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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021209300-3048-02; I.D. 112502C]

RIN 0648-AQ18

Magnuson-Stevens Act Provisions; 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:

Final rule.

SUMMARY:

NMFS issues this final rule to implement the 2003 fishery specifications and management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California. Final specifications include the levels of the acceptable biological catch (ABC) and optimum yields (OYs). Commercial OYs (the total catch OYs reduced by tribal allocations and by amounts expected to be taken in recreational and compensation fisheries) described herein are allocated between the limited entry and open access fisheries. Management measures for 2003 are intended to prevent overfishing, rebuild overfished species, minimize incidental catch and discard of overfished and depleted stocks, provide equitable harvest opportunity for both recreational and commercial sectors, and, within the commercial fisheries, achieve harvest guidelines and limited entry and open access allocations to the extent practicable.

DATES:

Effective March 1, 2003, until the 2004 annual specifications, unless modified, superseded, or rescinded through a publication in the

Federal Register

.

ADDRESSES:

Copies of the Final Environmental Impact Statement (FEIS) are available from Donald McIsaac, Executive Director, Pacific Fishery Management Council (Council), 7700 NE Ambassador Place, Portland, OR 97220. Copies of the Record of Decision (ROD)final regulatory flexibility analysis (FRFA) and the Small Entity Compliance Guide are available from D. Robert Lohn, Administrator, Northwest Region (Regional Administrator), NMFS, 7600 Sand Point Way N.E., Bldg. 1, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier or Becky Renko (Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736; and e-mail: yvonne.dereynier@noaa.gov, becky.renko@noaa.gov or Svein Fougner (Southwest Region, NMFS), phone: 562-980-4000; fax: 562-980-4047; and e-mail: svein.fougner@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This final rule also is accessible via the Internet at the Office of the Federal Register's website at http://www.access.gpo.gov/su_docs/aces/aces140.htm. Background information and documents are available at the NMFS Northwest Region website at http://www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and at the Council's website at http://www.pcouncil.org.

Background

A proposed rule to implement the 2003 specifications and management measures for Pacific Coast groundfish was published on January 7, 2003 (68 FR 936). NMFS requested public comment on the proposed rule through February 7, 2003. During the comment period on the proposed rule, NMFS received five letters of comment, which are addressed later in the preamble to this final rule. See the preamble to the proposed rule for additional background information on the fishery and on this rule.

The Pacific Coast Groundfish Fishery Management Plan (FMP) requires that fishery specifications for groundfish be annually evaluated and revised, as necessary, that OYs be specified for species or species groups in need of particular 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. To ensure that new 2003 fishery management measures were effective January 1, 2003, NMFS published an emergency rule announcing final management measures for January-February 2003 (68 FR 908, January 7, 2003). Annual specifications for 2003 and management measures for March-December 2003 were proposed in a separate rule, also published on January 7, 2003.

Specifications and management measures announced in this rule for 2003 are designed to rebuild overfished stocks through constraining direct and incidental mortality, to prevent overfishing, and to achieve as much of the OYs as practicable for more abundant groundfish stocks managed under the FMP.

Comments and Responses

During the comment period for the 2003 specifications and management measures, which ended on February 7, 2003, NMFS received five letters of comment. These letters of comment were received opposing different portions of the rule: two from non-governmental organizations representing environmental interests, two from an association of seafood processors, and one from the government of Canada.

Comments on Harvest Specifications and Overfished Species Rebuilding

Comment 1:

The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that overfished species be rebuilt within as short a time as possible. For a number of overfished West Coast groundfish species, rebuilding periods have been designated as the maximum time possible without any analysis as to why this time frame is warranted. Further, the Council and NMFS are overdue in preparing formal rebuilding plans (in the form of an FMP, an FMP amendment, or Federal regulations) for the nine overfished groundfish species.

Response:

In relevant part, the Magnuson-Stevens Act requires that rebuilding periods be as short as possible, taking into account the status and biology of the overfished stocks, and the needs of fishing communities, and not exceed ten years except in cases where the biology of the stock requires more time to rebuild (as is true of most of the nine overfished groundfish stocks). Under the National Standard Guidelines that implement the Magnuson-Stevens Act, the maximum times to rebuild are: 1) for stocks that can be rebuilt within ten years with no fishing, ten years, and 2) for stocks that cannot be rebuilt within ten years with no fishing, the time to rebuild in the absence of fishing, plus one mean generation. In establishing rebuilding periods, the Council and NMFS endeavor to meet the conservation requirements (National Standard 1) while taking into account the needs of fishing communities (National Standard 8).

The proposed rule defined the rebuilding parameters for each species, including: that portion of the stock that has been designated as overfished; the biomass estimate from the most recent assessment; the maximum allowable time to rebuild (TMAX); rebuilding target (TTARGET) years (must have at

least a 50 percent probability of rebuilding within the specified time); the probability of rebuilding within the maximum permissible time period (PMAX); and the harvest measures that are being adopted to keep the total fishing mortality (typically expressed as the fishing mortality rate) within the specified OYs that will achieve TTARGET. Policy makers only have control over three of these parameters: TTARGET, PMAX and the fishing mortality rate. NMFS disagrees that rebuilding periods have been designated as the maximum time possible. With the exception of bocaccio rockfish (see response to Comment 2 regarding need for a sustainability analysis), there are no TTARGET periods that are at or above TMAX for the overfished rockfish species.

The Council is currently preparing Amendment 16, which establishes the process and standards for rebuilding plans and incorporates rebuilding measures into the FMP. Overfished species are currently managed under interim rebuilding strategies, and it is not expected that the final rebuilding plans will differ substantially in their basic biological parameters, taking into account any changes that would be made as a result of new data on overfished stocks' parameters. Thus, overfished species are not disadvantaged by not having formal rebuilding plans at this time.

Comment 2:

NMFS has proposed a 20 mt OY for the badly overfished bocaccio rockfish. This harvest level fails to meet the rebuilding requirements of the Magnuson-Stevens Act because it would allow only a 50 percent chance of rebuilding bocaccio within 170 years. NMFS admits that this bocaccio harvest level violates its National Standard Guidelines and claims that the Guidelines do not address the bocaccio situation. Although we believe that the National Standard Guidelines themselves violate the Magnuson-Stevens Act, NMFS cannot simply dismiss those Guidelines.

Response:

In the revised bocaccio rebuilding analysis prepared following the June 2002 Council meeting, the bocaccio stock failed to have a 50 percent probability of rebuilding by TMAX, even in the absence of fishing. NMFS subsequently prepared a sustainability analysis for bocaccio rockfish to determine the fishing rates that would lead to no further decline in abundance over a specified time frame. The sustainability analysis shows that a harvest level of ≤20 mt would provide a 50 percent probability for the stock to rebuild in 170 years, with a high probability (>80 percent) of no further decline in the spawning biomass over the next 100 years. The southern bocaccio rockfish stock has suffered poor recruitment during the warm water conditions that have prevailed off Southern California since the late 1980s. If a period of good recruitment occurs, the stock could be expected to rebuild much faster than estimated.

The National Standard Guidelines do not address the situation where NMFS concludes that a stock cannot rebuild by TMAX, even with zero fishing mortality. Therefore, NMFS has determined that the National Standard Guidelines do not provide sufficient guidance for the bocaccio rockfish situation and instead has looked directly to the Magnuson-Stevens Act for guidance. Section 304(e)(4)(A)(i) states that a rebuilding period shall “be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem.”

NMFS believes that the Magnuson-Stevens Act requires that the Council and NMFS meet the conservation needs of the stock (National Standard 1), and also consider the needs of fishing communities (National Standard 8). In balancing these considerations NMFS has determined that zero fishing mortality is not required for this situation. Zero fishing mortality would seriously adversely affect fishers and communities in California south of Cape Mendocino because commercial fisheries (including fisheries for non-groundfish species) and recreational fisheries that incidentally catch bocaccio would be severely curtailed or closed altogether for many years into the future.

Comment 3:

NMFS violates the Magnuson-Stevens Act by proposing the same cowcod OY as in previous years. NMFS has not adequately assessed whether the amount of cowcod discard that is occurring is above or below the 4.8 mt OY. Finally, NMFS has failed to address the fact that its prohibition of cowcod landing and retention is not being complied with in practice the FEIS shows 0.8 mt of cowcod landed in 2001, the first year in which cowcod retention and landings were prohibited.

Response:

NMFS believes that the ABC/OY alternatives presented in the FEIS represent a reasonable range of alternatives. Under each alternative, a full suite of ABC/OYs for all managed species were considered. For cowcod, where no new stock assessment information was available, the outcome and projections from the previous assessments (the best scientific information) and rebuilding analyses were carried over into the new fishing year.

The cowcod OY is based on a constant fishing mortality rate rebuilding strategy that is approximately 1 percent of the population (See Council documents: Revised Rebuilding Plan for West Coast Cowcod Exhibit C.10 Attachment 3, June 2001.) As new assessments are prepared for cowcod and as the stock recovers, the annual OY will increase in direct proportion to the biomass. These rates are consistent with the long term rebuilding goals defined for the individual species and recommended by the Council.

NMFS agrees that further analysis is needed to fully understand how prohibiting bottom fishing activities in two Cowcod Conservation Areas in the Southern California Bight (estimated to be the most important habitats for cowcod) and no retention regulations coastwide affect the total mortality of cowcod. Despite these uncertainties, NMFS anticipates that efforts to minimize bocaccio fishing-related mortality south of Cape Mendocino will provide further protection for cowcod, which have a similar latitudinal and depth distribution and reside in similar habitats as bocaccio. These measures include: the elimination of all directed bocaccio rockfish retention; new depth based management measures that will prohibit groundfish-directed bottom trawl; reduced limited entry fixed gear and open access fishing opportunities in the depths where bocaccio are most commonly found; and the closure of the California recreational fisheries south of 40°10′ N. lat. from January through June 2003.

Data collected by observers in the commercial fishery support this opinion. From September 1, 2001 to August 31, 2002, prior to implementing the rockfish conservation area, a total of 322 lb (146 kg) of cowcod were weighed by NMFS observers on limited entry trawl trips, south of 40°10′ N. lat., where some groundfish was retained. When expanded to account for sub-sampling of some tows, the estimated total cowcod catch on these observed trips is 751 lb (341 kg), in association with 745,162 lb (338 mt) of retained groundfish. Using the average tow depth recorded by the observers as the measure of fishing depth, 95 percent of the weighed cowcod and 93 percent of the expanded cowcod catch occurred on tows within the depth ranges upon which the 2003 rockfish conservation area is based. No attempt has been made yet to extrapolate these results to the

entire limited entry trawl fleet, in terms of either the total amount or depth distribution of all cowcod bycatch. However, they may serve as a general indicator of the depth-distribution of cowcod bycatch and the potential effectiveness of the conservation area.

The source of all 1,764 lb (800 kg) of cowcod landings in 2001 is unclear at this time. A small amount (100 lb, 45 kg) of the cowcod appear to have been retained during NMFS survey cruises where research catch is sold to offset the survey costs. The reminder is most likely attributable to fishers mis-identifying the species and landing them as part of other market categories. When those categories are sampled for species composition and cowcod are found, the ratio of pounds of cowcod to total pounds is then applied to the entire market category for that sampling unit (gear/period/port group) to estimate the total amount of cowcod that were landed. The cowcod landings in 2002 were further reduced over 2001.

Comment 4:

One commenter stated that the OY for darkblotched rockfish was too low because it was based on an 80 percent probability of rebuilding by Tmax, suggesting that a 60 percent probability of rebuilding by that date was a reasonable standard for meeting rebuilding requirements. Conversely, another commenter stated that the OY level for darkblotched was too high because it is higher than catch limits that were in force in 2001. This second commenter also notes that the 2003 specifications claim a higher likelihood of rebuilding than claimed in the 2002 specifications.

Response:

The goals of rebuilding programs are to achieve the population size and structure that will support MSY within a specified time period while minimizing to the extent practicable, the social and economic impacts associated with rebuilding, including adverse impacts on fishing communities.

NMFS guidance on rebuilding plans specifies that the minimum possible time to rebuild is the time to rebuild in the absence of fishing. For darkblotched rockfish, the minimum time to rebuild is 14 years (2014). The mean generation time for darkblotched rockfish is 33 years, therefore the maximum allowable time to rebuild would be 47 years (2047). In determining the target rebuilding time period NMFS guidance recommends that the target rebuilding time be shorter than the maximum allowable time. The recommended default in section 3.4 of the technical guidance document (Technical Guidance On the Use of Precautionary Approaches to Implementing National Standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act NOAA Technical Memorandum NMFS-F/SPO-## July 17, 1998) is that the target rebuilding time not exceed the midpoint between the minimum and maximum possible rebuilding times (Tmid).

A draft rebuilding analysis was prepared in May 2001 and presented to the Council at its June 2001 meeting. This draft analysis was revised by NMFS in August 2001 and was adopted by the Council at its September 2001 meeting. The new analysis indicated that the stock was more depleted than originally estimated (12 percent vs 22 percent of unfished biomass,) and that the stock could not be rebuilt within 10 years as was previously thought. Therefore, the OYs since 2002 reflect an extended rebuilding trajectory.

The 2002 OY of 168 mt, was based on a 70 percent probability of rebuilding the stock to MSY by TMAX. This is equivalent to a TTARGET of 2034. The 2003 OY of 172 mt is based on the rebuilding analysis, which has a 80 percent probability of rebuilding the stock to MSY by TMAX. This is equivalent to a TTARGET of 2030. The Council recommended and NMFS agrees, that an OY of 172 mt for 2003 provides a reasonable balance between the length of time for rebuilding the stock and the adverse economic impacts to the limited entry trawl sector. The projected darkblotched biomass increase results in a higher OY even though the rebuilding time is shorter.

Comment 5:

The OY for Pacific ocean perch (POP) is too low because it was based on a 70 percent probability of rebuilding by Ttarget. A 60 percent probability of rebuilding by that date is a reasonable standard for meeting rebuilding requirements.

Response:

In 2001 the POP rebuilding analysis was updated with the most recent scientific information. In 2002, the OY of 350 mt reflected a 70 percent probability of rebuilding by the year 2042. For 2003, three OYs based on the most recent rebuilding analysis and corresponding to 50, 70, and 80 percent probabilities of rebuilding the stock by the year 2041 were presented to the Council. The Council recommended OY of 377 mt which corresponds to a 70 percent probability of rebuilding the stock by 2041. This OY was chosen because it was consistent with the interim rebuilding strategy adopted by the Council in prior years.

NMFS agrees with the Council's recommendation, and believes that increasing the OY for POP to a level that corresponds to a 60 percent probability of rebuilding the stock by 2041 provides little if any benefit to fishers. Because POP is a slope species and is found in similar areas as darkblotched rockfish, measures to protect darkblotched rockfish reduce the availability of POP to the commercial fishery. The best available data on December 31, 2002 indicates that only about 50 percent of the available OY for POP was landed in 2002. With the 2003 conservation areas, there will likely be fewer opportunities for vessels to directly or indirectly take POP, therefore there would be no benefit to fishers from raising the OY.

Comment 6:

The yelloweye rockfish OY is 63 percent higher than in 2002. While the agency suggests that yelloweye rockfish is in better shape than it was a year ago, the higher OY results in a rebuilding period that is 15 years longer than it would have been under 2002 harvest levels.

Response:

For 2002, the ABC for yelloweye rockfish was set in acknowledgment that this stock would be designated as overfished and was based on the recommendation from the stock assessment author and the Stock Assessment Review Panel that reviewed the assessment. The Council adopted a total catch OY for yelloweye rockfish that was based on a precautionary adjustment of 50 percent of the specified ABC.

On January 11, 2002, yelloweye rockfish was declared overfished (67 FR 1555). At the Council's June 2002 meeting, an initial yelloweye rockfish rebuilding analysis, based on the 2001 assessment, was prepared and presented. The development of rebuilding measures for yelloweye rockfish was hampered in this process because this assessment did not cover waters off the coast of Washington. In August 2002, an updated assessment was completed in order to incorporate data from Washington, an important area of yelloweye rockfish abundance, and to incorporate newly available age data.

The assessment update concluded that the coastwide yelloweye rockfish spawning female biomass was at 24.1 percent of its unfished biomass at the beginning of 2002. This is in contrast to the 2001 assessment that estimated that yelloweye rockfish was at about 7 percent of its unfished biomass in waters off northern California and at 13 percent of its unfished biomass in waters off Oregon. A new rebuilding analysis was prepared following completion of the 2002 assessment. Due to the less depleted stock status and higher productivity estimated by the updated assessment, the rebuilding period is shorter than had been initially estimated. The estimated year to rebuild

in the absence of fishing is 2027, while the target rebuilding year associated with a 22 mt OY for 2003 is 2052(TMID). Selecting an OY that corresponds to TMID is consistent with NMFS guidance on rebuilding plans.

NMFS believes that the Magnuson-Stevens Act requires that the Council and NMFS meet the conservation needs of the stock (National Standard 1), and also consider the needs of fishing communities (National Standard 8). A lower rebuilding OY, which would further reduce the potential income of the fishers is not required.

Comment 7:

One commenter stated that the sablefish should be set higher, at 8,187 mt, which would be based on recruitment changes affected by environmental conditions, the default MSY proxy, and the Council's harvest control rule. Failing to base the sablefish OY on environmental conditions ignore the best available science, which show that environmental conditions affect stock status. Conversely, another commenter stated that the sablefish OY is 30 percent higher than that recommended by the Council's Allocation Committee, saying that the higher amount is not justified.

Response:

The SSC indicated that the medium and high OYs were relatively risk-prone and advised the Council that caution should be used when setting the 2003 harvest levels. The 5,000 mt OY, as recommended by the Council's ad hoc Allocation Committee, was consistent with the Scientific and Statistical Committee (SSC) recommendation because it addressed uncertainty in the assessment relating to the different states of nature.

After deliberations, the Council recommended OY of 6,500 mt which is a 7,455 mt OY, based on a 40/10 adjustment to the ABC, with an additional 1,000 mt precautionary reduction. The Council based its recommendation on the SSC's advice to be precautionary because of assessment uncertainties, and because the sablefish biomass is within the precautionary range. While the OY is higher than that recommended by the Allocation Committee, this OY is still considered to be risk averse rather than risk neutral. NMFS agrees with the Council's recommendation.

Comment 8:

One commenter stated that the whiting OY is too low and is set at a harvest rate that is more conservative than the Council's default rate, which is unjustified. Another commenter stated that the OY is contrary to the scientific advice of the U.S. Canada Review Panel. A third commenter stated that the whiting OY was higher than recommended by the Council's SSC and that setting the higher OY was unjustified.

Response:

In estimating the current biomass, NMFS used a medium level recruitment assumption of a recent (1999) large year class. The medium recruitment level was considered to be risk neutral. The U.S. ABC of 188,000 mt is 80 percent of the coastwide ABC. The U.S. whiting OY is 148,200 mt which is 80 percent of the coastwide OY (185,325 mt) and is based on the application of an F45% harvest rate, reduced by the Council's default rebuilding 40-10 harvest rate policy. Under the 40-10 harvest rate policy, the OYs of stocks that are below B40% abundance are set at increasingly more conservative rates the farther they are below B40%.

