Pacific Coast Groundfish Fishery

DEPARTMENT OF COMMERCE

50 CFR Part 663

[Docket No. 940257-4105; I.D. 012494C]

RIN 0648-AF76

Pacific Coast Groundfish Fishery

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish requirements for

combining two or more limited entry Pacific Coast groundfish fishery

permits endorsed with vessel lengths from smaller vessels into a single

limited entry permit endorsed with a larger length for use with a

single fishing vessel. This rule is necessary to comply with

regulations that require the Director, Northwest Region, NMFS (Regional

Director), to develop and implement a standardized measure of harvest

capacity for the purpose of determining the appropriate endorsed

lengths for limited entry permits created by combining two or more

permits with smaller size endorsements.

EFFECTIVE DATE: April 8, 1994.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact

Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the

Final Regulatory Flexibility Analysis (FRFA) are available from J. Gary

Smith, Acting Director, Northwest Region, National Marine Fisheries

Service, 7600 Sand Point Way NE., BIN C15700, Seattle, WA 98115-0070;

or Anneka W. Bane, Acting Director, Southwest Region, National Marine

Fisheries Service, 501 W. Ocean Blvd., suite 4200, Long Beach, CA

90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,

or Rodney R. McInnis at 310-980-4030.

SUPPLEMENTARY INFORMATION:

Background

Amendment 6 to the Pacific Coast Groundfish Fishery Management Plan

(FMP) was prepared by the Pacific Fishery Management Council (Council),

approved on September 4, 1992, and implemented by NMFS on November 16,

1992 (57 FR 54001), through regulations codified at 50 CFR part 663,

subpart C. Amendment 6, also called the ``Limited Entry Plan,'' is

intended to control the harvesting capacity of the groundfish fishing

fleet by:

(1) Limiting the overall number of vessels;

(2) Limiting the number of vessels using each of the three major

gear types; and

(3) Limiting increases in vessel harvest capacity by limiting

vessel length.

Amendment 6 requires that each limited entry fishing permit be

endorsed with the length overall of the vessel that initially qualified

for the permit (except for certain exceptions explained in the

implementing regulations). A permit can only be used for a vessel that

is no more than 5 ft (1.5 m) longer than the endorsed size on the

permit or for a smaller vessel. Vessel owners may fish with larger

vessels by combining permits for smaller vessels. Regulations at 50 CFR

663.33(g) require the Regional Director, with professional advice of

marine architects and other qualified individuals, and after

consultation with the Council, to develop and implement a standardized

measure of harvest capacity for the purpose of determining the

appropriate endorsed lengths for limited entry permits created by

combining two or more permits with smaller size endorsements.

Amendment 6 bases the system for combining limited entry permits in

the Pacific Coast groundfish limited entry fishery on overall length of

the fishing vessel. The standard it sets is that the harvest capacity

represented by the appropriate length endorsement for the combined

permit not exceed the sum of the harvest capacities of the permits

being combined. As provided by Amendment 6, the standard applies

regardless of the target species being fished, and is applicable

equally to trawl, longline, and fish trap (pot) vessels. As a practical

matter, any system for combining permits must also provide the

flexibility for vessel owners to mix and match permits with a variety

of different length endorsements in order to achieve the desired length

endorsement for a larger vessel. Once the relationship between length

and harvesting capacity is established, a table can be generated that

assigns a certain number of capacity rating points for each increment

of vessel length. Such a table can be used by vessel owners to

determine, at a glance, how many rating points are needed for any

particular length of vessel. Under Amendment 6, only limited entry

permits with ``A'' gear endorsements may be combined, and only permits

for the same gear type (e.g., longline and longline, not trawl and

longline) may be combined.

This final rule adds a table to the regulations implementing

Amendment 6 that assigns a certain number of capacity rating points per

foot of vessel length (see Table 1 added to Sec. 663.33(g)). The table

of capacity rating points per foot increment of vessel length up to a

vessel length of 150 ft (45.7 m) is based on a curvilinear relationship

described as length to the 2.5 power. For vessels larger than 150 ft

(45.7 m), the relationship is a straight line (constant slope)

increasing the number of 60-foot (18.3 m) permits required per

increment of vessel length, so that a 200-foot (61.0 m) vessel would

require twelve 60-foot (18.3 m) permits and a 400-foot (121.9 m) vessel

would require twenty 60-foot (18.3 m) permits.

The preamble to the proposed regulations (59 FR 9171; February 25,

1994) contains a more complete explanation of the relationship between

length and harvesting capacity for combining permits. Also described in

the proposed rule is an explanation of the technical bases for the

schedule chosen by NMFS (called the NMFS preferred approach in the

proposed rule), as well as a description of two other alternatives, one

initially proposed by NMFS (Initial Alternative I), the other by the

Council (Initial Alternative II). The proposed rule requested public

comments not only on the NMFS preferred approach, but on Initial

Alternatives I and II as well. This rule implements the NMFS preferred

approach, as described in the proposed rule. The final rule addresses

what is primarily a technical issue with little or no conservation

implications.

The relationship between vessel length and harvest capacity chosen

in the final rule is conservative and treats vessels of all lengths

equitably. It was chosen based on the recognition that smaller vessels

appear to produce at a level closer to their harvesting capacity, while

larger vessels, especially 200 ft (61.0 m) and larger, may currently

produce considerably below their actual capacity. As a result, the

chosen relationship reflects the expectation that the harvesting

capacity for larger vessels is potentially greater than the actual

amounts that vessels of that size have produced historically.

Initial Alternative I carried the curvilinear relationship only to

90 ft (27.4 m) and the straight line relationship to 200 ft (61.0 m)

(ten 60-foot (18.3 m) permits), with no increase in capacity rating

points for vessels larger than 200 ft (61.0 m). The Council's

recommended formula, Initial Alternative II, was curvilinear to 200 ft

(61.0 m) with the straight line relationship beginning with twenty 60-

foot (18.3 m) permits at 200 ft (61.0 m) and ending with thirty-two 60-

foot (18.3 m) permits for 400-foot (121.9 m) vessels. All three

concepts are shown graphically in Figure 1.

BILLING CODE 3510-22-P

TR14AP94.000

BILLING 3510-22-C

Comments and Responses

Written comments were submitted by 6 fishing vessel owners'

associations (Coast Draggers Association, Fishermen's Marketing

Association, United Catcher Boats, American Factory Trawlers

Association, and 2 from Mid-Water Trawlers Cooperative), 6 seafood

processing companies, the Astoria Chamber of Commerce, 48 individuals

or corporations associated with individual catcher vessels primarily

involved in the Pacific whiting fishery, 3 corporations owning catcher-

processors (factory trawlers), and a corporation owning a mothership

processor. Thirty of the comments received were from Newport, Oregon.

