Foreign Fishing; Pacific Coast Groundfish Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 663

[Docket No. 931249-3349; ID. # 121693B]

Foreign Fishing; Pacific Coast Groundfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic

Atmospheric Administration (NOAA), Commerce.

ACTION: 1994 groundfish fishery specifications and management measures;

request for comments.

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SUMMARY: NMFS announces the 1994 fishery specifications and management

measures for groundfish taken in the U.S. exclusive economic zone and

state waters off the coasts of Washington, Oregon, and California as

authorized by the Pacific Coast Groundfish Fishery Management Plan

(FMP). The specifications include the level of the acceptable

biological catch (ABC) and harvest guidelines including the

distribution between domestic and foreign fishing operations. The

management measures for 1994 are designed to keep landings within the

harvest guidelines, for those species for which there are harvest

guidelines and to achieve the goals and objectives of the FMP and its

implementing regulations. The intended effect of these actions is to

establish allowable harvest levels of Pacific coast groundfish and to

implement management measures designed to achieve but not exceed those

harvest levels while extending fishing and processing opportunities as

long as possible during the year.

DATES: Effective January 1, 1994, until modified, superseded, or

rescinded. Comments will be accepted until February 7, 1994.

ADDRESSES: Comments on these specifications should be sent to Mr. J.

Gary Smith, Acting Director, Northwest Region, National Marine

Fisheries Service, 7600 Sand Point Way NE., BIN C15700, Bldg. 1,

Seattle, WA 98115-0070; or Dr. Gary Matlock, Acting Director, Southwest

Region, National Marine Fisheries Service, 501 West Ocean Blvd., suite

4200, Long Beach, California 90802-4213. Information relevant to these

specifications and management measures has been compiled in aggregate

form and is available for public review during business hours at the

office of the Director, Northwest Region NMFS (Regional Director), or

may be obtained from the Pacific Fishery Management Council (Council),

by writing Pacific Fishery Management Council, Metro Center, suite 420,

2000 SW. First Avenue, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson (Northwest Region, NMFS) 206-526-6140; or Rodney R.

McInnis (Southwest Region, NMFS) 310-980-4040.

SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications

for groundfish be evaluated each calendar year, that harvest guidelines

or quotas be specified for species or species groups in need of

additional protection, and that management measures designed to achieve

the harvest guidelines or quotas be published in the Federal Register

and implemented by January 1, the beginning of the next fishing year.

These final fishery specifications and management measures have

been recommended by the Council and approved by the Secretary of

Commerce (Secretary) for implementation on January 1, 1994. The ABCs

and harvest guidelines announced herein are the basis for the

management measures recommended for 1994, and may be modified during

the year as provided in the FMP. Unless otherwise specified, all of the

management measures announced in this notice are considered

``routine,'' and have been so designated at 50 CFR 663.23. The

exception is trip limits in the open-access fisheries for groundfish

caught incidentally in nongroundfish gear (such as trawl gear used to

fish for pink shrimp, spot or ridgeback prawns, California halibut, or

sea cucumbers). These trip limits will be designated ``routine'' in a

separate Federal Register notice so that they may be adjusted as

necessary.

The FMP provides for announcement of the final fishery

specifications in the Federal Register after consideration at two

Council meetings. The process for adopting ABCs and harvest guidelines

for 1994 was initiated early in 1993 so that preliminary specifications

could be adopted by the Council at its September 1993 meeting. New

stock assessments, the basis for changes to the 1993 ABCs, were

distributed to the public prior to the September Council meeting. The

Council's scientific and industry advisory committees and the public

reviewed and commented on the documents. After receiving comments, the

Council adopted preliminary ABCs and harvest guidelines at its

September meeting, which were subsequently made available to the

public. Comments were requested before and at the November Council

meeting. The final recommendations of harvest specifications and

management measures designed to achieve those specifications, adopted

at the November Council meeting, were forwarded to the Secretary for

implementation by January 1, 1994.

I. Final Specifications: ABCs and Harvest Guidelines, or;

Apportionments to Foreign and Joint Venture Fisheries; Open-Access and

Limited-Entry Allocations

The fishery specifications include ABCs, the designation of harvest

guidelines or quotas for species that need individual management, the

apportionment of the harvest guidelines or quotas between domestic and

foreign fisheries, and subsequent allocation between the open-access

and limited-entry segments of the fishery.

The final 1994 specifications (except for DAP, DAH, JVP, and TALFF)

are listed in Table 1, followed by a discussion of each specification

that differs from 1993 levels. As in the past, these specifications

include fish caught in state ocean waters (0-3 nautical miles offshore)

as well as fish caught in the exclusive economic zone (EEZ) (3-200

nautical miles offshore).

BILLING CODE 3510-22-M

TR06JA94.011

TR06JA94.012

BILLING CODE 3510-22-C

Footnotes Are for Table 1

___________

aThe acceptable biological catch (ABC) for sablefish, widow

rockfish, and bocaccio is calculated after regulation-induced

discard has been deducted, and therefor applies to landed catch

(including observed incidental catch in the whiting fishery).

bU.S. portion.

cThese species are not common nor important in the areas

footnoted. Accordingly, for convenience, Pacific cod is included in

the ``other fish'' category for the areas footnoted, and rockfish

species are included in the ``remaining rockfish'' category for the

areas footnoted only.

dCoastwide ABC including Canadian waters. The U.S. harvest

guideline is 80 percent of the U.S./Canada ABC.

eDover sole, thornyheads, and trawl-caught sablefish are

managed together as the ``DTS complex'' (formerly called the

deepwater complex). There is no harvest guideline for the DTS

complex.

fAll subareas except Conception, which does not have a harvest

guideline. The sablefish trawl and nontrawl allocations also are

harvest guidelines. (See the section on trawl and nontrawl

sablefish management for 1994).

gOpen access and limited entry allocation percentages for

sablefish north of the Conception subarea are applied to only to

the nontreaty fishery which is 6,700 mt in 1994. (7,000 mt harvest

guideline minus 300 mt for the treaty Indian fishery).

hOnly jack mackerel caught north of 39 deg.00' N. latitude are

governed by the FMP. The ABC and harvest guideline also include

area beyond 200 nm.

iHarvest guidelines for commercial harvests of all species of

rockfish by members of the Makah, Quileute, Hoh, and Quinault

Indian tribes are established as follows: 51,000 pounds (23.1 mt)

for the area between the U.S.-Canada border and Cape Alava

(48 deg.09'30'' N. latitude); and 10,000 pounds (4.5 mt) for the

area between Destruction Island (47 deg.40'00'' N. latitude) and

Leadbetter Point (46 deg.38'10 N. latitude).

jThe POP harvest guideline applies to the Vancouver/Columbia

subareas combined. A discard factor of 16 percent was deducted from

the 1993 harvest guideline to determine the 1994 harvest guideline.

kThe thornyhead harvest guideline includes both species in the

Monterey, Eureka, and Columbia subareas. The 1994 harvest guideline

is derived by subtracting a discard factor (8 percent) from the

1993 harvest guideline.

lThe Sebastes-North harvest guideline applies to the Vancouver

and Columbia subareas and equals the sum of the ABCs in those

areas: canary (2,300 mt), yellowtail rockfish (6,740 mt minus 300

mt), and remaining rockfish (7,000 mt). The Vancouver/Columbia

portion for yellowtail rockfish is derived by subtracting a 300 mt

estimate for the Eureka subarea ABC from the total ABC for the

Vancouver/Columbia/Eureka areas.

mThe Sebastes-South harvest guideline is the sum of the ABCs

for the species in the Eureka/Monterey/Conception subareas:

bocaccio (1,540 mt), canary (600 mt), chilipepper (4,000 mt),

yellowtail rockfish (300 mt), and remaining rockfish (7,000 mt).

nThe bocaccio harvest guideline applies to the Eureka,

Monterey, and Conception subareas.

oThe open access and limited entry allocation percentages for

bocaccio are applied only to the commercial portion of the harvest

guideline, which is 1,340 mt in 1994. (The 1,540 mt harvest

guideline minus 200 mt estimated harvest by the recreational

fishery).

pThe yellowtail rockfish assessment addresses three separate

areas: Vancouver, Columbia north of Cape Lookout, and Columbia

south of Cape Lookout plus Eureka. For this table, the Columbia ABC

means north Columbia only, and the Eureka ABC means Eureka plus

south Columbia. The total ABC for yellowtail rockfish is divided

into two harvest guidelines: 4,160 mt for the northern area

(Vancouver plus Columbia north of Cape Lookout) and 2,580 mt for

the southern area (Eureka plus Columbia area south of Cape

Lookout). (Separate harvest guidelines are established for the

Sebastes complex north and south of the Eureka-Columbia border.