The SSC advised the Council to be precautionary when setting the Pacific whiting OY and not increase it over the 2002 harvest level (U.S. OY for 2002 was 129,600 mt) until a new assessment was conducted. However, the Council indicated that the medium harvest level, 148,200 mt (13 percent increase over 2002), based on the 2003 projected biomass with an F45% harvest rate proxy was sufficiently precautionary, because the risk neutral medium recruitment assumption and a more conservative harvest rate proxy were applied. The ABC for a species or species group is generally derived by multiplying the harvest rate proxy by the biomass to forecast the amount of harvest available to the fishery. Because of expected whiting biomass growth in the coming years, this will result in a short-term increase in the OY. However, the more precautionary harvest rate proxy is expected to increase the rebuilding rate and reduce the risk of declining back into an overfished state because whiting is a highly productive species.

The Joint Canada-U.S. Review Panel on the Stock assessment of the Coastal Pacific Hake/Whiting stock met in February 2002 and prepared a report, which was used by the Council and SSC in recommending the Pacific whiting harvest levels for 2002. While both U.S. and Canadian review panel members had a common interest in conducting sound technical review, they had different responsibilities in terms of the type of advice expected by the Council and Canadian Department of Fisheries and Oceans. Specifically, the review panel recommended changing the harvest rate to an F45% harvest rate and selecting the harvest level bounded by the low and medium recruitment scenarios for the 1999 year-class. This was a risk adverse policy recommendation that was not adopted by the Council for the reasons previously stated.

Comment 9:

NMFS has failed to compensate for overharvest in past years' fisheries in proposing harvest limits for 2003. In its proposed rule at 68 FR 953, NMFS discussed overfishing that had occurred in 2001, but not in 2002, claiming that landings data was not available at the time of the publication of the proposed rule. A full month has passed since the end of 2002, therefore, NMFS will violate the Magnuson-Stevens Act if it fails to consider 2002 catch data in making its final decision on the 2003 specifications.

Response:

Each year since 2000, NMFS has provided a brief report within the preamble to the proposed rule on whether overfishing occurred on any groundfish species in the last year for which data was available. This report is not a required part of the preamble to the specifications and is simply provided as an update for the public. The commenter has taken a sentence from that report and revised its context so as to accuse the agency of failing to consider 2002 data in crafting specifications and management measures for 2003. The Council and its participating state and Federal agencies consider all available data, including catch data from the current fishing year when devising specifications and management measures for the upcoming fishing year.

To the extent that they were available, data from fisheries conducted during 2002 were used in evaluating 2003 management options for all fleets targeting groundfish. Inseason comparison of trawl bycatch projections with reported landings during the first four months of 2002 resulted in adjustments to the expected target species landings of vessels within the 2003 model. Additionally, because trawl landings of bocaccio during the first four months exceeded the total bycatch projected for that timespan, bocaccio bycatch rates were increased for modeling the 2003 trawl fishery. Recommendations for management of the fixed gear, daily trip limit fishery for sablefish also incorporated landings during the first four months of 2002, in conjunction with catch rates over the previous three years. Early season landings in the recreational and commercial fixed gear fisheries for nearshore rockfish were included in evaluating 2003 management, along with recent years' landings. However, in the region north of 40°10′ N. lat., participation is usually low early in the year due to bad weather. As a result, landings during this period are of

limited use in evaluating the overall adequacy of measures adopted for the entire year. While recreational and commercial fixed gear vessels are usually more active in the region south of 40°10′ N. lat. early in the year, these groundfish fisheries were closed during two of the first four months of 2002, restricting their usefulness. As data for May and June became available during the summer, they were examined, and incorporated into 2003 projections where appropriate.

In this letter of comment, the commenter refers to the Quota Species Monitoring (QSM) system, asserting that this system collects and reports data within about two weeks of landings and is used for inseason management. This comment expresses a common confusion between the best available science and the most recently available science. The QSM system provides estimates of total landings for managed species that are used for inseason fishery monitoring to show managers general fishery trends, such as whether a particular species is being landed at higher or lower amounts than the previous year or cumulative limit period. QSM data is not used in stock assessments because assessments require more accurate and specific landings data, data that comes from fishtickets. Data from fishtickets is also needed and used to predict individual vessel behavior within different management scenarios. Information from fishtickets, which detail the landings of individual vessels, is not available until several months after the landings recorded by those fish tickets were made. Accurate landings data from fishtickets represents the best available scientific information about how landings of the different groundfish species are distributed between various ports coastwide. Landings levels predicted by the QSM system represent only the most recently available information on general landings trends and cannot substitute for the accuracy and specificity of fishticket landings data.

Stock assessments conducted during 2002 were initiated very early in the year, and were completed by April. Catches are specified in the models on an annual basis, and given the Council's ability to respond to early trends through use of inseason adjustments, it would not have been appropriate to have modified the models' assumptions regarding expected 2002 catch, based on only 2 months of landings data.

Comment 10:

We disagree with NMFS's statement that “[N]ew leglisative mandates . . . gave highest priority to preventing overfishing and rebuilding overfished stocks.” National Standard 1 requires fisheries management measures to prevent overfishing “while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.”

Response:

The Magnuson-Stevens Act contains ten National Standards that characterize the nation's primary objectives for Federal fisheries management. National Standard 1 reads as follows: “Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.” National Standard 8 reads as follows: “Conservation and management measures shall, consistent with the conservation requirements of this Act (including the prevention of overfishing and rebuilding of overfished stocks), 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 the adverse economic impacts on such communities.” Balancing these two national standards is at the heart of the challenge faced by NMFS and the Council in managing West Coast groundfish fisheries. National Standard 8 does recognize the importance of fishing communities, but it makes that recognition while reminding managers of their obligation to prevent overfishing and rebuild overfished stocks.

Bycatch and Discard

Comment 11:

The 2003 groundfish management measures are a complex combination of trip limits and depth-based closures; however, the agency lacks much of the scientific information needed to ensure the success of this management scheme. The agency must establish an accurate accounting system to measure total catch and must establish a monitoring system to measure the depths at which the different species are caught. We fully endorse the use of vessel monitoring systems (VMS) to both enforce depth-based closures and to provide much-needed data on the catch locations for particular species.

Response:

NMFS agrees. The groundfish management measures are certainly complex and will require monitoring systems to both enforce regulations and to provide scientific information on the effectiveness of the regulations at protecting overfished groundfish species. NMFS is investigating VMS units and preparing its computer database facilities for receiving and organizing VMS data. The agency expects to soon publish a proposed rule that would set out requirements for all limited entry vessels that fish for groundfish to carry VMS. These proposed regulations would undergo public review and comment while the burden of increased public reporting duties associated with VMS were also under public review and Office of Management and Budget review under the Paperwork Reduction Act. If NMFS approves final VMS regulations for implementation, the agency expects that this system would provide much-needed data on the locations and depths at which vessels fish. Such information would be subject to Magnuson-Stevens Act confidentiality restrictions, but is expected to be very useful to NMFS enforcement and science centers. Data from the groundfish observer program and from the VMS program are expected to notably improve NMFS scientific information on West Coast groundfish and groundfish fishing activities. Data from the NMFS observer program will enhance the agency's ability to estimate the total catch of not only bycatch species, but target species, as well. Appropriate application of observer discard data to entire fleets requires substantial data review and modeling; this work is now underway.

Comment 12:

Three commenters discussed the current model for bycatch analysis and suggested that NMFS needs to update and improve the data used in that analysis. In particular, the commenters were critical of the use of trawl logbook data in the current bycatch analysis, saying that the data is old and does not accurately reflect current fishing patterns. Commenters also suggested that NMFS incorporate observer data into its bycatch rate analyses, and use that data to check its bycatch rate assumptions for 2003. One of these commenters further noted that the bycatch model only addresses the trawl fisheries and asked that NMFS conduct a review of its data sources on fishing-related mortality and update the FMP to specify the types of data needed to improve estimates of total mortality.

Response:

NMFS agrees that the bycatch model needs to be updated and needs to incorporate observer data, and the agency and the Council are working toward those ends. On January 27-29, 2003, the Council's SSC sponsored a workshop to review the bycatch model and the data sources for that model. The SSC plans to evaluate the report of the workshop review panel at its March 2003 meeting, which will be held concurrently with the Council's March 9-14, 2003 in Sacramento, California,

and provide the Council with its recommendations at the April 2003 Council meeting. NMFS believes that this SSC review is an important step toward improving the bycatch model to better support groundfish management.

NMFS agrees that observer data from the new NMFS West Coast groundfish observer program needs to be incorporated into the bycatch model. Before using the data for inseason management, NMFS must first review the data for potential sources of bias and, in conjunction with the SSC, determine the most appropriate methods for incorporating the new data into the bycatch model. On January 30, 2003, NMFS released its first report on observer program data. The observer program began in August 2001 and this new report provides data from the August 2001 through August 2002 period. NMFS Northwest Fisheries Science Center is currently determining how best to integrate the new observer data into the model. Results from the first year of the observer program's activities are available online as the West Coast Groundfish Observer Program Initial Data Report and Summary Analyses at http://www.nwfsc.noaa.gov/ fram/ Observer/ datareport.htm.

NMFS also agrees that logbook data should not be a primary data source for the bycatch rates used in the model, although the agency notes that logbook and fish ticket data are likely to remain integral to projecting fleet behavior within the bycatch model. One commenter noted that fishing strategies have changed since the 1999 logbook data used in the model became available. While it is true that fishing strategies have changed, the 1999 logbook data are used to show co-occurrence between the more abundant targeted stocks and overfished stocks during a period when fishing was less restricted. Fishery managers need to know how co-occurrence ratios looked during less restrictive fishing periods in order to better craft fishing restrictions that will reduce interceptions of overfished species. Another commenter noted that logbooks only show the beginnings of tow locations, not the direction and duration of the tows. NMFS and the Council need more accurate information on where trawl vessels are fishing throughout their tows. However, individual trawl tows may last for hours and encompass a wide range of depths. Consequently, even complete information regarding the path of any tow would not eliminate all ambiguity on where particular species were caught. NMFS also needs more information on the fishing locations of the non-trawl and recreational fleets in addition to improvements in trawl fishing location data. If NMFS is able to approve the VMS system regulations discussed above in the response to Comment 11, the agency expects that its data on the locations and depths at which vessels fish will be markedly improved. While the VMS regulations would initially apply to limited entry vessels fishing for West Coast groundfish, NMFS anticipates expanding these requirements to commercial passenger fishing vessels (recreational charter boats) and to the open access groundfish fleet.

NMFS agrees that the current bycatch model only addresses the groundfish trawl fleet. During development of the model, bycatch rate data were unavailable for other fleets that catch groundfish. The NMFS observer program is collecting data from non-trawl fishery participants. As more data become available, it is the agency's intent to expand the bycatch model to include other gear types. With respect to the comment that NMFS needs to conduct a review of its data sources on fishing-related mortality, NMFS refers the public to the NMFS Northwest Fisheries Science Center's 2002 Groundfish Research Plan in 2002, which is available online at http://www.nwfsc.noaa.gov/ fram/ GFresearchplan.htm. Among other things, the Groundfish Research Plan provides planning goals for investigating bycatch and discard, and how these contribute to total groundfish mortality.

Comment 13:

NMFS has refused to seriously consider the alternative of managing the fishery under a system of discard caps, under which the fishery would be closed if a certain amount of discard occurred.

Response:

NMFS has refused to seriously consider the alternative of managing the fishery under a system of discard caps, under which the fishery would be closed if a certain amount of discard occurred.

“Discard caps” generally refers to a management tool whereby an entire fishery, or fishing by an individual vessel, is halted when discard quotas for designated species are reached. Administration of such a system requires real-time information on discards as the fishery progresses, either through comprehensive, direct observation by fishery observers, or by a combination of observer and landings data that can be extrapolated to yield a reliable estimate of discards. While NMFS has not “refused to seriously consider” managing the Pacific Coast groundfish fishery with a discard caps program, there is no data collection system in place, nor is there likely to be in the near future, on which to base a system of discard caps. NMFS will be analyzing discard caps more fully in its Supplemental Programmatic Environmental Impact Statement, a preliminary draft of which should be available for public review in late summer 2003.

West Coast groundfish management uses a similar management tool that has been adapted to account for the relatively data poor conditions in the West Coast groundfish fishery. The bycatch model, which is currently under scientific review as discussed earlier in this section, estimates the amounts of overfished species that will be taken in fisheries targeting more abundant stocks. These estimates are stratified over the months of the year, because historic data has shown that groups of groundfish species are taken in different combinations at different times of the year. Estimated bycatch and discard of overfished species is monitored through the catch and landings levels of targeted species. For example, NMFS will monitor the amounts of Dover sole and sablefish landed to estimate the amount of darkblotched rockfish discard in that sector of the fishery. Darkblotched rockfish is a deepwater rockfish species incidentally taken with Dover sole and sablefish. The Council recommends adjustments to the trip limits and/or closures of different sectors of the fishery if the OYs for overfished species are estimated to be approached. In 2002, for example, the Council learned at its June meeting that it had not accounted for darkblotched rockfish taken south of 40°10′ N. lat. when it developed the 2002 specifications and management measures. To prevent the deepwater fisheries from exceeding the darkblotched rockfish OY, the Council reduced trip limits for deepwater species in July and August and recommended area closures in waters where darkblotched rockfish is commonly found for September-December. NMFS implemented the Council's July-August recommendation, but found in investigating its September-December recommendation that darkblotched rockfish are more likely to be taken by vessels targeting deepwater species in September than in the summer or winter months. Thus, NMFS closed deepwater trawl fisheries in September and implemented area closures for October-December via an emergency rule.

NMFS began its observer program in August 2001 and, as mentioned above,

has just reported its first results. However, the observer program does not have the resources to provide observer data to managers for real-time fishery management. The agency expects that integrating observer data into the bycatch model and recalibrating the model with that data will significantly improve NMFS and Council ability to estimate bycatch and discard in the West Coast groundfish fishery. These changes will still not allow NMFS to implement a discard cap management program, which as mentioned earlier, requires real-time observer program data. No one management tool is suitable for all fisheries, thus NMFS and the Council must craft management tools suitable to the West Coast groundfish fisheries and to the scientific information available on West Coast groundfish and groundfish fisheries. As suggested by another commenter in Comment 12, NMFS should be evaluating its data sources on bycatch and discard and setting goals for improving both data gathering and data evaluation through models like the bycatch model. In this manner, the agency will improve its ability to craft management tools specific to the groundfish fishery and its needs.

Comment 14:

The same commenter that stated that NMFS had failed to consider discard caps also stated that NMFS has failed to establish adequate bycatch assessment requirements for the fishery. This commenter noted that there are no bycatch assessment requirements contained in the proposed specifications.

Response:

The groundfish specifications and management measures annually set harvest limits and management measures that constrain the fisheries such that they are permitted to achieve harvest levels for more abundant stocks while still ensuring that harvest levels for protected stocks are not exceeded. As discussed earlier in this section, OYs of more abundant stocks are often not reached because harvest is constrained or closed to protect overfished stocks. In any case, the annual specifications and management measures process is not intended to address every aspect of groundfish fishery management. However, it is incorrect to assert that NMFS has failed to address bycatch assessment requirements altogether simply because bycatch assessment requirements are not part of the annual specifications and management measures regulatory package. Bycatch assessment requirements are part of NMFS's permanent Federal regulations at 50 CFR part 660.360, implemented at 66 FR 20609, April 24, 2001, which provide groundfish observer program requirements and regulations for the West Coast groundfish fishery. For further information on the West Coast groundfish observer program, the observer coverage plan, and the first year of groundfish observer program data, please see: http://www.nwfsc.noaa.gov/ fram/ observer/datareport.htm.

Comment 15:

One commenter stated that NMFS has failed to take adequate account of the bycatch occurring in the pink shrimp and prawn fisheries, in order to ensure that total mortality of overfished groundfish species does not exceed the level necessary to meet overfished species rebuilding requirements. A second commenter expressed concern about the potential bycatch of several overfished species in the spot prawn trawl fisheries. This commenter also noted that these are not federally-managed species and that therefore, the NMFS expectation that the spot prawn trawl fisheries will close in 2003 may not be correct. If the spot prawn trawl fisheries are not closed, NMFS and the Council may have underestimated overfished species bycatch in those fisheries.

Response:

The second commenter is correct in saying that the pink shrimp and spot prawn trawl fisheries are state-managed fisheries. Each of the three coastal states has a seat on the Council, however, and is an active partner in coastwide efforts to protect overfished groundfish fisheries. Oregon Department of Fish and Wildlife) (ODFW) has been cooperating with the Oregon shrimp fleet to experiment with different types of Bycatch Reduction Devices (BRDs) since 1994. Vessels participating in state pink shrimp trawl fisheries are now required to carry BRDs to participate in those fisheries, significantly reducing their groundfish and other finfish bycatch. NMFS particularly appreciates the initiative the states and the pink shrimp industry have taken to design and test these BRDs, allowing a lucrative fishery to remain open while still reducing its bycatch of overfished groundfish species.

In all three states, spot prawn is taken with pot gear, a gear with very low bycatch rates, and has also been targeted with trawl gear. Washington State has eliminated its spot prawn trawl fishery. Oregon has three vessels participating in the spot prawn trawl fishery, which it had allowed as an experimental fishery. ODFW employees have indicated that this experimental use of trawl gear would end as of January 1, 2004. NMFS understands that the California Fish and Game Commission (Commission) is deliberating whether to continue to allow spot prawn trawling. The possibility that California may not close its spot prawn trawl fishery is of great concern to NMFS. NMFS has sent a letter to the Commission reminding it that California Department of Fish and Game employees participating in the Council process had estimated California's commercial fishery catch of bocaccio on the assumption that the spot prawn trawl fishery would no longer exist in 2003. In that letter, NMFS told the Commission that if it did not prohibit fishing for spot prawns with trawl gear, NMFS and the Council would be forced to consider additional constraints on California groundfish fisheries to offset the bycatch expected if the spot prawn trawl fishery continues. In addition, if the spot prawn trawl fishery were to occur, it would be prohibited in the trawl Rockfish Conservation Areas (RCAs).

Comment 16:

For several fisheries, NMFS and the Council have underestimated the amount of bocaccio bycatch that may be expected to occur, particularly: the open access fisheries, the California set gillnet fisheries, the limited entry flatfish trawl fishery, and the California halibut trawl fishery.

Response:

The commenter details several points where data on the above-listed fisheries may be insufficient to properly estimate bycatch or where historic bycatch estimates are higher than the bycatch levels expected in 2003. In discussing the open access fisheries, the commenter notes that bocaccio landings by the open access fleet were higher in 1999 (22.8 mt) than estimated for all fisheries in 2003. Bocaccio were declared overfished in March 1998, with the first management measures to reduce bocaccio take introduced in 2000. Since bocaccio was declared overfished along with lingcod and Pacific ocean perch, six other West Coast groundfish species have been declared overfished. West Coast groundfish management in 2003 is radically different from that of 1999. NMFS has used 1999 logbook data as a reference to how overfished species interact with more abundant species during a relatively less restrictive fishing regime. The 2003 fishery management regime is considerably more restrictive than that of 1999 and 1999 bocaccio landings are not an accurate estimate of bocaccio harvest expected to occur in 2003. Limited entry and open access commercial fisheries and recreational groundfish fisheries have been under ever more restrictive management regimes in each year since 1999, such that 2003 management measures include more restrictive trip

limits for co-occurring species, shorter season lengths, higher bycatch rate assumptions, and large-scale RCAs where groundfish fishing is prohibited or otherwise restricted.

