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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.
 [Federal Register: January 7, 2003 (Volume 68, Number 4)]
[Proposed Rules]
[Page 936-989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja03-11]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021209300-2300-01; I.D. 112502C]
RIN 0648-AQ18
 
Magnuson-Stevens Act Provisions; Fisheries off West Coast States 
and in the Western Pacific; Pacific Coast Groundfish Fishery; Annual 
Specifications and Management Measures


AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.


ACTION: Proposed rule; request for comments.


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SUMMARY: NMFS proposes a rule to implement the 2003 fishery 
specifications and management measures for groundfish taken in the U.S. 
exclusive economic zone (EEZ) and State waters off the coasts of 
Washington, Oregon, and California. The proposed rule includes the 
levels of the acceptable biological catch (ABC) and optimum yields 
(OYs). The commercial OYs (the total catch OYs reduced by tribal 
allocations and by amounts expected to be taken in recreational and 
compensation fisheries, which is when a portion of the OY for a 
groundfish species is used as whole or partial compensation for 
resource surveys that were conducted using private vessels) proposed in 
this rule would be allocated between the limited entry and open access 
fisheries and between different sectors of the limited entry fleet. 
Proposed management measures for 2003 are intended to prevent 
overfishing; rebuild overfished species; reduce and minimize the 
bycatch and discard of overfished and depleted stocks; provide 
equitable harvest opportunity for both recreational and commercial 
sectors; and, within the commercial fisheries, achieve harvest 
guidelines and limited entry and open access allocations to the extent 
practicable.


DATES: Comments must be received no later than 5 p.m., local time 
(l.t.,) on February 6, 2003.


ADDRESSES: Send comments to D. Robert Lohn, Administrator, Northwest 
Region (Regional Administrator), NMFS, 7600 Sand Point Way N.E., Bldg. 
1, Seattle, WA 98115-0070, or fax to 206-526-6736; or Rodney McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, or fax to 562-980-4047. Comments 
will not be accepted if submitted via e-mail or the internet. 
Information relevant to this proposed rule, which includes a draft 
environmental impact statement, is available for public review during 
business hours at the office of the Pacific Fishery Management Council 
(Council), at 7700 NE Ambassador Place, Portland, OR 97220, phone: 503-
820-2280. Copies of additional reports referred to in this document may 
also be obtained from the Council.


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


SUPPLEMENTARY INFORMATION:


Electronic Access


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


Background


    The Pacific Coast Groundfish Fishery Management Plan (FMP) requires 
that fishery specifications for groundfish be annually evaluated, and 
revised as necessary, that OYs be specified for species or species 
groups in need of particular protection, and that management measures 
designed to achieve the OYs be published in the Federal Register and 
made effective by January 1, the beginning of the fishing year. The 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the FMP require that NMFS implement actions to prevent 
overfishing and to rebuild overfished stocks.
    Throughout 2002, the Council has been developing revisions to its 
specifications and management measures process, through proposed 
Amendment 17 to the FMP. Among other procedural changes, Amendment 17 
would revise the NMFS publication process for the specifications and 
management measures. Historically, the Council has developed annual 
specifications and management measures in a public two-meeting process 
(formerly at its September and November meetings) followed by a NMFS 
final action published in the Federal Register and made available for 
public comment and correction after the effective date of the action. 
Each year, specifications and management measures were effective until 
the specifications and management measures for the following year were 
published and effective. In 2001, the agency was challenged on this 
process in Natural Resources Defense Council, Inc. v. Evans, 168 
F.Supp. 2d 1149 (N.D.Cal., 2001) and the Court ordered NMFS to provide 
prior public notice and allow public comment on the annual 
specifications through publication of proposed and final rules.
    Amendment 17 was recently adopted by the Council, but has not yet 
been submitted for NMFS for approval. NMFS must still comply with the 
Court's Order for a public notice and comment period on the 2003 
specifications and management measures. The Council had its initial 
meeting regarding these measures in June, and finalized its 2003 
specifications and management measures recommendations at its September 
9-13, 2002, meeting in Portland, OR. The Council could not act earlier 
in the year because the new science upon which the specifications and 
management measures were based was not ready until June.
    For 2003, the Council has recommended implementing depth-based 
management measures, with large closed areas intended to prevent 
vessels from operating in waters where overfished species are commonly 
found. NMFS and the Council felt that these management changes were 
significant enough to warrant analysis via an environmental impact 
statement (EIS). An EIS is a National Environmental Policy Act analysis 
document that requires a series of public review and comment periods at 
different document drafting stages. Given the complexity of the annual 
specifications and management measures and the need for EIS-related 
public review periods, NMFS did not have enough time to publish a 
proposed rule, receive public comments, and implement a final rule by 
January 1, 2003. NMFS is publishing this proposed rule for the entire 
2003 specifications and management measures package to comply with the 
Court's Order to make such regulatory packages available for public 
comment prior to implementation. To ensure that adequately conservative 
management measures are in place by January 1, 2003, NMFS has also 
published an emergency rule in the Final Rules


[[Page 937]]


section of this January 7, 2003 edition that implements groundfish 
management measures for January 1 through February 28, 2003.
    Specifications and management measures proposed for 2003 are 
designed to rebuild overfished stocks through constraining direct and 
incidental mortality, and to achieve as much of the OYs as practicable 
for healthier groundfish stocks managed under the FMP.


I. Proposed Specifications


    Proposed fishery specifications include ABCs, the designation of 
OYs (which may be represented by harvest guidelines (HGs) or quotas for 
species that need individual management), and the allocation of 
commercial OYs between the open access and limited entry segments of 
the fishery. These specifications include fish caught in State ocean 
waters (0-3 nautical miles (nm) offshore) as well as fish caught in the 
EEZ (3-200 nm offshore).
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BILLING CODE 3510-22-C


ABC Policy and Overfishing


    Each fishing year, the Council evaluates the biological condition 
of the Pacific Coast groundfish fishery, develops estimates of the ABC 
for major groundfish stocks and identifies the harvest levels or OYs 
for the species or species groups that it proposes to manage.
    The Magnuson-Stevens Act requires that the FMP prevent overfishing. 
Overfishing is defined in the National Standards Guidelines (50 CFR 
part 600, subpart D) as exceeding the fishing mortality rate (F) needed 
to produce maximum sustainable yield (MSY) on a continuing basis. When 
setting the 2003 ABCs, the Council maintained a policy of using a 
default harvest rate as a proxy for the fishing mortality rate that is 
expected to achieve the maximum sustainable yield (Fmsy). The OYs were 
then set at levels expected to prevent overfishing, equal to or less 
than the ABCs.
    The ABC for a species or species group is generally derived by 
multiplying the harvest rate proxy by the biomass forecast to be 
available to the fishery. In 2003, the following default harvest rates 
proxies, based on the Council's Scientific and Statistical Committee 
(SSC) recommendations, were used: F40% for flatfish and F50% for 
rockfish (including thornyheads), and F45% for other groundfish such as 
sablefish, and lingcod. For whiting the Council chose a harvest rate 
proxy of F45% which was more conservative than the SSC's F40% 
recommendation. The FMP allows default harvest rate proxies to be 
modified as scientific data improves for a particular species.
    A harvest or fishing mortality rate can mean very different things 
for different stocks, because the rate is dependent on the productivity 
of a particular species. For more resilient stocks, those with less of 
a decline in recruitment (a measure of the young fish that mature and 
enter the fishery) as the spawning stock declines, a higher fishing 
mortality rate may be used, such as F40%. A rate of F40% can be 
explained as that which reduces spawning potential per female to 40 
percent of what it would have been under natural conditions (if there 
were no mortality due to fishing), and is therefore a more aggressive 
harvest rate than F45% or F50%. Harvest rate policies must account for 
several complicating factors, including the relative fecundity of 
mature individuals over time and the optimal stock size for the highest 
level of productivity within that stock.
    For some groundfish species, there may be little or no detailed 
biological data available on which to base ABCs, with only rudimentary 
assessments being prepared. For other species, ABC levels may be 
established only on the basis of historical landings. Precautionary 
measures continue to be taken when setting ABCs and OYs for species 
with no or only rudimentary assessments.
    In 2000, the Council adopted a more precautionary ABC policy for 
stocks with less rigorous or rudimentary stock assessments. The policy 
had been to assume that fishing mortality was equal to natural 
mortality (F=M); the current policy is that fishing mortality is 75 
percent of natural mortality (F=0.75M). Based on SSC recommendations, 
the Council reaffirmed this policy, but added another precautionary 
adjustment, requiring that OYs for these stocks be set at 75 percent of 
ABCs. For further information on this policy, see the preamble to the 
annual specifications and management measures published on January 11, 
2001 (66 FR 2338).
    The 2003 ABCs are based on the best scientific information 
available to the Council at its September 2002 meeting. The ABCs in 
Table 1 represent total fishing mortality (landed catch plus discards). 
Where the assessments included Canadian waters, the ABCs apply only to 
U.S. waters. Stock assessment information considered in determining the 
ABCs is Stock Assessment and Fishery Evaluation documents and reports 
and is available from the Council. These documents were made available 
to the public before the Council's September 2002 meeting. Additional 
information may be found in the EIS prepared by the Council for this 
action and in documents available at the June and September 2002 
Council meetings. (see ADDRESSES)


OY Policy


    In 1999, the Council adopted a ``40-10 precautionary policy'' for 
setting OYs. The 40-10 policy is intended to reduce the chance that 
species will become overfished. According to the Council's OY policy, 
if the stock biomass is larger than the biomass needed to produce MSY 
(Bmsy), the OY may be set equal to or less than the ABC. The Council 
uses 40 percent as a default proxy for Bmsy, also referred to as B40%. 
The Council's default OY harvest policy reduces the fishing mortality 
rate when a stock is at or below Bmsy. A stock with a current biomass 
between 25 percent of the unfished level and Bmsy is said to be in the 
``precautionary zone.'' The further the stock is below the 
precautionary threshold (usually B40%), the greater the reduction in OY 
relative to the ABC, until at B10%, the OY would be set at zero. This 
is, in effect, a default rebuilding policy that will foster quicker 
return to the Bmsy level than would fishing at the ABC level. For 
further information on this policy, see the preamble to the annual 
specification and management measures published on January 8, 1999 (64 
FR 1316).
    The Council may recommend setting the OY higher than what the 
default OY harvest policy specifies, provided that the OY does not 
exceed the ABC (Fmsy)


[[Page 947]]


harvest rate, complies with the requirements of the Magnuson-Stevens 
Act, and is consistent with the National Standard Guidelines and FMP 
requirements. On a case-by-case basis, additional precaution may be 
added as may be warranted by uncertainty in the data or by a stock's 
higher risk of being overfished. A stock that falls below 25 percent of 
its unfished biomass (B25%) is considered overfished under the FMP. 
Once a stock is declared overfished, the Magnuson-Stevens Act requires 
the Council to develop a rebuilding plan within 1 year from the public 
announcement in the Federal Register that the stock has been declared 
overfished. Rebuilding plans for overfished species generally have 
stock-specific allowable harvest rates based on a rebuilding analysis 
and rebuilding strategy, although those rates may still be consistent 
with this 40-10 default OY policy and may not exceed Fmsy.


2003 ABCs and OYs


    The species that had ABCs and OYs in 2002 continue to have ABCs and 
OYs in 2003. Changes that have been made since 2002 that affect the 
ABCs and OYs for 2003 include: (1) the completion of new assessments 
for canary, bocaccio, and yelloweye rockfish; (2) the preparation of an 
assessment update for sablefish; (3) the preparation of a yelloweye 
rockfish rebuilding analysis; (4) revision of the widow rockfish 
rebuilding analysis; (5) changes in the catch distribution of canary 
rockfish between commercial and recreational fisheries; (6) the 
preparation of a sustainability analysis for bocaccio rockfish; (7) the 
projection of the 2002 Pacific whiting model forward one year; and (8) 
the subdivision of the minor nearshore rockfish south OY into shallow 
nearshore rockfish, California scorpion fish, and deeper nearshore 
rockfish. Discussions of the development of ABCs and OYs for species 
with changed specifications from 2002 are contained in this section. 
Summaries of draft rebuilding plans for overfished species are provided 
in the next section, ``Determination of Overfished Stocks and 
Rebuilding Plans.''


Canary rockfish


    NMFS prepared an assessment update for canary rockfish, based on an 
age-structure stock synthesis model. Unlike the previous assessment in 
2000, the 2002 assessment model included the entire coast and blended 
the alternative mortality/selectivity scenarios into one scenario that 
linked increasing female natural mortality to maturity while allowing 
selectivity (the ability of the gear to catch certain sizes or types of 
fish) of females to be domed shaped. In this context, ``domed shaped'' 
means that the model places greater emphasis on female mortality at 
intermediate ages, rather than equally across all possible ages of 
mortality. This was done to address uncertainty regarding the reasons 
for the lower occurrence of old females versus old males. Although the 
model provides a more complete evaluation, the availability and 
mortality of older females in the survey and fishery data continues to 
be a source of uncertainty with the assessment. The 2002 assessment 
extends back to 1940 to provide a better evaluation of the unfished 
biomass level, and estimates the degree of compensation in the spawner-
recruitment relationship to provide an improved basis for forecasting 
future recruitments during rebuilding.
    The new assessment estimates that the canary rockfish biomass was 
at 8 percent of its unfished biomass coastwide at the beginning of 
2002. As with the 2000 assessment, canary rockfish shows a decline 
throughout the assessment time period with most of the decline 
occurring from 1975 to 1995.
    The Council considered four OYs based on different rebuilding 
parameters--constant fishing mortality rates that would have 80-
percent, 60-percent and 50-percent probabilities of rebuilding the 
canary rockfish to Bmsy by the year 2076 (T_max is the 
maximum allowable time to rebuild as defined in the National Standard 
Guidelines, 50 CFR subpart D). The fourth option had a 50-percent 
probability of rebuilding the canary rockfish to B40% by the year 2067 
(T_mid). (T_mid is halfway between T_max 
and T_min-the minimum time to rebuild in the absence of 
fishing as defined in the National Standard Guidelines, 50 CFR Subpart 
D). In addition, four different arrangements for dividing catch between 
the commercial and recreational fisheries were considered. The OY 
levels ranged from 20 mt to 57 mt. In general, the recreational 
fisheries take smaller canary rockfish than the commercial fisheries, 
resulting in a greater per ton impact on the canary stock over the 
rebuilding period. The catch sharing arrangements considered by the 
Council included: 20 percent recreational/80 percent commercial, 39 
percent recreational/61 percent commercial, 50 percent recreational/50 
percent commercial, and 80-percent recreation/20 percent commercial. 
The Council recommended adopting an ABC of 272 mt and an OY of 44 mt 
based on a 60-percent probability of rebuilding the canary rockfish to 
Bmsy by the year 2076 (T_max) with a 39-percent recreation/
61-percent commercial catch sharing arrangement. Canary rockfish is 
taken in a wide variety of fisheries coastwide, co-occurring with many 
different groundfish stocks. The catch sharing arrangement for canary 
rockfish was needed to ensure that canary rockfish taken in the 
different fisheries would be appropriately accounted for.


Bocaccio Rockfish


    A new stock assessment was prepared for bocaccio rockfish in the 
Conception and Monterey areas, the statistical areas where the bocaccio 
rockfish stock is overfished. This new assessment uses a length-based 
stock synthesis model similar to that used for the 1999 assessment, but 
differs from the previous assessment in that it (1) includes new 
information from a larger area of southern California; (2) moves the 
beginning of the assessment time period back 18 years; (3) updates 
estimates of commercial and recreational landings data; (4) uses a 
``jacknife'' statistical method to estimate precision of abundance 
indexes rather than using assumed values of precision, which is a 
useful procedure when the data dispersion or distribution are wide or 
extreme; (5) omits triennial survey data from hauls where the trawl 
gear did not actually fish on the ocean floor (so-called ``water 
hauls''); (6) adds an index of larval abundance reflecting spawning 
biomass; (7) adds a recreational ``catch per unit effort''(CPUE)index 
for 1980-2001; and (8) includes a new recruitment index based on the 
impingement rate of juvenile bocaccio rockfish in saltwater intakes at 
southern California electric power plants between 1972-2000.
    The new bocaccio rockfish assessment is consistent with the finding 
in previous assessments that there has been a declining biomass trend 
since 1969. The new assessment estimates that the bocaccio rockfish 
spawning stock biomass in the Monterey and Conception areas is at about 
3.6 percent of its unfished biomass. The estimated biomass for 2002 
(age 2+ fish) is 2,914 mt. The ABC for bocaccio rockfish, which is 
based on the new assessment with an Fmsy proxy of F50%, is 198 mt.
    Bocaccio was declared overfished in 1999. Since 2000, the bocaccio 
OY has been set to be a constant harvest level of 100 mt. This level 
was based on the 1999 rebuilding analysis and was estimated to have a 
67 percent probability of rebuilding the stock to Bmsy by 2033. The new 
assessment in 2002 found that the rate of rebuilding would probably be 
lower than projected from the 1999 assessment and that the


[[Page 948]]


harvest level would need to be lowered. Based on the new stock 
assessment and a new rebuilding analysis, the Council, at its June 2002 
meeting, recommended for further analysis a bocaccio rockfish OY for 
2003 of 5.8 mt. This new OY was associated with a constant mortality 
rate and a 50 percent probability of rebuilding to Bmsy by the year 
2109 (T_max). At this same meeting, the Council requested 
that the rebuilding analysis be updated using procedures recommended by 
the SSC. Following the June 2002 Council meeting and prior to revision 
of the bocaccio rebuilding analysis, the rebuilding model for all 
overfished species was refined to more accurately account for actual 
catch occurring during and after the initial year of rebuilding.
    In the revised bocaccio rebuilding analysis prepared following the 
June Council meeting, the stock failed to have a 50- percent 
probability of rebuilding by T_max, even in the absence of 
fishing. T_max is the maximum time for rebuilding established 
by the National Standard Guidelines (50 CFR 600, subpart D). This 
failure is due to lower estimated recruitment of the 1999 year class 
and recent landings that exceeded the rebuilding OYs. Bocaccio landings 
in 2000 and 2001 were respectively 69 and 47 mt over the OY levels set 
in 2000. In addition, hindsight shows, based on the new rebuilding 
analysis' calculation of the actual strength of the 1999 year class, 
that the OYs for 2000 and 2001 had been set too high in view of the 
actual strength of the 1999 year class. The OYs set for 2000 and 2001 
created a ``rebuilding deficit'' that will take more than T_max 
to recover from. NMFS subsequently prepared a sustainability analysis 
for bocaccio rockfish. A rebuilding analysis addresses the fishing 
rates associated with rebuilding an overfished stock to a target 
abundance within a specified time frame, whereas a sustainability 
analysis addresses the fishing rates that would lead to no further 
decline in abundance over a specified time frame. In both types of 
analysis, the uncertainty of future reproductive successes requires 
that the results be described in terms of probabilities rather than 
certainties. The sustainability analysis shows that a harvest level of 
<=20 mt would provide a 50- percent probability for the stock to 
rebuild in 170 years, with a high probability (£80 percent) 
of no further decline in the spawning biomass over the next 100 years. 
The Council's SSC concluded that the sustainability analysis 
represented the best available science and endorsed its use in setting 
2003 harvest levels. The Council agreed with the SSC recommendation. 
The National Standard Guidelines do not address the situation where 
NMFS concludes, based on an updated rebuilding analysis, that a stock 
cannot be rebuilt within T_max, even with zero fishing 
mortality. Therefore, NMFS has determined that the National Standard 
Guidelines do not provide sufficient guidance for the bocaccio rockfish 
situation and instead has looked directly to the Magnuson-Stevens Act 
for guidance. Section 304(e)(4)(A)(i) states that a rebuilding period 
shall ``be as short as possible, taking into account the status and 
biology of any overfished stocks of fish, the needs of fishing 
communities, recommendations by international organizations in which 
the United States participates, and the interaction of the overfished 
stock of fish within the marine ecosystem.''
    NMFS believes that the Magnuson-Stevens Act requires that the 
Council and NMFS meet the conservation needs of the stock (National 
Standard 1), and also consider the needs of fishing communities 
(National Standard 8). Balancing these considerations, zero fishing 
mortality is not required for this situation. Zero fishing mortality 
would seriously adversely affect fishers and communities in California 
south of Cape Mendocino, CA. In this area, commercial fisheries 
(including fisheries for non-groundfish species) and recreational 
fisheries that incidentally catch bocaccio would be severely curtailed 
or closed for many years into the future. Bocaccio is taken 
incidentally in a wide variety of fisheries, ranging from recreational 
fisheries that operate off piers and jetties taking juvenile bocaccio 
in nearshore waters, to commercial purse seine fisheries for squid and 
other coastal pelagic species.The OY recommended by the Council, which 
is based on the sustainability analysis, the needs of fishing 
communities, and the biology of the stock, has a low probability of 
driving the stock into further decline and will not materially 
jeopardize future rebuilding. The large historical biomass of bocaccio 
occurred through accumulation over time of biomass from several 
intermittent, large recruitments. These large recruitment events are 
thought to be connected to currently unknown and unpredictable ocean 
conditions. Bocaccio rebuilding depends on the future occurrence of 
similarly large recruitment successes. Although the 1999 year class was 
in fact smaller than had been projected in 1999, it is still the 
largest year class since 1991. The recruitment success observed in 1999 
indicates that the current spawning biomass is capable of initiating 
the rebuilding, but substantial rebuilding awaits the future occurrence 
of several such successes. Based on the current information, NMFS 
concludes that at the proposed OY level bocaccio will be able to 
rebuild. The analysis shows an 80 percent probability of no further 
decline after 100 years, a 50 percent probability (the standard 
reference probability level) of rebuilding within 170 years, and a 33 
percent probability of rebuilding by the year 2109. Therefore, NMFS 
believes the recommended OY is consistent with the Magnuson-Stevens 
Act.


Yelloweye Rockfish


    Yelloweye rockfish were first assessed in 1996 as part of the 
``remaining rockfish'' group. In 2001, a yelloweye rockfish assessment 
was conducted for northern California and Oregon. The 2001 assessment 
estimated that yelloweye rockfish was at about 7 percent of its 
unfished biomass in waters off northern California and at 13 percent of 
its unfished biomass in waters off Oregon; this resulted in NMFS 
declaring yelloweye rockfish to be overfished. An initial yelloweye 
rockfish rebuilding analysis, based on the 2001 assessment, was 
prepared and presented at the Council's June 2002 meeting. Because this 
assessment did not cover Washington, the development of rebuilding 
measures was hampered.
    In August 2002, an updated assessment was completed in order to 
incorporate data from Washington, an important area of yelloweye 
rockfish abundance, and to incorporate newly available age data. Other 
changes from the 2001 assessment included: the use of a combined area 
model; revised selectivity curves for all sectors of the fishery; the 
inclusion of Washington catch data; re-evaluation of California logbook 
data and the influence of port group and depth effects; extension of 
the modeled time period; revision of the treatment of natural mortality 
rates; and inclusion of a spawner-recruitment relationship to provide 
an overall measure of stock productivity.
    Like the 2001 assessment, the updated assessment indicated that 
there has been a declining abundance trend for more than 30 years, with 
the last above average recruitment occurring in the late 1980s. The 
assessment update concluded that the coastwide yelloweye rockfish 
spawning female biomass (934 mt) was at 24.1 percent of its unfished 
biomass at the beginning of 2002. The SSC supported the new assessment 
model and indicated that it represented the best available science. The 
2003


[[Page 949]]


yelloweye ABC of 52 mt is based on the new assessment, with an Fmsy 
proxy of F50%.
    A revised rebuilding analysis was prepared following completion of 
the 2002 assessment. Due to the less depleted stock status and higher 
productivity estimated by the updated assessment, the rebuilding period 
is shorter than had been estimated following the initial rebuilding 
analysis. The SSC indicated that the revised rebuilding analysis 
represented the best available science and advised using it to set 2003 
harvest levels.
    At the Council's September meeting, four OY options were considered 
for yelloweye rockfish: 2.1 mt -- the low range from the June 2002 
draft rebuilding analysis; 13.5 mt - the 2002 OY; 22 mt - based on a 
50-percent probability of rebuilding the yelloweye rockfish to Bmsy by 
the year 2050 (T_mid) from the revised rebuilding analysis; 
and 27 mt, the value corresponding to a 50-percent probability of 
rebuilding the yelloweye rockfish to Bmsy by the year 2069 
(T_max) from the revised rebuilding analysis. The SSC advised 
that the OY not exceed 22 mts, the OY recommended by the Council's ad 
hoc allocation committee. The Council followed the SSC's advice and 
recommended adopting an OY of 22 mt.


Sablefish


    In 2001, sablefish were assessed in the region between Point 
Conception (34[deg]
27' N. lat.) and the U.S.-Canada border. The 
assessment indicated a decline in biomass since the late 1970s and a 
decline in recruitment during the early 1990s. This result was 
supported by a parallel assessment conducted by an industry-supported 
research team. For 2002, newly available fishery and survey data were 
used to update the assessment. No changes were made to the model 
structure or assumptions. However, the update produced a larger than 
expected increase in the perceived stock abundance throughout the time 
series. Such a change is an indication of the overall uncertainty in 
the stock assessment due to the relatively short time series of survey 
data. The relative 2001 spawning stock biomass had been estimated to be 
between 27 and 38 percent of the unfished biomass following the 2001 
assessment, and the estimate increased to between 31 and 39 percent of 
the unfished biomass in the 2002 update. There was a notable increase 
in the estimated abundance of young fish born in 1999 and 2000 and 
evidence that these young fish have begun to recruit to the fishery.
    As in 2001, two alternative states of nature, environmentally 
driven and density-dependent, were considered in calculation of target 
abundance levels and current productivity. The declines in recruitment 
during the early 1990s may have resulted from changes in environmental 
conditions or the low recruitment may have been caused by low spawning 
biomass. It is not possible to determine with high confidence the 
primary cause of the low recruitments during the 1990s, but the higher 
recruitment in 1999 and 2000 lends support for the environmental 
scenario.
    The ABC estimate for the assessment area north of Point Conception 
(34[deg]
27' N. lat) is 8,459 mt. The ABC for the management area north 
of 36[deg]
N lat. is 8,209 mt (97.04 percent of the ABC from the 
surveyed area). The ABC estimate was based on the environmental 
scenario for trends in recruitment and on application of an Fmsy proxy 
of F45%. Although there is evidence that juvenile sablefish have begun 
to recruit to the fishery, the growth of the sablefish biomass will be 
slow and will depend on future average recruitment being larger than 
observed during most of the 1990s.
    Four OY options were presented to the Council for the area North of 
36[deg]
N. lat.: 8,187 mt based on the ABC from the environmentally 
driven projection with an Fmsy proxy of F45% and a 40/10 adjustment; 
7,455 mt based on the ABC from the density-dependent projection with an 
Fmsy proxy of F45% and a 40/10 adjustment; 4,477 mt based on the ABC 
from the density-dependent projection with an Fmsy proxy of F60% and a 
40/10 adjustment; and 5,000 mt, an intermediate point between 4,477 mt 
and 7,455 mt. The SSC indicated that the medium and high OYs were 
relatively risk-prone and advised the Council that caution should be 
used when setting the 2003 harvest levels. The SSC noted that an OY of 
5,000 mt, as recommended by the Council's ad hoc Allocation Committee, 
was consistent with the SSC recommendation and addresses uncertainty in 
assessment relating to the different states of nature.
    Following discussions and public comment, the Council recommended 
adopting an ABC of 8,459 mt for the surveyed area, resulting in an ABC 
of 8,209 mt with an OY of 6,500 mt for the area north of 36[deg]
N' 
lat. The Council recommended OY of 6,500 mt is the 7,455 mt OY, based 
on a 40/10 adjustment to the ABC, with an additional 1,000 mt 
precautionary reduction. The Council based its recommendation on the 
SSC's advice to be precautionary because of assessment uncertainties, 
and because the sablefish biomass is within the precautionary range. 
The Council indicated that it was prudent to adopt an OY that was risk 
averse rather than risk neutral.