Therefore, 300 mt of the yellowtail rockfish southern harvest

guideline is included in the southern Sebastes complex harvest

guideline, and the remainder of the yellowtail rockfish southern

harvest guideline is included in the northern Sebastes complex

harvest guideline.) A 16 percent discard factor will be added to

certain landings of yellowtail rockfish inseason. This will affect

inseason landings estimates for the Sebastes complex also.

qThe 16,900 mt harvest guideline applies coastwide, and

includes a 5,000 mt harvest guideline for the Columbia subarea. The

Columbia subarea harvest guideline is higher than its ABC, and is

intended to be reduced to ABC (4,000 mt) in 1995.

rIncludes sharks, skates, rays, ratfish, morids, grenadiers

and other groundfish species noted above in footnote c.

Changes to the ABCs and Harvest Guidelines

The 1994 final ABCs are changed from the 1993 levels for the

following species: Pacific whiting, shortbelly rockfish, widow

rockfish, chilipepper, yellowtail rockfish, remaining rockfish, English

sole, and petrale sole. These changes are based on the best available

scientific information. Information considered in determining the ABCs

is available from the Council (See ADDRESSES) and was distributed to

the public in the Council's stock assessment and fishery evaluation

(SAFE) document. The SAFE document, required under the guidelines for

Fishery Management Plans at 50 CFR part 602, summarizes the best

available scientific information concerning the past, present, and

possible future condition of the stocks and fisheries being managed

under Federal regulation.

Those species or species groups with harvest guidelines in 1993

will continue to be managed with harvest guidelines in 1994. As in

1993, no quotas are established. The harvest guidelines are changed

from those for 1993 for Pacific whiting, jack mackerel, Pacific ocean

perch (POP), shortbelly rockfish, widow rockfish, thornyheads,

yellowtail rockfish, the Sebastes complex in the Vancouver/Columbia

subareas, Dover sole in the Columbia subarea and coastwide, and new

harvest guidelines are established for lingcod coastwide and the

Sebastes complex in the Eureka, Monterey, and Conception subareas.

The changes to the ABCs and harvest guidelines are described below.

All other ABC and annual harvest guideline specifications announced in

Tables 1 and 2 for 1993 (58 FR 2990, January 7, 1993) will apply again

in 1994 and are included in Table 1.

Lingcod. The ABC for lingcod remains at 7,000 mt, but a new harvest

guideline is established at 4,000 mt in 1994, approximating peak

landings during the past 10 years. Landings ranged between 3,000 and

3,500 mt in 1989-1991. The ABC is based on historical landings rather

than a scientific stock assessment, and has not been updated since

1986. A stock assessment for lingcod is planned for the near future.

The Council was concerned that the new open-access fishery would expand

its lingcod harvest. In order to discourage expansion pending

completion of the new stock assessment, a harvest guideline was

designated. Based on the harvest guideline, open-access and limited-

entry allocations are being specified. If effort shifts into this

fishery, trip limits may be imposed to keep landings within the

allocations and/or harvest guidelines.

Pacific whiting. The ABC for Pacific whiting in 1994 (325,000 mt

for the United States (U.S.) and Canada combined) is substantially

higher than in 1993 (177,000 mt) for several reasons. The 1992

hydroacoustic survey utilized new, more sensitive equipment, and

extended further offshore and further north to better encompass the

range of pacific whiting. As a result, the biomass estimate was more

than double the previous estimate. In recent years, the Council has

adopted a hybrid fishing strategy that combines the features of a

constant fishing mortality (F) strategy at higher levels of biomass,

and, at lower levels of biomass, a variable F strategy where fishing

mortality for a particular year in proportional to the level of female

spawning biomass. If this moderate harvest policy is applied to the new

projected numbers in 1994, the potential yield would be 450,000 mt.

However, the Council recommended a more conservative harvest rate for

1994, which provides a yield of 325,000 mt, to provide for cautious

exploitation until further information can be obtained; the large

increase in projected yield is due to a single survey estimate that

will not be replicated until 1995. In addition, the Council felt it

prudent to acknowledge the possibility of a combined U.S. and Canadian

harvest in excess of the U.S.-Canada ABC as occurred in 1992 and 1993.

These overages (15 percent in 1993) have not caused a biological

problem, particularly given the large increase in the ABC in 1994. The

Council recommended that the U.S. share in 1994 continue at 80 percent

of the U.S.-Canada ABC, as was the case in 1993, providing a U.S.

harvest guideline of 260,000 mt. If Canada continues to calculate its

share in the same manner as in 1992 and 1993, the U.S. and Canadian

total harvest would be 14 percent above the coastwide ABC in 1994.

However, the total harvest would be lower than the overfishing level,

and lower than the amount that would have been taken if the Council had

chosen to use the moderate harvest rate level, as in 1993, in

determining the ABC. If recruitment remains near the median level, a

decline in annual yield is expected over the next few years, and will

be slightly more severe if the catch exceeds the harvest guideline.

Bilateral negotiations with Canada are expected to continue to resolve

this issue.

Jack mackerel. The ABC is maintained at 52,600 mt, the same level

as in 1993, and the harvest guideline is adjusted upward to equal the

ABC. In 1992, the harvest guideline has been set at 46,500 mt, lower

than the ABC, to deduct the amount of jack mackerel that was expected

to be taken beyond 200 nautical miles (nm). However, the fishery did

not materialize and the Council recommended setting the harvest

guideline equal to ABC in 1993. This change inadvertently was not

announced with the 1993 specifications in the Federal Register, so the

correction is made for 1994.

Chilipepper rockfish. In 1993, the coastwide ABC was set at 3,600

mt with nearly all the catch coming from the Eureka, Monterey, and

Conception subareas. The catch in 1992 was about 2,895 mt; 1993

landings data are not yet available for this species. A new assessment

indicates that the ABC could be higher, up to 5,000 mt, due to a very

strong 1984 year class, and that the stock is at a level above that

expected under the recommended level of exploitation. However, the

Council recommended a lower ABC of 4,000 mt for 1994, higher than the

expected 1993 catch, but less than the maximum amount suggested by the

assessment and close to the long-term average yield. Although a higher

ABC appears supportable from the assessment, it is not recommended

because bocaccio, which is at a low stock level and has an ABC of 1,540

mt and 1993 landings near that level, are unavoidably caught with

chilipepper. There is no harvest guideline at this time for chilipepper

rockfish.

Pacific ocean perch (POP). Based on the 1992 stock assessment, the

ABC for POP remains at zero. A rebuilding program was established for

POP in 1981, following depletion of this stock during the 1960's and

early 1970's. Significant rebuilding has not been detected. The stock

abundance is estimated to be about 50 percent of its target level and

recent harvests of about 1,000 mt are near the level of overfishing. If

the stock recovers to its target level, then annual yields of about

1,400 mt may be possible. Strong year classes which are necessary to

rebuild the stock occur infrequently, so the lack of rebuilding is not

unexpected. The harvest guideline continues to be set at the level that

accommodates the incidental catch of POP caught while fishing for other

species. The reduction of the harvest guideline from 1,550 mt in 1993

to 1,300 mt in 1994 results from converting the harvest guideline from

an estimate of total catch (retention plus discards) to an estimate of

landed catch (retention only). The harvest guideline of 1,550 mt in

1993 applied to the total catch, 1,300 mt for landed catch and a 250-mt

(16 percent) estimate of trip-limit induced discards. In 1994, the

harvest guideline represents only the landed catch, and therefore is

lowered to 1,300 mt.

For the last several years, the harvest guideline, in conjunction

with a very small trip limit, was necessary to accommodate only

incidental catches of POP which otherwise would have been discarded.

The trip limit will not be relaxed to achieve the harvest guideline,

but may be changed to reflect revised estimates of bycatch levels. The

catch in 1993 is projected to be about 1,447 mt, 93 percent of the

harvest guideline. The 1994 harvest guideline is consistent with the

Council's policy to allow for incidental catches during the 20-year

rebuilding schedule for POP.

Shortbelly rockfish. Shortbelly rockfish remains an unexploited

stock and thus is difficult to assess quantitatively. In recent years,

the ABC has been maintained at 13,000 mt until further data can be

collected. However, the midpoint of the range of recently revised yield

estimates is 23,500 mt. The Council agreed that this represents the

best available scientific information and recommended that the harvest

guideline be set equal to the ABC. To date, a fishery for this species

has not developed. Less than 10 mt were taken in 1992 and similar

landings have occurred in 1993.

Widow rockfish. A new assessment was conducted for widow rockfish

which explored the consequences of near-term landings between 5,000-

7,000 mt. If recent recruitment remains near the average, then stock

abundance is expected to remain nearly constant with annual landings of

7,000 mt (which would, including discards, indicate a total harvest of

8,150 mt) in 1994-1996. With annual harvest at 6,500 mt, stock

abundance would be expected to increase slightly towards its target

level. However, the assessment also provides a plausible alternative,

based on lower stock abundance and recent recruitment at a lower,

median level, which would support landings of only 5,000 mt during

1994-1996. Given this uncertainty, the ABC and HG are both set at 6,500

mt for 1994.