In the commenter's discussion of the California set gillnet fishery, the commenter assumes higher bycatch levels than those estimated by NMFS by comparing historic fishery data (1996-1999) with those estimates. As the commenter notes, several new fishery restrictions have been implemented by California and by NMFS since those years. It is not reasonable to expect that overfished species catch and discard levels will be the same under the 2003 management regime as they were under the significantly less restrictive management regimes of the late 1990s.

In discussing the limited entry flatfish trawl fishery, the commenter compares estimates of bocaccio bycatch from a California application for an exempted fishing permit (EFP) to estimates of the bocaccio bycatch in the limited entry flatfish trawl fishery. California has decided not to pursue this EFP. Nonetheless, estimates of overfished species bycatch for EFPs are intended to be some relatively high, liberal amount that would allow the EFP to remain open for as long as possible without jeopardizing rebuilding and do not necessarily reflect expected bycatch amounts. Estimates of bycatch in directed fisheries are based on the bycatch model, which looks at historical co-occurrence rates between the more abundant targeted stocks and overfished species. Further, directed limited entry trawling would occur within a more restricted area than had been planned for the flatfish EFP, which would tend to lower bycatch rates for that directed fishery.

The commenter's concerns with the California halibut fishery are of interest to NMFS and the Council. The Council has received conflicting reports on the type and level of bycatch occurring in this fishery. NMFS notes that California halibut trawling would be under the same conservation area restrictions as limited entry trawling, which are designed to move trawlers away from areas where bocaccio commonly occur. These area restrictions are expected to result in lower incidental bocaccio take in the California halibut trawl fisheries. In its review of bycatch and discard data sources, NMFS will be looking at information on all fisheries in which groundfish are taken, including the California halibut open access trawl fisheries.

Comments on Fisheries Regulations

Comment 17:

One commenter stated that the groundfish conservation areas are not closed to all fishing, providing the example that some trawling is allowed in the trawl RCAs and that some nontrawl gear fishing is allowed in the nontrawl gear RCAs. This commenter stated that NMFS has failed to justify providing these exceptions to the conservation area restrictions. Another commenter wrote to support depth-based management in general.

Response:

NMFS appreciates the opportunity to clarify this situation. The State of California has created the California Rockfish Conservation Area (CRCA), which is an area south of 40°10′ N. lat. that is closed to fishing for groundfish between 50 fm (91 m) and 150 fm (274 m). The CRCA has several exceptions for different gears in different areas and an additional closure in the northern portion of the CRCA to protect darkblotched rockfish north of 38° N. lat. California proposed this CRCA to the Council and the Council adopted the regulatory provisions of the CRCA for recommendation to NMFS as part of its 2003 groundfish management measures package. NMFS felt that a large closed area with several open areas inside it would be both confusing to the public and inconsistent with the Council's management recommendations for waters north of 40°10′ N. lat. Thus, NMFS has implemented a trawl-specific rockfish conservation area (RCA) that is bounded between 50 and 250 fm (91 and 457 m) from 40°10′ N. lat. south to 38° N. lat., between 50 fm and 150 fm (91 and 274 m) from 38° N. lat. south to 34°27 N. lat., and between 100 fm and 150 fm (183 and 274 m)from 34°27 south to the U.S. border with Mexico. Within that Federal RCA, the only trawling permitted is pink shrimp trawling with BRDs. These regulations have the same effect as the California recommendation to close all trawling south of 40°10′ N. lat., except that pink shrimp trawling with BRDs would be allowed and that trawling inshore of 50 fm (91 m) would be allowed between 40°10′ N. lat. and 34°27′ N. lat. and inshore of 100 fm (183 m) south of 34°27′ N. lat, and except that trawling would further be prohibited between 150 fm (274 m) and 250 fm (457 m) between 40°10′ N. lat. and 38° N. lat. The NMFS regulations for conservation areas south of 40°10′ N. lat. are consistent with those for north of 40°10′ N. lat. in that the regulations implement different closed areas for trawl and nontrawl vessels.

The commenter correctly notes that some nontrawl gear fishing is permitted in nontrawl gear conservation areas. Albacore and salmon fishing with hook-and-line gear are permitted in the conservation areas. Bottom longline fisheries like the nontreaty halibut fishery, where overfished groundfish species are more likely to be taken, will be prohibited within the nontrawl conservation areas. The conservation areas are not closed areas wherein all fishing of any type is prohibited; rather, they are conservation areas wherein fishing activities expected to take overfished species are prohibited or restricted.

Comment 18:

We object to fisheries regulations that prohibit the possession of fish in excess of trip limits and that force vessels to continuously offload their catch. Prohibiting the possession of fish in excess of trip limits puts processors in jeopardy of citation. Processors must often offload fish in order to determine whether trip limits have been exceeded and how to deal with that excess fish. We suggest that possession of fish in excess of trip limits be permitted in cases where state or Federal officials are alerted to that possession within 96 hours of the start of the possession.

Response:

Federal groundfish regulations have prohibited the “taking and retaining, possessing or landing” of groundfish in excess of trip limits since the 1980s. Federal regulations do not require vessels to continuously offload their catch; rather, the regulations require that once offloading is begun, all fish on board the vessel be recorded on the same landings receipt and/or fish ticket. Processors are not in any more jeopardy of prosecution for possession of trip limit overages than they ever have been. NMFS and state enforcement officers will continue to expect fishers and processors to report trip limit overages and to forfeit those overages to the state in which they are landed. Possession of trip limit overages, whether reported or not, is a violation of Federal law, but enforcement of that prohibition is dealt with far differently for those persons who are found to have possessed such overages without reporting them. NMFS and state enforcement continue to need an avenue for prosecuting fishers and processors that retain trip limit overages without reporting and forfeiting those overages. Although the agency appreciates the commenter's concern for the ability of processors to comply with Federal law, NMFS will not be loosening this Federal restriction.

Comment 19:

The trawl trip limit table for north of 40°10′ N. lat. lists an incorrect trip limit for yellowtail rockfish when taken as bycatch in the

flatfish fisheries. The currently listed limit of 3,000 lb (1,361 kg) per month should be 30,000 lb (13,608 kg) per month. Trip limit tables discussed and adopted at the Council's September meeting showed incidental yellowtail rockfish catch levels of 30,000 lb (13,608 kg) per month. NMFS changed this catch limit after the Council meeting with no public scrutiny and no economic analysis of the effects of the change.

Response:

In its motion on groundfish management measures, the Council adopted the limited entry trawl trip limits shown in the Council's Exhibit C.3.v., Supplemental GMT report, at pages 4-5. Unfortunately, that table is unclear on the trip limit for yellowtail rockfish when taken as bycatch in the flatfish fisheries. The table shows the yellowtail rockfish limit when taken in the flatfish fisheries as “3,000?” The Council never clarified this limit in its motion, but the Council's post-meeting newsletter mistakenly listed the limit as 30,000 lb (13,608 kg) per month, perhaps based on the 2002 yellowtail rockfish limit in the winter flatfish fisheries, which was 30,000 lb (13,608 kg) per 2 months.

NMFS has reviewed January-April 2002 trawl vessel-month landings of yellowtail rockfish in combination with flatfish. A vessel-month represents the landings activities of a single vessel in a single month. In 97 percent of the vessel-months in which flatfish were landed during January-April 2002, the amount of yellowtail rockfish associated with those flatfish landings was less than 3,000 lb (1,361 kg) and it was zero pounds (0 kg) over 80 percent of the time. Given the lack of clarity in the table the Council used for its recommendations and the fact that the 3,000 lb (1,361 kg) per month limit accommodated 97 percent of all yellowtail landings in association with flatfish in January-April 2002, NMFS does not believe that an increase to 30,000 lb (13,608 kg) per month is warranted at this time. The Council will have an opportunity to review groundfish trip limits and other management measures at its April 7-11, 2003 meeting in Vancouver, Washington.

Comment 20:

The management measures authorize considerable midwater trawling, but NMFS has failed to explain which overfished species may be negatively affected by midwater trawling and what those effects might be. Apparently the agency believes that midwater trawling will not increase the mortality of overfished species beyond the levels necessary to rebuild those species as quickly as possible.

Response:

As detailed in the Council's FEIS for this action, the vast majority of midwater trawling for groundfish off the West Coast targets Pacific whiting. Other than Pacific whiting, there are small allowances for yellowtail and widow rockfish when taken with midwater gear in association with Pacific whiting. There may also be directed yellowtail and widow rockfish fisheries with midwater gear in November-December 2003, if total catch estimates for these and associated stocks show that these fisheries may be held without risk of exceeding the OYs of any species. These fisheries will not proceed if there are not sufficient portions of the OYs remaining to accommodate expected catch. NMFS does expect that midwater trawling will result in widow rockfish, an overfished species, being caught and landed. However, NMFS does not expect that the take of widow rockfish in the midwater trawl fisheries will jeopardize the rebuilding plan for widow rockfish because management measures for 2003 have been designed to keep estimated total widow rockfish mortality in directed fisheries and as bycatch below the widow rockfish OY.

NMFS regularly documents bycatch in the midwater trawl fisheries. The total catch by species in the at-sea whiting fishery has been monitored by observers since 1991. Each vessel currently carries two observers, so virtually all hauls are directly sampled and are figured into the total catch estimates. NMFS provides an aggregation of at-sea whiting bycatch in an annual report provided to the public at the April Council meeting. EFPs are used in the shorebased whiting fishery and the vast majority of shorebased landings are landed unsorted, with a census of the catch taken upon landing. Port samplers also monitor shorebased whiting processing facilities. The State of Oregon reports on bycatch in the coastwide shorebased whiting fishery in an annual report, which is available online at http://hmsc.oregonstate.edu/ odfw/ finfish/ wh/index.html. As documented in these reports, bycatch of overfished species other than widow rockfish is at trace levels (fewer than 0.01 kg per mt of whiting taken.)

Comment 21:

NMFS failed to consider an obvious management measure to ban the use and carrying of large footrope trawl gear, rather than simply banning the landing of shelf rockfish by vessels carrying that gear. Large footrope trawl gear may affect deeper-water species, which may be low-mobility, long-lived species that are more vulnerable to the acute and chronic physical disturbance of trawling. NMFS has failed to support its implicit conclusion that large footrope trawling will not impact deeper-water overfished species such as darkblotched rockfish.

Response:

The commenter has incorrectly characterized NMFS regulations. Large footrope gear may be used only seaward of the trawl RCAs and vessels are prohibited from taking, retaining, possessing or landing shelf and nearshore rockfish and/or lingcod when large footrope gear is on board the vessel. While prohibiting the use of large footrope gear even seaward of the conservation areas could improve enforceability of the regulations, NMFS concluded that the benefit provided by allowing the harvest of Dover sole, sablefish, and thornyheads in areas of lowest bycatch of overfished species outweighed enforcement difficulties.

NMFS disagrees with the commenter's assertion that the agency has implicitly concluded that large footrope trawling in deeper waters will not impact deeper-water species. NMFS fully expects that fishing activities in deeper waters will result in deeper water species being harvested. This expectation is illustrated by the trip limits provided for deepwater species such as Dover sole, sablefish, and thornyheads. NMFS has been clear and open in stating its expectation that fishing activities will result in fish harvest. In fact, the series of trip limits and area management implemented by this rule are intended to control where and when that harvest occurs. NMFS has also been clear in its intent to manage deepwater fisheries so that their interaction with overfished deepwater species, darkblotched rockfish and Pacific ocean perch, is minimized. As discussed at length in the preamble to the proposed rule for this action, the northern trawl RCA in particular was designed to move fishing away from depths where these two species congregate, which is why it extends out to 250 fm (457 m) from 38° N. lat. to the U.S. border with Canada.

Comment 22:

We oppose the new management measure that prohibits vessels from having more than one type of trawl gear on board and from having both trawl gear and nontrawl gear on board. This prohibition is costly, duplicative, and unnecessary because there are already groundfish landings limits based on the types of trawl gear on board.

Response:

NMFS discussed this public request with representatives from the Council's Enforcement Consultants, who had originally requested the measure to restrict vessels to carrying only a single gear type on board. The Enforcement Consultants concluded

that the combination of restrictions on the species of groundfish that could be landed with small versus large footrope gear and the requirement that vessels fishing with large footrope gear operate offshore of the 250 fm (457 m) depth contour would remove opportunities and incentives for vessels to fish for small footrope species with large footrope gear. NMFS and Enforcement Consultants representatives also agreed with the commenter that there was likely no enforcement benefit in prohibiting the carrying of both trawl and non-trawl gear on board at the same time. However, NMFS and the Enforcement Consultants representatives were still concerned about allowing vessels to carry trawl gear permitted for use within the conservation areas on board with trawl gear prohibited from use within the conservation areas, primarily because these gears are indistinguishable by enforcement officers flying over vessels fishing within the conservation areas. Therefore, the prohibition against more than one type of trawl gear on board has been modified such that vessels fishing within a conservation area with allowable trawl gear may not carry any other type of trawl gear on board.

Comment 23:

The proposed rule incorrectly states that the California recreational fisheries south of 40°10′ N. lat will be closed entirely from January through June 2003, when in fact they will be open in January and February for California scorpionfish from shore to the 20 fm (37 m) depth contour. Bocaccio may be caught incidentally in these fisheries for California scorpionfish, thus recreational fishery management measures should account for this potential mortality source.

Response:

NMFS agrees that the preamble to the proposed rule incorrectly stated that all recreational groundfish fisheries would be closed January-June, neglecting to mention the January-February opening for California scorpionfish. The agency's mis-statement in the proposed rule preamble, however, does not indicate new and/or unaccounted-for recreational fishing activity because this scorpionfish fishing activity was accounted for in the Council's development of recreational fisheries restrictions.

The commenter raises an issue that is of concern to NMFS, improving estimates of catch and discard in the recreational fisheries. In 2000-2002, California's recreational fisheries management measures were not restrictive enough to adequately constrain the fishery's bocaccio catch. In all three years, commercial fisheries had to be closed or severely limited in order to limit the overall take of bocaccio. Neither NMFS nor the State of California now have a recreational fishery catch monitoring system that satisfactorily characterizes catches in these fisheries to allow inseason monitoring and regulations revisions. However, NMFS is working with all three states to revise the current Marine Recreational Fisheries Statistical Survey so that it is more responsive to fishery management needs.

Changes from the Proposed Rule

This final rule is revising Pacific Coast Groundfish Specifications and Management Measures for March-December 2003 set forth in the proposed rule published in the Federal Register on January 7, 2003 (68 FR 936). This final rule includes changes made in a correction notice to the Specifications and Management Measures implemented via emergency rule for January-February 2003 (FR 68 4719, January 30, 2003). Changes to the emergency rule included: clarification of commercial and recreational trip limits, a re-ordering of Yelloweye Rockfish Conservation Area coordinates, and revisions to Rockfish Conservation Area boundary coordinates. Because vessels may now, in some circumstances, have more than one type of trawl gear on board, NMFS is reinstating the 2002 regulation that provides that the most constraining trip limit for the gear on board applies to landings made on that trip.

In addition, this final rule makes changes as a result of public comments. In response to public comments, NMFS has revised the prohibition set out in the proposed rule against the carrying of more than one type of trawl gear and/or trawl gear and non-trawl gear on board at the same time. Under modified (14)(b)(iv), vessels will be permitted to carry both trawl and non-trawl gear on board at the same time, but when fishing within a conservation zone with allowable trawl gear will not be permitted to carry any other type of trawl gear on board. Vessels fishing offshore or shoreward of the conservation areas will be permitted to carry both small footrope and large footrope bottom trawl gear on board at the same time.

Tables 3-5 have been modified to provide minor editorial revisions and also clarifications to: the trawl trip limit for yellowtail rockfish; the allowance for mid-water trawl vessels to fish for whiting in the conservation area during the primary whiting season; the minor slope rockfish limit in the North so that splitnose rockfish is clearly incorporated within that complex. Regulations for open access exempted trawl fisheries have been revised to clarify that no trawling for spot prawn may take place within the trawl RCAs, regardless of whether groundfish is retained during fishing.

Recreational fisheries regulations have been revised to better clarify that bocaccio, cowcod, canary, and yelloweye rockfish are prohibited species south of 40°10′ N. lat. and to more clearly tie recreational fishing regulations to Federal regulations designating the coordinate boundaries of the Cowcod Conservation Areas. Federal recreational fisheries regulations for California north of 40°10′ N. lat. have been revised to match more restrictive state recreational regulations for bocaccio. In particular, minimum size limits for the total length and filet length of retained bocaccio were added. The California state regulation has minimum size limits for bocaccio that did not change between 2002 and 2003. Federal recreational regulations for bocaccio in the north had the same minimum size limits as California for 2002, but neglected to include those size limits in the 2003 proposed recreational regulations. These size limits are included in this final rule. A limited recreational fishery for bocaccio may exist north of 40°10′ N. lat. because the bocaccio stock north of 40°10′ N. lat. is genetically distinct from the overfished bocaccio stock south of 40°10′ N. lat. as detailed in the 1999 stock assessment by McCall et al.

The Federal regulations at 50 CFR 660.302 provide definitions for different terms used in groundfish regulation and management. In this final rule, NMFS is revising the definition of “Trip Limit,” so that the definition at 50 CFR 660.302 better matches the definition at Section IV.A.(1) of this document. NMFS has also added new definitions for the terms “Trawl Fishing line” and “Footrope” to clarify gear regulations at 50 CFR 660.322, which discuss trawl footrope restrictions.

At 50 CFR 660.304(d), the coordinates listed in the proposed rule for the Yelloweye Rockfish Conservation Area were correct but were listed in the incorrect order such that they did not form a recognizable “C” shape as described. For the final rule, NMFS has re-ordered the coordinates so that they correctly outline this conservation area.

The States of Washington and California submitted revisions to the coordinates designating the boundary lines to the trawl and non-trawl RCAs. Changes effective with the correction document to the emergency rule affected the following boundary lines:

50 fm (91 m) depth contour between 40°10′ N. lat. and 34°27′ N. lat., 60 fm (110 m) depth contour between 40°10′ N. lat. and 34°27′ N. lat., 100 fm (183 m) depth contour north of 40°10′ N. lat., 100 fm (183 m) depth contour south of 34°27′ N. lat., 150 fm (274 m) depth contour south of 40°10′ N. lat., and the Winter Petrale Boundary. NMFS is implementing additional changes to RCA boundary coordinates through this final rule. The following boundary lines are affected by these revisions: 60 fm (110 m) depth contour between 40°10′ N. lat. and 34°27′ N. lat., 75 fm (137 m) depth contour north of 40°10′ N. lat., 100 fm (183 m) depth contour north of 40°10′ N. lat., 150 fm depth contour south of 40°10′ N. lat., 150 fm (274 m) depth contour between 46°16′ N. lat. and 38° N. lat. which may be implemented inseason during 2003, and 250 fm (457 m) depth contour north of 38° N. lat. used during cumulative periods 2-5. Additionally, the State of California plans to submit revisions to the boundary line coordinates for the line approximating the 50 fm (91 m) depth contour south of 40°10′ N. lat. and to the Winter Petrale Boundary north of 40°10′ N. lat. These changes to boundary coordinates were intended to make the boundary lines more closely approximate the depth contours they are intended to designate. Regulatory language describing the RCAs has been revised to better emphasize that while RCAs are generally described by fathom lines, the actual boundaries are defined by latitude-longitude coordinates. When fishing off the West Coast, fishers must comply with the boundaries of the RCAs as designated by the coordinates, not the fathom curves.

