[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Rules and Regulations]
[Pages 24062-24066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11158]


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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. 042299A]


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 fisheries for Dover sole and trawl-
caught sablefish in the April-May cumulative limit period, and for 
Sebastes complex species (including bocaccio, canary rockfish, and 
yellowtail rockfish) and for widow rockfish in the June-July, and 
August-September cumulative limit periods. NMFS announces changes to 
the restrictions on open access landings of groundfish by vessels 
fishing with exempted trawl gear. NMFS also announces the season start 
and end dates, and the tier limits for the 1999 limited entry, regular 
sablefish fishery. These restrictions are intended to extend the 
fisheries as long as possible during the year while keeping landings 
within the 1999 optimum yields (OYs) for these species and allocations.

DATES: Effective from 0001 hours local time (l.t.) May 1, 1999, for 
changes to limited entry Dover sole and trawl-caught sablefish limits, 
for changes to open access exempted trawl groundfish limits, and for 
the announcement of the limited entry, fixed gear regular sablefish 
fishery; effective from 0001 hours l.t. June 1, 1999, for changes to 
limited entry widow rockfish, Sebastes complex, yellowtail rockfish, 
canary rockfish, and bocaccio. For vessels operating in the B platoon, 
effective from 0001 hours l.t. May 16, 1999, for changes to limited 
entry Dover sole and trawl-caught sablefish limits; effective from 0001 
hours l.t. June 16, 1999, for changes to limited entry widow rockfish, 
Sebastes complex, yellowtail rockfish, canary rockfish, and bocaccio. 
These changes are in effect, unless modified, superseded or rescinded, 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 May 20, 1999.

ADDRESSES: Submit comments to William Stelle, Jr., Administrator, 
Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way 
NE, 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 were recommended by the Pacific Fishery Management Council 
(Council), in consultation with the States of Washington, Oregon, and 
California, at its April 5 through 9, 1999, meeting in Sacramento, CA.

[[Page 24063]]

Dover Sole and Trawl-Caught Sablefish Trip Limit Increases--
Effective May 1, 1999

    As described in the 1999 annual specifications and management 
measures (64 FR 1316, January 8, 1999), the Council introduced a new 
cumulative trip limit regime for 1999 that divides the fishing year 
into three different phases based on 3-month, 2-month, and 1-month 
periods, with specified limits for the different time periods for each 
species in each phase. The limits were set to keep landings within OYs 
for managed species, and to distribute varying percentages of the 
landings of each species between the different cumulative limit 
periods.
    The first fishing phase in 1999 was a single 3-month cumulative 
limit period from January 1 through March 31, 1999. The Dover sole 
vessel cumulative trip limit for that period was 70,000 lb (31,752 kg), 
and the fleet was expected to take 35 percent of the 1999 Dover sole 
landed catch OY of 8,955 mt, or 3,134 mt, during that period. The best 
available information at the April Council meeting indicates that 2,570 
mt of Dover sole had been landed through March 27, 1999. To give the 
fleet access to Dover sole not taken in the January 1 through March 31 
cumulative limit period, the Council recommended increasing the Dover 
sole cumulative limit for the April 1 through May 31 cumulative limit 
period from 20,000 lb (9,072 kg) to 25,000 lb (11,340 kg). This change 
would be effective for only the April 1 through May 31 cumulative limit 
period; the June 1 through July 31, and the August 1 through September 
30 cumulative trip limits for Dover sole will return to 20,000 lb 
(9,072 kg), unless altered by future inseason actions.
    The trawl-caught sablefish cumulative trip limit for the January 1 
through March 31 period was 13,000 lb (5,897 kg), and the fleet was 
expected to take 20 percent of the 1999 limited entry trawl-caught 
sablefish allocation of 3,475 mt, or 695 mt, during that period. The 
best available information at the April Council meeting indicates that 
504 mt of sablefish had been landed by limited entry trawl vessels 
through March 27, 1999. To give the fleet access to sablefish not taken 
in the January 1 through March 31 cumulative limit period, the Council 
recommended increasing the trawl-caught sablefish cumulative limit for 
the April 1 through May 31 cumulative limit period from 10,000 lb 
(4,536 kg) to 12,000 lb (5,443 kg). This change would also be effective 
for only the April 1 through May 31 cumulative limit period; the June 1 
through July 31 and August 1 through September 30 cumulative trip 
limits for trawl-caught sablefish will return to 10,000 lb (4,536 kg), 
unless altered by future inseason actions. These lower limits for Dover 
sole and sablefish are expected to be more appropriate for the summer 
months, when Dover sole and sablefish are more aggregated with 
thornyheads. Shortspine thornyheads are relatively low in abundance, so 
trip limits for other species in the Dover sole/thornyheads/trawl-
caught sablefish complex are higher in the months when those species 
are less inter-mixed.

