[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Rules and Regulations]
[Pages 16862-16867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8429]


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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. 032599A]


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Trip Limit Adjustments

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces changes to the restrictions to the Pacific 
Coast groundfish limited entry and open access fisheries to clarify 
landings restrictions north and south of Cape Mendocino, California; in 
the limited entry fisheries to clarify the canary rockfish cumulative 
landings limit south of Cape Mendocino; in the open access fisheries, 
to revise trip limits for Sebastes complex species, including 
yellowtail rockfish, canary rockfish, black rockfish, blue rockfish; 
revises the trip limits in the pink shrimp exempted trawl open access 
fishery for overall groundfish, Dover sole, whiting, and sablefish 
landings; and provides three technical corrections to the annual 
specifications and management measures. These restrictions are

[[Page 16863]]

intended to clarify some of the restrictions within the 1999 annual 
management measures and to extend the fisheries as long as possible 
during the year while keeping landings within the 1999 optimum yields 
(OYs) and allocations for these species.

DATES: Effective 0001 hours local time (l.t.) April 1, 1999. For 
vessels operating in the B platoon, effective from 0001 hours (l.t.) 
April 16, 1999. These changes are in effect, unless modified, 
superseded or rescinded, until the effective date of the 2000 annual 
specifications and management measures for the Pacific Coast groundfish 
fishery, which will be published in the Federal Register. Comments will 
be accepted through April 22, 1999.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
N.E., BIN C15700, Bldg. 1, Seattle, WA 98115-0070; or William Hogarth, 
Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 
4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Katherine King or Yvonne deReynier, 
Northwest Region, NMFS, 206-526-6140.

SUPPLEMENTARY INFORMATION: The following changes to current management 
measures (published January 8, 1999 at 64 FR 1316) were recommended by 
the Pacific Fishery Management Council (Council), in consultation with 
the States of Washington, Oregon, and California, at its March 9 
through 12, 1999, meeting in Portland, OR.

Clarification to the Limited Entry Limit for Canary Rockfish Landed 
South of Cape Mendocino

    For the 1999 annual specifications and management measures, the 
Council recommended and NMFS adopted limited entry 2-month cumulative 
limits for the periods beginning April 1, 1999, of 9,000 lb (4,082 kg) 
for canary rockfish coastwide, and 6,500 lb (2,948 kg) for Sebastes 
species south of Cape Mendocino. Canary rockfish is managed within the 
Sebastes complex and limited by the Sebastes complex trip limit, but 
neither the Council nor NMFS noticed that the coastwide canary rockfish 
limit for the 2-month periods beginning April 1 exceeded the overall 
Sebastes complex limit for those same 2-month periods in the southern 
area. The Council recommended at its March 1999 meeting that NMFS 
correct this discrepancy in time for the beginning of the April 1 
through May 31 2-month cumulative limit period. The Council recommended 
that the cumulative limit for canary rockfish south of Cape Mendocino 
within a 2-month cumulative limit period not exceed the Sebastes 
complex south of Cape Mendocino cumulative limit for that same period. 
Consequently, the 2-month cumulative trip limit for canary rockfish 
south of Cape Mendocino is reduced to 6,500 lb (2,948 kg).

Cape Mendocino Management Line for Sebastes Complex Species

    Chilipepper rockfish and splitnose rockfish are separate from the 
Sebastes complex south of Cape Mendocino, and are managed by cumulative 
limits that do not count toward the Sebastes complex limits south of 
Cape Mendocino. North of Cape Mendocino, chilipepper rockfish and 
splitnose rockfish are part of the Sebastes complex. For the first 
cumulative limit period of 1999, January 1 through March 31, the 
overall Sebastes complex limit north of Cape Mendocino was 24,000 lb 
(10,866 kg), the overall Sebastes complex limit south of Cape Mendocino 
was 13,000 lb (5,897 kg), the chilipepper rockfish limit south of Cape 
Mendocino was 45,000 lb (20,412 kg), and the splitnose rockfish limit 
south of Cape Mendocino was 32,000 lb (14,515 kg).
    Vessels targeting Pacific Coast groundfish generally are not 
restricted to fishing in particular areas. There are, however, 
restrictions for vessels that operate in two different management 
areas, with different cumulative trip limits, but within a single 
cumulative limit period. The 1999 annual specifications and management 
measures (64 FR 1316, January 8, 1999) deal with this issue at 
paragraph IV.A.(12), ``Operating in areas with different trip limits'' 
with ``cross-over'' provisions at sub-paragraphs (a) and (b):

    (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.

