# Pacific Coast Groundfish Fishery

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-8924

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** April 14, 1994

## Text

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.

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

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.

----------------------------------------------------------------------------------------------------------------
Permit cost @ Highline Permit cost
Vessel length (feet) Rating points $6,000/pt production/wk per mt caught
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-8924. Public record. Not legal advice.