Changes to Open Access Groundfish Landings Restrictions for Vessels 
Fishing With Exempted Trawl Gear--Effective May 1, 1999

    On April 7, 1999, NMFS published an inseason action for groundfish 
trip limit changes that were effective April 1 (64 FR 16862). Among 
other changes, that document implemented a March 1999 Council 
recommendation to restrict open access landings of groundfish by 
vessels engaged in fishing for pink shrimp with exempted trawl gear 
such that the amount of groundfish in any one landing could not exceed 
the amount of pink shrimp in that landing. At its April meeting, the 
Council recommended placing a similar restriction on vessels targeting 
other species (spot and ridgeback prawns, California halibut, and sea 
cucumber) with exempted trawl gear. These changes are intended to 
discourage fishers from targeting groundfish with exempted trawl gear. 
The Council recommended an exception to this restriction for spiny 
dogfish, such that the amount of spiny dogfish in a landing made by 
vessels using exempted trawl gear and targeting spot or ridgeback 
prawns, California halibut, or sea cucumber could exceed the amount of 
the target species in that landing. Spiny dogfish are abundant off the 
Pacific coast and fishers targeting spot or ridgeback prawns 
occasionally find that their prawn-targeting tows have inadvertently 
captured a net full of spiny dogfish. Spiny dogfish landings would 
continue to be constrained by the overall groundfish 300 lb (136 kg) 
per trip limit.

Widow Rockfish Trip Limit Decrease--Effective June 1, 1999

    The widow rockfish vessel cumulative trip limit for the January 1 
through March 31 period was 70,000 lb (31,753 kg), and the limited 
entry fleet was expected to take 35 percent of its 1999 widow rockfish 
allocation of 3,777 mt, or 1,322 mt, during that period. The best 
available information at the April Council meeting indicated that 1,362 
mt of widow rockfish had been landed coastwide through March 27, 1999. 
Although this amount is close to the 1,322 mt target for that period, 
the Council's Groundfish Management Team commented that the pace of the 
fishery indicated that widow rockfish cumulative limits for the summer 
cumulative limit periods were set too high, and that the expected rates 
of landings could result in the fishery reaching the widow rockfish 
allocation before the end of the year. For these reasons, the Council 
recommended decreasing the widow rockfish cumulative limit for the June 
1 through July 31 and for the August 1 through September 30 cumulative 
limit periods from 16,000 lb (7,257 kg) to 11,000 lb (4,990 kg).

Sebastes Complex and Component Species Trip Limit Changes--
Effective June 1, 1999

    The distribution of landings of different species in the 1999 
cumulative trip limit regime was designed in part to correspond with 
the times when particular species are most available for harvest 
without bycatch. For Dover sole and trawl-caught sablefish, trip limits 
were higher in the winter months; but for Sebastes complex species, 
trip limits were higher in the summer months. Overall Sebastes complex 
landings, and landings of particular component species within the 
Sebastes complex north of Cape Mendocino, have been lower than expected 
for the January 1 through March 31 cumulative trip limit period, 
probably due to bad weather. To give the fleet access to fish not taken 
in the first fishing phase, yet continue Sebastes complex landing 
emphasis in the summer months, the Council recommended increasing 
several Sebastes limits north of Cape Mendocino for the June 1 through 
July 31 and for the August 1 through September 30 cumulative trip limit 
periods. Conversely, Sebastes complex landings south of Cape Mendocino 
have been proceeding much faster than had been expected, resulting in 
Council recommendations to decrease Sebastes limits south of Cape 
Mendocino for those same periods.
    The overall Sebastes complex vessel cumulative trip limit north of 
Cape Mendocino for the January 1 through March 31 period was 24,000 lb 
(10,866 kg), within which no more than 15,000 lb (6,804 kg) could be 
yellowtail rockfish and no more than 9,000 lb (4,082 kg) could be 
canary rockfish. The fleet was expected to take 20 percent of the 1999 
Sebastes complex Vancouver-Columbia areas limited entry target