Thornyheads. The ABCs for shortspine and longspine thornyheads are

the same as in 1993. The two species of thornyhead cannot be

practically separated in the landings, so, as in 1993, the 1994 harvest

guideline is set for the combined species. However, like POP, the

harvest guideline is adjusted so that it applies only to landed catch

in 1994. Under the assumption that equal amounts of each species will

be in the catch, the harvest guideline is set at 6,440 mt for both

species combined (the 1993 harvest guideline of 7,000 mt, which

represented the total catch, minus 8 percent for trip limit induced

discards). This would result in a shortspine thornyhead catch equal to

its overfishing level of 3,500 mt and a longspine catch that is less

than its ABC of 10,100 mt. However, the percentage of shortspine

thornyheads in 1991 and 1992 has been lower than 50 percent, and

therefore the catches in these years have been below the overfishing

level. During the first half of 1993, shortspine contributed only 35

percent of the thornyhead landings. If the percentage shortspine in

1994 remains at this reduced level as expected, the 1994 catch would be

2,450 mt, well below the overfishing level.

Yellowtail rockfish. A new stock assessment was conducted which

indicates that 1983 and 1984 were stronger year classes than previously

thought. The ABCs which were applied to the Vancouver, Columbia, and

Eureka subareas separately in the past, are applied to different

subareas in 1994, coinciding with the subareas used in the new stock

assessment. These areas are: The Eureka subarea combined with the

Columbia subarea south of Cape Falcon (40 deg.30' to 45 deg.46' N.

latitude); the Columbia subarea north of Cape Falcon (45 deg.46' to

47 deg.30' N. latitude); and the Vancouver subarea between 47 deg.30'

and 49 deg.00' N. latitude which includes Canadian waters.

In the north Columbia subarea, the assessment indicates a stock

that is slowly declining, and further declines are expected as the

1983-1984 year class moves through the stock. The 1994 4,160 mt ABC in

this area is higher than the 1992 catch and similar to average catches

between 1986-1989. In the Vancouver subarea, which extends into

Canadian waters, there are contrary indicators of stock condition.

Trawl survey data indicate a stable healthy stock from 1980-1992,

whereas age composition data do not indicate a particularly strong

1983-1984 year class and implies a steeply declining stock. Therefore

the ABC for the Vancouver subarea is more conservative, based on the

lower end of the optimistic scenario in the stock assessment, and the

U.S. portion is estimated at 60 percent, or 1,190 mt. In the southern

subareas (Eureka/south Columbia), the stock is believed to have

recently increased because of the strong 1983-1984 year classes, but

will experience a declining trend as the strong year classes are

exploited. In 1993, 300 mt of the ABC was set aside for the Eureka

subarea, and a harvest guideline, equal to the sum of the ABCs, was set

only for the U.S. Vancouver/Columbia subareas combined. In 1994,

however, two harvest guidelines are set for yellowtail rockfish,

dividing the U.S. Vancouver, Columbia, and Eureka subareas at Cape

Falcon, Oregon. The 4,160 mt harvest guideline in the northern subareas

(U.S. Vancouver/north Columbia) is the sum of the ABCs. In the southern

area (south Columbia/Eureka), the harvest guideline is set equal to the

ABC of 2,580 mt.

Remaining rockfish. Remaining rockfish in the Eureka, Monterey, and

Conception subareas includes all rockfish except POP, widow rockfish,

shortbelly rockfish, bocaccio and chilipepper rockfish. The ABCs for

remaining rockfish have been unchanged since 1983. The ABCs in the

Eureka, Monterey, and Conception subareas were set at 1.2 times the

1977 catch, for a total of 9,500 mt. During 1983-1992, the catch of

remaining rockfish in this area has ranged from 5,100 mt to 7,200 mt

with an average of 6,600 mt. Although annual catches never have

achieved the 9,500 mt ABC, an examination of declines in average length

for several rockfish species suggests that the fishery is having a

noticeable impact. Although there is insufficient information to

conduct a quantitative stock assessment for the remaining rockfish in

this southern area, an increase in effort in this area should not be

encouraged, and therefore the ABC is reduced to 7,000 mt, the upper

range of harvest in recent years.

Remaining rockfish in the Vancouver and Columbia subareas are

defined as all rockfish except POP, yellowtail rockfish, canary

rockfish, widow rockfish, and shortbelly rockfish. The ABC is not

changed in 1994.

Remaining rockfish are included in both the northern and southern

harvest guidelines for the Sebastes complex.

Sebastes complex. The Sebastes complex includes all rockfish except

widow, shortbelly, Pacific ocean perch, and thornyheads.

North: The harvest guideline for the Sebastes complex in the

Vancouver-Columbia area has been, and continues to be, the sum of the

ABCs of the species in that area, and therefore is 13,240 mt in 1994.

It is calculated by adding the ABCs for canary and remaining rockfish

in the Vancouver and Columbia subareas, and for yellowtail rockfish in

the Vancouver, Columbia and Eureka subareas and then subtracting 300

mt, an estimate of the yellowtail ABC in the Eureka subarea.

South: A harvest guideline of 13,440 mt is established for the

first time for the Sebastes complex in the Eureka, Monterey, and

Conception subareas, based on the sum of the ABCs of the species in

those subareas (bocaccio, chilipepper, yellowtail rockfish, and

remaining rockfish). The decline in average size of some the Sebastes

species in this southern area, particularly dark-blotched rockfish,

indicated a need to keep effort from expanding. Uncertainty generated

by the new limited-entry management regime in 1994 prompted the Council

to recommend a harvest guideline to better respond to effort shifts

during the season.

Dover sole. There is no change to any of the subarea or coastwide

ABCs for Dover sole. At its November 1992 meeting, to mitigate the

economic impact of abrupt reductions in ABC, the Council adopted a

policy to reduce the harvest (and therefore the harvest guideline) in

the Columbia subarea by 1,000 mt annually until the 4,000 mt ABC for

that subarea is reached in 1995. This is the second year of the step-

down, and therefore the harvest guideline in the Columbia subarea is

reduced from 6,000 mt in 1993 to 5,000 mt in 1994, 1,000 mt above the

1994 ABC. Consequently, the coastwide harvest guideline, which is the

sum of the subarea harvest guidelines, is 16,900 mt, 1,000 mt higher

than the sum of the ABCs. As stated at 58 FR 2994 (January 7, 1993),

the risk of overfishing Dover sole in the Columbia subarea is not

appreciably increased by setting the harvest guideline greater than the

ABC in 1993 and 1994. The Columbia subarea catch has declined from an

average of 7,970 mt in 1988-1991 to 5,665 mt in 1992, and landings are

expected to be about 5,800 mt in 1993.

English sole. The coastwide ABC of 1,900 mt in 1993 is changed to

two area ABCs in 1994: 2,000 mt for the Vancouver-Columbia area and

1,100 mt for the Eureka-Monterey-Conception area. A new stock

assessment was conducted only for the Vancouver-Columbia area. It

indicated high recruitment during 1977-1992. The large biomass,

combined with the early age at maturity which allows a high

exploitation rate, suggest that a ten-fold increase in short-term yield

may be possible in the Vancouver-Columbia area. However, catches have

averaged only about 2,100 mt between 1983-1991. The 1994 ABC is set

conservatively, at 2,000 mt in this area, approximately double the

coastwide average catch during 1983-1991. The southern area ABC is set

near the recent average catch because trawl surveys indicate little

trend in abundance. There is no harvest guideline for English sole.

Petrale sole. A new stock assessment for the Vancouver and Columbia

subareas was conducted which resulted in the ABC for the two subareas

being combined and lowered from 1,700 mt in 1993 to 1,200 mt in 1994.

The assessment indicates that the stock in this area is essentially at

the expected long-term average level of abundance, and recent yields

are slightly below the potential. In addition, the ABC is lowered to

exclude the portion that applied to Canadian waters that mistakenly was

included in the previous ABC. There is no harvest guideline for petrale

sole.

Setting Harvest Guidelines Greater Than ABC

In most cases, harvest guidelines equal the ABCs, or prorated ABCs,

for specific areas. However, for 1994 as in 1993, the Council

recommended harvest guidelines that exceed the ABCs for three species,

POP, Dover sole in the Columbia subarea, and shortspine thornyheads.

The FMP requires that the Council consider certain factors when setting

a harvest guideline above an ABC. These factors were analyzed by the

Council's Groundfish Management Team (GMT) and considered at the

Council's November 1993 meeting before recommending the 1994 harvest

guidelines. These factors also were considered in establishing the 20-

year rebuilding schedule for POP in the 1981 FMP, and in the most

recent stock assessments for POP and Dover sole in the Council's August

1992 SAFE document, which provided the basis for the 1993 and 1994

ABCs. A synopsis of these issues appears in the above discussion of

these species.

