Northwest Regional 
Administrator and at the office of the NMFS Southwest Regional 
Administrator, or may be obtained from the Pacific Fishery Management 
Council (Council), by writing to the Council at 2130 SW Fifth Avenue, 
Suite 224, Portland, OR 97201, or by contacting Lawrence Six at 503-
326-6352.

FOR FURTHER INFORMATION CONTACT: Katherine King or Yvonne deReynier 
(Northwest Region, NMFS) 206-526-6140; or James Morgan (Southwest 
Region, NMFS) 562-980-4000.

SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications 
for groundfish be evaluated each calendar year, that OYs be specified 
for species or species groups in need of additional protection, and 
that management measures designed to achieve the OYs 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 
1999 fishery specifications and the management measures designed to 
achieve them for all groundfish managed under the FMP except whiting 
(see proposed rule section of this Federal Register issue for 
preliminary ABC/OY specifications and proposed allocation of OY to 
Washington coastal tribal fisheries). These final specifications and 
measures were considered by the Council at two meetings and were 
recommended to NMFS by the Council at its November 1998 meeting in 
Portland, OR.

I. Final Specifications

    The fishery specifications include ABCs, the designation of OYs, 
which may be represented by harvest guidelines (HGs) or quotas for 
species that need individual management, the apportionment of the OYs 
between domestic and foreign fisheries, and allocation of the 
commercial OYs between the open access and limited entry segments of 
the domestic fishery. As in the past, these 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).
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) was amended in 1996 by Public Law 94-265. The 
Council has submitted Amendment 11 to the FMP which, if approved, will 
make the FMP consistent with the 1996 Magnuson-Stevens Act amendments. 
The decision regarding approval or disapproval of Amendment 11 is 
expected in spring 1999. The provisions in Amendment 11 for setting OYs 
are, for the most part, more conservative than in the current FMP. The 
OYs and ABCs recommended by the Council and announced in this document 
are intended to be consistent with the Magnuson-Stevens Act, the 
existing groundfish FMP, and Amendment 11.

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ABC Policy/Overfishing

    The current FMP defines overfishing as the fishing mortality rate 
(F) that would reduce spawning potential to 20 percent of the unfished 
level. This is referred to as a F20 rate. The Council has a policy of 
setting the ABC according to a constant fishing mortality rate that 
would approximate maximum sustainable yield (MSY). This rate has 
typically been F35, so is more conservative than the F20 overfishing 
rate. Under the revised Magnuson-Stevens Act, the FMP must prevent 
overfishing, which is defined in the National Standard Guidelines (63 
FR 24212, May 1, 1998) as exceeding the fishing mortality rate needed 
to produce the maximum sustainable yield (Fmsy). Therefore the 1999 
ABCs equal, but do not exceed Fmsy, as exceeding Fmsy would constitute 
overfishing. This new approach is more conservative and less flexible 
than allowed by the current FMP.
    In 1999, the Council continued its use of default harvest rates as 
a proxy for Fmsy (and thus for ABC). In most cases, the default Fmsy 
proxy is F40 for rockfish and F35 for other groundfish species, but it 
may be superseded based on better scientific information. (The 
thornyhead ABCs are currently based on F35, although they are included 
as rockfish in the definitions at 50 CFR 660.302.) ``F40'' means the 
fishing mortality rate that reduces the spawning potential per recruit 
to 40 percent of the unfished condition. For faster growing stocks, or 
stocks with quicker recruitment, a higher fishing mortality rate may be 
used, such as F35, which reduces the spawning potential to 35 percent 
of the unfished condition, and therefore means higher catches than F40. 
Under this policy, MSY is a constant fishing mortality rate (i.e., 
exploitation rate) that is a limit. In other words, a constant fraction 
of the stock may be harvested each year. The ABC for a species 
generally is derived by multiplying the exploitation rate (F40 or F35) 
times the current biomass estimate.
    Figure 1 (in the following section on the default OY policy) 
illustrates the relationship between current biomass levels and 
recommended catch. The default exploitation rate (F35 or F40) is 
represented by the line labeled ``ABC.'' ABC is graphically determined 
by finding the current biomass level on the horizontal axis, then 
finding the corresponding point on the line labeled ABC, and then 
reading the corresponding catch off the vertical axis.
    The 1999 ABCs, which are based on the best available scientific 
information, represent the total fishing mortality (in most cases 
synonymous with total catch). Stock assessment information considered 
in determining the ABCs is available from the Council and was made 
available to the public before the Council's November 1998 meeting as 
stock assessment documents and reports, which will be compiled into the 
Council's SAFE document (see ADDRESSES). Additional information is 
found in the EA prepared by the Council for this action, the SAFE 
document for the 1999 specifications, and documents available at the 
November 1998 Council meeting. All ABCs are expressed as total catch 
(landings plus discards) and apply only to U.S. waters unless otherwise 
specified, even if the assessments included Canadian waters.

Default OY Policy

    The Council also has adopted a new, precautionary policy for 
establishing OY, which is intended to comply with the new Magnuson-
Stevens Act requirements (Figure 1).
[GRAPHIC] [TIFF OMITTED] TR08JA99.004


    Regarding this policy, if the stock biomass is larger than the MSY 
biomass (Bmsy, i.e. B40% in Figure 1, where F40 is the proxy for Fmsy), 
the OY may be set equal to or less than ABC.
    If the stock biomass is believed to be equal to or smaller than 
Bmsy, a precautionary OY threshold is established at the MSY biomass 
size. A stock whose current biomass is between 25 percent of the 
unfished level and the precautionary threshold is said to be in the 
``precautionary zone.'' The Council's default OY harvest policy 
(represented by the line labeled ``40-10 default OY'' in Figure 1) 
reduces the exploitation rate when a stock is at or below its 
precautionary threshold. The farther the stock is below the 
precautionary threshold, the greater the reduction in OY will be 
relative to the ABC, until, at B10 percent, the OY would be set at 
zero. This is, in effect, a default rebuilding policy that will foster 
quicker return to the Bmsy level than would fishing at the ABC level.
    If a stock falls below 25 percent of its unfished biomass (B25 
percent), it is considered overfished, and the Council is required to 
develop a formal

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rebuilding plan within the following year. However, the Council may set 
the OY higher than the default OY harvest policy requires if justified, 
and as long as the OY does not exceed the ABC (Fmsy) harvest rate and 
is consistent with the requirements of the Magnuson-Stevens Act and the 
NOAA National Standard Guidelines.
    Additional precaution may be added on a case-by-case basis at any 
level of current biomass, and may be warranted by uncertainty in the 
data or by higher risks of being overfished.

Other OY considerations

    In past years, some HGs (now called OYs) were expressed in terms of 
landed catch (Dover sole, sablefish, thornyheads, widow rockfish), and 
some were expressed in terms of total catch (Sebastes complex, whiting, 
lingcod). Although there were good reasons for these differences, it 
became difficult to keep them straight. In 1999, all OYs and 
allocations will represent total catch, and where possible, the 
expected landed catch equivalent will be presented. This approach will 
provide greater management flexibility if new information becomes 
available inseason because managers will then be able to make inseason 
modifications to discard estimates, and to the amount that may be 
landed. In this document, harvest amounts before 1999 are expressed as 
harvest guidelines or HGs, and harvest amounts for 1999 are expressed 
as optimum yields or OYs.
    Those species or species groups managed with HGs in 1998 will 
continue to be managed with OYs (which are HGs) in 1999. In addition, 
new OYs are established for chilipepper and splitnose rockfish, which 
are removed from the Sebastes complex in the Eureka, Monterey, and 
Conception areas. The Sebastes complex consists of all rockfish managed 
by the FMP except chilipepper in the Eureka, Monterey, and Conception 
area (which is removed from the complex in 1999), Pacific ocean perch 
(POP) in the Vancouver and Columbia areas, widow rockfish coastwide, 
shortbelly rockfish coastwide, splitnose rockfish in the Eureka, 
Monterey, and Conception areas (which is removed from the complex in 
1999), and thornyheads north of Pt. Conception (34 deg.27' N. lat.). 
However, in areas where the above listed individual species are not 
prevalent, they are included in the ABC for the ``remaining rockfish'' 
or ``other rockfish'' component of the Sebastes complex.

1999 ABCs and OYs

    The derivation of the ABCs and OYs for the individual groundfish 
species are explained below and in Table 1. to this document. 
Derivations of commercial OYs, limited entry and open access 
allocations, and landed catch equivalents appear in the footnotes to 
Table 1 to this document. Recreational catch estimates provided by the 
Recreational Fishery Information Network (RecFIN) have been deducted, 
along with estimates of harvest by treaty tribes, when calculating the 
commercial OYs.

Lingcod

    Lingcod is considered overfished under the new definitions because 
the lingcod stock was estimated to be at about 9 percent of its 
unfished biomass level. The most recent assessment (1997) addressed the 
entire Vancouver area (including Canada), and the Columbia area. The 
ABC for the U.S. portion of the Vancouver-Columbia area is 450 mt, the 
same as in 1998, based on the F35 harvest rate and the U.S.-Canada 
biomass distribution determined by the NMFS surveys (44 percent in U.S. 
waters). Because no new assessment was available for more southern 
waters, the same 60-percent reduction from the 1997 ABC that was 
applied to the U.S. Vancouver-Columbia area was applied to the Eureka, 
Monterey, and Conception areas, resulting in ABCs of 139 mt, 325 mt, 
and 46 mt, respectively. As a result, the coastwide ABC for lingcod in 
U.S. waters is 960 mt. If Canadian waters had been included, the ABC 
would have been 1,532 mt.
    According to the default policy in Amendment 11, the OY for lingcod 
would be set at zero. However, considerable discussion confirmed that a 
zero OY would not eliminate fishing mortality because lingcod are 
unavoidably caught incidentally to other directed fisheries. Further 
reductions in fishing mortality of lingcod could only be achieved by 
substantial reductions, if not elimination, of other fisheries that 
inadvertently take lingcod, including recreational fisheries. The 1999 
OY is set at 730 mt (down from 838 mt for total catch in 1998) to 
accommodate unavoidable bycatch and to avoid massive disruption of 
commercial and recreational fisheries in the interim while a rebuilding 
plan is being developed. Even at an OY of 730 mt, some stock rebuilding 
is expected to occur.

Whiting

    A new stock assessment for whiting is expected in early 1999, so 
the Council has delayed its recommendation of a whiting ABC and OY 
until March 1999. The preliminary ABC and OY is discussed elsewhere in 
this Federal Register.

Sablefish

    The sablefish biomass north of 36 deg. N. lat. is believed to be at 
37 percent of its unfished biomass, based on a combination of two new 
stock assessments. The 1999 ABC for sablefish, based on F35, is 9,692 
mt north of 36 deg. N. lat. (the Monterey-Conception area border), 
compared to 5,200 mt in 1998. Although the Fmsy proxy for sablefish 
remains at F35, the range of uncertainty in the assessments prompted 
the Council to recommend using the more conservative F40 harvest rate, 
in addition to the precaution provided by the ``40-10'' policy, in 
establishing the OY for 1999. Even with these precautionary measures, 
the 7,919 mt OY in 1999 is substantially higher than in 1998 (a 4,680 
mt landed catch HG, equivalent to a total catch of 5,200 mt).
    The ABC and OY for sablefish in the Conception area (south of 
36 deg. N. lat.) are based on estimated landings in that area of 472 
mt, with landed catch equivalents of 425 mt. The only difference 
between 1998 and 1999 is the conversion from a landed catch HG in 1998 
to a total catch OY in 1999. There are no limited entry and open access 
allocations for Conception area sablefish at this time.

Jack mackerel

    Only jack mackerel north of 39 deg.00' N. latitude are managed by 
the FMP. The ABC and OY of 52,600 mt include waters beyond 200 nm. This 
species will be included in the Coastal Pelagics Fishery Management 
Plan, which is expected to be approved in 1999, at which time it will 
be removed from the Pacific Groundfish FMP.

Dover sole

    The Dover sole biomass is believed to be larger than the level 
needed to produce MSY. The 1997 assessment evaluated the resource north 
of 36 deg. N. lat. as a unit, and provided an ABC for landed catch 
using the F35 harvest rate, which was converted to total catch based on 
an estimate that 5 percent of the total catch is discarded. The 
Conception area ABC is at the level established in the original FMP. 
The 1999 coastwide ABC and OY for Dover sole are equal, at 9,426 mt, 
with a landed catch equivalent of 8,955 mt. The only change from 1998 
is the conversion from a landed catch HG in 1998 to a total catch OY in 
1999.

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Chilipepper

    A new stock assessment conducted in 1998 that indicated that 
chilipepper is a healthy stock, and that the biomass is believed to be 
larger than the level needed to produce MSY. ABCs have been set 
conservatively in the past in order to slow fishing down to MSY and to 
control levels of bycatch of bocaccio, an overfished species. Fishers 
now claim that 1998 bocaccio limits were so small that they were no 
longer targeting bocaccio. Recent trip frequency analyses have 
confirmed that few vessels are achieving bocaccio limits, indicating a 
lack of direct bocaccio targeting. In 1998, the ABC for chilipepper 
rockfish was 3,400 mt and there was no separate HG (now called OY); it 
was managed as one of the combined species in the Sebastes complex in 
the Eureka, Monterey, and Conception areas. In 1999, the ABC is set at 
3,724 mt, the expected 3-year average yield of fishing at F40. Fishing 
at this rate with average recruitments would reduce the spawning output 
to 43 percent of its unfished levels in 3 years. For the first time in 
1999, an OY and limited entry and open access allocations are specified 
for chilipepper. The OY, which equals ABC (and applies to the same 
area), is based on the new assessment and application of the F40 
harvest rate.
    Landings of chilipepper have averaged about 2,000 mt over the last 
3 years, well below the ABC. For 1999, the Council recommended 
separating chilipepper from the Sebastes complex in the Eureka, 
Monterey, and Conception areas, to encourage fishers to fish more 
specifically for chilipepper. Moreover, because chilipepper stocks 
represent a relatively large percentage of southern Sebastes stocks, 
leaving them in the complex would inflate the overall trip limit for 
the complex, which could lead to inappropriately high harvest of other 
species in the complex that need protection.
    The Council considered setting the OY at the 2,000 mt recent catch 
level because of concerns over the bycatch of bocaccio taken with 
chilipepper. Instead, the Council recommended that the OY be set equal 
to ABC. The catch ratio of bocaccio to chilipepper has declined in 
recent years and the Council heard testimony from fishers who felt they 
could fish for chilipepper selectively and would increase their harvest 
of that species if not constrained by the Sebastes trip limit. The 
inability to harvest the chilipepper ABC in recent years may be due to 
market limitations, or may be an artifact of management measures 
imposed on other components of the Sebastes complex, particularly 
bocaccio. Leaving the chilipepper OY at about the same level as in 
1998, but separating it from the Sebastes complex, will provide 
information on whether the relatively low landings of chilipepper were 
in some part due to low limits on bocaccio. However, it should be noted 
that development of a rebuilding plan for bocaccio next year may result 
in further restrictions on chilipepper.

