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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 971229312-7312-01; I.D. 12167C]

Magnuson Act Provisions; Foreign Fishing; Fisheries off West

Coast States and in the Western Pacific; Pacific Coast Groundfish

Fishery; Annual Specifications and Management Measures

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

Atmospheric Administration (NOAA), Commerce.

ACTION: 1998 groundfish fishery specifications and management measures;

tribal whiting allocation; announcement of exempted fishing permits;

request for comments.

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SUMMARY: NMFS announces the 1998 fishery specifications and management

measures for groundfish taken in the U.S. exclusive economic zone (EEZ)

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

as authorized by the Pacific Coast Groundfish Fishery Management Plan

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

biological catch (ABC) and harvest guidelines (HGs), including the

distribution between domestic and foreign fishing operations. The HGs

are allocated between the limited entry and open access fisheries. The

management measures for 1998 are designed to keep landings within the

HGs, for those species for which there are HGs, and to achieve the

goals and objectives of the FMP and its implementing regulations. The

intended effect of these actions is to establish allowable harvest

levels of Pacific Coast groundfish and to implement management measures

designed to achieve but not exceed those harvest levels, while

extending fishing and processing opportunities as long as possible

during the year. This action also announces the approval of

applications to renew two exempted fishing permits (EFPs)in 1998.

DATES: Effective 0001 hours (local time) January 1, 1998, until the

1999 annual specifications and management measures are effective,

unless modified, superseded, or rescinded. The 1999 annual

specifications and management measures will be published in the Federal

Register. Comments on the 1998 annual specifications and management

measures, tribal whiting allocation, and EFPs will be accepted until

February 5, 1998.

ADDRESSES: Comments on these specifications and management measures,

tribal whiting allocation, and EFPs should be sent to Mr. William

Stelle, Jr., Administrator, Northwest Region (Regional Administrator),

National Marine Fisheries Service, 7600 Sand Point Way N.E., BIN

C15700, Bldg. 1, Seattle, WA 98115-0070; or Mr. William Hogarth, Acting

Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite

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

specifications and management measures, including an environmental

assessment (EA) and the stock

[[Page 420]]

assessment and fishery evaluation (SAFE) report, has been compiled in

aggregate form and is available for public review during business hours

at the office of the Regional NMFS (Regional Administrator), or may be

obtained from the Pacific Fishery Management Council (Council), by

writing to the Council at 2130 SW Fifth Avenue, Suite 224, Portland, OR

97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,

NMFS) 206-526-6140; or Svein Fougner (Southwest Region, NMFS) 562-980-

4034.

SUPPLEMENTARY INFORMATION: The FMP requires that fishery specifications

for groundfish be evaluated each calendar year, that HGs or quotas be

specified for species or species groups in need of additional

protection, and that management measures designed to achieve the HGs or

quotas be published in the Federal Register and made effective by

January 1, the beginning of the fishing year. This action announces and

makes effective the final 1998 fishery specifications and the

management measures designed to achieve them. These specifications and

measures were considered by the Council at two meetings and were

recommended to NMFS by the Council at its November 1997 meeting in

Portland, OR.

I. Final Specifications

The fishery specifications include ABCs, the designation of HGs or

quotas for species that need individual management, the apportionment

of the HGs or quotas between domestic and foreign fisheries, and

allocation between the open access and limited entry segments of the

domestic fishery. As in the past, the specifications include fish

caught in state ocean water (0-3 nautical miles (nm) offshore) as well

as fish caught in the EEZ (3-200 nm offshore). Only changes to the

specifications between 1997 and 1998 are discussed herein, otherwise

they are the same as announced in 1997 (62 FR 700, January 6, 1997).

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Changes to the ABCs and HGs

The ABCs, which are based on the best available scientific

information, represent the total catch, including amounts that are

discarded as well as retained. Stock assessment information considered

in determining the ABCs is available from the Council and was made

available to the public before the Council's November 1997 meeting in

the Council's SAFE document (see ADDRESSES). Additional information is

found in the EA prepared by the council for this action, the footnotes

to Table 1, the SAFE document for the 1998 specifications, and

documents available at the November 1997 Council meeting.

ABCs

The ABCs are changed from 1997 to 1998 as follows: lingcod (from

2,400 mt to 960 mt, excluding Canadian waters), sablefish (from 8,700

mt to 5,200 north of 36 deg. N. lat., with no change to the 425 mt ABC

south of 36 deg. N. lat.), Dover sole (from a range of 10,880-12,830 mt

to 9,426 mt coastwide), widow rockfish (from 7,700 mt to 5,740 mt),

longspine thornyheads (from 7,000 mt north of Pt. Conception to 4,102

mt in the smaller area north of 36 deg.N. lat.), the Sebastes complex

(from 7,130 mt to 8,647 mt in the Vancouver-Columbia area, and from

9,664 mt to 8,999 mt in the Eureka-Monterey-Conception area), bocaccio

(from 265 mt to 230 mt in the Eureka-Monterey-Conception Area), canary

rockfish (from 1,200 mt to 1,045 mt), chilipepper (from 4,000 mt to

3,400 mt in the Eureka-Monterey-Conception area), yellowtail rockfish

(from 1,773 mt to 3,465 mt in the Vancouver-Columbia area, excluding

Canadian waters, and from 259 mt to 229 mt in the Eureka-Monterey-

Conception area), and for ``remaining rockfish'' (from 1,431 mt to

1,401 mt, reflecting the change to yellowtail rockfish, in the Eureka-

Monterey-Conception area). The Sebastes complex consists of all

rockfish managed by the FMP except Pacific ocean perch (POP), widow

rockfish, shortbelly rockfish, and thornyheads. The whiting ABC is

changed only to reflect the amount in U.S. waters rather than the

amount for the United States and Canada combined.

The sablefish ABC deserves additional discussion as the Council

departed from the values recommended by its scientific and industry

advisory bodies. In 1997, the assessment model was modified to include,

for the first time, an index of abundance from fishery logbook data and

to closely examine the slope trawl survey data, per the recommendations

of an external review panel. Assessment results ranged from a biomass

of 40,000 mt with an ABC of 2,500 mt if all survey and logbook indexes

are included, to a biomass of 117,000 mt with an ABC of 7,300 mt if the

pot survey and slope trawl survey data are excluded. The stock

assessment review (STAR) panel commissioned by the Council's Scientific

and Statistical Committee (SSC) to provide a technical review of the

assessment ``endorses the model using both pot and slope surveys as

being preferable to a sablefish model that excludes both of these

sources of information,'' but also includes strong reservations

regarding use of the early slope trawl data. The Council's Groundfish

Management Team (GMT) accepted the STAR panel report and recommended an

ABC of 2,500 to 3,400 mt. The NMFS assessment document identifies

potential weaknesses and biases with each of the indices, but it was

not possible for either the assessment document or the report of the

STAR panel to quantity fully the uncertainty in the assessment results.

With the STAR panel's rejection of the 7,300-mt scenario, the Council

was faced with only the most conservative possible recommendation, and

had no information on the degree to which intermediate options may be

sufficiently conservative.

The Council's recommended ABC of 5,200 mt was based on a model

scenario that discounted the 1988 slope survey observation and on the

entire pot survey that had been discounted in previous years. The 1988

survey results were unusually high and not consistent with the slow

decline observed in subsequent surveys. The results represents

continuation of the Council's historical approach, which is to set a

compromise harvest level for sablefish until greater assessment

certainty can be achieved. A greater reduction would have established

the 1998 harvest at a level that has been exceeded every year since

1972 and would have caused severe and unexpected economic dislocation.

However, the Council's recommendation is not strictly precautionary,

nor is it in accord with the technical process designed to produce and

review stock assessments in 1997. The model scenario used by the

Council was not endorsed by either the STAR panel or the GMT. It was

presented as background material to the GMT to assist in understanding

the uncertainty in the assessment results. It can be accepted and

approved as a significant step towards a more precautionary approach to

sablefish management for 1 year, while NMFS works to improve the

assessment information for the longer term.

NMFS concurs with the Councils' recommendation that the assessment

should be updated in 1998 to include new data. Exceeding a more

precautionary harvest level in 1998 will slightly increase the current

decline in sablefish abundance, but a 1-year harvest of 5,200 mt would

not exceed the currently defined F20% overfishing level unless the

current biomass is actually at the most conservative estimate of

approximately 40,000 mt reported in the SAFE Decision Table for model

scenario 1. A catch of 5,200 mt is not overfishing for any of the other

model scenarios considered. (F20% means a fishing mortality rate that

would, in the long-term, reduce the spawning biomass per recruit to 20

percent of what it would have been if the stock had never been

exploited.)

The ABC for shortspine thornyheads remains the same as in 1997, but

was also the subject of much discussion at the November 1997 Council

meeting. In 1997, a new stock assessment was prepared for shortspine

thornyheads and reviewed by the STAR panel. The STAR panel concluded

that the assessment was the best that could be done with the stock

synthesis approach. However, the new assessment was unable to

sufficiently narrow the range of plausible ABC estimates. After the

STAR panel had disbanded, the Council's GMT requested additional

guidance, which was provided by three of the file original STAR panel

members and an industry representative to the panel. This ``reduced''

STAR panel recommended a simpler analysis, consisting of a biomass

estimated from the most recent slope surveys and using the F=M (fishing

mortality equals natural mortality) model. This model requires many

fewer assumptions and is based on direct measurement of stock

abundance, although with some uncertainty in the catchability

coefficient of trawl gear. This model has a documented basis and

history of use; it was used extensively in the early 1980's when other

data were not available to conduct a more rigorous assessment. Even

with the ``reduced'' STAR panel's consensus regarding the model to be

used, there are major concerns with the data, as it is very limited and

is a major factor in the uncertainties arising from the assessment.

Given these uncertainties, the Council recommended maintaining the ABC

at its current level of 1,000 mt.

HGs

Those species or species groups managed with HGs in 1997 will

[[Page 431]]

continue to be managed with HGs in 1998. However, some of the areas

managed with HGs have changed. The sablefish ABC of 425 mt south of

36 deg. N. lat. (the Monterey-Conception border) is set as an HG to be

able to respond inseason to potential effort shifts into that area;

separate HGs for longspine and shortspine thornyheads are set north of

36 deg. N. lat. and from 36 deg. N. lat. to Pt. Conception (34 deg. 27'

N. lat.), whereas in 1997 the single HG for each thornyhead species

extended to Pt. Conception; and the separate HG for Dover sole in the

Columbia area is removed. The HGs are changed from 1997 to 1998, as

follows: lingcod (from 2,400 mt to 838 mt, excluding Canadian waters),

sablefish (from 7,800 mt to 4,680 mt north of 36 deg. N. lat.), Dover

sole (from 11,050 mt, of which 2,850 mt was in the Columbia area, to

8,955 mt coastwide), POP (from 750 mt and 650 mt), widow rockfish (from

6,500 mt to 4,276 mt), shortspine thornyheads (from 1,380 mt north of

Pt. Conception to 1,082 mt north of 26 deg. N. lat. and 113 mt from

36 deg. N. lat to Pt. Conception), longspine thornyheads (from 6,000 mt

north of PT. Conception to 3,733 mt north of 36 deg. N. lat. and 390 mt

for 36 deg. N. lat. to Pt. Conception), the Sebastes complex (from

6,656 mt to 7,057 mt in the Vancouver-Columbia area, and from 9,284 to

8,439 mt in the Eureka-Monterey-Conception area), bocaccio (from 387 mt

to 230 mt in the Eureka-Monterey-Conception area), canary rockfish

(from 1,000 mt to 1,045 mt in the Vancouver-Columbia area), and

yellowtail rockfish (from 2,762 mt to 3,118 mt in the Vancouver-

Columbia area).

The Council's recommended HG for shortspine thornyheads has been

changed to correct an arithmetic error, and conforms with the Council's

intent to keep harvest of shortspine thornyheads below the overfishing

threshold. This is explained in the next section regarding setting HGs

above ABC.