Overfishing. The FMP defines ``overfishing'' as a fishing mortality

rate that would, in the long-term, reduce the spawning biomass per

recruit below 20 percent of what it would have been if the stock had

never been exploited (unless the species is above the level that would

produce the maximum sustainable yield (MSY)). The rate is defined in

terms of the percentage of the stock removed per year. Therefore, a

large amount of catch can cause overfishing at any stock abundance

level. Conversely, overfishing does not necessarily occur for stocks at

low abundance levels if the catch can be kept to a sufficiently small

fraction of that stock level. The target rate of exploitation for west

coast groundfish typically is the rate that would reduce spawning

biomass per recruit to 35 percent of its unfished level. This desired

rate of fishing will always be less than the overfishing rate, so there

is a buffer between the management target and the level that could harm

the stock's long-term potential productivity. If the overfishing level

is reached, the Guidelines for Fishery Management Plans at 50 CFR part

602 require the Council to identify actions to be undertaken to

alleviate overfishing. POP is the only species believed to be near its

overfishing level in 1993, and no others are expected to be overfished

in 1994.

POP was depleted off Washington and Oregon mainly by foreign

fishing during the 1960's and early 1970's. In 1981, a rebuilding

program was established for POP in the Vancouver and Columbia subareas.

(POP are neither common nor important in the more southern areas). A

review in 1992 of fishery and survey data does not indicate any

significant rebuilding. The stock is estimated to be about 50 percent

of its MSY level and recent harvests are near the level of overfishing

(1,100 mt). The review also indicates that strong year classes, which

are necessary to rebuild the stock, occur infrequently so the lack of

rebuilding is not expected. The Council's GMT recognized that, as long

as trawling occurs in these areas, incidental catches of POP will

result. The GMT recommended that trip limits continue to be set to

discourage targeting on POP while allowing landings of incidental

catches.

It is not anticipated that lowering the level of the trip limit (or

the harvest guideline) will reduce the fishing mortality of POP. The

level of catch will vary with effort in the Vancouver-Columbia area,

and it is possible that the overfishing level will be reached, but not

substantially exceeded, in 1994. Under the same harvest guideline and

trip limit (3,000 pounds (1,361 kg) or 20 percent of all groundfish per

trip, whichever is less), the total landings were 1,378 mt in 1991,

1,023 mt in 1992, and are projected at 1,214 mt in 1993.

Discards. Stock assessments and inseason catch monitoring are

designed to account for all fishing mortality, including that resulting

from fish discarded at sea. Discards of rockfish and sablefish in the

fishery for whiting processed at sea are well-monitored and are

accounted for inseason as they occur. In the other fisheries, discards

caused by trip limits are not monitored, so discard factors have been

developed to reasonably account for this extra catch. These discard

factors are applied in several ways.

In some cases (trawl sablefish, widow rockfish, bocaccio, Dover

sole), the discard factor was used in the stock assessment and in the

setting of the ABC. Therefore the ABC and harvest guideline are defined

in terms of landed catch. No additional discard factor is applied to

inseason catch projections.

In other cases (yellowtail rockfish, POP, thornyheads), a discard

factor was not anticipated in the stock assessment leading to the

setting of the ABC because the assessment was conducted before the trip

limits became low enough to induce discards. For POP and thornyheads,

an estimate of discards caused by trip limits has been subtracted from

the ABC so that the harvest guideline represents only the landed catch.

For yellowtail rockfish, a variety of gears with different discard

levels contribute to the catch, so the harvest guideline is set equal

to ABC and landings are adjusted by a discard factor during the season

to estimate total removals.

The level of trip limit discard is not monitored. A level

previously measured for widow rockfish (16 percent) in a scientific

study is assumed to be appropriate for the commercial fisheries for

widow rockfish, yellowtail rockfish and POP. A lower level of 8 percent

is used for the deepwater thornyhead fishery.

Discarded bycatch in the Pacific whiting fishery always is counted

towards the harvest guideline inseason because this source of discard

is measured accurately by observers and is variable from year to year.

Foreign and domestic fisheries. For those species needing

individual management that will not be fully utilized by domestic

processors or harvesters, and that can be caught without severely

impacting species that are fully utilized by domestic processors or

harvesters, the harvest guidelines or quotas may be apportioned to

domestic annual harvest (DAH, which includes domestic annual processing

(DAP) and joint venture processing (JVP)) and the total allowable level

of foreign fishing (TALFF). In 1994, there are no surplus groundfish

available for joint venture or foreign fishing operations.

Consequently, all the harvest guidelines in 1994 are designated

entirely for DAP (which also equals DAH), and JVP and TALFF are set at

zero.

In the unlikely event that a foreign or joint venture fishery

should occur, the incidental catch levels would be the same as

announced at Table 2, footnote 1 of 58 FR 2990 (January 7, 1993).

The Limited-Entry Program--Effective January 1, 1994

Amendment 6 to the FMP establishes a limited-entry program which

divides the groundfish fishery into two components, the limited-entry

fishery and the open-access fishery, each of which has its own

allocations and management measures. The limited-entry and open-access

allocations are calculated according to a formula specified in the FMP

and implementing regulations, and are announced annually with the ABC

and harvest guideline specifications. At its November 1993 meeting, the

Council recommended the species and areas subject to open-access and

limited-entry allocations in 1994, and the Regional Director calculated

the amounts of the allocations which are presented in Table 1. Unless

otherwise specified, the limited-entry and open-access allocations are

treated as harvest guidelines in 1994.

Open-access allocations. The open-access fishery means the fishery

composed of vessels using (i) exempt gear, or (ii) longline or pot

(trap) gear used pursuant to the harvest guidelines, quotas, and other

management measures governing the open-access fishery. Exempt gear

means all types of fishing gear except groundfish trawl, longline, and

pots. (Exempt gear includes trawls used to harvest pink shrimp or spot

or ridgeback prawns (shrimp trawls), and, south of Point Arena,

California, California halibut, or sea cucumbers.) Simply put, open-

access gear is all types of fishing gear except longline, pot, or

groundfish trawl gear fished by a vessel that has a limited-entry

permit affixed with a gear endorsement for that gear.

The open-access allocation is derived by applying the open-access

allocation percentage to the annual harvest guideline or quota after

subtracting any set asides for recreational fishing or treaty Indians

under sections II.E. (b) and (c) of the Appendix to part 663. For those

species in which the open-access share would have been less than one

percent, no open-access allocation is specified for 1994 because

significant open-access effort is not anticipated. At the time the

calculations were made, the status of some vessels (whether or not they

would receive a limited-entry permit) was not certain. The catch by

these vessels was divided equally between the limited-entry and open-

access allocations. The highest ``undecided'' amount is 4.7 percent for

the catch of species used to represent bocaccio during the window

period. Therefore the greatest potential error in any of the open-

access or limited-entry allocations is less than 2.5 percent of the

harvest guideline. This level of error would not result in a change in

any of the trip limits for the limited-entry or open-access fisheries.

Limited-entry allocations. The limited-entry fishery means the

fishery composed of vessels using limited-entry gear fished pursuant to

the harvest guidelines, quotas, and other management measures governing

the limited-entry fishery. Limited-entry gear means longline, pot, or

groundfish trawl gear used under the authority of a valid limited-entry

permit, issued under 50 CFR part 663, affixed with an endorsement for

that gear. (Groundfish trawl gear excludes shrimp trawls used to

harvest pink shrimp, spot prawns, or ridgeback prawns, and other trawls

used to fish for California halibut or sea cucumbers south of Pt.

Arena, California.)

The limited-entry allocation is the allowable catch (harvest

guideline or quota) reduced by: (1) Set asides, if any, for treaty

Indian fisheries or recreational fisheries, and (2) the open-access

allocation.

II. 1994 Management Measures--Commercial Fishery

Most of the 1994 management measures announced in this notice have

been designated as ``routine'' under the procedures contained in

Amendment 4 to the FMP (56 FR 736, January 8, 1991). The ``routine''

designation means that a measure is likely to need adjustment on an

annual or more frequent basis, and that it may be implemented and

adjusted for a specified species or species group and gear type after

consideration at a single Council meeting. However, the effects of the

particularly measure must have been analyzed previously, the purpose of

the measure must be the same as when it was designated as routine, and

the measure must be announced in the Federal Register.