I. Final Specifications

Final fishery specifications include ABCs, the designation of OYs (which may be represented by harvest guidelines (HGs) or quotas for species that need individual management), and the allocation of commercial OYs between the open access and limited entry segments of the fishery. 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).

BILLING CODE 3510-22-S

ER07MR03.002

ER07MR03.003

ER07MR03.004

ER07MR03.005

ER07MR03.006

ER07MR03.007

ER07MR03.008

ER07MR03.009

ER07MR03.010

II. Commercial and Recreational Fisheries

Since 1994, the non-tribal commercial groundfish fishery has been divided into limited entry and open access sectors, each with its own set of allocations and management measures. Species or species group allocations between the two sectors are based on the relative amounts of a species or species group taken by each component of the fishery during the 1984-1988 limited entry permit qualification period (50 CFR 660.332). The FMP allows suspension of this allocation formula for overfished species when changes to the traditional allocation formula are needed to better protect overfished species (FMP, section 5.3.2).

Historically, groundfish species and/or species groups have not been allocated between the commercial and recreational fisheries. Fishery managers instead estimated the amount that would be taken in the recreational fisheries and set that amount aside before determining the allowable harvest for the non-tribal commercial sectors. For 2003, the Council has recommended adopting nearshore groundfish allocations between the recreational and commercial fisheries. These allocations were proposed by the States of Oregon and California for waters off their coasts north and south of 40°10′ N. lat. and are intended to maintain the ratio between recreational and commercial landings 2000. Most of the fish subject to the allocation will be taken in state waters, but state-Federal management of these nearshore species is coordinated through the Council. Commercial groundfish fishing is prohibited in Washington State waters.

Groundfish species or species group allocations and set asides for the tribal and non-tribal sectors, and between the different non-tribal commercial and recreational sectors, are detailed in Tables 1a and 1b. All OYs, allocations and set asides are expressed in terms of total catch. The limited entry/open access allocations for bocaccio, canary, darkblotched, yelloweye rockfish, and the nearshore rockfish species group would be suspended to allow the Council to better develop management measures that provide harvest opportunity for more abundant stocks while protecting overfished stocks. Estimates of trip-limit induced discards are taken “off the top” and in accordance with the bycatch and discard analysis described in the proposed rule for this action at 68 FR 953 (January 7, 2003) before setting the non-tribal sector allocations, except for estimates of sablefish discards as explained in the footnotes to Table 1a. Landed catch equivalents are the harvest goals used when adjusting trip limits and other management measures during the season. Estimated bycatch of yellowtail, widow, canary, and darkblotched rockfish in the offshore whiting fishery is also deducted from the limited entry allocations before determining the landed catch equivalents for the target fisheries for widow and yellowtail rockfish.

III. 2003 Management Measures

Management measures for the limited entry fishery are found in Section IV. Boundary line coordinates for the RCAs are designated at paragraph IV.A.(19). Most cumulative trip limits, size limits, and seasons for the limited entry fishery are set out in Tables 3 and 4. However, the limited entry nontrawl sablefish fishery, the midwater trawl fishery for whiting, and the hook-and-line fishery for black rockfish off Washington are managed separately from the majority of the groundfish species and are not fully addressed in the tables. The management structure for these fisheries has not changed since 2002, except for the level of trip limits for sablefish and whiting, which are described in paragraphs IV.B.(2) through (4). Similarly, management measures for the open access exempted trawl fisheries (California halibut, sea cucumber, pink shrimp, spot and ridgeback prawns) are described in paragraph IV.C.(2), separately from the open access fisheries trip limits set out in Table 5.

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 2003, including measures that are unchanged from 2002 and new measures.

A. General Definitions and Provisions

The following definitions and provisions apply to the 2003 management measures, unless otherwise specified in a subsequent Federal Register document:

(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 follows:

(a) A per trip limit is the total allowable amount of a groundfish species or species group, 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 (l.t). Only one landing of groundfish may be made in that 24-hour period. Daily trip limits may not be accumulated during multiple day trips.

(c) A weekly trip limit is the maximum amount that may be taken and retained, possessed, or landed per

vessel in 7 consecutive days, starting at 0001 hours l.t. on Sunday and ending at 2400 hours l.t. on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week includes days within two different months, a vessel is not entitled to two separate weekly limits during that week.

(d) 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, unless otherwise specified. The cumulative trip limit periods for limited entry and open access fisheries, which start at 0001 hours l.t. and end at 2400 hours l.t., are as follows, unless otherwise specified:

(i) The 2-month periods are: January 1-February 28, March 1-April 30, May 1-June 30, July 1-August 31, September 1-October 31, and, November 1-December 31.

(ii) One month means the first day through the last day of the calendar month.

(iii) One week means 7 consecutive days, Sunday through Saturday.

(e) As stated at 50 CFR 660.302 (in the definition of “landing”), once the offloading of any species begins, all fish aboard the vessel are counted as part of the landing and must be reported as such.

(f) The cumulative trip limits in Section IV B. and C., including Tables 3-5, of this rule must not be exceeded.

(2)

Fishing ahead.

Unless the fishery is closed, a vessel that has landed its cumulative or daily limit may continue to fish on the limit for the next legal period, so long as no fish (including, but not limited to, groundfish with no trip limits, shrimp, prawns, or other nongroundfish species or shellfish) are landed (offloaded) until the next legal period. Fishing ahead is not allowed during or before a closed period (see paragraph IV.A.(7)). See paragraph IV.A.(9) for information on inseason changes to limits.

(3)

Weights.

All weights are round weights or round-weight equivalents unless otherwise specified.

(4) Percentages. Percentages are based on round weights, and, unless otherwise specified, apply only to legal fish on board.

(5)

Legal fish.

“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 document 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 “total length,” which is 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. For conversions not listed here, contact the State where the fish will be landed.

(a)

Whole fish.

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)

“Headed” fish.

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.

(c)

Filets.

A filet is the flesh from one side of a fish extending from the head to the tail, which has been removed from the body (head, tail, and backbone) in a single continuous piece. Filet lengths may be subject to size limits for some groundfish taken in the recreational fishery off California (see paragraph IV. D.(1)). A filet is measured along the length of the longest part of the filet in a relaxed position; stretching or otherwise manipulating the filet to increase its length is not permitted.

(d)

Sablefish weight limit conversions.

The following conversions apply to both the limited entry and open access fisheries when trip limits are effective for those fisheries. For headed and gutted (eviscerated) sablefish:

(i) The minimum size for headed sablefish, which corresponds to 20 inches (51 cm) total length for whole fish, is 14 inches (36 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; fishers should contact fishery enforcement officials in the State where the fish will be landed to determine that State's official conversion factor.)

(e)

Lingcod size and weight 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) total length 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 headed and gutted lingcod, or lingcod that is 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.

(B) Gutted, with the head on. The conversion factor for lingcod that has only been gutted is 1.1.

(7)

Closure.

“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. The provisions at paragraph IV.A.(2) for fishing ahead do not apply during a closed period. It is unlawful to transit through a closed area with any prohibited species on board, no matter where that species was caught, except as provided for in the CCA at IV. A.(19).

(8)

Fishery management area.

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)

Routine management measures.

Most trip, bag, and size limits, and area closures in the groundfish fishery have been designated “routine,” which means they may be changed rapidly after a single Council meeting see 50 CFR 660.323(b). Council meetings in 2003 will be held in the months of March, April, June, September, and November. Inseason changes to routine management measures are announced in the Federal Register. Information concerning changes to routine

management measures 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 that, 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)

Limited entry limits.

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. If a vessel has a limited entry permit and uses open access gear, but the open access limit is smaller than the limited entry limit, the open access limit cannot be exceeded and counts toward the limited entry limit. If a vessel has a limited entry permit and uses open access gear, but the open access limit is larger than the limited entry limit, the smaller limited entry limit applies, even if taken entirely with open access gear.

(12)

Operating in areas with different trip limits.

Trip limits for a species or a species group 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 group. Such crossover provisions do not apply to species that are subject only to daily trip limits, or to the trip limits for black rockfish off Washington (see 50 CFR 660.323(a)(1)). In 2003, the cumulative trip limit periods for the limited entry and open access fisheries are specified in paragraph IV.A(1)(d), but may be changed during the year if announced in the Federal Register.

(a)

Going from a more restrictive to a more liberal area.

If a vessel takes and retains any groundfish species or species group 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 groundfish species or species group 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 group in an area where a more restrictive trip limit applies, 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.

(c)

Operating in two different areas where a species or species group is managed with different types of trip limits.

During the fishing year, NMFS may implement management measures for a species or species group that set different types of trip limits (for example, per trip limits versus cumulative trip limits) for different areas. If a vessel fishes for a species or species group that is managed with different types of trip limits in two different areas within the same cumulative limit period, then that vessel is subject to the most restrictive overall cumulative limit for that species, regardless of where fishing occurs.

(d)

Minor rockfish.

Several rockfish species are designated with species-specific limits on one side of the 40°10 N. lat. management line, and are included as part of a minor rockfish complex on the other side of the line.

(i) If a vessel takes and retains minor slope rockfish north of 38° N. lat., that vessel is also permitted to take and retain, possess or land splitnose rockfish up to its cumulative limit south of 38° N. lat., even if splitnose rockfish were a part of the landings from minor slope rockfish taken and retained north of 38° N. lat. [Note: A vessel that takes and retains minor slope rockfish on both sides of the management line in a single cumulative limit period is subject to the more restrictive cumulative limit for minor slope rockfish during that period.]

(ii) If a vessel takes and retains minor slope rockfish south of 38° N. lat., that vessel is also permitted to take and retain, possess or land POP up to its cumulative limit north of 38° N. lat., even if POP were a part of the landings from minor slope rockfish taken and retained south of 38° N. lat. [Note: A vessel that takes and retains minor slope rockfish on both sides of the management line in a single cumulative limit period is subject to the more restrictive cumulative limit for minor slope rockfish during that period.]

(iii) If a vessel takes and retains minor shelf rockfish south of 40°10′ N. lat., that vessel is also permitted to take and retain, possess, or land yellowtail rockfish up to its cumulative limits north of 40°10′ N. lat., even if yellowtail rockfish is part of the landings from minor shelf rockfish taken and retained south of 40°10′ N. lat. Widow rockfish is included in overall shelf rockfish limits for all gear groups. [Note: A vessel that takes and retains minor shelf rockfish on both sides of the management line in a single cumulative limit period is subject to the more restrictive cumulative limit for minor shelf rockfish during that period.]

(e)

“DTS complex.”

For 2003, there are differential trip limits for the “DTS complex” (Dover sole, shortspine thornyhead, longspine thornyhead, sablefish) north and south of the management line at 40°10′ N. lat. Vessels operating in the limited entry trawl fishery are subject to the crossover provisions in this paragraph IV.A.(12) when making landings that include any one of the four species in the “DTS complex.”

(f)

Flatfish complex.

For 2003, there are differential trip limits for the flatfish complex (butter, curlfin, English, flathead, petrale, rex, rock, and sand soles, Pacific sanddab, and starry flounder) north and south of the management line at 40°10′ N. lat. Vessels operating in the limited entry trawl fishery are subject to the crossover provisions in this paragraph IV.A.(12) when making landings that include any one of the species in the flatfish complex.

(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 commercial OY, if the vessel fished or landed in an area during a time when such trip limit, size limit, commercial optimum yield, or quota applied.” This provision applies to both the limited entry and open access fisheries. (See 50 CFR 660.306(h).) The following species must be sorted in 2003:

(a) For vessels with a limited entry permit:

(i) Coastwide—widow rockfish, canary rockfish, darkblotched rockfish, yelloweye rockfish, shortbelly rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth flounder, rex sole, petrale sole, arrowtooth flounder, other flatfish, lingcod, sablefish, and

Pacific whiting [Note: Although both yelloweye and darkblotched rockfish are considered minor rockfish managed under the minor shelf and minor slope rockfish complexes, respectively, they have separate OYs and therefore must be sorted by species.]

(ii) North of 40°10′ N. lat.—POP, yellowtail rockfish, and, for fixed gear, black rockfish and blue rockfish;

(iii) South of 40°10′ N. lat.—minor shallow nearshore rockfish, minor deeper nearshore rockfish, chilipepper rockfish, bocaccio rockfish, splitnose rockfish, and Pacific sanddabs.

(b) For open access vessels (vessels without a limited entry permit):

(i) Coastwide—widow rockfish, canary rockfish, darkblotched rockfish, yelloweye rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope rockfish, Dover sole, arrowtooth flounder, petrale sole, rex sole, other flatfish, lingcod, sablefish, Pacific whiting, and Pacific sanddabs;

(ii) North of 40°10′ N. lat.—black rockfish, blue rockfish, Pacific ocean perch, yellowtail rockfish;

(iii) South of 40°10′ N. lat.—minor shall nearshore rockfish, minor deeper nearshore rockfish, chilipepper rockfish, bocaccio rockfish, splitnose rockfish;

(iv) South of Point Conception—thornyheads.

(14)

Trawl Gear Restrictions.

Limited entry trip limits may vary depending on the type of trawl gear that is on board a vessel during a fishing trip: large footrope, small footrope, or midwater trawl gear.

(a)

Types of trawl gear.

Large footrope, small footrope, and midwater or pelagic trawl gears are defined at 50 CFR 660.302 and 660.322(b). Trawl vessels may include: those vessels registered to a limited entry permit with a trawl endorsement; any vessel using trawl gear, including exempted trawl gear used to take pink shrimp, spot and ridgeback prawns, California halibut, or sea cucumber; or any tribal vessel using trawl gear.

(b)

Cumulative trip limits and prohibitions by limited entry trawl gear type

—(i)

Large footrope trawl.

If Table 3 does not provide a large footrope trawl cumulative or trip limit for a particular species or species group, it is unlawful to take and retain, possess or land that species or species group if large footrope gear is on board. It is unlawful for any vessel using large footrope gear to exceed large footrope gear limits for any species or to use large footrope gear to exceed small footrope gear or midwater trawl gear limits for any species. It is unlawful for any vessel using large footrope gear or that has large footrope trawl gear on board to fish for groundfish shoreward of the RCAs defined at paragraph (19) of this section. The presence of rollers or bobbins larger than 8 inches (20 cm) in diameter on board the vessel, even if not attached to a trawl, will be considered to mean a large footrope trawl is on board.

(ii)

Small footrope or midwater trawl gear.

Cumulative trip limits for canary rockfish, chilipepper rockfish, widow rockfish, yellowtail rockfish, minor shelf rockfish, minor nearshore rockfish, and lingcod, as indicated in Table 3 to section IV, are allowed only if small footrope gear or midwater trawl gear is used, and if that gear meets the specifications in paragraphs IV.A.(14).

(iii)

Midwater trawl gear.

Higher yellowtail and widow rockfish cumulative trip limits are available for limited entry vessels using midwater trawl gear. Each landing that contains yellowtail or widow rockfish is attributed to the gear on board with the most restrictive trip limit for those species. Landings attributed to small footrope trawl must not exceed the small footrope limit, and landings attributed to midwater trawl must not exceed the midwater trawl limit. If a vessel has landings attributed to both types of trawls during a cumulative trip limit period, all landings are counted toward the most restrictive gear-specific cumulative limit.

(iv)

More than one type of trawl gear on board.

The cumulative trip limits in Table 3 must not be exceeded. A vessel may have more than one type of limited entry bottom trawl gear on board, but the most restrictive trip limit associated with the gear on board applies for that trip and will count toward the cumulative trip limit for that gear. [Example: If a vessel has large footrope gear on board, it cannot land yellowtail rockfish, even if the yellowtail rockfish is caught with a small footrope trawl.] A vessel that is trawling within a GCA with trawl gear authorized for use within a GCA may not have any other type of trawl gear on board.

(c)

State landing receipts.

Washington, Oregon, and California will require the type of trawl gear on board to be recorded on the State landing receipt(s) for each trip or on an attachment to the State landing receipt.

(d)

Gear inspection.

All trawl gear and trawl gear components, including unattached rollers or bobbins, must be readily accessible and made available for inspection at the request of an authorized officer. No trawl gear may be removed from the vessel prior to offloading. All footropes shall be uncovered and clearly visible except when in use for fishing.

(15)

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. No more than one trawl permit may be registered to a vessel unless a permit is endorsed for both trawl and either longline or pot gear and is being stacked under § 660.335(c) for use in the limited entry fixed gear primary sablefish fishery. If a vessel is registered for use with more than one permit with a trawl endorsement through the fixed gear permit stacking program, then the vessel owner must designate one trawl-endorsed permit as his base trawl permit and may only fish in the platoon associated with that base trawl permit. If a limited entry trawl permit is authorized for the “B” platoon, then cumulative trip limit periods and the periods for which RCAs are applied will begin on the 16th of the month (generally 2 weeks later than for the “A” platoon), unless otherwise specified.

(a) For a vessel in the “B” platoon, cumulative trip limit periods and periods for which RCAs are applied begin on the 16th of the month at 0001 hours, l.t., and end at 2400 hours, l.t., on the 15th of the month. Therefore, the management measures announced herein that are effective on January 1, 2003, for the “A” platoon will be effective on January 16, 2003, for the “B” platoon. The effective date of any inseason changes to the cumulative trip limits or RCA boundary line coordinates also will be delayed for 2 weeks for the “B” platoon, unless otherwise specified.

(b) A vessel authorized to operate in the “B” platoon may take and retain, but may not land, groundfish from January 1, 2003, through January 15, 2003.

(c) A vessel authorized to operate in the “B” platoon will have the same cumulative trip limits and RCAs for the November 16, 2003, through December 31, 2003, period as a vessel operating in the “A” platoon has for the November 1, 2003, through December 31, 2003 period.

(a) For a vessel in the “B” platoon, cumulative trip limit periods begin on the 16th of the month at 0001 hours, l.t., and end at 2400 hours, l.t., on the 15th of the month. Therefore, the management measures announced herein that are effective on January 1, 2003, for the “A” platoon will be effective on January 16, 2003, 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.

(b) A vessel authorized to operate in the “B” platoon may take and retain, but may not land, groundfish from January 1, 2003, through January 15, 2003.

(c) A vessel authorized to operate in the “B” platoon will have the same cumulative trip limits for the November 16, 2003, through December 31, 2003, period as a vessel operating in the “A” platoon has for the November 1, 2002, through December 31, 2003 period.

(16)

Permit transfers.