The total number of comments received was 65, with 54 advocating

adoption of the proposal recommended by the Council (Initial

Alternative II), 5 advocating the NMFS initial proposal (Initial

Alternative I), 3 supporting the NMFS preferred approach, and 3

offering comments but no preference.

Comment 1: Twenty-two commenters argued that the NMFS preferred

approach would increase harvest capacity in the Pacific whiting fishery

because large, efficient factory trawlers with a significant harvesting

capacity would purchase permits issued to historically unproductive

vessels, many with little or no historical catch of whiting, thus

increasing the overall harvest capacity in the groundfish fishery, and

particularly the whiting fishery.

Response: Most of the commenters favoring the Council's

recommendation argued that the purchase of a permit with marginal

historical production by the owner of a potential highline vessel would

increase capacity in the fishery. Most of these commenters made no

distinction between harvest capacity, fishing effort, and actual

production (catch). Fishing effort is the actual intensity with which a

vessel/permit is used. It represents an amount of fishing activity per

time period, not an amount of catch. In the context of this rule,

capacity refers to the potential amount of fish that can be caught and

retained by a vessel of a given length. Since permits are transferable,

it is important to note that the potential catch associated with

capacity is not necessarily the historical catch of that vessel, but

rather the potential of the permit when affixed to a successful vessel

of the same size.

The Council in Amendment 6 specifically instructed NMFS to develop

a schedule for combining permits that assured that harvest capacity,

not fishing effort or catch, did not increase. The schedule chosen by

NMFS is an attempt to keep the capacity represented by the sum of

fishery permits from increasing. When permits are combined, the

capacity of the resulting permit should not exceed the capacity of the

group of permits that have been combined. The capacity of a permit is

not defined by the level of fishing effort or production that its owner

may have experienced over the preceding years, but by its potential for

use by a highline vessel of the endorsed size.

The degree to which a permit is actually used may be referred to as

effort. The goals and objectives of Amendment 6 clearly identify

``capacity'' of permits, not the effort with which they are applied, as

being the focus for constraint in the limited entry program in general,

and the formula for combining permits in particular. Thus, even though

effort may increase as permits are transferred from less intensive to

more intensive operations, in terms of fleet capacity, it makes no

difference whether a vessel combines permits from ten 60-foot (18.3 m)

vessels that each landed 1 mt the last 5 years, or from ten 60-foot

(18.3 m) vessels that each landed 5,000 mt over the same period. The

relevant question for determining capacity is what an individual could

have caught with the permit, using a quality vessel of the same length,

with a knowledgeable skipper and an efficient crew.

The fact that potential highliners will increase overall effort and

production in the fishery by obtaining permits from individuals who are

making little use of them is not surprising; this likelihood is

addressed in the analysis for Amendment 6. The Council could have

reduced the potential for increases in effort resulting from permit

transfers by establishing more rigorous minimum landing requirements

for initial qualification for permits, but the Council's final action

did not include different minimum landing requirements for vessels of

different length. Alternatively, Amendment 6 could have constrained

outputs (landings) by, for example, attaching landing endorsements to

the permits, rather than length endorsements. In order for a vessel to

increase its landings, it would have had to buy a permit endorsed for

an appropriate amount of tonnage. This would have prevented little-used

vessels from being transformed, through permit sale, into highliners,

without production having been reduced by someone else. However, in

constraining inputs to the fishery (vessel length and gear) rather than

outputs, the Council was aware that increases in effort and production

might occur.

One example given by a commenter to justify concern about

unproductive permits being transferred to a highline vessel was that,

for example, a 300-foot (91.4 m) factory trawler, producing about 400

mt per day, could obtain a limited entry permit by obtaining 13 permits

from thirteen 65-foot (19.8 m) shrimp vessels that historically caught

an aggregate of less than 400 mt of whiting over a whole year. However,

it is also true that, if each one of those 13 permits was sold to a

highline 65-foot (19.8 m) vessel making at-sea deliveries of whiting,

the 13 vessels could easily deliver an aggregate of more than 1,000 mt

per day, based on data from the 1991 whiting fishery. As this example

illustrates, the potential for increasing effort in the whiting fishery

is not simply an issue that arises with regard to factory trawlers

combining permits in order to enter the fishery. Quite the contrary,

historically unproductive permits for vessels under 110 ft (35.5 m)

could generate as much or more additional catch in the whiting fishery

if they were transferred/combined to highline vessels within the same

size range than if they were combined to accommodate the use of a

factory trawler.

NMFS agrees that fishing effort will tend to increase with the

combining of permits for factory trawlers in the whiting fishery.

Likewise, the amount of capacity utilized in the whiting fishery will

increase as permits issued for vessels with no historical whiting catch

are transferred to vessels that fish for whiting. Those transfers

represent a transfer of capacity from the non-whiting fishery, or

alternatively the groundfish fishery as a whole, into the whiting

fishery. However, it cannot be ignored that permits that are combined

to support 100-foot (30.5 m) catcher boats, or even those that are

transferred between vessels of the same size, will also lead to

increases in effort, and, if transferred into the whiting fishery, to

increases in capacity in the whiting fishery. Regardless of the size of

her/his vessel, an entering highliner will always attempt to purchase

permits as cheaply as possible, and that will involve seeking out

permits that are generating the least amount of money for their current

owners.

Comment 2: Nine commenters argued that NMFS' use of a 60-foot

catcher vessel in the whiting fishery for comparison with factory

trawlers was flawed, because the average length of catcher vessels

delivering whiting is closer to 85 ft (25.9 m) or 90 ft (27.4 m) in

length. They argued that, if the same comparison were done using a 90-

foot (27.4 m) vessel length for a catcher vessel, the results would

show that the NMFS preferred approach was not conservative enough to

prevent harvest capacity from increasing.

Response: The 2.5 exponential relationship for vessel length,

explained in the proposed rule, which provided a good fit for the

highline production data in the non-whiting sector of the groundfish

fishery, does not characterize the length-production relationship

observed in the whiting fishery. Because the relationship between

production and vessel length departs dramatically from the exponential

curve for all vessels in the whiting fishery, highline production data

were determined to be the best way to illustrate the relationship of

potential harvest capacity to vessel length for vessels in the whiting

fishery. Although production data are used to illustrate relationships

between vessels of different lengths, the potential harvest capacity of

vessels larger than 150 ft (45.7 m) is presumed to be greater than the

historical highline production for those vessels. The formula

promulgated by this rule takes the difference between a vessel's

highline production data and potential harvest capacity into account.

Highline production is the average production for the top 25 percent of

the vessels in each vessel class. For analytical purposes, highline

production values are used to demonstrate trends and relationships

between vessels of different lengths for vessels that participate

substantially in the whiting fishery.