POP

    A new stock assessment conducted in 1998 confirmed that POP is at 
13 percent of its unfished biomass and, thus, is considered overfished. 
POP was depleted off Washington, Oregon, and California by foreign 
fishing during the 1960s and early 1970s. In 1981, a rebuilding program 
was established for POP in the Vancouver and Columbia areas. (POP are 
not common in the more southern areas.) POP are part of multi-species 
groundfish catches and cannot be completely avoided when harvesting 
other groundfish species. POP are taken as bycatch in fisheries for 
other rockfish, arrowtooth flounder, and Dover sole. For many years, 
the ABC for POP has been set at ``zero,'' but a low level of landings 
(650 mt in 1998) has been allowed to avoid the waste of fish that would 
otherwise be discarded. The annual HGs were intended only to 
accommodate the catch of fish that would be discarded, and were not 
intended to encourage targeting. Even if retention of POP were 
prohibited, it would not substantially reduce fishing mortality because 
POP are caught in small amounts in other fisheries, particularly in 
fisheries for other rockfish species. Because strong year classes, 
which are necessary to rebuild the stock, occur infrequently, the lack 
of rebuilding to date is not unexpected.
    Based on the F40 exploitation rate and the new assessment, the 1999 
ABC for POP is 695 mt (whereas it was set at zero in recent years). 
Under the default OY policy and using the F40 exploitation rate, the OY 
for POP would be 214 mt, much lower than the 1998 OY of 650 mt that was 
intended to be an estimate of true incidental landings. If current 
landings are all truly incidental, then imposing lower trip limits will 
create bycatch and discards from a portion of current landings. Under 
this assumption, POP mortality likely cannot be reduced without some 
form of effort control on other fishing strategies, such as reductions 
in limits for other species or time/area closures. To the extent that 
some current POP catches result from targeting, there is a potential to 
reduce current fishing mortality by lowering current limits, although 
this would likely increase discards by some fishers. Consequently, 
instead of using the default OY policy, the Council adopted a 1999 OY 
of 500 mt, which is close to the level of landings in 1998. If a 16-
percent discard rate is assumed, the total catch equivalent would be 
595 mt. A new rebuilding plan will be developed for POP under the 
provisions of the Magnuson-Stevens Act. The POP stock assessment 
indicates that accommodating catches at this level in 1999 while a 
rebuilding plan is being developed does not appear to lead to further 
stock decline.

Splitnose rockfish

    Like chilipepper, splitnose rockfish also have been removed from 
the Sebastes complex in the Eureka, Monterey, and Conception areas. 
This species was particularly available to fishing gear in 1998, and it 
was dominating much of the Sebastes landings. The 1999 ABC of 868 mt is 
the same as in 1998, when splitnose rockfish was managed under Sebastes 
complex limits. The new OY, which is established for the first time in 
1999, is equal to the ABC.

Widow rockfish

    As in 1998, the 5,750-mt total catch ABC for widow rockfish is 
based on the F40 harvest rate, which is the current MSY proxy for 
rockfish species. The stock is believed to be at 29 percent of its 
unfished biomass, so the default harvest policy is used to derive the 
OY. The 1999 OY of 5,023 mt is very close to the 1998 harvest guideline 
(5,090 mt).

Shortspine thornyheads

    Shortspine thornyheads are a valuable and small component of the 
fishery that also includes Dover sole, longspine thornyheads, and 
trawl-caught sablefish (the DTS complex). The 1998 1,000 mt shortspine 
thornyhead ABC applied from the U.S./Canada border south to Pt. 
Conception and included 175 mt for the area between Pt. Conception and 
36 deg. N. lat.; therefore, the portion of the 1998 ABC that would have 
applied north of the Conception area is 825 mt. The 1999 ABC for 
shortspine thornyheads of 1,261 mt is based on a new assessment, and 
applies north of the Conception area. Because shortspine thornyheads 
are at 32 percent of their unfished biomass, the default ``40-10'' OY 
policy was used to determine the 1999 OY of 1,150 mt. However, both the 
ABC and OY are based on the F35 harvest rate, which is more liberal 
than the F40 harvest rate for most other rockfish. Although other 
rockfish have been managed under an F40 harvest rate, the

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Groundfish Management Team (GMT) has accepted use of F35 in setting the 
shortspine thornyhead ABC. Use of the F40 harvest rate policy, rather 
than F35 in 1999, would have lowered the OY by about 200 mt, but would 
not have changed the ratio of the current biomass relative to the 
unfished biomass level. Even under the F35 harvest rate 
policy, the 1999 OY is more conservative than in 1998. The 1999 total 
catch OY of 1,150 mt has a landed catch equivalent of 805 mt north of 
36 deg. N. lat., which is lower than the 1,082 mt landed catch HG for 
the same area in 1998.
    The Council discussed applying additional precaution in light of 
the considerable uncertainty in the assessment results for shortspine 
thornyheads. There are concerns with the data, as it is very limited 
and is a major factor in the uncertainties arising from the assessment. 
Although the Council's GMT indicated that there is a 57-percent chance 
that the stock is not overfished, it also indicated a corresponding 43 
percent chance that the stock is already overfished. However, assuming 
that the stock is at 32 percent of the unfished biomass, the assessment 
also indicates that setting the OY at 1,150 mt is not likely to 
significantly worsen the stock condition over the next 3 years, and in 
fact may not change the biomass level to any great extent. In 1999, a 
separate ABC and OY apply to the small portion of the Conception area 
that is north of Pt. Conception (34 deg.27'--36 deg.00' N. lat.). The 
ABC and OY for this small area remain at 175 mt, with landed catch 
equivalents of 123 mt. The southern Conception area has neither an ABC 
nor OY.

Longspine thornyheads

    The longspine thornyhead biomass is believed to be larger than the 
level needed to produce MSY. Management measures are set more 
conservatively for longspine thornyheads to protect shortspine 
thornyheads, which often are taken in the same catch. As in 1998, the 
ABC for longspine thornyheads is 4,102 mt, which applies to the 
Vancouver, Columbia, Eureka, and Monterey areas. The OY is set equal to 
ABC; the increase from 1998 to 1999 represents only the conversion from 
a landed catch HG to a total catch OY. For the Conception area north of 
Pt. Conception, the ABC and OY are set at 429 mt, based on the average 
1995-1996 landings. The southern Conception area has neither an ABC nor 
an OY.

Sebastes complex

    For derivation of the ABCs and OYs, which are based on the ABCs and 
OYs of the component species, see footnote o/ of Table 1 to this 
document.

Bocaccio

    Bocaccio is at only 7 percent of its unfished biomass and, 
therefore, is overfished under the new FMP definition. The ABC of 230 
mt, the same as in 1998, is based on F40 and applies to the Eureka, 
Monterey, and Conception area. Under the default harvest policy, the OY 
would be set at zero. However, prohibiting landings of bocaccio would 
not eliminate fishing mortality and would increase discards because it 
is unavoidably caught, in very small amounts, in other fisheries. There 
appears to be no immediate or plausible solution as to how to reduce 
fishing mortality of bocaccio significantly in 1999 without severely 
constraining landings of other, more valuable species in the Sebastes 
complex. Consequently, the Council recommended an OY of 230 mt, the 
same as in 1998, in part because fishing mortality would not be reduced 
by a complete prohibition on retention, and in part due to unavoidable 
harvest in the recreational fishery. The recreational sector is 
expected to take 80 mt of bocaccio in 1999, and the commercial sector 
is expected to harvest 150 mt. Nonetheless, the Council will be 
developing a rebuilding program in the next year for bocaccio, for 
implementation in 2000, which very well may include reducing target 
fisheries on associated species. Bocaccio in the Vancouver and Columbia 
areas is included in ``remaining rockfish,'' and the 1999 ABC for this 
area is 424 mt, the same as in 1998.

Canary Rockfish

    The ABC for canary rockfish in the Vancouver-Columbia area remains 
at 1,045 mt and is based on the F40 level. Canary rockfish is believed 
to be at 26 percent of its unfished biomass. Therefore, the default 
harvest policy for stocks in the precautionary zone was used to derive 
an OY of 857 mt.

Yellowtail Rockfish

    Yellowtail rockfish is believed to be at 39 percent of its unfished 
biomass. The yellowtail rockfish assessment in 1997 provided an ABC of 
4,657 mt for the Vancouver-Columbia-Eureka areas, including Canada. The 
U.S. portion is estimated to be 3,539 mt, 76 percent of the U.S.-Canada 
ABC, based on the survey biomass estimate for the portion of the 
assessment area in U.S. waters. The 3,465-mt ABC for the Vancouver/
Columbia area in Table 1. to this document was derived by subtracting 
74 mt for the Eureka area. The 3,435 mt OY is based on the F40 yield 
and the default harvest policy.

Blackgill Rockfish

    An ABC of 365 mt, based on F40, is added for the first time for 
blackgill rockfish, which applies to the Conception area. Blackgill 
rockfish, which are included in the ``remaining rockfish'' category of 
the Sebastes complex, are believed to be at 51 percent of their 
unfished level. This stock previously was included in ``other 
rockfish'' and did not have an individual ABC. The ABC for ``other 
rockfish'' has been reduced, and the ABC for ``remaining rockfish'' has 
been increased, by 365 mt.
    Summary: Overfishing, Overfished, and Approaching an Overfished 
Condition.
    The status of the resource is evaluated with regard to the 
Magnuson-Stevens Act standards, using the standards and criteria in 
Amendment 11 to the FMP.

Overfishing

    None of the 1999 ABCs are knowingly set higher than Fmsy or its 
proxy, none of the OYs are set higher than the corresponding ABCs, and 
the management measures announced herein are designed to keep harvest 
levels within the specified OYs. Therefore, overfishing, which means 
fishing above ABC, is not expected to occur on any groundfish species 
for which there is information in 1999.

Overfished

    Three species are believed to be overfished, which means that their 
current biomass is less than 25 percent of the unfished biomass level: 
lingcod, POP, and bocaccio. Rebuilding plans will be developed for the 
species, as required by the Magnuson-Stevens Act.

Approaching a Condition of Being 0verfished

    This condition applies to those species that currently are not 
overfished, but are expected to be overfished in 2 years. The most 
recent information indicates that canary rockfish is at 26 percent of 
its unfished biomass, and therefore very close to the overfishing 
threshold. Until a new stock assessment is prepared in 1999, canary 
rockfish will considered approaching a condition of being overfished.
Bycatch and Discards
    Stock assessments and inseason catch monitoring are designed to 
account for all fishing mortality, including that resulting from fish 
discarded at sea. Discards of rockfish and sablefish in the fishery for 
whiting are well monitored

[[Page 1325]]

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 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 POP. A discard estimate of 9 percent is used for 
longspine thornyheads, 30 percent for shortspine thornyheads, 5 percent 
for Dover sole, and 10 percent for sablefish.

Foreign and Joint Venture Fisheries

    For those species 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 OYs 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 an OY not apportioned to DAH 
may be set aside as the total allowable level of foreign fishing 
(TALFF). In January 1999, no surplus groundfish are available for joint 
venture or foreign fishing operations. Consequently, all the OYs in 
1999 are designed entirely for DAH and DAP (which are the same in this 
case); JVP and TALFF are set at zero.

II. Limited Entry and Open Access Fisheries

    The FMP established a limited entry program that, on January 1, 
1994, divided the commercial groundfish fishery into 2 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.
    The groundfish species that had limited entry and open access 
allocations in 1998 continue to be allocated between the 2 sectors in 
1999, with one addition. At its November 1998 meeting, the Council 
recommended that open access and limited entry allocations be 
established for chilipepper rockfish for the first time. Also, because 
the OYs are all expressed in terms of total catch, virtually all of the 
limited entry and open access allocations are expressed in terms of 
total catch (except for sablefish, which is explained here), and 
estimates of discards will be applied separately to the limited entry 
and open access allocations, as data become available. This means that, 
in 1999, estimates of trip-limit induced discards that previously were 
taken ``off the top'' before setting the limited entry and open access 
allocations (and so proportionally reduced both allocations), will 
instead be deducted only from the limited entry allocations for 
purposes of estimating the landed catch equivalents. Estimated bycatch 
of yellowtail rockfish and widow rockfish in the offshore whiting 
fishery are also deducted from the limited entry allocations to 
determine the landed catch equivalents for the target rockfish fishery. 
The landed catch equivalents are the harvest objectives used when 
adjusting trip limits and other management measures during the season. 
Although this revised process complicates the calculation of the landed 
catch equivalents for the limited entry allocations, it more 
appropriately applies the discard estimates to the fleet that is 
responsible for them. The one exception is the limited entry sablefish 
fishery, which continues to be allocated as in recent years. The 10-
percent discard estimate for this fishery continues to be deducted from 
the OY before the limited entry and open access allocations are 
calculated, as both fisheries likely experience discards, and because 
the initial allocation was based on this process. Consequently, the 
open access and limited entry sablefish allocations are expressed in 
terms of landed catch. Discards in most open access fisheries are 
believed to be small and no discard estimates are applied to the open 
access fishery at this time, but may be applied during the season if 
information becomes available. As a result, the OYs and landed catch 
equivalents for the open access fisheries are the same in 1999, with 
the exception of sablefish.
    Following these procedures, the Regional Administrator calculated 
the amounts of the allocations that are presented in Table 1 to this 
document. Unless otherwise specified, the limited entry and open access 
allocations are treated as OYs in 1999. There may be slight 
discrepancies from the Council's recommendations due to rounding.