Stock assessments and inseason catch monitoring are designed to

account for all fishing mortality, including that resulting from fish

discarded at sea. Discards of rockfish and sablefish in the fishery for

whiting are well monitored and are accounted for inseason as they

occur. In the other fisheries, discards caused by trip limits have not

been monitored consistently, so discard estimates have been developed

to account for this extra catch. A discard level of about 16 percent of

the total catch, previously measured for widow rockfish in a scientific

study, is assumed to be appropriate for the commercial fisheries for

widow rockfish, yellowtail rockfish, canary rockfish, and POP. A

discard estimate of 9 percent is used for longspine thornyheads, 30

percent for shortspine thornyheads, 5 percent for Dover sole, and 10

percent for sablefish.

In some cases (e.g., sablefish, widow rockfish, thornyheads, Dover

sole), an estimated amount of discards has been subtracted from the ABC

to determine the HG for the landed catch. In other cases (e.g.,

whiting, Sebastes complex, lingcod), a HG representing total catch is

more appropriate. Discards in the whiting fishery have been well

documented and, therefore, the HG for whiting represents total catch,

and discards are accounted for during the season. In 1997, the HG for

the Sebastes complex and its components was changed from landed to

total catch for greater management flexibility during the season;

estimates of discards are added to the landings during the season as

data become available.

Setting HGs Greater than ABC

In most cases, HGs are less than or equal to the ABCs. However, the

Council recommended HGs that exceed the ABCs for POP and shortspine

thornyheads, as in 1996 and 1997. The FMP requires that the Council

consider certain factors when setting and HG above an ABC. These

factors were analyzed by the Council's GMT and are summarized in the

Council's EA for the 1998 specifications.

Both species are caught in association with other species, and,

although they can be targeted on to some degree, they also are caught

unavoidably while fishing for other species in a mixed-stock complex.

The Council believes that requiring closure, or severe cutbacks, of the

fishery for the entire complex (the Sebastes fishery for POP, and the

DTS complex for shortspine thornyheads) in order to protect these two

stocks would not provide the overall maximum benefit to the Nation.

POP

POP was depleted off Washington, Oregon, and California by foreign

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

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

POP are not common in the more southern areas. POP are part of multi-

species groundfish catches and cannot be completely avoided when

harvesting other groundfish species. POP are taken as bycatch in

fisheries for other rockfish, arrowtooth flounder, and Dover sole. The

ABC for POP has been set at ``zero'' for many years. Each year,

however, a low level of landings has been allowed to avoid the waste of

fish that would otherwise be discarded. The annual HGs are intended

only to accommodate the catch of fish that would be discarded, and are

not intended to encourage targeting. Even if retention of POP were

prohibited, it would not substantially reduce fishing mortality because

POP are caught in small amounts in other fisheries, particularly in

fisheries for other rockfish species. The stock is estimated to be at

about 50 percent of its maximum sustainable yield (MSY) level, and

recent harvests have been near the overfishing threshold. Because

strong year classes, which are necessary to rebuild the stock, occur

infrequently, the lack of rebuilding to date is not unexpected. The

Council has recommended annual trip limits that are intended to

discourage targeting while allowing unavoidable incidental catches to

be landed. Consequently, the HG exceeds the ``zero'' ABC.

The HG of 650 mt for POP is not intended to be a target but rather

is intended to accommodate incidental catches that would otherwise be

taken while fishing for other species and discarded. As in past years,

trip limits will not be relaxed to enable the HG to be reached.

Shortspine Thornyheads

Shortspine thornyheads are part of the mutispecies DTC complex

(consisting of Dover sole, shortspine and longspine thornyheads, and

trawl-caught sablefish). In 1997, the HG for shortspine thornyheads was

reduced to 1,380 mt to be consistent with the policy of using a landed-

catch HG. The total catch associated with the 1997 HG was expected to

be about 1,500 mt, of which 120 mt (8 percent) was estimated to be

discarded. Therefore, the total catch expected to occur in 1997 was 500

mt higher than the 1,000-mt ABC, but well below the overfishing

threshold of 1,757 mt. The HG was set above ABC in 1996-97 largely

because of the uncertainty in the stock assessment. The HG was intended

to result in catch at a level similar to the ABC level that would

result from various stock assessment scenarios with higher levels of

natural mortality or lower levels of survey catchability. Shortspine

thornyheads are unavoidable in a number of fishing strategies, as

discussed later. Retention above ABC was allowed to reduce discards of

unavoidably caught thornyheads and to realize the benefits of

harvesting the other species in the complex.

In 1998, the Council again recommended setting the HG above ABC to

allow harvest of the more abundant species in the complex and to reduce

discard of shortspine

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thornyheads. The Council adopted one major change, however, that would

affect the HG for landed catch and the estimate of total catch

associated with that HG: The estimated discard rate in the fishery was

increased from 8 percent to 30 percent. The Council thought their 1998

recommendation was slightly more conservative than the status quo: An

ABC of 1,000 mt, and a landed catch HG of 1,300 mt (divided into 1,177

mt north of 36 deg. N. lat. and 123 mt for the Conception area north of

Pt. Conception; 80 mt lower than in 1997). The Council clearly stated

its intent to keep catch below the overfishing level (1,757 mt at

F20%). However, after the Council meeting, it was discovered that the

wrong assumptions had been used in calculating the recommended HG, and

that, although landings of 1,300 mt would not have resulted in

overfishing based on the assumptions used in 1997, it would in 1998,

due to the new estimate that 30 percent of the total catch is

discarded, rather than 8 percent. In short, the total catch of 1,857 mt

associated with the 1,300 mt landed catch HG recommended by the Council

for 1998 would exceed the overfishing level in the current FMP by 100

mt, rather than being 50 mt below, as the Council had expected.

NMFS, Northwest Region, consulted with the Council Chairman and

Executive Director, and the states of Washington, Oregon, and

California to confirm the Council's intent to stay below the current

overfishing level for shortspine thornyheads--all agreed. Therefore,

the 1998 landed catch HG for shortspine thornyheads is set at 1,195 mt,

which would result in total catch of 1,707 mt (prorated to 1,082 mt

north of 36 deg. N. lat. and 113 mt for the Conception area north of

Pt. Conception), 50 mt below the 1,757-mt overfishing level. It should

be noted that the same uncertainty that involves the data and estimates

of ABC also applies to the estimated overfishing level.

Generally, the species in this complex are caught together as

fishers target the entire DTS complex. In examining 1995-97 landings

greater than 3,000 lb that are more than 95 percent DTS: 7-9 percent

are shortspine thornyheads, 30-35 percent are longspine thornyheads,

16-19 percent are sablefish, and 40-44 percent are Dover sole (section

2.1.1 of the EA). These ratios are heavily influenced by the trip

limits and other management measures in effect. The nearshore rockfish

fishery also can have significant bycatch of shortspine thornyheads,

Dover sole, and sablefish. The nearshore flatfish fishery consisting

largely of petrale sole, sanddabs, and rex sole also encounters bycatch

of the DTS species, although they can be avoided in certain areas.

There also are nearshore Dover sole and sablefish target fisheries in

which it is difficult to avoid shortspine thornyheads. Each ex-vessel

dollar of shortspine thornyhead revenue in the DTS complex is

associated with $7.82 of other DTS species (section 2.2.1 of the EA).

Clearly, shortspine thornyheads make up a small proportion of a much

larger and more valuable multispecies complex. Prohibiting retention of

shortspine thornyheads does not prevent their harvest in the DTS

complex. The value of the fishery for the entire complex justifies

fishing shortspine thornyheads above the ABC because more harvest

cannot be avoided without drastic reductions in the catch of the

overall DTS complex as well as other trawl fisheries.

Foreign and Joint Venture Fisheries

For those species that will not be fully utilized by domestic

processors or harvesters, and that can be caught without severely

affecting species that are fully utilized by domestic processors or

harvesters, foreign or joint venture operations may occur. A joint

venture occurs when U.S. vessels deliver their catch to foreign

processing vessels in the EEZ. A portion of the HGs or quotas for these

species may be apportioned to domestic annual harvest (DAH), which in

turn may be apportioned between domestic annual processing (DAP) and

joint venture processing (JVP). The portion of a HG or quota not

apportioned to DAH may be set aside as the total allowable level of

foreign fishing (TALFF). In January 1998, no surplus groundfish are

available for joint venture or foreign fishing operations.

Consequently, all the HGs in 1998 are designed entirely for DAH and DAP

(which are the same in this case); JVP and TALFF are set at zero.

II. The Limited Entry Program

The FMP established a limited entry program that, on January 1,

1994, divided the commercial groundfish fishery into two components:

The limited entry fishery and the open access fishery, each of which

has its own allocations and management measures. The limited entry and

open access allocations are calculated according to a formula specified

in the FMP, which takes into account the relative amounts of a species

taken by each component of the fishery during the 1984-88 limited entry

window period. At its November 1997 meeting, the Council recommended no

new species and areas to be allocated between open access and limited

entry fisheries in 1998, and the Regional Administrator calculated the

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

otherwise specified, the limited entry and open access allocations are

treated as HGs in 1998.

Open Access Allocations

The open access fishery is composed of vessels that operate under

the HGs, quotas, and other management measures governing the open

access fishery, using (1) exempt gear, or (2) longline or pot (trap)

gear fished from vessels that do not have permits endorsed for use of

that gear. Exempt gear means all types of legal groundfish fishing gear

except groundfish trawl, longline, and pots. (Exempt gear includes

trawls used to harvest pink shrimp or spot or ridgeback prawns (shrimp

trawls), and, south of Point Arena, CA (38 deg.57'30'' N. lat.),

California halibut or sea cucumbers.)

The open access allocation is derived by applying the open access

allocation percentage to the HG, or if there is a set-aside for

recreational or tribal fishing, this is first deducted and the

percentage is applied to the commercial HG. (The commercial HG or quota

is the annual HG or quota after subtracting any set-asides for

recreational or tribal fishing.) For those species in which the open

access share would have been less than 1 percent, no open access

allocation is specified unless significant open access effort is

expected.

Limited Entry Allocations

The limited entry fishery means the fishery composed of vessels

using limited entry gear fished pursuant to the HGs, quotas, and other

management measures governing the limited entry fishery. Limited entry

gear means longline, pot, or groundfish trawl gear used under the

authority of a valid limited entry permit issued under the FMP, affixed

with an endorsement for that gear. (Groundfish trawl gear excludes

shrimp trawls used to harvest pink shrimp, spot prawns, or ridgeback

prawns, and other trawls used to fish for California halibut or sea

cucumbers south of Point Area, CA.) Beginning in 1997, a sablefish

endorsement also is required to operate in the limited entry regular or

mop-up seasons for sablefish.

The limited entry allocation is the allowable catch (HG or quota)

reduced by: (1) Set-asides, if any, for treaty Indian fisheries or

recreational fisheries (which results in the commercial HG or quota);

and (2) the open access allocation. Allocations for Washington coastal

tribal fisheries are discussed in paragraph V.

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III. 1998 Management Measures

Projections of landings in 1997 are based on the information

available to the Council at its November 1997 meeting (Supplemental GMT

Report B.6., November 1997), unless otherwise noted.

Limited Entry Fishery

The management measures for vessels operating in the 1998 limited

entry fishery are designed to keep landings within the HGs or limited

entry allocations. Cumulative trip limits continue to be used for most

of the limited entry fishery, which allows fishers to accumulate fish

over a period of time without a limit on the number of landings. Two-

month cumulative limits will continue to be used for most of the

limited entry fishery in 1998. As in 1997, no more than 60 percent of a

2-month limit may be taken in either calendar month, resulting in a

variable monthly trip limit within the 2-month limit. This enables the

limited entry fleet to maintain its current monthly fishing pattern,

target on 50 percent of the 2-month cumulative limit in a month, and

have the protection of a buffer equivalent to 10 percent of the 2-month

cumulative limit to account for inaccuracies in weighing fish at sea or

for small amounts caught above the target level. Unless otherwise

announced later in the year, the 2-month periods are: January-February,

March-April, May-June, July-August, September-October, and November-

December. One-month periods may be used later in the year.