    After the 1999 specifications and management measures went into 
effect, NMFS began to receive telephone calls from fishing vessel 
owners and operators who were fishing near the Cape Mendocino 
management line, wondering how to apply the ``cross-over'' provisions 
to fishing for Sebastes complex species. With the higher overall 
Sebastes complex limit north of Cape Mendocino and the large 
chilipepper and splitnose rockfish limits south of Cape Mendocino, 
fishers wanted to know how they could maximize their catch without 
exceeding landings limits. It became apparent that vessels could take 
the larger Sebastes complex limit north of Cape Mendocino, then move 
south of Cape Mendocino and catch chilipepper rockfish and/or splitnose 
rockfish if the bycatch of Sebastes were discarded.
    After much consideration, NMFS determined that the ``cross-over'' 
provisions in the 1999 annual specifications and management measures 
were not specific enough to deal with this particular problem, and 
asked the Council for clarification at its March 1999 meeting.
    At the March 1999 meeting, the Council considered a variety of 
possible interpretations of how to apply the ``cross-over'' provisions 
to the different Sebastes complex, chilipepper rockfish, and splitnose 
rockfish limits. The Council primarily wanted to clarify these 
provisions in a way that would not encourage discards. The Council did 
not want vessels to first target the higher Sebastes complex limit 
north of Cape Mendocino and then to move south to take chilipepper 
rockfish and splitnose rockfish and discard Sebastes complex species 
south of Cape Mendocino. Chilipepper rockfish and splitnose rockfish 
are often caught in association with other Sebastes complex species, 
and if vessels are targeting chilipepper and splitnose without also 
being allowed to retain Sebastes complex species, those Sebastes 
complex species would have to be discarded.
    To resolve this issue, the Council recommended revising the 1999 
``cross-over'' provisions to deal specifically with Sebastes complex 
species so that if a vessel takes and retains either chilipepper 
rockfish and/or splitnose rockfish south of Cape Mendocino, that vessel 
would be subject to the south of Cape Mendocino Sebastes complex limit 
for the remainder of the cumulative limit period, no matter where it 
takes and retains, possesses or lands Sebastes complex species.

Increases to Open Access Monthly Limits for Sebastes Complex 
Species

    Beginning in 1999, Sebastes complex limits for the open access 
fishery were

[[Page 16864]]