Pacific Whiting


    Pacific whiting was declared overfished on April 15, 2002 (67 FR 
18117). The Pacific whiting stock is estimated to be just below the 
FMP's overfished species rebuilding threshhold of B25%. In June, a 
draft rebuilding analysis for whiting that followed the analysis 
guidelines established by the SSC was presented to the Council. Because 
of the high variability in recruitment patterns and short life span of 
whiting, the rebuilding analysis estimated a short rebuilding period 
even with high harvest levels. However, given the recruitment 
variability, there is also a high probability that the whiting biomass 
would drop below the overfishing threshold again following recovery. 
The rebuilding analysis examined alternative Fmsy proxies in terms of 
whether the population would become overfished following recovery. The 
SSC was unable to investigate the merits of moving from the current 
F40% Fmsy proxy to another; however, the SSC did advise continuing the 
use of the 40-10 harvest policy for whiting and noted that the 40-10 
harvest policy appeared adequate to achieve rebuilding.
    Three OY options, all of which are based on a medium level of 
recruitment for the 1999 year class, were considered by the Council: 
129,600 mt based on the 2002 biomass estimate with an F40% Fmsy proxy 
and the application of the 40-10 harvest policy; 148,200 mt based on 
the 2003 projected biomass with an F45% Fmsy proxy and the application 
of the 40-10 harvest policy; and 173,600 mt based on the 2003 projected 
biomass with an F40% Fmsy proxy and the application of the 40-10 
harvest policy. The SSC advised the Council to be precautionary and not 
increase the whiting OY over the 2002 harvest level until a new 
assessment was conducted. However, the Council indicated that the 
medium harvest level, 148,200 mt, based on the 2003 projected biomass 
with an F45% Fmsy, was sufficiently precautionary. Although it allows a 
short-term increase in the OY based on expected population growth, it 
moves to a more precautionary harvest rate that is expected to increase 
the rebuilding rate and reduce the risk of declining back into an 
overfished state (below B25%) given the high productivity of whiting.


Minor Nearshore Rockfish


    To protect depleted stocks and minimize the chance of overfishing, 
changes were made in 2000 that


[[Page 950]]


eliminated the ``Sebastes complex'' and created the ``minor rockfish'' 
categories (January 4, 2000, 65 FR 221). Minor rockfish species that 
have had rudimentary or no assessments are divided into nearshore, 
shelf, and slope categories that represent where they are predominantly 
caught.
    Given the expected increase in fishing pressure in nearshore areas, 
the States of Oregon and California indicated that the commercial and 
recreational minor nearshore rockfish fisheries could be better managed 
if the minor nearshore rockfish species group were subdivided. For 
2003, the States of Oregon and California will manage minor nearshore 
rockfish north as two groups: black and blue rockfish and all other 
nearshore rockfish. Due to the expected effort shift to the nearshore 
area resulting from depth based closures in deeper waters, the Council 
further recommended capping the 2003 OY at the 2000 OY level. This was 
done as a precautionary measure until quantitative assessment can be 
prepared for the southern portion (south of Cape Falcon, OR) of the 
area north of Cape Mendocino, CA. Because there are no commercial 
nearshore fisheries in the State of Washington, minor nearshore 
rockfish will continue to be managed as a single group. The total catch 
OY for black and blue rockfish in the area between 40[deg]10' N. lat. 
and 46[deg]16' N. lat. is 585 mt and the total catch OY for all other 
nearshore rockfish in this same area is 53 mt. For the area north of 
46[deg]16' N. lat. (the Washington/Oregon border), the total catch OY 
for all nearshore rockfish is 290 mt, most of which is estimated to be 
taken in the recreational fisheries although a small amount is expected 
to be taken in the tribal fisheries.
    For 2003, the minor nearshore rockfish south OY will be managed as 
the following three groups with separate OYs: Shallow nearshore 
rockfish (black and yellow, China, grass, gopher and kelp rockfish), 
California scorpionfish, and deeper nearshore rockfish (black, blue, 
brown, calico, copper, olive, treefish, and quillback rockfish). Given 
the projected increase in both recreational and commercial fishing 
pressure in nearshore areas, the State of California indicated that the 
fisheries could be better managed and overfishing prevented if the 
minor nearshore rockfish species were subdivided. The shallow nearshore 
rockfish total catch OY will be 104.9 mt; the deeper nearshore rockfish 
total catch OY will be 351 mt; and the California scorpionfish total 
catch OY will be 84.8 mt. Alternative catch sharing arrangements 
between the commercial and recreational sectors were considered by the 
Council. The catch sharing arrangement proposal in this rule was 
developed through a public hearing process conducted by the California 
Department of Fish and Game.


Overfished Species


    Nine groundfish stocks have been designated as ``overfished,'' POP, 
bocaccio, lingcod, canary rockfish, cowcod, darkblotched rockfish, 
widow rockfish, yelloweye rockfish and Pacific whiting. Management 
measures designed to rebuild overfished species, or to prevent species 
from becoming overfished, may restrict the harvest of relatively 
healthy stocks that are harvested with overfished species. As a result 
of the constraining management measures imposed to protect and rebuild 
overfished species, a number of the OYs for healthy stocks may not be 
achieved in 2003.


Pacific Ocean Perch (POP)


    The recommended ABC for POP in 2003 is 689 mt, is based on an F50% 
Fmsy proxy and is a 2003 projection based on the Council's interim 
rebuilding strategy. Three OYs based on the most recent rebuilding 
analysis and corresponding to different probabilities of rebuilding the 
stock were presented to the Council. These OYs were: 496 mt based on a 
50 percent probability of rebuilding POP rockfish to Bmsy by the year 
2041 (T_max); 377 mt the value corresponding to a 70 percent 
probability of rebuilding POP to Bmsy by the year 2041; and 311 mt the 
value corresponding to an 80-percent probability of rebuilding POP to 
Bmsy by the year 2041. The Council recommended OY of 377 mt is 
consistent with the interim rebuilding strategy adopted by the Council 
in prior years.


Lingcod


    The recommended ABC for lingcod in 2003 is 841 mt and is based on 
an F45% Fmsy proxy. Three OYs, based on the rebuilding analysis 
prepared in 2001 and corresponding to different probabilities of 
rebuilding the stock to Bmsy by T_max, were presented to the 
Council. These OYs were: 555 mt based on a 80- percent probability of 
rebuilding lingcod to Bmsy by the year 2009 (T_max); 651 mt 
the value corresponding to a 60-percent probability of rebuilding 
lingcod to Bmsy by the year 2009; and 725 mt the value corresponding to 
a 50-percent probability of rebuilding lingcod to Bmsy by the year 
2009. The Council recommended adopting an OY for 2003 of 651 mt. This 
harvest level is consistent with the interim rebuilding strategy 
adopted by the Council in prior years and is expected to maintain the 
Council's goal of rebuilding lingcod by the year 2009.


Darkblotched Rockfish


    The recommended ABC for darkblotched rockfish in 2003 is 205 mt and 
is based on an F50% Fmsy proxy. Five OYs, based on the 2001 rebuilding 
analysis and corresponding to different probabilities of rebuilding the 
stock to Bmsy, were presented to the Council. These OYs were: 100 mt, 
130 mt based on the 2001 harvest level that was in place before the 
final rebuilding analysis was completed, 172 mt the value corresponding 
to a 80- percent probability of rebuilding darkblotched rockfish to 
Bmsy by the year 2047 (T_max); 184 mt the value corresponding 
to a 60- percent probability of rebuilding darkblotched rockfish to 
Bmsy by the year 2047; and 205 mt the value corresponding to a 50- 
percent probability of rebuilding darkblotched rockfish to Bmsy by the 
year 2047. The 172 mt OY is also comparable to a 50- percent 
probability of rebuilding darkblotched rockfish to Bmsy by the year 
2030 (T_mid).
    Because darkblotched rockfish are primarily harvested with trawl 
gear, managing to a lower OY would most constrain the trawl fishery and 
likely require most fishing to occur seaward of the 250 fm (457 m) 
depth contour, where darkblotched rockfish is primarily caught (for 
further information see the Emergency rule to establish depth-based 
management measures; September 13, 2002, 67 FR 57973). Measures to 
further restrict flatfish trawl fisheries shoreward of 100 fm (183 m) 
would also protect juvenile darkblotched rockfish. Small vessels would 
be most affected by a lower OY. The Council recommended an OY of 172 
mt, which provides a reasonable balance between the length of time for 
rebuilding the stock and the adverse economic impacts to the limited 
entry trawl sector. This OY is associated with an 80- percent 
probability of rebuilding within T_max as compared to the 70 
percent probability that was applied in 2002.


Widow Rockfish


    The recommended ABC for widow rockfish in 2003 is 3,871 mt and is 
based on an F50% Fmsy proxy. At the Council's June 2002 meeting, a 
revised widow rockfish rebuilding analysis was reviewed. Three OYs 
based on the revised analysis and corresponding to different 
probabilities of rebuilding the stock by T_max were presented 
to the


[[Page 951]]


Council. These OYs were: 656 mt based on a 50 percent probability of 
rebuilding widow rockfish to Bmsy by the year 2030 (T_mid); 
832 mt the value corresponding to a 60 percent probability of 
rebuilding widow rockfish to Bmsy by the year 2039 (T_max); 
and 916 mt the value corresponding to a 50- percent probability of 
rebuilding widow rockfish to Bmsy by the year 2039. The low OY 
alternative would not provide for a mid-water trawl target fishery for 
yellowtail rockfish and would not provide an adequate buffer against 
unanticipated mortalities and increased effort. The higher harvest 
levels could be expected to provide for a limited mid-water trawl 
fishery for yellowtail rockfish. The Council recommended adopting an OY 
for 2003 of 832 mt. This harvest level is consistent with the interim 
rebuilding strategy adopted by the Council, and a 60-percent 
probability of rebuilding widow rockfish to Bmsy by the year 2039, 
which is the same as a 50 percent probability of rebuilding by 2037 
(T_Target.)Derivations of the ABC and OYs for the individual 
groundfish species are explained in detail in Council documents from 
their June and September 2002 meetings and in the most recent stock 
assessments and are summarized in this document in Table 1a. 
Derivations of commercial harvest guidelines, limited entry and open 
access allocations, and landed catch equivalents appear in the 
footnotes to Table 1a, listed at the end of Table 1b.


Determinations of Overfished Stocks and Rebuilding Plans


    The status of the groundfish stocks is evaluated against the 
requirements of the Magnuson-Stevens Act, the National Standard 
Guidelines, and the FMP. A species is considered to be overfished if 
its current biomass is less than 25 percent of the unfished biomass. 
The Magnuson-Stevens Act requires that a rebuilding plan be prepared 
within 1 year after the Council is notified by NMFS that a particular 
species is overfished.
    In the fall of 2000, NMFS had approved the first three rebuilding 
plans for lingcod, boccacio, and POP (65 FR 53646, September 5, 2000). 
Subsequently, requirements for developing overfished species rebuilding 
plans were addressed in Amendment 12 to the FMP, which were submitted 
for public review (65 FR 54475, September 8, 2000) and approved by NMFS 
on December 7, 2000. During NMFS's review of Amendment 12, the agency 
considered whether the three recently approved rebuilding plans met the 
requirements of Amendment 12 and concluded that the plans did not. The 
final rule to implement Amendment 12 describes NMFS's revocation of the 
lingcod, boccacio, and POP rebuilding plans (65 FR 82947, December 29, 
2000). NMFS instructed the Council to re-submit rebuilding plans. The 
groundfish fishery has continued to operate under interim rebuilding 
measures for these species.
    While NMFS and the Council were developing rebuilding plans that 
were consistent with the requirements of Amendment 12, NMFS notified 
the Council that canary rockfish and cowcod were overfished and that 
the Council must submit rebuilding plans for these species to NMFS by 
January 4, 2001 (65 FR 221, January 4, 2000). On January 11, 2001 (66 
FR 2338), NMFS notified the Council that darkblotched and widow 
rockfish were overfished and that Council must submit rebuilding plans 
for these species to NMFS by January 11, 2002. Subsequently, on August 
20, 2001, the Federal magistrate ruled in National Resources Defense 
Council, Inc v. Evans 168 F. Supp. 2d 1149 (N.D. Cal., 2001) that 
rebuilding plans under the FMP must be in the form of a plan amendment 
or proposed regulations as specified by the Magnuson-Stevens Act, 16 
U.S.C. 1854 (e)(3). In accordance with the Court ruling, the magistrate 
issued an order setting aside those portions of Amendment 12 to the FMP 
dealing with rebuilding plans (Amendment 12 provided a framework for 
rebuilding plans that were not themselves plan amendments or proposed 
regulations). As a result of the magistrate's decision, the Council 
must now revise Amendment 12 and rebuilding plans to be consistent with 
the Magnuson-Stevens Act. On January 11, 2002 (67 FR 1555), NMFS 
notified the Council that yelloweye rockfish was overfished and that 
the Council must submit a rebuilding plan to NMFS by January 11, 2003. 
On April 15, 2002 (67 FR 18117), NMFS notified the Council that Pacific 
whiting was overfished and that the Council must submit a rebuilding 
plan to NMFS by April 15, 2003. At its October 29 - November 1, 2002, 
meeting in Foster City, CA, the Council addressed Amendment 16 to the 
FMP, which is scheduled for adoption in April 2003. Amendment 16 is 
intended to bring the FMP into compliance with the Court order to make 
rebuilding measures consistent with the Magnuson-Steven's Act, and 
allow for public review.
    The draft rebuilding plans initially endorsed by the Council are 
summarized as follows:


POP


    Areas: Vancouver and Columbia
    Status of stock: 13 percent of its unfished biomass (1998)
    T_max: 2041
    Ttarget with a 50 percent probability of rebuilding: 2027
    Probability of rebuilding to Bmsy by T_max: 70 percent
    Fmsy proxy: F50%
    ABC in 2003: 689 mt
    OY in 2003: 377 mt
    Management measures for 2003: POP primarily inhabit waters of the 
upper continental slope and are found along the edge of the shelf. POP 
are primarily taken in trawl gear. Therefore, new depth based 
management measures that prohibit bottom trawling in depths where 
darkblotched rockfish, a slope species, are commonly found will also 
benefit POP. Relatively small cumulative trip limits are intended to 
accommodate incidental bycatch without encouraging targeting. POP is 
not an important species for the recreational or nontrawl commercial 
fisheries.
    Bocaccio
    Areas: Monterey and Conception
    Status of stock: 3.6 percent of its unfished biomass in 2002
    T_max: 2109 see discussion in previous section regarding 
the sustainability analysis
    T_target with a 50 percent probability of rebuilding: see 
discussion in previous section regarding the sustainability analysis
    Probability of rebuilding to Bmsy by T_max: see 
discussion in previous section regarding the sustainability analysis
    Fmsy proxy: F50%
    ABC in 2003: 198 mt
    OY in 2003: <=20 mt
    Management measures for 2003: All directed bocaccio rockfish 
fishing opportunities will be eliminated for 2003. Boccacio rockfish 
retention will not be permitted in the commercial fisheries. The OY 
will be used to accommodate discards of bocaccio rockfish resulting 
from incidental catch taken in fisheries for co-occurring species (see 
bycatch rate discussion). Bocaccio rockfish are a shelf species 
commonly found in depths between 45-160 fm (82-293 m). New depth based 
management measures will prohibit groundfish-directed bottom trawl, 
limited entry fixed gear, and open access fishing opportunities in the 
depths where bocaccio are most commonly found. Closed areas will differ 
by gear type to tailor closures so that they best reflect where a 
particular gear type takes bocaccio. Chilipepper rockfish will be 
included in the minor


[[Page 952]]


shelf species group, which eliminates opportunities to directly target 
a species that commonly co-occurs with bocaccio. The California 
recreational fisheries south of 40[deg]
10' N. lat. will be closed 
entirely from January through June, 2003 and open only shoreward of 20 
fm (37 m) for July through December. The retention of bocaccio rockfish 
will be prohibited for all gears.


Lingcod


    Areas: Coastwide
    Status of stock: 15 percent of its unfished biomass in 2001
    T_max: 2009
    T_mid with a 50-percent probability of rebuilding: NA
    Probability of rebuilding to Bmsy by T_max: 60 percent
    Fmsy proxy: F45%
    ABC in 2003: 841 mt
    OY in 2003: 651 mt
    Management measures for 2003: In general, commercial non-trawl 
landings are prohibited during winter months to protect lingcod during 
their spawning and nesting seasons. Trip limits during the open season 
remain low. Because lingcod are predominately found on the shelf, gear 
and depth based management restrictions imposed to protect overfished 
shelf rockfish species will benefit lingcod. The recreational fisheries 
in each State maintained a 2 lingcod bag limit, however Washington 
State will close lingcod fishing for five months, from fall to early 
spring. California recreational fisheries will be closed from January 
to June. Commercial hook and line fisheries are similarly closed during 
the winter months to eliminate targeting during the winter spawning and 
nesting season.
    Canary Rockfish
    Areas: Coastwide
    Status of stock: 8 percent of its unfished biomass in 2002
    T_max: 2076
    T_target with a 50 percent probability of rebuilding: 
2074
    Probability of rebuilding to Bmsy by T_max: 60 percent
    Fmsy proxy: F50%
    ABC in 2003: 272 mt
    OY in 2003: 44 mt
    Management measures for 2003: The new depth based management 
measures that prohibit bottom trawling on much of the continental shelf 
and slope will limit opportunity to catch canary rockfish. In addition, 
small footrope trawl gear restrictions in waters shoreward of the 
closed areas are expected to keep the incidental catch of canary 
rockfish low. May to October restrictions for arrowtooth flounder are 
also expected to minimize incidental catch of canary rockfish. 
Retention of canary rockfish will be prohibited in the limited entry 
and open access fixed gear fisheries. The States will require the 
exempted pink shrimp trawl vessels to use finfish excluders to 
participate in the state-managed fisheries. The States of Washington 
and California will ban spot prawn trawls beginning in 2003, and 
instead require pot gear to be used for spot prawns. In the 
recreational fisheries canary rockfish retention will be limited to 1 
fish in Washington and Oregon, and prohibited in California. In 
addition, the California recreational fisheries south of 40[deg]
10' N. 
lat. will be closed entirely from January through June and open only 
shoreward of 20 fm (37 m) for July through December.
    Cowcod
    Areas: Point Conception to the U.S.- Mexico boundary.
    Status of stock: 4-11 percent of unfished biomass in 1999
    T_max: 2099
    T_target with a 50-percent probability of rebuilding: 
2095
    Probability of rebuilding to Bmsy by T_max: 55 percent
    Fmsy proxy: F50%
    ABC in 2003: 24 mt
    OY in 2003: 4.8 mt
    Management measures for 2003: All directed cowcod fishing 
opportunities were eliminated beginning in 2001. Retention of cowcod is 
prohibited for all commercial and recreational fisheries. To protect 
cowcod from incidental harvest, the Council has recommended continuing 
to use two Cowcod Conservation Areas (CCAs) (the Eastern CCA and the 
Western CCA) in the Southern California Bight, delineated to encompass 
key cowcod habitat areas and known areas of high catches. Fishing for 
groundfish is prohibited within the CCAs, except that minor nearshore 
rockfish, cabezon, lingcod, scorpionfish, and greenling may be taken 
from waters where the bottom depth is less than 20 fathoms (37 m) when 
the season for those species is open. A transportation corridor is 
provided through the Western CCA to allow commercial vessels fishing 
for slope rockfish and other groundfish west of the Western CCA to 
transport that groundfish through the Western CCA.
    Darkblotched rockfish
    Areas: Coastwide
    Status of stock: 22 percent of unfished biomass in 2000
    T_max: 2047
    T_target with a 50 percent-probability of rebuilding: 
2030
    Probability of rebuilding to Bmsy by T_max: 80%
    Fmsy proxy: F50%
    ABC in 2003: 205 mt
    OY in 2003: 172 mt
    Management measures for 2003: Adult darkblotched rockfish primarily 
inhabit waters of the upper continental slope and are primarily found 
along the edge of the shelf north of 38[deg]
N.' lat. Darkblotched 
rockfish are primarily taken with trawl gear. The new depth based 
management measures that prohibit bottom trawling on much of the 
continental shelf and slope will limit opportunity to catch 
darkblotched rockfish. Measures to restrict flatfish trawl fisheries 
shoreward of 100 fm (183 m) will also protect juvenile darkblotched 
rockfish. May to October restrictions for arrowtooth flounder are also 
expected to minimize incidental catch of darkblotched rockfish.
    Widow Rockfish
    Areas: Coastwide
    Status of stock: 24 percent of unfished biomass in 2000
    T_max: 2039
    T_target with a 50-percent probability of rebuilding: 
2037
    Probability of rebuilding to Bmsy by T_max: 60 percent
    Fmsy proxy: F50 percent
    ABC in 2003: 3,871 mt
    OY in 2003: 832 mt
    Management measures in 2003: Commercial limits for widow rockfish 
are intended to accommodate incidental catch and remove incentives for 
direct fishing. In addition, the midwater trawl fisheries for 
yellowtail rockfish have been constrained with an incidental catch 
allowance during the primary season for Pacific whiting to reduce 
interception of widow rockfish. Bottom trawl opportunities for shelf 
rockfish continue to be extremely limited, which is expected to benefit 
widow rockfish.
    Yelloweye Rockfish
    Areas: coastwide
    Status of stock: 24 percent of unfished biomass in 2002
    T_max: 2071
    T_target with a 50-percent probability of rebuilding: 
2052
    Probability of rebuilding to Bmsy by T_max: 92 percent
    Fmsy proxy: F50%
    ABC in 2003: 52 mt
    OY in 2003: 22 mt
    Management measures in 2003: Yelloweye rockfish are more available 
to the fixed gear and recreational fisheries than to trawl gear. The 
retention of yelloweye rockfish in the commercial fixed gear fisheries 
will be prohibited. In addition, depth based closures on the 
continental shelf will prevent commercial interception of yelloweye 
rockfish. Off Washington State retention of yelloweye rockfish in 
recreational fisheries will be prohibited. A Yelloweye Rockfish 
Conservation Area


[[Page 953]]


(YRCA) has been identified off the north Washington coast, and 
recreational fishing will be prohibited within that conservation area. 
In Oregon, the retention of yelloweye rockfish during the all-depth 
halibut fisheries will be prohibited, otherwise there is a one 
yelloweye rockfish sub-limit in the ten marine fish bag limit. The 
California recreational fisheries south of 40[deg]
10' N lat will be 
closed entirely from January through June and open shoreward of 20 fm 
(37 m) for July through December. However, the retention of yelloweye 
rockfish in the California recreational fisheries will be prohibited.
    Overfishing
    None of the 2003 ABCs are knowingly set higher than Fmsy or its 
proxy, none of the OYs are set higher than the corresponding ABCs, and 
the management measures in this proposed rule are designed to keep 
harvest levels within specified OYs. Overfishing is difficult to detect 
inseason for many groundfish, particularly for minor rockfish species, 
because most are not individually identified on landing. Species 
compositions, based on proportions encountered in samples of landings, 
are applied during the year. However, final results are not available 
until after the end of the year. Thus, this Federal Register document 
discusses overfishing for 2001, not 2002. If overfishing occurred on 
any groundfish species in 2002, it will be discussed in the 2004 
Federal Register publication of the specifications for that year. After 
the 2001 fishing season, NMFS determined that overfishing had not 
occurred on any of the groundfish species. However, a new stock 
assessment on Pacific whiting incorporating 2001 hydroacoustic survey 
data was completed in early 2002. The new stock assessment revised the 
spawning stock biomass to be lower than previously estimated over the 
past several years. Therefore, in retrospect, revised biomass estimates 
based on the results of the new assessment indicate that the 
exploitation rates on Pacific whiting in 1999, 2000, and 2001 were 
above the overfishing level.
    In the past, several changes to groundfish management, and rockfish 
management in particular, were intended to ensure that groundfish 
species were not subject to overfishing harvest rates. These changes 
included separating the rockfish complex into species and assemblages 
(nearshore, shelf, and slope), closing fisheries inseason once the OY 
has been reached, structuring the season to reduce bycatch of 
overfished species, imposing gear restrictions, requiring sorting of 
rockfish to improve landings data, and restructuring the season and 
trip limits inseason. As information on the stocks improves, management 
measures continue to evolve. For 2003, management measures are more 
restrictive in order to protect overfished species, including reduced 
harvest levels, depth based management, closed areas and seasons. Area 
closures north of Cape Mendocino, CA, were primarily designed to 
protect canary rockfish, but are also expected to provide protection 
for other northern overfished species such as darkblotched rockfish, 
lingcod, POP, yelloweye rockfish, and widow rockfish. Area closures 
south of Cape Mendocino, CA were primarily designed to protect bocaccio 
rockfish, but are also expected to provide protection for other 
southern overfished species such as cowcod, lingcod, and darkblotched 
rockfish in its southern range.
    Bycatch and Discard Accounting
    The Magnuson-Stevens Act defines bycatch as ``fish which are 
harvested in a fishery, which are not sold or kept for personal use, 
and include economic discards and regulatory discards.'' By contrast, 
Pacific Coast groundfish fishery management and many other fishery 
management regimes commonly use the term bycatch to describe non-
targeted species that are caught in common with (co-occur with) target 
species, some of which are landed and sold or otherwise used and some 
of which are discarded. The term ``discard'' is used to describe those 
fish harvested that are neither landed nor used. For the purposes of 
this proposed rule, the term ``bycatch'' is used to describe a species' 
co-occurrence with a target species, regardless of that first species' 
disposition.
    West Coast groundfish species are rarely found in isolation. They 
normally form associations with other groundfish species that vary by 
geographic location, position in the water column, and season. 
Fisheries management recognizes this mix by setting management measures 
that discourage targeting of more abundant stocks in times when and 
areas where depleted stocks may co-occur with those healthy stocks. 
Fisheries management also recognizes this mix by structuring retention 
allowances for the harvestable amounts of depleted stocks so that 
fisheries have some limited opportunity to access more abundant fish 
stocks.
    With the exception of the mid-water trawl fishery for Pacific 
whiting, most groundfish vessels sort their catch at sea and discard 
species that are either in excess of cumulative trip limits, 
unmarketable, in excess of annual allocations, or incidentally caught 
non-groundfish species. Landed or retained catch has been monitored by 
the three state-run fish ticket programs in Washington, Oregon, and 
California. Since August 2001, total catch (landed catch + discards) 
has been monitored through a Federal observer program. (For more 
information on the NMFS observer program and the observer coverage 
plan, see http://wwwnwfsc.noaa.gov/fram/Observer .) Widow, yellowtail, 
canary and darkblotched rockfish discard in the at-sea whiting 
fisheries is monitored inseason and actual discard numbers are deducted 
from the OY.
    Groundfish management measures include provisions to reduce trip 
limit-induced discards and to account for those discards when 
monitoring harvest levels OYs. Historically, NMFS and the Council have 
accounted for dead discards by estimating the amounts of certain 
species OYs that would be discarded dead, and then subtracting those 
amounts from the total catch OYs to get landed catch levels for those 
species. These discard rates have been expressed as a percent of total 
catch OY, so that a 16- percent discard rate for a species meant that 
16 percent of that species' total catch OY would be deducted to derive 
that species' landed catch OY. Then, management measures were set to 
achieve the landed catch OY for that species. Using discard rates was 
intended to account for dead fish either as dead discard or in landed 
catch. For all species except lingcod, sablefish, and nearshore 
rockfish species, it is assumed that discarded fish are generally dead 
upon discard or die soon after being discarded. Rockfish, particularly 
deepwater species, are severely stressed by decompression and 
temperature shock; however, lingcod discard mortality studies show 
about a 50-percent discard survival rate. There is no exact measure of 
discard amounts in most fisheries. Assumed amounts are taken into 
account to determine the fishing mortality level and to prevent overall 
harvest from exceeding the OYs.
    NMFS approach to bycatch management in the 2002 specifications and 
management measures was a radical departure from historic bycatch 
management practices. The primary emphasis of the bycatch modeling that 
NMFS used in the development of the 2002 management measures was the 
estimation of the total amounts of bycatch species that would be caught 
coincidentally with available target species. The new management 
approach structured the amount and timing of cumulative landings limits 
for target species so that the expected total catch of both target and 
bycatch species not