Because the increase in historical production per increment in

vessel length for factory trawlers is less than the increase in

production per increment demonstrated by smaller vessels in the

groundfish (non-whiting) fishery, comparison of the highline catch

amounts associated with number of permits needed for a factory trawler

is affected by the size of vessel chosen for comparison. As an example,

compare the number of 60-foot (18.3 m) and 90-foot (27.4 m) permits

that would be required for a permit for a 300-foot (91.4 m) vessel. If

a 300-foot (91.4 m) factory trawler were to obtain all of its permits

from 60-foot (18.3 m) boats, under the NMFS preferred approach it would

need about sixteen permits. Since the 1991 highline production data for

60-foot (18.3 m) vessels was estimated to be about 470 mt per week,

these permits represent 7,500 (16 x 470) mt/week of catching capacity

in the offshore whiting fishery. During the same year, the highline

production data for factory trawlers around 300 ft (91.4 m) in length

was in the 1,000-1,100 mt/week range. In 1992, highline factory trawler

production went up, but was still generally less than 2,000 mt/week.

Thus, the demonstrated capacity of the sixteen 60-foot (18.3 m) vessels

is still greater than the 1992 factory trawler catch by a factor of at

least three.

If, on the other hand, the factory trawler were to acquire all of

its permits from 90-foot (27.4 m) trawlers, it would need a total of 6.

A 90-foot (27.4 m) vessel's highline production data was 610 mt/week,

which is only 30 percent higher than for a 60-foot (18.3 m) vessel.

Thus, the demonstrated production of these six vessels combined amounts

to slightly more than 3,500 mt/week. While this value is less than the

amount a 300-foot (91.4 m) vessel might harvest occasionally in the

pollock fishery, it is higher than any weekly catch observed by a

factory trawler over recent years in the whiting fishery. This example

illustrates that a reasonable safety factor still exists, even if 90-

foot (27.4 m) vessels are used for comparison with factory trawlers.

Sixty-foot (18.3 m) vessels were selected for comparison with the

factory trawlers in the whiting fishery for several reasons. First,

that size of vessel was common among all three gear types (trawl,

longline, and pot) and thus allows a comparison of harvest capacity and

vessel length for all three gear types. Second, 60-foot (18.3 m)

catcher vessels were assumed to be producing closer to their actual

harvest capacity than 80- or 90-foot (24.4--27.4 m) catcher vessels.

Therefore, 60-foot (18.3 m) vessel permits were used as a yardstick to

compare the relationships between harvest capacity and vessel length

for vessels using all three gear types and participating in the non-

whiting sector of the fishery.

Finally, the appropriateness of choosing comparison values is not

determined by the make-up of the current whiting fleet, but by the

length composition of the permits that are actually assembled in order

to license a factory trawler. Since permits may be acquired from across

the groundfish/whiting complex for this purpose, it seems likely that

any factory trawlers will acquire permits from a variety of vessel

lengths. Regardless of the lengths of the size endorsements on the

permits being combined, or whether the smaller vessels have fished

primarily for other groundfish or shrimp, the appropriate measure of

the catching capacity, relative to a factory trawler, is what these

vessels could produce in the offshore whiting fishery.

Comment 3: Several commenters noted that the actual harvest

capacity of larger (80-90-foot) (24.4--27.4 m) at-sea delivery vessels

in the whiting fishery was greater than the 500 mt per week for catcher

vessels used in the NMFS analysis for comparison with factory trawler

production values. They noted that the larger at-sea delivery vessels

often were constrained by production limits from motherships.

Response: NMFS agrees, and the NMFS analysis assumes that actual

harvesting capacity is greater than the production values for all

classes of vessels substantially involved in the whiting fishery. For

example, if all 90-foot (27.4 m) vessels delivered 1,000-1,100 mt of

whiting per week (equivalent to the largest single week of deliveries

by any catcher vessel in the data examined) instead of the 610 mt

observed production for the top 25 percent of delivery vessels, then if

under the NMFS preferred approach, six 90-foot (27.4 m) vessel permits

are combined, the harvest capacity retired would actually amount to

6,000 mt per week or more, almost triple any observed production from

factory trawlers in the whiting fishery. At this point, neither the

information regarding potential factory trawler performance submitted

by commenters (addressed in the response to comment 4), nor any other

information of which NMFS is aware, supports the assumption that the

actual production of factory trawlers in the whiting fishery can be

increased by a factor of 2.5 to 3.0 through the introduction of

efficient offloading procedures at sea. Still, this is an emerging

technology, and it is not impossible that factory trawler catch could

be increased substantially if a factory trawler serves, in whole or in

part, as a delivery vessel.

Comment 4: Some commenters have suggested that factory trawler

catches have been restricted by the processing aspects of their

operations and that supplemental at-sea transfers between factory

trawlers, which are both harvesting and processing, could significantly

increase factory trawler catch rates.

Response: NMFS agrees that production methods may be one factor

limiting current harvest levels for factory trawlers. During 1991, for

example, whiting factory trawlers had weekly levels of fish retention

that were roughly half the amounts for comparably sized motherships,

despite having roughly the same under-deck space available for

production lines, freezing, and storage facilities. This indicates that

processing limitations probably are not the sole factor constraining

harvests. NMFS agrees that some potential exists for factory trawlers

to increase their production. Thus, the harvest capacity for vessels

over 200 ft (61.0 m) in length, calculated by this rule, is greater

than any historical level of factory trawler catch in the whiting

fishery.

One reason offered for this difference between mothership and

factory trawler production is the fact that mothership production

benefits from having several vessels scouting for concentrations of

whiting, as well as fishing. Factory trawler production might be

increased if these vessels were able to benefit from some method of

scouting for concentrations of fish, so that the factory ship was able

to stay on productive grounds. One commenter provided a news article

documenting the use of a new hose-transfer technology that might be

used by factory trawlers to transfer fish between two or more vessels.

The article reported that a 207-foot (63.1 m) trawler off-loaded 2,000

mt of pollock during a 1-week period using this methodology. Although

the article did not say if 2,000 mt represented the trawler's catch of

pollock for the entire week, this level of production is the same level

demonstrated by larger than 200-foot (61.0 m) vessels in the whiting

fishery.

This potential for factory trawlers to increase their harvest rates

in the whiting fishery is the reason that the schedule for larger

vessels requires more permits than is suggested by highliner production

data, whereas the formula for smaller vessels, with less potential to

increase production, closely tracks highline production data.

Comment 5. Several commenters believed that, under the NMFS

preferred approach, factory trawlers would accumulate the necessary

number of permits at a disproportionately low net cost per unit

compared to the net cost, for example, to a 70-foot (21.3 m) vessel

upgrading to a 90-foot (27.4 m) vessel.

Response. It should be noted that the analysis in the EA/RIR/IRFA

of the potential cost of permits in support of the proposed rule was

extremely speculative, since little information on the profitability of

various sectors of the fleet was readily available. The analysis was

never intended as a prediction of what prices would be, but only to

illustrate what the range of prices might be given certain par values

for 60-foot vessels. Since a working model of profitability in the

groundfish and whiting fisheries was not available, no effort was

directed at projecting what the actual cost of permits would be.