Open Access Allocations

    The open access fishery is composed of vessels that operate under 
the OYs, 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 limited entry 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 Pt. 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 OY, or if there is a set-aside for 
recreational, tribal, or compensation for resource survey fishing, this 
is first deducted and then the percentage is applied to the commercial 
OY. (The commercial OY is the annual OY after subtracting any set-
asides for recreational or tribal fishing or compensation for 
conducting resource surveys.) 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. Landed catch equivalents may be presented that estimate 
expected discards, and that represent the amount of landings that the 
management measures are designed to achieve.

Limited Entry Allocations

    The limited entry fishery means the fishery composed of vessels 
using limited entry gear fished pursuant to the OYs, 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 Pt. Arena, CA.) Beginning in 1997, a sablefish 
endorsement also is required to operate in the limited entry non-trawl 
regular or mop-up seasons for sablefish.
    The limited entry allocation (in total catch) is the OY reduced by: 
(1) Set-asides, if any, for treaty Indian fisheries, recreational 
fisheries, or compensation fishing for participation in resource 
surveys (which results in the commercial OY or quota); and (2) the open 
access allocation. Allocations for Washington coastal tribal fisheries 
are discussed in paragraph V and, for whiting, elsewhere in this 
Federal Register issue.

[[Page 1326]]

III. 1999 Management Measures

    Projections of landings in 1998 are based on the information 
available to the Council at its November 1998 meeting (Supplemental GMT 
Report B.5., November 1998), unless otherwise noted.

Limited Entry Fishery

    The management measures for vessels operating in the 1999 limited 
entry fishery are designed to keep landings within the OYs or limited 
entry allocations. Cumulative trip limits continue to be used for most 
of the limited entry fishery, which allow fishers to fish up to a 
specified limit during a period of time without a limit on the number 
of landings. Cumulative period limits have been used in recent years 
instead of single trip landing limits in order to minimize bycatch and 
discards. However, declining OYs have resulted in declining cumulative 
limits, which have been associated with increased bycatch and discard 
levels. For 1999, the Council recommended that NMFS eliminate the 2-
month cumulative limit period system, where no more than 60 percent of 
a 2-month limit could be taken in either calendar month. Instead, the 
Council recommended an industry proposal that divides the fishing year 
into three different phases, with specified limits for different time 
periods for each species in each phase that are designed to keep 
landings within the OYs. Under this new system, cumulative period 
limits are set to minimize discards by distributing species cumulative 
limits in a way that encourages fishers to direct fishing effort on 
particular species when those species are most concentrated. For 
example, the cumulative trip limits for Dover sole are highest in the 
winter months, when Dover sole aggregates in large numbers and is less 
likely to be caught in association with other species.
    For most species caught in the limited entry fishery, there will be 
no monthly limit within the cumulative landings limit periods within 
each phase. Phase 1 is a single cumulative limit period that is 3 
months long, from January 1-March 31. A 3-month period early in the 
year is sensible because effort tends to be lower at that time, fishing 
trends are difficult to discern, and there would be little, if any need 
to adjust trip limits during that period. Also, safety would be 
enhanced by providing greater flexibility to fishers in deciding when 
to fish during winter months. Phase 2 consists of 3 separate 2-month 
cumulative limit periods of April 1-May 31, June 1-July 31, and August 
1-September 30. Two-month cumulative trip limit periods from April 
through September are similar to the periods used in recent years. 
Phase 3 consists of 3 separate one-month cumulative limit periods of 
October 1-31, November 1-30, and December 1-31. One-month periods, as 
used in recent years, provide maximum flexibility for adjusting trip 
limits at the end of the year to ensure that OYs and allocations are 
not exceeded. Within all cumulative limit periods, there will be 
monthly cumulative limits for POP and for bocaccio in order to 
discourage targeting on those species.
    Harvest rates and landings will be monitored throughout the year 
and cumulative limits may be raised or lowered to ensure that the 
fishery has access to the OYs for managed species without exceeding 
those OYs. However, the Council noted that if catches in the earlier 
cumulative limits periods are below expected levels, cumulative trip 
limits for mid-year periods may not be adjusted upward to give fishers 
access to earlier period underages. The 1-month cumulative limit 
periods at the end of the year give the Council more flexibility to 
meet OYs than the larger mid-year periods.
    Mid-water trawl whiting fisheries and limited entry, nontrawl 
sablefish fisheries are managed separately from the majority of the 
groundfish species and will not be included in the three-phase 
cumulative trip limit system. Whiting season start dates and the 2-
month cumulative limit periods for the nontrawl sablefish daily trip 
limit fisheries will remain unchanged from 1998.
    For the purposes of the restriction that limited entry permit 
transfers are to take effect only on the first day of a major 
cumulative limit period (50 CFR Sec. 660.333(c)(1)), those days in 1999 
would be January 1, April 1, June 1, August 1, October 1, November 1, 
and December 1.

Platooning

    An optional platooning system was initiated in 1997 that enables 
the limited entry trawl fleet to provide a more consistent supply of 
fish to processors. Whereas the cumulative limit periods normally begin 
on the first of a month (this is the ``A'' platoon), a vessel in the 
``B'' platoon operates under limit periods lagged by 2 weeks, from the 
16th of a month to the 15th of a month. All limited entry trawl vessels 
are automatically 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, 1999. The effective dates of changes to the cumulative trip 
limits for the ``B'' platoon will occur on the 16th of the month unless 
otherwise specified. Special provisions will be made to accommodate 
``B'' platoon vessels at the end of the year so that the same amount of 
fish is made available to both ``A'' and ``B'' platoon vessels. For 
example, a vessel in the ``B'' platoon could 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, 1999. Alternatively, the 
``B'' platoon may have 6 weeks to take the cumulative limits from the 
final 2 cumulative limit periods. 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 the future if the Council decides that the 
benefit does not outweigh technical and administrative burdens.

Open Access Fishery

    The trip limits for the open access fishery are designed to keep 
landings within the open access allocations, while allowing the 
fisheries to land groundfish for as long as possible during the year. 
In 1998 and previous years, most open access limits were linked to (and 
could not exceed) limited entry limits, so that the open access monthly 
cumulative limits for most species were 50 percent of the limited entry 
2-month cumulative limits for those species. For 1999, the limited 
entry 2-month cumulative limit system has been eliminated, and open 
access cumulative limits have been unlinked from limited entry 
cumulative limits. Open access monthly cumulative limits are described 
here, by species. Monthly cumulative limits may change during the year 
based on monitoring of the fishery's progress towards the different 
open access allocations for managed species. Open access lingcod 
landings will be allowed only from April 1-November 30, 1998, to allow 
a higher monthly limit during the 8-month season than would have been 
possible under a 12-month season.
    The nontrawl sablefish fishery north of 36 deg. N. lat. remains a 
daily trip limit fishery of 300 lb (136 kg) within a 2-month cumulative 
limit of 1,800 lb (816 kg). South of 36 deg. N. lat., the nontrawl 
sablefish daily trip limit of 350 lb (159 kg) with no monthly limit 
also remains in effect.
    The thornyhead fishery remains closed to all open access gear north 
of

[[Page 1327]]

36 deg. N. lat., and is under a 50-lb (23 kg) daily trip limit south of 
36 deg. N. lat.
    In a change from previous years, there will be a 300-lb (136 kg) 
groundfish trip limit for all exempted trawl gear, which includes the 
same daily trip limits for sablefish (300 lb (136 kg) coastwide) and 
thornyheads as all other open access gears. The open access limits for 
other groundfish species or complexes may not be exceeded, and will 
count toward the 300 lb (136 kg) groundfish cumulative trip limit. 
Unlike in past years, pink shrimp trawlers will not be permitted to 
multiply the daily trip limit for groundfish by the number of days in 
the fishing trip. This change was made to address perceptions that 
providing multi-day limits to the shrimp fishery gave the shrimp fleet 
an unfair advantage and that much of their groundfish bycatch could be 
eliminated by use of fish excluders.
    Reducing Bycatch. The Magnuson-Stevens Act defines bycatch as 
``fish which are harvested in a fishery, which are not sold or kept for 
personal use, and include economic discards and regulatory discards.'' 
In the Pacific Coast groundfish fishery, and in many other fisheries, 
the term bycatch is commonly used to describe nontargeted species that 
are landed and sold or used, and the term ``discard'' used to describe 
those that are not landed or used. Bycatch information in the 
groundfish fishery is scarce. However, the groundfish management 
measures include provisions to reduce trip limit induced bycatch and to 
account for that bycatch in its calculations and tracking of ABCs.
    Based on limited studies in the mid-1980s and information on 
species compositions in landings, the Council has developed assumed 
discard rates for sablefish, longspine and shortspine thornyheads, 
widow rockfish, canary rockfish, yellowtail rockfish, Dover sole, and 
lingcod. These discard rates are used to calculate an amount of assumed 
discard that is subtracted from the annual total catch OY to yield a 
landed catch equivalent. Although there is no exact measure of bycatch 
amounts in most fisheries, the assumed amounts are taken into account 
in this way to prevent total landings from exceeding the ABC. Certain 
species are also managed within mixed-stock complexes, like the ``DTS 
complex'' of Dover sole, thornyheads, and sablefish. For groundfish 
complex management, trip limits are set to match the known species 
catch proportions, which may mean reducing trip limits on some of the 
more abundant species to prevent bycatch of less abundant species, or 
setting trip limits at levels that vary throughout the year according 
to when particular stocks are most aggregated. The new limited entry, 
3-phase cumulative limit system is designed to encourage fishers to 
direct effort on particular species when those species are aggregated, 
or when bycatch species are less available. Longer cumulative limit 
periods, coupled with trip limits that recognize species distribution 
throughout the fishing year, will also reduce the opportunities for 
discarding groundfish in excess of trip limits.

Fishing Communities

    The Magnuson-Stevens Act requires that actions taken to implement 
FMPs be consistent with ten national standards, one of which requires 
that conservation and management measures ``take into account the 
importance of fishery resources to fishing communities in order to (A) 
provide for the sustained participation of such communities, and (B) to 
the extent practicable, minimize adverse economic impacts on such 
communities.'' Commercial and recreational fisheries for Pacific coast 
groundfish contribute to the economies and shape the cultures of 
numerous fishing communities in Washington, Oregon, and California. In 
setting this year's specifications and management measures, the Council 
took several steps to accommodate the needs of those communities within 
the constraints of requirements to protect overfished stocks and to 
prevent overfishing. In general, the Council allows the largest harvest 
possible, consistent with conservation needs of the fish stocks.
    For two of the three overfished species (lingcod and bocaccio), the 
Council could have prohibited all landings of these species, despite 
knowing that lingcod and bocaccio are caught in mixed-stock fisheries 
and that interception and incidental mortality are inevitable whether a 
retention prohibition is in place or not. Instead, the Council looked 
for some minimum level of retention in both commercial and recreational 
fisheries that would allow fishery participants to land some of their 
incidental catch of lingcod and bocaccio. As it has done with POP for 
years, the Council's goal was to set retention at some minimal level 
that would discourage targeting, while allowing fishers to land 
already-dead, incidentally caught fish. The retention levels allowed 
for each of these species are below the overfishing level, but do 
recognize that some unintentional bycatch will occur. In addition to 
these measures that cushion the socio-economic impacts of necessary 
stock protection restrictions, the Council continued the year-round 
fishery opportunity that is important to the fishermen, and 
particularly to the processing sector, in order to maintain a 
continuity of employment opportunity in fishing communities. They 
modified the trip limit system that has been used in recent years to 
extend the fishing season throughout the year by adopting a three phase 
cumulative trip limit system that was developed by a group of industry 
participants in consultation with the GMT. The three phase system and 
its benefits are explained above.
Background and Council Recommendations
    The following discussions apply to the limited entry fishery unless 
otherwise stated.

Widow Rockfish

    Limited entry. In 1998, the limited entry 2-month cumulative limit 
of 25,000 lb (11,340 kg) was in effect until May 1, at which time it 
was increased to 30,000 lb (13,608 kg). On September 1, when limited 
entry trip limits were converted to 1-month cumulative limits, the 
widow rockfish limit of 30,000 lb (13,608 kg) was converted to 15,000 
lb (6,804 kg) and was in effect until October 1, at which time it was 
increased to 19,000 lb (8,618 kg), where it remained to the end of the 
year. Landings were projected to be 3,746 mt in 1998, 5.4 percent below 
the HG (4,276 mt for landed catch). For 1999, the total catch of widow 
rockfish is reduced slightly, from 5,090 mt (total catch equivalent of 
4,276 mt 1998 HG) in 1998 to 5,023 mt (total catch OY) in 1999. Unless 
modified inseason, the 1999 widow rockfish cumulative trip limits in 
the new 3-phase management system will be: 70,000 lb (31,752 kg) in 
January-March; 16,000 lb (7,257 kg) in each 2-month period of April-
May, June-July, and August-September, and; 30,000 lb (13,608 kg) in 
each month for October, November, and December.
    Open access. The open access allocation for widow rockfish is 3.7 
percent of the commercial OY. In 1998, open access landings of widow 
rockfish were initially managed with a monthly limit that was 50 
percent of the limited entry 2-month cumulative limit, or 12,500 lb 
(5,670 kg) until May 1, when it was raised to 15,000 lb (6,804 kg). On 
July 1, the open access widow rockfish limit was separated from the 
limited entry widow rockfish limit and reduced to 3,000 lb (1,361 kg). 
From October 1 through the end of the year, all widow rockfish landings 
were prohibited, due to early attainment of the open access allocation. 
In 1999, widow rockfish landings in the open access fishery will

[[Page 1328]]

be constrained by a 2,000 lb (907 kg) monthly cumulative limit.