[[Page 24064]]

harvest of 4,033 mt, or 807 mt, during the January 1 through March 31 
cumulative limit period. The limited entry fleet was also expected to 
take 20 percent of its 1999 yellowtail rockfish Vancouver-Columbia 
areas target harvest of 2,080 mt, or 416 mt, during the January 1 
through March 31 cumulative limit period, and the fleet was expected to 
take 20 percent of the 1999 canary rockfish Vancouver-Columbia areas 
limited entry allocation of 618 mt, or 124 mt, during that same period. 
The best available information at the April Council meeting indicates 
that 432 mt of Sebastes complex species had been landed from the 
Vancouver-Columbia areas through March 27, 1999, and that 269 mt of 
yellowtail rockfish and 33 mt of canary rockfish had been landed from 
the Vancouver-Columbia areas for that period. The Council recommended 
increasing cumulative limits for the June 1 through July 31 and for the 
August 1 through September 30 cumulative limit periods as follows: 
Sebastes complex north of Cape Mendocino from 25,000 lb (11,340 kg) to 
30,000 lb (13,608 kg); yellowtail rockfish north of Cape Mendocino from 
13,000 lb (5,897 kg) to 16,000 lb (7,257 kg); and canary rockfish north 
of Cape Mendocino from 9,000 lb (4,082 kg) to 14,000 lb (6,350 kg).
    The overall Sebastes complex vessel cumulative trip limit south of 
Cape Mendocino for the January 1 through March 31 period was 13,000 lb 
(5,897 kg), within which no more than 750 lb (340 kg) per month could 
be bocaccio, and within which no more than 9,000 lb (4,082 kg) could be 
canary rockfish [The canary rockfish cumulative limit for the January 1 
through March 31 period was a coastwide limit]. The fleet was expected 
to take 31 percent of the 1999 Sebastes complex Eureka-Monterey-
Conception areas limited entry allocation of 941 mt, or 292 mt, during 
the January 1 through March 31 cumulative limit period. The best 
available information at the April Council meeting indicates that 665 
mt of Sebastes complex species had been landed from the Eureka-
Monterey-Conception areas through March 27, 1999.
    At its November 1998 meeting, the Council anticipated that bocaccio 
would be considered overfished upon approval of Amendment 11 to the 
groundfish fishery management plan (FMP). The 1999 bocaccio Eureka-
Monterey-Conception areas limited entry allocation is 101 mt and 1999 
bocaccio cumulative limits were set low to discourage targeting. In 
March 1999, NMFS notified the Council that bocaccio is considered 
overfished, and that the Council must implement a bocaccio rebuilding 
plan for 2000. During its April 1999 meeting, the Council reviewed a 
petition from several environmental organizations asking for emergency 
inseason action to further reduce bocaccio catch and landings. Bocaccio 
landings in 1999 are already below 1998 landings for a comparative time 
period, and the best available information at the April 1999 Council 
meeting indicates that 17 mt of bocaccio had been landed from the 
Eureka-Monterey-Conception areas through March 27, 1999. The Council 
noted that it would be lowering the overall Sebastes complex limits 
south of Cape Mendocino for the June 1 through July 31 and for the 
August 1 through September 30 cumulative limit periods, expecting that 
bocaccio bycatch also would be reduced by this action. Additionally, 
the Council recommended reducing the current cumulative limit for 
bocaccio south of Cape Mendocino from 750 lb (340 kg) per month to 
1,000 lb (454 kg) per 2-month period, with a 500 lb (227 kg) per trip 
limit.
    To ensure that the fleet does not exceed the limited entry 
allocations for Sebastes complex species, and to provide protection for 
an overfished species, the Council recommended decreasing cumulative 
limits south of Cape Mendocino for the June 1 through July 31 and for 
the August 1 through September 30 cumulative limit periods as follows: 
Sebastes complex south of Cape Mendocino from 6,500 lb (2,948 kg) to 
3,500 lb (1,588 kg); canary rockfish south of Cape Mendocino limited to 
not exceed the overall Sebastes complex limit, resulting in a canary 
rockfish cumulative limit decrease from 6,500 (2,948 kg) to 3,500 lb 
(1,588 kg) south of Cape Mendocino; and, bocaccio would be managed 
under a new cumulative limit of 1,000 lb (454 kg) per 2-month period 
with a 500 lb (227 kg) per trip limit. Limited Entry, Fixed Gear, 
Regular Sablefish Fishery.
    At its April 1999 meeting, the Council considered season structure 
options for the 1999 limited entry, nontrawl (fixed gear) regular 
sablefish fishery. For 1999, the Council recommended that the regular 
season begin on August 16, 1999, at noon (l.t.) and last for 9 days, 
ending at noon on August 25, 1999. There will be no limited entry, 
daily trip limit fishery for sablefish taken with fixed gear during the 
regular season. During the regular season, each vessel with a limited 
entry permit with a sablefish endorsement that is registered for use 
with that vessel may land up to the cumulative trip limit for the tier 
to which the permit is assigned. The Council recommended the following 
tier limits: Tier 1, 84,800 lb (40,823 kg); Tier 2, 38,300 lb (17,373 
kg); Tier 3, 22,000 lb (9,979 kg). These tier limits are expected to 
keep the overall fleet landings from exceeding the 2138.6 mt of 
sablefish available to this fishery.
    The pre-season and post-season closures described for this fishery 
at 50 CFR Sec. 660.323(a)(2) will be in effect. The preseason closure 
will begin on August 14, 1999 at noon l.t., last for 48 hours, and end 
when the regular season begins on August 16, 1999, at noon l.t. During 
the preseason closure, sablefish taken with fixed gear in the limited 
entry or open access fisheries north of 36 deg. N. lat. may not be 
retained or landed. Also during the preseason closure, all fixed gear 
used to take and retain groundfish must be out of the water. The post-
season closure will begin when the regular season ends on August 25, 
1999, at noon l.t., last for 30 hours, and end on August 26, 1999, at 
1800 hours l.t. No sablefish taken with fixed gear north of 36 deg. N. 
lat. may be retained during the post-season closure. Sablefish taken 
and retained during the regular season may be possessed and landed 
during the post-season closure, and gear may remain in the water during 
the post-season closure. However, during the post-season closure, 
fishers may not set or pull from the water fixed gear used to take and 
retain groundfish.