unlinked from the limited entry fishery so that open access groundfish 
landings might be better spread throughout the year. At its November 
1998 meeting, the Council had recommended an open access cumulative 
monthly limit for Sebastes complex species north of Cape Mendocino of 
3,600 lb (1,633 kg), of which no more than 400 lb (181 kg) per month 
could be species other than yellowtail or canary rockfish. The Council 
also recommended that within the Sebastes complex limit for north of 
Cape Mendocino, the monthly cumulative limit for yellowtail rockfish 
would be 2,600 lb (1,179 kg), and the monthly cumulative limit for 
canary rockfish would be 1,000 lb (454 kg). After the November Council 
meeting, an error was discovered in the Pacific Fisheries Information 
Network (PacFIN) data system, which had wrongly attributed some past 
rockfish landings to the open access fishery north of Cape Mendocino. 
As a result of this error, the Council had made its recommendation for 
the 1999 trip limit based on data that had overestimated landings 
projections for the open access fishery. The 400 lb (181 kg) limit for 
species other than yellowtail and canary rockfish within the Sebastes 
complex limit appeared unnecessarily restrictive and burdensome in 
light of the post-meeting information. For these reasons, NMFS 
disapproved the 400 lb (181 kg) trip limit and asked the Council to 
address open access limits north of Cape Mendocino at its March 1999 
meeting. NMFS did approve and implement the Council's recommendation 
for an overall Sebastes cumulative trip limit of 3,600 lb (1,633 kg) 
per month, with the sublimits of 2,600 lb (1,179 kg) of yellowtail 
rockfish and 1,000 lb (454 kg) of canary rockfish.
    At its March 1999 meeting, following corrections of open access 
landings information, the Council reconsidered open access Sebastes 
complex limits. The Council's Groundfish Management Team (GMT) compared 
past harvest rates with 1999 allocations for a variety of species and 
advised the Council that the open access trip limits for Sebastes 
complex species and yellowtail rockfish north of Cape Mendocino and for 
canary rockfish coastwide would not allow attainment of the open access 
allocations for these species. For this reason, the Council recommended 
at its March 1999 meeting to revise the open access cumulative landings 
limits for Sebastes complex species north of Cape Mendocino and for 
canary rockfish coastwide to an overall Sebastes complex limit of 
12,000 lb (5,443 kg) per month north of Cape Mendocino and an overall 
Sebastes complex limit of 2,000 lb (907 kg) south of Cape Mendocino, 
within which: No more than 6,500 lb (2,948 kg) per month may be 
yellowtail rockfish north of Cape Mendocino; no more than 2,000 lb (907 
kg) per month may be canary rockfish coastwide; no more than 3,500 lb 
(1,588 kg) per month may be black rockfish and blue rockfish north of 
Cape Mendocino, and no more than 2,000 lb (907 kg) per month may be 
species other than yellowtail rockfish, canary rockfish, black rockfish 
and blue rockfish north of Cape Mendocino. Current open access limits 
for bocaccio south of Cape Mendocino would remain in effect and would 
continue to count toward the overall Sebastes complex limit of 2,000 lb 
(907 kg) for that area.
    Although the sum of the cumulative monthly limits for canary 
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and 
other Sebastes rockfish is greater than the overall monthly cumulative 
limit for the Sebastes complex north of Cape Mendocino, the overall 
Sebastes complex limit may not be exceeded. Consequently, the monthly 
cumulative limits for canary rockfish, yellowtail rockfish, black 
rockfish and blue rockfish, and other Sebastes complex species north of 
Cape Mendocino cannot all be achieved. Similarly, the canary rockfish 
coastwide limit is equal to the Sebastes complex limit south of Cape 
Mendocino. Any canary rockfish taken south of Cape Mendocino counts 
against the overall Sebastes complex limit, which may not be exceeded.
    The adjusted trip limits are calculated to provide a year long 
fishing opportunity. Pacific Coast groundfish landings are monitored 
throughout the year, and further adjustments to cumulative trip limits 
will be made as necessary.

Pink Shrimp Fishery

    Groundfish regulations allow shrimp trawlers to retain and land 
groundfish caught incidentally on fishing trips targeting pink shrimp. 
Pink shrimp trawls are one of the open access ``exempted'' trawl gears. 
Under the 1999 management measures, exempted trawl gears are managed 
under a 300 lb (136 kg) groundfish ``per trip'' limit, including the 
same daily trip limits for sablefish (300 lb (136 kg) north of 36 deg. 
N. lat. and 350 lb (159 kg) south of 36 deg. N. lat.) and thornyheads 
(50 lb) (22.7 kg) per day south of Point Conception) as all other open 
access gears. This limit was a change from previous years' management 
measures for pink shrimp trawlers, which had been permitted to multiply 
the daily trip limit for groundfish by the number of days in the 
fishing trip.
    The pink shrimp fishery has historically been managed to allow 
landings of incidentally caught groundfish, so that fishers would not 
be required by regulations to discard those groundfish. At the March 
1999 Council meeting, the GMT advised the Council that restricting the 
pink shrimp fishery to 300 lb (136 kg) of groundfish per trip might 
force regulatory discards of incidentally caught groundfish, without 
reducing the discard mortality in the pink shrimp fishery. If 
management measures for pink shrimp trawlers accommodate landings of 
incidentally caught groundfish, those landings (by vessels without 
limited entry permits) are counted against the open access groundfish 
allocations. Incidentally caught groundfish that are discarded are not 
measured and are not counted against allocations. However, assumptions 
are made about overall discards and discards are taken into account 
when calculating overall harvest. Furthermore, some shrimp fishers 
testified that groundfish are a historical, desirable component of 
their shrimp/groundfish fishery and should not be treated as incidental 
catch. For these reasons, the Council recommended setting a new trip 
limit for vessels engaged in fishing for pink shrimp with exempted 
trawl gear at 500 lb (227 kg) of groundfish per day, multiplied by the 
number of days of the fishing trip, but not to exceed 2,000 lb (907 kg) 
per trip. The 500 lb (227 kg) per day portion of this limit had been in 
effect until January 1, 1999. All groundfish landings in the pink 
shrimp fishery, except for Dover sole and Pacific whiting landings, 
would continue also to be managed under species-specific daily, 
monthly, and 2-month cumulative trip limits (including the 1,800 lb 
(817 kg) 2-month cumulative limit for sablefish), except that the daily 
trip limit for sablefish north of 36 deg. N. lat. would no longer apply 
to this fishery. Dover sole and Pacific whiting landings would be 
constrained by the per trip groundfish limit. The Council further 
recommended that, in any landing by vessels engaged in fishing for pink 
shrimp, the amount of groundfish landed not exceed the amount of pink 
shrimp landed.