Those management measures not yet designated as routine apply to

the harvest of groundfish taken incidentally in non-groundfish

fisheries (in the open-access fishery) for pink shrimp, spot and

ridgeback prawns, California halibut, and sea cucumbers. These

fisheries must be managed under ``routine'' trip limits to assure that

open-access allocations are not exceeded. The trip limits for pink

shrimp, and spot and ridgeback prawns previously were codified at 50

CFR 663.24; those for California halibut and sea cucumbers are

announced herein for the first time. In the future, the Council also

may recommend designating trip limits for lingcod as routine, so that

they may be adjusted in season to achieve its harvest guideline which

was specified for the first time in 1994.

Limited-entry fishery. The following management measures apply to

vessels operating in the limited-entry fishery after January 1, 1994,

and are designed to keep landings within the harvest guidelines or

limited-entry allocations.

The Sebastes complex (including yellowtail rockfish and Bocaccio).

Beginning January 1, 1993, the cumulative trip limit for the Sebastes

complex coastwide was 50,000 pounds (22,680 kg) in a 2-week period, of

which no more than 10,000 pounds (4,536 kg) could be bocaccio taken

south of Cape Mendocino, or 8,000 pounds (3,629 kg) could be yellowtail

rockfish caught north of Coos Bay, Oregon. The Sebastes complex trip

limit remained the same all year, but the trip limit for yellowtail

rockfish was lowered to 6,000 pounds (2,722 kg) in late April, and the

bacaccio trip limit was increased to 15,000 pounds (6,804 kg) in early

October. By the end of 1993, landings of bocaccio are yellowtail

rockfish and the Sebastes complex catches are expected to exceed their

harvest guideline in the Vancouver/Columbia subareas by as much as 27

percent and 18 percent, respectively. The Council did not recommend

further reductions in the trip limit for yellowtail rockfish in 1993

because the ABC and harvest guideline for this species were expected to

increase substantially in 1994, and the overage in 1993 is not expected

to reduce future productivity. The Sebastes complex harvest guideline

was exceeded entirely due to the overage in the yellowtail rockfish

landings, so the trip limit for the complex was not reduced for the

same reasons as for yellowtail rockfish.

In 1994, the cumulative trip limit period for the Sebastes complex

(including yellowtail rockfish and bocaccio) is extended from 2 weeks

to a calendar month, consistent with the period for widow rockfish and

the Dover sole/thornyhead/sablefish complex. However, the trip limit is

not simply doubled because experience has shown that the opportunity

for landings, and thus catch rates, increase as the trip limit period

is lengthened. Consequently, the coastwide trip limit for the Sebastes

complex is increased to only 80,000 pounds (36,290 kg) per calendar

month in 1994. Analysis of 1993 Washington and Oregon landings

accumulated by 4-week periods indicated that this trip limit will not

be severely constraining because few cumulative Sebastes trips exceeded

80,000 pounds (36,290 kg) in 1993.

In addition, the management line for yellowtail rockfish is moved

north to Cape Lookout, Oregon (45 deg.20'15'' N. latitude), to better

define the areas where this species is concentrated. The cumulative

trip limit for yellowtail rockfish north of Cape Lookout is set at

14,000 pounds (6,350 kg) per month, intermediate to the 1993 levels

(6,000 pounds (2,722 kg) and 8,000 pounds (3,629 kg) per 2-week

periods), because landings in 1993 are believed to have been similar to

the 1994 harvest guideline for the same area. To keep landings from

accelerating south of the line, as occurred in 1992, a trip limit of

30,000 pounds (13,608 kg) per month is established for yellowtail

rockfish caught south of Cape Lookout.

Because landings of bocaccio did not reach the 1993 harvest

guideline, the trip limit is almost doubled to 30,000 pounds (13,608

kg) per month.

The 1993 restrictions limited a vessel to the northern, more

restrictive trip limit for yellowtail rockfish if operating on both

sides of the line at Coos Bay. This was a problem for vessels that took

the yellowtail rockfish limit south of Coos Bay at the beginning of the

month, and then fished north of the line for the DTS complex because

yellowtail rockfish is commonly taken as bycatch. The yellowtail

rockfish would either need to be discarded or the vessel would be in

violation of the more restrictive northern limit. The same problem

would exist north and south of Cape Lookout in 1994. Consequently, the

Council endorsed a declaration procedure by the States of Oregon and

Washington that would allow a fisherman to operate both north and south

of Cape Lookout during a month and retain up to the southern limit of

yellowtail rockfish, if the State is notified in advance where the

vessel will be operating on each trip that crosses the line during that

month. These declarations, which are binding for the trip, are similar,

but not identical, to those used in the past. The State where the fish

will be landed (Oregon or Washington) should be contacted for more

complete information on these procedures, which may differ between the

two States. The phone numbers of the State agencies appear in Section

III.C.

Widow rockfish. The 1993 cumulative trip limit for widow rockfish

initially was set at 30,000 pounds (13,608 kg) per 4-week period, but

was reduced to 3,000 pounds (1,361 kg) per trip on December 1, 1993.

Landings of widow rockfish are projected to exceed the harvest

guideline by as much as 12 percent in 1993. For 1994, the trip limit is

again initially set at 30,000 pounds (13,608 kg), but the period is

slightly extended from 4-weeks to a calendar month. Reducing the number

of trip limit periods from 13 4-week periods (of 28 days) to 12

calendar months (of 30-31 days) is intended to reduce landings from

1993 levels and avoid the need for further trip limit reductions before

the fall of 1994.

POP. The 1994 trip limit for POP is the same as in 1991-1993: 3,000

pounds (1,361 kg) or 20 percent of all fish on board, whichever is

less, in landings of POP above 1,000 pounds (454 kg). This is not a

cumulative limit because it is intended to accommodate only incidental

catches. It therefore applies to each fishing trip. Because the trip

limit for POP is intended to accommodate only unavoidable incidental

catches, it will not be increased if landings are lower than the

harvest guideline.

DTS complex (Dover sole, thornyheads, and trawl-caught sablefish).

In January 1993, the cumulative trip limit for the DTS complex was

45,000 pounds (20,412 kg) per 2-week period, of which no more than

20,000 pounds (9,072 kg) could be thornyheads and no more than 1,000

pounds (454 kg), or 25 percent of the DTS complex, whichever was

greater, could be sablefish. In April, the trip limits were reduced and

applied on a 4-week cumulative basis: 60,000 pounds (27,216 kg) of the

DTS complex, of which no more than 35,000 pounds (15,876 kg) could be

thornyheads. The sablefish trip limit remained the same (but was

expected to result in lower landings due to the reduction in the trip

limit for the complex) until September when a ceiling of 3,000 pounds

(1,361 kg) per trip was added. Nonetheless, landings continued at high

levels and, at the Council's November 1993 meeting, were projected to

exceed the harvest guidelines for trawl-caught sablefish by 18 percent

and for thornyheads by 17 percent. Dover sole landings were projected

to be 17 percent below its coastwide harvest guideline, but only 3

percent below the harvest guideline in the Columbia subarea (which is

1,000 mt lower in 1994). Further reductions were implemented in

December 1993 (58 FR 64169, December 6, 1993) but were not expected to

substantially reduce these overages. Throughout the year, no more than

5,000 pound (2,268 kg) of sablefish per trip could be smaller than 22

inches (56 cm) (total length).

In 1994, the cumulative trip limit for the DTS complex is 50,000

pounds (22,680 kg) per month, including no more than 30,000 pounds

(13,608 kg) of thornyheads and 12,000 pounds (5,443 kg) of trawl-caught

sablefish. The cumulative period is lengthened from 4-weeks to calendar

month. The sablefish trip limit of 1,000 pounds (454 kg) or 25 percent

of the DTS complex, whichever is greater, that applies to each trip,

remains in effect. The 5,000-pound (2,268 kg) trip limit on sablefish

smaller than 22 inches (56 cm) also continues. Even though the

sablefish harvest guideline applies only to the Vancouver, Columbia,

Eureka, and Monterey areas, these trip limits are applied coastwide to

avoid effort shifts into the Conception area.

Nontrawl trip limits for sablefish. In 1993, a coastwide 250-pound

(113 kg) daily trip limit was applied until May 9, the beginning of the

72-hour closure before the start of the regular season on May 12. The

250-pound (113 kg) daily trip limit was reimposed on June 5 following a

72-hour closure beginning June 2. Landings are projected to be within

one percent of the harvest guideline in 1993. The harvest guideline

applies coastwide except for the Conception subarea.

Daily trip limits are established again in 1994, until 72 hours

before, and 72 hours after, the regular season which is scheduled to

start on May 15, 1994. However, the 250-pound (113 kg) daily trip limit

will apply only to the Vancouver, Columbia, Eureka, and Monterey

subareas, the same areas covered by the harvest guideline. In the

Conception area, where there is no harvest guideline and landings have

been below the 425 mt ABC, the daily trip limit is increased to 350

pounds (159 kg). This limit will accommodate most current landings

without encouraging excessive effort shifts into that area.