[Note: NMFS has published a proposed regulation in the Federal

Register (62 FR 67610, December 29, 1997), with a request for public

comments, in which limited entry permit transfers would take effect

on the first day of a major cumulative landings limit period, which

are the periods described in this paragraph.]

Platooning

An optional platooning system was initiated in 1997 which enables

the limited entry trawl fleet to provide a more consistent supply of

fish to processors. Whereas the cumulative limits normally begin on the

first of a month (this is the ``A'' platoon), a vessel in the ``B''

platoon operates under limits out of phase by 2 weeks, from the 16th of

a month to the 15th of a month. All limited entry trawl vessels are

automatically in the ``A'' platoon, unless the permit owner indicated

in the annual permit renewal that the permitted vessel will participate

in the ``B'' platoon. Vessels operating in the ``B'' platoon will not

be able to land any species of groundfish from January 1-15, 1998. The

effective date of changes to the cumulative trip limits for the ``B''

platoon will occur on the 16th of the month unless otherwise specified.

Special provisions will be made to accommodate ``B'' vessels at the end

of the year so that the same amount of fish is made available to both

``A'' and ``B'' vessels. For example, a vessel in the ``B'' platoon

could have the same cumulative trip limit for the final period as

vessels in the ``A'' platoon, but the final period may be 2 weeks

shorter, so that both the ``A'' and ``B'' fishing periods end on

December 31, 1998. Alternatively, if the fishery is operating under 1-

month cumulative trip limits, the ``B'' platoon may have 6 weeks to

take the final two cumulative limits. The choice of platoon applies to

the permit for the entire calendar year, even if the permit is sold,

leased, or otherwise transferred. The platoon system is experimental

and may not be continued in the future if the Council decides the

benefit does not outweigh technical and administrative burdens.

Open Access Fishery

The trip limits for the open access fishery are designed to keep

landings within the open access allocation, while allowing the

fisheries to operate for as long as possible during the year. The

overall open access limits for rockfish, sablefish, and ``all

groundfish'' in 1998 are the same as at the end of 1997, with several

exceptions: (1) 1998 limits for bocaccio are set at half the 1997

levels; (2) a new, open access trip limit is added for lingcod of 1,000

lb (454 kg) cumulative per 2-month period; and (3) the cumulative trip

limit is reduced to 600 lb (272 kg) per 2-month period for sablefish

taken under the daily trip limit north of 36 deg. N. lat. with open

access net or line gear (but not exempt trawl gear). The lingcod and

bocaccio (set/trammel net) 2-month cumulative trip limits are unusual

because cumulative trip limits in the open access fishery generally

apply to 1-month periods. Also, the 60-percent monthly limits that

apply within the 2-month cumulative trip limits for the limited entry

fishery (see paragraph IV.A.(1)(c)(i)) do not apply to the open access

fishery; the open access cumulative limits for lingcod and sablefish

may be taken at any time during the 2-month period.

The thornyhead fishery remains closed to all open access gear north

of 36 deg. N. lat., and under a 50 lb (23 kg) daily trip limit south of

36 deg. N. lat.

The groundfish trip limit for exempted trawl gear remains at 500 lb

(227 mt) (which for pink shrimp trawls only may be multiplied by the

number of days in a trip), and includes the daily trip limits for

sablefish (300 lb (136 kg) coastwide) and thornyheads (the same as for

the other open access gear, which may not be multiplied by the number

of days in a trip.

As in past years, a vessel operating in the open access fishery,

besides being constrained by specific open access limits, must not

exceed in any calendar month 50 percent of any 2-month cumulative trip

limit for the same area in the limited entry fishery, called the ``50-

percent monthly limit.'' In some cases, the 50-percent monthly limit is

larger than the open access limit, and so is not an additional

constraint. The management measures in paragraph IV. have been

reorganized so that the 50-percent monthly limits now appear in one

place with all other open access limits.

Background and Council Recommendations

The following discussions apply to the limited entry fishery unless

otherwise stated.

Widow Rockfish

Limited Entry. In 1997, the limited entry 2-month cumulative limit

of 70,000 lb (31,742 kg) was in effect until May 1, at which time it

was reduced to 60,000 lb (27,216 kg), where it remained to the end of

the year. Landings were projected to be 6,155 mt in 1997, 1 percent

below the HG. The HG is reduced substantially, from 6,500 mt in 1997 to

4,276 mt in 1998, and therefore the 2-month cumulative trip limit also

is reduced substantially at the beginning of 1998, to 25,000 lb (11,340

kg). Even at this lower level, there is some concern that further

reductions may be needed later in the year.

Open access. There is no open access allocation specifically for

widow rockfish. Landings in the open access fishery are constrained by

the 50-percent monthly limit, which applies toward the open access

limit for rockfish.

The Sebastes Complex (Including Yellowtail Rockfish, Canary Rockfish,

and Bocaccio)

Limited entry. On January 1, 1997 (62 FR 700, January 6, 1997), the

limited entry fishery for the Sebastes complex was managed under a 2-

month cumulative trip limit of 30,000 lb (13,608 kg) north of Cape

Mendocino (40 deg.30' N. lat.) and 150,000 lb (68,039 kg) south of Cape

Mendocino. Within these 2-month cumulative limits for the Sebastes

complex, no more than 6,000 lb (2,722 kg) could be yellowfish rockfish

north of Cape Mendocino, no more than 12,000 lb (5,443 kg) could be

[[Page 434]]

bocaccio south of Cape Mendocino, and no more than 14,000 lb (6,350 kg)

could be canary rockfish coastwide. On May 1, 1997 (62 FR 24845, May 7,

1997), the 2-month cumulative trip limit for bocaccio was reduced to

10,000 lb (4,536 kg), so that its HG would not be exceeded. However,

landings of yellowtail rockfish and canary rockfish were lower than

expected, and on October 1, 1997 (62 FR 51814, October 3, 1997), the 2-

month cumulative trip limits were converted to 1-month limits and

increased to 5,000 lb (2,268 kg) per month for yellowtail rockfish and

10,000 lb (4,534 kg) per month for canary rockfish. This increased the

Sebastes complex limits to 20,000 lb (9,072 kg) per month north of Cape

Mendocino and 75,000 lb (34,020 kg) per month south of Cape Mendocino.

Poor October weather and low limits contributed to reduced effort in

the fishery, such that, at the Council's November 1997 meeting,

landings were projected to be 14 and 20 percent below the HGs for

canary and yellowtail rockfish, respectively. On November 16, 1997 (62

FR 61700, November 19, 1997), in the middle of a cumulative trip limit

period, the limits were increased for these two species, resulting in

increases to the total Sebastes complex cumulative limits as well. The

November and December 1997 1-month cumulative trip limits for the

Sebastes complex were: 40,000 lb (18,144 kg) north of Cape Mendocino

and 80,000 lb (36,287 kg) south of Cape Mendocino. Within these 1-month

cumulative limits, no more than 20,000 lb (9,072 kg) could be

yellowtail rockfish north of Cape Mendocino, no more than 5,000 lb

(2,268 kg) could be bocaccio south of Cape Mendocino, and no more than

15,000 lb (6,804 kg) could be canary rockfish coastwide.

The yellowtail rockfish HG increased from 2,762 mt in 1997 to 3,118

mt in 1998, and the canary HG increased slightly, from 1,000 mt in 1997

to 1,045 mt in 1998. The bocaccio HG declined, from 387 mt to 230 mt.

As a result, the following changes to the management measures are taken

in January 1998, compared to the level in January 1997. The 2-month

cumulative trip limit for yellowtail rockfish (north of Cape Mendocino)

is increased from 6,000 lb (2,711 kg) to 11,000 lb (4,990 kg), canary

rockfish is increased from 14,000 lb (6,350 kg) to 15,000 lb (6,804

kg), and bocaccio (south of Cape Mendocino) is reduced from 12,000 lb

(5,443 kg) to 2,000 lb (907 kg). The overall 2-month cumulative trip

limit for the Sebastes complex north of Cape Mendocino is increased

from 30,000 lb (13,608 kg) to 40,000 lb (18,144 kg), but is larger than

the increases to the cumulative limits for yellowtail and canary

rockfish. If landings of other Sebastes species become too high, the

trip limit for the complex may be reduced later in the year. South of

Cape Mendocino, the Sebastes complex 2-month cumulative trip limit is

the same as in January 1997, at 150,000 lb (68,039 kg).

Open access. Landings in the open access fishery of yellowtail,

canary rockfish, bocaccio, and the Sebastes complex as a whole are

constrained by the 50-percent monthly limit, which applies toward the

open access limit for rockfish. However, restrictions, some of them

new, are described below for the open access bocaccio fishery.

Both yellowtail rockfish and bocaccio are particularly difficult to

manage because of the number of gear types and fishing strategies

involved. A substantial portion of the yellowtail HG is taken as

bycatch in the whiting and shrimp fisheries. The at-sea processing

sector of the whiting fishery reduced its bycatch of yellowtail

rockfish approximately in half in 1997 by fishing deeper and more

cautiously and using daily satellite transmissions to alert fishers of

areas of high bycatch, as has been done to monitor salmon bycatch since

1996. Bycatch of rockfish in the shrimp and prawn trawl fisheries was

addressed in 1997 by reducing the groundfish trip limits from a third

to a half of their former levels. Management of bocaccio is further

complicated by significant recreational and open access harvest. In

1998, a new recreational bag limit (3 fish) is established for bocaccio

off California, and the open access 1-month cumulative trip limits for

bocaccio south of Cape Mendocino are reduced by half: for hook-and-line

gear, from 2,000 lb (907 kg) in 1997 to 1,000 lb (454 kg) in 1998; and

for set and trammel nets, from 4,000 lb (1,814 kg) to 2,000 lb (907

kg), of which no more than 250 lb (13 kg) may be taken per trip. The

set/trammel net limit is higher than that which may be taken by the

limited entry fishery. This limit maintains the historical proportions

landed by open access net and hook-and-line gears while enabling the

open access allocation for bocaccio to be achieved.

POP

Limited entry. The limited entry 2-month cumulative trip limit for

POP remained the same throughout 1997, at 8,000 lb (3,629 kg) per 2-

month period; it has been at this level since July 1, 1996. Landings of

POP in 1997 were projected to be from 563 mt to over 600 mt, below its

750-mt HG. The 1998 HG is set at 650 mt to accommodate incidental

catches without encouraging a target fishery on POP; interceptions of

POP may increase as the HG for yellowtail rockfish increases in 1998.

The 2-month cumulative trip limit remains the same as in 1997, and also

is intended to accommodate only unavoidable incidental catches. POP is

managed to achieve a rebuilding schedule, so trip limits will not be

increased to achieve the HG.

Open access. Landings of POP in the open access fishery are

constrained by the 50-percent monthly limit, which counts toward the

open access cumulative limit for rockfish.

Sablefish. The sablefish HG is subdivided among several fisheries.

The tribal fishery allocation is set aside prior to dividing the

balance of the HG between the commercial limited entry and open access

fisheries. These three fisheries are managed differently. The limited

entry allocation is further subdivided into trawl (58 percent) and

nontrawl (42 percent) allocations. Trawl-caught sablefish are managed

together with Dover sole and thornyheads as the DTS complex because

they often are caught together.

DTS Complex (Dover Sole, Thornyheads, and Trawl-Caught Sablefish)

Limited entry. In January 1997 (62 FR 700, January 6, 1997), the 2-

month cumulative trip limit for the DTS complex was 70,000 lb (31,752

kg) north of Cape Mendocino and 100,000 lb (45,359 kg) south of Cape

Mendocino. Within this 2-month cumulative limit, no more than 38,000 lb

(17,236 kg) could be Dover sole north of Cape Mendocino, and coastwide,

no more than 12,000 lb (5,443 kg) could be trawl-caught sablefish and

no more than 20,000 lb (9,072 kg) could be thornyheads. No more than

4,000 lb (1,814 kg) of the thornyheads could be shortspine thornyheads.