[[Page 954]]


exceed their allowable annual harvests. This new approach better 
accounted for the total mortality of the overfished stocks taken as 
bycatch than the previous method of applying estimated discard rates to 
the annual OY to calculate landed catch harvest guidelines. NMFS 
believes that setting cumulative landing limits for both target and 
bycatch species based on their co-occurrence in the catch will help 
ensure that annual OYs for bycatch species are not exceeded. Additional 
information on the bycatch analysis used in setting the 2002 
specifications and management measures is available in the preambles to 
the proposed and final rules implementing that regulatory package, at 
67 FR 1555 (January 11, 2002) and 67 FR 10490 (March 7, 2002,) 
respectively.
    Discard rates for individual groundfish species or species groups 
are provided in the species-specific footnotes to Table 1 of this 
document. Although no longer the first line of defense, calculating 
landed catch OYs based on estimated discard rates is still a strong 
second line of defense. NMFS new modeling approach for 2002 provided 
insight into the expected level of discards that are associated with 
total amounts of catch. Results from the modeling were drawn upon to 
estimate landed catch OYs for overfished species taken incidentally in 
the commercial fishery. Landings were monitored so that inseason action 
could be taken to reduce fishing effort for one or more of the target 
species. During 2002, notable closures and restrictive regulations were 
implemented to prevent overharvest of overfished species.
    The third line of defense is the revision of the procedures used 
for evaluating inseason progress of the fishery and for making 
management adjustments for the target species, and will also help 
ensure that annual OYs for overfished species are not exceeded. In 
previous years, when inseason monitoring had revealed that landings of 
a target species or complex were progressing at a rate that was too 
fast or too slow, adjustments were made to the cumulative landings 
limits based primarily on achieving the annual OY for the target 
species with little consideration of the bycatch implications of 
changing those limits. For 2002 inseason actions, the bycatch model was 
used to evaluate the bycatch consequences of any deviations from the 
projected target fishery landings, and of any changes in target species 
limits during the remainder of the year. Target species landings limits 
were not adjusted upwards when an adjustment meant that an associated 
bycatch species total catch OY would be exceeded, even if the annual OY 
for the target species would not be achieved.
    For setting its 2003 specifications and management measures, the 
Council again relied on the 2002 bycatch analysis described earlier in 
this document, adjusted as described below. However, NMFS anticipates 
revising the co-occurrence rates in the bycatch analysis in early 2003, 
based on the agency's evaluation of how those rates compare with rates 
recorded in the first year of the Federal at-sea observer program 
(August 2001 through August 2002). These revised co-occurrence rates 
will be used to guide decisions on inseason actions in 2003, just as 
the original bycatch analysis guided those decisions in 2002.
    As discussed in more detail following this section, the Council has 
introduced new closed areas for 2003, intended to prevent vessels from 
fishing in waters where overfished species commonly occur. The Council 
and its advisory bodies expected that introducing new depth based 
management measures would require adjusting the bycatch analysis to 
better recognize fishing patterns in the areas remaining open to 
fishing. Additionally, 2003 depth-related revisions to the bycatch 
analysis would have to account for expected effort shift by vessels 
that had historically operated in the formerly open areas.
    To account for varying fishing patterns by depth, the Groundfish 
Management Team (GMT) estimated the percentage of effort shift from 
closed areas to the remaining open fishing areas, then estimated the 
percentage of target species OYs that would be taken in the nearshore 
and offshore open areas. Some deepwater species, such as sablefish, 
will likely only be taken offshore of the closed areas; similarly, 
vessels will be targeting nearshore species shoreward of the closed 
areas. Other species, such as Dover sole, are distributed more broadly 
and will likely be taken in both the nearshore and offshore open areas. 
Once the GMT had set formulas to account for effort shift and target 
species availability in open fishing areas, the GMT addressed expected 
bycatch rates within those open areas.
    Using the bycatch rates approved by the Council for the 2002 
groundfish fisheries, the GMT analyzed bycatch rates for the same 
combinations of targeted and overfished stocks by depth and by two-
month fishing period in trawl logbooks. Because the bycatch rates from 
trawl logbooks for the total fishing area were lower than those chosen 
by the Council for 2002 management, the GMT assumed that depth-specific 
bycatch rates shown in the trawl logbooks were not adequately 
conservative. Thus, the GMT adjusted depth-specific trawl logbook 
bycatch rates by the ratio between the Council's 2001/2002 selected 
rates for all areas and the logbook rates for all areas. From these 
adjustments, the GMT set new depth- and fishing period-specific bycatch 
rates that were compatible with the more conservative all areas bycatch 
rates the Council set in 2002. The SSC evaluated the GMT's methodology 
for setting depth based bycatch rates for 2003 and noted that the 
methods chosen were reasonable, yet would benefit from the expected 
2003 analysis of the bycatch model against data gathered in the at-sea 
observer program.
    In designing trip limits, season closures, and other management 
measures, the GMT crafted trip limit scenarios for targeted and bycatch 
species taken in the open areas that were calculated to keep the total 
catch (landed + discard) of targeted species and overfished species 
below their respective OYs. The Council's ultimate trip limit, season, 
and area closure recommendations were shaped largely by the depth-
adapted 2001/2002 bycatch and discard analysis and are proposed in 
section IV of this proposed rule.
    Depth-based Management
    Since 1998, groundfish management measures have been shaped by the 
need to rebuild overfished groundfish stocks. The over 80 species in 
the West Coast groundfish complex mix with each other to varying 
degrees throughout the year and in different portions of the water 
column. Some species, like Pacific whiting, are strongly aggregated, 
making them easier to target with relatively little bycatch of other 
species. Conversely, other species like canary rockfish may occur in 
species specific clusters, but are also found co-occurring with a wide 
variety of other groundfish species. Over the past several years, 
groundfish management measures have been more carefully crafted to 
recognize the tendencies of overfished species to co-occur with healthy 
stocks in certain times and areas.
    With the 2002 specifications and management measures, the Council 
introduced a new bycatch analysis model, discussed earlier, that 
allowed managers to set trip limits so that more abundant stocks were 
more strongly targeted in times when they were less likely to co-occur 
with overfished stocks. The 2002 management measures primarily varied 
by time (two-month period) and by north-south management area (north of 
Cape Mendocino, between Cape Mendocino and Point Conception,


[[Page 955]]


south of Point Conception, etc.) For 2003, the Council has recommended 
using a new management tool: depth-based closures intended to prevent 
vessels from fishing in depths where overfished species commonly occur 
while still allowing some fishing for more abundant stocks in the open 
areas.
    Depth-based management closures for the continental shelf were 
first introduced on September 13, 2002 (67 FR 57973), with an emergency 
rule that closed trawling in the months of September-December 2002 in 
waters north of 40[deg]10' N. lat. (approximately at Cape Mendocino) at 
depths where darkblotched rockfish commonly occurs. At its June 2002 
meeting, the Council had found that the darkblotched rockfish estimated 
total catch was expected to exceed the OY before the end of 2002. In 
order to protect darkblotched rockfish from overharvest while still 
allowing fisheries access to underharvested healthy stocks, the Council 
asked NMFS to implement an emergency rule that would allow trawl gear 
only shoreward of 100 fm (184 m) and offshore of 250 fm (461 m). NMFS 
reviewed and implemented the Council's request, revising the 
restrictions to allow fishing shoreward of 100 fm (184 m) only in 
October-December and offshore of 250 fm (461 mt) in September-December, 
to prevent overharvest of canary rockfish and darkblotched rockfish in 
September.
    The September-December 2002 closure was intended to specifically 
protect darkblotched rockfish, which are commonly caught by trawl gear 
in waters of 70-250 fm (128-457 m) depth. In designing 2003 management 
measures, the Council considered depth closures that would provide 
protection for several overfished species. Different closed areas are 
provided for different gear types, as not all gear types encounter each 
overfished species at the same rate or in similar areas. POP, for 
example, is almost exclusively caught in trawl fisheries, whereas 
yelloweye rockfish tends to be caught by hook-and-line gear.
    For the limited entry bottom trawl fisheries north of 40[deg]10' N. 
lat., canary rockfish tends to be available in 20-200 fm (37-366 m) 
depths, with higher catches in more shallow areas during the summer. As 
mentioned earlier, darkblotched rockfish tends to be found in 70-250 fm 
(128-457 m). To provide protection for all of these stocks in 2003, the 
Council recommended a closed area for bottom trawl fisheries north of 
40[deg]10' N. lat. of 100-250 fm (184-461 m) depths, with the inshore 
closed area boundary line moving to 75 fm (137 m) for the months of 
July-August. This closure is expected to protect canary and 
darkblotched rockfish in areas where they have historically been taken 
by trawl fisheries. In the months of January-February and November-
December, the offshore closed area boundary would be revised to allow 
some bottom trawling in areas where petrale sole tends to aggregate. 
(See paragraph IV A. (19) for exact coordinates.) This closed area is 
also expected to protect other northern continental shelf and slope 
overfished species, such as lingcod, widow rockfish, POP, and yelloweye 
rockfish. Large footrope bottom trawling would be prohibited shoreward 
of the closed areas. Midwater trawling, as defined at 50 CFR 
660.322(b)(6) would be permitted within the closed area for Pacific 
whiting, yellowtail and widow rockfish because these fishing strategies 
have historically encountered only small amounts of overfished species 
as bycatch. Trawling with open access exempted gear for species other 
than groundfish (spot prawn off Oregon and pink shrimp north of 
40[deg]10' N. lat) would be permitted within the closed area. However, 
the States require groundfish excluder devices to be used in the pink 
shrimp fishery.
    In the limited entry bottom trawl and open access exempted trawl 
fisheries south of 40[deg]10' N. lat., bocaccio tend to be found in 45-
160 fm (82-293 m) depths and the greatest number of bocaccio tend to be 
taken between 40[deg]10' N. lat. and 34[deg]27' N. lat. (Point 
Conception.) Although darkblotched rockfish are considered a northern 
species, they are also found between 40[deg]10' N. lat. and 38[deg]
N. 
lat. To protect these overfished species, the Council recommended 
closing bottom trawling between 40[deg]10' N. lat. and 38[deg]
N. lat. 
in 60-250 fm (110-457 m) depths, except that the inshore closed area 
boundary would be at 50 fm (91 m) in January-February. Between 38[deg]
N. lat. and 34[deg]27' N. lat., bottom trawling would be closed in 60-
150 fm (110-274 m) depths, except that the inshore closed area boundary 
would be at 50 fm (91 m) in January-February. South of 34[deg]27' N. 
lat., bottom trawling would be permitted along the mainland coast (not 
off California islands) inside of 100 fm (183 m). Around the California 
islands, bottom trawling would be prohibited shoreward of 150 fm (274 
m). Midwater trawling, as defined at 50 CFR 660.322(b)(6), would be 
permitted within the closed areas only for widow rockfish and whiting. 
For all areas, large footrope bottom trawling would be prohibited 
shoreward of the closed areas. Small footrope trawls are less able to 
fish in the rocky habitat preferred by many of the overfished rockfish 
species. In addition to these depth closures, the CCAs will remain 
closed to fishing offshore of 20 fm (37 m).
    North of Cape Mendocino, CA, limited entry fixed gear and open 
access hook-and-line fisheries have a greater effect on yelloweye 
rockfish and a lesser effect on darkblotched rockfish than trawl gear 
fisheries. Thus, depth restrictions for these fisheries were designed 
to prevent hook-and-line gear from operating in depths where yelloweye 
rockfish are commonly found, 100 fm (183 m) and shallower. The Council 
has recommended closing limited entry and open access hook-and-line 
fishing shoreward of the 100 fm (183 m) contour off the Washington 
coast, and between 27 fm (49 m) and 100 fm (183 m) off the Oregon coast 
and off California north of 40[deg]10' N. lat. The 27-fm (49-m) contour 
occurs entirely in State waters off the State of Washington and 
commercial fishing for groundfish is prohibited in State waters off 
Washington, making an inshore closed area boundary moot for that State. 
Fishing is permitted shoreward of the 27 fm (49 m) boundary off Oregon 
and northern California because this area tends to be inshore of the 
areas where overfished species occur.
    South of 40[deg]10' N. lat., limited entry fixed gear and open 
access fisheries will be primarily constrained by management measures 
to protect bocaccio. Fishing will be prohibited between the 20-fm (37-
m) and 150-fm (274-m) depth contours throughout the year. The Council 
recommended an exception to this prohibition for commercial vessels 
using hook-and-line gear with no more than 12 hooks per line and up to 
1 lb (.45 kg) weight per line, using hooks no larger than ``Number 2'' 
hooks, which measure 11 mm (0.44 inches) point to shank. This type of 
gear is used by vessels fishing for Pacific sanddabs, an abundant 
species that does not usually co-occur with overfished species. Hook-
and-line vessels will also be permitted to fish in waters of 20-60 fm 
(37-110 m) depths during July and August. In addition to these depth 
closures, the CCAs will remain closed to fishing offshore of 20 fm (37 
m).
    Anticipating inseason adjustments to depth-based management 
measures, designed to protect overfished species while allowing the 
harvest of healthy groundfish stocks, the states of Oregon and 
California supplied coordinates for two additional depth contours. A 
50-fm (91-m) depth contour off the state of Oregon and/or a 150-fm 
(270-m) depth


[[Page 956]]


contour between 46[deg]16' N. lat. and 38[deg]N. lat. may be 
implemented at any time during 2003 through an inseason action.
    Recreational fisheries off Washington, Oregon, and California north 
of 40[deg]10' N. lat. will be subject to fewer depth restrictions than 
the commercial fisheries, primarily because most recreational vessels 
tend to operate in the nearshore area inside State waters. Off 
Washington, recreational fishing for groundfish and halibut will be 
prohibited inside the YRCA, a C-shaped closed area off the northern 
Washington coast. Coordinates for the YRCA will be defined at 50 CFR 
660.304(d). Off Oregon and California north of 40[deg]10' N. lat., 
recreational fishing for groundfish will be closed outside of 27 fm (49 
m) if either the yelloweye or canary rockfish recreational fisheries 
set asides are projected to be achieved.
    As in past years, recreational fisheries off California south of 
40[deg]10' N. lat., will be constrained by depth in order to reduce 
catch of bocaccio and other overfished rockfish species. Recreational 
fishing for groundfish will be prohibited entirely in waters offshore 
of the 20 fm (37 m) depth contour. The CCAs will also remain closed to 
fishing offshore of 20 fm (37 m). Coordinates defining the CCAs have 
changed modestly to ensure that the CCAs comply with depth-based 
closures for waters off southern California. CCA coordinates will be 
defined at 50 CFR 660.304(c).
    Many of the closed areas and boundary lines are generally described 
using a fathom contour line. All of these lines, except the 20 fm (37 
m) contour off California south of 40[deg]10' N. lat. and the 3-
nautical mile State management line off California, are specifically 
defined in the regulations at IV.A. (19), using latitude/longitude 
waypoints. These waypoint coordinates provide straight-line boundaries 
that approximate the depth-contours to provide clarity to the closed 
area boundaries for enforcement purposes. To ensure that consistent 
nomenclature is used coastwide, an area closed to fishing for 
groundfish will be referred to as a ``Groundfish Conservation Area'' in 
general, regardless of whether the boundaries of that area change 
during the year. The YRCA and the CCA are defined by coordinates that 
are fixed throughout the year. The larger, gear or sector-specific 
closed areas described by depth contour boundaries for the 2003 fishing 
year will be referred to as ``Rockfish Conservation Areas,'' or RCAs. 
For example, there will be both a trawl RCA and a non-trawl RCA north 
of 40[deg]10' N. lat. Boundaries for the RCAs will be referred to as 
either the ``inshore boundary,'' meaning the RCA boundary or borderline 
that is closest to shore, or the ``offshore boundary,'' meaning the RCA 
boundary or borderline that is farthest offshore.
    At its September meeting, the Council adopted the State of 
California's recommendation to create a California Rockfish 
Conservation Area (CRCA) in waters south of 40[deg]10' N. lat. To 
ensure consistent coastwide nomenclature, this area will be referred to 
as an RCA in Federal regulations. NMFS anticipates that the Council and 
the State of California may continue to refer to the CRCA in management 
discussions. This RCA south of 40[deg]10' N. lat. will be an area of 
restricted or no fishing intended to protect overfished rockfish 
species. This restricted area is proposed as ocean waters of 20-250 fm 
(37-457 m) depth between 40[deg]10' N. lat. and 38[deg]
N. lat and 
waters of 20-150 fm (37-274 m) depth between 38[deg]
N. lat. and the 
U.S. border with Mexico. The restrictions for that area that apply to 
the groundfish fisheries and the exceptions to those restrictions are 
described earlier in the section on depth based management. Any vessel 
allowed to fish within the CRCA based on an exception to a fishing 
restriction would be required to accommodate a State or Federal 
observer, if requested. In creating this RCA, the Council and the State 
of California wished to ensure that they had accounted for all 
fisheries that operate in waters where overfished rockfish species 
occur, whether State or federally managed. Several of the restrictions 
within the RCA affect only State-managed species and will be 
implemented through State regulations. Other restrictions affect 
federally-managed species other than groundfish, such as salmon, and 
will be implemented through Federal salmon regulations.
    Vessel Monitoring System (VMS)
    Routine monitoring of the fishing fleet is used to ensure that 
vessel operators comply with fisheries regulations. Traditional 
monitoring techniques include the monitoring of fisheries from air and 
surface craft, observer programs and analysis of catch records and 
vessel logbooks. The efficiency of these surveillance techniques can be 
dramatically enhanced by the addition of a VMS. VMS is a tool that is 
commonly used to monitor vessel activity in relationship to 
geographically defined management areas where fishing activity is 
restricted. VMS transmitters installed aboard each vessel automatically 
determine the vessel's location and transmit that position to a 
processing center via a communication satellite where the information 
is validated and analyzed before being disseminated for fisheries 
management, surveillance and enforcement purposes. Transmitters are 
designed to be tamper resistant and automatic.
    Time area closures have long been used to restrict fishing activity 
in the Pacific Coast groundfish fishery in order to keep harvests 
within sector allocations and at sustainable levels or to prohibit the 
catch of certain species. Until September 2002, geographically defined 
areas tended to be in the nearshore area or defined by simple latitude 
lines. On September 13, 2002, NMFS published an emergency rule that 
established a Darkblotched Rockfish Conservation Area for the Pacific 
Coast groundfish fishery (67 FR 57973), a large irregularly shaped 
geographical area defined by a series of latitudinal and longitudinal 
coordinates that extends far offshore with much activity being beyond 
the range of State enforcement capabilities. Coastwide, depth-based 
areas defined for 2003 are similarly defined. Traditional enforcement 
of time areas closures is most effective when the geographical areas 
are nearshore, small, and defined by simple line. Therefore, management 
and enforcement of the large irregularly shaped areas proposed for the 
Pacific Coast groundfish fishery would be greatly enhanced if a VMS 
program were established. The Council recommended that NMFS move 
forward in developing a VMS program with the intention of having a 
system in place by mid-year 2003.
    For October-December 2002, Washington and Oregon were able to 
monitor mid-water fisheries for yellowtail and widow rockfish in the 
DBCA through a vessel declaration process. The declaration process 
required vessels intending to fish within the closed area with mid-
water gear to declare their intentions to the States. The States were 
able to fund this process because each vessel was limited to two trips 
per 2-month period, which also limited the number of declarations the 
States would have to track. In 2003, the States will not be able to 
monitor fisheries occurring within the closed areas with a declaration 
process because they are unable to fund such a process. Federal 
regulations proposing implementation of a VMS system will address the 
possible need for a Federal declaration system in conjunction with VMS 
coverage.


II. Commercial and Recreational Fisheries


    Since 1994, the non-tribal commercial groundfish fishery has been 
divided into


[[Page 957]]


limited entry and open access sectors, each with its own set of 
allocations and management measures. Species or species group 
allocations between the two sectors are based on the relative amounts 
of a species or species group taken by each component of the fishery 
during the 1984-1988 limited entry permit qualification period (50 CFR 
660.332). The FMP allows suspension of this allocation formula for 
overfished species when changes to the traditional allocation formula 
are needed to better protect overfished species (FMP, section 5.3.2).
    Historically, groundfish species and/or species groups have not 
been allocated between the commercial and recreational fisheries. 
Fishery managers instead estimated the amount that would be taken in 
the recreational fisheries and set that amount aside before determining 
the allowable harvest for the non-tribal commercial sectors. For 2003, 
the Council has recommended adopting nearshore groundfish allocations 
between the recreational and commercial fisheries. These allocations 
were proposed by the States of Oregon and California for waters off 
their coasts north and south of 40[deg]10' N. lat. and are intended to 
maintain the ratio between recreational and commercial landings 2000. 
Most of the fish subject to the allocation will be taken in State 
waters, but State-Federal management of these nearshore species is 
coordinated through the Council. Commercial groundfish fishing is 
prohibited in Washington State waters.
    Groundfish species or species group allocations and set asides for 
the tribal and non-tribal sectors, and between the different non-tribal 
commercial and recreational sectors, are detailed in Tables 1a and 1b. 
All OYs, allocations and set asides are expressed in terms of total 
catch. The limited entry/open access allocations for bocaccio, canary, 
darkblotched, yelloweye rockfish, and the nearshore rockfish species 
group would be suspended to allow the Council to better develop 
management measures that provide harvest opportunity for more abundant 
stocks while protecting overfished stocks. Estimates of trip-limit 
induced discards are taken ``off the top'' and in accordance with the 
bycatch and discard analysis described earlier in this notice before 
setting the non-tribal sector allocations, except for estimates of 
sablefish discards as explained in the footnotes to Table 1a. Landed 
catch equivalents are the harvest goals used when adjusting trip limits 
and other management measures during the season. Estimated bycatch of 
yellowtail, widow, canary, and darkblotched rockfish in the offshore 
whiting fishery is also deducted from the limited entry allocations 
before determining the landed catch equivalents for the target 
fisheries for widow and yellowtail rockfish.


Open Access Allocations


    The open access fishery is composed of vessels that operate under 
the OYs, 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 limited entry permits 
endorsed for that gear. Exempt gear includes all types of legal 
groundfish fishing gear except groundfish trawl, longline, and pots. 
(Exempt gear includes trawls used to harvest pink shrimp, spot or 
ridgeback prawns (shrimp trawls) and halibut or sea cucumbers south of 
Pt. Arena, CA (38[deg]57'30'' N. lat.)
    Open access allocations are derived by applying the open access 
allocation percentages to the commercial OY. The commercial OY is the 
total catch OY after subtracting any tribal allocations and set-asides 
for recreational fisheries or compensation fishing for conducting 
resource surveys. 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 is the fishery composed of vessels using 
limited entry gear fished pursuant to the OYs, quotas, and other 
management measures governing the limited entry fishery. Limited entry 
gear includes 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 or ridgeback prawns, 
and other trawls used to fish for California halibut or sea cucumbers 
south of Pt. Arena, CA. A sablefish endorsement is also required for a 
vessel to operate in the limited entry primary fixed gear season for 
sablefish.
    The limited entry allocation (in total catch) is the OY reduced by 
(1) set-asides, if any, for treaty tribal fisheries, recreational 
fisheries, or compensation fishing for participation in resource 
surveys (which results in the commercial OY or quota); and (2) the open 
access allocation. (Allocations for Washington coastal tribal fisheries 
are discussed in Section V. and, for Pacific whiting, at paragraph 
IV.B.(3).)
    Following these procedures, the Regional Administrator calculated 
the amounts of allocations that are presented in Table 1a of this 
document. Unless otherwise specified, the limited entry and open access 
allocations would be treated as OYs or harvest guidelines in 2003. 
There may be slight discrepancies from the Council's recommendations 
due to rounding.


III. 2003 Management Measures


    Before 2000, the major goals of groundfish management were to 
prevent overfishing while achieving the OYs and to provide year-round 
fisheries for the major species or species groups. Over time, however, 
it became apparent that a number of species could not continue to be 
harvested year-round at a constant harvest rate. New legislative 
mandates under the Magnuson-Stevens Act (as amended by the Sustainable 
Fisheries Act in 1996) gave highest priority to preventing overfishing 
and rebuilding overfished stocks to their MSY levels. The National 
Standard Guidelines at 50 CFR 600.310 interpreted this as ``weak stock 
management,'' which means that harvest of more abundant stocks may need 
to be curtailed to prevent overfishing or to rebuild overfished stocks.
    Nine FMP species were declared overfished as of March 2002 
(lingcod, bocaccio, POP, canary rockfish, cowcod, widow rockfish, 
darkblotched rockfish, yelloweye rockfish and Pacific whiting). Of the 
management measures intended to protect these species, measures for 
canary and darkblotched rockfish protection in the north and bocaccio 
protection in the south are the most constraining, because both species 
are broadly distributed on the continental shelf. Canary rockfish 
management is constraining because canary rockfish are caught directly 
or incidentally in most West Coast fisheries (groundfish and non-
groundfish.) In order to rebuild these overfished species while 
allowing harvest of more abundant stocks, the Council chose management 
measures that prohibit bottom trawling over large portions of the 
continental shelf, where lingcod, bocaccio, canary rockfish, cowcod, 
widow rockfish, yelloweye rockfish, and, to a lesser extent, POP and 
darkblotched rockfish occur. As discussed earlier in this notice, the 
depth based management measures introduced for 2003 are gear-specific 
and have been crafted to maximize fishing opportunity for more abundant 
stocks in times when and areas where bycatch and discard of overfished 
and depleted stocks is estimated to be lowest.