The Sebastes Complex (Including Yellowtail Rockfish, Canary Rockfish, 
and Bocaccio, but Excluding Chilipepper and Splitnose Rockfish)

    Limited entry. Beginning January 1, 1998 (63 FR 419, January 6, 
1998), the limited entry fishery for the Sebastes complex was managed 
under a 2-month cumulative trip limit of 40,000 lb (18,144 kg) north of 
Cape Mendocino (40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of 
Cape Mendocino. Within these 2-month cumulative limits for the Sebastes 
complex, no more than 11,000 lb (4,990 kg) could be yellowtail rockfish 
north of Cape Mendocino, no more than 2,000 lb (907 kg) could be 
bocaccio south of Cape Mendocino, and no more than 15,000 lb (6,804 kg) 
could be canary rockfish coastwide. On May 1, 1998 (63 FR 24970, May 6, 
1998), the 2-month cumulative trip limit for yellowtail rockfish was 
increased to 13,000 lb (5,897 kg) because landings had been slowed by 
unusually severe weather during the first quarter of 1998. On July 1, 
1998 (63 FR 36612, July 7, 1998), the 2-month cumulative trip limit for 
Sebastes south of Cape Mendocino was lowered to match the 40,000 lb 
(18,144 kg) limit north of Cape Mendocino because Sebastes landings in 
the southern area had been proceeding at a faster rate than had been 
anticipated. In 1998, fishers targeting Sebastes complex species south 
of Cape Mendocino encountered unusually large concentrations of 
splitnose rockfish (also known as ``rosefish''), and the resultant 
large splitnose rockfish landings drove the Sebastes harvest rate south 
of Cape Mendocino sharply upward. On September 1, 1998 (63 FR 45966, 
August 28, 1998), the 2-month trip limits were converted to 1-month 
trip limits and were set at 20,000 lb (9,072 kg) cumulative per month 
for the Sebastes complex, of which, no more than 6,500 lb (2,948 kg) 
could be yellowtail rockfish north of Cape Mendocino, no more than 
1,000 lb (454 kg) could be bocaccio south of Cape Mendocino, and no 
more than 7,500 (3,402 kg) could be canary rockfish coastwide.
    Despite the July 1 reduction to the Sebastes trip limit south of 
Cape Mendocino, rockfish landings in the southern area continued at an 
unusually fast rate, and the limits for that area were reduced again in 
October. On October 1, 1998 (63 FR 53313, October 5, 1998), the monthly 
cumulative trip limit for Sebastes complex species south of Cape 
Mendocino was reduced to 15,000 lb (6,804 kg). Coastwide landings of 
canary rockfish had also been proceeding at an accelerated rate, and at 
its September meeting, the Council announced that it expected that the 
953 mt limited entry allocation for canary rockfish would be reached by 
October 1, 1998. The Council further expected that, even if all 
landings of canary rockfish were prohibited from October 1 through the 
end of the year, fishers would still have to discard at least 500 lb 
(227 kg) per month of incidentally caught canary rockfish. Because 
incidentally caught canary rockfish are dead when brought to the 
surface, requiring fishers to discard these fish would not reduce 
fishing mortality. For this reason, the Council decided to exceed the 
1998 limited entry allocation for canary rockfish by allowing a small 
monthly trip limit of 500 lb (227 kg) within the overall Sebastes 
complex limit, effective October 1, 1998, so that fishers would not 
have to discard all of their incidentally caught canary rockfish. The 
Council expected that this amount would be small enough to discourage 
targeting on canary rockfish. Projected 1998 landings of Sebastes 
complex species north of Cape Mendocino, yellowtail rockfish north of 
Cape Mendocino, and canary rockfish coastwide are all expected to be 
within 5 percent of the limited entry allocations for those species or 
species groups. Landings of Sebastes complex species south of Cape 
Mendocino were projected to be 5,272 mt (12.7 percent above the limited 
entry allocation), while bocaccio harvest was projected to be about 
half that species' limited entry allocation.
    The Sebastes complex OY for south of Cape Mendocino has been 
significantly reduced because two of the more populous species in the 
complex, chilipepper rockfish and splitnose rockfish, have been 
separated from the Sebastes OY south of Cape Mendocino. In 1998, the 
ABC for chilipepper rockfish was 3,400 mt and there was no separate HG; 
it was managed as one of the combined species in the Sebastes complex 
in the Eureka, Monterey, and Conception areas. The splitnose rockfish 
OY of 868 mt in 1999 is the same as its 1998 ABC, when it was part of 
the 1998 overall Sebastes complex HG for south of Cape Mendocino. Trip 
limits for 1999 landings of chilipepper and splitnose rockfish in 1999 
are explained here. Unless modified inseason, the 1999 Sebastes complex 
species cumulative trip limits in the new three-phase management system 
will be 24,000 lb (10,886 kg) north of Cape Mendocino and 13,000 lb 
(5,897 kg) south of Cape Mendocino in January-March; 25,000 lb (11,340 
kg) north of Cape Mendocino and 6,500 lb (2,948 kg) south of Cape 
Mendocino in each 2-month period of April-May, June-July, and August-
September, and; 10,000 lb (4,536 kg) north of Cape Mendocino and 5,000 
lb (2,268 kg) south of Cape Mendocino in each month for October, 
November, and December. Within the Sebastes complex limits, yellowtail 
rockfish landings north of Cape Mendocino may not exceed the following 
cumulative trip limits in the three-phase management system: 15,000 lb 
(6,804 kg) in January-March; 13,000 lb (5,897 kg) in each 2-month 
period of April-May, June-July, and August-September; and 5,000 lb 
(2,268 kg) in each month for October, November, and December. Within 
the Sebastes complex limits, canary rockfish landings coastwide may not 
exceed the following cumulative trip limits in the three-phase 
management system: 9,000 lb (4,802 kg) in January-March; 9,000 lb 
(4,802 kg) in each 2-month period of April-May, June-July, and August-
September, and; 3,000 lb (1,601 kg) in each month for October, 
November, and December. Also within the Sebastes complex limits south 
of Cape Mendocino, no more than 750 lb (340 kg) per month may be 
bocaccio at any time of year.

Open Access

    Landings in the open access fishery of yellowtail, canary rockfish, 
bocaccio, and the Sebastes complex as a whole were initially 
constrained in 1998 by cumulative limits that were 50 percent of the 2-
month limited entry cumulative limits, and by accumulative limits on 
all rockfish. Most open access limits were linked to limited entry 
limits when the limited entry limit for yellowtail rockfish north of 
Cape Mendocino was increased on May 1 and, as a consequence, the open 
access limit for yellowtail increased from 5,500 lb (2,495 kg) to 6,500 
lb (2,948 kg) (63 FR 24970, May 6, 1998). However, these limits were 
believed not to be low enough to keep open access harvest rates at 
levels that could be sustained throughout the year, particularly for 
northern rockfish fisheries and for canary rockfish coastwide. South of 
Cape Mendocino, Sebastes complex harvest attainment in the open access 
fishery proceeded at a much slower rate than limited entry harvest 
attainment. Open access limits for Sebastes complex species were first 
unlinked from limited entry limits on July 1, when the ``all rockfish'' 
cumulative trip limit was replaced with a 33,000 lb (14,969 kg) monthly 
limit for Sebastes complex species coastwide, and the monthly canary 
rockfish limit was reduced from

[[Page 1329]]

7,500 lb (3,402 kg) to 200 lb (91 kg) (63 FR 36612, July 7, 1998). 
Following these changes, the open access allocations were projected to 
be reached for the Sebastes complex and yellowtail rockfish in the 
Vancouver and Columbia management areas, and for canary rockfish 
coastwide. Continued fishing on other rockfish species would have 
resulted in additional bycatch of the Sebastes species. For these 
reasons, on October 1, all open access rockfish landings were 
prohibited north of Cape Blanco (the southern border of the Columbia 
management area), and all open access canary rockfish landings were 
prohibited coastwide (63 FR 53313, October 5, 1998).
    In 1999, Sebastes complex limits for the open access fishery have 
been unlinked from the limited entry fishery so that open access 
groundfish landings might be better spread throughout the year. For 
Sebastes complex species north of Cape Mendocino, the Council 
recommended a cumulative monthly limit of 3,600 lb (1,633 kg), of which 
no more than 400 lb (181 kg) per month may be species other than 
yellowtail or canary rockfish. Also, within that Sebastes complex limit 
for north of Cape Mendocino, the monthly cumulative limit for 
yellowtail rockfish is 2,600 lb (1,179 kg), and the monthly cumulative 
limit for canary rockfish is 1,000 lb (454 kg). The 400-lb (181-kg) 
limit was intended to prevent fishers from filling the overall Sebastes 
limit of 3,600 lb (1,633 kg) with species that need additional 
protection. After the November Council meeting, an error was discovered 
in the Pacific Fisheries Information Network (PacFIN) data system that 
wrongly attributed certain rockfish landings to the open access 
fishery. As a result of this error, the Council made its recommendation 
for the 1999 trip limit based on data that overestimated landings 
projections for the open access fishery. In light of this new 
information, the 400 lb (181 kg) limit now appears too restrictive and 
poses an unnecessary burden on fishers who target on blue rockfish and 
black rockfish, particularly in southern Oregon and northern 
California. As effort in the open access fishery is low on most species 
early in the year, removing this restriction is not expected to 
encourage large landings or effort shifts. Consequently, NMFS has 
disapproved that portion of the open access trip limit for the Sebastes 
complex that would have limited landings to 400 lb (181 kg) per month 
of species other than yellowtail and canary rockfish. The 
recommendation for an overall Sebastes cumulative trip limit of 3,600 
lb (1,633 kg) per month remains in effect, with the sublimits of 2,600 
lb (1,179 kg) of yellowtail rockfish and 1,000 lb (454 kg) of canary 
rockfish. The Council will reconsider the open access Sebastes trip 
limits at its next groundfish meeting to determine if other changes are 
warranted.
    For Sebastes complex species south of Cape Mendocino, the 
cumulative monthly limit will be 2,000 lb (907 kg), within which the 
monthly cumulative limit for bocaccio is 500 lb (227 kg) for all open 
access gear, except for a 1,000 lb (454 kg) monthly cumulative limit 
for setnet and trammel net gear, and the monthly cumulative limit for 
canary rockfish is 1,000 lb (454 kg). The canary rockfish monthly 
cumulative limit applies coastwide.
    Chilipepper Rockfish The Council has recommended separating 
chilipepper rockfish from the Sebastes complex OY and trip limits so 
that fishers will have an incentive to target chilipepper while 
minimizing incidental take of other, less robust Sebastes complex 
species, particularly bocaccio. Chilipepper rockfish have a 3,724 mt OY 
in 1999. The open access allocation of chilipepper rockfish is 32.6 
percent of the commercial OY of 3,651 mt, which leaves 2,461 mt 
available to the limited entry fishery. Unless modified inseason, the 
1999 chilipepper rockfish cumulative limited entry trip limits in the 
new three-phase management system will be: 45,000 lb (20,412 kg) in 
January-March; 25,000 lb (11,340 kg) in each 2-month period of April-
May, June-July, and August-September; and 18,000 lb (8,165 kg) in each 
month for October, November, and December. For open access fisheries, 
the chilipepper monthly cumulative trip limit will be 6,000 lb (2,722 
mt), unless modified inseason.
    Splitnose Rockfish In 1998, splitnose rockfish, also called 
``rosefish,'' dominated many trawl rockfish tows south of Cape 
Mendocino. Fishers commented at the September and November Council 
meetings on the unusually high amounts of splitnose rockfish in their 
catches, and asked that the Council separate splitnose rockfish from 
the Sebastes complex so that future overall Sebastes limits would not 
be achieved too quickly because of large splitnose rockfish landings. 
For these reasons, the Council recommended a separate OY of 868 mt for 
splitnose rockfish in 1999. Unless modified inseason, the 1999 
splitnose rockfish cumulative limited entry trip limits in the new 3-
phase management system will be: 32,000 lb (14,515 kg) in January-
March; 19,000 lb (8,618 kg) in each 2-month period of April-May, June-
July, and August-September; and 10,000 lb (4,536 kg) in each month for 
October, November, and December. Splitnose rockfish have not commonly 
been caught in open access fisheries; however, the Council set a 100 lb 
(45 kg) monthly cumulative trip limit for open access landings of 
splitnose rockfish, to allow open access fishers to land splitnose 
rockfish they may catch incidentally.

POP

    Limited entry. The limited entry 2-month cumulative trip limit for 
POP remained the same throughout 1998, at 8,000 lb (3,629 kg) per 2-
month period; it has been at this level since July 1, 1996. On 
September 1, 1998, (63 FR 45966, August 28, 1998), the POP limit 
converted to a 1-month cumulative trip limit of 4,000 lb (1,814 kg). 
Landings of POP in 1998 were projected to be below its 650 mt HG. The 
1999 OY is set at 500 mt to accommodate incidental catches without 
encouraging a target fishery on POP. To discourage POP targeting, POP 
limits will be set for one-month periods, rather than for varying-
length periods within the new 3-phase system. The monthly cumulative 
limit for POP remains the same as in 1998 at 4,000 lb (1,814 kg). POP 
is currently managed to achieve a rebuilding schedule, so trip limits 
will not be increased during the year to achieve the OY.
    Open access. Landings of POP in the open access fishery were 
managed in 1998 with a monthly limit that was 50 percent of the limited 
entry limit. On October 1, 1998 (63 FR 53313, October 5, 1998), all 
open access landings of rockfish, including POP, were closed north of 
Cape Blanco. There is no specific open access allocation for POP 
because historic harvests of POP by this fleet have been very low. In 
1999, the open access monthly cumulative limit for POP will be 100 lb 
(45 kg).