Throughout the year, no more than 500 lb (227 kg) per trip could be

sablefish smaller than 22 inches (56 cm).

On May 1, 1997 (62 FR 24845, May 7, 1997), the 2-month cumulative

trip limits were reduced for Dover sole north of Cape Mendocino to

30,000 lb (13,608 kg), and for thornyheads coastwide to 15,000 lb

(6,804 kg), of which only 3,000 lb (1,361 kg) could be shortspine

thornyheads. The 2-month cumulative limit for the DTS complex north of

Cape Mendocino decreased by the same amount, to 57,000 lb (25,855 kg),

while remaining at 100,000 lb (45,359 kg) south of Cape Mendocino. The

coastwide 2-month cumulative trip limit

[[Page 435]]

for sablefish remained at 12,000 lb (5,443 kg).

On September 1 (62 FR 36228, July 7, 1997), the 2-month cumulative

trip limits for the DTS complex and its components were converted to 1-

month cumulative limits: for the DTS complex, 28,500 lb (12,927 kg)

north of Cape Mendocino and 50,000 lb (22,680 kg) south of Cape

Mendocino; for sablefish coastwide, 6,000 lb (2,722 kg); for Dover sole

north of Cape Mendocino, 15,000 lb (6,804 kg); and for thornyheads

coastwide, 7,500 lb (3,402 kg), of which no more than 1,500 lb (680 kg)

could be shortspine thornyheads.

On October 1, 1997 (62 FR 51814, October 3, 1997), the 1-month

cumulative trip limits were reduced for sablefish coastwide (to 2,000

lb (907 kg)) and Dover sole north of Cape Mendocino (to 1,500 lb (680

kg)), and established for Dover sole south of Cape Mendocino (at 30,000

lb (13,608 kg)). Previously Dover sole could comprise the amount of DTS

limit that was left over after taking sablefish and thornyheads. As a

result, the 1-month cumulative trip limits for the DTS complex became

the sum of the cumulative limits of its components, at 11,000 lb (4,990

kg) north of Cape Mendocino and 39,500 lb (17,917 kg) south of Cape

Mendocino. The limits for thornyheads did not change in October.

Reduced effort in October, likely due to bad weather and extremely

low cumulative trip limits, resulted in much lower landings than

expected. On November 16, 1997 (62 FR 61700, November 19, 1997), the 1-

month cumulative trip limits for all three species in the complex were

increased to keep landings within the 1997 HGs and allocations without

increasing discards. These increases were intended to enable fishers to

land fish that otherwise would be caught and discarded. Therefore, on

November 16, 1997 (62 FR November 19, 1997), the monthly limits for the

DTS complex were raised to 16,000 lb (7,257 kg) north of Cape

Mendocino, and 43,000 lb (19,504 kg) south of Cape Mendocino.

Within these limits, 3,000 lb (1,361 kg) could be Dover sole north

of Cape Mendocino and 30,000 lb (13,608 kg) south of Cape Mendocino (no

change to southern Dover sole); 3,000 lb (1,361 kg) coastwide could be

trawl-caught sablefish; and 10,000 lb (4,536 kg) coastwide could be

thornyheads. No more than 3,000 lb (1,361 kg) of the thornyheads could

be shortspine thornyheads. Landings are intended to be close to the HGs

for these species in 1997, although some changes were made so late in

the year, final data will not be available until 1998.

The HG for sablefish north of 36 deg. N. lat. is reduced from 7,800

mt 1997 to 4,680 mt in 1998, with proportional reductions in the

allocations (see footnote g/ of Table 1). The 1998 trawl allocation was

therefore reduced from 3,803 mt in 1997 to 2,282 mt in 1998, and the 2-

month cumulative limit for trawl-caught sablefish in January 1998 is

5,000 lb (2,268 kg), less than half the 12,000 lb (5,443 kg) limit in

January 1997. The 500-lb (227 kg) trip limit for sablefish smaller than

22 inches (56 cm) remains in effect. A new HG was set at 425 mt for

sablefish south of 36 deg. N. lat., equal to the ABC, which is based on

historical landings in that area. The DTS limits apply coastwide,

including waters south of 36 deg. N. lat.

In 1998, the HG for Dover sole is applied coastwide only, without

separate consideration of the Columbia area. The HG is reduced from

11,050 mt in 1997 to 8,995 mt in 1998. At certain times of year,

particularly in winter months, it is possible to catch Dover sole in

deep water more selectively, without large associations of sablefish

and shortspine thornyheads. Therefore, in January-February 1998, the 2-

month cumulative trip limit for Dover sole is 40,000 lb (18,144 kg).

The 2-month cumulative trip limit is reduced to 18,000 lb (8,165 kg)

beginning in March 1998. If adequate amounts remain, the limit may be

raised for the more selective fishery at the end of the year. This is

done to achieve full utilization of all four species in the complex,

without exceeding any HG or allocation, while reducing the need to

discard fish in excess of legal limits.

In 1998, the HG for longspine thornyheads is reduced from 6,000 mt

north of Pt. Conception (34 deg.27' N. lat.) to 3,733 mt north of

36 deg. N. lat., based on a new stock assessment, and 390 mt for that

portion of the Conception area north of Pt. Conception (which is

equivalent to 4,123 mt north of Pt. Conception, although there no

longer is a single HG for these two areas combined). The 2-month

cumulative limit in January 1998 is 10,000 lb (4,536 kg), which for the

first time applies only to longspine thornyheads, separate from

shortspine thornyheads. In 1997, the trip limit of 20,000 lb (9,072 kg)

applied to both species of thornyheads combined, and could consist

entirely of longspine thornyheads if no shortspine thornyheads were

taken. The trip limits are not linked in 1998 in order to encourage a

more selective harvest of each species.

In 1998, the HG for shortspine thornyheads is reduced from 1,500 mt

north of 36 deg. N. lat. to 1,082 mt north of the Conception area, and

113 mt for that portion of the Conception area north of Pt. Conception

(which is equivalent to 1,195 mt north of Pt. Conception, although

there is not a single HG for the two areas combined). There is no HG

south of Pt. Conception. The 2-month cumulative trip limit for

shortspine thornyheads in January 1998 is 4,000 lb (1,814 kg), the same

as in January 1997.

Open access. The open access limits for thornyheads are the same as

in 1997: the fishery is closed north of Pt. Conception, and a 50-lb (23

kg) daily trip limit applies south of Pt. Conception. Open access

landings of Dover sole are constrained by the 50-percent monthly limit

of 9,000 lb (4,082 kg) starting in March 1998, but not in January-

February 1998 when the open access limits for exempted trawl gear are

more restrictive. The 300-lb (136 kg) coastwide daily trip limit for

exempted trawl gear remains in effect in 1998.

Nontrawl Sablefish

Limited entry north of 36 deg. N. lat. A number of significant

changes were made to management of the limited entry fishery in 1997:

(1) A vessel was required to have an endorsement on its limited entry

permit in order to participate in the regular or mop-up sablefish

seasons (62 FR 34670, August 27, 1997); (2) the regular season was

changed from a derby to an equal cumulative trip limit for all

participants, which in 1997, was 34,100 lb (15,468 kg); (3) the

cumulative trip limit during the regular season was attached to the

limited entry permit as well as to the vessel to prevent multiple

vessels from taking multiple cumulative trip limits within the same

cumulative limit period by transferring a permit; (4) the fishery

during the regular season ended at sea rather than dockside; (5) the

preseason closure was shortened from 72 to 48 hours, and advance

setting of pot gear was no loner allowed; and (6) the post-season

closure also was shortened from 72 to 48 hours.

However, a number of provisions remained the same as in 1996. The

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

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

greater, remained in effect during the regular and mop-up seasons.

Small daily trip limits were applied to the nontrawl fishery before and

after the ``regular'' and ``mop-up'' seasons. A 300-lb (136-kg) daily

trip limit was applied only north of 36 deg.00' N. lat., the same area

covered by the HG. On May 1, a 5,100-lb (2,313 kg) per month cap was

placed on the amount of sablefish that could be taken under the daily

trip limit north of 36 deg. N. lat. (62 FR 24845, May 7, 1997). This

cap was lowered to

[[Page 436]]

600 lb (272 kg) on July 1 (62 FR 36228, July 7, 1997), and increased

to1,500 lb (680 kg) on October 22 after the end of the mop-up season

(62 FR 53577, October 15, 1997). The 1997 daily trip limit was intended

to result in landings of about 915,000 lb (425 mt) but it appeared they

would be as high as 1.1 million lb (499 mt). Overall, limited entry

landings of sablefish in 1997 are projected to be about 160 mt below

the limited entry nontrawl allocation of 2,754 mt (based on information

updated after the November Council meeting).

Due to the decline in the HG in 1998, the limited entry nontrawl

allocation for sablefish north of 36 deg. N. lat. is reduced from 2,754

mt in 1997 to 1,652 mt in 1998. In 1998, the same daily trip limits for

the limited entry fishery will apply outside the regular and mop-up

seasons and any closures, but the cumulative limit is reduced from

1,500 lb (680 kg) per month to 1,500 lb (680 kg) per 2-month period

(excluding any harvest in the regular or mop-up seasons). The 60-

percent monthly limits described in paragraph IV.A(1)(c)(i) do not

apply here for the nontrawl sablefish fishery. The ``per trip'' limit

for nontrawl sablefish smaller than 22 inches (56 cm) remains in effect

during the regular and mop-up fisheries. The Council recommended a

number of management changes for 1998, including a 3-tier system of

assigning cumulative trip limits during the regular season, that has

not yet been published for public comment or approved by NMFS.

1998 Regular Season. The Council recommended that the limited entry

regular season begin on August 1, 1998, to reduce the probability of

poor weather (as encountered in the 1997 mop-up season), to take

advantage of favorable tidal conditions, to decrease competition with

Alaska sablefish fisheries, and to accommodate alternate fishing

opportunities. The regular season applies only north of 36 deg. N. lat.

Limited entry south of 36 deg. N. lat. In the Conception area,

where there was no HG in 1997, and landings had been below the 425-mt

ABC in 1996, the limited entry daily trip limit was set at 350 lb (159

kg) to accommodate most landings without encouraging excessive effort

shifts into that area. There was no cap on the amount that could be

landed under the daily trip limit in the Conception area. In September

1997, an option was provided that enabled a vessel to make one landing

a week above 350 lb (159 kg) but less than 1,050 lb (476 kg) (62 FR

46920, September 6, 1997). The same daily trip limit remains in effect

in 1998, but the option to make one landing above 350 lb (159 kg) is

not available in January 1998. This option may be reconsidered later in

the year.

Open access. Landings appear to be close to the open access

sablefish allocation in 1997. Therefore, for the open access fishery,

the same daily trip limits for sablefish apply in 1998 as in 1997: 300

lb (136 kg) north of 36 deg. N. lat.; 350 lb (159 kg) south of 36 deg.

N. lat., except a 2-month cumulative limit of 600 lb (272 kg) also

applies north of 36 deg. N. lat.

Whiting. The entire whiting HG of 232,000 mt was harvested in 1997:

87,069 mt by the shore-based fleet; 69,947 mt by the catcher/processing

sector; 50,395 mt by the motherships sector, and about 25,000 mt by the

Makah tribal fishery. The 10,000-lb (4,536-kg) trip limit for whiting

taken before and after the regular whiting season and inside the 100-

fathom (183-m) contour in the Eureka subarea (40 deg.30'-43 deg.00' N.

lat.) continues in effect in 1998. Additional regulations, including

the percentages used to allocate whiting among non-tribal sectors, are

found at 50 CFR 660.323(a)(4).

Whiting seasons. The opening dates of the primary seasons for

whiting also are announced herein (see paragraph IV.B.(5)(b)). They

remain the same as in 1997, except for the shore-based fishery in the

Eureka area (42 deg.-40 deg.30' N. lat. off California), which will

begin on April 1, 1998.