Limited entry permit transfers are to take effect no earlier than the first day of a major cumulative limit period following the day NMFS receives the transfer form and original permit (50 CFR 660.335(e)(3)). Those days in 2003 are January 1, March 1, May 1, July 1, September 1, and November 1, and are delayed by 15 days (starting on the 16th of a month) for the “B” platoon.

(17)

Exempted fisheries.

U.S. vessels operating under an exempted fishing permit (EFP) issued under 50 CFR part 600 are also subject to these restrictions, unless otherwise provided in the permit. EFPs may include the collecting of scientific samples of groundfish species that would otherwise be prohibited for retention.

(18)

Application of requirements.

Paragraphs IV.B. and IV.C. pertain to the commercial groundfish fishery, but not to Washington coastal tribal fisheries, which are described in Section V. The provisions in paragraphs IV.B. and 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.

(19)

Rockfish Conservation Areas.

For 2003, the Council has introduced several RCAs and a YRCA and has retained the CCAs used in 2001 and 2002. Collectively, any closed area intended to protect a particular groundfish species or species group or intended to protect a complex of species is referred to as a Groundfish Conservation Area. The YRCA, the CCAs, and the larger depth-based RCAs are Groundfish Conservation Areas. Larger RCAs intended to protect a complex of species, such as overfished shelf rockfish species, have boundaries defined by a series of latitude and longitude coordinates. The boundaries are intended to approximate particular depth contours, such as 100 fm (183 m), 150 fm (274 m), 250 fm (457,) etc. Different gear types or fishing sectors may have RCAs with differing boundaries.

(a)

Yelloweye Rockfish Conservation Area.

The latitude and longitude coordinates defining the boundaries of the YRCA are defined at § 660.304(d). Recreational fishing for groundfish is prohibited within the YRCA. It is unlawful for recreational fishing vessels to take, retain, possess, or land groundfish inside the YRCA.

(b)

Cowcod Conservation Areas.

The coordinates of the Cowcod Conservation Areas (CCAs) are defined at § 660.304(c). Recreational and commercial fishing for groundfish is prohibited within the CCAs, except that recreational and commercial fishing for rockfish and lingcod is permitted in waters inside 20 fathoms (36.9 m). It is unlawful to take and retain, possess, or land groundfish inside the CCAs, except for rockfish and lingcod taken in waters inside the 20-fathom (36.9 m) depth contour, when those waters are open to fishing. Commercial fishing vessels may transit through the Western CCA with their gear stowed and groundfish on board only in a corridor through the Western CCA bounded on the north by the latitude line at 33°00′30″ N. lat., and bounded on the south by the latitude line at 32°59′30″ N. lat.

(c)

Limited Entry Groundfish Trawl Coastwide and Open Access Exempted Trawl South of 40°10′ N. lat. Rockfish Conservation Area.

(i) The trawl RCA is closed to limited entry groundfish trawl fishing coastwide and to open access exempted trawl fishing (except for pink shrimp trawling) south of 40°10′ N. lat. Fishing with limited entry groundfish trawl gear is prohibited within the trawl RCA north of 40°10′ N. lat. and fishing with any trawl gear is prohibited within the trawl RCA south of 40°10′ N. lat., unless that vessel is trawling for pink shrimp. Coastwide, it is unlawful to take and retain, possess, or land groundfish taken with limited entry groundfish trawl gear in the trawl RCA. South of 40°10′ N. lat., it is unlawful to take and retain, possess, or land any species of fish taken with any type of trawl gear in the trawl RCA. Trawl vessels may transit through the trawl RCA, with or without groundfish on board, provided all groundfish trawl gear is stowed either: (1) below deck; or (2) if the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; or (3) remaining on deck uncovered if the trawl doors are hung from their stanchions and the net is disconnected from the doors. The above restrictions in this paragraph do not apply to vessels fishing with midwater trawl gear for Pacific whiting during the primary season, or to taking and retaining yellowtail rockfish or widow rockfish in association with Pacific whiting caught with midwater trawl gear during the primary whiting season, or to taking and retaining yellowtail or widow rockfish with midwater trawl gear when trip limits are authorized for those species (November-December 2003.) If a vessel fishes in an RCA, it may not participate in any fishing on that trip that is inconsistent with the restrictions that apply within the RCA. For example, if a vessel participates in the pink shrimp fishery within the RCA, the vessel cannot on the same trip participate in the DTS fishery outside of the RCA. Nothing in these Federal regulations supercede any State regulations that may prohibit trawling shoreward of the 3 nm State waters boundary line.

(ii) Between the U.S. border with Canada and 40°10′ N. lat., the trawl RCA is defined along its eastern, inshore boundary by latitude and longitude coordinates approximating 100 fm (183 m) in January through June and October through December, and approximating 75 fm (137 m) in July and August. Between 40°10′ N. lat. and 34°27′ N. lat., the trawl RCA is defined along its eastern, inshore boundary by coordinates approximating 50 fm (91 m) in January and February and 60 fm (110 m) in March through December. Between 34°27′ N. lat. and the U.S. border with Mexico, along the mainland coast of California, the trawl RCA is defined along its eastern, inshore boundary by coordinates approximating 100 fm (183 m) throughout the year. Between 34°27′ N. lat. and the U.S. border with Mexico, adjacent to the islands offshore of California, the trawl RCA is defined along its inshore boundary by coordinates approximating 20 fm (37 m) throughout the year. Specific coordinates that define the eastern inshore boundaries of the trawl RCA are provided below at paragraph (e) of this section.

(iii) Between the U.S. border with Canada and 38° N. lat., the trawl RCA is defined along its western, offshore boundary by latitude and longitude coordinates approximating 250 fm (457 m) in March through October, and by coordinates approximating 250 fm (457 m) with some modifications to provide open areas to allow winter petrale sole fishing in January, February, November, and December. Between 38° N. lat. and the U.S. border with Mexico, the trawl RCA is defined along its western, offshore boundary by coordinates approximating 150 fm (274 m) throughout the year. Specific boundary coordinates that define the western, offshore boundaries of the trawl RCA

are provided below at paragraph (e) of this section.

(d)

Non-Trawl Gear (Limited Entry Fixed Gear and Open Access Nontrawl Gears) Rockfish Conservation Area.

(i) The non-trawl gear RCA is closed to fishing for groundfish using non-trawl gear (limited entry or open access longline and pot or trap, open access hook-and-line, jig gear, pot or trap, gillnet, set net, trammel net and spear). Fishing with non-trawl gear is prohibited within the non-trawl gear RCA. It is unlawful to take and retain, possess, or land groundfish taken with non-trawl gear in the non-trawl gear RCA. Limited entry fixed gear and open access non-trawl gear vessels may transit through the non-trawl gear RCA, with or without groundfish on board. These restrictions do not apply to vessels fishing for species other than groundfish with non-trawl gear. If a vessel fishes in an RCA, it may not participate in any fishing on that trip that is inconsistent with the restrictions that apply within the RCA. For example, if a vessel participates in the salmon troll fishery within the RCA, the vessel cannot on the same trip participate in the sablefish fishery outside of the RCA.

(ii) Between the U.S. border with Canada and 46°16′ N. lat., the non-trawl gear RCA extends to the shoreline. Between 46°16′ N. lat. and 40°10′ N. lat., the non-trawl gear RCA is defined along its eastern, inshore boundary by latitude and longitude coordinates approximating 27 fm (49 m) throughout the year. Between 40°10′ N. lat. and the U.S. border with Mexico, the non-trawl gear RCA is defined along its eastern, inshore boundary by latitude and longitude coordinates approximating 20 fm (37 m) throughout the year, except as provided for between Point Fermin (33°42' 30″ N. lat.; 118°17' 30″ W. long.) and the Newport South Jetty (33°35' 37″ N. lat.; 117°52' 50″ W. long.) Between a line drawn due south from Point Fermin (33°42' 30″ N. lat.; 118°17' 30″ W. long.) and a line drawn due west from the Newport South Jetty (33°35' 37″ N. lat.; 117°52' 50″ W. long.,) vessels fishing with hook-and-line and/or trap (or pot) gear may operate from shore to a boundary line defined by coordinates approximating 50 fm (91 m) in the months of July and August. Specific coordinates that define the eastern, inshore boundaries of the non-trawl gear RCA are provided below at paragraph (e) of this section.

(iii) Between the U.S. border with Canada and 40°10′ N. lat., the non-trawl gear RCA is defined along its western, offshore boundary by latitude and longitude coordinates approximating 100 fm (183 m) throughout the year. Between 40°10′ N. lat. and the U.S. border with Mexico, the non-trawl gear RCA is defined along its western, offshore boundary by coordinates approximating 150 fm (274 m) throughout the year. Specific coordinates that define the western, offshore boundaries of the non-trawl gear RCA are provided below at paragraph (e) of this section.

(e)

RCA Boundary Coordinates.

Coordinates for the specific boundaries that approximate the depth contours selected for both trawl and non-trawl gear RCAs are provided here.

(i) The 27 fm (49 m) depth contour used between 46°16′ N. lat. and 40°10′ N. lat. as an eastern boundary for the non-trawl RCA is defined by straight lines connecting all of the following points in the order stated:

(1) 46°16.00′ N. lat., 124°12.39′ W. long.;

(2) 46°14.85′ N. lat., 124°12.39′ W. long.;

(3) 46°03.95′ N. lat., 124°03.64′ W. long.;

(4) 45°43.14′ N. lat., 124°00.17′ W. long.;

(5) 45°23.33′ N. lat., 124°01.99′ W. long.;

(6) 45°09.54′ N. lat., 124°01.65′ W. long.;

(7) 44°39.99′ N. lat., 124°08.67′ W. long.;

(8) 44°20.86′ N. lat., 124°10.31′ W. long.;

(9) 43°37.11′ N. lat., 124°14.91′ W. long.;

(10) 43°27.54′ N. lat., 124°18.98′ W. long.;

(11) 43°20.68′ N. lat., 124°25.53′ W. long.;

(12) 43°15.08′ N. lat., 124°27.17′ W. long.;

(13) 43°06.89′ N. lat., 124°29.65′ W. long.;

(14) 43°01.02′ N. lat., 124°29.70′ W. long.;

(15) 42°52.67′ N. lat., 124°36.10′ W. long.;

(16) 42°45.96′ N. lat., 124°37.95′ W. long.;

(17) 42°45.80′ N. lat., 124°35.41′ W. long.;

(18) 42°38.46′ N. lat., 124°27.49′ W. long.;

(19) 42°35.29′ N. lat., 124°26.85′ W. long.;

(20) 42°31.49′ N. lat., 124°31.40′ W. long.;

(21) 42°29.06′ N. lat., 124°32.24′ W. long.;

(22) 42°14.26′ N. lat., 124°26.27′ W. long.;

(23) 42°04.86′ N. lat., 124°21.94′ W. long.;

(24) 42°00.10′ N. lat., 124°20.99′ W. long.;

(25) 42°00.00′ N. lat., 124°21.03′ W. long.;

(26) 41°56.33′ N. lat., 124°20.34′ W. long.;

(27) 41°50.93′ N. lat., 124°23.74′ W. long.;

(28) 41°41.83′ N. lat., 124°16.99′ W. long.;

(29) 41°35.48′ N. lat., 124°16.35′ W. long.;

(30) 41°23.51′ N. lat., 124°10.48′ W. long.;

(31) 41°04.62′ N. lat., 124°14.44′ W. long.;

(32) 40°54.28′ N. lat., 124°13.90′ W. long.;

(33) 40°40.37′ N. lat., 124°26.21′ W. long.;

(34) 40°34.03′ N. lat., 124°27.36′ W. long.;

(35) 40°28.88′ N. lat., 124°32.41′ W. long.;

(36) 40°24.82′ N. lat., 124°29.56′ W. long.;

(37) 40°22.64′ N. lat., 124°24.05′ W. long.;

(38) 40°18.67′ N. lat., 124°21.90′ W. long.;

(39) 40°14.23′ N. lat., 124°23.72′ W. long.; and

(40) 40°10.00′ N. lat., 124°17.22′ W. long.;

(ii) The 75 fm (137 m) depth contour used north of 40°10′ N. lat. as an eastern boundary for the trawl RCA in the months of July and August is defined by straight lines connecting all of the following points in the order stated:

(1) 48°16.08′ N. lat., 125°34.90′ W. long.;

(2) 48°14.50′ N. lat., 125°29.50′ W. long.;

(3) 48°12.08′ N. lat., 125°28.00′ W. long.;

(4) 48°09.00′ N. lat., 125°28.00′ W. long.;

(5) 48°07.80′ N. lat., 125°31.70′ W. long.;

(6) 48°04.28′ N. lat., 125°29.00′ W. long.;

(7) 48°02.50′ N. lat., 125°25.70′ W. long.;

(8) 48°10.00′ N. lat., 125°20.19′ W. long.;

(9) 48°21.70′ N. lat., 125°17.56′ W. long.;

(10) 48°24.69′ N. lat., 125°05.55′ W. long.;

(11) 48°23.05′ N. lat., 124°48.80′ W. long.;

(12) 48°17.10′ N. lat., 124°54.82′ W. long.;

(13) 48°05.10′ N. lat., 124°59.40′ W. long.;

(14) 48°04.50′ N. lat., 125°02.00′ W. long.;

(15) 48°04.70′ N. lat., 125°04.08′ W. long.;

(16) 48°05.20′ N. lat., 125°04.90′ W. long.;

(17) 48°06.80′ N. lat., 125°06.15′ W. long.;

(18) 48°05.91′ N. lat., 124°08.30′ W. long.;

(19) 48°07.00′ N. lat., 124°09.80′ W. long.;

(20) 48°06.93′ N. lat., 124°11.48′ W. long.;

(21) 48°04.98′ N. lat., 124°10.02′ W. long.;

(22) 47°54.00′ N. lat., 125°04.98′ W. long.;

(23)47°44.52′ N. lat., 125°00.00′ W. long.;

(24)47°42.00′ N. lat., 124°58.98′ W. long.;

(25)47°35.52′ N. lat., 124°55.50′ W. long.;

(26)47°22.02′ N. lat., 124°44.40′ W. long.;

(27)47°16.98′ N. lat., 124°45.48′ W. long.;

(28)47°10.98′ N. lat., 124°48.48′ W. long.;

(29)47°04.98′ N. lat., 124°49.02′ W. long.;

(30)46°57.98′ N. lat., 124°46.50′ W. long.;

(31)46°54.00′ N. lat., 124°45.00′ W. long.;

(32)46°48.48′ N. lat., 124°44.52′ W. long.;

(33)46°40.02′ N. lat., 124°36.00′ W. long.;

(34)46°34.09′ N. lat., 124°27.03′ W. long.;

(35)46°24.64′ N. lat., 124°30.33′ W. long.;

(36)46°19.98′ N. lat., 124°36.00′ W. long.;

(37) 46°18.14′ N. lat., 124°34.26′ W. long.;

(38) 46°18.72′ N. lat., 124°22.68′ W. long.;

(39) 46°14.64′ N. lat., 124°22.54′ W. long.;

(40) 46°11.08′ N. lat., 124°30.74′ W. long.;

(41) 46°04.28′ N. lat., 124°31.49′ W. long.;

(42) 45°55.97′ N. lat., 124°19.95′ W. long.;

(43) 45°44.97′ N. lat., 124°15.96′ W. long.;

(44) 45°43.14′ N. lat., 124°21.86′ W. long.;

(45) 45°34.44′ N. lat., 124°14.44′ W. long.;

(46) 45°15.49′ N. lat., 124°11.49′ W. long.;

(47) 44°57.31′ N. lat., 124°15.03′ W. long.;

(48) 44°43.90′ N. lat., 124°28.88′ W. long.;

(49) 44°28.64′ N. lat., 124°35.67′ W. long.;

(50) 44°25.31′ N. lat., 124°43.08′ W. long.;

(51) 44°17.15′ N. lat., 124°47.98′ W. long.;

(52) 44°13.67′ N. lat., 124°54.41′ W. long.;

(53) 43°56.85′ N. lat., 124°55.32′ W. long.;

(54) 43°57.50′ N. lat., 124°41.23′ W. long.;

(55) 44°01.79′ N. lat., 124°38.00′ W. long.;

(56) 44°02.16′ N. lat., 124°32.62′ W. long.;

(57) 43°58.15′ N. lat., 124°30.39′ W. long.;

(58) 43°53.25′ N. lat., 124°31.39′ W. long.;

(59) 43°35.56′ N. lat., 124°28.17′ W. long.;

(60) 43°21.84′ N. lat., 124°36.07′ W. long.;

(61) 43°19.73′ N. lat., 124°34.86′ W. long.;

(62) 43°09.38′ N. lat., 124°39.30′ W. long.;

(63) 43°07.11′ N. lat., 124°37.66′ W. long.;

(64) 42°56.27′ N. lat., 124°43.29′ W. long.;

(65) 42°45.00′ N. lat., 124°41.50′ W. long.;

(66) 42°39.72′ N. lat., 124°39.11′ W. long.;

(67) 42°32.88′ N. lat., 124°40.13′ W. long.;

(68) 42°32.30′ N. lat., 124°39.04′ W. long.;

(69) 42°26.96′ N. lat., 124°44.31′ W. long.;

(70) 42°24.11′ N. lat., 124°42.16′ W. long.;

(71) 42°21.10′ N. lat., 124°35.46′ W. long.;

(72) 42°14.72′ N. lat., 124°32.30′ W. long.;

(73) 42°09.24′ N. lat., 124°32.04′ W. long.;

(74) 42°01.89′ N. lat., 124°32.70′ W. long.;

(75) 42°00.03′ N. lat., 124°32.02′ W. long.;

(76) 42°00.00′ N. lat., 124°32.02′ W. long.;

(77) 41°46.18′ N. lat., 124°26.60′ W. long.;

(78) 41°29.22′ N. lat., 124°28.04′ W. long.;

(79) 41°09.62′ N. lat., 124°19.75′ W. long.;

(80) 40°50.71′ N. lat., 124°23.80′ W. long.;

(81) 40°43.35′ N. lat., 124°29.30′ W. long.;

(82) 40°40.24′ N. lat., 124°29.86′ W. long.;

(83) 40°37.50′ N. lat., 124°28.68′ W. long.;

(84) 40°34.42′ N. lat., 124°29.65′ W. long.;

(85) 40°34.74′ N. lat., 124°34.61′ W. long.;

(86) 40°31.70′ N. lat., 124°37.13′ W. long.;

(87) 40°25.03′ N. lat., 124°34.77′ W. long.;

(88) 40°23.58′ N. lat., 124°31.49′ W. long.;

(89) 40°23.64′ N. lat., 124°28.35′ W. long.;

(90) 40°22.53′ N. lat., 124°24.76′ W. long.;

(91) 40°21.46′ N. lat., 124°24.86′ W. long.;

(92) 40°21.74′ N. lat., 124°27.63′ W. long.;

(93) 40°19.76′ N. lat., 124°28.15′ W. long.;

(94) 40°18.00′ N. lat., 124°25.38′ W. long.;

(95) 40°18.54′ N. lat., 124°22.94′ W. long.;

(96) 40°15.55′ N. lat., 124°25.75′ W. long.;

(97) 40°16.06′ N. lat., 124°30.48′ W. long.;

(98) 40°15.75′ N. lat., 124°31.69′ W. long.; and

(99) 40°10.00′ N. lat., 124°21.28′ W. long.