In anticipation of a permit combination rule becoming effective,

some factory trawler owners have been purchasing permits. A comment

received from representatives of a factory trawler indicates that the

cost of securing the number of permits required by the NMFS preferred

approach was, in fact, in excess of $1.5 million.

Although it is not clear what the commenters intended as a

yardstick for a comparison of net cost per unit for smaller versus

larger vessels, two potential yardsticks are the cost of entering the

fishery relative to the amount of fish that can be caught, and the cost

of entry relative to the existing capitalization of the fishing vessel.

The following table illustrates the relationships between permit cost

and production, assuming that permits cost roughly $6,000 per rating

point, as asserted in the comments from the American Factory Trawlers

Association. In terms of the dollar amount that must be spent per

metric ton of catch, it is clear that factory trawlers will pay more

than smaller vessels. Based on highline production levels, a 60-foot

(18.3 m) vessel would pay one-sixth of what a factory trawler would per

metric ton of catch per week. Ninety-foot (27.4 m) and 120-foot (36.6

m) vessels would pay about one-third to one-half of the cost per ton

estimated for factory trawlers.

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Permit cost @ Highline Permit cost

Vessel length (feet) Rating points $6,000/pt production/wk per mt caught

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60.............................................. 15.59 $93,531 470 $199

90.............................................. 42.96 257,741 610 423

120............................................. 88.18 529,091 770 687

250............................................. 217.15 1,302,897 1,100 1,184

375............................................. 296.03 1,776,164 1,600 1,110

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However, it is also possible to view the cost question in the

context of the existing capitalization of an operation. The cost of a

permit for a 90-foot (27.4 m) catcher boat may represent an additional

50-100 percent of the existing capitalization of the operation. The

amount a factory trawler would have to pay is likely to represent a far

smaller percentage of the total amount that has been invested. In this

regard, it may be easier for a factory trawler to increase its debt

load to cover the cost of necessary permits. It should be noted,

however, that factory trawlers were built primarily for the Alaska

pollock fisheries, not the Pacific whiting fishery. Factory trawlers

also have the ability to derive profit from processing fish, as well as

catching them. This tends to give them a larger relative whiting income

stream with which to repay the permit cost. On the other hand, those

smaller catcher vessels with hold capacity also possess opportunities

to offset permit costs with additional landings of other groundfish

species during portions of the year when the whiting season is closed.

Another consideration is that the vast majority of catcher boats that

will be participating in this fishery in all likelihood initially

qualified for limited entry permits and will not have to pay anything

for the right to continue fishing.

Although the cost of permits will fluctuate based on supply and

demand, permit cost does not appear to be a reasonable basis for

estimating harvest capacity in the groundfish fishery.

Comment 6: One commenter provided an alternative analysis of the

capacity differences between trawl vessels of different lengths, based

on calculations of the area and volume of water capable of being swept

by the trawl net per hour.

Response: While there may be a strong correlation between area

swept and the catch of vessels of given sizes, it is not clear what

that functional relationship is between the two variables. Whatever

this relationship, it is almost certainly characterized by diminishing

catches per area swept at some point, just as the increase in highline

production values per increment of vessel length diminished in the NMFS

analysis. Knowing only the ratio of the areas swept per hour by vessels

of different lengths without knowing the functional relationship

between the two variables is not helpful in identifying catching

capacity. For example, if the ratios reflect a linear increase in

capacity over a 46-fold increase in area swept, then the capacity of a

90-foot (27.4 m) and a 300-foot (91.4 m) vessel, relative to a 60-foot

(18.3 m) vessel, would be 4.7:1 and 44.5:1, respectively, as noted in

the comment. If, on the other hand, catch equals area swept to an

exponential value, 0.75 for example, then the capacity ratios that

result are 3.2:1 and 17.2:1, respectively, for the 90- and 300-foot

(27.4 and 91.4 m) vessels; these values are not substantially different

from those in the NMFS preferred approach. Without considerable

additional quantitative analysis, there appears to be no basis for

presuming that one of these assumptions is any better than the other.

NMFS also evaluated the commenter's suggestion taking into account

the target species in the fishery. NMFS agrees that the commenter's

method might be appropriate when harvesting spawning Alaska pollock

where the pollock are distributed in large dense aggregations that are

as much as 50 to 100 meters thick. In that case, it might be

appropriate to calculate the ratios on a volume-swept basis. Whiting

stock assessment surveys have found that the typical dense schools of

whiting in the summer are scattered in a relatively thin layer that may

be only 5 to 10 meters thick. In this case it appears more appropriate

to calculate the ratios for whiting on an area-swept (two dimensional)

basis rather than on a volume-swept basis. This method also is

independent of any limits induced by the market, processing capacity,

or vessel hold capacity, all of which typically reduce vessel capacity

by some unknown amount. Based on an analysis of the capacity ratios

using an area-swept method, it appears that this rule offers reasonable

certainty that the permit combining schedule does not allow the overall

harvesting capacity of the groundfish trawl fleet to increase.

Comment 7: One commenter complained that, in the proposed rule,

NMFS did not adequately explain why it deviated from its initial

proposal to flatten the 2.5 exponential curve at a vessel length of 90

ft (27.4 m), and instead proposed to flatten the curve at a length of

150 ft (45.7 m).

Response: After evaluation of production values for the top 25

percent of the Alaska Freezer longline fleet (vessels up to 150 ft

(45.7 m) in length), NMFS concluded that the actual production

potential for longline vessels in the Pacific groundfish fishery also

could be fairly represented by the 2.5 exponential curve initially used

to describe harvest capacity and production for vessels 90 ft (27.4 m)

in length and below. Consequently, NMFS revised its initial proposal

(Initial Alternative I) to extend the 2.5 exponential curve describing

harvest capacity from 90 ft (27.4 m) to 150 ft (45.7 m) (NMFS preferred

approach).

Comment 8: Two commenters representing factory trawlers recommended

that NMFS allow permits to be combined temporarily (leased) then broken

again into individual permits at the end of the lease period.

Response: Amendment 6 specifically did not provide for aggregating

leased permits to provide for the temporary entry of larger vessels

into the Pacific groundfish fishery. Any such consideration is beyond

the scope of this regulatory amendment, and would require an amendment

to the FMP. The commenter should make this proposal to the Council for

its consideration.

Comment 9: One commenter noted that the current regulations require

that the size endorsement for a permit endorsed for trawl gear that is

transferred to a smaller vessel be downgraded to the length overall of

the smaller vessel. The commenter suggested that this regulation would

prevent a larger trawl vessel from leasing his permit to a smaller

vessel, thus restricting the number of people who might lease a trawl

permit. He noted that leasing a 90-foot (27.4 m) trawl permit to a 60-

foot (18.3 m) vessel would result in a temporary reduction in harvest

capacity, which would be consistent with the objectives of the limited

entry program. He recommended revising the limited entry regulations to

allow leasing of trawl permits to smaller vessels without having the

permit permanently downsized.