Nontribal whiting allocation. Because the U.S. HG and tribal

allocation did not change, the 1998 allocations for the nontribal

whiting fishery are the same as in 1997, and are listed at paragraph

IV.B. (5)(a).

Lingcod

The 2-month cumulative trip limit for lingcod in 1997 was 40,000 lb

(18,144 kg) until July 1, when it was reduced to 30,000 lb (13,608 kg)

(62 FR 36228, July 7, 1997). Lingcod smaller than 22 inches (56 cm)

could not be landed in the commercial or recreational fisheries except

for 100-lb (45-kg) per trip for trawl-caught lingcod. Landings of

lingcod in 1997 are projected at 2,162 mt (1,462 mt from the commercial

fishery and 700 mt from the recreational fishery), 238 mt below the

2,400 mt HG. The trip limit was not increased however, in recognition

of the reduced ABC in 1998, and the fear that an increase to trip

limits in 1997 would attract additional target opportunities and

excessive effort.

Lingcod involves two difficult management issues in 1998: Its

transboundary occurrence in U.S. and Canadian waters, and within U.S.

waters, relative harvest levels by commercial and recreational fishers.

The 1998 HG for lingcod is 35 percent of its 1997 level, reduced

from 2,400 mt in 1997 to 838 mt in 1998, due primarily to the results

of a new stock assessment. (The ABC is set at F35% but the HG is set at

a more precautionary F40%) There is no agreement between U.S.. and

Canadian scientists regarding the appropriate stock structure and

distribution. U.S. scientists believe the lingcod population of the

Columbia and Vancouver areas (including Canada) to be a single stock,

but Canadian scientists believe the Canadian portion of this range is

not part of the same stock as that found in northern U.S. waters.

Landings in the Canadian portion of the Vancouver area were about 900

mt in 1996. If this level of landings were to continue in 1998,

Canadian landings alone would exceed the F40% yield calculated (by U.S.

scientists) for the entire assessment area (the Columbia and Vancouver

areas, including Canadian waters).

The U.S. industry disagrees as to whether the reduction should or

could fall equally on both commercial and recreational sectors. The

838-mt HG is for total U.S. catch, including the recreational sector.

Coastwide recreational landings of lingcod in 1997 were estimated at

about 700 mt. If that level continued in 1998, recreational harvest

would comprise over 80 percent of the U.S. HG, leaving only 138 mt for

the commercial fishery. If recreational catch were reduced by 65

percent, the same reduction in the U.S. ABC from 1997 to 1998, the

recreational sector would be limited to 245 mt in 1998, leaving 593 mt

for the commercial sector.

The Council considered the management options available and

decided, after hearing considerable public testimony, to reduce both

the commercial and recreational fisheries to absorb the impact of the

reduced HG in 1998. The management measures recommended by the Council

are intended to divide the HG almost equally between the commercial and

recreational sectors, but this results in a proportionately larger

decrease for the commercial fishery. The Council recommended increasing

the size limit for all fisheries coastwide (commercial limited entry

and open access, and recreational) from 22 inches (56 cm) to 24 inches

(61 cm) and reducing the recreational bag limit off California from 5

to 3 lingcod, consistent with current bag limits off Washington and

Oregon. This would lower the recreational harvest by about 153 mt,

resulting in expected recreational harvest of about

[[Page 437]]

430 mt of the 838 mt total in 1998, even with the recommended size and

bag limit reductions. Approximately 408 mt would remain for the

commercial fishery, a 72 percent decrease since 1997. The Council also

recommended reducing the limited entry, 2-month cumulative trip limit

to 1,000 lb (454 kg) in January 1998 (compared to 40,000 lb (18,144 kg)

in January 1997), and established a new, 1,000-lb (454 kg)

2-month cumulative trip limit for the open access fishery. The new open

access cumulative limit is the same as for the limited entry fishery,

except the 60-percent monthly limits described in paragraph

IV.A.(1)(c)(i) do not apply, and the entire open access cumulative

limit may be taken at any time during the 2-month period. The

commercial fishery absorbed a greater proportion of the harvest

reduction in 1998 because the Council has not yet developed a plan for

allocating lingcod between the two fisheries. The Council is expected

to initiate discussions in the near future to address more formally the

commercial and recreational allocation of lingcod.

Black Rockfish

Black rockfish off the State of Washington continue to be managed

under the regulations at 50 CFR 660.323(a)(1) for nontribal limited

entry and open access fisheries. The State of Oregon implements trip

limits for black rockfish off the Oregon coast.

Operating in Both Limited Entry and Open Access Fisheries

Vessels using open access gear are subject to the management

measures for the open access fishery, regardless of whether the vessel

has a valid limited entry permit endorsed for any other gear. In

addition, a vessel operating in the open access fishery must not

exceeds any trip limit, frequency limit, and/or size limit (for the

same area) in the limited entry fishery, unless otherwise authorized.

A vessel that operates in both the open access and limited entry

fisheries is not entitled to two separate trip limits for the same

species. Fish caught with open access gear will also be counted toward

the limited entry trip limit. For example: In January, a trawl vessel

catches 2,700 lb (1,225 kg) of sablefish in the limited entry fishery,

and in the same month catches 500 lb (227 kg) of sablefish with shrimp

trawl (open access) gear, for a total of 3,200 lb (1,451 kg) of

sablefish. Because the open access landings are counted toward the

limited entry limit, the vessel would have exceeded its limited entry,

cumulative limit of 3,000 lb (1,361 kg) (60 percent of the 5,000-lb

(2,268-kg) 2-month cumulative limit for the limited entry fishery).

Operating in Areas with Different Trip Limits.

Trip limits may differ for a species or species complex at

different locations on the coast. Unless otherwise stated (as for black

rockfish or for species with daily trip limits), the cross-over

provisions at paragraph IV.A.(12) apply. In general, a vessel fishing

for groundfish in a more restrictive area is subject to the more

restrictive limit for the duration of that trip limit period.

Changes to Trip Limits; Closures

Unless otherwise stated (as for the nontrawl sablefish regular

season; see 50 CFR 660.323(a)(2)), a vessel must have initiated

offloading its catch before the fishery is closed or before a more

restrictive trip limit becomes effective. As in the past, all fish on

board the vessel when offloading begins are counted toward the landing

limits (See 50 CFR 660.302 for the definition of ``landing'').

Designated Species B Permits

Desginated Species B permits may be issued if the limited entry

fleet will not fully utilize the HG for Pacific whiting, shorbelly

rockfish, or jack mackerel north of 39 deg. N. lat. The limited entry

fleet has requested the full use of these species in 1998. In addition,

since no applications were received before the November 1 deadline,

NMFS does not expect to issue Designated Species B permits in 1998.

Recreational Fishing

Bag limits for rockfish remain the same in 1998 as in 1997, with

one exception; a new 3-fish bag limit is added for bocaccio off

California. The bag and size limits for lingcod also are changed in

1998: the size limit is increased from 22 inches (56 cm) to 24 inches

(61 cm) total length, and the bag limit is reduced from 5 to 3 fish off

California, which is consistent with the 3-fish bag limits off

Washington and Oregon.

IV. NMFS Actions

For the reasons stated above, the Assistant Administrator for

Fisheries, NOAA (Assistant Administrator), concurs with the Council's

recommendations and announces the following management actions for

1998, including those that are the same as in 1997.

A. General Definitions and Provisions

The following definitions and provisions apply to the 1998

management measures, unless otherwise specified in a subsequent notice:

(1) Trip limits. Trip limits are used in the commercial fishery to

specify the amount of fish that may legally be taken and retained,

possessed, or landed, per vessel, per fishing trip, or cumulatively per

unit of time, or the number of landings that may be made from a vessel

in a given period of time, as explained below.

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

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

legal fish on board, that may be taken and retained, possessed, or

landed per vessel from a single fishing trip.

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

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

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

be made in that 24-hour period. Daily trip limits may not be

accumulated during multiple day trips.

(c) A cumulative trip limit is the maximum amount that may be taken

and retained, possessed, or landed per vessel in a specified period of

time, without a limit on the number of landings or trips.

(i) Limited entry fishery. Unless otherwise specified, cumulative

trip limits in the limited entry fishery apply to 2-month periods, and

no more than 60 percent of the applicable 2-month cumulative limit may

be taken and retained, possessed or landed in either month of a 2-month

period (the ``60-percent monthly limit''). The 2-month periods are:

January-February, March-April, May-June, July-August, September-

October, and November-December. Different cumulative periods may be

announced later in the year.

[Note: NMFS has published a proposed regulation in the Federal

Register (62 FR 67010, December 29, 1997), with a request for public

comments, in which limited entry permit transfers would take effect

on the first day of a cumulative landings limit period, which are

the periods described in this paragraph IV.A.(1)(c)(i).]

(ii) Open access fishery. Unless otherwise specified (as for

sablefish north of 36 deg. N. Lat. and lingcod), cumulative trip limits

in the open access fishery apply to 1-month periods. Within these 1-

month cumulative trip limits, in any calendar month, no more than 50

percent of the applicable 2-month cumulative limit for the limited

entry fishery may be taken and retained, possessed, or landed from a

vessel in

[[Page 438]]

the open access fishery; this is called the ``50-percent monthly

limit.''

(iii) Platooning--limited entry trawl vessels. Limited entry trawl

vessels are automatically in the ``A'' platoon, unless the permit owner

indicated in the annual limited entry permit renewal that the permitted

vessel will participate in the ``B'' platoon. If a vessel is in the

``A'' platoon, its cumulative trip limit periods begin and end on the

beginning and end of a calendar month as in the past. If a limited

entry trawl permit is authorized for the ``B'' platoon, then cumulative

trip limit periods will begin on the 16th of the month (generally 2

weeks later than for the ``A'' platoon), unless otherwise specified.

(A) For a vessel in the ``B'' platoon, cumulative trip limit

periods begin on the 16th of the month and end on the 15th of the

month. Therefore, the management measures announced herein that are

effective on January 1, 1998, for the ``A'' platoon will be effective

on January 16, 1998, for the ``B'' platoon. The effective date of any

inseason changes to the cumulative trip limits also will be delayed for

2 weeks for the ``B'' platoon.

(B) A vessel authorized to operate in the ``B'' platoon may take

and retain, but may not land, groundfish from January 1, 1998, through

January 15, 1998.

(C) Special provisions will be made for ``B'' platoon vessels later

in the year so that the amount of fish made available in 1998 to both

``A'' and ``B'' vessels is the same. (For example, a vessel in the

``B'' platoon could have the same cumulative trip limit for the final

period as a vessel in the ``A'' platoon, but the final period may be 2

weeks shorter so that both fishing periods end on the same date.)

(2) Unless the fishery is closed, a vessel that has landed its

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

next legal period, so long as no fish (including, but not limited to,

groundfish with no trip limits, shrimp, prawns, or other nongroundfish

species or shellfish) are landed (offloaded) until the next legal

period. As stated at 50 CFR 660.302 (in the definition of ``landing''),

once offloading of any species begins, all fish aboard the vessel are

counted as part of the landing.

(3) All weights are round weights or round-weight equivalents

unless otherwise specified.

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

specified, apply only to legal fish on board.

(5) ``Legal fish'' means fish legally taken and retained,

possessed, or landed in accordance with the provisions of 50 CFR part

660, the Magnuson-Stevens Fishery Conservation and Management Act

(Magnuson-Stevens Act), any notice issued under part 660, and any other

regulation promulgated or permit issued under the Magnuson-Stevens Act.

(6) Size limits and length measurement. Unless otherwise specified,

size limits in the commercial and recreational groundfish fisheries

apply to the longest measurement of the fish without mutilation of the

fish or the use of force to extend the length of the fish. No fish with

a size limit may be retained if it is in such condition that its length

has been extended or cannot be determined by these methods.

(a) For a whole fish, total length is measured from the tip of the

snout (mouth closed) to the tip of the tail in a natural, relaxed

position.

(b) For a fish with the head removed (``headed''), the length is

measured from the origin of the first dorsal fin (where the front

dorsal fin meets the dorsal surface of the body closest to the head) to

the tip of the upper lobe of the tail; the dorsal fin and tail must be

left intact.