NMFS Action

    For the reasons stated, 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 B. Limited Entry Fishery, table 2 under 
paragraph B.(1), paragraphs B.(2)(b) and (i) and table 3 under 
paragraph B.(2)(b)(i), paragraph B.(6)(c) and table 6 under B.(6)(c), 
and paragraph B.(6)(d)(i) are revised to read as follows:

B. Limited Entry Fishery

* * * * *
    (1) * * *

[[Page 24065]]



                                            Table 2.--Widow Rockfish
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                                                                                                     Length of
                                                                                                    cumulative
             Fishing phase              Cumulative trip limit periods    Cumulative trip limit      trip limit
                                                                              (in pounds)             period
                                                                                                     (months)
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I.....................................  Jan 1-Mar 31.................  70,000...................               3
                                                                       31,752 kg................
II....................................  Apr 1-May 31.................  16,000...................               2
                                                                       7,257 kg.................
                                        June 1-July 31...............  11,000...................               2
                                        Aug 1-Sept 30................  11,000...................               2
                                                                       4,990 kg.................
III...................................  Oct 1-31.....................  30,000...................               1
                                        Nov 1-30.....................  30,000...................               1
                                        Dec 1-31.....................  30,000...................               1
                                                                       13,608 kg................
----------------------------------------------------------------------------------------------------------------

    (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.
    (i) 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. 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
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                                                                                                     Cumulative trip limits (in pounds)
                                                        ---------------------------------------------------------------------------------------------------------------------------   Length of
                                      Cumulative trip     Sebastes complex (north and south of                           Canary rockfish \1\ (coastwide)                             cumulative
              Phase                    limit periods                 Cape Mendocino)                 Yellowtail     ---------------------------------------- Bocaccio \1\(south of   trip limit
                                                        ----------------------------------------    rockfish \1\                                                Cape Mendocino)        period
                                                                North               South          (north of Cape           North               South                                 (months)
-----------------------------------------------------------------------------------------------------Mendocino)---------------------------------------------------------------------------------
I................................  Jan 1-Mar 31........  24,000............  13,000............  15,000............  9,000.............  9,000.............  750 per month........             3
                                                         (10,886 kg).......  (5,897 kg)........  (6,804 kg)........  (4,082 kg)........  (4,082 kg)........  (340 kg).............
II...............................  Apr 1-May 31........  25,000............  6,500.............  13,000............  9,000.............  6,500.............  750 per month........             2
                                                         (11,340 kg).......  (2,948 kg)........  (5,897 kg)........  (4,082 kg)........  (2,948 kg)........  (340 kg).............
                                   June 1-July 31......  30,000............  3,500.............  16,000............  14,000............  3,500.............  \2\ 1,000............             2
                                   Aug 1-Sept 30.......  30,000............  3,500.............  16,000............  14,000............  3,500.............  \2\ 1,000............             2
                                                         (13,608 kg).......  (1,588 kg)........  (7,257 kg)........  (6,350 kg)........  (1,588 kg)........  (454 kg).............
III..............................  Oct 1-31............  10,000............  5,000.............  5,000.............  3,000.............  3,000.............  500..................             1
                                   Nov 1-30............  10,000............  5,000.............  5,000.............  3,000.............  3,000.............  500..................             1
                                   Nov 1-30............  10,000............  5,000.............  5,000.............  3,000.............  3,000.............  500..................            1
                                                         (4,536 kg)........  (2,268 kg)........  (2,268 kg)........  (1,361 kg)........  (1,361 kg)........  (227 kg).............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also counts toward the overall Sebastes complex limit.
\2\ No more than 500 lb (227 kg) of bocaccio may be landed per trip, which counts towards the cumulative trip limits for bocaccio and the Sebastes complex south of Cape Mendocino.