Groundfish Taken by Exempted Trawl Gears Outside of the Pink Shrimp 
Fishery

    In addition to the pink shrimp fishery, groundfish may be landed by 
vessels using exempted trawl gear in fisheries targeting spot and 
ridgeback prawns,

[[Page 16865]]

California halibut, and sea cucumber. The Council considered 
restricting landings of groundfish taken in all exempted trawl 
fisheries so that in any landing, the amount of groundfish landed would 
not exceed the amount of the target species landed. This issue was 
tabled until the April 1999 Council meeting, so that the Council could 
have the benefit of advice from its Groundfish Advisory Panel.

Inseason Trip Limit Adjustments Between Council Meetings

    The 1999 cumulative trip limit periods for the limited entry 
fishery include 2-month cumulative limit periods for April-May, June-
July, and August-September. During those periods, Council meetings are 
scheduled for April, June, and September, which means that the Council 
could only make inseason adjustments at its April meeting for June 1 
and at its June meeting for August 1. At its March 1999 meeting, the 
Council's GMT recommended that the Council plan to make no trip limit 
adjustments at the April meeting, because landings data from the 
January 1 through March 31 cumulative limit period would not be 
available until after that meeting. To allow itself more flexibility 
for inseason adjustments, the Council decided that if it wants the 
opportunity to adjust trip limits before June 1, a conference call 
could be conducted with individuals identified by the Council to 
recommend adjustments based on recommendations from the May 1999 GMT 
meeting. A similar conference call could be scheduled in July if GMT 
recommendations from the July 1999 GMT meeting suggest that inseason 
adjustments are necessary.

Corrections to the 1999 Specifications and Management Measures

    This document also contains three technical corrections to the 1999 
annual specifications and management measures (64 FR 1316, January 8, 
1999). The definition of a daily trip limit at Section IV, under 
A.(1)(b) states that under a daily trip limit, only two landings of 
groundfish may be made in a 24-hour period. This was a mistake. For 
years, under a daily trip limit, only one landing could be made in a 
24-hour period, and that restriction was not changed for 1999. 
Therefore, a correction is being made in this document to the 
definition of ``daily trip limit'' to restrict the number of landings 
under a daily trip limit to one in a 24-hour period.
    The second mistake is in Section IV, under A.(1)(c)(i)(C), which 
states that in 1999, limited entry permit transfers take effect on the 
first day of a major cumulative limit period, and that those days in 
1999 are January 1, April 1, June 1, August 1, October 1, November 1, 
and December 1. According to the groundfish regulations at 50 CFR 
660.333 (c)(1), ``* * * Transfers of permits designated as 
participating in the ``B'' platoon will become effective on the first 
day of the next ``B'' platoon major limited entry cumulative limit 
period following the date of the transfer * * *'' Therefore, a 
correction has been made to this section of the annual specifications 
to include the effective dates of transfer for those vessels 
participating in the ``B'' platoon.
    The third mistake is in Section IV, under B.(2)(b), which reads, 
``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.'' This sentence is internally inconsistent, and is also 
inconsistent with the next paragraph, which makes clear that bocaccio 
do count toward the overall Sebastes limit. Therefore, this section is 
being modified to clarify that bocaccio count toward the overall 
Sebastes complex limits.