[[Page 958]]


    Management measures for the limited entry fishery are found in 
section IV. Most cumulative trip limits, size limits, and seasons for 
the limited entry fishery are set out in Tables 3 and 4 of section IV. 
However, the limited entry nontrawl sablefish fishery, the midwater 
trawl fishery for Pacific whiting, and the hook-and-line fishery for 
black rockfish off Washington are managed separately from the majority 
of the groundfish species and are not fully addressed in the tables. 
The management structure for these fisheries has not changed since 
2002, except for the level of trip limits for sablefish and Pacific 
whiting, and is described in paragraphs IV.B.(2)-(4) of section IV. 
Other provisions for the 2002 fisheries not explicitly addressed above 
would remain in effect for 2003 and are repeated in section V. of this 
document.
    After hearing proposals and advice from its advisory entities and 
public testimony at its September 2002 meeting, the Council recommended 
the following actions for management in 2003.


Limited Entry Trawl


    For the limited entry trawl fishery, the Council recommended a 
suite of gear restrictions, area closures and cumulative trip limits 
designed to allow fishing with gear in times and areas where incidental 
catch of overfished or depleted species will be minimized. In 2002, 
limits for some species groups were more varied than those proposed for 
2003 because the 2002 limits were set to encourage (higher limits) or 
discourage (lower limits) fishing in different depths. Because the 
Council has recommended depth based closures for 2003, trip limits for 
those species taken in areas that remain open vary less than in 2002. 
Many of the more abundant groundfish stocks, such as the suite of 
flatfish species, are harvested almost exclusively with trawl gear, 
rather than with hook-and-line gear. Similarly to closed areas designed 
to protect overfished species taken with trawl gear, the limited entry 
trawl trip limit regime for more abundant stocks is gear-specific.
    Flatfish fisheries are managed with more restrictive trip limits 
and an expanded closed area during the summer months, when 
participation is greater and trawl tows for flatfish are more likely to 
encounter overfished species. Dover sole, sablefish, thornyhead (DTS) 
complex limits vary only slightly throughout the year because fishing 
for these species is expected to largely take place on the continental 
slope, beyond the offshore boundary of the trawl RCAs. North of 
40[deg]10' N. lat., the trawl RCA is primarily intended to protect 
canary and darkblotched rockfish; south of 40[deg]10' N. lat., the 
trawl RCA is primarily intended to protect bocaccio.
    As in 2002, trawl-caught lingcod retention would be permitted 
throughout the year, with higher limits in the summer months. Lingcod 
caught incidentally during winter trawl fisheries would otherwise be 
discarded and thereby increase the overall lingcod discard level in the 
trawl fisheries. The lingcod landings limits of 800 lb (363 kg) per 2-
month period in the winter months and 1,000 lb (454 kg) per 2-month 
period in the summer months are not high enough to give trawlers an 
incentive to target lingcod. Total lingcod catch is expected to be well 
under the lingcod OY due to fishery restrictions intended to protect 
other overfished species.
    For 2003, the Council recommended continuing the use of 
differential trip limits for limited entry trawlers operating with 
different trawl gear configurations: bottom trawl with footropes 
greater than 8 inches (20.5 cm) in diameter (large footrope); bottom 
trawl with footropes smaller than 8 inches (20.5 cm) in diameter (small 
footrope); and midwater or pelagic trawl. Trawling with footropes that 
have roller gear or other large gear designed to bounce over tough rock 
piles tends to allow those vessels greater access to rocky areas where 
several of the overfished species congregate. Therefore, landings of 
shelf rockfish are prohibited if large footrope trawls (such as roller 
gear) are used (or are on board the vessel); small amounts of shelf 
rockfish bycatch may be landed if small footrope trawls are used; and, 
targeting more abundant shelf rockfish stocks is encouraged only if 
midwater trawls are used. Midwater trawl gear generally has very low 
bycatch of overfished species because most of those species aggregate 
on or near the ocean bottom, where mid-water trawl gear does not 
operate. To further ensure that large footrope trawl gear is not used 
in nearshore and continental shelf areas, bottom trawling with large 
footrope gear is prohibited shoreward of the RCAs. Within the RCAs, 
bottom trawling will be prohibited for all groundfish and mid-water 
trawling will be permitted only for Pacific whiting, widow rockfish and 
yellowtail rockfish north of 40[deg]10' N. lat. and only for whiting 
and widow rockfish south of 40[deg]10' N. lat. If a vessel fishes in an 
RCA, it may not participate in any fishing on that same trip that is 
inconsistent with the restrictions that apply within the RCA. For 
example, if a vessel participates in the shrimp fishery within the RCA, 
the vessel cannot on the same trip participate in the DTS fishery 
outside the RCA. Additionally, only one trawl gear type will be 
permitted on board per fishing trip. Cowcod prohibitions and CCAs apply 
to limited entry trawl vessels, although there are few limited entry 
trawl vessels operating south of Point Conception in CCA waters.
    Large footrope trawls may still be used for deepwater fisheries 
where fewer overfished species are encountered. These fisheries 
primarily take Dover and rex soles, thornyheads, sablefish, and 
deepwater rockfish. Higher limits of yellowtail and widow rockfish are 
available when those species are taken with midwater trawl gear during 
the primary whiting season. Yellowtail rockfish taken with small 
footrope gear is restricted to 1,000 lb (454 kg) per month unless it is 
taken with flatfish, or taken during November-December. These combined 
yellowtail rockfish management measures are intended to allow 
yellowtail rockfish retention in fisheries, times and areas where 
incidental harvest of overfished species is lower.


Limited Entry Fixed Gear


    Similar to the limited entry trawl fisheries, trip limit 
opportunities and area closures in the limited entry fixed gear 
fisheries are arranged to minimize opportunities for intercepting 
overfished species. As discussed earlier, limited entry fixed gear 
fisheries will be closed in times when and areas where they are 
expected to intercept overfished species.
    North of 40[deg]10' N. lat., management measures to protect 
yelloweye rockfish constrain the limited entry fixed gear fishery by 
prohibiting those vessels from operating in an RCA of 27-100 fm (49-183 
m) depths. Washington State waters (shore to 3 nm) are closed to 
commercial groundfish fishing and the 27 fm (49 m) contour is entirely 
within State waters, which means that limited entry fixed gear vessels 
operating off Washington will not have nearshore fishing opportunities. 
South of the Washington/Oregon border at 46[deg]16' N. lat. and north 
of 40[deg]10' N. lat., the primary limited entry fixed gear fishing 
opportunity shoreward of the RCA will be for nearshore rockfish. 
Similar to 2002, fisheries for minor nearshore rockfish north of 
40[deg]10' N. lat. are managed with sublimits for species other than 
black and blue rockfish, to encourage targeting on these more abundant 
nearshore rockfish species.
    South of 40[deg]10' N. lat., the limited entry fixed gear RCA is in 
20-150 fm (37-274 m) depths to protect bocaccio and other overfished 
rockfish. In 2001


[[Page 959]]


and 2002, this fishery and the open access hook-and-line fishery had 
season structures tied to that of the recreational fishery south of 
40[deg]10' N. lat. This season structure link was intended to 
facilitate enforcement, so that similar gear types would be either on 
or off the water at the same time. For 2003, the recreational and 
commercial fisheries will be separated because the recreational season 
has been shifted to a six month July-December block. If commercial 
hook-and-line fisheries were restricted to July-December, key fishing 
and marketing months in spring and early summer would be closed. Trip 
limits for species available in the open inshore area tend to be higher 
in the summer months. For the first time in 2003, species in the minor 
nearshore rockfish complex in the south will be managed with different 
trip limits for a shallow nearshore group, a deeper nearshore group, 
and California scorpionfish (shallow and deeper nearshore groups 
defined at IV.A.(20) and in Table 2.) These groups will be managed 
separately because the Council expects an increase in nearshore fishing 
effort due to fishing being prohibited in the RCA and wishes to spread 
that effort through the different minor nearshore species that will be 
available shoreward of the RCA. Cowcod prohibitions and closures 
continue to apply to limited entry, fixed gear vessels.
    Limited entry fixed gear fisheries for sablefish will likely be 
concentrated offshore of the RCAs north and south of 40[deg]10' N. lat. 
Larger sablefish, which sell for a higher price per pound than small 
sablefish, tend to be found farther offshore. The primary sablefish 
fishery will again be held from April 1 through October 31 north of 
36[deg]
N. lat. Minor slope rockfish are often caught in association 
with sablefish, therefore vessels will be permitted minor slope 
rockfish landings of up to 25 percent of the weight of sablefish landed 
during the months of March through October. Minor slope rockfish may 
not be landed unless taken with sablefish so as to discourage directed 
targeting on that complex. The northern overfished slope rockfish 
species, darkblotched rockfish and POP, are not commonly caught with 
fixed gear. Historically, yelloweye rockfish have been caught 
incidentally in hook-and-line sablefish fisheries. In 2003, however, 
hook-and-line sablefish fisheries will be moved offshore of yelloweye 
rockfish habitat through implementation of the RCAs. Yelloweye rockfish 
retention will again be prohibited in the 2003 limited entry fixed gear 
fisheries.
    As in 2001-2002, limited entry fixed gear fishing for lingcod will 
be prohibited during January through April and during November through 
December. These closures are intended to protect nest-guarding lingcod 
during the spawning and nesting season. Nest-guarding lingcod are more 
available to fixed gear than to trawl gear, because lingcod nest in 
rocky habitat that tears trawl gear while line gear may be used 
successfully in rocky areas. Winter closures for fixed gear are 
intended to eliminate fixed gear lingcod targeting.


Open Access Nontrawl Gear (Hook-and-line, Troll, Pot, Setnet, Trammel 
Net)


    The open access nontrawl fishery is managed separately from the 
limited entry fixed-gear fishery, but overfished species protection 
measures are similar for both sectors. As in the past, open access 
cumulative trip limits continue to be applied mostly to 2-month 
periods, and thornyheads may not be taken and retained north of 
34[deg]27' N. lat. Season structuring and RCAs are similar to those for 
the limited entry fixed gear fisheries, and implemented to protect the 
same overfished species. The lingcod fishery for all open access 
nontrawl gears is also subject to the same closures and size limits as 
the limited entry fixed gear fisheries. Similar to 2002, fisheries for 
minor nearshore rockfish north of 40[deg]10' N. lat. are managed with 
sublimits for species other than black and blue rockfish, to encourage 
targeting on these more abundant nearshore rockfish species. Cowcod 
prohibitions and closures apply to all open access vessels.
    Open access cumulative limits may exceed those for limited entry. 
If a vessel with a limited entry permit uses open access gear 
(including exempted trawl gear) and the open access cumulative limit is 
larger, the vessel will be constrained by the smaller, limited entry 
cumulative limit for the entire cumulative period.
    Open Access Exempted Trawl Gear
    Open access exempted trawl gear (used to harvest ridgeback prawns, 
California halibut, sea cucumbers, pink shrimp, or spot prawns in 
Oregon) is managed with both ``per trip'' limits, cumulative trip 
limits, and area closures. These trip limits are similar to those in 
2002, and the species-specific open access limits apply but may not 
exceed the overall groundfish limits. The groundfish limits in the pink 
shrimp fishery are 500 lb (227 kg) of groundfish per day, not to exceed 
1,500 lb (680 kg) per trip in the pink shrimp fishery. For other 
exempted trawl gears, there is a 300 lb (136 kg) per trip limit of 
groundfish. The pink shrimp fishery is subject to species-specific 
limits that are different from other open access limits for lingcod, 
canary rockfish, and sablefish. As with open access nontrawl gears, 
thornyheads may not be taken and retained north of 34[deg]27' N. lat. 
RCAs for the limited entry trawl fishery also apply to open access 
exempted trawl fisheries south of 40[deg]10' N. lat. Cowcod 
prohibitions and closures apply to all open access vessels.
    South of 40[deg]10' N. lat., the RCAs for exempted trawl gear are 
similar to those for limited entry trawl gear. Between 40[deg]10' N. 
lat. and 38[deg]
N. lat., trawling is prohibited in 60-250 fm (110-457 
m) depths (50-250 fm (91-457 m) in January-February) and large footrope 
trawling is prohibited shoreward of the RCA. Between 38[deg]
N. lat. 
and 34[deg]27' N. lat., trawling is prohibited in 60-150 (110-457 m) 
depths (50-250 fm (91-457 m) in January-February) and large footrope 
trawling is prohibited shoreward of the RCA. From 34[deg]27' N. lat. to 
the U.S. border with Mexico, trawling is prohibited in 100-150 fm (183-
274 m) depths and large footrope trawling is prohibited shoreward of 
the RCA.
    In addition to the trip limit restrictions and area closures south 
of 40[deg]10' N. lat., all three States are requiring that vessels 
operating in their pink shrimp trawl fisheries use finfish excluders. 
The States of Washington and California have banned trawling for spot 
prawns, requiring that spot prawn fishery participants use low bycatch 
pot gear. Oregon is in the process of considering whether to similarly 
ban trawling for spot prawns. The State of California is also requiring 
that ridgeback shrimp trawlers use finfish excluder devices, similar to 
requirements in the more northern pink shrimp trawl fishery.


Recreational Fishery


    Recreational fisheries effort has also been constrained to protect 
overfished species, particularly for lingcod, canary rockfish, 
bocaccio, and yelloweye rockfish, which have significant recreational 
catches. Washington, Oregon, and California each proposed, and the 
Council recommended, different combinations of seasons, bag limits, and 
size limits to best fit the needs of their recreational fisheries, 
while also meeting conservation goals.
    For lingcod, Washington proposed closing their recreational fishery 
for 5 months (January 1 - March 15, October 15 - December 31) and 
maintained its 2 fish bag limit and its 24 inch (61 cm) minimum size 
limit. For Oregon and California north of 40[deg]10' N. lat., the 
States proposed increasing the lingcod bag limit to 2 fish, and 
continuing the


[[Page 960]]


year-round fishery and 24 inch (61 cm) minimum size limit. For 
California, south of 40[deg]10' N. lat., California proposed 
maintaining its 2-lingcod bag limit and 24- inch (61-cm) size limit, 
but restricting its fishery to a 6- month season of July-December.
    Recreational fisheries management off Washington and Oregon will 
again be shaped this year by a need to maintain low yelloweye rockfish 
catch. Measures taken to protect yelloweye rockfish in 2002 will be 
maintained and expanded upon. Washington also proposed maintaining its 
10 rockfish bag limit, but reducing its canary rockfish sublimit to 1 
fish and prohibiting yelloweye rockfish retention. In the past, Oregon 
has had an overall rockfish bag limit of 10 fish. For 2003, Oregon 
proposed including rockfish within an overall 10 marine fish bag limit, 
a category that includes all marine fish except salmon, tuna, 
surfperch, sanddab, lingcod and baitfish (herring, anchovy, smelt, and 
sardine.) For Oregon anglers who take marine fish other than rockfish, 
this marine fish bag limit will reduce the amount of available 
rockfish. Within the 10 marine fish bag limit, Oregon has proposed a 
sublimit of no more than one canary rockfish and no more than one 
yelloweye rockfish. In reviewing the take of yelloweye rockfish in 
their recreational fisheries, the States of Washington and Oregon found 
that yelloweye rockfish is most frequently taken by vessels that travel 
offshore to target Pacific halibut. However, yelloweye rockfish are not 
taken while the vessel is fishing for halibut, but rather after the 
vessel has completed its halibut fishing and is headed for port. 
Therefore, prohibiting the retention of yelloweye rockfish when halibut 
are on the vessel should eliminate the directed harvest of yelloweye 
rockfish during halibut fishing trips, without causing discard of 
incidentally-caught yelloweye rockfish. Oregon has proposed prohibiting 
the retention of yelloweye rockfish during its all-depth halibut 
fisheries. Washington has proposed prohibiting all yelloweye rockfish 
retention off its shore, and will also prohibit recreational fishing 
for groundfish and halibut within the YRCA.
    Recreational fishing restrictions proposed by California are 
intended to ensure that fishing mortality does not exceed limits 
associated with rebuilding plans for bocaccio, canary rockfish, cowcod, 
and lingcod. In 2001 and 2002, California's recreational fisheries 
management measures were not sufficiently conservative to prevent their 
fisheries from exceeding their set asides for overfished rockfish 
species. Therefore, California has proposed notably more restrictive 
measures for 2003. North of 40[deg]10' N. lat., California recreational 
management measures will continue to be similar to those for waters off 
Oregon. South of 40[deg]10' N. lat., where the significant majority of 
California recreational fisheries occur, recreational fishing will be 
closed entirely January through June and open only shoreward of 20 fm 
(37 m) July through December. The season was restructured to maximize 
recreational harvest opportunity while ensuring that nearshore 
groundfish, California scorpionfish, and lingcod shoreward of 20 fm (37 
m) are not overharvested. California proposed to maintain its 10 
rockfish bag limit, but set that within a 10 fish nearshore groundfish 
bag limit, similar to Oregon's marine fish bag limit. Within the 
nearshore groundfish limit, no more than 2 fish may be rock or kelp 
greenling and no more than three fish may be cabezon. Within the 10-
rockfish bag limit, no more than two may be shallow nearshore rockfish. 
Unlike in previous years, bocaccio, canary rockfish and yelloweye 
rockfish retention will be prohibited. As with the commercial 
fisheries, cowcod retention will continue to be prohibited and 
recreational fishing within the CCAs offshore of 20 fm (37 m) will be 
prohibited.


Council Revisions to Its Management Measures Recommendations


    At its October 28 through November 1, 2002 meeting in Foster City, 
CA, the Council made recommendations to modestly alter some of the 
management measures recommendations it had made at its September 2002 
meeting. These recommendations were made at the November meeting, when 
the public had not expected to have opportunity to comment on 2003 
management measures. In addition, these are minor changes that need not 
be in place on January 1. 2003. Thus, NMFS is proposing the Council's 
November recommendations as part of this proposed rule, but will not 
implement them for January-February 2003 via the emergency rule 
implementing management measures for those two months. The Council made 
the following recommended revisions to its September 2002 management 
measures recommendations, all of which are minor and are not expected 
to alter the overall effect of this management package on the 
environment:
    1. For vessels participating in the open access exempted trawl 
fishery for California halibut south of 38[deg]57'30'' N. lat., 
continue overall groundfish 300 lb (136 kg) per trip limit, provided 
that weight of groundfish landed does not exceed weight of non-
groundfish species landed. However, allow up to 100 lb (45 kg) of 
groundfish to be landed without the vessel having to meet that ratio 
requirement, provided that at least one California halibut is landed.
    2. For vessels participating in the open access exempted trawl 
fishery for California halibut south of 38[deg]57'30'' N. lat. the 
monthly flatfish cumulative limit of 3,000 lb (1,361 kg), no more than 
300 lb (136 kg) of which may be species other than Pacific sanddabs, is 
proposed to be revised so that the overall monthly cumulative limit is 
retained, but no more than 300 lb (136 kg) of that cumulative amount 
may be species other than Pacific sanddabs, sand sole, starry flounder, 
rock sole, curlfin sole, or California scorpionfish. Vessels fishing 
for sea cucumber with open access exempted trawl gear that also take 
California halibut would still have access to the 300 lb (136 kg) per 
trip limit, but only if their landings of groundfish species did not 
exceed their landings of non-groundfish species.
    3. Continue to allow hook-and-line fishing for Pacific sanddabs 
within the RCAs south of 40[deg]10' N. lat. However, instead of 
allowing this fishing with up to 5 hooks per fishing line and no more 
than 5 lb (2.27 kg) line weight, allow this fishing with up to 12 hooks 
per fishing line and no more than 1 lb (.45 kg) line weight for 
commercial fisheries and no more than 2 lb (.91 kg) line weight for 
recreational fisheries.
    4. Revise the coordinates of the YRCA so that they define a ``C-
shaped'' area off the north Washington coast instead of an ``L-shaped'' 
area to better protect areas where yelloweye rockfish are found, and to 
be consistent with the measures proposed for the recreational fisheries 
for halibut.


Fishing Communities and Impacts


    The Magnuson-Stevens Act requires that actions taken to implement 
FMPs be consistent with the 10 National Standards, one of which 
requires that conservation and management measures shall, consistent 
with the conservation requirements of the Act, ``take into account the 
importance of fishery resources to fishing communities in order to (A) 
provide for the sustained participation of such communities and (B), to 
the extent practicable, minimize adverse economic impacts on such 
communities.'' Commercial and recreational fisheries for Pacific coast 
groundfish contribute to the economies and shape the cultures of 
numerous fishing communities in Washington, Oregon, and California. 
Meeting the needs of fishing communities has


[[Page 961]]


become increasingly difficult because the Council manages an 
overcapitalized fleet that harvests a multi-species complex with 
several overfished species. In recommending this year's specifications 
and management measures, the Council accommodated some of the needs of 
those communities within the constraints of Magnuson-Stevens Act 
requirements to rebuild overfished stocks, prevent overfishing, and 
minimize bycatch. In general, the Council allows the largest harvest 
possible, consistent with conservation needs of the fish stocks.
    West Coast groundfish intermix by species, which means that 
interception and incidental mortality of overfished species is 
inevitable even if retention of a particular species is prohibited. As 
discussed earlier, the Council's primary goal for 2003 was to minimize 
opportunities for incidental take of overfished species while allowing 
as much fishing opportunity of more abundant stocks as possible. To 
achieve this, the fishing seasons and area closures are structured both 
to maximize target species catch while minimizing overfished species 
incidental take and to allow minimal retention of overfished species 
where incidental take will inevitably occur. Larger area closures are 
intended to ensure that few vessels have opportunities to fish in 
waters where overfished species commonly occur.
    For 2003, the Council continued the year-round fishery opportunity 
that is important to the fishing and processing sectors for maintaining 
continuous employment opportunities and maintaining consistent 
groundfish marketing opportunities. Depth closures and gear 
restrictions would modify the cumulative trip limit system to allow 
fishing for at least some groundfish species at all times during the 
year. Gear restrictions prohibit bottom trawling with roller gear in 
the nearshore area and on the continental shelf and allow only the use 
of midwater trawl on the continental shelf where most overfished 
species occur. Small footrope bottom trawling is permitted in the 
nearshore area. The concepts behind these trawl gear restrictions were 
first developed for the 2000 fishery by a group of industry 
participants who met with the GMT to develop measures that would 
achieve conservation goals while minimizing effects of the restrictions 
on the industry and coastal communities.
    Allowable commercial catches of many groundfish remain low in 2003, 
but the Council has tried to structure the area closures to provide 
commercial fisheries with greater flexibility in their fishing patterns 
while not increasing the overall catches. For example, the offshore 
boundary of the trawl RCA is modified in January-February and in 
November-December to allow directed fishing for petrale sole in areas 
where and times when petrale sole are known to aggregate and to co-
occur with fewer overfished stocks. New depth based closures are 
intended to allow fisheries access to more abundant stocks in the 
offshore and inshore open areas, thereby limiting the extent to which 
fishers and related firms would be driven out of business. Many 
commercial groundfish fishers have other fishing opportunities during 
the year, and these opportunities were taken into account. For example, 
the small-scale commercial fishers (and recreational fishers) in 
southern California would (under State regulations) still be able to 
fish for certain species in nearshore waters while the continental 
shelf is closed to protect overfished species.
    Nonetheless, the effects of these 2003 management measures on some 
fishers and communities will be severe, particularly for those without 
other opportunities. For the 2003 fishery, the Council proposed 
stringent harvest levels intended to protect and rebuild overfished and 
depleted stocks. In addition to constraining OYs for overfished stocks, 
the Council also severely restricted harvest on more abundant stocks 
associated with overfished stocks. These measures were needed to ensure 
that rebuilding of overfished and depleted stocks could occur. However, 
they will cause serious socio-economic repercussions as a result of 
these lower harvest levels and the consequent lower landings limits.
    Distribution of the economic effect of the 2003 management measures 
will depend on how well fishers can adapt to the restrictions. Some 
user groups, particularly those able to use midwater trawl gear, will 
have a greater opportunity to harvest than they would have had without 
gear restrictions, because proposed restrictions allow fishers to use 
gear with lower incidental catch of the depleted rockfish. Other 
fishers will not be able to maintain a viable operation at the reduced 
harvest levels. The Council prepared an EIS for this action, which 
includes a discussion of the economic and social effects of these 
management measures on coastal communities (see ADDRESSES).


Trip Limit Tables and Management Measures


    Cumulative trip limits are set into tables, with explanations in 
section IV. For 2003, NMFS has separated tables for each fishing sector 
into northern and southern area tables. The industry is cautioned not 
to rely on the tables alone. The text in Section IV. provides 
cumulative trip limit definitions and periods, size limit definitions 
and conversions, and other information that cannot be readily included 
in a table but must be understood in order to correctly use the tables. 
For the first time in 2003, gear regulations and reference coordinates 
are being proposed as a regulatory amendment to the regulations at 50 
CFR part 660. Historically, NMFS has published these regulatory 
measures as annual specifications. The sablefish allocations and 
nontrawl sablefish management, Pacific whiting allocations and seasons, 
and ``per trip'' limits for black rockfish off Washington State are 
still presented in text in paragraphs IV.B. Trip limits for exempted 
trawl gear in the open access fishery (Table 5 and paragraph IV.C.), 
recreational management measures (paragraph IV.D.), and tribal 
allocations and management measures (paragraph V.) still remain in the 
text.
    Cumulative trip limits are applied during the time periods and in 
the areas indicated in Tables 3-5 of Section IV. The cumulative trip 
limit may be taken at any time within the applicable cumulative trip 
limit period. All cumulative trip limit periods start at 0001 hours, 
local time, on the specified beginning date.


IV. NMFS Actions


    For the reasons stated above, the Assistant Administrator for 
Fisheries, NOAA (Assistant Administrator), concurs with the Council's 
recommendations and announces the following management actions for 
2003, including measures that are unchanged from 2002 and new measures.