Sablefish

    The sablefish OY is subdivided among several fisheries. The tribal 
fishery allocation is set aside before dividing the balance of the OY 
between the commercial limited entry and open access fisheries. 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 because they often are 
caught together by trawl vessels.

DTS complex (Dover Sole, Thornyheads, and Trawl-Caught Sablefish)

    Limited entry. In January-February 1998 (63 FR 419, January 6, 
1998), the

[[Page 1330]]

2-month cumulative trip limit for the DTS complex was 59,000 lb (26,762 
kg). Within this 2-month cumulative limit, no more than 40,000 lb 
(18,144 kg) could be Dover sole, no more than 10,000 lb (4,536 kg) 
could be longspine thornyheads, no more than 4,000 lb (1,814 kg) could 
be shortspine thornyheads, and no more than 5,000 lb (2,268 kg) could 
be trawl-caught sablefish. Throughout the year, no more than 500 lb 
(227 kg) per trip could be sablefish smaller than 22 inches (56 cm).
    At certain times of year, particularly in winter months, it is 
possible to catch Dover sole in deep water more selectively, without 
large associations of sablefish and shortspine thornyheads. Therefore, 
the Dover sole 2-month cumulative trip limit was set high for January-
February 1998 and lowered on March 1, 1998, to 18,000 lb (8,165 kg). 
The 2-month cumulative trip limit for the DTS complex correspondingly 
decreased to 37,000 lb (16,783 kg) on March 1, 1998.
    Due to difficult winter weather, landings for the DTS species were 
well below projections for the first quarter of 1998. The limits were 
increased on May 1, 1998 (63 FR 24970, May 6, 1998), to allow the 
fishery the opportunity to achieve the HGs for these species. The 2-
month cumulative trip limits were increased for Dover sole to 22,000 lb 
(9,979 kg); for longspine thornyheads to 12,000 lb (5,443 kg); for 
shortspine thornyheads to 5,000 lb (2,268 kg), and; for trawl-caught 
sablefish to 6,000 lb (2,722 kg). Also on May 1, NMFS removed the 
overall DTS complex limit, because that limit had been a remnant of 
pre-1998 management, when there was no specific cumulative limit for 
longspine thornyheads within the complex limit.
    On September 1 (63 FR 45966, August 28, 1998), the 2-month 
cumulative trip limits for the components of the DTS complex were 
converted to 1-month cumulative limits: for Dover sole, 11,000 lb 
(4,990 kg); for longspine thornyheads, 6,000 lb (2,722 kg); for 
shortspine thornyheads, 2,500 lb (1,134 kg); for trawl-caught 
sablefish, 3,000 lb (1,361 kg).
    On October 1 (63 FR 53313, October 5, 1998), limits in the DTS 
complex were adjusted to account for the different harvest rates for 
each species. The 1-month cumulative trip limits were: increased for 
Dover sole to 18,000 lb (8,165 kg); increased for longspine thornyheads 
to 7,500 lb (3,402 kg); decreased for shortspine thornyheads to 1,500 
lb (680 kg); and increased for trawl-caught sablefish to 5,000 lb 
(2,268 kg). Finally, on December 1 (63 FR 64209, November 19, 1998), 
the Dover sole monthly cumulative limit was increased to 36,000 lb 
(16,329 kg) in recognition of the ease of targeting Dover sole without 
catching other species in the winter months, and so that the limited 
entry fishery might have further access to the Dover sole HG for 1998.
    Projected landings for Dover sole, longspine thornyheads, and for 
trawl-caught sablefish were below the HGs for those species, primarily 
because the cumulative limits for those species had to be kept low 
enough to prevent overharvest of the closely associated shortspine 
thornyheads. Projected landings of shortspine thornyheads are 2.3 
percent above its 1998 HG.
    The landed catch objective for sablefish north of 36 deg. N. lat. 
is increased from 4,680 mt in 1998 to 7,127 mt in 1999, with 
proportional increases in the allocations (see footnote e/ of Table 1 
to this document). The 1999 trawl allocation was therefore increased 
from 2,282 mt in 1998 to 3,475 mt in 1999. Unless modified inseason, 
the 1999 trawl-caught sablefish cumulative trip limits in the new 
three-phase management system will be: 13,000 lb (5,897 kg) in January-
March; 10,000 lb (4,536 kg) in each 2-month period of April-May, June-
July, and August-September; and 6,000 lb (2,722 kg) in each month for 
October, November, and December. The 500-lb (227 kg) trip limit for 
sablefish smaller than 22 inches (56 cm) remains in effect. The OY was 
set at 472 mt for sablefish south of 36 deg. N. lat., equal to the ABC, 
which is based on historical landings in that area. Limits for DTS 
species apply coastwide, including waters south of 36 deg. N. lat.
    In 1999, the landed catch objective for Dover sole remains at 8,955 
mt, resulting in an OY of 9,426 mt for total catch. As mentioned above, 
during the winter months, it is possible to catch Dover sole more 
selectively, without large associations of sablefish and thornyheads. 
Therefore, Dover sole limits will be more liberal in the winter months 
than during times when Dover sole are more closely associated with the 
other species in the DTS complex. Unless modified inseason, the 1999 
Dover sole cumulative trip limits in the new three-phase management 
system will be: 70,000 lb (31,752 kg) in January-March; 20,000 lb 
(9,072 kg) in each 2-month period of April-May, June-July, and August-
September; and 22,000 lb (9,979 kg) in each month for October, 
November, and December.
    In 1999, the landed catch objective for longspine thornyheads 
remains at 3,733 mt, resulting in a total catch OY of 4,102 mt north of 
36 deg. N. lat. For the northern portion of the Conception management 
area, from 36 deg. N. lat. southward to Pt. Conception (34 deg.27' N. 
lat.), the landed catch objective remains at 390 mt, corresponding to a 
total catch OY of 429 mt. There is no ABC or OY for waters south of Pt. 
Conception. Because longspine and shortspine thornyheads are so closely 
associated, longspine thornyhead cumulative trip limits are 
conservative to protect shortspine from overharvest. A ratio of 4 
longspine thornyhead lbs to 1 shortspine thornyhead lb is set for each 
cumulative trip limit phase, which approximates the co-occurrence of 
the two species, but also recognizes the ability of some fishers to 
move to deeper water and catch a higher proportion of longspines. As a 
result of this ratio, longspine thornyhead cumulative limits are lower 
than limits that would allow the fishery to catch the full 1999 harvest 
guideline. Unless modified inseason, the 1999 longspine thornyhead 
cumulative trip limits in the new three-phase management system will 
be: 12,000 lb (5,443 kg) in January-March; 8,000 lb (3,629 kg) in each 
2-month period of April-May, June-July, and August-September; and 4,000 
lb (1,814 kg) in each month for October, November, and December.
    In 1999, the landed catch objectives for shortspine thornyheads 
north of 36 deg. N. lat. is 805 mt (much lower than the 1,082 mt HG in 
1998), which corresponds with a total catch OY of 1,150 mt in 1999. The 
landed catch objective for the northern portion of the Conception 
management area, from 36 deg. N. lat. southward to Pt. Conception 
(34 deg.27' N. lat.) of 123 mt (which corresponds to a 175 mt total 
catch OY) is slightly higher than the 113 HG in 1998. There is no OY 
south of Pt. Conception. Unless modified inseason, the 1999 shortspine 
thornyhead cumulative trip limits in the new three-phase management 
system will be: 3,000 lb (1,361 kg) in January-March; 2,000 lb (907 kg) 
in each 2-month period of April-May, June-July, and August-September; 
and 1,000 lb (454 kg) in each month for October, November, and 
December.
    Open access. On January 1, 1998, no landings of thornyheads were 
allowed north of Pt. Conception, and a 50-lb (23 kg) daily trip limit 
applied south of Pt. Conception. On May 1 (63 FR 24970, May 6, 1998), a 
small allowance was made for vessels participating in the pink shrimp 
trawl fishery north of Pt. Conception, allowing a 100 lb (45 kg) 
landing limit. This limit was instituted because it was expected to 
allow retention of over 90 percent of the thornyheads that would 
otherwise have

[[Page 1331]]

been discarded by the open access fishery. As a result of this limit, 
however, the pink shrimp trawl fishery landings of thornyheads exceeded 
the open access thornyhead allocations. Open access landings of Dover 
sole were managed under monthly cumulative trip limits equal to 50 
percent of limited entry 2-month cumulative limits throughout the year. 
In 1998, the open access sablefish fishery was managed with daily trip 
limits of 300 lb (136 kg) north of 36 deg. N. lat. and 350 lb (159 kg) 
south of 36 deg. N. lat., which applied to all open access gear. In 
addition, the exempted trawl fisheries could not exceed monthly 
cumulative sablefish limits that were equal to 50 percent of the trawl-
caught sablefish 2-month cumulative limits. In 1999, open access limits 
for DTS species are simpler and apply to all gears. The Dover sole 
monthly cumulative limit will be 100 lb (45 kg), no thornyheads may be 
landed north of Pt. Conception, the thornyhead limit south of Pt. 
Conception will remain at 50 lb (23 kg) per day. All 1999 open access 
sablefish landings north of 36 deg. N. lat. will be managed under a 300 
lb (136 kg) daily trip limit and an 1,800 lb (816 kg) 2-month 
cumulative limit. All open access sablefish landings south of 36 deg. 
N. lat. will be managed under a 350 lb (159 kg) daily trip limit. 
Exempted trawl gear sablefish landings are managed under the same 
limits as all other open access gears.

Nontrawl Sablefish

    Limited entry, nontrawl sablefish north of 36 deg. N. lat. In 1997, 
a vessel was required to have an endorsement on its limited entry 
permit in order to participate in the regular or mop-up sablefish 
seasons (62 FR 34670, August 27, 1997). This endorsement program was 
refined in 1998 to a three-tier system that divided vessels with 
sablefish endorsements into three different tiers based on cumulative 
catch history (63 FR 38101, July 15, 1998). Each of the three tiers was 
associated with a different cumulative limit level, which tier members 
had the opportunity to fish towards during the regular season. Also new 
in 1998, the post-season closure was reduced from 48 to 30 hours. The 
season began on August 1, 1998, and the cumulative limit levels were: 
52,000 lb (23,587 kg) for Tier 1; 23,500 lb (10,660 kg) for Tier 2; and 
13,500 lb (6,124 kg) for Tier 3.
    A number of provisions for the 1997 regular season remained in 
place for 1998. The pre-season closure was 48 hours, and advance set of 
pot gear was not allowed. The regular season ended at sea rather than 
at dockside. 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. The mop-up season began about 3 weeks after the close of the 
regular season, lasting from August 28-September 11, 1998, and allowing 
limited entry permit holders with sablefish endorsements to fish 
against an equal cumulative limit of 3,200 lb (1,452 kg) (63 FR 45764, 
August 27, 1998).
    Small daily trip limits were applied to the nontrawl fishery before 
and after the ``regular'' and ``mop-up'' seasons. A 300-lb (136-kg) 
daily trip limit was applied only north of 36 deg.00' N. lat., with a 
2-month cumulative limit of 1,500 lb (680 kg). Unlike 2-month 
cumulative limits for other species and gear, nontrawl sablefish 
cumulative limits could be taken at any time during the 2-month period. 
On May 1 (63 FR 24970, May 6, 1998), the 2-month cumulative limit was 
increased from 1,500 lb (680 kg) to 1,800 lb (816 kg). Following the 
September Council meeting, trip limits were again increased to allow 
the limited entry nontrawl fishery to achieve its 1,652 mt sablefish 
allocation by the end of the year. The 2-month limit for the September-
October period was increased to 2,700 lb (1,225 kg), and the months of 
November and December were split into 2 separate month-long cumulative 
limit periods, each with a cumulative limit of 1,500 lb (680 kg) (63 FR 
53313, October 5, 1998).
    Due to the increase in the sablefish OY in 1999, the limited entry 
nontrawl allocation for sablefish north of 36 deg. N. lat. is increased 
from 1,652 mt in 1998 to 2,516 mt in 1999. In 1999, the same daily trip 
limits for the limited entry fishery will apply outside the regular and 
mop-up seasons and any closures, and the cumulative limit is increased 
to 2,400 lb (1,089 kg) per 2-month period (excluding any harvest in the 
regular or mop-up seasons). The Council plans to make recommendations 
on the start date, duration, and tiered cumulative limits for the 
regular fishery at its April 1999 meeting in Sacramento, CA.
    Limited Entry, Nontrawl Sablefish South of 36 deg. N. lat. In 
January 1998, the Conception area limited entry daily trip limit was 
set at 350 lb (159 kg) to accommodate most landings without encouraging 
excessive effort shifts into that area. There was no cap on the 
cumulative amount that could be landed under the daily trip limit in 
the Conception area. On May 3, 1998, an option was provided that 
allowed a vessel to either land 350 lb (159 kg) per day, or to make one 
landing a week of above 350 lb (159 kg) but less than 1,050 lb (476 kg) 
(63 FR 24970, May 6, 1998). This measure was intended to allow greater 
flexibility for nontrawl fishers who target groundfish on fishing trips 
of several days in duration. In 1999, the sablefish landed catch 
objective for south of 36 deg. N. lat. will remain at 425 mt 
(corresponding to a total catch OY of 472 mt), and the management 
measures will also remain at the choice of either 350 lb (159 kg) per 
day with no monthly limit, or one landing per week of greater than 350 
lb (159 kg) but less than 1,050 lb (476 kg).
    Open access. The open access sablefish allocation for north of 
36 deg. N. lat. is 6.6 percent of the commercial OY of 6,414 mt. 
Similar to the limited entry, nontrawl fishery for sablefish, the open 
access nontrawl fishery north of 36 deg. N. lat. is managed with 300 lb 
(136 kg) daily trip limits and 2-month cumulative limits. In 1998, the 
open access fishery began the year with a 2-month cumulative limit of 
600 lb (272 kg), which stayed in place until May 1 (63 FR 24970, May 6, 
1998), when it was increased to 700 lb (318 kg) per 2-month period. As 
with the limited entry daily trip limit fishery, open access daily trip 
limit landings of sablefish were proceeding at a slower rate than the 
Council had expected at the beginning of the year. On July 1 (63 FR 
36612, July 7, 1998), the open access 2-month cumulative limit was 
again increased to 1,800 lb (816 kg), a level that matched the limited 
entry 2-month cumulative limit. October and November (63 FR 53313, 
October 5, 1998) changes to the open access daily trip limit fishery 
for sablefish matched the changes to the limited entry daily trip limit 
fishery for the rest of the year: the 2-month limit for the September-
October period was increased to 2,700 lb (1,225 kg), and the months of 
November and December were split into two separate month-long 
cumulative limit periods, each with a cumulative limit of 1,500 lb (680 
kg). Open access nontrawl fisheries for sablefish south of 36 deg. N. 
lat. were managed under a 350 lb (159 kg) daily trip limit with no 
monthly cumulative limit throughout 1998. In 1999, open access 
fisheries north and south of 36 deg. N. lat. will continue to be 
managed as daily trip limit fisheries. North of 36 deg. N. lat., there 
will be a 300 lb (136 kg) daily trip limit and a 2-month cumulative 
limit of 1,800 lb (816 kg). South of 36 deg. N. lat., the 350 lb (159 
kg) daily trip limit with no monthly cumulative limit will remain in 
effect.
    Whiting. Landings projections indicate that the 1998 whiting 
fisheries catches will be very close to the whiting OY of 232,000 mt: 
87,548 mt by the shore-based fleet; 70,364 mt by the