* * * * *
    (6) * * *
    (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 two species: Shortspine 
thornyheads (S. alascanus) and longspine thornyheads (S. altivelis). 
These provisions apply to Dover sole and thornyheads caught with any 
limited entry gear and to sablefish caught with limited entry trawl 
gear. The cumulative trip limits for the DTS complex are as follows, 
unless otherwise announced in the Federal Register:

[[Page 24066]]



                                                                  Table 6.--DTS Complex
                                                                       [Coastwide]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Cumulative trip limits (in pounds)
                                                     ------------------------------------------------------------------------------------    Length of
                                    Cumulative trip                             Longspine            Shortspine          Trawl-caught       cumulative
              Phase                  limit periods         Dover sole           thornyhead           thornyhead           sablefish*        trip limit
                                                        cumulative trip      cumulative trip      cumulative trip      cumulative trip        period
                                                             limit                limit                limit                limit            (months)
--------------------------------------------------------------------------------------------------------------------------------------------------------
I...............................  Jan 1-Mar 31......  70,000.............  12,000.............  3,000..............  13,000.............               3
                                                      (31,752 kg)........  (5,443 kg).........  (1,361 kg).........  (5,897 kg).........
II..............................  Apr 1-May 31......  25,000.............  8,000..............  2,000..............  12,000.............               2
                                                      (11,340 kg)........                                            (5,443 kg).........
                                  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
                                  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).........
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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)
  total length. (See paragraph IV.A.(6) regarding length measurement.) The increases to the Dover sole and trawl-caught sablefish trip limits for the
  April 1 through May 31 period are not effective until May 1, 1999.

    (d) * * *
    (i) Regular season. The regular season will begin at 12 noon l.t. 
on August 16, 1999, and end at noon on August 25, 1999. Pre-season and 
post-season closures described at 50 CFR Sec. 660.323(a)(2) are in 
effect. The pre-season closure will begin at 12 noon l.t. on August 14, 
1999, and end when the regular season begins, at 12 noon l.t. on August 
16, 1999. The post-season closure will begin when the regular season 
ends at noon l.t. on August 25, 1999, and end at 1800 hours l.t. on 
August 26, 1999. During the regular season, each vessel with a limited 
entry permit with a sablefish endorsement that is registered for use 
with that vessel may land up to the cumulative trip limit for the tier 
to which the permit is assigned. For 1999, the following tier limits 
are in effect: Tier 1, 84,800 lb (40,823 kg); Tier 2, 38,300 lb (17,373 
kg); Tier 3, 22,000 lb (9,979 kg).
* * * * *
    2. In section IV, under C. Trip Limits in the Open Access Fishery, 
paragraph C. (6) is revised to read as follows:
    C. Trip Limits in the Open Access Fishery
* * * * *
    (6) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for 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. In any landing by vessels engaged 
in fishing for spot and ridgeback prawns, California halibut, or sea 
cucumbers with exempted trawl gear, the amount of groundfish landed may 
not exceed the amount of the target species landed, except that the 
amount of spiny dogfish (Squalus acanthias) landed may exceed the 
amount of target species landed. Spiny dogfish are limited by the 300 
lb (136 kg) per trip overall 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.
* * * * *

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 
to implement these changes by May 1, consistent with the states of 
Washington, Oregon, and California, and because the public had an 
opportunity to comment on the action at the April 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: April 28, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-11158 Filed 4-29-99; 4:52 pm]
BILLING CODE 3510-22-P