Response: NMFS agrees that leasing a trawl permit with a large size

endorsement to a smaller trawl vessel would be consistent with the

goals and objectives of the limited entry program. Amendment 6,

however, specifically requires that, if a permit endorsed for trawl

gear is registered to a trawl vessel more than 5 ft shorter than the

size endorsed on the permit, the permit will be re-endorsed with the

length overall of the smaller vessel. In a trip-limit fishery, for

example, there may be greater profit from fishing with a smaller

vessel. Taking advantage of this would require downsizing the permit.

This is one of the means by which Amendment 6 intended to reduce

harvest capacity in the groundfish fishery. This provision cannot be

changed, except by further amending the FMP. The commenter should take

his request to the Council for its consideration.

Comment 10: Two commenters who supported NMFS Initial Alternative I

argued that, if the NMFS preferred approach were adopted, the schedule

for vessels above 200 ft (61.0 m) in length should be modified slightly

to increase the number of permits required for vessels between 200 and

250 ft (61.0 and 76.2 m) in length.

Response: Production data that NMFS examined for the top 25 percent

of the factory trawler fleet showed a modest increase in production as

vessel length increased. NMFS believes that the modest increase in the

number of permits required by the NMFS preferred approach for vessels

between 200 and 400 ft (61.0 and 121.9 m) in length fairly represents

harvest capacity as suggested by the production data available from the

fishery.

Comment 11: Two commenters noted that NMFS accepted either the

documented length on the U.S. Coast Guard Documentation (CG-1270) or a

marine survey as documentation of ``length overall'' to determine the

appropriate size endorsement when initially issuing limited entry

permits. They argued that NMFS should continue to accept either form of

documentation when determining the ``length overall'' and the necessary

size endorsement for a permit for a vessel that results from the

combination of two or more smaller permits.

Response: The limited entry plan and the regulations require the

use of ``length overall'' for permit size endorsements. This was done

so there would be a standard length measure that would be comparable

across all vessels and vessel sizes. Length overall was adopted because

it is routinely used and is explained in Coast Guard regulations. When

the NMFS Northwest Region Fisheries Permit Office began receiving

permit applications for initial issuance of limited entry permits,

applicants were not required to submit a marine survey showing ``length

overall.'' The first permits issued were endorsed with the length shown

on the CG-1270. In most cases, the length shown on the CG-1270, if not

the ``length overall,'' was a shorter length derived from the U.S.

Coast Guard ``Standard'' system of measurement. In these cases, the use

of the length on the CG-1270 as ``length overall'' was to the detriment

of the permit recipient because permits could have been endorsed for

the larger ``length overall'' measurement. Initial permit recipients

were notified of this discrepancy and offered the opportunity to submit

a marine survey or builder's certificate showing ``length overall'' of

the qualifying vessel. Upon receipt of these documents, NMFS issued new

permits with the size endorsement showing true ``length overall.''

For transfers and permit combination (upgrades), use of the

improper length measurement for the new vessel operates to the benefit

of the individual applicant, but to the disadvantage of the limited

entry program, by allowing increases in the overall fishing capacity

through granting permits based on length measurements that are not

comparable to the measure required by the regulations. NMFS will

continue to require either a marine survey or builder's certificate to

document actual ``length overall'' of any vessel receiving a new permit

through permit combination.

Comment 12: Three commenters favored the NMFS preferred approach.

Two commenters noted that adoption of the NMFS preferred option would

be less disruptive to the fishery for factory trawlers, since some had

purchased permits using this option as a guideline, and because there

would be little time between the issuance of this rule and the start of

the whiting season, April 15, within which to obtain additional permits

if NMFS issued a more restrictive schedule. One commenter favoring the

NMFS preferred approach was concerned that, under a more restrictive

alternative, more vessels would sell their permits and enter another

fishery such as the shrimp fishery, resulting in over-capitalization of

that fishery.

Response: Comments are noted. The NMFS preferred approach is being

promulgated.

Comment 13: Fourteen commenters believed that implementation of the

NMFS preferred approach would result in more factory trawlers

purchasing permits and entering the whiting fishery than if the

Council's recommendation, Initial Alternative II, were implemented.

These commenters believed that more factory trawlers entering the

whiting fishery would deprive coastal catcher boats of potential

whiting markets with at-sea processors. As a result, many coastal

catcher vessels would be forced to fish for traditional (non-whiting)

groundfish species, adding additional capacity into an already

overcapitalized fishery.

Response: NMFS has no information to indicate how many factory

trawlers would purchase and combine permits in order to participate in

the Pacific whiting fishery under any of the three alternatives. Some

factory trawlers are likely to participate under any of the

alternatives. It appears likely that the number of factory trawlers

purchasing permits and participating in the whiting fishery will be

considerably less than the number that have participated in the fishery

under open access during the past 3 years. The availability of whiting

markets for coastal catcher vessels will depend, to some degree, on the

number of at-sea processors that offer markets and on the level of

operation of shoreside processing plants in 1994. As a result of

limited entry and the regulations that allocate the Pacific whiting

harvest between the at-sea and shoreside sectors of the industry,

whiting markets should support a larger number of catcher vessels in

1994 than at any time during the past 3 years. Whether fishing effort

will increase for traditional non-whiting groundfish species is

uncertain. It should be noted that much of the capacity represented by

permits being purchased by factory trawlers for use in the whiting

fishery, if not utilized for that purpose, is available for transfer

and use to fish for other groundfish species. Any increase in harvest

capacity in the whiting fishery is counterbalanced by decreasing

capacity available to harvest other groundfish species. NMFS has no

data to indicate whether the potential capacity that leaves the other

groundfish sector will be any greater or less than the capacity that

leaves the whiting fishery due to lack of markets.

Comment 14: Twenty-two commenters stated that NMFS, as a matter of

policy, should defer to the expertise and judgment of the Council and

implement Initial Alternative II.

Response: During the development and adoption of Amendment 6

(limited entry) to the Pacific Groundfish FMP, the Council decided to

leave the task of developing a measure of harvest capacity and method

for combining limited entry permits to NMFS, based on the standard set

out in the FMP. NMFS was to develop and implement the system for

combining permits in consultation with the Council and with the advice

of a marine architect. None of the development documentation or

analysis was undertaken by the Council. While the Council has made a

recommendation to NMFS for a different method from that proposed by

NMFS, it has not presented an analysis or administrative record

supporting the recommendation. Although NMFS gives great weight to

Council recommendations, they must be supported by an administrative

record demonstrating they are based on the best available scientific

information and are consistent with the Magnuson Act and other

applicable Federal law.

Comment 15: Several commenters stated that the NMFS preferred

approach ignores the goals and objectives of the Pacific groundfish

FMP. These commenters believed only Initial Alternative II is

consistent with the Council's goals.