[[Page 1332]]

catcher/processing sector; 50,086 mt by the non-tribal mothership 
sector, and about 25,000 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 1999. 
Additional regulations, including the percentages used to allocate 
whiting among non-tribal sectors (42 percent to the shore-based sector, 
24 percent to the mothership sector, and 34 percent to catcher/
processors), are found at 50 CFR 660.323(a)(4). Proposals for the 
tribal allocation of whiting are discussed elsewhere in this Federal 
Register issue and final allocations will be calculated after the final 
ABC, OY, and tribal allocations are recommended at the Council's March 
1999 meeting.
    Whiting seasons. The opening dates of the 1999 primary seasons for 
whiting are the same as in 1998, and are announced in this document at 
paragraph IV.B.(5)(b). The catcher/processor sector and the mothership 
sector fisheries will begin on May 15; and the shore-based sector will 
begin on April 1, between 42 deg.-40 deg.30' N. lat., on April 15 south 
of 40 deg.30' N. lat., and on June 15 north of 42 deg. N. lat.

Lingcod

    The 1998 HG for lingcod was severely reduced from previous years' 
levels to 838 mt. During Council activities to set 1998 cumulative 
limits, the U.S. industry disagreed as to whether the lingcod reduction 
should or could fall equally on both commercial and recreational 
sectors. The 1998 management measures were intended to divide the HG 
almost equally between the commercial and recreational sectors, which 
resulted in a proportionately larger decrease over past years' catch 
for the commercial fishery. To accommodate the reduced amount of 
lingcod available to the commercial sector in 1998, the 2-month 
cumulative trip limit for lingcod in 1998 was 1,000 lb (454 kg). This 
limit was in place throughout 1998, although it was modified to a 
monthly cumulative limit of 500 lb (227 kg) on September 1 (63 FR 
45966, August 28, 1998).
    The open access lingcod 2-month cumulative limit was 1,000 lb (454 
kg) until July 1, when it was modified to account for unusually rapid 
harvest rates to 250 lb (113 kg) for the month of July, and to a 
prohibition against all open access lingcod landings beginning August 1 
(63 FR 36612, July 7, 1998). Throughout the year, lingcod smaller than 
24 inches (61 cm) could not be landed in the commercial or recreational 
fisheries except for 100-lb (45-kg) per trip for limited entry trawl-
caught lingcod, which allowed dead fish to be landed. This increase 
from 22 inches (56 cm) in 1997 to 24 inches (61 cm) in 1998 in the size 
limit, along with a reduction in the recreational bag limit off 
California from five to three lingcod was expected to reduce 
recreational lingcod harvest. Reducing the California lingcod bag limit 
brought that state's bag limit down to a level consistent with bag 
limits off Washington and Oregon.
    In 1999, the landed catch objective for lingcod is again reduced, 
from 838 mt in 1998 to 666 mt in 1999, corresponding to a total catch 
OY of 730 mt. Lingcod populations are estimated to be at 9 percent of 
the unfished biomass level, which means that the stock is overfished. 
Although this is an extremely low biomass level, lingcod have responded 
well to stock rebuilding efforts for critically depressed stocks in 
Puget Sound and elsewhere, thus managers are optimistic about stock 
rebuilding for Pacific waters. The Council's management recommendations 
for 1999 were based on a desire to continue the 1998 policy of 
discouraging targeting while allowing some retention of incidentally-
caught lingcod. Thus, the Council recommended continuing the 
restrictive 1998 commercial management measures of 500 lb (227 kg) per 
month into 1999. For 1999, the Council concentrated on spreading the 
open access lingcod catch throughout the year, and on reducing 
recreational lingcod landings.
    The Council discussed several different management measures, 
including closing lingcod fisheries during the December-March period 
when male lingcod are guarding nests of lingcod eggs, and setting a 
maximum size for lingcod retention of 34 inches (86 cm) to protect the 
largest and most fecund females. However, during its deliberations and 
from public testimony, the Council determined that there are few fish 
caught that are larger than 34 inches (86 cm), thus setting a maximum 
size for lingcod would have been an empty gesture in stock rebuilding 
efforts. During Council discussions on a shortened lingcod season, it 
became clear that Washington and Oregon fisheries rarely target lingcod 
during the winter months, primarily because weather conditions preclude 
a winter recreational fishery and hamper commercial fishing from many 
of the smaller vessels in the fleet. Southern California recreational 
fisheries do target lingcod in the winter months, and a complete 
closure of recreational lingcod landings for December-March would have 
a dramatic negative economic impact on Southern California recreational 
fisheries. After much discussion, the Council recommended a coastwide 
two fish bag limit for all recreational fisheries, which is expected to 
lower the recreational lingcod take from 438 mt in 1998 to 310 mt in 
1999. Commercial open access lingcod landings will be curtailed to an 
8-month season of April 1-November 30 to allow a 250 lb (113 kg) per 
month cumulative limit during the months when most open access fishers 
would be catching lingcod. (The Council expected that if the open 
access fisheries had 12 months to land lingcod, the monthly cumulative 
lingcod limit would have been 150 lb (68 kg).) Unless modified 
inseason, the 1999 limited entry lingcod cumulative trip limits in the 
new three-phase management system will be: 1,500 lb (680 kg) in 
January-March; 1,000 lb (454 kg) in each 2-month period of April-May, 
June-July, and August-September; and 500 lb (227 kg) in each month for 
October, November, and December. As in 1998, limited entry trawl 
vessels may land up to 100 lb (45 kg) per trip of lingcod smaller than 
24 inches (61 cm) total length (TL)

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 limited 
entry and open access fisheries. The State of Oregon implements trip 
limits for black rockfish off the Oregon coast. In addition, black 
rockfish harvests are counted toward overall Sebastes cumulative 
limits.
    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.
    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 13,000 lb (5,897 kg) of sablefish in the limited entry fishery, 
and in the same month catches 300 lb (136 kg) of sablefish with shrimp 
trawl (open access) gear, for a total of 13,300 lb (6,033 kg) of 
sablefish. Because the open access landings are counted toward that 
vessel's limited entry limit, the vessel would have exceeded its 
limited entry, cumulative limit of 13,000 lb (5,897 kg) for the first 
fishing phase, January 1 through March 31, 1999.

[[Page 1333]]

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 restrictive area is subject to the more 
restrictive limit for the duration of that trip limit period.
Changes to Trip Limits; Closures
    Unless otherwise stated (as for the nontrawl sablefish regular 
season; see 50 CFR 660.323(a)(2)), 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 for the definition of ``landing'').
Designated Species B Permits
    Designated species B permits may be issued if the limited entry 
fleet will not fully utilize the OY for Pacific whiting, shortbelly 
rockfish, or jack mackerel north of 39 deg. N. lat. The limited entry 
fleet has requested the full use of these species in 1999. In addition, 
since no applications were received before the November 1 deadline, 
NMFS does not expect to issue Designated Species B permits in 1999.
Recreational Fishing
    Bag limits for rockfish remain the same in 1999 as in 1998: in 
California, no more than 15 rockfish per day, of which no more than 3 
may be bocaccio; in Oregon, 15 rockfish per day, of which no more than 
10 may be black rockfish; and in Washington, 10 rockfish per day. The 
lingcod daily bag limit is reduced for all states from 3 to 2 fish, but 
the lingcod size limit remains at 24 inches (61 cm) TL.

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 
1999, including those that are the same as in 1998.

A. General Definitions and Provisions

    The following definitions and provisions apply to the 1999 
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 two 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 are applied over the course of 
the year in 3 separate phases that differ by length of the cumulative 
trip limit period. The cumulative trip limit may be taken at any time 
within the applicable cumulative trip limit period. All cumulative trip 
limit periods start at 0001 hours, local time, on the specified 
beginning date. (The 60:40 provisions in effect in 1998 that limited a 
vessel to no more than 60 percent of its 2-month cumulative trip limit 
in any 2 of the 2 months in the period no longer apply.) The choice of 
platoon (see paragraph D) applies throughout the year.
    (A) The phases and cumulative trip limit periods for 1999 are as 
follows:
    (1) In phase 1, the cumulative trip limits apply to a single 3-
month period, from January 1-March 31, 1999.
    (2) In phase 2, the cumulative trip limits apply to the following 
2-month periods: April 1-May 31, 1999; June 1-July 31, 1999; August 1-
September 30, 1999.
    (3) In phase 3, the cumulative trip limits apply to the following 
1-month periods: October 1-31, 1999; November 1-30, 1999; December 1-
31, 1999.
    (B) Exceptions. These cumulative trip limit periods do not apply to 
sablefish taken with nontrawl gear, Pacific whiting, Pacific ocean 
perch, or bocaccio. Pacific ocean perch and bocaccio are managed under 
1-month cumulative limit periods, which are identical to the 1-month 
cumulative limit periods defined for the open access fishery at 
paragraph A(1)(c)(ii), below.
    (C) Permit transfers. For the purposes of the restriction that 
limited entry permit transfers are to take effect only on the first day 
of a major cumulative limit period (50 CFR Sec. 660.333(c)(1)), those 
days in 1999 are January 1, April 1, June 1, August 1, October 1, 
November 1, and December 1.
    (D) Platooning--limited entry trawl vessels. Limited entry trawl 
vessels are automatically in the ``A'' platoon, unless the ``B'' 
platoon is indicated on the limited entry permit. If a vessel is in the 
``A'' platoon, its 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, then cumulative 
trip limit periods will begin on the 16th of the month (generally 2 
weeks later than for the ``A'' platoon), unless otherwise specified.
    (1) For a vessel in the ``B'' platoon, cumulative trip limit 
periods begin on the 16th of the month at 0001 hours, local time, and 
end on the 15th of the month. Therefore, the management measures 
announced herein that are effective on January 1, 1999, for the ``A'' 
platoon will be effective on January 16, 1999, 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, unless 
otherwise specified.
    (2) A vessel authorized to operate in the ``B'' platoon may take 
and retain, but may not land, groundfish from January 1, 1999, through 
January 15, 1999.
    (3) Special provisions will be made for ``B'' platoon vessels later 
in the year so that the amount of fish made available in 1999 to both 
``A'' and ``B'' vessels is the same. (For example, a vessel in the 
``B'' platoon could 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 December 31, 1999. 
Alternatively, the ``B'' platoon may have 6 weeks to take the 
cumulative limits from the final 2 cumulative limit periods.)
    (ii) Open access fishery. Unless otherwise specified (as for 
sablefish north of 36 deg. N. lat.), cumulative trip limits in the open 
access fishery apply to 1-month periods in 1999, as follows: January 1-
31, February 1-28, March 1-31, April 1-30, May 1-31, June 1-30, July 1-
31, August 1-31, September 1-30, October 1-31, November 1-30, December 
1-31.
    (2) Unless the fishery is closed, a vessel that has landed its 
cumulative, daily, or weekly limit may continue to fish on the limit 
for the next legal

[[Page 1334]]