A. General Definitions and Provisions


    The following definitions and provisions apply to the 2002 
management measures, unless otherwise specified in a subsequent Federal 
Register document:
    (1) Trip limits. Trip limits are used in the commercial fishery to 
specify the amount of fish that may legally be taken and retained, 
possessed, or landed, per vessel, per fishing trip, or cumulatively per 
unit of time, or the number of landings that may be made from a vessel 
in a given period of time, as follows:
    (a) A per trip limit is the total allowable amount of a groundfish 
species or species group, by weight, or by percentage of weight of 
legal fish on board, that may be taken and retained, possessed, or 
landed per vessel from a single fishing trip.
    (b) A daily trip limit is the maximum amount that may be taken and 
retained,


[[Page 962]]


possessed, or landed per vessel in 24 consecutive hours, starting at 
0001 hours l.t. Only one landing of groundfish may be made in that 24-
hour period. Daily trip limits may not be accumulated during multiple 
day trips.
    (c) A weekly trip limit is the maximum amount that may be taken and 
retained, possessed, or landed per vessel in 7 consecutive days, 
starting at 0001 hours l.t. on Sunday and ending at 2400 hours l.t. on 
Saturday. Weekly trip limits may not be accumulated during multiple 
week trips. If a calendar week includes days within two different 
months, a vessel is not entitled to two separate weekly limits during 
that week.
    (d) A cumulative trip limit is the maximum amount that may be taken 
and retained, possessed, or landed per vessel in a specified period of 
time without a limit on the number of landings or trips, unless 
otherwise specified. The cumulative trip limit periods for limited 
entry and open access fisheries, which start at 0001 hours l.t. and end 
at 2400 hours l.t., are as follows, unless otherwise specified:
    (i) The 2-month periods are: January 1-February 28, March 1-April 
30, May 1-June 30, July 1-August 31, September 1-October 31, and, 
November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    (2) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next legal period, so long as no fish (including, but not 
limited to, groundfish with no trip limits, shrimp, prawns, or other 
nongroundfish species or shellfish) are landed (offloaded) until the 
next legal period. As stated at 50 CFR 660.302 (in the definition of 
``landing''), once the offloading of any species begins, all fish 
aboard the vessel are counted as part of the landing. Fishing ahead is 
not allowed during or before a closed period (see paragraph IV.A.(7)). 
See paragraph IV.A.(9) for information on inseason changes to limits.
    (3) Weights. All weights are round weights or round-weight 
equivalents unless otherwise specified.
    (4) Percentages. Percentages are based on round weights, and, 
unless otherwise specified, apply only to legal fish on board.
    (5) Legal fish. ``Legal fish'' means fish legally taken and 
retained, possessed, or landed in accordance with the provisions of 50 
CFR part 660, the Magnuson-Stevens Act, any document issued under part 
660, and any other regulation promulgated or permit issued under the 
Magnuson-Stevens Act.
    (6) Size limits and length measurement. Unless otherwise specified, 
size limits in the commercial and recreational groundfish fisheries 
apply to the ``total length,'' which is the longest measurement of the 
fish without mutilation of the fish or the use of force to extend the 
length of the fish. No fish with a size limit may be retained if it is 
in such condition that its length has been extended or cannot be 
determined by these methods. For conversions not listed here, contact 
the State where the fish will be landed.
    (a) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.
    (b) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsal surface of the body closest to 
the head) to the tip of the upper lobe of the tail; the dorsal fin and 
tail must be left intact.
    (c) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see paragraph IV. D.(1)). A filet is measured 
along the length of the longest part of the filet in a relaxed 
position; stretching or otherwise manipulating the filet to increase 
its length is not permitted.
    (d) Sablefish weight limit conversions. The following conversions 
apply to both the limited entry and open access fisheries when trip 
limits are effective for those fisheries. For headed and gutted 
(eviscerated) sablefish:
    (i) The minimum size for headed sablefish, which corresponds to 20 
inches (51 cm) total length for whole fish, is 14 inches (36 cm).
    (ii) The conversion factor established by the State where the fish 
is or will be landed will be used to convert the processed weight to 
round weight for purposes of applying the trip limit. (The conversion 
factor currently is 1.6 in Washington, Oregon, and California. However, 
the State conversion factors may differ; fishers should contact fishery 
enforcement officials in the State where the fish will be landed to 
determine that State's official conversion factor.)
    (e) Lingcod size and weight conversions. The following conversions 
apply in both limited entry and open access fisheries.
    (i) Size conversion. For lingcod with the head removed, the minimum 
size limit is 19.5 inches (49.5 cm), which corresponds to 24 inches (61 
cm) total length for whole fish.
    (ii) Weight conversion. The conversion factor established by the 
State where the fish is or will be landed will be used to convert the 
processed weight to round weight for purposes of applying the trip 
limit. (The States' conversion factors may differ, and fishers should 
contact fishery enforcement officials in the state where the fish will 
be landed to determine that State's official conversion factor.) If a 
state does not have a conversion factor for headed and gutted lingcod, 
or lingcod that is only gutted; the following conversion factors will 
be used. To determine the round weight, multiply the processed weight 
times the conversion factor.
    (A) Headed and gutted. The conversion factor for headed and gutted 
lingcod is 1.5.
    (B) Gutted, with the head on. The conversion factor for lingcod 
that has only been gutted is 1.1.
    (7) Closure. ``Closure,'' when referring to closure of a fishery, 
means that taking and retaining, possessing, or landing the particular 
species or species group is prohibited. (See 50 CFR 660.302.) Unless 
otherwise announced in the Federal Register, offloading must begin 
before the time the fishery closes. The provisions at paragraph 
IV.A.(2) for fishing ahead do not apply during a closed period. It is 
unlawful to transit through a closed area with the prohibited species 
on board, no matter where that species was caught, except as provided 
for in the CCA at IV. A.(19).
    (8) Fishery management area. The fishery management area for these 
species is the EEZ off the coasts of Washington, Oregon, and California 
between 3 and 200 nm offshore, bounded on the north by the Provisional 
International Boundary between the United States and Canada, and 
bounded on the south by the International Boundary between the United 
States and Mexico. All groundfish possessed between 0-200 nm offshore 
or landed in Washington, Oregon, or California are presumed to have 
been taken and retained from the EEZ, unless otherwise demonstrated by 
the person in possession of those fish.
    (9) Routine management measures. Most trip, bag, and size limits, 
and area closures in the groundfish fishery have been designated 
``routine,'' which means they may be changed rapidly after a single 
Council meeting see 50 CFR 660.323(b). Council meetings in 2002 will be 
held in the months of


[[Page 963]]


March, April, June, September, and November. Inseason changes to 
routine management measures are announced in the Federal Register. 
Information concerning changes to routine management measures is 
available from the NMFS Northwest and Southwest Regional Offices (see 
ADDRESSES). Changes to trip limits are effective at the times stated in 
the Federal Register. Once a change is effective, it is illegal to take 
and retain, possess, or land more fish than allowed under the new trip 
limit. This means that, unless otherwise announced in the Federal 
Register, offloading must begin before the time a fishery closes or a 
more restrictive trip limit takes effect.
    (10) Limited entry limits. It is unlawful for any person to take 
and retain, possess, or land groundfish in excess of the landing limit 
for the open access fishery without having a valid limited entry permit 
for the vessel affixed with a gear endorsement for the gear used to 
catch the fish (50 CFR 660.306(p)).
    (11) Operating in both limited entry and open access fisheries. The 
open access trip limit applies to any fishing conducted with open 
access gear, even if the vessel has a valid limited entry permit with 
an endorsement for another type of gear. A vessel that operates in both 
the open access and limited entry fisheries is not entitled to two 
separate trip limits for the same species. If a vessel has a limited 
entry permit and uses open access gear, but the open access limit is 
smaller than the limited entry limit, the open access limit cannot be 
exceeded and counts toward the limited entry limit. If a vessel has a 
limited entry permit and uses open access gear, but the open access 
limit is larger than the limited entry limit, the smaller limited entry 
limit applies, even if taken entirely with open access gear.
    (12) Operating in areas with different trip limits. Trip limits for 
a species or a species group may differ in different geographic areas 
along the coast. The following ``crossover'' provisions apply to 
vessels operating in different geographical areas that have different 
cumulative or ``per trip'' trip limits for the same species or species 
group. Such crossover provisions do not apply to species that are 
subject only to daily trip limits, or to the trip limits for black 
rockfish off Washington (see 50 CFR 660.323(a)(1)). In 2002, the 
cumulative trip limit periods for the limited entry and open access 
fisheries are specified in paragraph IV.A(1)(d), but may be changed 
during the year if announced in the Federal Register.
    (a) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies 
before fishing in an area where a more liberal trip limit (or no trip 
limit) applies, then that vessel is subject to the more restrictive 
trip limit for the entire period to which that trip limit applies, no 
matter where the fish are taken and retained, possessed, or landed.
    (b) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an 
area where a more restrictive trip limit applies, that vessel is 
subject to the more restrictive trip limit for the entire period to 
which that trip limit applies, no matter where the fish are taken and 
retained, possessed, or landed.
    (c) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the 
fishing year, NMFS may implement management measures for a species or 
species group that set different types of trip limits (for example, per 
trip limits versus cumulative trip limits) for different areas. If a 
vessel fishes for a species or species group that is managed with 
different types of trip limits in two different areas within the same 
cumulative limit period, then that vessel is subject to the most 
restrictive overall cumulative limit for that species, regardless of 
where fishing occurs.
    (d) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10 N. lat. management 
line, and are included as part of a minor rockfish complex on the other 
side of the line.
    (i) If a vessel takes and retains minor slope rockfish north of 
38[deg]
N. lat., that vessel is also permitted to take and retain, 
possess or land splitnose rockfish up to its cumulative limit south of 
38[deg]
N. lat., even if splitnose rockfish were a part of the landings 
from minor slope rockfish taken and retained north of 38[deg]
N. lat. 
[Note: A vessel that takes and retains minor slope rockfish on both 
sides of the management line in a single cumulative limit period is 
subject to the more restrictive cumulative limit for minor slope 
rockfish during that period.]
    (ii) If a vessel takes and retains minor slope rockfish south of 
38[deg]
N. lat., that vessel is also permitted to take and retain, 
possess or land POP up to its cumulative limit north of 38[deg]
N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 38[deg]
N. lat. [Note: A vessel that takes 
and retains minor slope rockfish on both sides of the management line 
in a single cumulative limit period is subject to the more restrictive 
cumulative limit for minor slope rockfish during that period.]
    (iii) If a vessel takes and retains minor shelf rockfish south of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess, or land yellowtail rockfish up to its cumulative limits north 
of 40[deg]10' N. lat., even if yellowtail rockfish is part of the 
landings from minor shelf rockfish taken and retained south of 
40[deg]10' N. lat. Widow rockfish is included in overall shelf rockfish 
limits for all gear groups. [Note: A vessel that takes and retains 
minor shelf rockfish on both sides of the management line in a single 
cumulative limit period is subject to the more restrictive cumulative 
limit for minor shelf rockfish during that period.]
    (e) ``DTS complex.'' For 2003, there are differential trip limits 
for the ``DTS complex'' (Dover sole, shortspine thornyhead, longspine 
thornyhead, sablefish) north and south of the management line at 
40[deg]10' N. lat. Vessels operating in the limited entry trawl fishery 
are subject to the crossover provisions in this paragraph IV.A.(12) 
when making landings that include any one of the four species in the 
``DTS complex.''
    (f) Flatfish complex. For 2003, there are differential trip limits 
for the flatfish complex (butter, curlfin, English, flathead, petrale, 
rex, rock, and sand soles, Pacific sanddab, and starry flounder) north 
and south of the management line at 40[deg]10' N. lat. Vessels 
operating in the limited entry trawl fishery are subject to the 
crossover provisions in this paragraph IV.A.(12) when making landings 
that include any one of the species in the flatfish complex.
    (13) Sorting. It is unlawful for any person to ``fail to sort, 
prior to the first weighing after offloading, those groundfish species 
or species groups for which there is a trip limit, size limit, quota, 
or commercial OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, commercial optimum yield, or 
quota applied.'' This provision applies to both the limited entry and 
open access fisheries. (See 50 CFR 660.306(h).) The following species 
must be sorted in 2003:
    (a) For vessels with a limited entry permit:
    (i) Coastwide - widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, minor nearshore 
rockfish, minor shelf rockfish, minor slope rockfish,


[[Page 964]]


shortspine and longspine thornyhead, Dover sole, arrowtooth flounder, 
rex sole, petrale sole, arrowtooth flounder, other flatfish, lingcod, 
sablefish, and Pacific whiting [Note: Although both yelloweye and 
darkblotched rockfish are considered minor rockfish managed under the 
minor shelf and minor slope rockfish complexes, respectively, they have 
separate OYs and therefore must be sorted by species.]
    (ii) North of 40[deg]10' N. lat. - POP, yellowtail rockfish, and, 
for fixed gear, black rockfish and blue rockfish;
    (iii) South of 40[deg]10' N. lat.- minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, chilipepper rockfish, 
bocaccio rockfish, splitnose rockfish, and Pacific sanddabs.
    (b) For open access vessels (vessels without a limited entry
    permit):
    (i) Coastwide - widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, minor nearshore rockfish, minor shelf 
rockfish, minor slope rockfish, Dover sole, arrowtooth flounder, 
petrale sole, rex sole, other flatfish, lingcod, sablefish, Pacific 
whiting, and Pacific sanddabs;
    (ii) North of 40[deg]10' N. lat. - black rockfish, blue rockfish, 
Pacific ocean perch, yellowtail rockfish;
    (iii) South of 40[deg]10' N. lat.- minor shall nearshore rockfish, 
minor deeper nearshore rockfish, chilipepper rockfish, bocaccio 
rockfish, splitnose rockfish;
    (iv) South of Point Conception--thornyheads.
    (14) Limited Entry Trawl Gear Restrictions. Limited entry trip 
limits may vary depending on the type of trawl gear that is on board a 
vessel during a fishing trip: large footrope, small footrope, or 
midwater trawl gear. No more than one type of trawl gear may be on 
board during any single fishing trip.
    (a) Types of trawl gear--Large footrope, small footrope, and 
midwater or pelagic trawl gears are defined at 50 CFR 660.302 and 
660.322(b).
    (b) Cumulative trip limits and prohibitions by trawl gear type--(i) 
Large footrope trawl. If Table 3 does not provide a large footrope 
trawl cumulative or trip limit for a particular species or species 
group, it is unlawful to take and retain, possess or land that species 
or species group if large footrope gear is on board. It is unlawful for 
any vessel using large footrope gear to exceed large footrope gear 
limits for any species or to use large footrope gear to exceed small 
footrope gear or midwater trawl gear limits for any species. It is 
unlawful for any vessel using large footrope gear or that has large 
footrope trawl gear on board to fish for groundfish shoreward of the 
RCAs defined at paragraph (19) of this section. The presence of rollers 
or bobbins larger than 8 inches (20 cm) in diameter on board the 
vessel, even if not attached to a trawl, will be considered to mean a 
large footrope trawl is on board.
    (ii) Small footrope or midwater trawl gear. Cumulative trip limits 
for canary rockfish, chilipepper rockfish, widow rockfish, yellowtail 
rockfish, bocaccio, minor shelf rockfish, minor nearshore rockfish, and 
lingcod, as indicated in Table 3 to section IV, are allowed only if 
small footrope gear or midwater trawl gear is used, and if that gear 
meets the specifications in paragraphs IV.A.(14).
    (iii) Midwater trawl gear. Higher yellowtail and widow rockfish 
cumulative trip limits are available for limited entry vessels using 
midwater trawl gear. Each landing that contains yellowtail or widow 
rockfish is attributed to the gear on board with the most restrictive 
trip limit for those species. Landings attributed to small footrope 
trawl must not exceed the small footrope limit, and landings attributed 
to midwater trawl must not exceed the midwater trawl limit. If a vessel 
has landings attributed to both types of trawls during a cumulative 
trip limit period, all landings are counted toward the most restrictive 
gear-specific cumulative limit.
    (iv) More than one type of trawl gear on board; trawl gear and non-
trawl gear on board. The cumulative trip limits in Table 3 of Section 
IV must not be exceeded. For the first time in 2003, it is prohibited 
to have more than one type of trawl gear on board. It is prohibited to 
have more than one type of limited entry trawl gear on board and it is 
prohibited to have both limited entry trawl gear and exempted trawl 
gear on board. It is also prohibited to have both trawl gear and non-
trawl (limited entry or open access) gear on board at the same time.
    (c) State landing receipts. Washington, Oregon, and California will 
require the type of trawl gear on board to be recorded on the State 
landing receipt(s) for each trip or on an attachment to the State 
landing receipt.
    (d) Gear inspection. All trawl gear and trawl gear components, 
including unattached rollers or bobbins, must be readily accessible and 
made available for inspection at the request of an authorized officer. 
No trawl gear may be removed from the vessel prior to offloading. All 
footropes shall be uncovered and clearly visible except when in use for 
fishing.
    (15) Platooning--limited entry trawl vessels. Limited entry trawl 
vessels are automatically in the ``A'' platoon, unless the ``B'' 
platoon is indicated on the limited entry permit. If a vessel is in the 
``A'' platoon, its cumulative trip limit periods begin and end on the 
beginning and end of a calendar month as in the past. No more than one 
trawl permit may be registered to a vessel unless a permit is endorsed 
for both trawl and either longline or pot gear and is being stacked 
under Sec.  660.335(c) for use in the limited entry fixed gear primary 
sablefish fishery. If a vessel is registered for use with more than one 
permit with a trawl endorsement through the fixed gear permit stacking 
program, then the vessel owner must designate one trawl-endorsed permit 
as his base trawl permit and may only fish in the platoon associated 
with that base trawl permit. If a limited entry trawl permit is 
authorized for the ``B'' platoon, then cumulative trip limit periods 
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 at 0001 hours, l.t., and end at 
2400 hours, l.t., on the 15th of the month. Therefore, the management 
measures announced herein that are effective on January 1, 2003, for 
the ``A'' platoon will be effective on January 16, 2003, for the ``B'' 
platoon. The effective date of any inseason changes to the cumulative 
trip limits also will be delayed for 2 weeks for the ``B'' platoon, 
unless otherwise specified.
    (b) A vessel authorized to operate in the ``B'' platoon may take 
and retain, but may not land, groundfish from January 1, 2003, through 
January 15, 2003.
    (c) A vessel authorized to operate in the ``B'' platoon will have 
the same cumulative trip limits for the November 16, 2003, through 
December 31, 2003, period as a vessel operating in the ``A'' platoon 
has for the November 1, 2002, through December 31, 2002 period.
    (16) Permit transfers. Limited entry permit transfers are to take 
effect no earlier than the first day of a major cumulative limit period 
following the day NMFS receives the transfer form and original permit 
(50 CFR 660.335(e)(3)). Those days in 2003 are January 1, March 1, May 
1, July 1, September 1, and November 1, and are delayed by 15 days 
(starting on the 16th of a month) for the ``B'' platoon.
    (17) Exempted fisheries. U.S. vessels operating under an exempted 
fishing permit (EFP) issued under 50 CFR part 600 are also subject to 
these restrictions, unless otherwise provided in the permit. EFPs may 
include the collecting of scientific samples of groundfish species that 
would otherwise be prohibited for retention.


[[Page 965]]


    (18) Application of requirements. Paragraphs IV.B. and IV.C. 
pertain to the commercial groundfish fishery, but not to Washington 
coastal tribal fisheries, which are described in Section V. The 
provisions in paragraphs IV.B. and IV.C. that are not covered under the 
headings ``limited entry'' or ``open access'' apply to all vessels in 
the commercial fishery that take and retain groundfish, unless 
otherwise stated. Paragraph IV.D. pertains to the recreational fishery.
    (19) Rockfish Conservation Areas. For 2003, the Council has 
introduced several RCAs and a YRCA and has retained the CCAs used in 
2001 and 2002. Collectively, any geographically defined area where 
specific fishing activities are prohibited (closed) or otherwise 
restricted intended to protect a particular groundfish species or 
species group or intended to protect a complex of species is referred 
to as a Groundfish Conservation Area. The YRCA, the CCAs, and the 
larger depth-based RCAs are Groundfish Conservation Areas. Larger RCAs 
intended to protect a complex of species, such as overfished shelf 
rockfish species, have boundaries defined by a series of coordinates 
intended to approximate particular depth contours, such as 100 fm (183 
m), 150 fm (274 m), 250 fm (457,) etc. Different gear types or fishing 
sectors may have RCAs with differing boundaries.
    (a) Yelloweye Rockfish Conservation Area. The coordinates of the 
YRCA are defined at Sec.  660.304(d). Recreational fishing for 
groundfish is prohibited within the YRCA. It is unlawful for 
recreational fishing vessels to take, retain, possess, or land 
groundfish inside the YRCA.
    (b) Cowcod Conservation Areas. The coordinates of the Cowcod 
Conservation Areas (CCAs) are defined at Sec.  660.304(c). Recreational 
and commercial fishing for groundfish is prohibited within the CCAs, 
except that recreational and commercial fishing for rockfish and 
lingcod is permitted in waters inside 20-fathoms (36.9-m). It is 
unlawful to take and retain, possess, or land groundfish inside the 
CCAs, except for rockfish and lingcod taken in waters inside the 20-
fathom (36.9-m) depth contour, when those waters are open to fishing. 
Commercial fishing vessels may transit through the Western CCA with 
their gear stowed and groundfish on board only in a corridor through 
the Western CCA bounded on the north by the latitude line at 
33[deg]00'30'' N. lat., and bounded on the south by the latitude line 
at 32[deg]59'30'' N. lat.
    (c) Limited entry trawl groundfish coastwide and open access 
exempted trawl south of 40[deg]10' N. lat. Conservation Area.
    (i) The trawl RCA is closed to limited entry groundfish trawl 
fishing coastwide and to open access exempted trawl fishing (except for 
pink shrimp trawling) south of 40[deg]10' N. lat. Fishing with limited 
entry groundfish trawl gear is prohibited within the trawl RCA north of 
40[deg]10' N. lat. and fishing with any trawl gear is prohibited within 
the trawl RCA south of 40[deg]10' N. lat., unless that vessel is 
trawling for pink shrimp. Coastwide, it is unlawful to take and retain, 
possess, or land groundfish taken with limited entry groundfish trawl 
gear in the trawl RCA. South of 40[deg]10' N. lat., it is unlawful to 
take and retain, possess, or land any species of fish taken with any 
type of trawl gear in the trawl RCA. Trawl vessels may transit through 
the trawl RCA, with or without groundfish on board, provided all 
groundfish trawl gear is stowed either: (1) below deck; or (2) if the 
gear cannot readily be moved, in a secured and covered manner, detached 
from all towing lines, so that it is rendered unusable for fishing; or 
(3) remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors. These 
restrictions do not apply to vessels fishing with midwater trawl gear 
for Pacific whiting or taking and retaining yellowtail rockfish or 
widow rockfish in association with Pacific whiting caught with midwater 
trawl gear or to taking and retaining yellowtail or widow rockfish with 
midwater trawl gear when trip limits are authorized for those species 
(November-December 2003.) If a vessel fishes in an RCA, it may not 
participate in any fishing on that trip that is inconsistent with the 
restrictions that apply within the RCA. For example, if a vessel 
participates in the pink shrimp fishery within the RCA, the vessel 
cannot on the same trip participate in the DTS fishery outside of the 
RCA. Nothing in these Federal regulations supercede any State 
regulations that may prohibit trawling shoreward of the 3 nm State 
waters boundary line.
    (ii) Between the U.S. border with Canada and 40[deg]10' N. lat., 
the trawl RCA is defined along an eastern, inshore boundary 
approximating 100 fm (183 m) in January through June and October 
through December, and approximating 75 fm (137 m) in July and August. 
Between 40[deg]10' N. lat. and 34[deg]27' N. lat., the trawl RCA is 
defined along an eastern, inshore boundary approximating 50 fm (91 m) 
in January and February and 60 fm (110 m) in March through December. 
Between 34[deg]27' N. lat. and the U.S. border with Mexico, along the 
mainland coast of California, the trawl RCA is defined along an 
eastern, inshore boundary approximating 100 fm (183 m) throughout the 
year. Between 34[deg]27' N. lat. and the U.S. border with Mexico, 
adjacent to the islands offshore of California, the trawl RCA is 
defined along an inshore boundary approximating 20 fm (37 m) throughout 
the year. Boundary coordinates are provided below at paragraph (e) of 
this section.
    (iii) Between the U.S. border with Canada and 38[deg]
N. lat., the 
trawl RCA is defined along a western, offshore boundary approximating 
250 fm (457 m) in March through October, and approximating 250 fm (457 
m) with some modifications to provide open areas to allow winter 
petrale sole fishing in January, February, November, and December. 
Between 38[deg]
N. lat. and the U.S. border with Mexico, the trawl RCA 
is defined along a western, offshore boundary approximating 150 fm (274 
m) throughout the year. Boundary coordinates are provided below at 
paragraph (e) of this section.
    (d) Non-Trawl (Limited Entry Fixed Gear and Open Access Nontrawl 
Gears) Groundfish Conservation Area.
    (i) The non-trawl RCA is closed to non-trawl gear (limited entry or 
open access longline and pot or trap, open access hook-and-line, pot or 
trap, gillnet, set net, trammel net and spear) fishing for groundfish. 
Fishing with non-trawl gear is prohibited within the non-trawl gear 
RCA. It is unlawful to take and retain, possess, or land groundfish 
taken with non-trawl gear in the non-trawl gear RCA. Limited entry 
fixed gear and open access non-trawl gear vessels may transit through 
the non-trawl gear RCA, with or without groundfish on board. These 
restrictions do not apply to vessels fishing for species other than 
groundfish with non-trawl gear. If a vessel fishes in an RCA, it may 
not participate in any fishing on that trip that is inconsistent with 
the restrictions that apply within the RCA. For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.
    (ii) Between the U.S. border with Canada and 46[deg]16' N. lat., 
the non-trawl gear RCA extends to the shoreline. Between 46[deg]16' N. 
lat. and 40[deg]10' N. lat., the non-trawl gear RCA is defined along an 
eastern, inshore boundary approximating 27 fm (49 m) throughout the 
year. Between 40[deg]10' N. lat. and the U.S. border with Mexico, the 
non-trawl gear RCA is defined along an eastern, inshore boundary 
approximating 20 fm


[[Page 966]]