(iii) The 100 fm (183 m) depth contour used north of 40°10′ N. lat. as an eastern boundary for the trawl RCA and as a western boundary for the non-trawl RCA is defined by straight lines connecting all of the following points in the order stated:

(1) 48°15.00′ N. lat., 125°41.00′ W. long.;

(2) 48°14.00′ N. lat., 125°36.00′ W. long.;

(3) 48°09.50′ N. lat., 125°40.50′ W. long.;

(4) 48°08.00′ N. lat., 125°38.00′ W. long.;

(5) 48°05.00′ N. lat., 125°37.25′ W. long.;

(6) 48°02.60′ N. lat., 125°34.70′ W. long.;

(7) 47°59.00′ N. lat., 125°34.00′ W. long.;

(8) 47°57.26′ N. lat., 125°29.82′ W. long.;

(9) 47°59.87′ N. lat., 125°25.81′ W. long.;

(10) 48°01.80′ N. lat., 125°24.53′ W. long.;

(11) 48°02.08′ N. lat., 125°22.98′ W. long.;

(12) 48°02.97′ N. lat., 125°22.89′ W. long.;

(13) 48°04.47′ N. lat., 125°21.75′ W. long.;

(14) 48°06.11′ N. lat., 125°19.33′ W. long.;

(15) 48°07.95′ N. lat., 125°18.55′ W. long.;

(16) 48°09.00′ N. lat., 125°18.00′ W. long.;

(17) 48°11.31′ N. lat., 125°17.55′ W. long.;

(18) 48°14.60′ N. lat., 125°13.46′ W. long.;

(19) 48°16.67′ N. lat., 125°14.34′ W. long.;

(20) 48°18.73′ N. lat., 125°14.41′ W. long.;

(21) 48°19.67′ N. lat., 125°13.70′ W. long.;

(22) 48°19.70′ N. lat., 125°11.13′ W. long.;

(23) 48°22.95′ N. lat., 125°10.79′ W. long.;

(24) 48°21.61′ N. lat., 125°02.54′ W. long.;

(25) 48°23.00′ N. lat., 124°49.34′ W. long.;

(26) 48°17.00′ N. lat., 124°56.50′ W. long.;

(27) 48°06.00′ N. lat., 125°00.00′ W. long.;

(28) 48°04.62′ N. lat., 125°01.73′ W. long.;

(29) 48°04.84′ N. lat., 125°04.03′ W. long.;

(30) 48°06.41′ N. lat., 125°06.51′ W. long.;

(31) 48°06.00′ N. lat., 125°08.00′ W. long.;

(32) 48°07.08′ N. lat., 125°09.34′ W. long.;

(33) 48°07.28′ N. lat., 125°11.14′ W. long.;

(34) 48°03.45′ N. lat., 125°16.66′ W. long.;

(35) 47°59.50′ N. lat., 125°18.88′ W. long.;

(36) 47°58.68′ N. lat., 125°16.19′ W. long.;

(37) 47°56.62′ N. lat., 125°13.50′ W. long.;

(38) 47°53.71′ N. lat., 125°11.96′ W. long.;

(39) 47°51.70′ N. lat., 125°09.38′ W. long.;

(40) 47°49.95′ N. lat., 125°06.07′ W. long.;

(41) 47°49.00′ N. lat., 125°03.00′ W. long.;

(42) 47°46.95′ N. lat., 125°04.00′ W. long.;

(43) 47°46.58′ N. lat., 125°03.15′ W. long.;

(44) 47°44.07′ N. lat., 125°04.28′ W. long.;

(45) 47°43.32′ N. lat., 125°04.41′ W. long.;

(46) 47°40.95′ N. lat., 125°04.14′ W. long.;

(47) 47°39.58′ N. lat., 125°04.97′ W. long.;

(48) 47°36.23′ N. lat., 125°02.77′ W. long.;

(49) 47°34.28′ N. lat., 124°58.66′ W. long.;

(50) 47°32.17′ N. lat., 124°57.77′ W. long.;

(51) 47°30.27′ N. lat., 124°56.16′ W. long.;

(52) 47°30.60′ N. lat., 124°54.80′ W. long.;

(53) 47°29.26′ N. lat., 124°52.21′ W. long.;

(54) 47°28.21′ N. lat., 124°50.65′ W. long.;

(55) 47°27.38′ N. lat., 124°49.34′ W. long.;

(56) 47°25.61′ N. lat., 124°48.26′ W. long.;

(57) 47°23.54′ N. lat., 124°46.42′ W. long.;

(58) 47°20.64′ N. lat., 124°45.91′ W. long.;

(59) 47°17.99′ N. lat., 124°45.59′ W. long.;

(60) 47°18.20′ N. lat., 124°49.12′ W. long.;

(61) 47°15.01′ N. lat., 124°51.09′ W. long.;

(62) 47°12.61′ N. lat., 124°54.89′ W. long.;

(63) 47°08.22′ N. lat., 124°56.53′ W. long.;

(64) 47°08.50′ N. lat., 124°54.95′ W. long.;

(65) 47°01.92′ N. lat., 124°57.74′ W. long.;

(66) 47°01.14′ N. lat., 124°59.35′ W. long.;

(67) 46°58.48′ N. lat., 124°57.81′ W. long.;

(68) 46°56.79′ N. lat., 124°56.03′ W. long.;

(69) 46°58.01′ N. lat., 124°55.09′ W. long.;

(70) 46°55.07′ N. lat., 124°54.14′ W. long.;

(71) 46°59.60′ N. lat., 124°49.79′ W. long.;

(72) 46°58.72′ N. lat., 124°48.78′ W. long.;

(73) 46°54.45′ N. lat., 124°48.36′ W. long.;

(74) 46°53.99′ N. lat., 124°49.95′ W. long.;

(75) 46°54.38′ N. lat., 124°52.73′ W. long.;

(76) 46°52.38′ N. lat., 124°52.02′ W. long.;

(77) 46°48.93′ N. lat., 124°49.17′ W. long.;

(78) 46°41.50′ N. lat., 124°43.00′ W. long.;

(79) 46°34.50′ N. lat., 124°28.50′ W. long.;

(80) 46°29.00′ N. lat., 124°30.00′ W. long.;

(81) 46°20.00′ N. lat., 124°36.50′ W. long.;

(82) 46°18.00′ N. lat., 124°38.00′ W. long.;

(83) 46°17.52′ N. lat., 124°35.35′ W. long.;

(84) 46°17.00′ N. lat., 124°22.50′ W. long.;

(85) 46°15.02′ N. lat., 124°23.77′ W. long.;

(86) 46°12.00′ N. lat., 124°35.00′ W. long.;

(87) 46°10.50′ N. lat., 124°39.00′ W. long.;

(88) 46°08.90′ N. lat., 124°39.11′ W. long.;

(89) 46°00.97′ N. lat., 124°38.56′ W. long.;

(90) 45°57.04′ N. lat., 124°36.42′ W. long.;

(91) 45°54.29′ N. lat., 124°40.02′ W. long.;

(92) 45°47.19′ N. lat., 124°35.58′ W. long.;

(93) 45°41.75′ N. lat., 124°28.32′ W. long.;

(94) 45°34.16′ N. lat., 124°24.23′ W. long.;

(95) 45°27.10′ N. lat., 124°21.74′ W. long.;

(96) 45°17.14′ N. lat., 124°17.85′ W. long.;

(97) 44°59.51′ N. lat., 124°19.34′ W. long.;

(98) 44°49.30′ N. lat., 124°29.97′ W. long.;

(99) 44°45.64′ N. lat., 124°33.89′ W. long.;

(100) 44°33.00′ N. lat., 124°36.88′ W. long.;

(101) 44°28.20′ N. lat., 124°44.72′ W. long.;

(102) 44°13.16′ N. lat., 124°56.36′ W. long.;

(103) 43°56.34′ N. lat., 124°55.74′ W. long.;

(104) 43°56.47′ N. lat., 124°34.61′ W. long.;

(105) 43°42.73′ N. lat., 124°32.41′ W. long.;

(106) 43°30.92′ N. lat., 124°34.43′ W. long.;

(107) 43°17.44′ N. lat., 124°41.16′ W. long.;

(108) 43°07.04′ N. lat., 124°41.25′ W. long.;

(109) 43°03.45′ N. lat., 124°44.36′ W. long.;

(110) 43°03.90′ N. lat., 124°50.81′ W. long.;

(111) 42°55.70′ N. lat., 124°52.79′ W. long.;

(112) 42°54.12′ N. lat., 124°47.36′ W. long.;

(113) 42°43.99′ N. lat., 124°42.38′ W. long.;

(114) 42°38.23′ N. lat., 124°41.25′ W. long.;

(115) 42°33.02′ N. lat., 124°42.38′ W. long.;

(116) 42°31.89′ N. lat., 124°42.04′ W. long.;

(117) 42°30.08′ N. lat., 124°42.67′ W. long.;

(118) 42°28.27′ N. lat., 124°47.08′ W. long.;

(119) 42°25.22′ N. lat., 124°43.51′ W. long.;

(120) 42°19.22′ N. lat., 124°37.92′ W. long.;

(121) 42°16.28′ N. lat., 124°36.11′ W. long.;

(122) 42°05.65′ N. lat., 124°34.92′ W. long.;

(123) 42°00.00′ N. lat., 124°35.27′ W. long.;

(124) 42°00.00′ N. lat., 124°35.26′ W. long.;

(125) 41°47.04′ N. lat., 124°27.64′ W. long.;

(126) 41°32.92′ N. lat., 124°28.79′ W. long.;

(127) 41°24.17′ N. lat., 124°28.46′ W. long.;

(128) 41°10.12′ N. lat., 124°20.50′ W. long.;

(129) 40°51.41′ N. lat., 124°24.38′ W. long.;

(130) 40°43.71′ N. lat., 124°29.89′ W. long.;

(131) 40°40.14′ N. lat., 124°30.90′ W. long.;

(132) 40°37.35′ N. lat., 124°29.05′ W. long.;

(133) 40°34.76′ N. lat., 124°29.82′ W. long.;

(134) 40°36.78′ N. lat., 124°37.06′ W. long.;

(135) 40°32.44′ N. lat., 124°39.58′ W. long.;

(136) 40°24.82′ N. lat., 124°35.12′ W. long.;

(137) 40°23.30′ N. lat., 124°31.60′ W. long.;

(138) 40°23.52′ N. lat., 124°28.78′ W. long.;

(139) 40°22.43′ N. lat., 124°25.00′ W. long.;

(140) 40°21.72′ N. lat., 124°24.94′ W. long.;

(141) 40°21.87′ N. lat., 124°27.96′ W. long.;

(142) 40°21.40′ N. lat., 124°28.74′ W. long.;

(143) 40°19.68′ N. lat., 124°28.49′ W. long.;

(144) 40°17.73′ N. lat., 124°25.43′ W. long.;

(145) 40°18.37′ N. lat., 124°23.35′ W. long.;

(146) 40°15.75′ N. lat., 124°26.05′ W. long.;

(147) 40°16.75′ N. lat., 124°33.71′ W. long.;

(148) 40°16.29′ N. lat., 124°34.36′ W. long.; and

(149) 40°10.00′ N. lat., 124°21.12′ W. long.

(iv) The 250 fm (457 m) depth contour used north of 38° N. lat. as a western boundary for the trawl RCA in the months of March through October is defined by straight lines connecting all of the following points in the order stated:

(1) 48°14.68′ N. lat., 125°42.10′ W. long.;

(2) 48°13.00′ N. lat., 125°39.00′ W. long.;

(3) 48°12.73′ N. lat., 125°38.87′ W. long.;

(4) 48°12.43′ N. lat., 125°39.12′ W. long.;

(5) 48°11.83′ N. lat., 125°40.01′ W. long.;

(6) 48°11.78′ N. lat., 125°41.70′ W. long.;

(7) 48°10.62′ N. lat., 125°43.41′ W. long.;

(8) 48°09.23′ N. lat., 125°42.80′ W. long.;

(9) 48°08.79′ N. lat., 125°43.79′ W. long.;

(10) 48°08.50′ N. lat., 125°45.00′ W. long.;

(11) 48°07.43′ N. lat., 125°46.36′ W. long.;

(12) 48°06.00′ N. lat., 125°46.50′ W. long.;

(13) 48°05.38′ N. lat., 125°42.82′ W. long.;

(14) 48°04.19′ N. lat., 125°40.40′ W. long.;

(15) 48°03.50′ N. lat., 125°37.00′ W. long.;

(16) 48°01.50′ N. lat., 125°40.00′ W. long.;

(17) 47°57.00′ N. lat., 125°37.00′ W. long.;

(18) 47°55.21′ N. lat., 125°37.22′ W. long.;

(19) 47°54.02′ N. lat., 125°36.57′ W. long.;

(20) 47°53.67′ N. lat., 125°35.06′ W. long.;

(21) 47°54.14′ N. lat., 125°32.35′ W. long.;

(22) 47°55.50′ N. lat., 125°28.56′ W. long.;

(23) 47°57.03′ N. lat., 125°26.52′ W. long.;

(24) 47°57.98′ N. lat., 125°25.08′ W. long.;

(25) 48°00.54′ N. lat., 125°24.38′ W. long.;

(26) 48°01.45′ N. lat., 125°23.70′ W. long.;

(27) 48°01.97′ N. lat., 125°22.34′ W. long.;

(28) 48°03.68′ N. lat., 125°21.20′ W. long.;

(29) 48°01.96′ N. lat., 125°19.56′ W. long.;

(30) 48°00.98′ N. lat., 125°20.43′ W. long.;

(31) 48°00.00′ N. lat., 125°20.68′ W. long.;

(32) 47°58.00′ N. lat., 125°19.50′ W. long.;

(33) 47°57.65′ N. lat., 125°19.18′ W. long.;

(34) 47°58.00′ N. lat., 125°18.00′ W. long.;

(35) 47°56.59′ N. lat., 125°18.15′ W. long.;

(36) 47°51.30′ N. lat., 125°18.32′ W. long.;

(37) 47°49.88′ N. lat., 125°14.49′ W. long.;

(38) 47°49.00′ N. lat., 125°11.00′ W. long.;

(39) 47°47.99′ N. lat., 125°07.31′ W. long.;

(40) 47°46.47′ N. lat., 125°08.63′ W. long.;

(41) 47°46.00′ N. lat., 125°06.00′ W. long.;

(42) 47°44.50′ N. lat., 125°07.50′ W. long.;

(43) 47°43.39′ N. lat., 125°06.57′ W. long.;

(44) 47°42.37′ N. lat., 125°05.74′ W. long.;

(45) 47°40.61′ N. lat., 125°06.48′ W. long.;

(46) 47°37.43′ N. lat., 125°07.33′ W. long.;

(47) 47°33.68′ N. lat., 125°04.80′ W. long.;

(48) 47°30.00′ N. lat., 125°00.00′ W. long.;

(49) 47°28.00′ N. lat., 124°58.50′ W. long.;

(50) 47°28.88′ N. lat., 124°54.71′ W. long.;

(51) 47°27.70′ N. lat., 124°51.87′ W. long.;

(52) 47°24.84′ N. lat., 124°48.45′ W. long.;

(53) 47°21.76′ N. lat., 124°47.42′ W. long.;

(54) 47°18.84′ N. lat., 124°46.75′ W. long.;

(55) 47°19.82′ N. lat., 124°51.43′ W. long.;

(56) 47°18.13′ N. lat., 124°54.25′ W. long.;

(57) 47°13.50′ N. lat., 124°54.69′ W. long.;

(58) 47°15.00′ N. lat., 125°00.00′ W. long.;

(59) 47°08.00′ N. lat., 124°59.83′ W. long.;

(60) 47°05.79′ N. lat., 125°01.00′ W. long.;

(61) 47°03.34′ N. lat., 124°57.49′ W. long.;

(62) 47°01.00′ N. lat., 125°00.00′ W. long.;

(63) 46°55.00′ N. lat., 125°02.00′ W. long.;

(64) 46°51.00′ N. lat., 124°57.00′ W. long.;

(65) 46°47.00′ N. lat., 124°55.00′ W. long.;

(66) 46°34.00′ N. lat., 124°38.00′ W. long.;

(67) 46°30.50′ N. lat., 124°41.00′ W. long.;

(68) 46°33.00′ N. lat., 124°32.00′ W. long.;

(69) 46°29.00′ N. lat., 124°32.00′ W. long.;

(70) 46°20.00′ N. lat., 124°39.00′ W. long.;

(71) 46°18.16′ N. lat., 124°40.00′ W. long.;

(72) 46°15.83′ N. lat., 124°27.01′ W. long.;

(73) 46°15.00′ N. lat., 124°30.96′ W. long.;

(74) 46°13.17′ N. lat., 124°37.87′ W. long.;

(75) 46°13.17′ N. lat., 124°38.75′ W. long.;

(76) 46°10.50′ N. lat., 124°42.00′ W. long.;

(77) 46°06.21′ N. lat., 124°41.85′ W. long.;

(78) 46°03.02′ N. lat., 124°50.27′ W. long.;

(79) 45°57.00′ N. lat., 124°45.52′ W. long.;

(80) 45°46.85′ N. lat., 124°45.91′ W. long.;

(81) 45°45.81′ N. lat., 124°47.05′ W. long.;

(82) 45°44.87′ N. lat., 124°45.98′ W. long.;

(83) 45°43.44′ N. lat., 124°46.03′ W. long.;

(84) 45°35.82′ N. lat., 124°45.72′ W. long.;

(85) 45°35.70′ N. lat., 124°42.89′ W. long.;

(86) 45°24.45′ N. lat., 124°38.21′ W. long.;

(87) 45°11.68′ N. lat., 124°39.38′ W. long.;

(88) 44°57.94′ N. lat., 124°37.02′ W. long.;

(89) 44°44.28′ N. lat., 124°50.79′ W. long.;

(90) 44°32.63′ N. lat., 124°54.21′ W. long.;

(91) 44°23.20′ N. lat., 124°49.87′ W. long.;

(92) 44°13.17′ N. lat., 124°58.81′ W. long.;

(93) 43°57.92′ N. lat., 124°58.29′ W. long.;

(94) 43°50.12′ N. lat., 124°53.36′ W. long.;

(95) 43°49.53′ N. lat., 124°43.96′ W. long.;

(96) 43°42.76′ N. lat., 124°41.40′ W. long.;

(97) 43°24.00′ N. lat., 124°42.61′ W. long.;

(98) 43°19.74′ N. lat., 124°45.12′ W. long.;

(99) 43°19.62′ N. lat., 124°52.95′ W. long.;

(100) 43°17.41′ N. lat., 124°53.02′ W. long.;

(101) 42°49.15′ N. lat., 124°54.93′ W. long.;

(102) 42°46.74′ N. lat., 124°53.39′ W. long.;

(103) 42°43.76′ N. lat., 124°51.64′ W. long.;

(104) 42°45.41′ N. lat., 124°49.35′ W. long.;

(105) 42°43.92′ N. lat., 124°45.92′ W. long.;