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 at 50 CFR 660.302 (in the definition of ``landing''), once 
offloading of any species begins, all fish aboard the vessel are 
counted as part of the landing.
    (3) All weights are round weights or round-weight equivalents 
unless otherwise specified.
    (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, the Magnuson-Stevens Act, any notice issued under part 660, 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 is 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 is 
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 50 CFR 660.302.) Unless otherwise 
announced in the Federal Register, offloading must begin before the 
time the fishery closes. [Note: Special provisions are made for an at-
sea closure at the end of the regular season for the sablefish limited 
entry fishery. See 50 CFR 660.323(a)(2).]
    (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)).
    (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 subject only to daily 
trip limits, or to the trip limits for black rockfish off the State of 
Washington (see 50 CFR 660.323(a)(1)). In 1999, the cumulative trip 
limit periods for the limited entry fishery are specified in paragraph 
A(1)(c)(i)(A), and the cumulative trip limit period for the open access 
fishery is 1 calendar month, unless otherwise specified (see paragraph 
A(1)(c)(ii)).
    (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 takes and 
retains, possesses or lands the same 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. It is unlawful for any person to ``fail to sort, 
prior to the first weighing after offloading, those groundfish species 
or species groups for which there is a trip limit, size limit, quota, 
or harvest guideline, if the vessel fished or landed in an area during 
a time when such trip limit, size limit, harvest guideline, or quota 
applied.'' This provision applies to both the limited entry and open 
access fisheries. (See 50 CFR 660.306(h), effective July 27, 1998.)
    (14) Exempted fisheries. U.S. vessels operating under an exempted 
(formerly experimental) fishing permit issued under 50 CFR part 600 
also are subject to these restrictions, unless otherwise provided in 
the permit.
    (15) Paragraphs IV.B. through IV.C. 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.C. 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.D. 
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 Blanco, OR--42 deg.50' N. lat.
    (d) Cape Mendocino, CA--40 deg.30' N. lat.
    (e) Point Arena, CA--38 deg.57'30'' N. lat.
    (f) Point Conception, CA--34 deg.27' N. lat.
    (g) International North Pacific Fisheries Commission (INPFC) 
subareas (for more precise coordinates for the Canadian and Mexican 
boundaries, see 50 CFR 660.304):

[[Page 1335]]

    (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. Limited Entry Fishery

    As described in paragraph IV.A.(1)(c)(i), all species landed in 
limited entry fisheries except for sablefish taken with nontrawl gear, 
whiting, Pacific ocean perch, and bocaccio will be managed under a 
phased, cumulative trip limit system. Cumulative limits for each 
species in each phase are provided in tables below and may be changed 
during the year.
    (1) Widow rockfish (commonly called brownies). The cumulative trip 
limit for widow rockfish is as follows, unless otherwise announced in 
the Federal Register:

                                            Table 2.--Widow Rockfish
----------------------------------------------------------------------------------------------------------------
                                                                      Cumulative
            Fishing phase                 Cumulative trip limit     trip limit (in    Length of cumulative trip
                                                 periods                pounds)             limit period
----------------------------------------------------------------------------------------------------------------
I...................................  Jan 1-Mar 31................          70,000  3 months
                                                                         31,752 kg
II..................................  Apr 1-May 31................          16,000  2 months
                                      June 1-July 31..............          16,000  2 months
                                      Aug 1-Sept 30...............          16,000  2 months
                                                                          7,257 kg
III.................................  Oct 1-31....................          30,000  1 month
                                      Nov 1-30....................          30,000  1 month
                                      Dec 1-31....................          30,000  1 month
                                                                         13,608 kg
----------------------------------------------------------------------------------------------------------------

    (2) Sebastes Complex (including Bocaccio, Yellowtail, and Canary 
Rockfish).
    (a) General. Sebastes complex means all rockfish managed by the FMP 
except Pacific ocean perch (Sebastes alutus), widow rockfish (S. 
entomelas), shortbelly rockfish (S. jordani), Sebastolobus spp. (also 
called thornyheads, idiots, or channel rockfish), and chilipepper 
(Sebastes goodei) south of Cape Mendocino, and splitnose rockfish (S. 
diploproa) south of Cape Mendocino. 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. Splitnose rockfish are commonly called rosefish. This 
definition also applies for the open access fishery. In areas where 
certain species are not abundant, they are included in the ``other 
rockfish'' or ``remaining rockfish'' categories in Table 1. to this 
document, and they are constrained by the overall trip limits for the 
Sebastes complex. These species are yellowtail in the Eureka-Monterey-
Conception area, and bocaccio, chilipepper, and splitnose rockfish in 
the Vancouver-Columbia area.
    (b) Trip limits for the Sebastes complex. Harvest of all Sebastes 
complex species (except bocaccio), including those species with their 
own cumulative limits (yellowtail rockfish, canary rockfish, bocaccio), 
count toward the overall applicable Sebastes cumulative limits for the 
areas north and south of Cape Mendocino.
    (i) Trip limits for the Sebastes complex except bocaccio. The 
cumulative trip limits for the Sebastes complex and its component 
species are as follows, unless otherwise announced in the Federal 
Register:

                                                  Table 3.--Sebastes Complex and its Component Species
                                                                    [Except bocaccio]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Cumulative trip limits (in pounds)
                                                              ----------------------------------------------------------------
                                      Cumulative trip limit      Sebastes complex (north and     Yellowtail                    Length of cumulative trip
               Phase                         periods              south of Cape Mendocino)      rockfish \1\       Canary             limit period
                                                              -------------------------------- (north of Cape   rockfish \1\
                                                                    North           South        Mendocino)      (coastwide)
--------------------------------------------------------------------------------------------------------------------------------------------------------
I.................................  Jan. 1-Mar. 31...........          24,000          13,000          15,000           9,000  3 months.
                                                                  (10,886 kg)      (5,897 kg)      (6,804 kg)      (4,082 kg)
II................................  Apr. 1-May 31............          25,000           6,500          13,000           9,000  2 months.
                                    June 1-July 31...........          25,000           6,500          13,000           9,000  2 months.
                                    Aug. 1-Sept. 30..........          25,000           6,500          13,000           9,000  2 months.
                                                                  (11,340 kg)      (2,948 kg)      (5,897 kg)      (4,082 kg)
III...............................  Oct. 1-31................          10,000           5,000           5,000           3,000  1 month.
                                    Nov. 1-30................          10,000           5,000           5,000           3,000  1 month.
                                    Dec. 1-31................          10,000           5,000           5,000           3,000  1 month.
                                                                   (4,536 kg)      (2,268 kg)      (2,268 kg)      (1,361 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also counts toward the overall Sebastes complex limit.

    (ii) Bocaccio trip limits within the Sebastes complex. Within the 
cumulative trip limits for the Sebastes complex south of Cape 
Mendocino, no more than 750 lb (340 kg) per month may be bocaccio. For 
definition of one-month trip limit periods, see preceding paragraph 
A(1)(c)(ii).
    (3) POP. The cumulative trip limit for POP is 4,000 lb (1,814 kg) 
per vessel per one-month period. For definition of one-

[[Page 1336]]

month trip limit periods, see paragraph A(a)(c)(ii), above.
    (4) Chilipepper rockfish. The cumulative trip limit for chilipepper 
rockfish south of Cape Mendocino is as follows, unless otherwise 
announced in the Federal Register:

                                         Table 4.--Chilipepper rockfish
                                            [South of Cape Mendocino]
----------------------------------------------------------------------------------------------------------------
                                                                      Cumulative
            Fishing phase                 Cumulative trip limit     trip limit (in    Length of cumulative trip
                                                 periods                pounds)             limit period
----------------------------------------------------------------------------------------------------------------
I...................................  Jan. 1-Mar. 31..............          45,000  3 months.
                                                                         20,412 kg
II..................................  Apr. 1-May 31...............          25,000  2 months.
                                      June 1-July 31..............          25,000  2 months.
                                      Aug. 1-Sept. 30.............          25,000  2 months.
                                                                         11,340 kg
III.................................  Oct. 1-31...................          18,000  1 month.
                                      Nov. 1-30...................          18,000  1 month.
                                      Dec. 1-31...................          18,000  1 month.
                                                                          8,165 kg
----------------------------------------------------------------------------------------------------------------

    (5) Splitnose rockfish. The cumulative trip limit for splitnose 
rockfish south of Cape Mendocino is as follows, unless otherwise 
announced in the Federal Register:

                                     Table 5.--Splitnose Rockfish (Rosefish)
                                            [South of Cape Mendocino)
----------------------------------------------------------------------------------------------------------------
                                          Cumulative trip limit       Cumulative      Length of cumulative trip
            Fishing phase                        periods              trip limit            limit period
----------------------------------------------------------------------------------------------------------------
I...................................  Jan 1-Mar 31................          32,000  3 months.
                                                                         14,515 kg
II..................................  Apr 1-May 31................          19,000  2 months.
                                      June 1-July 31..............          19,000  2 months.
                                      Aug 1-Sept 30...............          19,000  2 months.
III.................................  Oct 1-31....................          10,000  1 month.
                                      Nov 1-30....................          10,000  1 month.
                                      Dec 1-31....................          10,000  1 month.
                                                                          4,536 kg
----------------------------------------------------------------------------------------------------------------

    (6) Sablefish and the DTS complex (Dover sole, thornyheads, and 
trawl-caught sablefish).
    (a) 1999 Sablefish Management goal. The limited entry sablefish 
fishery will be managed to achieve the 1999 commercial OYs of 7,127 mt 
north of 36 deg. N. lat. and 425 mt south of 36 deg. N. lat.
    (b) Gear allocations. After subtracting the tribal-imposed catch 
limit and the open access allocation from the OY for sablefish north of 
36 deg. N. lat., the remainder is allocated 58 percent to the trawl 
fishery and 42 percent to the nontrawl fishery.

    [Note.--The 1999 ABC for sablefish north of 36 deg. N. lat. is 
9,692 mt. The trawl allocation is 3,475 mt and the nontrawl 
allocation is 2,516 mt. See footnote e/ of Table 1 to this 
document.]

    (c) 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 are also called idiots, 
channel rockfish, or hardheads, and include 2 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. The cumulative trip limits for the DTS complex are as follows, 
unless otherwise announced in the Federal Register:

                                                                  Table 6.--TDS Complex
                                                                       [Coastwide]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Cumulative Trip Limits (in pounds)
                                                           ---------------------------------------------------------------------
                                    Cumulative trip limit                           Longspine      Shortspine     Trawl-caught     Length of cumulative
              Phase                        periods               Dover sole        thornyhead      thornyhead     sablefish \1\     trip limit period
                                                              cumulative trip      cumulative      cumulative      cumulative
                                                                   limit           trip limit      trip limit      trip limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
I...............................  Jan 1-Mar 31............  70,000.............          12,000           3,000          13,000  3 months
                                                            (31,752 kg)........      (5,443 kg)      (1,361 kg)      (5,897 kg)

[[Page 1337]]

 
II..............................  Apr 1-May 31............  20,000.............           8,000           2,000          10,000  2 months.
                                  June 1-July 31..........  20,000.............           8,000           2,000          10,000  2 months.
                                  Aug 1-Sept 30...........  20,000.............           8,000           2,000          10,000  2 months.
                                                            (9,072 kg).........      (3,629 kg)        (907 kg)      (4,536 kg)
III.............................  Oct 1-31................  22,000.............           4,000           1,000           6,000  1 month
                                  Nov 1-30................  22,000.............           4,000           1,000           6,000  1 month
                                  Dec 1-31................  22,000.............           4,000           1,000           6,000  1 month
                                                            (9,979 kg).........      (1,814 kg)        (454 kg)      (2,722 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ At any time of year unless otherwise announced, no more than 500 lb (227 kg) per trip may be trawl-caught sablefish smaller than 22 inches (56 cm)
  TL. (See paragraph IV.A.(6) regarding length measurement.)

    (d) Nontrawl trip and size limits. To take, retain, possess, or 
land sablefish during the regular, or mop-up season for the nontrawl 
limited entry sablefish fishery, the owner of a vessel must hold a 
limited entry permit for that vessel, affixed with both a gear 
endorsement for longline or trap (or pot) gear, and a sablefish 
endorsement. See 50 CFR 663.23(a)(2)(i). A sablefish endorsement is not 
required to participate in the limited entry daily trip limit fishery.
    (i) Regular and mop-up seasons. Starting and ending dates for the 
regular and mop-up seasons (see 50 CFR Sec. 660.323(a)(2)) will be 
announced inseason.
    (ii) Daily trip limit--(A) North of 36 deg. N. lat. The daily trip 
limit, which applies to sablefish of any size, is in effect north of 
36 deg. N. lat. until the closed periods before or after the regular 
season as specified at 50 CFR 660.323(a)(2), between the end of the 
regular season and the beginning of the mop-up season, and after the 
mop-up season. The daily trip limit for sablefish taken and retained 
with nontrawl gear north of 36 deg.00' N. lat. is 300 lb (136 kg), 
which counts toward a cumulative trip limit of 2,400 lb (1,089 kg) per 
2-month period except during the regular and mop-up seasons. The 2-
month periods in 1999 are: January 1-February 28; March 1-April 30; May 
1-June 30; July 1-August 31; September 1-October 31; November 1-
December 31.
    (B) South of 36 deg. N. lat. The daily trip limit for sablefish 
taken and retained with nontrawl gear south of 36 deg. N. lat. is 
either (1) 350 lb (159 kg) with no cumulative limit on the amount of 
sablefish that may be retained in a month; or (2) one landing of 
sablefish per week above 350 lb (159 kg) but not to exceed 1,050 lb 
(476 kg). A week is 7 consecutive days, from 0001 hours local time 
Sunday through 2400 hours local time Saturday.
    (iii) Limit on small fish. During the ``regular'' and ``mop-up'' 
seasons, there is a trip limit in effect for sablefish smaller than 22 
inches (56 cm) TL, which may comprise no more than 1,500 lb (680 kg) or 
3 percent of all legal sablefish 22 inches (56 cm) (TL) or larger, 
whichever is greater. (See paragraph IV.A.(6) regarding length 
measurement.) This trip limit counts toward any other cumulative trip 
limit that may be in effect.
    (e) Conversions. The following conversions apply to both the 
limited entry and open access fisheries. For headed and gutted 
(eviscerated) sablefish:
    (i) The minimum size limit for headed sablefish, which corresponds 
to 22 inches (56 cm) TL 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.)
    (7) Whiting. Additional regulations that apply to the whiting 
fishery are found at 50 CFR 660.306 and 50 CFR 660.323(a)(3) and 
(a)(4).
    (a) Allocations. Whiting allocations will be announced inseason 
when the final OY is announced.
    (b) Seasons. The 1999 primary seasons for the whiting fishery start 
on the same dates as in 1998, as follows (see 50 CFR 660.323(a)(3)):
    (i) Catcher/processor sector--May 15;
    (ii) Mothership sector--May 15;
    (iii) Shore-based sector--June 15 north of 42 deg. N. lat.; April 1 
between 42 deg.-40 deg.30' N. lat.; April 15 south of 40 deg.30' N. 
lat.
    (c) Trip limits.
    (i) Before and after the regular season. 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 (a)(4). This trip 
limit includes any whiting caught shoreward of 100 fathoms (183 m) in 
the Eureka area.
    (ii) Inside the Eureka 100-fm contour. 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 area.
    (8) Lingcod. The cumulative trip limits for lingcod are as follows, 
unless otherwise announced in the Federal Register.