The trip limit for sablefish smaller than 22 inches (56 cm) (1,500

pounds (680 kg) or 3 percent of all legal sablefish on board, whichever

is greater) remains in effect.

Pacific whiting. The Council recommended continuation of the

10,000-pound (4,536 kg) trip limit for Pacific whiting taken before and

after the regular season. In 1994, the regular season begins on March 1

between 42 deg.00'--40 deg.30' N. latitude, and on April 15 north of

42 deg.00' N. latitude and south of 40 deg.30' N. latitude.

Open-access fishery. At its November meeting, the Council

recommended open-access fishery trip limits for certain gear types,

areas, and species or species groups. For all open-access gear except

trawls, the Council recommended: (1) A 10,000 pound (4,536 kg) trip

limit for all rockfish, not to exceed 40,000 pounds (18,144 kg)

cumulative in a month; and (2) a sablefish trip limit of the same

amounts and areas as for the limited-entry nontrawl fishery at the

beginning of the year (250 pounds (113 kg) per day north of 36 deg.00'

N. latitude; 350 pounds (159 kg) per day south of 36 deg.00' N.

latitude). For shrimp trawls, the trip limit for spot and ridgeback

prawns remains the same at 1,000 pounds (454 kg) of groundfish per

trip, and the trip limit in the pink shrimp fishery (1,500 pounds (680

kg) of groundfish per day times the number of days in the fishing trip)

is the same except the exclusion of whiting, shortbelly rockfish, and

arrowtooth flounder is removed. The trip limits all are designed to

keep landings within the open-access allocation for as long as possible

during the year. In addition, any more restrictive limits imposed on

the limited-entry vessels also apply to the open-access vessels. In

particular, the cumulative monthly limits for bocaccio and for

yellowtail rockfish are more restrictive than the 40,000 pounds (18,144

kg) cumulative limit on all rockfish in the open-access fishery.

Public comment resulting from the discussion of trip limits at the

September 1993 Council meeting revealed two minor trawl fisheries for

non-groundfish species (California halibut and sea cucumbers south of

Point Arena, California) that incidentally take small amounts of

groundfish. If these vessels had landed the 500-pound (227 kg) minimum

landing requirement during the window period, they would have qualified

for a limited-entry permit, but they did not. These vessels are

considered to be using exempt gears, and therefore may participate in

the open-access fishery. The Council agreed that the total take of

groundfish in these fisheries was insignificant, if measurable, and

that there was no need to force these fishers to discard incidentally-

caught groundfish. Therefore, a 500-pound (227 kg) trip limit for all

groundfish species was recommended for these fisheries.

Vessels using open-access gear are subject to the management

measures for the open-access fishery, whether or not the vessel has a

valid limited-entry permit endorsed for any other gear. In addition, a

vessel operating in the open-access fishery must not exceed any trip

limit, frequency limit, and/or size limit for the same gear and/or

subarea in the limited-entry fishery (as announced in this Federal

Register notice in paragraphs titled ``limited-entry''). A vessel that

operates in both the open-access and limited-entry fisheries is not

entitled to two separate trip limits for the same species. Fish caught

with open-access gear will also be counted toward the limited-entry

trip limit. For example; In one month, a trawl vessel catches 12,000

pounds (5,443 kg) of yellowtail rockfish in the limited-entry fishery,

and in the same month catches 4,000 pounds (1,814 kg) of yellowtail

rockfish using hook-and-line (open-access) gear. Because the open-

access landings are counted toward the limited-entry limit, the vessel

would have exceeded its monthly 14,000 pound (6,350 kg) limited-entry

limit for yellowtail rockfish by 2,000 pounds (907 kg).

III. 1994 Management Measures--Recreational Fishery

The recreational size and bag limits in 1994 are the same as in

1993 except for the bag limit for black rockfish off Oregon. The State

of Oregon is concerned that numbers of black rockfish on the north

Oregon coast are declining and has reduced the State bag limit from 15

rockfish of any species, to 15 rockfish of which no more than 10 may be

black rockfish. The Council recommended that the same change be made to

the bag limit in Federal waters to conserve the species and maintain

consistency with Oregon regulations. The commercial fishery is not

restricted at this time because the commercial catch of black rockfish

is low, and commercial vessels have voluntarily agreed to avoid the

nearshore areas where black rockfish are found.

IV. Secretarial Actions

For the reasons stated above, the Secretary concurs with the

Council's recommendations and announces the following management

actions for 1994, including those that have not been changed since

1993.

A. General Definitions and Provisions

The following definitions and provisions apply to the 1994

management measures, unless otherwise specified in a subsequent notice:

(1) A trip limit is the total allowable amount of a groundfish

species or species complex, by weight, or by percentage of fish on

board, that may be taken and retained, possessed, or landed per vessel

from a single fishing trip.

(2) A daily trip limit is the maximum amount that may be taken and

retained, possessed or landed per vessel in 24 consecutive hours,

starting at 0001 hours local time. Only one landing of groundfish may

be made in that 24-hour period.

(3) 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. Cumulative

trip limits for 1994 initially apply to calendar months.

(4) Unless the fishery is closed, a vessel which has landed its

cumulative or daily limit may continue to fish on the limit for the

next legal period so long as the fish are not landed (offloaded) until

the next legal period.

(5) All weights are round weights or round weight equivalents.

(6) Percentages are based on round weights, and, unless otherwise

specified, apply only to legal fish on board.

(7) Legal fish means fish taken and retained, possessed, or landed

in accordance with the provisions of 50 CFR part 663, the Magnuson Act,

any notice issued under subpart B of part 663, and any other regulation

promulgated or permit issued under the Magnuson Act.

(8) Closure, when referring to closure of a fishery, means that

taking and retaining, possessing or landing the particular species or

species group is prohibited. (See the regulations at 50 CFR 663.2.)

(9) The fishery management area for these species is the EEZ off

the coasts of Washington, Oregon, and California between 3 and 200

nautical miles offshore, and 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 0-200 nautical miles

offshore, or landed in, Washington, Oregon, or California are presumed

to have been taken and retained from the fishery management area,

unless otherwise demonstrated by the person in possession of those

fish.

(10) Inseason changes to trip limits are announced by notices

published in the Federal Register. Information concerning changes to

trip limits also is available from the NMFS Northwest and Southwest

regional offices [see ADDRESSES above]. Changes to trip limits are

effective at the times stated in the Federal Register notices. Once a

change is effective, it is illegal to take and retain, possess, or land

more fish than allowed under the new trip limit.

(11) 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 663.7(t))

(12) The following provisions that are not covered under the

headings ``limited-entry'' or ``open-access'' apply to all vessels that

take and retain groundfish unless otherwise stated.

B. Widow Rockfish

(1) Limited-entry Fishery. No more than 30,000 pounds (13,608 kg)

cumulative of widow rockfish may be taken and retained, possessed, or

landed per vessel per month. (Widow rockfish are also called brownies.)

(2) Open-access Fishery. See section G. Of the 40,000 pound (18,144

kg) monthly cumulative trip limit for rockfish taken in the open-access

fishery, no more than 30,000 pounds (13,608 kg) may be widow rockfish.

C. Sebastes Complex (Including Yellowtail and Bocaccio Rockfish)

(1) General. (a) Sebastes complex means all rockfish managed by the

FMP except Pacific ocean perch (Sebastes alutus), widow rockfish (S.

entomelas), shortbelly rockfish (S. jordani), and Sebastolobus spp.

(also called thornyheads, idiot, or channel rockfish). Yellowtail

rockfish (S. flavidus) are commonly called greenies. Bocaccio (S.

paucispinis) are commonly called rock salmon.

(b) Cape Lookout means 45 deg.20'15'' N. latitude.

(c) Cape Mendocino means 40 deg.30'00'' N. latitude.

(2) Limited-entry fishery. (a) Cumulative trip limits. Coastwide,

no more than 80,000 pounds (36,287 kg) cumulative of the Sebastes

complex may be taken and retained, possessed or landed per vessel per

month. Within this 80,000 pounds (36,287 kg), no more then 14,000

pounds (6,350 kg) cumulative may be yellowtail rockfish taken and

retained north of Cape Lookout; no more than 30,000 pounds (13,608 kg)

cumulative may be yellowtail rockfish taken and retained south of Cape

Lookout; and no more than 30,000 pounds (13,608 kg) cumulative may be

bocaccio taken and retained south of Cape Mendocino.

(b) The provisions of this paragraph (b) apply unless declarations

are made according to paragraph (c) below. If any vessel transits

through or fishes in the area north of Cape Lookout during a month,

then that vessel is subject to the trip limit for yellowtail rockfish

taken and retained north of Cape Lookout, no matter where the fish are

possessed or landed. Similarly, if a vessel takes and retains

yellowtail rockfish south of Cape Lookout and possesses or lands

yellowtail rockfish north of Cape Lookout during a month, that vessel

is subject to the northern trip limit.