(106) 42°38.87′ N. lat., 124°43.38′ W. long.;

(107) 42°34.78′ N. lat., 124°46.56′ W. long.;

(108) 42°31.47′ N. lat., 124°46.89′ W. long.;

(109) 42°31.00′ N. lat., 124°44.28′ W. long.;

(110) 42°29.22′ N. lat., 124°46.93′ W. long.;

(111) 42°28.39′ N. lat., 124°49.94′ W. long.;

(112) 42°26.28′ N. lat., 124°47.60′ W. long.;

(113) 42°19.58′ N. lat., 124°43.21′ W. long.;

(114) 42°13.75′ N. lat., 124°40.06′ W. long.;

(115) 42°05.12′ N. lat., 124°39.06′ W. long.;

(116) 41°59.99′ N. lat., 124°37.72′ W. long.;

(117) 42°00.00′ N. lat., 124°37.76′ W. long.;

(118) 41°47.93′ N. lat., 124°31.79′ W. long.;

(119) 41°21.35′ N. lat., 124°30.35′ W. long.;

(120) 41°07.11′ N. lat., 124°25.25′ W. long.;

(121) 40°57.37′ N. lat., 124°30.25′ W. long.;

(122) 40°48.77′ N. lat., 124°30.69′ W. long.;

(123) 40°41.03′ N. lat., 124°33.21′ W. long.;

(124) 40°37.40′ N. lat., 124°38.96′ W. long.;

(125) 40°33.70′ N. lat., 124°42.50′ W. long.;

(126) 40°31.31′ N. lat., 124°41.59′ W. long.;

(127) 40°25.00′ N. lat., 124°36.65′ W. long.;

(128) 40°22.42′ N. lat., 124°32.19′ W. long.;

(129) 40°17.17′ N. lat., 124°32.21′ W. long.;

(130) 40°18.68′ N. lat., 124°50.44′ W. long.;

(131) 40°13.55′ N. lat.,124°34.26′ W. long.;

(132) 40°10.11′ N. lat.,124°28.25′ W. long.;

(133) 40°06.72′ N. lat.,124°21.40′ W. long.;

(134) 40°01.63′ N. lat.,124°17.25′ W. long.;

(135) 40°00.68′ N. lat.,124°11.19′ W. long.;

(136) 39°59.09′ N. lat., 124°14.92′ W. long.;

(137) 39°51.85′ N. lat.,124°10.33′ W. long.;

(138) 39°36.90′ N. lat.,124°00.63′ W. long.;

(139) 39°32.41′ N. lat.,124°00.01′ W. long.;

(140) 39°05.40′ N. lat.,124°00.52′ W. long.;

(141) 39°04.32′ N. lat.,123°59.00′ W. long.;

(142) 38°58.02′ N. lat.,123°58.18′ W. long.;

(143) 38°58.19′ N. lat.,124°01.90′ W. long.;

(144) 38°50.27′ N. lat.,123°56.26′ W. long.;

(145) 38°46.73′ N. lat.,123°51.93′ W. long.;

(146) 38°44.64′ N. lat.,123°51.77′ W. long.;

(147) 38°32.97′ N. lat.,123°41.84′ W. long.;

(148) 38°14.56′ N. lat.,123°32.18′ W. long.;

(149) 38°13.85′ N. lat.,123°29.94′ W. long.;

(150) 38°11.88′ N. lat.,123°30.57′ W. long.;

(151) 38°08.72′ N. lat.,123°29.56′ W. long.;

(152) 38°05.62′ N. lat.,123°32.38′ W. long.;

(153) 38°01.90′ N. lat.,123°32.00′ W. long.; and

(154) 38°00.00′ N. lat., 123°30.00′ W. long.

(v) The Winter Petrale Boundary used north of 38° N. lat. as a western boundary for the trawl RCA, modified to allow fishing for petrale in the winter months of January, February, November, and December, is defined by straight lines connecting all of the following points in the order stated:

(1) 48°14.71′ N. lat., 125°41.95′ W. long.;

(2) 48°13.00′ N. lat., 125°39.00′ W. long.;

(3) 48°08.50′ N. lat., 125°45.00′ W. long.;

(4) 48°06.00′ N. lat., 125°46.50′ W. long.;

(5) 48°03.50′ N. lat., 125°37.00′ W. long.;

(6) 48°01.50′ N. lat., 125°40.00′ W. long.;

(7) 47°57.00′ N. lat., 125°37.00′ W. long.;

(8) 47°55.50′ N. lat., 125°28.50′ W. long.;

(9) 47°58.00′ N. lat., 125°25.00′ W. long.;

(10) 48°00.50′ N. lat., 125°24.50′ W. long.;

(11) 48°03.50′ N. lat., 125°21.00′ W. long.;

(12) 48°02.00′ N. lat., 125°19.50′ W. long.;

(13) 48°00.00′ N. lat., 125°21.00′ W. long.;

(14) 47°58.00′ N. lat., 125°20.00′ W. long.;

(15) 47°58.00′ N. lat., 125°18.00′ W. long.;

(16) 47°52.00′ N. lat., 125°16.50′ W. long.;

(17) 47°49.00′ N. lat., 125°11.00′ W. long.;

(18) 47°46.00′ N. lat., 125°06.00′ W. long.;

(19) 47°44.50′ N. lat., 125°07.50′ W. long.;

(20) 47°42.00′ N. lat., 125°06.00′ W. long.;

(21) 47°38.00′ N. lat., 125°07.00′ W. long.;

(22) 47°30.00′ N. lat., 125°00.00′ W. long.;

(23) 47°28.00′ N. lat., 124°58.50′ W. long.;

(24) 47°28.88′ N. lat., 124°54.71′ W. long.;

(25) 47°27.70′ N. lat., 124°51.87′ W. long.;

(26) 47°24.84′ N. lat., 124°48.45′ W. long.;

(27) 47°21.76′ N. lat., 124°47.42′ W. long.;

(28) 47°18.84′ N. lat., 124°46.75′ W. long.;

(29) 47°19.82′ N. lat., 124°51.43′ W. long.;

(30) 47°18.13′ N. lat., 124°54.25′ W. long.;

(31) 47°13.50′ N. lat., 124°54.69′ W. long.;

(32) 47°15.00′ N. lat., 125°00.00′ W. long.;

(33) 47°08.00′ N. lat., 124°59.82′ W. long.;

(34) 47°05.79′ N. lat., 125°01.00′ W. long.;

(35) 47°03.34′ N. lat., 124°57.49′ W. long.;

(36) 47°01.00′ N. lat., 125°00.00′ W. long.;

(37) 46°55.00′ N. lat., 125°02.00′ W. long.;

(38) 46°51.00′ N. lat., 124°57.00′ W. long.;

(39) 46°47.00′ N. lat., 124°55.00′ W. long.;

(40) 46°34.00′ N. lat., 124°38.00′ W. long.;

(41) 46°30.50′ N. lat., 124°41.00′ W. long.;

(42) 46°33.00′ N. lat., 124°32.00′ W. long.;

(43) 46°29.00′ N. lat., 124°32.00′ W. long.;

(44) 46°20.00′ N. lat., 124°39.00′ W. long.;

(45) 46°18.16′ N. lat., 124°40.00′ W. long.;

(46) 46°15.83′ N. lat., 124°27.01′ W. long.;

(47) 46°15.00′ N. lat., 124°30.96′ W. long.;

(48) 46°13.17′ N. lat., 124°38.76′ W. long.;

(49) 46°10.51′ N. lat., 124°41.99′ W. long.;

(50) 46°06.24′ N. lat., 124°41.81′ W. long.;

(51) 46°03.04′ N. lat., 124°50.26′ W. long.;

(52) 45°56.99′ N. lat., 124°45.45′ W. long.;

(53) 45°49.94′ N. lat., 124°45.75′ W. long.;

(54) 45°49.94′ N. lat., 124°42.33′ W. long.;

(55) 45°45.73′ N. lat., 124°42.18′ W. long.;

(56) 45°45.73′ N. lat., 124°43.82′ W. long.;

(57) 45°41.94′ N. lat., 124°43.61′ W. long.;

(58) 45°41.58′ N. lat., 124°39.86′ W. long.;

(59) 45°38.45′ N. lat., 124°39.94′ W. long.;

(60) 45°35.75′ N. lat., 124°42.91′ W. long.;

(61) 45°24.49′ N. lat., 124°38.20′ W. long.;

(62) 45°14.43′ N. lat., 124°39.05′ W. long.;

(63) 45°14.30′ N. lat., 124°34.19′ W. long.;

(64) 45°08.98′ N. lat., 124°34.26′ W. long.;

(65) 45°09.02′ N. lat., 124°38.81′ W. long.;

(66) 44°57.98′ N. lat., 124°36.98′ W. long.;

(67) 44°56.62′ N. lat., 124°38.32′ W. long.;

(68) 44°50.82′ N. lat., 124°35.52′ W. long.;

(69) 44°46.89′ N. lat., 124°38.32′ W. long.;

(70) 44°50.78′ N. lat., 124°44.24′ W. long.;

(71) 44°44.27′ N. lat., 124°50.78′ W. long.;

(72) 44°32.63′ N. lat., 124°54.24′ W. long.;

(73) 44°23.25′ N. lat., 124°49.78′ W. long.;

(74) 44°13.16′ N. lat., 124°58.81′ W. long.;

(75) 43°57.88′ N. lat., 124°58.25′ W. long.;

(76) 43°56.89′ N. lat., 124°57.33′ W. long.;

(77) 43°53.41′ N. lat., 124°51.95′ W. long.;

(78) 43°51.56′ N. lat., 124°47.38′ W. long.;

(79) 43°51.49′ N. lat., 124°37.77′ W. long.;

(80) 43°48.02′ N. lat., 124°43.31′ W. long.;

(81) 43°42.77′ N. lat., 124°41.39′ W. long.;

(82) 43°24.09′ N. lat., 124°42.57′ W. long.;

(83) 43°19.73′ N. lat., 124°45.09′ W. long.;

(84) 43°15.98′ N. lat., 124°47.76′ W. long.;

(85) 43°04.14′ N. lat., 124°52.55′ W. long.;

(86) 43°04.00′ N. lat., 124°53.88′ W. long.;

(87) 42°54.69′ N. lat., 124°54.54′ W. long.;

(88) 42°45.46′ N. lat., 124°49.37′ W. long.;

(89) 42°43.91′ N. lat., 124°45.90′ W. long.;

(90) 42°38.84′ N. lat., 124°43.36′ W. long.;

(91) 42°34.82′ N. lat., 124°46.56′ W. long.;

(92) 42°31.57′ N. lat., 124°46.86′ W. long.;

(93) 42°30.98′ N. lat., 124°44.27′ W. long.;

(94) 42°29.21′ N. lat., 124°46.93′ W. long.;

(95) 42°28.52′ N. lat., 124°49.40′ W. long.;

(96) 42°26.06′ N. lat., 124°46.61′ W. long.;

(97) 42°21.82′ N. lat., 124°43.76′ W. long.;

(98) 42°17.47′ N. lat., 124°38.89′ W. long.;

(99) 42°13.67′ N. lat., 124°37.51′ W. long.;

(100) 42°13.76′ N. lat., 124°40.03′ W. long.;

(101) 42°05.12′ N. lat., 124°39.06′ W. long.;

(102) 42°02.67′ N. lat., 124°38.41′ W. long.;

(103) 42°02.67′ N. lat., 124°35.95′ W. long.;

(104) 42°00.00′ N. lat., 124°35.88′ W. long.;

(105) 41°59.99′ N. lat., 124°35.92′ W. long.;

(106) 41°56.38′ N. lat., 124°34.96′ W. long.;

(107) 41°53.98′ N. lat., 124°32.50′ W. long.;

(108) 41°50.69′ N. lat., 124°30.46′ W. long.;

(109) 41°47.79′ N. lat., 124°29.52′ W. long.;

(110) 41°21.00′ N. lat., 124°29.00′ W. long.;

(111) 41°11.00′ N. lat., 124°23.00′ W. long.;

(112) 41°05.00′ N. lat., 124°23.00′ W. long.;

(113) 40°54.00′ N. lat., 124°26.00′ W. long.;

(114) 40°50.00′ N. lat., 124°26.00′ W. long.;

(115) 40°44.51′ N. lat., 124°30.83′ W. long.;

(116) 40°40.61′ N. lat., 124°32.06′ W. long.;

(117) 40°37.36′ N. lat., 124°29.41′ W. long.;

(118) 40°35.64′ N. lat., 124°30.47′ W. long.;

(119) 40°37.43′ N. lat., 124°37.10′ W. long.;

(120) 40°36.00′ N. lat., 124°40.00′ W. long.;

(121) 40°31.59′ N. lat., 124°40.72′ W. long.;

(122) 40°24.64′ N. lat., 124°35.62′ W. long.;

(123) 40°23.00′ N. lat., 124°32.00′ W. long.;

(124) 40°23.39′ N. lat., 124°28.70′ W. long.;

(125) 40°22.28′ N. lat., 124°25.25′ W. long.;

(126) 40°21.90′ N. lat., 124°25.17′ W. long.;

(127) 40°22.00′ N. lat., 124°28.00′ W. long.;

(128) 40°21.35′ N. lat., 124°29.53′ W. long.;

(129) 40°19.75′ N. lat., 124°28.98′ W. long.;

(130) 40°18.15′ N. lat., 124°27.01′ W. long.;

(131) 40°17.45′ N. lat., 124°25.49′ W. long.;

(132) 40°18.00′ N. lat., 124°24.00′ W. long.;

(133) 40°16.00′ N. lat., 124°26.00′ W. long.;

(134) 40°17.00′ N. lat., 124°35.00′ W. long.;

(135) 40°16.00′ N. lat., 124°36.00′ W. long.;

(136) 40°10.00′ N. lat., 124°22.75′ W. long.;

(137) 40°03.00′ N. lat., 124°14.75′ W. long.;

(138) 39°49.25′ N. lat., 124°06.00′ W. long.;

(138) 39°34.75′ N. lat., 123°58.50′ W. long.;

(140) 39°03.07′ N. lat., 123°57.81′ W. long.;

(141) 38°52.25′ N. lat., 123°56.25′ W. long.;

(142) 38°41.42′ N. lat., 123°46.75′ W. long.;

(143) 38°39.47′ N. lat., 123°46.59′ W. long.;

(144) 38°35.25′ N. lat., 123°42.00′ W. long.;

(145) 38°19.97′ N. lat., 123°32.95′ W. long.;

(146) 38°15.00′ N. lat., 123°26.50′ W. long.;

(147) 38°08.09′ N. lat., 123°23.39′ W. long.;

(148) 38°10.08′ N. lat., 123°26.82′ W. long.;

(149) 38°04.08′ N. lat., 123°32.12′ W. long.; and

(150) 38°00.00′ N. lat., 123°29.85′ W. long.

(vi) The 50 fm (91 m) depth contour used between 40°10′ N. lat. and 34°27′ N. lat. as an eastern boundary for the trawl RCA in the months of January and February is defined by straight lines connecting all of the following points in the order stated:

(1) 40°10.01′ N. lat., 124°19.97′ W. long.;

(2) 40°09.20′ N. lat., 124°15.81′ W. long.;

(3) 40°07.51′ N. lat., 124°15.29′ W. long.;

(4) 40°05.22′ N. lat., 124°10.06′ W. long.;

(5) 40°06.51′ N. lat., 124°08.01′ W. long.;

(6) 40°00.72′ N. lat., 124°08.45′ W. long.;

(7) 39°56.60′ N. lat., 124°07.12′ W. long.;

(8) 39°52.58′ N. lat., 124°03.57′ W. long.;

(9) 39°50.65′ N. lat., 123°57.98′ W. long.;

(10) 39°40.16′ N. lat., 123°52.41′ W. long.;

(11) 39°30.12′ N. lat., 123°52.92′ W. long.;

(12) 39°24.53′ N. lat., 123°55.16′ W. long.;

(13) 39°11.58′ N. lat., 123°50.93′ W. long.;

(14) 38°55.13′ N. lat., 123°51.14′ W. long.;

(15) 38°28.58′ N. lat., 123°22.84′ W. long.;

(16) 38°14.58′ N. lat., 123°09.93′ W. long.;

(17) 38°01.86′ N. lat., 123°09.76′ W. long.;

(18) 37°53.66′ N. lat., 123°12.06′ W. long.;

(19) 37°48.01′ N. lat., 123°15.84′ W. long.;

(20) 37°36.77′ N. lat., 122°58.48′ W. long.;

(21) 37°01.02′ N. lat., 122°33.71′ W. long.;

(22) 37°02.28′ N. lat., 122°25.06′ W. long.;

(23) 36°48.20′ N. lat., 122°03.28′ W. long.;

(24) 36°51.46′ N. lat., 121°57.54′ W. long.;

(25) 36°44.14′ N. lat., 121°58.10′ W. long.;

(26) 36°36.76′ N. lat., 122°01.16′ W. long.;

(27) 36°15.62′ N. lat., 121°57.13′ W. long.;

(28) 36°10.60′ N. lat., 121°43.65′ W. long.;

(29) 35°40.38′ N. lat., 121°22.59′ W. long.;

(30) 35°24.35′ N. lat., 121°02.53′ W. long.;

(31) 35°02.66′ N. lat., 120°51.63′ W. long.;

(32) 34°39.52′ N. lat., 120°48.72′ W. long.;

(33) 34°31.26′ N. lat., 120°44.12′ W. long.; and

(34) 34°27.00′ N. lat., 120°36.00′ W. long.

(vii) The 60 fm (110 m) depth contour used between 40°10′ N. lat. and 34°27′ N. lat. as an eastern boundary for the trawl RCA in March through December is defined by straight lines connecting all of the following points in the order stated:

(1) 40°10.01′ N. lat., 124°19.97′ W. long.;

(2) 40°09.20′ N. lat., 124°15.81′ W. long.;

(3) 40°07.51′ N. lat., 124°15.29′ W. long.;

(4) 40°05.22′ N. lat., 124°10.06′ W. long.;

(5) 40°06.51′ N. lat., 124°08.01′ W. long.;

(6) 40°00.72′ N. lat., 124°08.45′ W. long.;

(7) 39°56.60′ N. lat., 124°07.12′ W. long.;

(8) 39°52.58′ N. lat., 124°03.57′ W. long.;

(9) 39°50.65′ N. lat., 123°57.98′ W. long.;

(10) 39°40.16′ N. lat., 123°52.41′ W. long.;

(11) 39°30.12′ N. lat., 123°52.92′ W. long.;

(12) 39°24.53′ N. lat., 123°55.16′ W. long.;

(13) 39°11.58′ N. lat., 123°50.93′ W. long.;

(14) 38°55.13′ N. lat., 123°51.14′ W. long.;

(15) 38°28.58′ N. lat., 123°22.84′ W. long.;

(16) 38°08.57′ N. lat., 123°14.74′ W. long.;

(17) 38°00.28′ N. lat., 123°15.61′ W. long.;

(18) 37°56.98′ N. lat., 123°21.82′ W. long.;

(19) 37°48.01′ N. lat., 123°15.90′ W. long.;

(20) 37°36.73′ N. lat., 122°58.48′ W. long.;

(21) 36°48.20′ N. lat., 122°03.32′ W. long.;

(22) 37°02.08′ N. lat., 122°25.49′ W. long.;

(23) 37°07.58′ N. lat., 122°37.64′ W. long.;

(24) 36°51.46′ N. lat., 121°57.54′ W. long.;

(25) 36°44.14′ N. lat., 121°58.10′ W. long.;

(26) 36°36.76′ N. lat., 122°01.16′ W. long.;

(27) 36°15.62′ N. lat., 121°57.13′ W. long.;

(28) 36°10.60′ N. lat., 121°43.65′ W. long.;

(29) 35°40.38′ N. lat., 121°22.59′ W. long.;

(30) 35°24.35′ N. lat., 121°02.53′ W. long.;

(31) 35°02.66′ N. lat., 120°51.63′ W. long.;

(32) 34°39.52′ N. lat., 120°48.72′ W. long.;

(33) 34°31.26′ N. lat., 120°44.12′ W. long.; and

(34) 34°27.00′ N. lat., 120°36.00′ W. long.