(37 m) throughout the year, except as provided for between Point Fermin 
(33[deg]41' N. lat.; 118[deg]18' W. long.) and the Newport South Jetty 
(33[deg]36' N .lat.; 117[deg]
51' W. long.) Between a line drawn due 
south from Point Fermin (33[deg]41' N. lat.; 118[deg]18' W. long.) and 
a line drawn due west from the Newport South Jetty (33[deg]36' N .lat.; 
117[deg]
51' W. long.,) vessels fishing with hook-and-line and/or trap 
(or pot) gear may operate from shore to a boundary line approximating 
50 fm (91 m) in the months of July and August. Boundary coordinates are 
provided below at paragraph (e) of this section.
    (iii) Between the U.S. border with Canada and 40[deg]10' N. lat., 
the non-trawl gear RCA is defined along a western, offshore boundary 
approximating 100 fm (183 m) throughout the year. Between 40[deg]10' N. 
lat. and the U.S. border with Mexico, the trawl RCA is defined along a 
western, offshore boundary approximating 150 fm (274 m) throughout the 
year. Boundary coordinates are provided below at paragraph (e) of this 
section.
    (e) RCA Boundary Coordinates. Coordinates for the specific 
boundaries that approximate the depth contours selected for both trawl 
and non-trawl gear RCAs are provided here.
    (i) The 27-fm (49-m) depth contour used between 46[deg]16' N. lat. 
and 40[deg]10' N. lat. as an eastern boundary for the non-trawl RCA is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 46[deg]16.00' N. lat., 124[deg]12.39' W. long.;
    (2) 46[deg]14.85' N. lat., 124[deg]12.39' W. long.;
    (3) 46[deg]3.95' N. lat., 124[deg]3.64' W. long.;
    (4) 45[deg]43.14' N. lat., 124[deg]0.17' W. long.;
    (5) 45[deg]23.33' N. lat., 124[deg]1.99' W. long.;
    (6) 45[deg]9.54' N. lat., 124[deg]1.65' W. long.;
    (7) 44[deg]39.99' N. lat., 124[deg]8.67' W. long.;
    (8) 44[deg]20.86' N. lat., 124[deg]10.31' W. long.;
    (9) 43[deg]37.11' N. lat., 124[deg]14.91' W. long.;
    (10) 43[deg]27.54' N. lat., 124[deg]18.98' W. long.;
    (11) 43[deg]20.68' N. lat., 124[deg]25.53' W. long.;
    (12) 43[deg]15.08' N. lat., 124[deg]27.17' W. long.;
    (13) 43[deg]6.89' N. lat., 124[deg]29.65' W. long.;
    (14) 43[deg]1.02' N. lat., 124[deg]29.70' W. long.;
    (15) 42[deg]52.67' N. lat., 124[deg]36.10' W. long.;
    (16) 42[deg]45.96' N. lat., 124[deg]37.95' W. long.;
    (17) 42[deg]45.80' N. lat., 124[deg]35.41' W. long.;
    (18) 42[deg]38.46' N. lat., 124[deg]27.49' W. long.;
    (19) 42[deg]35.29' N. lat., 124[deg]26.85' W. long.;
    (20) 42[deg]31.49' N. lat., 124[deg]31.40' W. long.;
    (21) 42[deg]29.06' N. lat., 124[deg]32.24' W. long.;
    (22) 42[deg]14.26' N. lat., 124[deg]26.27' W. long.;
    (23) 42[deg]4.86' N. lat., 124[deg]21.94' W. long.;
    (24) 42[deg]0.10' N. lat., 124[deg]20.99' W. long.;
    (25) 42[deg]0.00' N. lat., 124[deg]21.03' W. long.;
    (26) 41[deg]56.33' N. lat., 124[deg]20.34' W. long.;
    (27) 41[deg]50.93' N. lat., 124[deg]23.74' W. long.;
    (28) 41[deg]41.83' N. lat., 124[deg]16.99' W. long.;
    (29) 41[deg]35.48' N. lat., 124[deg]16.35' W. long.;
    (30) 41[deg]23.51' N. lat., 124[deg]10.48' W. long.;
    (31) 41[deg]4.62' N. lat., 124[deg]14.44' W. long.;
    (32) 40[deg]54.28' N. lat., 124[deg]13.90' W. long.;
    (33) 40[deg]40.37' N. lat., 124[deg]26.21' W. long.;
    (34) 40[deg]34.03' N. lat., 124[deg]27.36' W. long.;
    (35) 40[deg]28.88' N. lat., 124[deg]32.41' W. long.;
    (36) 40[deg]24.82' N. lat., 124[deg]29.56' W. long.;
    (37) 40[deg]22.64' N. lat., 124[deg]24.05' W. long.;
    (38) 40[deg]18.67' N. lat., 124[deg]21.90' W. long.;
    (39) 40[deg]14.23' N. lat., 124[deg]23.72' W. long.; and
    (40) 40[deg]10.00' N. lat., 124[deg]17.22' W. long.;
    (ii) The 75-fm (137-m) depth contour used north of 40[deg]10' N. 
lat. as an eastern boundary for the trawl RCA in the months of July and 
August is defined by straight lines connecting all of the following 
points in the order stated:
    (1) 48[deg]14.58' N. lat., 125[deg]42.47' W. long.;
    (2) 48[deg]20.26' N. lat., 125[deg]23.03' W. long.;
    (3) 48[deg]23.00' N. lat., 124[deg]50.00' W. long.;
    (4) 48[deg]17.10' N. lat., 124[deg]54.82' W. long.;
    (5) 48[deg]05.10' N. lat., 124[deg]59.40' W. long.;
    (6) 48[deg]04.98' N. lat., 125[deg]10.02' W. long.;
    (7) 47[deg]54.00' N. lat., 125[deg]04.98' W. long.;
    (8) 47[deg]44.52' N. lat., 125[deg]00.00' W. long.;
    (9) 47[deg]42.00' N. lat., 124[deg]58.98' W. long.;
    (10) 47[deg]35.52' N. lat., 124[deg]55.50' W. long.;
    (11) 47[deg]22.02' N. lat., 124[deg]44.40' W. long.;
    (12) 47[deg]16.98' N. lat., 124[deg]45.48' W. long.;
    (13) 47[deg]10.98' N. lat., 124[deg]48.48' W. long.;
    (14) 47[deg]04.98' N. lat., 124[deg]49.02' W. long.;
    (15) 46[deg]57.98' N. lat., 124[deg]46.50' W. long.;
    (16) 46[deg]54.00' N. lat., 124[deg]45.00' W. long.;
    (17) 46[deg]48.48' N. lat., 124[deg]44.52' W. long.;
    (18) 46[deg]40.02' N. lat., 124[deg]36.00' W. long.;
    (19) 46[deg]34.09' N. lat., 124[deg]27.03' W. long.;
    (20) 46[deg]24.64' N. lat., 124[deg]30.33' W. long.;
    (21) 46[deg]19.98' N. lat., 124[deg]36.00' W. long.;
    (22) 46[deg]18.14' N. lat., 124[deg]34.26' W. long.;
    (23) 46[deg]18.72' N. lat., 124[deg]22.68' W. long.;
    (24) 46[deg]14.64' N. lat., 124[deg]22.54' W. long.;
    (25) 46[deg]11.08' N. lat., 124[deg]30.74' W. long.;
    (26) 46[deg]4.28' N. lat., 124[deg]31.49' W. long.;
    (27) 45[deg]55.97' N. lat., 124[deg]19.95' W. long.;
    (28) 45[deg]44.97' N. lat., 124[deg]15.96' W. long.;
    (29) 45[deg]43.14' N. lat., 124[deg]21.86' W. long.;
    (30) 45[deg]34.44' N. lat., 124[deg]14.44' W. long.;
    (31) 45[deg]15.49' N. lat., 124[deg]11.49' W. long.;
    (32) 44[deg]57.31' N. lat., 124[deg]15.03' W. long.;
    (33) 44[deg]43.90' N. lat., 124[deg]28.88' W. long.;
    (34) 44[deg]28.64' N. lat., 124[deg]35.67' W. long.;
    (35) 44[deg]25.31' N. lat., 124[deg]43.08' W. long.;
    (36) 44[deg]17.15' N. lat., 124[deg]47.98' W. long.;
    (37) 44[deg]13.67' N. lat., 124[deg]54.41' W. long.;
    (38) 43[deg]56.85' N. lat., 124[deg]55.32' W. long.;
    (39) 43[deg]57.50' N. lat., 124[deg]41.23' W. long.;
    (40) 44[deg]1.79' N. lat., 124[deg]38.00' W. long.;
    (41) 44[deg]2.16' N. lat., 124[deg]32.62' W. long.;
    (42) 43[deg]58.15' N. lat., 124[deg]30.39' W. long.;
    (43) 43[deg]53.25' N. lat., 124[deg]31.39' W. long.;


[[Page 967]]


    (44) 43[deg]35.56' N. lat., 124[deg]28.17' W. long.;
    (45) 43[deg]21.84' N. lat., 124[deg]36.07' W. long.;
    (46) 43[deg]19.73' N. lat., 124[deg]34.86' W. long.;
    (47) 43[deg]9.38' N. lat., 124[deg]39.30' W. long.;
    (48) 43[deg]7.11' N. lat., 124[deg]37.66' W. long.;
    (49) 42[deg]56.27' N. lat., 124[deg]43.29' W. long.;
    (50) 42[deg]45.00' N. lat., 124[deg]41.50' W. long.;
    (51) 42[deg]39.72' N. lat., 124[deg]39.11' W. long.;
    (52) 42[deg]32.88' N. lat., 124[deg]40.13' W. long.;
    (53) 42[deg]32.30' N. lat., 124[deg]39.04' W. long.;
    (54) 42[deg]26.96' N. lat., 124[deg]44.31' W. long.;
    (55) 42[deg]24.11' N. lat., 124[deg]42.16' W. long.;
    (56) 42[deg]21.10' N. lat., 124[deg]35.46' W. long.;
    (57) 42[deg]14.72' N. lat., 124[deg]32.30' W. long.;
    (58) 42[deg]9.24' N. lat., 124[deg]32.04' W. long.;
    (59) 42[deg]1.89' N. lat., 124[deg]32.70' W. long.;
    (60) 42[deg]0.03' N. lat., 124[deg]32.02' W. long.;
    (61) 42[deg]0.00' N. lat., 124[deg]32.02' W. long.;
    (62) 41[deg]46.18' N. lat., 124[deg]26.60' W. long.;
    (63) 41[deg]29.22' N. lat., 124[deg]28.04' W. long.;
    (64) 41[deg]9.62' N. lat., 124[deg]19.75' W. long.;
    (65) 40[deg]50.71' N. lat., 124[deg]23.80' W. long.;
    (66) 40[deg]43.35' N. lat., 124[deg]29.30' W. long.;
    (67) 40[deg]40.24' N. lat., 124[deg]29.86' W. long.;
    (68) 40[deg]37.50' N. lat., 124[deg]28.68' W. long.;
    (69) 40[deg]34.42' N. lat., 124[deg]29.65' W. long.;
    (70) 40[deg]34.74' N. lat., 124[deg]34.61' W. long.;
    (71) 40[deg]31.70' N. lat., 124[deg]37.13' W. long.;
    (72) 40[deg]25.03' N. lat., 124[deg]34.77' W. long.;
    (73) 40[deg]23.58' N. lat., 124[deg]31.49' W. long.;
    (74) 40[deg]23.64' N. lat., 124[deg]28.35' W. long.;
    (75) 40[deg]22.53' N. lat., 124[deg]24.76' W. long.;
    (76) 40[deg]21.46' N. lat., 124[deg]24.86' W. long.;
    (77) 40[deg]21.74' N. lat., 124[deg]27.63' W. long.;
    (78) 40[deg]19.76' N. lat., 124[deg]28.15' W. long.;
    (79) 40[deg]18.00' N. lat., 124[deg]25.38' W. long.;
    (80) 40[deg]18.54' N. lat., 124[deg]22.94' W. long.;
    (81) 40[deg]15.55' N. lat., 124[deg]25.75' W. long.;
    (82) 40[deg]16.06' N. lat., 124[deg]30.48' W. long.;
    (83) 40[deg]15.75' N. lat., 124[deg]31.69' W. long.; and
    (84) 40[deg]10.00' N. lat., 124[deg]21.28' W. long.
    (iii) The 100-fm (183-m) depth contour used north of 40[deg]10' N. 
lat. as an eastern boundary for the trawl RCA and as a western boundary 
for the non-trawl RCA is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 48[deg]15.00' N. lat., 125[deg]41.00' W. long.;
    (2) 48[deg]14.00' N. lat., 125[deg]36.00' W. long.;
    (3) 48[deg]09.50' N. lat., 125[deg]40.50' W. long.;
    (4) 48[deg]08.00' N. lat., 125[deg]38.00' W. long.;
    (5) 48[deg]05.00' N. lat., 125[deg]37.25' W. long.;
    (6) 48[deg]02.60' N. lat., 125[deg]34.70' W. long.;
    (7) 47[deg]59.00' N. lat., 125[deg]34.00' W. long.;
    (8) 47[deg]57.26' N. lat., 125[deg]29.82' W. long.;
    (9) 47[deg]59.87' N. lat., 125[deg]25.81' W. long.;
    (10) 48[deg]01.08' N. lat., 125[deg]24.53' W. long.;
    (11) 48[deg]02.08' N. lat., 125[deg]22.98' W. long.;
    (12) 48[deg]02.97' N. lat., 125[deg]22.89' W. long.;
    (13) 48[deg]04.47' N. lat., 125[deg]21.75' W. long.;
    (14) 48[deg]06.11' N. lat., 125[deg]19.33' W. long.;
    (15) 48[deg]07.95' N. lat., 125[deg]18.55' W. long.;
    (16) 48[deg]09.00' N. lat., 125[deg]18.00' W. long.;
    (17) 48[deg]11.31' N. lat., 125[deg]17.55' W. long.;
    (18) 48[deg]14.60' N. lat., 125[deg]13.46' W. long.;
    (19) 48[deg]16.67' N. lat., 125[deg]14.34' W. long.;
    (20) 48[deg]18.73' N. lat., 125[deg]14.41' W. long.;
    (21) 48[deg]19.98' N. lat., 125[deg]13.24' W. long.;
    (22) 48[deg]22.95' N. lat., 125[deg]10.79' W. long.;
    (23) 48[deg]21.61' N. lat., 125[deg]02.54' W. long.;
    (24) 48[deg]23.00' N. lat., 124[deg]49.34' W. long.;
    (25) 48[deg]17.00' N. lat., 124[deg]56.50' W. long.;
    (26) 48[deg]06.00' N. lat., 125[deg]00.00' W. long.;
    (27) 48[deg]04.62' N. lat., 125[deg]01.73' W. long.;
    (28) 48[deg]04.84' N. lat., 125[deg]04.03' W. long.;
    (29) 48[deg]06.41' N. lat., 125[deg]06.51' W. long.;
    (30) 48[deg]06.00' N. lat., 125[deg]08.00' W. long.;
    (31) 48[deg]07.28' N. lat., 125[deg]11.14' W. long.;
    (32) 48[deg]03.45' N. lat., 125[deg]16.66' W. long.;
    (33) 47[deg]59.50' N. lat., 125[deg]18.88' W. long.;
    (34) 47[deg]58.68' N. lat., 125[deg]16.19' W. long.;
    (35) 47[deg]56.62' N. lat., 125[deg]13.50' W. long.;
    (36) 47[deg]53.71' N. lat., 125[deg]11.96' W. long.;
    (37) 47[deg]51.70' N. lat., 125[deg]09.38' W. long.;
    (38) 47[deg]49.95' N. lat., 125[deg]06.07' W. long.;
    (39) 47[deg]49.00' N. lat., 125[deg]03.00' W. long.;
    (40) 47[deg]46.95' N. lat., 125[deg]04.00' W. long.;
    (41) 47[deg]46.58' N. lat., 125[deg]03.15' W. long.;
    (42) 47[deg]44.07' N. lat., 125[deg]04.28' W. long.;
    (43) 47[deg]43.32' N. lat., 125[deg]04.41' W. long.;
    (44) 47[deg]40.95' N. lat., 125[deg]04.14' W. long.;
    (45) 47[deg]39.58' N. lat., 125[deg]04.97' W. long.;
    (46) 47[deg]36.23' N. lat., 125[deg]02.77' W. long.;
    (47) 47[deg]34.28' N. lat., 124[deg]58.66' W. long.;
    (48) 47[deg]32.17' N. lat., 124[deg]57.77' W. long.;
    (49) 47[deg]30.27' N. lat., 124[deg]56.16' W. long.;
    (50) 47[deg]30.60' N. lat., 124[deg]54.80' W. long.;
    (51) 47[deg]29.26' N. lat., 124[deg]52.21' W. long.;
    (52) 47[deg]28.21' N. lat., 124[deg]50.65' W. long.;
    (53) 47[deg]27.38' N. lat., 124[deg]49.34' W. long.;
    (54) 47[deg]25.61' N. lat., 124[deg]48.26' W. long.;
    (55) 47[deg]23.54' N. lat., 124[deg]46.42' W. long.;
    (56) 47[deg]20.64' N. lat., 124[deg]45.91' W. long.;
    (57) 47[deg]17.99' N. lat., 124[deg]45.59' W. long.;
    (58) 47[deg]18.20' N. lat., 124[deg]49.12' W. long.;
    (59) 47[deg]15.01' N. lat., 124[deg]51.09' W. long.;
    (60) 47[deg]12.61' N. lat., 124[deg]54.89' W. long.;


[[Page 968]]


    (61) 47[deg]08.22' N. lat., 124[deg]56.53' W. long.;
    (62) 47[deg]08.50' N. lat., 124[deg]54.95' W. long.;
    (63) 47[deg]01.92' N. lat., 124[deg]57.74' W. long.;
    (64) 47[deg]01.14' N. lat., 124[deg]59.35' W. long.;
    (65) 46[deg]58.48' N. lat., 124[deg]57.81' W. long.;
    (66) 46[deg]56.79' N. lat., 124[deg]56.03' W. long.;
    (67) 46[deg]58.01' N. lat., 124[deg]55.09' W. long.;
    (68) 46[deg]55.07' N. lat., 124[deg]54.14' W. long.;
    (69) 46[deg]59.60' N. lat., 124[deg]49.79' W. long.;
    (70) 46[deg]58.72' N. lat., 124[deg]48.78' W. long.;
    (71) 46[deg]54.45' N. lat., 124[deg]48.36' W. long.;
    (72) 46[deg]53.99' N. lat., 124[deg]49.95' W. long.;
    (73) 46[deg]54.38' N. lat., 124[deg]52.73' W. long.;
    (74) 46[deg]52.38' N. lat., 124[deg]52.02' W. long.;
    (75) 46[deg]48.93' N. lat., 124[deg]49.17' W. long.;
    (76) 46[deg]41.50' N. lat., 124[deg]43.00' W. long.;
    (77) 46[deg]34.50' N. lat., 124[deg]28.50' W. long.;
    (78) 46[deg]29.00' N. lat., 124[deg]30.00' W. long.;
    (79) 46[deg]20.00' N. lat., 124[deg]36.50' W. long.;
    (80) 46[deg]18.00' N. lat., 124[deg]38.00' W. long.;
    (81) 46[deg]17.00' N. lat., 124[deg]35.50' W. long.;
    (82) 46[deg]17.00' N. lat., 124[deg]22.50' W. long.;
    (83) 46[deg]15.02' N. lat., 124[deg]23.77' W. long.;
    (84) 46[deg]12.00' N. lat., 124[deg]35.00' W. long.;
    (85) 46[deg]10.50' N. lat., 124[deg]39.00' W. long.;
    (86) 46[deg]8.90' N. lat., 124[deg]39.11' W. long.;
    (87) 46[deg]0.97' N. lat., 124[deg]38.56' W. long.;
    (88) 45[deg]57.04' N. lat., 124[deg]36.42' W. long.;
    (89) 45[deg]54.29' N. lat., 124[deg]40.02' W. long.;
    (90) 45[deg]47.19' N. lat., 124[deg]35.58' W. long.;
    (91) 45[deg]41.75' N. lat., 124[deg]28.32' W. long.;
    (92) 45[deg]34.16' N. lat., 124[deg]24.23' W. long.;
    (93) 45[deg]27.10' N. lat., 124[deg]21.74' W. long.;
    (94) 45[deg]17.14' N. lat., 124[deg]17.85' W. long.;
    (95) 44[deg]59.51' N. lat., 124[deg]19.34' W. long.;
    (96) 44[deg]49.30' N. lat., 124[deg]29.97' W. long.;
    (97) 44[deg]45.64' N. lat., 124[deg]33.89' W. long.;
    (98) 44[deg]33.00' N. lat., 124[deg]36.88' W. long.;
    (99) 44[deg]28.20' N. lat., 124[deg]44.72' W. long.;
    (100) 44[deg]13.16' N. lat., 124[deg]56.36' W. long.;
    (101) 43[deg]56.34' N. lat., 124[deg]55.74' W. long.;
    (102) 43[deg]56.47' N. lat., 124[deg]34.61' W. long.;
    (103) 43[deg]42.73' N. lat., 124[deg]32.41' W. long.;
    (104) 43[deg]30.92' N. lat., 124[deg]34.43' W. long.;
    (105) 43[deg]17.44' N. lat., 124[deg]41.16' W. long.;
    (106) 43[deg]7.04' N. lat., 124[deg]41.25' W. long.;
    (107) 43[deg]3.45' N. lat., 124[deg]44.36' W. long.;
    (108) 43[deg]3.90' N. lat., 124[deg]50.81' W. long.;
    (109) 42[deg]55.70' N. lat., 124[deg]52.79' W. long.;
    (110) 42[deg]54.12' N. lat., 124[deg]47.36' W. long.;
    (111) 42[deg]43.99' N. lat., 124[deg]42.38' W. long.;
    (112) 42[deg]38.23' N. lat., 124[deg]41.25' W. long.;
    (113) 42[deg]33.02' N. lat., 124[deg]42.38' W. long.;
    (114) 42[deg]31.89' N. lat., 124[deg]42.04' W. long.;
    (115) 42[deg]30.08' N. lat., 124[deg]42.67' W. long.;
    (116) 42[deg]28.27' N. lat., 124[deg]47.08' W. long.;
    (117) 42[deg]25.22' N. lat., 124[deg]43.51' W. long.;
    (118) 42[deg]19.22' N. lat., 124[deg]37.92' W. long.;
    (119) 42[deg]16.28' N. lat., 124[deg]36.11' W. long.;
    (120) 42[deg]5.65' N. lat., 124[deg]34.92' W. long.;
    (121) 42[deg]0.00' N. lat., 124[deg]35.27' W. long.;
    (122) 42[deg]00.00' N. lat., 124[deg]35.26' W. long.;
    (123) 41[deg]47.04' N. lat., 124[deg]27.64' W. long.;
    (124) 41[deg]32.92' N. lat., 124[deg]28.79' W. long.;
    (125) 41[deg]24.17' N. lat., 124[deg]28.46' W. long.;
    (126) 41[deg]10.12' N. lat., 124[deg]20.50' W. long.;
    (127) 40[deg]51.41' N. lat., 124[deg]24.38' W. long.;
    (128) 40[deg]43.71' N. lat., 124[deg]29.89' W. long.;
    (129) 40[deg]40.14' N. lat., 124[deg]30.90' W. long.;
    (130) 40[deg]37.35' N. lat., 124[deg]29.05' W. long.;
    (131) 40[deg]34.76' N. lat., 124[deg]29.82' W. long.;
    (132) 40[deg]36.78' N. lat., 124[deg]37.06' W. long.;
    (133) 40[deg]32.44' N. lat., 124[deg]39.58' W. long.;
    (134) 40[deg]24.82' N. lat., 124[deg]35.12' W. long.;
    (135) 40[deg]23.30' N. lat., 124[deg]31.60' W. long.;
    (136) 40[deg]23.52' N. lat., 124[deg]28.78' W. long.;
    (137) 40[deg]22.43' N. lat., 124[deg]25.00' W. long.;
    (138) 40[deg]21.72' N. lat., 124[deg]24.94' W. long.;
    (139) 40[deg]21.87' N. lat., 124[deg]27.96' W. long.;
    (140) 40[deg]21.40' N. lat., 124[deg]28.74' W. long.;
    (141) 40[deg]19.68' N. lat., 124[deg]28.49' W. long.;
    (142) 40[deg]17.73' N. lat., 124[deg]25.43' W. long.;
    (143) 40[deg]18.37' N. lat., 124[deg]23.35' W. long.;
    (144) 40[deg]15.75' N. lat., 124[deg]26.05' W. long.;
    (145) 40[deg]16.75' N. lat., 124[deg]33.71' W. long.;
    (146) 40[deg]16.29' N. lat., 124[deg]34.36' W. long.; and
    (147) 40[deg]10.00' N. lat., 124[deg]21.12' W. long.
    (iv) The 250-fm (457-m) depth contour used north of 38[deg]
N. lat. 
for March through October as a western boundary for the trawl RCA is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 48[deg]14.68' N. lat., 125[deg]42.10' W. long.;
    (2) 48[deg]12.83' N. lat., 125[deg]39.71' W. long.;
    (3) 48[deg]13.00' N. lat., 125[deg]39.00' W. long.;
    (4) 48[deg]12.73' N. lat., 125[deg]38.87' W. long.;
    (5) 48[deg]12.43' N. lat., 125[deg]39.12' W. long.;
    (6) 48[deg]11.83' N. lat., 125[deg]40.01' W. long.;
    (7) 48[deg]11.78' N. lat., 125[deg]41.70' W. long.;
    (8) 48[deg]10.62' N. lat., 125[deg]43.41' W. long.;
    (9) 48[deg]09.23' N. lat., 125[deg]42.80' W. long.;
    (10) 48[deg]08.79' N. lat., 125[deg]43.79' W. long.;
    (11) 48[deg]08.50' N. lat., 125[deg]45.00' W. long.;
    (12) 48[deg]07.43' N. lat., 125[deg]46.36' W. long.;
    (13) 48[deg]06.00' N. lat., 125[deg]46.50' W. long.;
    (14) 48[deg]05.38' N. lat., 125[deg]42.82' W. long.;
    (15) 48[deg]04.19' N. lat., 125[deg]40.40' W. long.;


[[Page 969]]