[[Page 1338]]



                                                Table 7.--Lingcod
                                                   [Coastwide]
----------------------------------------------------------------------------------------------------------------
                                                                      Cumulative
            Fishing phase                 Cumulative trip limit       trip limits     Length of cumulative trip
                                                 periods              (in pounds)           limit period
--------------------------------------------------------------------------\1\-----------------------------------
I...................................  Jan 1-Mar 31................           1,500  3 months.
                                                                            680 kg
II..................................  Apr 1-May 31................           1,000  2 months.
                                      June 1-July 31..............           1,000  2 months.
                                      Aug 1-Sept 30...............           1,000  2 months.
                                                                            454 kg
III.................................  Oct 1-31....................             500  1 month.
                                      Nov 1-30....................             500  1 month.
                                      Dec 1-31....................             500  1 month.
                                                                            227 kg
----------------------------------------------------------------------------------------------------------------
\1\ No lingcod may be smaller than 24 inches (61 cm) TL, except for a 100-lb (45-kg) ``per trip'' limit for
  trawl-caught lingcod smaller than 24 inches (61 cm). Length measurement is explained at paragraph IV.A.(6).

    (b) Conversions. The following conversions apply in both limited 
entry and open access fisheries.
    (i) Size conversion. For lingcod with the head removed, the minimum 
size limit is 19.5 inches (49.5 cm), which corresponds to 24 inches (61 
cm) TL for whole fish.
    (ii) 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.
    (A) 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.)
    (B) Gutted, with the head on. The conversion factor for lingcod 
that has only been gutted is 1.1.
    (9) Black rockfish. The regulations at 50 CFR 660.323(a)(1) 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.'' These limits apply 
to limited entry and open access fisheries. The crossover provisions at 
paragraphs IV.A. (12) do not apply. Black rockfish also count toward 
the overall Sebastes cumulative limits described above at B.2.(b).

C. Trip Limits in the Open Access Fishery

    Open access gear used to take and retain groundfish from a vessel 
that does not have a valid 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 exempted trawl 
gear (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). Unless otherwise specified, a 
vessel operating in the open access fishery is subject to, and must not 
exceed any trip limit, frequency limit, and/or size limit for the open 
access fishery. The crossover provisions at paragraph IV.A.(12) that 
apply to the limited entry fishery apply to the open access fishery as 
well. The conversions at paragraphs IV.B.(6)(e) for sablefish and 
IV.B.(8)(b) for lingcod also apply to the open access fishery. The 
cumulative limit periods defined for the limited entry fishery do not 
apply to the open access fishery.
    (1) Rockfish. The following limits for rockfish in this paragraph 
C.(1) apply to all open access gear, including exempted trawl gear, 
unless otherwise specified.
    (a) Thornyheads--(i) North of Pt. Conception. Thornyheads 
(shortspine and longspine) may not be taken and retained, possessed, or 
landed north of Pt. Conception. [There is no exemption for vessels 
engaged in fishing for pink shrimp.]
    (ii) South of Pt. Conception. The daily trip limit for thornyheads 
(shortspine and longspine) is 50 lb (23 kg).
    (b) Widow rockfish. The cumulative monthly limit for widow rockfish 
coastwide is 2,000 lb (907 kg) per vessel.
    (c) POP. The cumulative monthly limit for POP coastwide is 100 lb 
(45 kg) per vessel.
    (d) Sebastes complex--(i) Cumulative monthly limits. The cumulative 
monthly limit for the Sebastes complex is 3,600 lb (1,633 kg) per 
vessel north of Cape Mendocino, and 2,000 lb (907 kg) per vessel south 
of Cape Mendocino. Within the cumulative trip limit for the Sebastes 
complex, no more than 1,000 lb (454 kg) per month may be canary 
rockfish coastwide, no more than 2,600 lb (1,179 kg) per month may be 
yellowtail rockfish north of Cape Mendocino, and no more than 500 lb 
(227 kg) per month may be bocaccio south of Cape Mendocino (except for 
setnet or trammel net gear--see IV.C.(1)(d)(ii) below). [Note: 
Chilipepper and splitnose rockfishes have been removed from the 
Sebastes complex south of Cape Mendocino, and are no longer included in 
the Sebastes trip limits south of Cape Mendocino (see paragraph 
IV.C.(1)(e) and (f) below).]
    (ii) Setnet or trammel net gear (legal only south of 38 deg. N. 
lat.), for setnets or trammel nets, the bocaccio monthly cumulative 
limit is 1,000 lb (454 kg) and counts toward the Sebastes complex 
monthly cumulative limit. Bocaccio taken with setnet or trammel net 
also counts toward the overall Sebastes complex limit in C.1.(d)(i). 
[Note: This open access limit is intentionally larger than the limited 
entry limit of 750 lb (340 kg) per month.]
    (e) Chilipepper. The cumulative monthly limit for chilipepper south 
of Cape Mendocino is 6,000 lb (2,722 kg) per vessel.
    (f) Splitnose rockfish (rosefish). The cumulative monthly limit for 
splitnose rockfish south of Cape Mendocino is 100 lb (45 kg) per 
vessel.

[[Page 1339]]

    (g) Black rockfish. The trip limit at 50 CFR 660.323(a)(i) for 
black rockfish caught with hook-and-line gear also applies and is 
counted toward the cumulative Sebastes limits. (The black rockfish 
limit is also stated in paragraph IV.B.7.)
    (2) Sablefish. The following trip limits apply to all open access 
gear, including exempted trawl gear.
    (a) North of 36 deg.00' N. lat. North of 36 deg.00' N. lat., the 
daily trip limit for sablefish is 300 lb (136 kg), which counts toward 
a cumulative trip limit of 1,800 lb (816 kg) per 2-month period.
    (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) Lingcod. From January 1-March 31, 1999, and from December 1-31, 
1999, lingcod may not be taken and retained, possessed or landed by any 
open access gear, including exempted trawl gear, coastwide. From April 
1-November 30, 1999, the monthly cumulative limit for lingcod is 250 lb 
(113 kg) coastwide, which applies to all open access gear, including 
exempted trawl gear.
    (4) Dover sole. The monthly cumulative trip limit for Dover sole is 
100 lb (45 kg) and applies to all open access gear, including exempted 
trawl gear.
    (5) Pacific whiting. The monthly cumulative trip limit for Pacific 
whiting is 100 lb (45 kg), and applies to all open access gear, 
including exempted trawl gear.
    (6) Groundfish taken by exempted trawl gear (e.g., by vessels 
engaged in fishing for pink shrimp, spot and ridgeback prawns, 
California halibut, and sea cucumbers)--(a) Trip limits. No more than 
300 lb (136 kg) of groundfish may be taken per vessel per fishing trip. 
Limits and closures in paragraphs IV.C(1) through IV.C(5) also apply 
and are counted toward the 300 lb (136 kg) groundfish limit. The daily 
trip limits for sablefish (paragraph IV.C.2) and thornyheads south of 
Pt. Conception (paragraph IV.C.1(a)) may not be multiplied by the 
number of days of the fishing trip. The groundfish ``per trip'' limit 
may not be multiplied by the number of days in the fishing trip, 
although this was allowed in 1998.
    (b) State law. These trip limits are not intended to supersede any 
more restrictive state law relating to the retention of groundfish 
taken in shrimp or prawn pots or traps.
    (c) Participation in the California halibut fishery. 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 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. 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 4 pounds or more in 
the round, 3 and one-half pounds or more dressed with the head on, or 3 
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.''
    (d) Participation in the sea cucumber fishery. A trawl vessel will 
be considered to be 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 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. 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.

D. Recreational Fishery

    (1) California. The bag limits for each person engaged in 
recreational fishing seaward of the State of California are: 2 lingcod 
per day, which may be no smaller than 24 inches (61 cm) TL; and 15 
rockfish per day, of which no more than 3 may be bocaccio. 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: 2 lingcod per day, which 
may be no smaller than 24 inches (61 cm) TL; 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: 2 lingcod 
per day no smaller than 24 inches (61 cm) TL, and 10 rockfish per day.

V. Washington Coastal Tribal Fisheries

    In late 1994, the U.S. government formally recognized that the four 
Washington Coastal Tribes (Makah, Quileute, Hoh, and Quinault) have 
treaty rights to fish for groundfish, and concluded that, in general 
terms, the quantification of those rights is 50 percent of the 
harvestable surplus of groundfish available in the tribes' usual and 
accustomed (U and A) fishing areas (described at 50 CFR 660.324).
    A tribal allocation is subtracted from the species OY before 
limited entry and open access allocations are derived. The treaty 
tribal fisheries for sablefish, black rockfish, and whiting are 
separate fisheries, not governed by the limited entry or open access 
regulations or allocations. The tribes regulate these fisheries so as 
not to exceed their allocations.
    The tribal allocation for black rockfish is the same in 1999 as in 
1998. The tribal allocation for sablefish remains at 10 percent of the 
landed catch OY and is, therefore, increased from 468 mt in 1998 to 713 
mt in 1999, to reflect the increase in the OY and its landed catch 
equivalent.
    The proposed alternatives for tribal allocation for whiting are 
discussed elsewhere in this Federal Register issue.
    For some species on which the tribes have a modest harvest, no 
specific allocation has been determined. Rather than try to reserve 
specific allocations for the tribes, which may not be needed by the 
tribes, NMFS is establishing trip limits recommended by the tribes and 
the Council to accommodate modest tribal fisheries. For lingcod, all 
tribal fisheries will be restricted to 300 lb (126 kg) per day. Tribal 
fisheries are not expected to take more than 1 mt of lingcod in 1999. 
For the Sebastes complex and other rockfish species, the 1999 tribal 
longline and trawl fisheries will operate under trip and cumulative 
limits. Tribal fisheries will operate under 300 lb (136 kg) ``per 
trip'' limits each for canary rockfish and for thornyheads, and under 
the same trip limits as the limited entry fisheries for all other 
rockfish. A 300 lb (136 kg) canary rockfish trip limit is expected to 
result in landings of 10,000-15,000 lb (5-7 mt). A 300 lb (136 kg) 
thornyhead limit is expected to result in landings of 8,000-10,000 lb 
(3-5 mt). Because of the small anticipated tribal groundfish catch, the 
tribes do not plan to reduce trip limits during the year, unless OY's 
are achieved, or unless inseason catch statistics demonstrate that the 
tribes have taken half of the available harvest in the tribal U and A 
fishing areas.

[[Page 1340]]

    The Assistant Administrator announces the following tribal 
allocations for 1999, including those that are the same as in 1998. 
Trip limits for certain species were recommended by the tribes and the 
Council and are specified here with the tribal allocations:

A. Sablefish

    The tribal allocation is 713 mt, 10 percent of the OY.

B. Rockfish

    (1) 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.).
    (2) Thornyheads are subject to a 300 lb (136 kg) trip limit.
    (3) Canary rockfish are subject to a 300 lb (136 kg) trip
    (4) Other rockfish are subject to the same trip limits as the 
limited entry fishery.

C. Lingcod

    Lingcod taken and retained with any gear are subject to a 300 lb 
(136 kg) per day trip limit.

Classification

    The final specifications and management measures for 1999 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).
    Because NMFS is not required by 5 U.S.C. 553 or any other law to 
publish a general notice of proposed rulemaking for this action, the 
analytical requirements of the Regulatory Flexibility Act do not apply. 
Consequently, no regulatory flexibility analysis has been prepared.
    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 1999 fishing 
year, the Assistant Administrator has determined that 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 September 
and November 1998 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. During this same period, NMFS also 
requests public comments on the preliminary whiting ABC and OY, and on 
the proposals for tribal harvest of Pacific whiting published elsewhere 
in this Federal Register issue. The AA will consider all comments made 
during the public comment period and may make modifications as 
appropriate.
    There is no time requirement or time burden for the public to come 
into compliance with the harvest specifications and the management 
measures designed to achieve those specifications that are announced by 
this rule. As described above, the interested public has participated 
in the Council process to formulate these regulations. The Council has 
provided information to the industry on the above management measures 
and specifications through the newsletters that it sends to fishery 
participants, and NMFS has provided notice through the U.S. Coast Guard 
Notice to Mariners, and the States of Washington, Oregon, and 
California also disseminate information. Therefore, the Assistant 
Administrator finds, under 5 U.S.C. 553(d)(3), as applicable, that it 
would be unnecessary and contrary to the public interest to delay the 
effective date of the specifications and management measures.
    NEPA: For the Annual Specifications and Management Measures--An 
Environmental Impact Statement (EIS) was prepared for the FMP in 1982 
and Supplemental EISs were prepared for Amendments 4 (1990) and 6 
(1992) in accordance with the National Environmental Policy Act (NEPA). 
The alternatives considered and the environmental impacts of the 
actions in this notice are not significantly different than those 
considered in either the EIS or SEISs for the FMP, and the actions fall 
within the scope of these analyses. An environmental assessment (EA) 
prepared by the Council for the 1999 annual specifications and 
management measures was the basis for this conclusion.

    Dated: December 31, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34851 Filed 12-31-98; 4:26 pm]
BILLING CODE 3510-22-P