Response: Amendment 6 to the FMP very narrowly defined the

objectives for NMFS in developing a permit combination system.

Regulations at 50 CFR 663.33(g) require the Regional Director, with

advice of marine architects and other qualified individuals, and after

consultation with the Council, to develop and implement a standardized

measure of harvest capacity for the purpose of determining the

appropriate endorsed lengths for limited entry permits created by

combining two or more permits with smaller size endorsements. Amendment

6 bases the system for combining limited entry permits in the Pacific

Coast groundfish limited entry fishery on the overall length of the

fishing vessel. The standard set by Amendment 6 requires that the

harvest capacity represented by the appropriate length endorsement for

the combined permit not exceed the sum of the harvest capacities of the

permits being combined. As provided by Amendment 6, the standard

applies regardless of the target species being fished or the size of

the vessels involved, and is equally applicable to trawl, longline, and

fish trap (pot) vessels.

Amendment 6 did not authorize NMFS to modify parameters of the

system to meet goals and objectives other than ensuring that the

harvest capacity of a combined permit does not exceed the sum of the

harvest capacities of the permits being combined.

Comment 16: Several commenters stated that NMFS has ignored the

recommendations of the marine architect who provided professional

advice to the Council's Groundfish Advisory Panel.

Response: The report of the Groundfish Advisory Subpanel provided

at the Council's April 1993 meeting indicated that a marine architect,

David Green, President of Jensen Maritime, advised the subpanel that

any of the formulas initially proposed by NMFS will reduce fleet size

over time, and that length cubed potentially reduced fleet size the

most. All of these formulas included flattening the curve for vessels

above about 120 ft (36.6 m) in length. Mr. Green stated that the length

cubed function matches vessel fishing power relatively well, but the

choice is primarily one of economics and social considerations.

Although each formula will permanently reduce fleet size, Mr. Green

believed none would prevent increased fishing capacity in the form of

deeper, ``beamier'' vessels to be built in the future. The Council's

Groundfish Advisory Subpanel recommended the 2.5 exponential factor,

stating that it better matches the west coast fleet, and recommended

that the curve be flattened at about 150 ft (45.7 m) in vessel length

instead of the 120 feet shown in the formulas.

A letter from Mr. Green elaborated on his prior comments. Although

Mr. Green states that exponents of 2.5 or less favor a fishery with

increasing catch capability, he also comments that there is a

reasonable correlation between hold capacity and length either to the

2.5 or 3.0 exponent, and that this correlation holds up reasonably well

to about 150 ft (45.7 m) in length. These remarks tend to confirm that

a 2.5 exponent is at least very close to the optimal value to prevent

any increase in capacity and that the exponential relationship breaks

down for vessels larger than 150 ft (45.7 m).

Mr. Green's only comments on the formula proposed for large vessels

is that the flattened section favors the processor type vessel as a

substitute for smaller catchers and would accelerate transition from

today's fleet of individual owners to the corporate fleets of

processors. His comments regarding fleet structure may be accurate if

the standard for comparison is the structure of the fleet during the

1984-88 qualifying period for limited entry permits. They may not be as

accurate, at least initially, if the standard of comparison is the

1991-93 fleet, which included as many as 20 large factory trawlers, and

fewer than that number purchase permits to enter the fishery.

The make-up of the fishery, however, is not a relevant

consideration in the formulation of these regulations. The relevant

issue is a reasonable estimate of harvesting capacity. If the purpose

of the limited entry program was to freeze the structure of the fleet

as it was in 1984-87, the Council would not have provided for the entry

of new and larger vessels. The FMP recognized the need to provide

flexibility for the fleet to change.

Finally, Mr. Green seems to use the concepts of hold capacity and

catching capacity interchangeably. While the ability to catch fish is

undoubtedly tied to hold size (or under-deck volume), the relationship

between these variables is not necessarily one to one, and the

relationship may be different in different fisheries. NMFS' initial

uncertainty regarding this relationship prompted examination of actual

highliner production records and eventually led to modification of

NMFS' initial proposal.

Comment 17: Several commenters representing the operators of

factory trawlers favored the NMFS initial proposal (Initial Alternative

I) because it was based on data from the highest producers and, of the

three alternatives, best reflected actual historical production by

factory trawlers. They argued that factors such as product quality and

problems with flesh deterioration limited the ability of factory

trawlers to increase production.

Response: In the NMFS Initial Alternative I proposal, the non-

increasing (flat) part of the formula for vessels larger than 200 ft

(61.0 m) exaggerated the fact that not very much increase was observed

in this range. Actual production figures do indicate a modest increase

in historical production as vessel size increases. In addition, the

original analysis focused on assessing the conservatism of the formula

by comparing a 60-foot (18.3 m) vessel's catch capacity with that of

factory trawlers. Drawing on the example in the response to comment 2,

under Initial Alternative I, a 300-foot (91.4 m) factory trawler would

need ten 60-foot (18.3 m) permits or 3.6 90-foot (27.4 m) permits. The

ten 60-foot (18.3 m) permits represent a whiting capacity of about

4,700 mt per week, a reasonable amount of conservatism compared to a

factory trawler's historical production of about 2,000 mt per week.

However, the 3.6 90-foot (27.4 m) permits would represent a minimum of

2,200 mt per week, which is not only below some of the peak weeks

observed for factory trawlers, but also provides no protection for the

possibility of factory trawlers improving their production in the

future. Since NMFS cannot rule out the possibility that factory

trawlers will increase production in the future through effective

scouting or other operational changes, a reasonable amount of

conservatism is justified. NMFS believes that conservatism is supplied

by the schedule promulgated by this rule (NMFS preferred approach).

Changes From the Proposed Rule

The proposed rule did not indicate how NMFS would determine the

number of rating points for vessels for which the length overall is in

fractions of feet (e.g., 70.39 ft (21.4 m) length overall). NMFS will

calculate the number of rating points for fractions of a foot by

multiplying the fraction by the difference in the rating points

assigned to the lengths (in whole feet) immediately above and below the

length overall measurement of the vessel, and adding the resulting

number of rating points to the number of rating points for the nearest

integer below the length overall measurement. For example, the total

number of capacity rating points for a vessel with a length overall of

70.39 ft (21.4 m) would be 22.92 (the capacity rating for a 70-foot

vessel) plus 0.39 x the difference between 23.74 (71 ft; 21.6 m) and

22.92 (70 ft; 21.3 m), or 0.39 Sec. 0.82=0.32. Thus, the total number

of rating points for a vessel with length overall of 70.39 ft (21.4 m)

is 22.92+0.32=23.24.

Minor editorial changes are made to Sec. 663.33(g) for clarity.

Classification

This final rule has been determined to be ``significant'' for

purposes of E.O. 12866.