(7) ``Closure,'' when referring to closure of a fishery, means that

taking and retaining, possessing, or landing the particular species or

species group is prohibited. (See 50 CFR 660.302.) Unless otherwise

announced in the Federal Register, offloading must begin before the

time the fishery closes.

[Note: Special provisions are made for an at-sea closure at the end

of the regular season for the sablefish limited entry fishery. See

50 CFR 660.323(a)(2).]

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

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

offshore, bounded on the north by the Provisional International

Boundary between the United States and Canada, and bounded on the south

by the International Boundary between the United States and Mexico. All

groundfish possessed between 0-200 nm offshore, or landed in,

Washington, Oregon, or California are presumed to have been taken and

retained from the EEZ, unless otherwise demonstrated by the person in

possession of those fish.

(9) In season changes to trip limits are announced in the Federal

Register. Most trip and bag limits in the groundfish fishery have been

designated ``routine,'' which means they may be changed rapidly after a

single Council meeting. Information concerning changes to trip limits

is available from the NMFS Northwest and Southwest Regional Offices

(see ADDRESSES). Changes to trip limits are effective at the times

stated in the Federal Register. Once a change is effective, it is

illegal to take and retain, possess, or land more fish than allowed

under the new trip limit. This means, unless otherwise announced in the

Federal Register, offloading must begin before the time a fishery

closes or a more restrictive trip limit takes effect.

(10) It is unlawful for any person to take and retain, possess, or

land groundfish in excess of the landing limit for the open access

fishery without having a valid limited entry permit for the vessel

affixed with a gear endorsement for the gear used to catch the fish (50

CFR 660.306(p)).

(11) Operating in both limited entry and open access fisheries.

The open access trip limit applies to any fishing conducted with

open access gear, even if the vessel has a valid limited entry permit

with an endorsement for another type of gear. A vessel that operates in

both the open access and limited entry fisheries is not entitled to two

separate trip limits for the same species. Fish caught with open access

gear will also be counted toward the limited entry trip limit.

(12) Operating in areas with different trip limits. Trip limits for

a species or species complex may differ in different geographic areas

along the coast. The following ``crossover'' provisions apply to

vessels operating in different geographical areas that have different

cumulative or ``per trip'' trip limits for the same species or species

complex. They do not apply to species that are only subject to daily

trip limits, or to the trip limits for black rockfish off the State of

Washington (see 50 CFR 660.323(a)(1)). In 1998, the trip limit period

for cumulative trip limits is 2 months for the limited entry fishery

and 1 month for the open access fishery, unless otherwise specified.

(a) Going From A More Restrictive To A More Liberal Area: If a

vessel takes and retains any species of groundfish in an area where a

more restrictive trip limit applies, before fishing in an area where a

more liberal trip limit (or no trip limit) applies, then that vessel is

subject to the more restrictive trip limit for the entire period to

which that trip limit applies, no matter where the fish are taken and

retained, possessed, or landed.

(b) Going From A More Liberal To A More Restrictive Area: If a

vessel takes and retains a species (or species complex) in an area

where a higher trip limit (or no trip limit) applies, and takes and

retains, possesses or lands the same species (or special complex) in an

area where a more restrictive trip limit applies, then that vessel is

subject to the

[[Page 439]]

more restrictive trip limit for that trip limit period.

(13) Sorting. 50 CFR 660.306(h) make it unlawful for any person to

``fail to sort, prior to the first weighing after off loading, those

groundfish species or species groups for which there is a trip limit,

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

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

the limited entry and open access fisheries. A proposed rule was

published in the Federal Register at 62 FR 67610, December 29, 1997,

with a request for public comments, that would require all species or

species groups with a trip limit, size limit, HG, or quota to be

sorted. There would be no exception for landings under 3,000 lb (1,361

kg). The States of Washington and Oregon already have the same or

similar requirements.

(14) Exempted fisheries. U.S. vessels operating under an exempted

(formerly experimental) fishing permit issued under 50 CFR part 600

also are subject to these restrictions, unless otherwise provided in

the permit.

(15) Paragraphs IV.B. through IV.C. pertain to the commercial

groundfish fishery, but not to Washington coastal tribal fisheries

which are described in paragraph V. The provisions in paragraphs IV.B

through IV.C. that are not covered under the headings ``limited entry''

or ``open access'' apply to all vessels in the commercial fishery that

take and retain groundfish, unless otherwise stated. Paragraph IV.D.

pertains to the recreational fishery.

(16) Commonly used geographical coordinates.

(a) Cape Falcon, OR--45 deg.46' N. lat.

(b) Cape Lookout, OR--45 deg.20'15'' N. lat.

(c) Cape Mendocino, CA--40 deg.30' N. lat.

(d) Point Arena, CA--38 deg.57'30'' N. lat.

(e) Point Conception, CA--34 deg.27' N. lat.

(f) International North Pacific Fisheries Commission (INPFC)

subareas (for more precise coordinates for the Canadian and Mexican

boundaries, see 50 CFR 660.304):

(i) Vancouver--U.S.-Canada border to 47 deg.30' N. lat.

(ii) Columbia--47 deg.30' to 43 deg.00' N. lat.

(iii) Eureka--43 deg.00' to 40 deg.30' N. lat.

(iv) Monterey--40 deg.30' to 36 deg.00' N. lat.

(v) Conception--36 deg.00' N. lat. to the U.S.-Mexico border.

B. Limited Entry Fishery

(1) Widow Rockfish (commonly called brownies). The cumulative trip

limit for widow rockfish is 25,000 lb (11,340 kg) per vessel per 2-

month period. The 60-percent monthly limit is 15,000 lb (6,804 kg).

(2) Sebastes Complex (including Bocaccio, Yellowtail, and Canary

Rockfish).

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

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

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

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

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

paucispinis) are commonly called rock salmon. Canary rockfish (S.

pinniger) are commonly called orange rockfish. This definition also

applies the open access fishery.

(b) Cumulative trip limits. The cumulative trip limit for the

Sebastes complex is 40,000 lb (18,144 kg) north of Cape Mendocino or

150,000 lb (68,039 kg) south of Cape Mendocino, per vessel per 2-month

period. Within the cumulative trip limit for the Sebastes complex, no

more than 11,000 lb (4,990 kg) may be yellowtail rockfish taken and

retained north of Cape Mendocino, no more than 2,000 lb (907 kg) may be

bocaccio taken and retained south of Cape Mendocino, and no more than

15,000 lb (6,804 kg) may be canary rockfish.

(c) The 60-percent monthly limits are: For the Sebastes complex,

24,000 lb (10,886 kg) north of Cape Mendocino, and 90,000 lb (40,823

kg) south of Cape Mendocino; for yellowtail rockfish, 6,600 lb (2,994

kg) north of Cape Mendocino; for bocaccio, 1,200 lb (5,443 kg) south of

Cape Mendocino; and for canary rockfish coastwide, 9,000 lb (4,082 kg).

(d) For operating in areas with different trip limits for the same

species, see paragraph IV.A. (12) above.

(3) POP. The cumulative trip limit for POP is 8,000 lb (3,629 kg)

per vessel per 2-month period. The 60-percent monthly limit is 4,800 lb

(2,177 kg).

(4) Sablefish and the DTS Complex (Dover Sole, Thornyheads, and

Trawl-Caught Sablefish.

(a) 1998 Sablefish Management goal. The limited entry sablefish

fishery will be managed to achieve the 1998 commercial HGs of 4,680 mt

north of 36 deg. N. lat. and 425 mt south of 36 deg. N. lat.

(b) Gear allocations. After subtracting the tribal-imposed catch

limit and the open access allocation from the HG for sablefish north of

36 deg. N. lat. the remainder is allocated 58 percent to the trawl

fishery and 42 percent to the nontrawl fishery.

[Note: The 1998 ABC for sablefish north of 36 deg. N. lat. is

5,200 mt. The trawl allocation is 2,282 mt and the nontrawl

allocation is 1,652 mt. See footnote g/ of Table 1.]

(c) Limited entry trip and size limits for the DTS complex. ``DTS

complex'' means Dover sole (Microstomus pacificus), thornyheads

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

Sablefish are also called backcod. Thornyheads, also called idiots,

channel rockfish, or hardheads, include two species: Shortspine

thornyheads (S. alascanus) and longspine thornyheads (S. altivelis).

These provisions apply to Dover sole and thornyheads caught with any

limited entry gear and to sablefish caught with limited trawl gear.

This definition aslo applies for the open access fishery.

(i) January-February 1998. In January-February 1998, the 2-month

cumulative trip limit for the DTS complex is 59,000 lb (26,762 kg) per

vessel. Within this cumulative trip limit, no more than 5,000 lb (2,268

kg) may be sablefish, no more than 40,000 lb (18,144 kg) may be Dover

sole, no more than 10,000 lb (4,536 kg) may be longspine thronyheads,

and no more than 4,000 lb (1,814 kg) may be shortspine thornyheads.

(ii) March 1988. Beginning in March 1998, the 2-month cumulative

trip limit for the DTS complex is 37,999 lb (16,783 kg) per vessel.

Within this cumulative trip limit, no more than 5,000 lb (2,268 kg) may

be sablefish, no more than 18,000 lb (8,165 kg) may be Dover sole, no

more than 10,000 lb (4,536 kg) may be longspine thornyheads, and no

more than 4,000 lb (1,814 kg) may be shortspine thornyheads.

(iii) The 60-percent monthly limits are: For the DTS complex,

35,400 lb (16,057) in January-February and 22,200 lb (10,070 kg) per 2-

month period starting in March; for trawl-caught sablefish, 3,000 lb

(1,361 kg) for each 2-month period; for Dover sale, 24,000 lb (10,886

kg) in January-February, and 10,800 lb (4,899 kg) per 2-month period

starting in March; for longspine thornyheads, 6,000 lb (2,722 kg) for

each 2-month period; and for shortspine thornyheads, 2,400 lb (1,089

kg) for each 2-month period. (iii) In any trip, no more than 500 lb

(227 kg) may be trawl-caught sablefish smaller than 22 inches (56 cm)

total length. (See paragraph IV.A.(6) regarding length measurement.)

(d) Nontrawl trip and size limits. To participate in the regular,

or mop-up season for the nontrawl limited entry sablefish fishery, the

owner of a vessel must hold a limited entry permit for that vessel,

affixed with both a gear

[[Page 440]]

endorsement for longline or trap (or pot) gear, and a sablefish

endorsement. See 50 CFR 663.23(a)(2)(i). A sablefish endorsement is not

required to participate in the limited entry daily trip fishery.

(i) Regular season. The regular season will begin at 12 noon (local

time) on August 1, 1998. The management structure of the regular

season, including season duration, closed periods, and trip limits will

be announced with the 1998 limited entry nontrawl sablefish season

regulations.

(ii) Daily trip limit. The daily trip limit, which applies to

sablefish of any size, is in effect north of 36 deg. N. lat. until the

closed periods before or after the regular season as specified at 50

CFR 660.323(a)(2), between the end of the regular season and the

beginning of the mop-up season, and after the mop-up season. The daily

trip limit is expected to be in effect throughout the year in Federal

waters south of 36 deg. N. lat.

(A) The daily trip limit for sablefish taken and retained with

nontrawl gear north of 36 deg. N. lat. is 300 lb (136 kg), which counts

toward a cumulative trip limit of 1,500 lb (680 kg) per 2-month period.

(Landings from the regular or mop-up seasons do not count toward this

cumulative limit, and the 60-percent monthly limits described at

paragraph (V.A.(1)(c)(i) do not apply.)

(B) The daily trip limit for sablefish taken and retained with

nontrawl gear south of 36 deg. N. lat is 350 lb (159 kg) with no

cumulative limit on the amount of sablefish that may be retained in a

month.