(c) State declarations. The States of Oregon and Washington are

implementing declaration procedures that enable a vessel that fishes or

transits both north and south of Cape Lookout during a month to retain

the 30,000 pound (13,608 kg) cumulative limit for yellowtail rockfish

south of Cape Lookout. For any vessel that takes and retains or lands

yellowtail rockfish during the month, a declaration must be filed for

each fishing trip that crosses the line at Cape Lookout during that

month, must be made before leaving port on the fishing trip, and may

not be changed once the vessel has left port. Declarations must be

made, according to State law, to the state where the fish will be

landed. To make a declaration or for further information, contact:

Washington Department of Fisheries, Montesano, WA, at 206-249-4628; or

Oregon Department of Fish and Wildlife, Newport, OR, at 503-867-4741.

(i) A vessel under a northern trip declaration may not exceed the

northern limit during a single trip, nor may the cumulative catch of

all northern declared trips exceed the northern cumulative limit. The

total cumulative catch for the month may not exceed the southern limit,

no matter where the fish are caught.

(ii) A vessel under a southern trip declaration may not fish for

any groundfish north of Cape Lookout during the fishing trip for which

the declaration is made; otherwise, the northern trip limit would

apply. A vessel under a southern trip declaration may not exceed the

southern trip limit during a single trip, nor may the cumulative catch

of all southern declared trips exceed the southern cumulative limit.

The total cumulative catch for the month may not exceed the southern

limit, no matter where the fish are caught.

(d) If any vessel is used to fish south of Cape Mendocino during

the month, then the vessel is subject to the trip limit for bocaccio

taken and retained south of Cape Mendocino, no matter where the fish

are possessed or landed. Similarly, if a vessel is used to take and

retain bocaccio north of Cape Mendocino and possesses or lands bocaccio

south of Cape Mendocino, that vessel is subject to the southern trip

limit.

(3) Open-access Fishery. See section G. Of the 40,000 pound (18,144

kg) monthly cumulative trip limit for rockfish taken in the open-access

fishery, no more than 14,000 pounds (6,350 kg) cumulative may be

yellowtail rockfish caught north of Cape Lookout, no more than 30,000

pounds (13,608 kg) cumulative may be yellowtail rockfish caught south

of Cape Lookout, and no more than 30,000 pounds (13,608 kg) cumulative

may be bocaccio caught south of Cape Mendocino. The State declaration

procedures apply to all vessels, whether in the limited-entry or open-

access fishery.

D. Pacific Ocean Perch (POP)

(1) Limited-entry Fishery. The trip limit for Pacific ocean perch

coastwide is 3,000 pounds (1,361 kg) or 20 percent of all legal fish on

board, whichever is less. If less than 1,000 pounds (454 kg) of Pacific

ocean perch are landed, the 20 percent limit does not apply.

Note: Twenty percent of all legal fish on board including

Pacific ocean perch is equivalent to 25 percent of all legal

groundfish on board other than Pacific ocean perch.

(2) Open-access Fishery. See section G. Within the 10,000 pound

(4,536 kg) trip limit for rockfish taken in the open-access fishery, no

more than 3,000 pounds (1,361 kg) or 20 percent of all legal fish on

board, whichever is less, may be POP. If less than 1,000 pounds (454

kg) of Pacific ocean perch are landed, the 20 percent limit does not

apply.

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

Caught Sablefish

(1) 1994 Management Goal. The sablefish fishery will be managed to

achieve the 7,000 mt harvest guideline in 1994.

(2) Washington Coastal Tribal Fisheries. An estimate will be made

of the catch to the end of 1994 for the Washington coastal treaty

tribes. It is anticipated that these tribes will regulate their

fisheries so as not to exceed their estimated catch. There will be no

Federally imposed tribal allocation or quota. In 1994, the estimated

tribal catch is 300 mt, the same as in 1991, 1992, and 1993.

(3) Limited-entry Fishery. (a) Gear Allocations. After subtracting

the tribal-imposed catch limit and the open-access allocation from the

harvest guideline, the remainder will be allocated 58 percent to the

trawl fishery and 42 percent to the nontrawl fishery.

[Note: The 1994 harvest guideline for sablefish is 7,000 mt. The

300-mt tribal-imposed catch limit is subtracted, and the limited-

entry and open-access allocations are based on the remaining 6,700

mt. The limited-entry allocation for 1994 of 6,070 mt is allocated

3,520 mt (58 percent) to the trawl fishery and 2,550 mt (42 percent)

to the nontrawl fishery. The trawl and nontrawl gear allocations are

harvest guidelines in 1994, which means the fishery will be managed

so that the harvest guidelines are not exceeded, but will not

necessarily be closed if they are reached.]

(b) Trip and Size Limits for the DTS Complex (Thornyheads, Dover

Sole, and Trawl-caught Sablefish). These provisions apply to

thornyheads and Dover sole caught with any limited-entry gear and

sablefish caught with limited-entry trawl gear.

(i) ``DTS complex'' (formerly called the ``deepwater complex'')

means Dover sole (Microstomus pacificus), thornyheads (Sebastolobus

spp.), and trawl-caught sablefish (Anoplopoma fimbria). Sablefish also

are called blackcod. Thornyheads also are called idiots, channel

rockfish, or hardheads.

(ii) Trip limits. Coastwide, no more than 50,000 pounds (22,680 kg)

cumulative of the DTS complex may be taken and retained, possessed, or

landed per vessel per month. Within this 50,000 pounds (22,680 kg), no

more than 30,000 pounds (13,608 kg) cumulative may be thornyheads, and

no more than 12,000 pounds (5,443 kg) cumulative may be trawl-caught

sablefish. In any landing of the DTS complex, the trip limit for trawl-

caught sablefish is the greater of 1,000 pounds (454 kg), or 25 percent

of the DTS complex. In any landing, no more than 5,000 pounds (2,268

kg) of sablefish may be smaller than 22 inches (56 cm) (total length).

[Note: Twenty-five percent of the DTS complex (including

sablefish) is equivalent to 33.333 percent of the legal thornyheads

and Dover sole.]

(c) Nontrawl trip and size limits. (i) The daily trip limit for

sablefish in the Vancouver, Columbia, Eureka and Monterey subareas (the

U.S.-Canada border to 36 deg.00'00'' N. latitude) is 250 pounds (113

kg), and in the Conception subarea (36 deg.00'00'' N. latitude to the

U.S.-Mexico border) is 350 pounds (159 kg). These daily trip limits,

which apply to sablefish of any size, remain in effect until the

regular season begins, as specified at 50 CFR 663.23(b)(2).

[Note: In 1994, the daily trip limits will be in effect from

0001 hours January 1 through 2400 hours May 11; the first 72-hour

closure will occur from 0001 hours May 12 through 2400 hours May 14;

and the regular season will start at 0001 hours May 15.]

(ii) During the ``regular'' season, the only trip limit in effect

applies to sablefish smaller than 22 inches (56 cm) (total length)

which may comprise no more than 1,500 pounds (680 kg) or 3 percent of

all legal sablefish on board, whichever is greater.

(See paragraph (d) regarding length measurement.)

(iii) Following the regular season, on a date to be announced in

the Federal Register, the daily trip limits will be reimposed for

sablefish (of any size) caught with nontrawl gear.

(d) Length measurement. (i) Total length is measured from the tip

of the snout (mouth closed) to the tip of the tail (pinched together)

without mutilation of the fish or the use of additional force to extend

the length of the fish.

(ii) For processed (``headed'') sablefish,

(a) The minimum size limit is 15.5 inches (39 cm) 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; and,

(b) The product recovery ratio (PRR) 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

PRR currently is 1.6 in Washington, Oregon, and California. However,

the state PRRs may differ and fishermen should contact fishery

enforcement officials in the state where the fish will be landed to

determine that state's official PRR.)

(e) No sablefish may be retained which is in such condition that

its length has been extended or cannot be determined by the methods

stated above in paragraph (d).

(4) Open-access Fishery. The daily trip limit for sablefish in the

Vancouver, Columbia, Eureka and Monterey subareas (the U.S.-Canada

border to 36 deg.00'00'' N. latitude) is 250 pounds (113 kg), and in

the Conception subarea (36 deg.00'00'' N. latitude to the U.S.-Mexico

border) is 350 pounds (159 kg).

F. Pacific Whiting. (1) Limited-entry Fishery. (a) No more than

10,000 pounds (4,536 kg) of pacific whiting may be taken and retained,

possessed, or landed, per vessel per fishing trip until the regular

season for whiting begins, as specified at 50 CFR 663.23(b)(3).