NMFS Action

    For the reasons stated above, NMFS concurs with the Council's 
recommendations and announces the following changes to the 1999 annual 
management measures (64 FR 1316, January 8, 1999, as amended). The 
annual management measures are modified as follows:
    1. In section IV, under A. General Definitions and Provisions, 
paragraphs (1)(b) and (1)(c)(i)(C) are revised, paragraph (12) 
introductory text is revised, and paragraph (12)(c) is added to read as 
follows:

A. General Definitions and Provisions

* * * * *
    (1) * * *
    (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 local time. Only one landing of groundfish may be made 
in that 24-hour period. Daily trip limits may not be accumulated during 
multiple day trips.
    (c) * * *
    (i) * * *
    (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 660.333 (c)(1)), those days 
in 1999 are January 1, April 1, June 1, August 1, October 1, November 
1, and December 1. For vessels with permits authorized to participate 
in the ``B'' platoon, those days in 1999 are January 16, April 16, June 
16, August 16, October 16, November 16, and December 16.
* * * * *
    (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, unless otherwise specified as in paragraph (c) for chilipepper 
and splitnose rockfishes and the Sebastes complex. * * *
* * * * *
    (c) Chilipepper Rockfish, Splitnose Rockfish and the Sebastes 
Complex. If a vessel takes and retains, possesses, or lands any 
splitnose or chilipepper rockfish south of Cape Mendocino, then the 
more restrictive Sebastes complex cumulative trip limit applies during 
the same cumulative limit period, no matter where the Sebastes complex 
is taken and retained, possessed, or landed.
* * * * *
    2. In section IV, under B. Limited Entry Fishery, paragraph 
B.(2)(b) and table 3 under B.(2)(b)(i) are revised to read as follows:

B. Limited Entry Fishery

* * * * *
    (2) * * *
    (b) Trip limits for the Sebastes complex. Harvest of all Sebastes 
complex species, 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. Crossover provisions for operating on both 
sides of Cape Mendocino during a cumulative trip limit period are found 
in Section IV, paragraph (A)(12), with special provisions for 
chilipepper rockfish, splitnose rockfish, and the Sebastes complex.
    (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:

[[Page 16866]]



                                                  Table 3.--Sebastes Complex and its Component Species
                                                                    [except bocaccio]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Cumulative Trip Limits (in pounds)
                                                  --------------------------------------------------------------------------------
                                 Cumulative trip     Sebastes complex (north and     Yellowtail          Canary rockfish \1\       Length of  Cumulative
             Phase                limit periods       south of Cape Mendocino)      rockfish \1\  -----------(coastwide)----------   trip limit period
                                                  -------------------------------- (north of Cape
                                                        North           South        Mendocino)         North           South
--------------------------------------------------------------------------------------------------------------------------------------------------------
I.............................  Jan 1-Mar 31.....          24,000          13,000          15,000           9,000           9,000  3 months.
                                                      (10,886 kg)      (5,897 kg)      (6,804 kg)      (4,082 kg)      (4,082 kg)
II............................  Apr 1-May 31.....          25,000           6,500          13,000           9,000           6,500  2 months.
                                June 1-July 31...          25,000           6,500          13,000           9,000           6,500  2 months.
                                Aug 1-Sept 30....          25,000           6,500          13,000           9,000           6,500  2 months.
                                                      (11,340 kg)      (2,948 kg)     (5, 897 kg)      (4,082 kg)      (2,948 kg)
III...........................  Oct 1-31.........          10,000           5,000           5,000           3,000           3,000  1 month.
                                Nov 1-30.........          10,000           5,000           5,000           3,000           3,000  1 month.
                                Dec 1-31.........          10,000           5,000           5,000           3,000           3,000  1 month.
                                                       (4,536 kg)      (2,268 kg)      (2,268 kg)      (1,361 kg)      (1,361 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also counts toward the overall Sebastes complex limit, which may not be exceeded.

* * * * *
    3. In section IV, under C. Trip limits in the Open Access Fishery, 
paragraphs C.(1)(d)(i), C.(1)(g), C.(2), C.(4), C.(5), and the heading 
of paragraph C.(6) are revised, and paragraph C.(7) is added to read as 
follows:

C. Trip Limits in the Open Access Fishery

* * * * *
    (1) * * *
    (d) Sebastes complex--(i) Cumulative monthly limits. The cumulative 
monthly limit for the Sebastes complex is 12,000 lb (5,443 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 2,000 lb (907 kg) per month may be canary 
rockfish coastwide, no more than 6,500 lb (2,948 kg) per month may be 
yellowtail rockfish north of Cape Mendocino, no more than 3,500 lb 
(1,588 kg) per month may be black rockfish and blue rockfish combined 
north of Cape Mendocino, no more than 2,000 lb (907 kg) per month may 
be Sebastes complex species other than yellowtail rockfish, canary 
rockfish, black rockfish and blue 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: The sum of the cumulative monthly limits for canary 
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and 
other Sebastes rockfish is greater than the overall monthly cumulative 
limit for the Sebastes complex north of Cape Mendocino, which may not 
be exceeded. Consequently, the monthly cumulative limits for canary 
rockfish, yellowtail rockfish, black rockfish and blue rockfish, and 
other Sebastes complex species north of Cape Mendocino cannot all be 
achieved. Similarly, the canary rockfish coastwide limit is equal to 
the Sebastes complex limit south of Cape Mendocino. Any canary rockfish 
taken south of Cape Mendocino counts against the overall Sebastes 
complex limit, which may not be exceeded.]
* * * * *
    (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, as stated in paragraph 
IV.C.(1)(d). (The black rockfish limit is also stated in paragraph 
IV.B.(9))
    (2) Sablefish. The 2-month cumulative limit periods for sablefish 
taken in the open access fishery are the same as those stated above for 
the limited entry nontrawl fishery at paragraph IV.B.(6)(d)(ii).
    (a) Hook-and-line, pot, setnet, trammel net, exempted trawl gears 
used by vessels engaged in fishing for spot and ridgeback prawns, 
California halibut, or sea cucumber. The following trip limits apply to 
all open access gear, except for exempted trawl gear used by vessels 
engaged in fishing for pink shrimp.
    (i) 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.
    (ii) 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). 
[Note: All sablefish taken by vessels engaged in fishing for spot and 
ridgeback prawns, California halibut, or sea cucumber with exempted 
trawl gear may not exceed and counts against the 300 lb (136 kg) per 
trip limit for groundfish specified below at paragraph IV.C.(6).]
    (b) Sablefish taken by vessels engaged in fishing for pink shrimp 
with exempted trawl gear. North of 36 deg. N. lat., the cumulative trip 
limit for sablefish is 1,800 lb (816 kg) per 2-month period. South of 
36 deg. N. lat., the daily trip limit for sablefish is 350 lb (159 kg) 
per day, which may not be multiplied by the number of days in the trip.
* * * * *
    (4) Dover sole. The monthly cumulative limit for Dover sole is 100 
lb (45 kg) and applies to all open access gear, except for vessels 
engaged in fishing for pink shrimp with exempted trawl gear, which are 
constrained by the overall groundfish limits in paragraph IV.C.(7).
    (5) Pacific whiting. The monthly cumulative limit for Pacific 
whiting is 100 lb (45 kg), and applies to all open access gear, except 
for vessels engaged in fishing for pink shrimp with exempted trawl 
gear, which are constrained by the overall groundfish limits in 
paragraph IV.C.(7).
    (6) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for spot and ridgeback prawns, California halibut, and sea 
cucumbers * * *
* * * * *
    (7) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for pink shrimp. The trip limit for a vessel engaged in fishing 
for pink shrimp is 500 lb (227 kg) of groundfish per day, multiplied by 
the number of days of the fishing trip, but not to exceed 2,000 lb (907 
kg) per trip. In addition, no other open access limits may be exceeded 
by a vessel engaged in fishing for pink shrimp, except for the

[[Page 16867]]

limits for Dover sole and Pacific whiting, landings of which are 
constrained by the per trip groundfish limits. In any landing by 
vessels engaged in fishing for pink shrimp, the amount of groundfish 
landed may not exceed the amount of pink shrimp landed. [Note: Although 
vessels engaged in fishing for pink shrimp were permitted to retain 
thornyheads in the latter half of 1998, retention of thornyheads north 
of Pt. Conception is prohibited for this and all other open access 
fisheries in 1999.]
* * * * *

Classification

    These actions are authorized by the regulations implementing the 
Pacific Coast Groundfish Fishery Management Plan. The determination to 
take these actions is based on the most recent data available. The 
aggregate data upon which the determinations are based are available 
for public inspection at the office of the Administrator, Northwest 
Region, NMFS (see ADDRESSES) during business hours. Because of the need 
for immediate action to implement these changes at the beginning of the 
April through May 2-month cumulative limit period, and because the 
public had an opportunity to comment on the action at the March 1999 
Council meeting, NMFS has determined that good cause exists for this 
document to be published without affording a prior opportunity for 
public comment or a 30-day delayed effectiveness period. These actions 
are taken under the authority of 50 CFR 660.323 (b)(1), and are exempt 
from review under E.O. 12866.

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

    Dated: March 31, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-8429 Filed 4-1-99; 4:20 pm]
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