(iii) Limit on small fish. During the ``regular'' or ``mop-up''

season, there is a trip limit in effect for sablefish smaller than 22

inches (56 cm) total length, which may comprise no more than 1,500 lb

(680 kg) or 3 percent of all legal sablefish 22 inches (56 cm) (total

length) or larger, whichever is greater. (See paragraph IV.A.(6)

regarding length measurement.) This trip limit counts toward any other

cumulative trip limit that may be in effect.

(e) Conversions. The following conversions apply to both the

limited entry and open access fisheries. For headed and gutted

(eviscerated) sablefish:

(i) The minimum size limit for headed sablefish, which corresponds

to 22 inches (56 cm) total length for whole fish, is 15.5 inches (39

cm).

(ii) The conversion factor established by the state where the fish

is or will be landed will be used to convert the processed weight to

round weight for purposes of applying the trip limit. (The conversion

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

the state conversion factors may differ; fisherman should contact

fishery enforcement officials in the state where the fish will be

landed to determine that state's official conversion factor.)

(5) Whiting. Additional regulations that apply to the whiting

fishery are found at 50 CFR 660.306 and 50 CFR 660.323(a) (3) and (4).

(a) Allocations. The nontribal allocations are HGs, based on

percentages that are applied to the commercial HG (see 50 CFR

660.323(a)(4)), as follows:

(i) Catcher/processor sector--70,400 mt (34 percent);

(ii) Mothership sector--49,700 mt (24 percent);

(iii) Shore-based sector--86,900 mt (42 percent). No more than 5

percent (4,345 mt) of the shore-based whiting allocation may be taken

before the shore-based fishery begins north of 42 deg. N. lat.

(iv) Tribal allocation--See paragraph V.

(b) Seasons. The 1998 primary seasons for the whiting fishery are

as follows (see 50 CFR 660.323(a)(3)):

(i) Catcher/processor sector--May 15;

(ii) Mothership sector--May 15;

(iii) Shore-based sector--June 15 north of 42 deg. N. lat.; April 1

between 42 deg.-40 deg.30' N. lat. (the Eureka area); April 15 south of

40 deg.30' N. lat.

(c) Trip limits.

(i) Before and after the regular season. No more than 10,000 lb

(4,536 kg) of whiting may be taken and retained, possessed, or landed,

per vessel per fishing trip before and after the regular season for

whiting, as specified at 50 CFR 660.323(a) (3) and (4). This trip limit

includes any whiting caught shoreward of 100 fathoms (183 m) in the

Eureka subarea.

(ii) Inside the Eureka 100-fm contour. No more than 10,000 lb

(4,536 kg) of whiting may be taken and retained, possessed, or landed

by a vessel that, at any time during a fishing trip, fished in the

fishery management area shoreward of the 100-fathom (183-m) contour (as

shown on NOAA Charts 18580, 18600, and 18620) in the Eureka subarea.

(6) Lingcod.

(a) Trip limits. The cumulative trip limit for lingcod is 1,000 lb

(454 kg) per vessel per 2-month period. The 60-percent monthly limit is

600 lb (272 kg). No lingcod may be smaller than 24 inches (61 cm) total

length, except for a 100-lb (45-kg) trip limit for trawl-caught lingcod

smaller than 24 inches (61 cm). Length measurement is explained at

paragraph IV.A.(6).

(b) Conversions. The following conversions apply in both limited

entry and open access fisheries.

(i) Size conversion. For lingcod with the head removed, the minimum

size limit, which corresponds to 24 inches (61 cm) total length for

whole fish, is 19.5 inches (49.5 cm).

(ii) Weight conversion. The conversion factor established by the

state where the fish is or will be landed will be used to convert the

processed weight to round weight for purposes of applying the trip

limit. (The states' conversion factors may differ and fishers should

contact fishery enforcement officials in the state where the fish will

be landed to determine that state's official conversion factor.) If a

state does not have a conversion factor for lingcod that is headed and

gutted, or only gutted, the following conversion factors will be used.

To determine the round weight, multiply the processed weight times the

conversion factor.

(A) Headed and gutted. The conversion factor for headed and gutted

lingcod is 1.5. (The State of Washington currently uses a conversion

factor of 1.5.)

(B) Gutted, with the head on. The conversion factor for lingcod

that has only been gutted is 1.1.

(7) Black rockfish. The regulations at 50 CFR 660.323(a)(1) state:

``The trip limit for black rockfish (Sebastes melanops) for commercial

fishing vessels using hook-and-line gear between the U.S.-Canada border

and Cape Alava (48 deg.09'30'' N. lat.), and between Destruction Island

(47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. lat.),

is 100 lb (45 kg) or 30 percent, by weight of all fish on board,

whichever is greater, per vessel per fishing trip.'' These limits apply

to limited entry and open access fisheries. The crossover provisions at

paragraphs IV.A.(12) do not apply.

C. Trip Limits in the Open Access Fishery

Open access gear is gear used to take and retain groundfish from a

vessel that does not have a valid limited entry permit for the Pacific

coast groundfish fishery with an endorsement for the gear used to

harvest the groundfish. This includes longline, trap, pot, hook-and-

line (fixed or mobile), set net (south of 38 deg. N. lat. only), and

exempted trawl gear (trawls used to target non-groundfish species: pink

shrimp or prawns, and, south of Pt. Arena, CA (38 deg.57'30'' N. lat.),

California halibut or sea cucumbers). Unless otherwise specified, a

vessel operating in the open access fishery is subject to, and must not

exceed the lesser of: Any trip limit, frequency limit, and/or size

limit for the open access fishery; or, in any calendar month, 50

percent of any 2-month

[[Page 441]]

cumulative trip limit for the same area in the limited entry fishery,

called the ``50-percent monthly limit.'' Fish harvested under the 50-

percent monthly limits also count toward the open access limits for

rockfish or groundfish, as applicable. For purposes of this paragraph,

exempted trawl gear (trawl gear that is used to harvest shrimp, prawns,

California halibut or sea cucumbers as provided in this paragraph C.)

may not exceed any limit for the limited entry trawl fishery, or 50

percent of any 2-month cumulative limit that applies to limited entry

trawl gear, unless otherwise specified. The crossover provisions at

paragraph IV.A.(12) that apply to the limited entry fishery apply to

the open access fishery as well. The conversions at paragraphs

IV.B.(4)(e) for sablefish and IV.B.(6)(b) for lingcod also apply to the

open access fishery.

(1) Rockfish. Rockfish means all rockfish as defined at 50 CFR

660.302, which includes the Sebastes complex (including yellowtail

rockfish, bocaccio, and canary rockfish), shortbelly rockfish, widow

rockfish, POP, and thornyheads.

(a) All open access gear (includes exempted trawl gear).

(i) Thornyheads. Thornyheads (shortspine and longspine) may not be

taken and retained, possessed, or landed north of Pt. Conception. South

of Pt. Conception, the daily trip limit for thornyheads is 50 lb (23

kg). (The 50-percent monthly limit is not relevant for thornyheads

south of Pt. Conception because it is much larger than the amount that

could be taken under the daily trip limits.)

(ii) Widow rockfish. The 50-percent monthly limit for widow

rockfish is 12,500 lb (5,670 kg).

(iii) POP. The 50-percent monthly limit for POP is 4,000 lb (1,814

kg).

(iv) Sebastes complex. The 50-percent monthly limit for the

Sebastes complex north of Cape Mendocino is 20,000 lb (9,072 kg). (The

50-percent monthly limit is not relevant for exempted trawl gear north

of Cape Mendocino, or for any open access gear south of Cape Mendocino

because it would be larger than the open access limits.) The 50-percent

monthly limits for yellowtail rockfish, bocaccio, and canary rockfish

are counted toward the 50-percent monthly limit for the Sebastes

complex.

(A) Yellowtail rockfish. The 50-percent monthly limit for

yellowtail rockfish is 5,500 lb (2,495 kg) north of Cape Mendocino;

(B) Bocaccio. The 50-percent monthly limit for bocaccio is 1,000 lb

(454 kg) south of Cape Mendocino. (The 50-percent monthly limit does

not apply to setnets and trammel nets which have a higher limit--see

paragraph IV.C.(1)(b)(ii));

(C) Canary rockfish. The 50-percent monthly limit for canary

rockfish is 7,500 lb (3,402 kg).

(b) Hook-and-line, pot, setnet, trammel net. The cumulative monthly

trip limit for rockfish is 40,000 lb (18,144 kg) per vessel per month,

and includes the daily trip limit for thorny-heads and the other limits

in paragraph IV.C. (1)(a) above. The following trip limits also apply,

which count toward the cumulative monthly limit:

(i) Hook-and-line or pot gear: 10,000 lb (4,536 kg) of rockfish per

vessel per fishing trip, of which no more than 250 lb (113 kg) may be

bocaccio taken and retained south of Cape Mendocino. As stated in

paragraph IV.C.(1)(iv)(B) above, no more than 1,000 lb (454 kg)

cumulative per month may be bocaccio taken and retained south of Cape

Mendocino. The trip limit at 50 CFR 660.323(a)(i) for black rockfish

caught with hook-and-line gear also applies and is counted toward the

cumulative Sebastes and rockfish limits (The black rockfish limit is

also stated in paragraph IV.B.(7).)

(ii) Setnet or trammel net gear (legal only south of 38 deg. N.

lat.): 2,000 lb (907 kg) cumulative per month of bocaccio taken and

retained south of Cape Mendocino. [Note: The open-access limit is

intentionally larger than the limited entry limit of 1,000 lb (454 kg)

per 2-month period.]

(2) Sablefish.

(a) Hook-and-line, pot, setnet, trammel net.

[Note: There is no 50-percent monthly limit for open access

sablefish taken with nontrawl gear because the limited entry

nontrawl fishery is not managed with 2-month cumulative trip

limits.]

(i) North of 36 deg.00' N. lat. North of 36 deg.00' N. lat., the

daily trip limit for sablefish is 300 lb (136 kg), which counts toward

a cumulative trip limit of 600 lb (272 kg) per 2-month period.

[Note: In 1997, the open access cumulative trip limit applied to 1-

month period.]

The 2-month cumulative limit may be taken at any time during the 2-

month period; there is no 60-percent monthly limit for the open access

fishery.

(ii) South of 36 deg.00' N. lat. The daily trip limit for sablefish

taken and retained south of 36 deg.00' N. lat. is 350 lb (159 kg).

(b) Exempted trawl gear. The 50-percent monthly limit of 2,500 lb

(1,134 kg) applies to sablefish taken and retained with exempted trawl

gear.

(3) Lingcod. The 2-month cumulative trip limit for lingcod is 1,000

lb (454 kg) and applies to all open access gear, including exempted

trawl gear. The 2-month cumulative limit may be taken at any time

during that 2-month period; there is no 60-percent monthly limit for

the open access fishery. The 50-percent monthly limit does not apply.

(4) Dover sole. The 50-percent monthly trip limit for Dover sole is

20,000 lb (9,072 kg) in January-February 1998 and 9,000 lb (4,082 kg)

starting in March 1998. It applies to all open access gear, except it

is not relevant for exempted trawl gear in January-February 1998

because then it is larger than the amount of groundfish that any

legally be taken with exempted trawl gear.

(5) Groundfish taken by shrimp or prawn trawl. The daily trip

limits, which count toward the trip limit for groundfish, are: for

sablefish coastwide, 300 lb (136 kg); and for thornyheads south of Pt.

Conception, 50 lb (23 kg). The limits in paragraphs IV.C.(1)(a),

(2)(b), (3), and (4) also apply.

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

pink shrimp is 500 lb (227 kg) of groundfish, multiplied by the number

of days of the fishing trip. The daily trip limits for sablefish and

thornyheads may not be multiplied by the number of days of the fishing

trip.

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

in fishing for spot or ridgeback prawns is 500 lb (227 kg) of

groundfish species per fishing trip.

(c) State law. These trip limits are not intended to supersede any

more restrictive state law relating to the retention of groundfish

taken in shrimp or prawn pots or traps.

(6) Groundfish taken by California halibut or sea cucumber trawl.