(b) No more than 10,000 pounds (4,536 kg) of Pacific whiting may be

taken and retained, possessed, or landed by a vessel that, at any time

during a fishing trip, fished in the fishery management area shoreward

of the 100-fathom contour (as shown on NOAA Charts 18580, 18600, and

18620) in the Eureka subarea (from 43 deg.00'00'' N. latitude to

40 deg.30'00'' N. latitude).

Additional regulations that apply to the whiting fishery are found

in the Pacific Coast Groundfish regulations at 50 CFR 663.7 and 663.23

(58 FR 21261 and 58 FR 21265, both April 20, 1992).

G. Vessel Limits In The Open-Access Fishery

(1) Set net, hook-and-line, pot, and other exempt gear except

exempted trawl gear:

(a) Rockfish. No more than 10,000 pounds (4,536 kg) of rockfish may

be taken and retained, possessed, or landed per vessel per fishing

trip. No more than 40,000 pounds (18,144 kg) cumulative of rockfish may

be taken and retained, possessed or landed per vessel per month.

Rockfish means the Sebastes complex, shortbelly rockfish, widow

rockfish, Pacific ocean perch, and thornyheads, as listed at 50 CFR

663.2. Within these limits, a vessel may not take and retain, possess

or land more widow rockfish, Pacific ocean perch, thornyheads, DTS

complex, Sebastes complex, yellowtail rockfish, or bocaccio than

authorized for the limited-entry fishery. (See paragraphs B.(1), C.(2),

D.(1), and E.(3).)

(b) Sablefish. The daily trip limit for sablefish in the Vancouver,

Columbia, Eureka and Monterey subareas (the U.S.-Canada border to

36 deg.00'00'' N. latitude) is 250 pounds (113 kg), and in the

Conception subarea (36 deg.00'00'' N. latitude to the U.S.-Mexico

border) is 350 pounds (159 kg).

Note: The ``regular'' season and 72-hour closures specified at

50 CFR 663.23(b)(2) do not apply to the open-access fishery.

(2) Shrimp trawl (used to catch pink shrimp or spot or ridgeback

prawns):

(a) Pink shrimp. The trip limit for a vessel engaged in fishing for

pink shrimp is 1,500 pounds (680 kg) (multiplied by the number of days

of the fishing trip) of groundfish species listed at 50 CFR 663.2.

(b) Spot and ridgeback prawns. The trip limit for a vessel engaged

in fishing for spot or ridgeback prawns is 1,000 pounds (454 kg) of

groundfish species per fishing trip.

(c) Within these limits, a vessel may not take and retain, possess

or land more widow rockfish, Pacific ocean perch, thornyheads, DTS

complex, Sebastes complex, yellowtail rockfish, bocaccio, Dover sole,

or Pacific whiting than authorized in the limited-entry fishery. (See

paragraphs B.(1), C.(2), D.(1), E.(3), and F.(1).)

(3) California halibut or sea cucumber trawl. No more than 500

pounds (227 kg) of groundfish may be taken and retained, possessed, or

landed per trip by a vessel participating in the California halibut

fishery or in the sea cucumber fishery south or Point Arena, California

(38 deg.57'30'' N. latitude).

(i) A trawl vessel will be considered participating in the

California halibut fishery if (i) it is not fishing under a valid

limited-entry permit issued under 50 CFR part 663 for trawl gear, and

(ii) all fishing on the trip takes place south of Point Arena and the

landing includes California halibut of a size required at California

Fish and Game Code Section 8392(a) which states:

No California halibut may be taken, possessed or sold which

measures less than 22 inches in total length, unless it weighs four

pounds or more in the round, three and one-half pounds or more

dressed with the head on, or three pounds or more dressed with the

head off. Total length means the shortest distance between the tip

of the jaw or snout, whichever extends farthest while the mouth is

closed, and the tip of the longest lobe of the tail, measured while

the halibut is lying flat in natural repose, without resort to any

force other than the swinging or fanning of the tail.

(ii) A trawl vessel will be considered participating in the sea

cucumber fishery if (i) it is not fishing under a valid limited-entry

permit issued under 50 CFR part 663 for trawl gear, and (ii) all

fishing on the trip takes place South of Point Arena and the landing

includes sea cucumbers taken in accordance with California Fish and

Game Code Section 8396, which requires a permit issued by the State of

California.

(iii) Currently, no trawl trip limit in the limited-entry fishery

is less than 500 pounds (227 kg). However, if a limited-entry trip

limit were lower than 500 pounds (227 kg), no groundfish landing by

California halibut or sea cucumber trawl may be in excess of the

limited-entry trip limit for trawl gear.

(4) 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 operating in the

open-access fishery must not exceed any trip limit, frequency limit,

and/or size limit for the same gear and/or subarea in the limited-entry

fishery (as announced in this Federal Register notice in paragraphs

titled ``limited-entry''). A vessel that operates in both the open-

access and limited-entry fisheries is not entitled to two separate trip

limits for the same species. Fish caught with open-access gear will

also be counted toward the limited-entry trip limit.

(5) Sorting. 50 CFR 663.7(l) makes it 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,

if the weight of the total delivery exceeds 3,000 pounds (1,361 kg)

(round weight or round weight equivalent).'' This provision applies to

both the limited-entry and open-access fisheries.

IV. Recreational Fishing

(1) California. The bag limit for each person engaged in

recreational fishing seaward of the State of California is 5 lingcod

which may be no smaller than 22 inches (56 cm) (total length) and 15

rockfish per day. Multi-day limits are authorized by a valid permit

issued by the State of California and must not exceed the daily limit

multiplied by the number of days in the fishing trip.

(2) Oregon. The bag limit for each person engaged in recreational

fishing seaward of the State of Oregon is 3 lingcod per day and 15

rockfish per day, of which no more than 10 may be black rockfish

(Sebastes melanops).

(3) Washington (South of Leadbetter Point). The bag limit for each

person engaged in recreational fishing seaward of the States of

Washington south of Leadbetter Point (46 deg.38'10'' N. latitude) and

Oregon is 3 lingcod per day and 15 rockfish per day.

(4) Washington (North of Leadbetter Point). The bag limit for each

person engaged in recreational fishing seaward of the State of

Washington north of Leadbetter Point (46 deg.38'10'' N. latitude) is 3

lingcod per day and 12 rockfish per day.

V. Inseason Adjustments

At subsequent meetings, the Council will review the best data

available and recommend modifications to these management measures if

appropriate. The Council intends to examine the progress of these

fisheries during the year in order to avoid overfishing and to achieve

the goals and objectives of the FMP and its implementing regulations.

VI. Experimental Fisheries

U.S. vessels operating under an experimental fishing permit issued

under 50 CFR 663.10 also are subject to these restrictions unless

otherwise provided in the permit.

Classification

The final specifications and management measures for 1994 are

issued under the authority of and in accordance with the regulations

implementing the FMP at 50 CFR parts 611 and 663.

Much of the data necessary for these specifications and management

measures comes from the current fishing season. Because of the timing

of the receipt, development, review, and analysis of the fishery

information necessary for setting the initial specifications and

management measures, and the need to have these specifications and

management measures in effect at the beginning of the fishing year,

there is good cause to waive the publication of proposed specifications

in the Federal Register and 30-day comment period on the proposed

specifications. Amendment 4 to the FMP, implemented on January 1, 1991,

recognized these timeliness considerations, and set up a system by

which the interested public was notified, through Federal Register

notice and Council mailings of meetings, and of the development of

these measures, and was provided the opportunity to comment during the

Council process. The public participated in GMT, Groundfish Advisory

Subpanel, Scientific and Statistical Committee, and Council meetings in

August, September, October, and November 1993 that resulted in these

recommendations from the Council. Additional public comments will be

accepted for 30 days after publication of this notice in the Federal

Register. The Assistant Administrator for Fisheries, NOAA will consider

all comments made during the public comment period and may propose

modifications as appropriate.

Because the rule is being issued without prior notice and

opportunity for public comment, preparation of a Regulatory Flexibility

Analysis is not required and none has been prepared.

The Administrative Procedure Act requires that publication of an

action be made not less than 30 days before its effective date unless

the Secretary finds and publishes with the rule good cause for an

earlier effective date. Good cause for waiving the delay in

effectiveness is found if the delay is impracticable, unnecessary, or

contrary to the public interest. These specifications announce the

harvest goals and the management measures designed to achieve those

harvest goals in 1994. A delay in implementation could compromise the

management strategies that are based on the projected landings from

these trip limits. Therefore, a delay in effectiveness is contrary to

the public interest and these actions are effective on January 1, 1994.

List of Subjects

50 CFR Part 611

Fisheries, Foreign relations, Reporting and recordkeeping

requirements.

50 CFR Part 663

Administrative practice and procedure, Fisheries, Fishing,

Reporting and Recordkeeping requirements.

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

Dated: December 30, 1993.

Samuel W. McKeen,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 93-32118 Filed 12-30-93; 5 pm]

BILLING CODE 3510-22-M