(viii) The 100 fm (183 m) depth contour used between 34°27′ N. lat. and the U.S. border with Mexico as an eastern boundary for the trawl RCA is defined by straight lines connecting all of the following points in the order stated:

(1) 34°27.00′ N. lat., 120°39.00′ W. long.;

(2) 34°21.90′ N. lat., 120°25.25′ W. long.;

(3) 34°24.86′ N. lat., 120°16.81′ W. long.;

(4) 34°22.80′ N. lat., 119°57.06′ W. long.;

(5) 34°18.59′ N. lat., 119°44.84′ W. long.;

(6) 34°15.04′ N. lat., 119°40.34′ W. long.;

(7) 34°14.40′ N. lat., 119°45.39′ W. long.;

(8) 34°12.32′ N. lat., 119°42.41′ W. long.;

(9) 34°09.71′ N. lat., 119°28.85′ W. long.;

(10) 34°04.70′ N. lat., 119°15.38′ W. long.;

(11) 34°03.33′ N. lat., 119°12.93′ W. long.;

(12) 34°02.72′ N. lat., 119°07.01′ W. long.;

(13) 34°03.90′ N. lat., 119°04.64′ W. long.;

(14) 34°01.80′ N. lat., 119°03.23′ W. long.;

(15) 33°59.32′ N. lat., 119°03.50′ W. long.;

(16) 33°59.00′ N. lat., 118°59.55′ W. long.;

(17) 33°59.51′ N. lat., 118°57.25′ W. long.;

(18) 33°58.82′ N. lat., 118°52.47′ W. long.;

(19) 33°58.54′ N. lat., 118°41.86′ W. long.;

(20) 33°55.07′ N. lat., 118°34.25′ W. long.;

(21) 33°54.28′ N. lat., 118°38.68′ W. long.;

(22) 33°51.00′ N. lat., 118°36.66′ W. long.;

(23) 33°39.77′ N. lat., 118°18.41′ W. long.;

(24) 33°35.50′ N. lat., 118°16.85′ W. long.;

(25) 33°32.68′ N. lat., 118°09.82′ W. long.;

(26) 33°34.09′ N. lat., 117°54.06′ W. long.;

(27) 33°31.60′ N. lat., 117°49.28′ W. long.;

(28) 33°16.07′ N. lat., 117°34.74′ W. long.;

(29) 33°07.06′ N. lat., 117°22.71′ W. long.;

(30) 32°53.34′ N. lat., 117°19.13′ W. long.;

(31) 32°46.39′ N. lat., 117°23.45′ W. long.;

(32) 32°42.79′ N. lat., 117°21.16′ W. long.; and

(33) 32°34.22′ N. lat., 117°21.20′ W. long.

(ix) The 150 fm (274 m) depth contour used between 40°10′ N. lat. and the U.S. border with Mexico as a western boundary for the trawl RCA and used between 38° N. lat. and the U.S. border with Mexico as a western boundary for the non-trawl RCA is defined by straight lines connecting all of the following points in the order stated:

(1) 40°10.01′ N. lat., 124°22.90′ W. long.;

(2) 40°07.00′ N. lat., 124°19.00′ W. long.;

(3) 40°08.10′ N. lat., 124°16.70′ W. long.;

(4) 40°05.90′ N. lat., 124°17.77′ W. long.;

(5) 40°01.46′ N. lat., 124°12.85′ W. long.;

(6) 40°04.32′ N. lat., 124°10.33′ W. long.;

(7) 40°03.21′ N. lat., 124°08.83′ W. long.;

(8) 40°01.33′ N. lat., 124°08.70′ W. long.;

(9) 39°58.51′ N. lat., 124°12.44′ W. long.;

(10) 39°55.73′ N. lat., 124°07.49′ W. long.;

(11) 39°34.75′ N. lat., 123°58.50′ W. long.;

(12) 39°03.07′ N. lat., 123°57.81′ W. long.;

(13) 38°52.25′ N. lat., 123°56.25′ W. long.;

(14) 38°41.42′ N. lat., 123°46.75′ W. long.;

(15) 38°39.47′ N. lat., 123°46.59′ W. long.;

(16) 38°35.25′ N. lat., 123°42.00′ W. long.;

(17) 38°19.97′ N. lat., 123°32.95′ W. long.;

(18) 38°14.43′ N. lat., 123°25.56′ W. long.;

(19) 38°09.41′ N. lat., 123°24.43′ W. long.;

(20) 38°10.10′ N. lat., 123°27.20′ W. long.;

(21) 38°03.82′ N. lat., 123°31.91′ W. long.;

(22) 38°00.91′ N. lat., 123°30.32′ W. long.;

(23) 38°00.00′ N. lat., 123°28.78′ W. long.;

(24) 37°59.73′ N. lat., 123°29.85′ W. long.;

(25) 37°51.46′ N. lat., 123°25.16′ W. long.;

(26) 37°44.06′ N. lat., 123°11.44′ W. long.;

(27) 37°35.26′ N. lat., 123°02.29′ W. long.;

(28) 37°14.00′ N. lat., 122°50.00′ W. long.;

(29) 37°01.00′ N. lat., 122°36.00′ W. long.;

(30) 36°58.07′ N. lat., 122°28.35′ W. long.;

(31) 37°00.71′ N. lat., 122°24.53′ W. long.;

(32) 36°57.50′ N. lat., 122°24.98′ W. long.;

(33) 36°58.38′ N. lat., 122°21.85′ W. long.;

(34) 36°55.85′ N. lat., 122°21.95′ W. long.;

(35) 36°52.86′ N. lat., 122°12.89′ W. long.;

(36) 36°48.71′ N. lat., 122°09.28′ W. long.;

(37) 36°46.65′ N. lat., 122°04.10′ W. long.;

(38) 36°51.00′ N. lat., 121°58.00′ W. long.;

(39) 36°44.00′ N. lat., 121°59.00′ W. long.;

(40) 36°38.00′ N. lat., 122°02.00′ W. long.;

(41) 36°26.00′ N. lat., 121°59.50′ W. long.;

(42) 36°22.00′ N. lat., 122°01.00′ W. long.;

(43) 36°19.00′ N. lat., 122°05.00′ W. long.;

(44) 36°14.00′ N. lat., 121°58.00′ W. long.;

(45) 36°10.61′ N. lat., 121°44.51′ W. long.;

(46) 35°50.53′ N. lat., 121°29.93′ W. long.;

(47) 35°46.00′ N. lat., 121°28.00′ W. long.;

(48) 35°38.94′ N. lat., 121°23.16′ W. long.;

(49) 35°26.00′ N. lat., 121°08.00′ W. long.;

(50) 35°07.42′ N. lat., 120°57.08′ W. long.;

(51) 34°42.00′ N. lat., 120°54.00′ W. long.;

(52) 34°29.00′ N. lat., 120°44.00′ W. long.;

(53) 34°22.00′ N. lat., 120°32.00′ W. long.;

(54) 34°21.00′ N. lat., 120°21.00′ W. long.;

(55) 34°24.00′ N. lat., 120°15.00′ W. long.;

(56) 34°22.11′ N. lat., 119°56.63′ W. long.;

(57) 34°19.00′ N. lat., 119°48.00′ W. long.;

(58) 34°15.00′ N. lat., 119°48.00′ W. long.;

(59) 34°08.00′ N. lat., 119°37.00′ W. long.;

(60) 34°07.00′ N. lat., 120°11.00′ W. long.;

(61) 34°13.00′ N. lat., 120°30.00′ W. long.;

(62) 34°09.00′ N. lat., 120°38.00′ W. long.;

(63) 33°58.00′ N. lat., 120°29.00′ W. long.;

(64) 33°51.00′ N. lat., 120°09.00′ W. long.;

(65) 33°38.00′ N. lat., 119°58.00′ W. long.;

(66) 33°38.00′ N. lat., 119°50.00′ W. long.;

(67) 33°46.25′ N. lat., 119°49.32′ W. long.;

(68) 33°53.82′ N. lat., 119°53.42′ W. long.;

(69) 33°59.00′ N. lat., 119°21.00′ W. long.;

(70) 34°02.00′ N. lat., 119°13.00′ W. long.;

(71) 34°01.52′ N. lat., 119°04.50′ W. long.;

(72) 33°58.83′ N. lat., 119°03.76′ W. long.;

(73) 33°56.55′ N. lat., 118°40.50′ W. long.;

(74) 33°51.00′ N. lat., 118°38.00′ W. long.;

(75) 33°39.63′ N. lat., 118°18.75′ W. long.;

(76) 33°35.44′ N. lat., 118°17.57′ W. long.;

(77) 33°31.98′ N. lat., 118°12.59′ W. long.;

(78) 33°33.25′ N. lat., 117°54.15′ W. long.;

(79) 33°31.43′ N. lat., 117°49.84′ W. long.;

(80) 33°16.53′ N. lat., 117°36.13′ W. long.;

(81) 33°06.51′ N. lat., 117°24.11′ W. long.;

(82) 32°54.11′ N. lat., 117°21.45′ W. long.;

(83) 32°46.15′ N. lat., 117°24.26′ W. long.;

(84) 32°41.97′ N. lat., 117°22.10′ W. long.;

(85) 32°39.00′ N. lat., 117°28.13′ W. long.; and

(86) 32°34.84′ N. lat., 117°24.62′ W. long.

(x) The 150 fm (274 m) depth contour used around islands/seamounts off the state of California is defined by straight lines around each island/seamount connecting all of the following points in the order stated:

(A) San Nicholas Island

(1) 33°32.73′ N. lat., 119°47.00′ W. long.;

(2) 33°14.00′ N. lat., 119°15.00′ W. long.;

(3) 33°12.00′ N. lat., 119°18.00′ W. long.;

(4) 33°11.00′ N. lat., 119°26.00′ W. long.;

(5) 33°13.13′ N. lat., 119°43.19′ W. long.;

(6) 33°13.11′ N. lat., 119°53.05′ W. long.;

(7) 33°30.00′ N. lat., 119°52.00′ W. long.; and

(8) 33°32.73′ N. lat., 119°47.00′ W. long.

(B) Santa Catalina Island

(1) 33°19.00′ N. lat., 118°15.00′ W. long.;

(2) 33°26.00′ N. lat., 118°22.00′ W. long.;

(3) 33°28.00′ N. lat., 118°28.00′ W. long.;

(4) 33°30.00′ N. lat., 118°31.00′ W. long.;

(5) 33°31.00′ N. lat., 118°37.00′ W. long.;

(6) 33°29.00′ N. lat., 118°41.00′ W. long.;

(7) 33°23.00′ N. lat., 118°31.00′ W. long.;

(8) 33°21.00′ N. lat., 118°33.00′ W. long.;

(9) 33°18.00′ N. lat., 118°28.00′ W. long.;

(10) 33°16.00′ N. lat., 118°13.00′ W. long.; and

(11) 33°19.00′ N. lat., 118°15.00′ W. long.

(C) San Clemente Island

(1) 32°48.50′ N. lat., 118°18.34′ W. long.;

(2) 32°56.00′ N. lat., 118°29.00′ W. long.;

(3) 33°03.00′ N. lat., 118°34.00′ W. long.;

(4) 33°05.00′ N. lat., 118°38.00′ W. long.;

(5) 33°03.00′ N. lat., 118°40.00′ W. long.;

(6) 32°48.00′ N. lat., 118°31.00′ W. long.;

(7) 32°43.00′ N. lat., 118°24.00′ W. long.; and

(8) 32°48.50′ N. lat., 118°18.34′ W. long.

(D) Santa Barbara Island

(1) 33°36.06′ N. lat., 118°57.15′ W. long.;

(2) 33°20.64′ N. lat., 118°59.39′ W. long.;

(3) 33°23.00′ N. lat., 119°07.00′ W. long.;

(4) 33°43.00′ N. lat., 119°14.00′ W. long.;

(5) 33°46.00′ N. lat., 119°12.00′ W. long.; and

(6) 33°36.06′ N. lat., 118°57.15′ W. long.

(E) Orange County Seamount

(1) 33°25.00′ N. lat., 118°01.00′ W. long.;

(2) 33°25.00′ N. lat., 117°58.00′ W. long.;

(3) 33°23.00′ N. lat., 117°58.00′ W. long.;

(4) 33°23.00′ N. lat., 118°01.00′ W. long.; and

(5) 33°25.00′ N. lat., 118°01.00′ W. long.

(xi) The 50 fm (91 m) depth contour off Oregon state which may be used for inseason management in 2003 is defined by straight lines connecting all of the following points in the order stated:

(1) 46°16.00′ N. lat., 124°17.33′ W. long.;

(2) 45°50.88′ N. lat., 124°09.68′ W. long.;

(3) 45°12.99′ N. lat., 124°06.71′ W. long.;

(4) 44°52.48′ N. lat., 124°11.22′ W. long.;

(5) 44°42.41′ N. lat., 124°19.70′ W. long.;

(6) 44°38.80′ N. lat., 124°26.58′ W. long.;

(7) 44°24.99′ N. lat., 124°31.22′ W. long.;

(8) 44°18.11′ N. lat., 124°43.74′ W. long.;

(9) 44°15.23′ N. lat., 124°40.47′ W. long.;

(10) 44°18.80′ N. lat., 124°35.48′ W. long.;

(11) 44°19.62′ N. lat., 124°27.18′ W. long.;

(12) 43°56.65′ N. lat., 124°16.86′ W. long.;

(13) 43°34.95′ N. lat., 124°17.47′ W. long.;

(14) 43°12.60′ N. lat., 124°35.80′ W. long.;

(15) 43°08.96′ N. lat., 124°33.77′ W. long.;

(16) 42°59.66′ N. lat., 124°34.79′ W. long.;

(17) 42°54.29′ N. lat., 124°39.46′ W. long.;

(18) 42°46.50′ N. lat., 124°39.99′ W. long.;

(19) 42°41.00′ N. lat., 124°34.92′ W. long.;

(20) 42°36.29′ N. lat., 124°34.70′ W. long.;

(21) 42°28.36′ N. lat., 124°37.90′ W. long.;

(22) 42°25.53′ N. lat., 124°37.68′ W. long.;

(23) 42°18.64′ N. lat., 124°29.47′ W. long.;

(24) 42°12.95′ N. lat., 124°27.34′ W. long.;

(25) 42°03.04′ N. lat., 124°25.81′ W. long.; and

(26) 42°00.00′ N. lat., 124°26.21′ W. long.

(xii) The 150 fm (274 m) depth contour between 46°16′ N. lat. and 38° N. lat. which may be used for inseason management in 2003 is defined by straight lines connecting all of the following points in the order stated:

(1) 46°16.00′ N. lat., 124°26.15′ W. long.;

(2) 46°13.38′ N. lat., 124°31.36′ W. long.;

(3) 46°12.09′ N. lat., 124°38.39′ W. long.;

(4) 46°09.46′ N. lat., 124°40.64′ W. long.;

(5) 46°07.30′ N. lat., 124°40.68′ W. long.;

(6) 46°02.76′ N. lat., 124°44.01′ W. long.;

(7) 46°02.64′ N. lat., 124°47.96′ W. long.;

(8) 46°01.22′ N. lat., 124°43.47′ W. long.;

(9) 45°51.81′ N. lat., 124°42.89′ W. long.;

(10) 45°45.95′ N. lat., 124°40.72′ W. long.;

(11) 45°44.11′ N. lat., 124°43.09′ W. long.;

(12) 45°34.50′ N. lat., 124°30.27′ W. long.;

(13) 45°21.10′ N. lat., 124°23.11′ W. long.;

(14) 45°09.69′ N. lat., 124°20.45′ W. long.;

(15) 44°56.25′ N. lat., 124°27.03′ W. long.;

(16) 44°44.47′ N. lat., 124°37.85′ W. long.;

(17) 44°31.81′ N. lat., 124°39.60′ W. long.;

(18) 44°31.48′ N. lat., 124°43.30′ W. long.;

(19) 44°19.70′ N. lat., 124°50.88′ W. long.;

(20) 44°12.04′ N. lat., 124°58.16′ W. long.;

(21) 44°07.38′ N. lat., 124°57.87′ W. long.;

(22) 43°57.06′ N. lat., 124°57.20′ W. long.;

(23) 43°52.52′ N. lat., 124°49.00′ W. long.;

(24) 43°51.56′ N. lat., 124°37.49′ W. long.;

(25) 43°47.83′ N. lat., 124°36.43′ W. long.;

(26) 43°31.79′ N. lat., 124°36.80′ W. long.;

(27) 43°30.78′ N. lat., 124°38.19′ W. long.;

(28) 43°29.34′ N. lat., 124°36.77′ W. long.;

(29) 43°26.46′ N. lat., 124°40.02′ W. long.;

(30) 43°16.15′ N. lat., 124°44.37′ W. long.;

(31) 43°09.33′ N. lat., 124°45.35′ W. long.;

(32) 43°08.85′ N. lat., 124°48.92′ W. long.;

(33) 43°03.23′ N. lat., 124°52.41′ W. long.;

(34) 43°00.25′ N. lat., 124°51.93′ W. long.;

(35) 42°56.62′ N. lat., 124°53.93′ W. long.;

(36) 42°54.84′ N. lat., 124°54.01′ W. long.;

(37) 42°52.31′ N. lat., 124°50.76′ W. long.;

(38) 42°47.78′ N. lat., 124°47.27′ W. long.;

(39) 42°46.32′ N. lat., 124°43.59′ W. long.;

(40) 42°41.63′ N. lat., 124°44.07′ W. long.;

(41) 42°38.83′ N. lat., 124°42.77′ W. long.;

(42) 42°35.37′ N. lat., 124°43.22′ W. long.;

(43) 42°32.78′ N. lat., 124°44.68′ W. long.;

(44) 42°32.19′ N. lat., 124°42.40′ W. long.;

(45) 42°30.28′ N. lat., 124°44.30′ W. long.;

(46) 42°28.16′ N. lat., 124°48.38′ W. long.;

(47) 42°18.34′ N. lat., 124°38.77′ W. long.;

(48) 42°13.65′ N. lat., 124°36.82′ W. long.;

(49) 42°00.15′ N. lat., 124°35.81′ W. lo

This text is long and has been trimmed here. Open the source document for the complete record.