The trip limit for a vessel participating in the California halibut

fishery or in the sea cucumber fishery south of Point Arena, CA

(38 deg.57'30'' N. lat.) is 500 lb (227 kg) of groundfish per vessel

per fishing trip. The daily trip limits, which count toward the trip

limit for groundfish, are: for sablefish, 300 lb (136 kg); and for

thornyheads south of Pt. Conception, 50 lb (23 kg). The limits in

paragraphs IV.C.(1)(a), (2)(b), (3), and (4) also apply.

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

California halibut fishery if:

(i) It is not fishing under a valid limited entry permit issued

under 50 CFR part 660.333 for trawl gear;

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

(iii) The landing includes California halibut of a size required by

California Fish and Game Code section 8392(a), which states: ``No

California halibut

[[Page 442]]

may be taken, possessed or sold which measures less than 22 inches in

total length, unless it weighs four pounds or more in the round, three

and one-half pounds or more dressed with the head on, or three pounds

or more dressed with the head off. Total length means the shortest

distance between the tip of the jaw or snout, whichever extends

farthest while the mouth is closed, and the tip of the longest lobe of

the tail, measured while the halibut is lying flat in natural repose,

without resort to any force other than the swinging or fanning of the

tail.''

(b) A trawl vessel will be considered to be participating in the

sea cucumber fishery if:

(i) It is not fishing under a valid limited entry permit issued

under 50 CFR part 660.333 for trawl gear;

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

(iii) The landing includes sea cucumbers taken in accordance with

California Fish and Game Code section 8396, which requires a permit

issued by the State of California.

D. Recreational Fishery

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

recreational fishing seaward of the State of California are: 3 lingcod

per day, which may be no smaller than 24 inches (61 cm) total length;

and 15 rockfish per day, of which no more than may be bocaccio. Multi-

day limits are authorized by a valid permit issued by the State of

California and must not exceed the daily limit multiplied by the number

of days in the fishing trip.

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

fishing seaward of the State of Oregon are: 3 lingcod per day, which

may be no smaller than 24 inches (61 cm) total length; and 15 rockfish

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

melanops).

(3) Washington. The bag limits for each person engaged in

recreational fishing seaward of the State of Washington are: 3 lingcod

per day no smaller than 24 inches (61 cm) total length; and 10 rockfish

per day.

V. Washington Coastal Tribal Fisheries

In late 1994, the U.S. government formally recognized the treaty

right to fish for groundfish of the four Washington Coastal Treaty

tribes (the Makah, Quileute, Hoh, and Quinault), and concluded that in

general terms the quantification of the right is 50 percent of the

harvestable surplus of groundfish available in the tribes' usual and

accustomed fishing areas (described at 50 CFR 660.324).

A tribal allocation is subtracted from the species HG before

limited entry and open access allocations are derived. The treaty

Indian fisheries for sablefish, black rockfish, and whiting are

separate fisheries, not governed by the limited entry or open access

regulations or allocations. The tribes regulate their fisheries so as

not to exceed their allocations. Tribal fishing for rockfish with fixed

gear will operate under the same rules as the open access fishery, with

one exception. The coastal tribes intend to implement a 300-lb (136-kg)

trip limit for thornyheads taken with longline gear, which is expected

to result in landings of 8,000-10,000 lb (3,629-4,536 kg). For other

groundfish species, Makah tribal members may use midwater trawl gear to

take and retain groundfish for which there is no tribal allocation;

those who do so will be subject to the trip landing and frequency and

size limits applicable to the limited entry fishery (50 CFR

660.324(k)). Additional background regarding the tribal allocations

appears at 61 FR 28786, June 6, 1996 and 62 FR 700, January 7, 1997 and

the EA and updated analysis for those actions.

The tribal allocations for black rockfish and whiting are the same

in 1998 as in 1997, and are based on the same rationale. The whiting

allocation remains in effect as discussions on quantification of the

treaty right continue in 1998. The tribal allocation for salbefish

remains at 10 percent of the HG, and therefore is reduced from 780 mt

in 1997 to 468 mt in 1998, to reflect the reduction in the HG.

The tribal longline fishery has operated under the same

restrictions as the open access fishery; therefore, no special

provisions have been needed for this fishery. However, with the

prohibition of retention of thornyheads in the open access fishery

north of 36 deg.N. lat., (while thoryheads are retained in the limited

entry fishery), the tribal fishery operating under open access rules

had no opportunity to retain even incidental amounts of thornyheads.

Therefore, in order to allow tribal fishers at least an opportunity for

the incidental harvest of species harvested by non-treaty fishers, a

300-lb (136 kg) ``per trip'' limit is established for the tribal

longline fishery. NMFS Actions

For the reasons stated above, the Assistant Administrator (AA)

announces the following tribal allocations for 1998, including those

that are the same as in 1997:

Sablefish: 468 mt, 10 percent of the HG.

Rockfish: For the commercial harvest of black rockfish off

Washington State an HG of: 20,000 lb (9,072 kg) north of Cape Alava

(48 deg.09'30'' N. lat.) and 10,000 lb (4,536 kg) between Destruction

Island (47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N.

lat.). this 30,000 lb (13.6 mt) is subtracted from the HG for the

northern Sebastes complex. Thornyheads taken and retained with longline

gear are subject to a 300 lb (136 kg) trip limit, which is expected to

result in landings of 8,000-10,000 lb (3,629-4,536 kg).

Whiting: 25,000 mt for the Makah tribe in 1998, 10.8 percent of the

HG.

VI. Issuance of Exempted Fishing Permits (EFPs) In 1997

In 1996, renewals were requested and approved for three different

types of EFPs (formerly called ``experimental fishing permits''): (1)

The first was from the State of Oregon (representing Washington and

California as well) for the purpose of renewing the 1996 EFP to monitor

the bycatch of salmon in the shore-based whiting fishery. Under this

permit, 45 vessels were issued EFPs that required all salmon caught

incidentally in the whiting fishery to be landed shore-side. A

variation of the whiting EFP also was requested by the State of

California so that a small number of fishers could be allowed to fish

for whiting inside of the 100-fathom (183-m) contour in the Eureka

Management Area, which currently is prohibited. The purpose was to see

if the bycatch rate of salmon could be kept at acceptable levels by

this small, shore-based sector of the fleet delivering to Eureka and

Crescent City, CA. At-sea observers would be abroad all whiting trips.

Even though this variation to the whiting EFP was approved, the

industry declined to participate.

(2) The second EFP was for a new, enhanced data collection program

that applied to the other groundfish fisheries. The application was

submitted by the State of Oregon, but could include involvement by the

States of Washington and California as well. This is a multi-year

cooperative data collection program with the industry and state and

Federal governments. Twenty-five EFPs were issued in 1997. The purpose

of the experiment was to monitor trip-limit-induced discards and the

bycatch of salmon and other non-target species in the groundfish trawl

fishery. All participating vessels were required to land salmon caught

incidentally in groundfish trawl gear and to keep enhanced logbooks

required by the States. Some vessels were required to carry at-sea

observers to monitor trip-limit induced discards, and some vessels

could have been required to bring virtually their entire catch to shore

for additional monitoring

[[Page 443]]

although this occurred infrequently in 1997.

(3) The purpose of the third EFP was to collect reproductive

samples for sablefish to test assumptions in the stock assessment for

that species. An EFP was requested because a vessel would have been

authorized to land 500 lb (227 kg) in excess of the cumulative trip

limit for trawl-caught sablefish (for a total of 5 mt in 1996), and

would have been able to sell the scientific samples. A state or Federal

scientist would have been aboard every trip to gather the biological

data. Although this permit was approved and issued, it had not been

used at the time this notice was prepared in late 1997--fish were

obtained directly from processors and the EFP was not needed.

VII. EFPS Requested for 1998

NMFS has approved requests to renew the whiting and enhanced data

collection EFPs for 1998. The whiting EFP described in paragraph VI.

will be continued, pending development and implementation of a

regulation that would authorize salmon to be retained and landed in

appropriate circumstances. Fishers are concerned that their practice of

dumping codends directly into the hold would make monitoring of trip

limits difficult, if not impossible, and wanted the EFP continued

because it results in the forfeiture of overages but does not impose

penalties for overages. The scope of the experiment and level of

participation will be the same as in 1997.

Continuation of the enhanced data collection program described in

paragraph VI. will also include several minor changes. The major change

will enable data to be obtained on a vessel throughout its fishing

activities in a month, even if the vessel is not fishing for

groundfish. This will provide information on groundfish bycatch in

other fisheries (particularly shrimp fisheries) and on a fisher's

choice to pursue alternative fisheries or fishing strategies. The

program also could be expanded to include whiting fisheries when the

whiting EFP no longer is in effect.

Requests for these EFPs were presented at the Council's November

1997 meeting. Comments on the EFP programs were invited at the November

1997 Council meeting and the Council recommended approval. Now that

NMFS has approved the renewal, the whiting EFPs could be issued as

early as March 1 for vessels delivering in the State of California, and

in the spring for vessels operating under the enhanced data collection

EFP.

Classification

The final specifications and management measures for 1998 are

issued under the authority of, and are in accordance with, the

Magnuson-Stevens Act and 50 CFR parts 600 and 660 subpart G (the

regulations implementing the FMP).

Much of the data necessary for these specifications and management

measures came from the current fishing year. Because of the timing of

the receipt, development, review, and analysis of the fishery

information necessary for setting the initial specifications and

management measures, and the need to have these specifications and

management measures in effect at the beginning of the 1998 fishing

year, the AA has determined that there is good cause under 5 U.S.C.

553(b)(B) to waive prior notice and opportunity for public comment for

the specifications and management measures. Amendment 4 to the FMP,

implemented on January 1, 1991, recognized these timeliness

considerations and set up a system by which the interested public is

notified, through Federal Register publication and Council mailings, of

meetings and of the development of these measures and is provided the

opportunity to comment during the Council process. The public

participated in GMT, Groundfish Advisory Subpanel, Scientific and

Statistical Committee, and Council meetings in September and November

1997 where these recommendations were formulated. Additional public

comments on the specifications and management measures will be accepted

for 30 days after publication of this document in the Federal Register.

The Assistant Administrator (AA) will consider all comments made during

the public period and may make modifications as appropriate.

The harvest specifications and the management measures designed to

achieve those specifications announced by this rule do not require any

time to come into compliance with. As described above, the interested

public has participated in the Council process where these regulations

were formulated. The Council has provided information to the industry

on the above management measures and specifications through the U.S.

Coast Guard Notice to Mariners and the States of Washington, Oregon,

and California will also deciminate information. Therefore, the AA

finds, under 5 U.S.C. 553(d)(3), as applicable, that it would be

unnecessary or contrary to the public interest to delay the effective

date of the specifications and management measures.

NEPA: For the Annual Specifications and Management Measures and

Exempted Fishing Permits--An Environmental Impact Statement (EIS) was

prepared for the FMP in 1982 and Supplemental EISs was prepared for

Amendments 4 and 6 in accordance with the National Environmental Policy

Act (NEPA). The alternatives considered and environmental impacts of

the actions in this notice are not significantly different than those

considered in either the EIS or SEISs for the FMP, and the actions fall

within the scope of these analyses. The Council prepared an

environmental assessment (EA) which was the basis for this conclusion.

For the Makah Whiting Allocation: An EA also was prepared for the

tribal groundfish rule at 61 FR 28786 which concluded that the proposed

1996 Makah allocation would have no significant impact on the human

environment. NMFS updated the EA for 1997 and concluded, as it did in

1996, that the 1997 Makah allocation would have no significant impact

on the human environment. The 1998 whiting HG and allocation are the

same as in 1997 and are within the scope previously analyzed; therefore

an additional EA was not prepared. Therefore this action is

categorically excluded from the NEPA requirements to prepare an

environmental assessment in accordance with paragraph 6.02b3(a) of the

NOAA Administrative Order 216-6.

Dated: December 30, 1997.

Hilda Diaz-Soltero,

Acting Assistant Administrator, for Fisheries, National Marine

Fisheries Service.

[FR Doc. 97-34234 Filed 12-31-97; 10:15 am]

BILLING CODE 3510-22-P