This final rule is published under the authority of the Magnuson

Fishery Conservation and Management Act (Magnuson Act), 16 U.S.C. 1801

et seq. The Assistant Administrator for Fisheries, NOAA (Assistant

Administrator), has determined that it is necessary for management of

the Pacific Coast groundfish fishery and that it is consistent with the

Magnuson Act and other applicable law.

At the proposed rule stage, NMFS certified to the Small Business

Administration that the NMFS preferred approach or Initial Alternative

I or II, if adopted, could have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act, 5 U.S.C. 601 et seq. Although the cost to a vessel owner of

purchasing additional permits to combine for use on a larger vessel

would be offset by the greater fishing effectiveness and larger profit

potential represented by the larger vessel, vessel owners may be

adversely affected by not being able to obtain the appropriate

combination of permits or by having increased permit costs due to the

possible absence of permits for sale endorsed with the appropriate

vessel lengths. As a result, an initial regulatory flexibility analysis

was prepared. After the close of the public comment period, a final

regulatory flexibility analysis (FRFA) was prepared. Based on

information contained in the FRFA, NMFS concluded that this action will

have a significant economic impact on a substantial number of

fishermen.

The Assistant Administrator finds good cause under section

553(d)(3) of the Administrative Procedure Act to make this rule

effective upon filing at the Office of the Federal Register. If this

rule is not effective by April 15, 1994, some fishing vessels will have

to cease fishing until such time as the rule is effective, because the

regulation that requires each vessel to have a limited entry permit

with a size endorsement no more than 5 ft (1.5 m) shorter than the

vessel's length overall will take effect. Immediate effectiveness is

necessary to prevent a hiatus in the fishery for some vessels.

Therefore, delaying the effective date of this rule is contrary to the

public interest.

List of Subjects in 50 CFR Part 663

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: April 8, 1994.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 663 is amended

as follows:

PART 663--PACIFIC COAST GROUNDFISH FISHERY

1. The authority citation for part 663 continues to read as

follows:

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

2. Section 663.33(g) is revised to read as follows:

Sec. 663.33 Limited entry fishery--General.

* * * * *

(g) Combining limited entry permits. Two or more limited entry

permits with ``A'' gear endorsements for the same type of limited entry

gear may be combined and reissued as a single permit with a larger size

endorsement. The vessel harvest capacity rating for each of the permits

being combined is that indicated in Table 1 of this paragraph for the

length overall (in feet) endorsed on the respective limited entry

permit. Harvest capacity ratings for fractions of a foot in vessel

length will be determined by multiplying the fraction of a foot in

vessel length by the difference in the two ratings assigned to the

nearest integers of vessel length. The length rating for the combined

permit is that indicated for the sum of the vessel harvest capacity

ratings for each permit being combined. If that sum falls between the

sums for two adjacent lengths on Table 1, the length rating shall be

the higher length.