    (16) 48[deg]03.50' N. lat., 125[deg]37.00' W. long.;
    (17) 48[deg]01.50' N. lat., 125[deg]40.00' W. long.;
    (18) 47[deg]57.00' N. lat., 125[deg]37.00' W. long.;
    (19) 47[deg]55.21' N. lat., 125[deg]37.22' W. long.;
    (20) 47[deg]54.02' N. lat., 125[deg]36.57' W. long.;
    (21) 47[deg]53.67' N. lat., 125[deg]35.06' W. long.;
    (22) 47[deg]54.14' N. lat., 125[deg]32.35' W. long.;
    (23) 47[deg]55.50' N. lat., 125[deg]28.56' W. long.;
    (24) 47[deg]57.03' N. lat., 125[deg]26.52' W. long.;
    (25) 47[deg]57.98' N. lat., 125[deg]25.08' W. long.;
    (26) 48[deg]00.54' N. lat., 125[deg]24.38' W. long.;
    (27) 48[deg]01.45' N. lat., 125[deg]23.70' W. long.;
    (28) 48[deg]01.97' N. lat., 125[deg]22.34' W. long.;
    (29) 48[deg]03.68' N. lat., 125[deg]21.20' W. long.;
    (30) 48[deg]01.96' N. lat., 125[deg]19.56' W. long.;
    (31) 48[deg]00.98' N. lat., 125[deg]20.43' W. long.;
    (32) 48[deg]00.00' N. lat., 125[deg]20.68' W. long.;
    (33) 47[deg]58.00' N. lat., 125[deg]20.00' W. long.;
    (34) 47[deg]57.65' N. lat., 125[deg]19.18' W. long.;
    (35) 47[deg]58.00' N. lat., 125[deg]18.00' W. long.;
    (36) 47[deg]56.59' N. lat., 125[deg]18.15' W. long.;
    (37) 47[deg]51.30' N. lat., 125[deg]18.32' W. long.;
    (38) 47[deg]49.88' N. lat., 125[deg]14.49' W. long.;
    (39) 47[deg]49.00' N. lat., 125[deg]11.00' W. long.;
    (40) 47[deg]47.99' N. lat., 125[deg]07.31' W. long.;
    (41) 47[deg]46.47' N. lat., 125[deg]08.63' W. long.;
    (42) 47[deg]46.00' N. lat., 125[deg]06.00' W. long.;
    (43) 47[deg]44.50' N. lat., 125[deg]07.50' W. long.;
    (44) 47[deg]43.39' N. lat., 125[deg]06.57' W. long.;
    (45) 47[deg]42.37' N. lat., 125[deg]05.74' W. long.;
    (46) 47[deg]40.61' N. lat., 125[deg]06.48' W. long.;
    (47) 47[deg]37.43' N. lat., 125[deg]07.33' W. long.;
    (48) 47[deg]33.68' N. lat., 125[deg]04.80' W. long.;
    (49) 47[deg]30.00' N. lat., 125[deg]00.00' W. long.;
    (50) 47[deg]28.00' N. lat., 124[deg]58.50' W. long.;
    (51) 47[deg]28.88' N. lat., 124[deg]54.71' W. long.;
    (52) 47[deg]27.70' N. lat., 124[deg]51.87' W. long.;
    (53) 47[deg]24.84' N. lat., 124[deg]48.45' W. long.;
    (54) 47[deg]21.76' N. lat., 124[deg]47.42' W. long.;
    (55) 47[deg]18.84' N. lat., 124[deg]46.75' W. long.;
    (56) 47[deg]19.82' N. lat., 124[deg]51.43' W. long.;
    (57) 47[deg]18.13' N. lat., 124[deg]54.25' W. long.;
    (58) 47[deg]13.50' N. lat., 124[deg]54.69' W. long.;
    (59) 47[deg]15.00' N. lat., 125[deg]00.00' W. long.;
    (60) 47[deg]08.00' N. lat., 124[deg]59.83' W. long.;
    (61) 47[deg]05.79' N. lat., 125[deg]01.00' W. long.;
    (62) 47[deg]03.34' N. lat., 124[deg]57.49' W. long.;
    (63) 47[deg]01.00' N. lat., 125[deg]00.00' W. long.;
    (64) 46[deg]55.00' N. lat., 125[deg]02.00' W. long.;
    (65) 46[deg]51.00' N. lat., 124[deg]57.00' W. long.;
    (66) 46[deg]47.00' N. lat., 124[deg]55.00' W. long.;
    (67) 46[deg]34.00' N. lat., 124[deg]38.00' W. long.;
    (68) 46[deg]30.50' N. lat., 124[deg]41.00' W. long.;
    (69) 46[deg]33.00' N. lat., 124[deg]32.00' W. long.;
    (70) 46[deg]29.00' N. lat., 124[deg]32.00' W. long.;
    (71) 46[deg]20.00' N. lat., 124[deg]39.00' W. long.;
    (72) 46[deg]18.16' N. lat., 124[deg]40.00' W. long.;
    (73) 46[deg]15.83' N. lat., 124[deg]27.01' W. long.;
    (74) 46[deg]15.00' N. lat., 124[deg]30.96' W. long.;
    (75) 46[deg]13.17' N. lat., 124[deg]37.87' W. long.;
    (76) 46[deg]13.17' N. lat., 124[deg]38.75' W. long.;
    (77) 46[deg]10.50' N. lat., 124[deg]42.00' W. long.;
    (78) 46[deg]6.21' N. lat., 124[deg]41.85' W. long.;
    (79) 46[deg]3.02' N. lat., 124[deg]50.27' W. long.;
    (80) 45[deg]57.00' N. lat., 124[deg]45.52' W. long.;
    (81) 45[deg]46.85' N. lat., 124[deg]45.91' W. long.;
    (82) 45[deg]45.81' N. lat., 124[deg]47.05' W. long.;
    (83) 45[deg]44.87' N. lat., 124[deg]45.98' W. long.;
    (84) 45[deg]43.44' N. lat., 124[deg]46.03' W. long.;
    (85) 45[deg]35.82' N. lat., 124[deg]45.72' W. long.;
    (86) 45[deg]35.70' N. lat., 124[deg]42.89' W. long.;
    (87) 45[deg]24.45' N. lat., 124[deg]38.21' W. long.;
    (88) 45[deg]11.68' N. lat., 124[deg]39.38' W. long.;
    (89) 44[deg]57.94' N. lat., 124[deg]37.02' W. long.;
    (90) 44[deg]44.28' N. lat., 124[deg]50.79' W. long.;
    (91) 44[deg]32.63' N. lat., 124[deg]54.21' W. long.;
    (92) 44[deg]23.20' N. lat., 124[deg]49.87' W. long.;
    (93) 44[deg]13.17' N. lat., 124[deg]58.81' W. long.;
    (94) 43[deg]57.92' N. lat., 124[deg]58.29' W. long.;
    (95) 43[deg]50.12' N. lat., 124[deg]53.36' W. long.;
    (96) 43[deg]49.53' N. lat., 124[deg]43.96' W. long.;
    (97) 43[deg]42.76' N. lat., 124[deg]41.40' W. long.;
    (98) 43[deg]24.00' N. lat., 124[deg]42.61' W. long.;
    (99) 43[deg]19.74' N. lat., 124[deg]45.12' W. long.;
    (100) 43[deg]19.62' N. lat., 124[deg]52.95' W. long.;
    (101) 43[deg]17.41' N. lat., 124[deg]53.02' W. long.;
    (102) 42[deg]49.15' N. lat., 124[deg]54.93' W. long.;
    (103) 42[deg]46.74' N. lat., 124[deg]53.39' W. long.;
    (104) 42[deg]43.76' N. lat., 124[deg]51.64' W. long.;
    (105) 42[deg]45.41' N. lat., 124[deg]49.35' W. long.;
    (106) 42[deg]43.92' N. lat., 124[deg]45.92' W. long.;
    (107) 42[deg]38.87' N. lat., 124[deg]43.38' W. long.;
    (108) 42[deg]34.78' N. lat., 124[deg]46.56' W. long.;
    (109) 42[deg]31.47' N. lat., 124[deg]46.89' W. long.;
    (110) 42[deg]31.00' N. lat., 124[deg]44.28' W. long.;
    (111) 42[deg]29.22' N. lat., 124[deg]46.93' W. long.;
    (112) 42[deg]28.39' N. lat., 124[deg]49.94' W. long.;
    (113) 42[deg]26.28' N. lat., 124[deg]47.60' W. long.;
    (114) 42[deg]19.58' N. lat., 124[deg]43.21' W. long.;
    (115) 42[deg]13.75' N. lat., 124[deg]40.06' W. long.;
    (116) 42[deg]5.12' N. lat., 124[deg]39.06' W. long.;
    (117) 41[deg]59.99' N. lat., 124[deg]37.72' W. long.;
    (118) 42[deg]0.00' N. lat., 124[deg]37.76' W. long.;
    (119) 41[deg]47.93' N. lat., 124[deg]31.79' W. long.;
    (120) 41[deg]21.35' N. lat., 124[deg]30.35' W. long.;


[[Page 970]]


    (121) 41[deg]7.11' N. lat., 124[deg]25.25' W. long.;
    (122) 40[deg]57.37' N. lat., 124[deg]30.25' W. long.;
    (123) 40[deg]41.03' N. lat., 124[deg]33.21' W. long.;
    (124) 40[deg]37.40' N. lat., 124[deg]38.96' W. long.;
    (125) 40[deg]33.70' N. lat., 124[deg]42.50' W. long.;
    (126) 40[deg]31.31' N. lat., 124[deg]41.59' W. long.;
    (127) 40[deg]25.00' N. lat., 124[deg]36.65' W. long.;
    (128) 40[deg]22.42' N. lat., 124[deg]32.19' W. long.;
    (129) 40[deg]17.17' N. lat., 124[deg]32.21' W. long.;
    (130) 40[deg]18.68' N. lat., 124[deg]50.44' W. long.;
    (131) 40[deg]10.11' N. lat., 124[deg]28.25' W. long.;
    (132) 40[deg]1.63' N. lat., 124[deg]17.25' W. long.;
    (133) 39[deg]51.85' N. lat., 124[deg]10.33' W. long.;
    (134) 39[deg]32.41' N. lat., 124[deg]0.01' W. long.;
    (135) 38[deg]57.16' N. lat., 124[deg]1.89' W. long.;
    (136) 38[deg]11.66' N. lat., 123[deg]30.87' W. long.;
    (137) 38[deg]3.18' N. lat., 123[deg]33.45' W. long.; and
    (138) 38[deg]00.00' N. lat., 123[deg]28.84' W. long.
    (v) The 250-fm (457-m) depth contour modified to allow fishing for 
petrale in winter months of January, February, November, and December 
and used north of 38[deg]
N. lat. as a western boundary for the trawl 
RCA is defined by straight lines connecting all of the following points 
in the order stated:
    (1) 48[deg]14.71' N. lat., 125[deg]41.95' W. long.;
    (2) 48[deg]13.00' N. lat., 125[deg]39.00' W. long.;
    (3) 48[deg]08.50' N. lat., 125[deg]45.00' W. long.;
    (4) 48[deg]06.00' N. lat., 125[deg]46.50' W. long.;
    (5) 48[deg]03.50' N. lat., 125[deg]37.00' W. long.;
    (6) 48[deg]01.50' N. lat., 125[deg]40.00' W. long.;
    (7) 47[deg]57.00' N. lat., 125[deg]37.00' W. long.;
    (8) 47[deg]55.50' N. lat., 125[deg]28.50' W. long.;
    (9) 47[deg]58.00' N. lat., 125[deg]25.00' W. long.;
    (10) 48[deg]00.50' N. lat., 125[deg]24.50' W. long.;
    (11) 48[deg]03.50' N. lat., 125[deg]21.00' W. long.;
    (12) 48[deg]02.00' N. lat., 125[deg]19.50' W. long.;
    (13) 48[deg]00.00' N. lat., 125[deg]21.00' W. long.;
    (14) 47[deg]58.00' N. lat., 125[deg]20.00' W. long.;
    (15) 47[deg]58.00' N. lat., 125[deg]18.00' W. long.;
    (16) 47[deg]52.00' N. lat., 125[deg]16.50' W. long.;
    (17) 47[deg]49.00' N. lat., 125[deg]11.00' W. long.;
    (18) 47[deg]46.00' N. lat., 125[deg]06.00' W. long.;
    (19) 47[deg]44.50' N. lat., 125[deg]07.50' W. long.;
    (20) 47[deg]42.00' N. lat., 125[deg]06.00' W. long.;
    (21) 47[deg]38.00' N. lat., 125[deg]07.00' W. long.;
    (22) 47[deg]30.00' N. lat., 125[deg]00.00' W. long.;
    (23) 47[deg]28.00' N. lat., 124[deg]58.50' W. long.;
    (24) 47[deg]28.88' N. lat., 124[deg]54.71' W. long.;
    (25) 47[deg]27.70' N. lat., 124[deg]51.87' W. long.;
    (26) 47[deg]24.84' N. lat., 124[deg]48.45' W. long.;
    (27) 47[deg]21.76' N. lat., 124[deg]47.42' W. long.;
    (28) 47[deg]18.84' N. lat., 124[deg]46.75' W. long.;
    (29) 47[deg]19.82' N. lat., 124[deg]51.43' W. long.;
    (30) 47[deg]18.13' N. lat., 124[deg]54.25' W. long.;
    (31) 47[deg]13.50' N. lat., 124[deg]54.69' W. long.;
    (32) 47[deg]15.00' N. lat., 125[deg]00.00' W. long.;
    (33) 47[deg]08.00' N. lat., 124[deg]59.82' W. long.;
    (34) 47[deg]05.79' N. lat., 125[deg]01.00' W. long.;
    (35) 47[deg]03.34' N. lat., 124[deg]57.49' W. long.;
    (36) 47[deg]01.00' N. lat., 125[deg]00.00' W. long.;
    (37) 46[deg]55.00' N. lat., 125[deg]02.00' W. long.;
    (38) 46[deg]51.00' N. lat., 124[deg]57.00' W. long.;
    (39) 46[deg]47.00' N. lat., 124[deg]55.00' W. long.;
    (40) 46[deg]34.00' N. lat., 124[deg]38.00' W. long.;
    (41) 46[deg]30.50' N. lat., 124[deg]41.00' W. long.;
    (42) 46[deg]33.00' N. lat., 124[deg]32.00' W. long.;
    (43) 46[deg]29.00' N. lat., 124[deg]32.00' W. long.;
    (44) 46[deg]20.00' N. lat., 124[deg]39.00' W. long.;
    (45) 46[deg]18.16' N. lat., 124[deg]40.00' W. long.;
    (46) 46[deg]15.83' N. lat., 124[deg]27.01' W. long.;
    (47) 46[deg]15.00' N. lat., 124[deg]30.96' W. long.;
    (48) 46[deg]13.17' N. lat., 124[deg]38.76' W. long.;
    (49) 46[deg]10.51' N. lat., 124[deg]41.99' W. long.;
    (50) 46[deg]6.24' N. lat., 124[deg]41.81' W. long.;
    (51) 46[deg]3.04' N. lat., 124[deg]50.26' W. long.;
    (52) 45[deg]56.99' N. lat., 124[deg]45.45' W. long.;
    (53) 45[deg]49.94' N. lat., 124[deg]45.75' W. long.;
    (54) 45[deg]49.94' N. lat., 124[deg]42.33' W. long.;
    (55) 45[deg]45.73' N. lat., 124[deg]42.18' W. long.;
    (56) 45[deg]45.73' N. lat., 124[deg]43.82' W. long.;
    (57) 45[deg]41.94' N. lat., 124[deg]43.61' W. long.;
    (58) 45[deg]41.58' N. lat., 124[deg]39.86' W. long.;
    (59) 45[deg]38.45' N. lat., 124[deg]39.94' W. long.;
    (60) 45[deg]35.75' N. lat., 124[deg]42.91' W. long.;
    (61) 45[deg]24.49' N. lat., 124[deg]38.20' W. long.;
    (62) 45[deg]14.43' N. lat., 124[deg]39.05' W. long.;
    (63) 45[deg]14.30' N. lat., 124[deg]34.19' W. long.;
    (64) 45[deg]8.98' N. lat., 124[deg]34.26' W. long.;
    (65) 45[deg]9.02' N. lat., 124[deg]38.81' W. long.;
    (66) 44[deg]57.98' N. lat., 124[deg]36.98' W. long.;
    (67) 44[deg]56.62' N. lat., 124[deg]38.32' W. long.;
    (68) 44[deg]50.82' N. lat., 124[deg]35.52' W. long.;
    (69) 44[deg]46.89' N. lat., 124[deg]38.32' W. long.;
    (70) 44[deg]50.78' N. lat., 124[deg]44.24' W. long.;
    (71) 44[deg]44.27' N. lat., 124[deg]50.78' W. long.;
    (72) 44[deg]32.63' N. lat., 124[deg]54.24' W. long.;
    (73) 44[deg]23.25' N. lat., 124[deg]49.78' W. long.;
    (74) 44[deg]13.16' N. lat., 124[deg]58.81' W. long.;
    (75) 43[deg]57.88' N. lat., 124[deg]58.25' W. long.;
    (76) 43[deg]56.89' N. lat., 124[deg]57.33' W. long.;
    (77) 43[deg]53.41' N. lat., 124[deg]51.95' W. long.;
    (78) 43[deg]51.56' N. lat., 124[deg]47.38' W. long.;
    (79) 43[deg]51.49' N. lat., 124[deg]37.77' W. long.;
    (80) 43[deg]48.02' N. lat., 124[deg]43.31' W. long.;
    (81) 43[deg]42.77' N. lat., 124[deg]41.39' W. long.;
    (82) 43[deg]24.09' N. lat., 124[deg]42.57' W. long.;
    (83) 43[deg]19.73' N. lat., 124[deg]45.09' W. long.;


[[Page 971]]


    (84) 43[deg]15.98' N. lat., 124[deg]47.76' W. long.;
    (85) 43[deg]4.14' N. lat., 124[deg]52.55' W. long.;
    (86) 43[deg]4.00' N. lat., 124[deg]53.88' W. long.;
    (87) 42[deg]54.69' N. lat., 124[deg]54.54' W. long.;
    (88) 42[deg]45.46' N. lat., 124[deg]49.37' W. long.;
    (89) 42[deg]43.91' N. lat., 124[deg]45.90' W. long.;
    (90) 42[deg]38.84' N. lat., 124[deg]43.36' W. long.;
    (91) 42[deg]34.82' N. lat., 124[deg]46.56' W. long.;
    (92) 42[deg]31.57' N. lat., 124[deg]46.86' W. long.;
    (93) 42[deg]30.98' N. lat., 124[deg]44.27' W. long.;
    (94) 42[deg]29.21' N. lat., 124[deg]46.93' W. long.;
    (95) 42[deg]28.52' N. lat., 124[deg]49.40' W. long.;
    (96) 42[deg]26.06' N. lat., 124[deg]46.61' W. long.;
    (97) 42[deg]21.82' N. lat., 124[deg]43.76' W. long.;
    (98) 42[deg]17.47' N. lat., 124[deg]38.89' W. long.;
    (99) 42[deg]13.67' N. lat., 124[deg]37.51' W. long.;
    (100) 42[deg]13.76' N. lat., 124[deg]40.03' W. long.;
    (101) 42[deg]5.12' N. lat., 124[deg]39.06' W. long.;
    (102) 42[deg]2.67' N. lat., 124[deg]38.41' W. long.;
    (103) 42[deg]2.67' N. lat., 124[deg]35.95' W. long.;
    (104) 42[deg]0.00' N. lat., 124[deg]35.88' W. long.;
    (105) 41[deg]59.99' N. lat., 124[deg]35.92' W. long.;
    (106) 41[deg]56.38' N. lat., 124[deg]34.96' W. long.;
    (107) 41[deg]53.98' N. lat., 124[deg]32.50' W. long.;
    (108) 41[deg]50.69' N. lat., 124[deg]30.46' W. long.;
    (109) 41[deg]48.30' N. lat., 124[deg]29.91' W. long.;
    (110) 41[deg]47.93' N. lat., 124[deg]31.79' W. long.;
    (111) 41[deg]21.35' N. lat., 124[deg]30.35' W. long.;
    (112) 41[deg]7.11' N. lat., 124[deg]25.25' W. long.;
    (113) 40[deg]57.37' N. lat., 124[deg]30.25' W. long.;
    (114) 40[deg]41.03' N. lat., 124[deg]33.21' W. long.;
    (115) 40[deg]37.40' N. lat., 124[deg]38.96' W. long.;
    (116) 40[deg]33.70' N. lat., 124[deg]42.50' W. long.;
    (117) 40[deg]31.31' N. lat., 124[deg]41.59' W. long.;
    (118) 40[deg]25.00' N. lat., 124[deg]36.65' W. long.;
    (119) 40[deg]22.42' N. lat., 124[deg]32.19' W. long.;
    (120) 40[deg]17.17' N. lat., 124[deg]32.21' W. long.;
    (121) 40[deg]18.68' N. lat., 124[deg]50.44' W. long.;
    (122) 40[deg]10.11' N. lat., 124[deg]28.25' W. long.;
    (123) 40[deg]1.63' N. lat., 124[deg]17.25' W. long.;
    (124) 39[deg]51.85' N. lat., 124[deg]10.33' W. long.;
    (125) 39[deg]32.41' N. lat., 124[deg]0.01' W. long.;
    (126) 38[deg]57.16' N. lat., 124[deg]1.89' W. long.;
    (127) 38[deg]11.66' N. lat., 123[deg]30.87' W. long.;
    (128) 38[deg]3.18' N. lat., 123[deg]33.45' W. long.; and
    (129) 38[deg]00.00' N. lat., 123[deg]28.84' W. long.
    (vi) The 50-fm (91-m) depth contour used between 40[deg]10' N. lat. 
and 34[deg]27' N. lat. as an eastern boundary for the trawl RCA in the 
months of January and February is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 40[deg]10.01' N. lat., 124[deg]19.97' W. long.;
    (2) 40[deg]9.20' N. lat., 124[deg]15.81' W. long.;
    (3) 40[deg]7.51' N. lat., 124[deg]15.29' W. long.;
    (4) 40[deg]5.22' N. lat., 124[deg]10.06' W. long.;
    (5) 40[deg]6.51' N. lat., 124[deg]8.01' W. long.;
    (6) 40[deg]0.72' N. lat., 124[deg]8.45' W. long.;
    (7) 39[deg]56.60' N. lat., 124[deg]7.12' W. long.;
    (8) 39[deg]52.58' N. lat., 124[deg]3.57' W. long.;
    (9) 39[deg]50.65' N. lat., 123[deg]57.98' W. long.;
    (10) 39[deg]40.16' N. lat., 123[deg]52.41' W. long.;
    (11) 39[deg]30.12' N. lat., 123[deg]52.92' W. long.;
    (12) 39[deg]24.53' N. lat., 123[deg]55.16' W. long.;
    (13) 39[deg]11.58' N. lat., 123[deg]50.93' W. long.;
    (14) 38[deg]55.13' N. lat., 123[deg]51.14' W. long.;
    (15) 38[deg]28.58' N. lat., 123[deg]22.84' W. long.;
    (16) 38[deg]14.58' N. lat., 123[deg]9.93' W. long.;
    (17) 38[deg]1.86' N. lat., 123[deg]9.76' W. long.;
    (18) 37[deg]53.66' N. lat., 123[deg]12.06' W. long.;
    (19) 37[deg]48.01' N. lat., 123[deg]15.84' W. long.;
    (20) 37[deg]36.77' N. lat., 122[deg]58.48' W. long.;
    (21) 37[deg]1.02' N. lat., 122[deg]33.71' W. long.;
    (22) 37[deg]2.28' N. lat., 122[deg]25.06' W. long.;
    (23) 36[deg]48.20' N. lat., 122[deg]3.28' W. long.;
    (24) 36[deg]51.46' N. lat., 121[deg]57.54' W. long.;
    (25) 36[deg]44.14' N. lat., 121[deg]58.10' W. long.;
    (26) 36[deg]36.76' N. lat., 122[deg]1.16' W. long.;
    (27) 36[deg]15.62' N. lat., 121[deg]57.13' W. long.;
    (28) 36[deg]10.60' N. lat., 121[deg]43.65' W. long.;
    (29) 35[deg]40.38' N. lat., 121[deg]22.59' W. long.;
    (30) 35[deg]24.35' N. lat., 121[deg]2.53' W. long.;
    (31) 35[deg]2.66' N. lat., 120[deg]51.63' W. long.;
    (32) 34[deg]39.52' N. lat., 120[deg]48.72' W. long.;
    (33) 34[deg]31.26' N. lat., 120[deg]44.12' W. long.; and
    (34) 34[deg]27.00' N. lat., 120[deg]31.25' W. long.
    (vii) The 60-fm (110-m) depth contour used between 40[deg]10' N. 
lat. and 34[deg]27' N. lat. as an eastern boundary for the trawl RCA in 
March through October is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 40[deg]10.01' N. lat., 124[deg]19.97' W. long.;
    (2) 40[deg]9.20' N. lat., 124[deg]15.81' W. long.;
    (3) 40[deg]7.51' N. lat., 124[deg]15.29' W. long.;
    (4) 40[deg]5.22' N. lat., 124[deg]10.06' W. long.;
    (5) 40[deg]6.51' N. lat., 124[deg]8.01' W. long.;
    (6) 40[deg]0.72' N. lat., 124[deg]8.45' W. long.;
    (7) 39[deg]56.60' N. lat., 124[deg]7.12' W. long.;
    (8) 39[deg]52.58' N. lat., 124[deg]3.57' W. long.;
    (9) 39[deg]50.65' N. lat., 123[deg]57.98' W. long.;
    (10) 39[deg]40.16' N. lat., 123[deg]52.41' W. long.;
    (11) 39[deg]30.12' N. lat., 123[deg]52.92' W. long.;
    (12) 39[deg]24.53' N. lat., 123[deg]55.16' W. long.;
    (13) 39[deg]11.58' N. lat., 123[deg]50.93' W. long.;
    (14) 38[deg]55.13' N. lat., 123[deg]51.14' W. long.;
    (15) 38[deg]28.58' N. lat., 123[deg]22.84' W. long.;
    (16) 38[deg]8.32' N. lat., 123[deg]14.60' W. long.;
    (17) 38[deg]0.27' N. lat., 123[deg]15.29' W. long.;
    (18) 37[deg]56.93' N. lat., 123[deg]21.61' W. long.;
    (19) 37[deg]48.01' N. lat., 123[deg]15.84' W. long.;


[[Page 972]]


    (20) 37[deg]36.77' N. lat., 122[deg]58.48' W. long.;
    (21) 37[deg]1.02' N. lat., 122[deg]33.71' W. long.;
    (22) 37[deg]2.28' N. lat., 122[deg]25.06' W. long.;
    (23) 36[deg]48.20' N. lat., 122[deg]3.28' W. long.;
    (24) 36[deg]51.46' N. lat., 121[deg]57.54' W. long.;
    (25) 36[deg]44.14' N. lat., 121[deg]58.10' W. long.;
    (26) 36[deg]36.76' N. lat., 122[deg]1.16' W. long.;
    (27) 36[deg]15.62' N. lat., 121[deg]57.13' W. long.;
    (28) 36[deg]10.60' N. lat., 121[deg]43.65' W. long.;
    (29) 35[deg]40.38' N. lat., 121[deg]22.59' W. long.;
    (30) 35[deg]24.35' N. lat., 121[deg]2.53' W. long.;
    (31) 35[deg]2.66' N. lat., 120[deg]51.63' W. long.;
    (32) 34[deg]39.52' N. lat., 120[deg]48.72' W. long.;
    (33) 34[deg]31.26' N. lat., 120[deg]44.12' W. long.; and
    (34) 34[deg]27.00' N. lat., 120[deg]31.25' W. long.
    (viii) The 100-fm (183-m) depth contour used between 34[deg]27' N. 
lat. and the U.S. border with Mexico as an eastern boundary for the 
trawl RCA is defined by straight lines connecting all of the following 
points in the order stated:
    (1) 34[deg]27.00' N. lat., 120[deg]31.74' W. long.;
    (2) 34[deg]21.90' N. lat., 120[deg]25.25' W. long.;
    (3) 34[deg]24.86' N. lat., 120[deg]16.81' W. long.;
    (4) 34[deg]22.80' N. lat., 119[deg]57.06' W. long.;
    (5) 34[deg]18.59' N. lat., 119[deg]44.84' W. long.;
    (6) 34[deg]15.04' N. lat., 119[deg]40.34' W. long.;
    (7) 34[deg]14.40' N. lat., 119[deg]45.39' W. long.;
    (8) 34[deg]12.32' N. lat., 119[deg]42.41' W. long.;
    (9) 34[deg]9.71' N. lat., 119[deg]28.85' W. long.;
    (10) 34[deg]4.70' N. lat., 119[deg]15.38' W. long.;
    (11) 34[deg]3.33' N. lat., 119[deg]12.93' W. long.;
    (12) 34[deg]2.72' N. lat., 119[deg]7.01' W. long.;
    (13) 34[deg]3.90' N. lat., 119[deg]4.64' W. long.;
    (14) 34[deg]1.80' N. lat., 119[deg]3.23' W. long.;
    (15) 33[deg]59.32' N. lat., 119[deg]3.50' W. long.;
    (16) 33[deg]59.00' N. lat., 118[deg]59.55' W. long.;
    (17) 33[deg]59.51' N. lat., 118[deg]57.25' W. long.;
    (18) 33[deg]58.82' N. lat., 118[deg]52.47' W. long.;
    (19) 33[deg]58.54' N. lat., 118[deg]41.86' W. long.;
    (20) 33[deg]55.07' N. lat., 118[deg]34.25' W. long.;
    (21) 33[deg]54.28' N. lat., 118[deg]38.68' W. long.;
    (22) 33[deg]51.00' N. lat., 118[deg]36.66' W. long.;
    (23) 33[deg]39.77' N. lat., 118[deg]18.41' W. long.;
    (24) 33[deg]35.50' N. lat., 118[deg]16.85' W. long.;
    (25) 33[deg]32.68' N. lat., 118[deg]9.82' W. long.;
    (26) 33[deg]34.09' N. lat., 117[deg]54.06' W. long.;
    (27) 33[deg]31.60' N. lat., 117[deg]49.28' W. long.;
    (28) 33[deg]16.07' N. lat., 117[deg]34.74' W. long.;
    (29) 33[deg]7.06' N. lat., 117[deg]22.71' W. long.;
    (30) 32[deg]53.34' N. lat., 117[deg]19.13' W. long.;
    (31) 32[deg]46.39' N. lat., 117[deg]23.45' W. long.;
    (32) 32[deg]42.79' N. lat., 117[deg]21.16' W. long.; and
    (33) 32[deg]34.22' N. lat., 117[deg]21.20' W. long.
    (ix) The 150-fm (274-m) depth contour used between 38[deg]
N. lat. 
and the U.S. border with Mexico as a western boundary for both the 
trawl RCA and the non-trawl RCA is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 37[deg]59.73' N. lat., 123[deg]29.85' W. long.;
    (2) 37[deg]51.46' N. lat., 123[deg]25.16' W. long.;
    (3) 37[deg]44.06' N. lat., 123[deg]11.44' W. long.;
    (4) 37[deg]35.26' N. lat., 123[deg]2.29' W. long.;
    (5) 37[deg]14.00' N. lat., 122[deg]50.00' W. long.;
    (6) 37[deg]1.00' N. lat., 122[deg]36.00' W. long.;
    (7) 36[deg]58.07' N. lat., 122[deg]28.35' W. long.;
    (8) 37[deg]0.71' N. lat., 122[deg]24.53' W. long.;
    (9) 36[deg]57.50' N. lat., 122[deg]24.98' W. long.;
    (10) 36[deg]58.38' N. lat., 122[deg]21.85' W. long.;
    (11) 36[deg]55.85' N. lat., 122[deg]21.95' W. long.;
    (12) 36[deg]52.86' N. lat., 122[deg]12.89' W. long.;
    (13) 36[deg]48.71' N. lat., 122[deg]9.28' W. long.;
    (14) 36[deg]46.65' N. lat., 122[deg]4.10' W. long.;
    (15) 36[deg]51.00' N. lat., 121[deg]58.00' W. long.;
    (16) 36[deg]44.00' N. lat., 121[deg]59.00' W. long.;
    (17) 36[deg]38.00' N. lat., 122[deg]2.00' W. long.;
    (18) 36[deg]26.00' N. lat., 121[deg]59.05' W. long.;
    (19) 36[deg]22.00' N. lat., 122[deg]1.00' W. long.;
    (20) 36[deg]19.00' N. lat., 122[deg]5.00' W. long.;
    (21) 36[deg]14.00' N. lat., 121[deg]58.00' W. long.;
    (22) 36[deg]10.61' N. lat., 121[deg]44.51' W. long.;
    (23) 35[deg]50.53' N. lat., 121[deg]29.93' W. long.;
    (24) 35[deg]46.00' N. lat., 121[deg]28.00' W. long.;
    (25) 35[deg]38.94' N. lat., 121[deg]23.16' W. long.;
    (26) 35[deg]26.00' N. lat., 121[deg]8.00' W. long.;
    (27) 35[deg]7.42' N. lat., 120[deg]57.08' W. long.;
    (28) 34[deg]42.00' N. lat., 120[deg]54.00' W. long.;
    (29) 34[deg]29.00' N. lat., 120[deg]44.00' W. long.;
    (30) 34[deg]22.00' N. lat., 120[deg]32.00' W. long.;
    (31) 34[deg]21.00' N. lat., 120[deg]21.00' W. long.;
    (32) 34[deg]24.00' N. lat., 120[deg]15.00' W. long.;
    (33) 34[deg]22.11' N. lat., 119[deg]56.63' W. long.;
    (34) 34[deg]19.00' N. lat., 119[deg]48.00' W. long.;
    (35) 34[deg]15.00' N. lat., 119[deg]48.00' W. long.;
    (36) 34[deg]8.00' N. lat., 119[deg]37.00' W. long.;
    (37) 34[deg]7.00' N. lat., 120[deg]11.00' W. long.;
    (38) 34[deg]13.00' N. lat., 120[deg]30.00' W. long.;
    (39) 34[deg]9.00' N. lat., 120[deg]38.00' W. long.;
    (40) 33[deg]58.00' N. lat., 120[deg]29.00' W. long.;
    (41) 33[deg]51.00' N. lat., 120[deg]9.00' W. long.;
    (42) 33[deg]38.00' N. lat., 119[deg]58.00' W. long.;
    (43) 33[deg]38.00' N. lat., 119[deg]50.00' W. long.;
    (44) 33[deg]46.25' N. lat., 119[deg]49.32' W. long.;
    (45) 33[deg]53.82' N. lat., 119[deg]53.42' W. long.;
    (46) 33[deg]59.00' N. lat., 119[deg]21.00' W. long.;
    (47) 34[deg]2.00' N. lat., 119[deg]13.00' W. long.;
    (48) 34[deg]1.52' N. lat., 119[deg]4.50' W. long.;
    (49) 33[deg]58.83' N. lat., 119[deg]3.76' W. long.;