Table 1 of Sec. 663.33(g): Harvest Capacity Ratings for 1-Foot

Increments of Vessel Length Overall

------------------------------------------------------------------------

Capacity

Vessel length rating

------------------------------------------------------------------------

20............................................... 1.00

21.......................................................... 1.13

22.......................................................... 1.27

23.......................................................... 1.42

24.......................................................... 1.58

25.......................................................... 1.75

26.......................................................... 1.93

27.......................................................... 2.12

28.......................................................... 2.32

29.......................................................... 2.53

30.......................................................... 2.76

31.......................................................... 2.99

32.......................................................... 3.24

33.......................................................... 3.50

34.......................................................... 3.77

35.......................................................... 4.05

36.......................................................... 4.35

37.......................................................... 4.66

38.......................................................... 4.98

39.......................................................... 5.31

40.......................................................... 5.66

41.......................................................... 6.02

42.......................................................... 6.39

43.......................................................... 6.78

44.......................................................... 7.18

45.......................................................... 7.59

46.......................................................... 8.02

47.......................................................... 8.47

48.......................................................... 8.92

49.......................................................... 9.40

50.......................................................... 9.88

51.......................................................... 10.38

52.......................................................... 10.90

53.......................................................... 11.43

54.......................................................... 11.98

55.......................................................... 12.54

56.......................................................... 13.12

57.......................................................... 13.71

58.......................................................... 14.32

59.......................................................... 14.95

60.......................................................... 15.59

61.......................................................... 16.25

62.......................................................... 16.92

63.......................................................... 17.61

64.......................................................... 18.32

65.......................................................... 19.04

66.......................................................... 19.78

67.......................................................... 20.54

68.......................................................... 21.32

69.......................................................... 22.11

70.......................................................... 22.92

71.......................................................... 23.74

72.......................................................... 24.59

73.......................................................... 25.45

74.......................................................... 26.33

75.......................................................... 27.23

76.......................................................... 28.15

77.......................................................... 29.08

78.......................................................... 30.04

79.......................................................... 31.01

80.......................................................... 32.00

81.......................................................... 33.01

82.......................................................... 34.04

83.......................................................... 35.08

84.......................................................... 36.15

85.......................................................... 37.24

86.......................................................... 38.34

87.......................................................... 39.47

88.......................................................... 40.61

89.......................................................... 41.77

90.......................................................... 42.96

91.......................................................... 44.16

92.......................................................... 45.38

93.......................................................... 46.63

94.......................................................... 47.89

95.......................................................... 49.17

96.......................................................... 50.48

97.......................................................... 51.80

98.......................................................... 53.15

99.......................................................... 54.51

100......................................................... 55.90

101......................................................... 57.31

102......................................................... 58.74

103......................................................... 60.19

104......................................................... 61.66

105......................................................... 63.15

106......................................................... 64.67

107......................................................... 66.20

108......................................................... 67.76

109......................................................... 69.34

110......................................................... 70.94

111......................................................... 72.57

112......................................................... 74.21

113......................................................... 75.88

114......................................................... 77.57

115......................................................... 79.28

116......................................................... 81.02

117......................................................... 82.77

118......................................................... 84.55

119......................................................... 86.36

120......................................................... 88.18

121......................................................... 90.03

122......................................................... 91.90

123......................................................... 93.80

124......................................................... 95.72

125......................................................... 97.66

126......................................................... 99.62

127......................................................... 101.61

128......................................................... 103.62

129......................................................... 105.66

130......................................................... 107.72

131......................................................... 109.80

132......................................................... 111.91

133......................................................... 114.04

134......................................................... 116.20

135......................................................... 118.38

136......................................................... 120.58

137......................................................... 122.81

138......................................................... 125.06

139......................................................... 127.34

140......................................................... 129.64

141......................................................... 131.97

142......................................................... 134.32

143......................................................... 136.70

144......................................................... 139.10

145......................................................... 141.53

146......................................................... 143.98

147......................................................... 146.46

148......................................................... 148.96

149......................................................... 151.49

150......................................................... 154.05

151......................................................... 154.68

152......................................................... 155.31

153......................................................... 155.94

154......................................................... 156.57

155......................................................... 157.20

156......................................................... 157.83

157......................................................... 158.46

158......................................................... 159.10

159......................................................... 159.73

160......................................................... 160.36

161......................................................... 160.99

162......................................................... 161.62

163......................................................... 162.25

164......................................................... 162.88

165......................................................... 163.51

166......................................................... 164.14

167......................................................... 164.77

168......................................................... 165.41

169......................................................... 166.04

170......................................................... 166.67

171......................................................... 167.30

172......................................................... 167.93

173......................................................... 168.56

174......................................................... 169.19

175......................................................... 169.82

176......................................................... 170.45

177......................................................... 171.08

178......................................................... 171.72

179......................................................... 172.35

180......................................................... 172.98

181......................................................... 173.61

182......................................................... 174.24

183......................................................... 174.87

184......................................................... 175.50

185......................................................... 176.13

186......................................................... 176.76

187......................................................... 177.40

188......................................................... 178.03

189......................................................... 178.66

190......................................................... 179.29

191......................................................... 179.92

192......................................................... 180.55

193......................................................... 181.18

194......................................................... 181.81

195......................................................... 182.44

196......................................................... 183.07

197......................................................... 183.71

198......................................................... 184.34

199......................................................... 184.97

200......................................................... 185.60

201......................................................... 186.23

202......................................................... 186.86

203......................................................... 187.49

204......................................................... 188.12

205......................................................... 188.75

206......................................................... 189.38

207......................................................... 190.02

208......................................................... 190.65

209......................................................... 191.28

210......................................................... 191.91

211......................................................... 192.54

212......................................................... 193.17

213......................................................... 193.80

214......................................................... 194.43

215......................................................... 195.06

216......................................................... 195.69

217......................................................... 196.33

218......................................................... 196.96

219......................................................... 197.59

220......................................................... 198.22

221......................................................... 198.85

222......................................................... 199.48

223......................................................... 200.11

224......................................................... 200.74

225......................................................... 201.37

226......................................................... 202.01

227......................................................... 202.64

228......................................................... 203.27

229......................................................... 203.90

230......................................................... 204.53

231......................................................... 205.16

232......................................................... 205.79

233......................................................... 206.42

234......................................................... 207.05

235......................................................... 207.68

236......................................................... 208.32

237......................................................... 208.95

238......................................................... 209.58

239......................................................... 210.21

240......................................................... 210.84

241......................................................... 211.47

242......................................................... 212.10

243......................................................... 212.73

244......................................................... 213.36

245......................................................... 213.99

246......................................................... 214.63

247......................................................... 215.26

248......................................................... 215.89

249......................................................... 216.52

250......................................................... 217.15

251......................................................... 217.78

252......................................................... 218.41

253......................................................... 219.04

254......................................................... 219.67

255......................................................... 220.30

256......................................................... 220.94

257......................................................... 221.57

258......................................................... 222.20

259......................................................... 222.83

260......................................................... 223.46

261......................................................... 224.09

262......................................................... 224.72

263......................................................... 225.35

264......................................................... 225.98

265......................................................... 226.61

266......................................................... 227.25

267......................................................... 227.88

268......................................................... 228.51

269......................................................... 229.14

270......................................................... 229.77

271......................................................... 230.40

272......................................................... 231.03

273......................................................... 231.66

274......................................................... 232.29

275......................................................... 232.93

276......................................................... 233.56

277......................................................... 234.19

278......................................................... 234.82

279......................................................... 235.45

280......................................................... 236.08

281......................................................... 236.71

282......................................................... 237.34

283......................................................... 237.97

284......................................................... 238.60

285......................................................... 239.24

286......................................................... 239.87

287......................................................... 240.50

288......................................................... 241.13

289......................................................... 241.76

290......................................................... 242.39

291......................................................... 243.02

292......................................................... 243.65

293......................................................... 244.28

294......................................................... 244.91

295......................................................... 245.55

296......................................................... 246.18

297......................................................... 246.81

298......................................................... 247.44

299......................................................... 248.07

300......................................................... 248.70

301......................................................... 249.33

302......................................................... 249.96

303......................................................... 250.59

304......................................................... 251.22

305......................................................... 251.86

306......................................................... 252.49

307......................................................... 253.12

308......................................................... 253.75

309......................................................... 254.38

310......................................................... 255.01

311......................................................... 255.64

312......................................................... 256.27

313......................................................... 256.90

314......................................................... 257.54

315......................................................... 258.17

316......................................................... 258.80

317......................................................... 259.43

318......................................................... 260.06

319......................................................... 260.69

320......................................................... 261.32

321......................................................... 261.95

322......................................................... 262.58

323......................................................... 263.21

324......................................................... 263.85

325......................................................... 264.48

326......................................................... 265.11

327......................................................... 265.74

328......................................................... 266.37

329......................................................... 267.00

330......................................................... 267.63

331......................................................... 268.26

332......................................................... 268.89

333......................................................... 269.52

334......................................................... 270.16

335......................................................... 270.79

336......................................................... 271.42

337......................................................... 272.05

338......................................................... 272.68

339......................................................... 273.31

340......................................................... 273.94

341......................................................... 274.57

342......................................................... 275.20

343......................................................... 275.83

344......................................................... 276.47

345......................................................... 277.10

346......................................................... 277.73

347......................................................... 278.36

348......................................................... 278.99

349......................................................... 279.62

350......................................................... 280.25

351......................................................... 280.88

352......................................................... 281.51

353......................................................... 282.14

354......................................................... 282.78

355......................................................... 283.41

356......................................................... 284.04

357......................................................... 284.67

358......................................................... 285.30

359......................................................... 285.93

360......................................................... 286.56

361......................................................... 287.19

362......................................................... 287.82

363......................................................... 288.46

364......................................................... 289.09

365......................................................... 289.72

366......................................................... 290.35

367......................................................... 290.98

368......................................................... 291.61

369......................................................... 292.24

370......................................................... 292.87

371......................................................... 293.50

372......................................................... 294.13

373......................................................... 294.77

374......................................................... 295.40

375......................................................... 296.03

376......................................................... 296.66

377......................................................... 297.29

378......................................................... 297.92

379......................................................... 298.55

380......................................................... 299.18

381......................................................... 299.81

382......................................................... 300.44

383......................................................... 301.08

384......................................................... 301.71

385......................................................... 302.34

386......................................................... 302.97

387......................................................... 303.60

388......................................................... 304.23

389......................................................... 304.86

390......................................................... 305.49

391......................................................... 306.12

392......................................................... 306.75

393......................................................... 307.39

394......................................................... 308.02

395......................................................... 308.65

396......................................................... 309.28

397......................................................... 309.91

398......................................................... 310.54

399......................................................... 311.17

400.............................................. 311.80

------------------------------------------------------------------------

* * * * *

[FR Doc. 94-8924 Filed 4-8-94; 4:44 pm]

BILLING CODE 3510-22-P