[[Page 973]]


    (50) 33[deg]56.55' N. lat., 118[deg]40.50' W. long.;
    (51) 33[deg]51.00' N. lat., 118[deg]38.00' W. long.;
    (52) 33[deg]39.63' N. lat., 118[deg]18.75' W. long.;
    (53) 33[deg]35.44' N. lat., 118[deg]17.57' W. long.;
    (54) 33[deg]31.98' N. lat., 118[deg]12.59' W. long.;
    (55) 33[deg]33.25' N. lat., 117[deg]54.15' W. long.;
    (56) 33[deg]31.43' N. lat., 117[deg]49.84' W. long.;
    (57) 33[deg]16.53' N. lat., 117[deg]36.13' W. long.;
    (58) 33[deg]6.51' N. lat., 117[deg]24.11' W. long.;
    (59) 32[deg]54.11' N. lat., 117[deg]21.45' W. long.;
    (60) 32[deg]46.15' N. lat., 117[deg]24.26' W. long.;
    (61) 32[deg]41.97' N. lat., 117[deg]22.10' W. long.;
    (62) 32[deg]39.00' N. lat., 117[deg]28.13' W. long.; and
    (63) 32[deg]34.84' N. lat., 117[deg]24.62' W. long.
    (x) The 150-fm (274-m) depth contour used around islands/seamounts 
off the state of California is defined by straight lines around each 
island/seamount connecting all of the following points in the order 
stated:
    (A) San Nicholas Island
    (1) 33[deg]32.73' N. lat., 119[deg]47.00' W. long.;
    (2) 33[deg]14.00' N. lat., 119[deg]15.00' W. long.;
    (3) 33[deg]12.00' N. lat., 119[deg]18.00' W. long.;
    (4) 33[deg]11.00' N. lat., 119[deg]26.00' W. long.;
    (5) 33[deg]13.13' N. lat., 119[deg]43.19' W. long.;
    (6) 33[deg]13.11' N. lat., 119[deg]53.05' W. long.;
    (7) 33[deg]30.00' N. lat., 119[deg]52.00' W. long.; and
    (8) 33[deg]32.73' N. lat., 119[deg]47.00' W. long.
    (B) Santa Catalina Island
    (1) 33[deg]19.00' N. lat., 118[deg]15.00' W. long.;
    (2) 33[deg]26.00' N. lat., 118[deg]22.00' W. long.;
    (3) 33[deg]28.00' N. lat., 118[deg]28.00' W. long.;
    (4) 33[deg]30.00' N. lat., 118[deg]31.00' W. long.;
    (5) 33[deg]31.00' N. lat., 118[deg]37.00' W. long.;
    (6) 33[deg]29.00' N. lat., 118[deg]41.00' W. long.;
    (7) 33[deg]23.00' N. lat., 118[deg]31.00' W. long.;
    (8) 33[deg]21.00' N. lat., 118[deg]33.00' W. long.;
    (9) 33[deg]18.00' N. lat., 118[deg]28.00' W. long.;
    (10) 33[deg]16.00' N. lat., 118[deg]13.00' W. long.; and
    (11) 33[deg]19.00' N. lat., 118[deg]15.00' W. long.
    (C) San Clemente Island
    (1) 32[deg]48.50' N. lat., 118[deg]18.34' W. long.;
    (2) 32[deg]56.00' N. lat., 118[deg]29.00' W. long.;
    (3) 33[deg]3.00' N. lat., 118[deg]34.00' W. long.;
    (4) 33[deg]5.00' N. lat., 118[deg]38.00' W. long.;
    (5) 33[deg]3.00' N. lat., 118[deg]40.00' W. long.;
    (6) 32[deg]48.00' N. lat., 118[deg]31.00' W. long.;
    (7) 32[deg]43.00' N. lat., 118[deg]24.00' W. long.; and
    (8) 32[deg]48.50' N. lat., 118[deg]18.34' W. long.
    (D) Santa Barbara Island
    (1) 33[deg]36.06' N. lat., 118[deg]57.15' W. long.;
    (2) 33[deg]20.64' N. lat., 118[deg]59.39' W. long.;
    (3) 33[deg]23.00' N. lat., 119[deg]7.00' W. long.;
    (4) 33[deg]43.00' N. lat., 119[deg]14.00' W. long.;
    (5) 33[deg]46.00' N. lat., 119[deg]12.00' W. long.; and
    (6) 33[deg]36.06' N. lat., 118[deg]57.15' W. long.
    (E) Orange County Seamount
    (1) 33[deg]25.00' N. lat., 118[deg]1.00' W. long.;
    (2) 33[deg]25.00' N. lat., 117[deg]58.00' W. long.;
    (3) 33[deg]23.00' N. lat., 117[deg]58.00' W. long.;
    (4) 33[deg]23.00' N. lat., 118[deg]1.00' W. long.; and
    (5) 33[deg]25.00' N. lat., 118[deg]1.00' W. long.
    (xi) The 50-fm (91-m) depth contour off Oregon state, which may be 
used for inseason management in 2003 is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 46[deg]16.00' N. lat., 124[deg]17.33' W. long.;
    (2) 45[deg]50.88' N. lat., 124[deg]9.68' W. long.;
    (3) 45[deg]12.99' N. lat., 124[deg]6.71' W. long.;
    (4) 44[deg]52.48' N. lat., 124[deg]11.22' W. long.;
    (5) 44[deg]42.41' N. lat., 124[deg]19.70' W. long.;
    (6) 44[deg]38.80' N. lat., 124[deg]26.58' W. long.;
    (7) 44[deg]24.99' N. lat., 124[deg]31.22' W. long.;
    (8) 44[deg]18.11' N. lat., 124[deg]43.74' W. long.;
    (9) 44[deg]15.23' N. lat., 124[deg]40.47' W. long.;
    (10) 44[deg]18.80' N. lat., 124[deg]35.48' W. long.;
    (11) 44[deg]19.62' N. lat., 124[deg]27.18' W. long.;
    (12) 43[deg]56.65' N. lat., 124[deg]16.86' W. long.;
    (13) 43[deg]34.95' N. lat., 124[deg]17.47' W. long.;
    (14) 43[deg]12.60' N. lat., 124[deg]35.80' W. long.;
    (15) 43[deg]8.96' N. lat., 124[deg]33.77' W. long.;
    (16) 42[deg]59.66' N. lat., 124[deg]34.79' W. long.;
    (17) 42[deg]54.29' N. lat., 124[deg]39.46' W. long.;
    (18) 42[deg]46.50' N. lat., 124[deg]39.99' W. long.;
    (19) 42[deg]41.00' N. lat., 124[deg]34.92' W. long.;
    (20) 42[deg]36.29' N. lat., 124[deg]34.70' W. long.;
    (21) 42[deg]28.36' N. lat., 124[deg]37.90' W. long.;
    (22) 42[deg]25.53' N. lat., 124[deg]37.68' W. long.;
    (23) 42[deg]18.64' N. lat., 124[deg]29.47' W. long.;
    (24) 42[deg]12.95' N. lat., 124[deg]27.34' W. long.;
    (25) 42[deg]3.04' N. lat., 124[deg]25.81' W. long.; and
    (26) 42[deg]0.00' N. lat., 124[deg]26.21' W. long.
    (xii) The 150-fm (274-m) depth contour between 46[deg]16' N. lat. 
and 38[deg]
N. lat., which may be used for inseason management in 2003 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 46[deg]16.00' N. lat., 124[deg]26.15' W. long.;
    (2) 46[deg]13.38' N. lat., 124[deg]31.36' W. long.;
    (3) 46[deg]12.09' N. lat., 124[deg]38.39' W. long.;
    (4) 46[deg]9.46' N. lat., 124[deg]40.64' W. long.;
    (5) 46[deg]7.30' N. lat., 124[deg]40.68' W. long.;
    (6) 46[deg]2.76' N. lat., 124[deg]44.01' W. long.;
    (7) 46[deg]2.64' N. lat., 124[deg]47.96' W. long.;
    (8) 46[deg]1.22' N. lat., 124[deg]43.47' W. long.;
    (9) 45[deg]51.81' N. lat., 124[deg]42.89' W. long.;
    (10) 45[deg]45.95' N. lat., 124[deg]40.72' W. long.;
    (11) 45[deg]44.11' N. lat., 124[deg]43.09' W. long.;
    (12) 45[deg]34.50' N. lat., 124[deg]30.27' W. long.;
    (13) 45[deg]21.10' N. lat., 124[deg]23.11' W. long.;
    (14) 45[deg]9.69' N. lat., 124[deg]20.45' W. long.;
    (15) 44[deg]56.25' N. lat., 124[deg]27.03' W. long.;
    (16) 44[deg]44.47' N. lat., 124[deg]37.85' W. long.;


[[Page 974]]


    (17) 44[deg]31.81' N. lat., 124[deg]39.60' W. long.;
    (18) 44[deg]31.48' N. lat., 124[deg]43.30' W. long.;
    (19) 44[deg]19.70' N. lat., 124[deg]50.88' W. long.;
    (20) 44[deg]12.04' N. lat., 124[deg]58.16' W. long.;
    (21) 44[deg]7.38' N. lat., 124[deg]57.87' W. long.;
    (22) 43[deg]57.06' N. lat., 124[deg]57.20' W. long.;
    (23) 43[deg]52.52' N. lat., 124[deg]49.00' W. long.;
    (24) 43[deg]51.56' N. lat., 124[deg]37.49' W. long.;
    (25) 43[deg]47.83' N. lat., 124[deg]36.43' W. long.;
    (26) 43[deg]31.79' N. lat., 124[deg]36.80' W. long.;
    (27) 43[deg]30.78' N. lat., 124[deg]38.19' W. long.;
    (28) 43[deg]29.34' N. lat., 124[deg]36.77' W. long.;
    (29) 43[deg]26.46' N. lat., 124[deg]40.02' W. long.;
    (30) 43[deg]16.15' N. lat., 124[deg]44.37' W. long.;
    (31) 43[deg]9.33' N. lat., 124[deg]45.35' W. long.;
    (32) 43[deg]8.85' N. lat., 124[deg]48.92' W. long.;
    (33) 43[deg]3.23' N. lat., 124[deg]52.41' W. long.;
    (34) 43[deg]0.25' N. lat., 124[deg]51.93' W. long.;
    (35) 42[deg]56.62' N. lat., 124[deg]53.93' W. long.;
    (36) 42[deg]54.84' N. lat., 124[deg]54.01' W. long.;
    (37) 42[deg]52.31' N. lat., 124[deg]50.76' W. long.;
    (38) 42[deg]47.78' N. lat., 124[deg]47.27' W. long.;
    (39) 42[deg]46.32' N. lat., 124[deg]43.59' W. long.;
    (40) 42[deg]41.63' N. lat., 124[deg]44.07' W. long.;
    (41) 42[deg]38.83' N. lat., 124[deg]42.77' W. long.;
    (42) 42[deg]35.37' N. lat., 124[deg]43.22' W. long.;
    (43) 42[deg]32.78' N. lat., 124[deg]44.68' W. long.;
    (44) 42[deg]32.19' N. lat., 124[deg]42.40' W. long.;
    (45) 42[deg]30.28' N. lat., 124[deg]44.30' W. long.;
    (46) 42[deg]28.16' N. lat., 124[deg]48.38' W. long.;
    (47) 42[deg]18.34' N. lat., 124[deg]38.77' W. long.;
    (48) 42[deg]13.65' N. lat., 124[deg]36.82' W. long.;
    (49) 42[deg]0.15' N. lat., 124[deg]35.81' W. long.;
    (50) 41[deg]47.79' N. lat., 124[deg]29.52' W. long.;
    (51) 41[deg]21.00' N. lat., 124[deg]29.00' W. long.;
    (52) 41[deg]11.00' N. lat., 124[deg]23.00' W. long.;
    (53) 41[deg]5.00' N. lat., 124[deg]23.00' W. long.;
    (54) 40[deg]54.00' N. lat., 124[deg]26.00' W. long.;
    (55) 40[deg]50.00' N. lat., 124[deg]26.00' W. long.;
    (56) 40[deg]44.51' N. lat., 124[deg]30.83' W. long.;
    (57) 40[deg]40.61' N. lat., 124[deg]32.06' W. long.;
    (58) 40[deg]37.36' N. lat., 124[deg]29.41' W. long.;
    (59) 40[deg]35.64' N. lat., 124[deg]30.47' W. long.;
    (60) 40[deg]37.43' N. lat., 124[deg]37.10' W. long.;
    (61) 40[deg]36.00' N. lat., 124[deg]40.00' W. long.;
    (62) 40[deg]31.59' N. lat., 124[deg]40.72' W. long.;
    (63) 40[deg]24.64' N. lat., 124[deg]35.62' W. long.;
    (64) 40[deg]23.00' N. lat., 124[deg]32.00' W. long.;
    (65) 40[deg]23.39' N. lat., 124[deg]28.70' W. long.;
    (66) 40[deg]22.28' N. lat., 124[deg]25.25' W. long.;
    (67) 40[deg]21.90' N. lat., 124[deg]25.17' W. long.;
    (68) 40[deg]22.00' N. lat., 124[deg]28.00' W. long.;
    (69) 40[deg]21.35' N. lat., 124[deg]29.53' W. long.;
    (70) 40[deg]19.75' N. lat., 124[deg]28.98' W. long.;
    (71) 40[deg]18.15' N. lat., 124[deg]27.01' W. long.;
    (72) 40[deg]17.45' N. lat., 124[deg]25.49' W. long.;
    (73) 40[deg]18.00' N. lat., 124[deg]24.00' W. long.;
    (74) 40[deg]16.00' N. lat., 124[deg]26.00' W. long.;
    (75) 40[deg]17.00' N. lat., 124[deg]35.00' W. long.;
    (76) 40[deg]16.00' N. lat., 124[deg]36.00' W. long.;
    (77) 40[deg]10.07' N. lat., 124[deg]22.90' W. long.;
    (78) 40[deg]7.00' N. lat., 124[deg]19.00' W. long.;
    (79) 40[deg]8.10' N. lat., 124[deg]16.70' W. long.;
    (80) 40[deg]5.90' N. lat., 124[deg]17.77' W. long.;
    (81) 40[deg]1.46' N. lat., 124[deg]12.85' W. long.;
    (82) 40[deg]4.32' N. lat., 124[deg]10.33' W. long.;
    (83) 40[deg]3.21' N. lat., 124[deg]8.83' W. long.;
    (84) 40[deg]1.33' N. lat., 124[deg]8.70' W. long.;
    (85) 39[deg]58.51' N. lat., 124[deg]12.44' W. long.; and
    (86) 38[deg]00.00' N. lat., 124[deg]7.49' W. long.
    (20) Rockfish categories. Rockfish (except thornyheads) are divided 
into categories north and south of 40[deg]10' N. lat., depending on the 
depth where they most often are caught: nearshore, shelf, or slope 
(scientific names appear in Table 2). Nearshore rockfish are further 
divided into shallow nearshore and deeper nearshore categories south of 
40[deg]10' N. lat. Trip limits are established for ``minor rockfish'' 
species according to these categories (see Tables 2-5).
    (a) Nearshore rockfish consists entirely of the minor nearshore 
rockfish species listed in Table 2, which includes California 
scorpionfish.
    (i) Shallow nearshore rockfish consists of black-and-yellow 
rockfish, China rockfish, gopher rockfish, grass rockfish, and kelp 
rockfish.
    (ii) Deeper nearshore rockfish consists of black rockfish, blue 
rockfish, brown rockfish, calico rockfish, copper rockfish, olive 
rockfish, quillback rockfish, and treefish.
    (iii) California scorpionfish.
    (b) Shelf rockfish consists of canary rockfish, shortbelly 
rockfish, widow rockfish, yelloweye rockfish, yellowtail rockfish, 
bocaccio, chilipepper, cowcod, and the minor shelf rockfish species 
listed in Table 2.
    (c) Slope rockfish consists of Pacific ocean perch, splitnose 
rockfish, darkblotched rockfish, and the minor slope rockfish species 
listed in Table 2.
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B. Limited Entry Fishery


    (1) General. Most species taken in limited entry fisheries will be 
managed with cumulative trip limits (see paragraph IV.A.(1)(d),) size 
limits (see paragraph IV.A.(6)), seasons (see paragraph IV.A. (7)), and 
areas that are closed to specific gear types. The trawl fishery has 
gear requirements and trip limits that differ by the type of trawl gear 
on board (see paragraph IV.A.(14)). Cowcod retention is prohibited in 
all fisheries and groundfish vessels operating south of Point 
Conception


[[Page 976]]


must adhere to CCA restrictions (see paragraph IV.A. (20)). Yelloweye 
rockfish retention is prohibited in the limited entry fixed gear 
fisheries. Most of the management measures for the limited entry 
fishery are listed above and in the following tables: Table 3 (North), 
Table 3 (South), Table 4 (North), and Table 4 (South).
    A header in Table 3 (North), Table 3 (South), Table 4 (North), and 
Table 5 (South) approximates the Rockfish Conservation Area (i.e., 
closed area) for vessels participating in the limited entry fishery. 
[Note: Between a line drawn due south from
    Point Fermin (33[deg]
42' 30'' N. lat.; 118[deg]
17' 30'' W. long.) 
and a line drawn due west from the Newport South Jetty (33[deg]
35' 
37'' N. lat.; 117[deg]
52' 50'' W. long.,) vessels fishing with hook-
and-line and/or trap (or pot) gear may operate from shore to a boundary 
line approximating 50 fm (91 m).]
    Management measures may be changed during the year by announcement 
in the Federal Register. However, the management regimes for several 
fisheries (nontrawl sablefish, Pacific whiting, and black rockfish) do 
not neatly fit into these tables and are addressed immediately 
following Table 3 (North), Table 3 (South), Table 4 (North), and Table 
4 (South).
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    (2) Sablefish. The limited entry sablefish allocation is further 
allocated 58 percent to trawl gear and 42 percent to nontrawl gear. See 
footnote e/ of Table 1a.
    (a) Trawl trip and size limits. Management measures for the limited 
entry trawl fishery for sablefish are listed in Table 3 (North) and 
Table 3 (South).
    (b) Nontrawl (fixed gear) trip and size limits. To take, retain, 
possess, or land sablefish during the primary season for the limited 
entry fixed gear sablefish fishery, the owner of a vessel must hold a 
limited entry permit for that vessel, affixed with both a gear 
endorsement for longline or trap (or pot) gear, and a sablefish 
endorsement. (See 50 CFR 660.323(a)(2)(i).) A sablefish endorsement is 
not required to participate in the limited entry daily trip limit 
fishery.
    (i) Primary season. The primary season begins at 12 noon l.t. on 
April 1, 2003, and ends at 12 noon l.t. on


[[Page 980]]


October 31, 2003. There are no pre-season or post-season closures. 
During the primary season, each vessel with at least one limited entry 
permit with a sablefish endorsement that is registered for use with 
that vessel may land up to the cumulative trip limit for each of the 
sablefish-endorsed limited entry permits registered for use with that 
vessel, for the tier(s) to which the permit(s) are assigned. For 2003, 
the following limits would be in effect: Tier 1, 53,000 lb (24,040 kg); 
Tier 2, 24,000 lb (10,886 kg); Tier 3, 14,000 lb (6,350 kg). All limits 
are in round weight. If a vessel is registered for use with a 
sablefish-endorsed limited entry permit, all sablefish taken after 
April 1, 2003 count against the cumulative limits associated with the 
permit(s) registered for use with that vessel.
    (ii) Daily trip limit. Daily and/or weekly sablefish trip limits 
listed in Table 4 (North) and Table 4 (South) apply to any limited 
entry fixed gear vessels not participating in the primary sablefish 
season described in paragraph (i) of this section. North of 36[deg]
N. 
lat., the daily and/or weekly trip limits apply to fixed gear vessels 
that are not registered for use with a sablefish-endorsed limited entry 
permit, and to fixed gear vessels that are registered for use with a 
sablefish-endorsed limited entry permit when those vessels are not 
fishing against their primary sablefish season cumulative limits. South 
of 36[deg]
N. lat., the daily and/or weekly trip limits for taking and 
retaining sablefish that are listed in Table 4 (South) apply throughout 
the year to all vessels registered for use with a limited entry fixed 
gear permit.
    (iii) Participating in both the primary and daily trip limit 
fisheries. A vessel that is eligible to participate in the primary 
sablefish season may participate in the daily trip limit fishery for 
sablefish once that vessel's primary season sablefish limit(s) have 
been taken or after October 31, 2003, whichever occurs first. No vessel 
may land sablefish against both its primary season cumulative sablefish 
limits and against the daily trip limit fishery limits within the same 
24 hour period of 0001 hour l.t. to 2400 hours l.t. If a vessel has 
taken all of its tier limit except for an amount that is smaller than 
the daily trip limit amount, that vessel's subsequent sablefish 
landings are automatically subject to daily and/or weekly trip limits.
    (3) Whiting. Additional regulations that apply to the whiting 
fishery are found at 50 CFR 660.306 and at 50 CFR 660.323(a)(3) and 
(a)(4).
    (a) Allocations. The non-tribal allocations, based on percentages 
that are applied to the commercial OY of 121,200 mt in 2003 (see 50 CFR 
660.323 (a)(4)), are as follows:
    (i) Catcher/processor sector--41,288 mt (34 percent);
    (ii) Mothership sector--29,080 mt (24 percent);
    (iii) Shore-based sector--50,904 mt (42 percent). No more than 5 
percent (2,545 mt) of the shore-based whiting allocation may be taken 
before the shore-based fishery begins north of 42[deg]
N. lat. on June 
15, 2003.
    (iv) Tribal allocation--See paragraph V.
    (b) Seasons. The 2003 primary seasons for the whiting fishery start 
on the same dates as in 2002, 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.; April 15 south of 40[deg]30' N. 
lat.
    (c) Trip limits. (i) Before and after the regular season. The ``per 
trip'' limit for whiting before and after the regular season for the 
shore-based sector is announced in Table 3 (North) and Table 3 (South), 
as authorized at 50 CFR 660.323(a)(3) and (a)(4). This trip limit 
includes any whiting caught shoreward of 100 fathoms (183 m) in the 
Eureka area.
    (ii) Inside the Eureka 100 fm (183 m) 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 area.
    (4) 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 ``per trip'' 
limits apply to limited entry and open access fisheries, in conjunction 
with the cumulative trip limits and other management measures listed in 
Tables 4 (North) and Table 5 (North) of section IV. The crossover 
provisions at paragraphs IV.A. (12) do not apply to the black rockfish 
per-trip limits.


C. Trip Limits in the Open Access Fishery


    (1) General. Open access gear is gear used to take and retain 
groundfish from a vessel that does not have a valid 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), setnet and trammel 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.), CA halibut or sea cucumbers). Unless 
otherwise specified, a vessel operating in the open access fishery is 
subject to, and must not exceed any trip limit, frequency limit, and/or 
size limit for the open access fishery. Groundfish species taken in 
open access fisheries will be managed with cumulative trip limits (see 
paragraph IV.A.(1)(d)), size limits (see paragraph IV.A.(6)), seasons 
(see paragraph IV.A.(7)), and closed areas. Cowcod retention is 
prohibited in all fisheries and groundfish vessels operating south of 
Point Conception must adhere to CCA restrictions (see paragraph 
IV.A.(19)). Retention of yelloweye rockfish and canary rockfish and, 
south of 40[deg]10' N. lat., bocaccio is prohibited in all open access 
fisheries. The trip limits, size limits, seasons, and other management 
measures for open access groundfish gear, including exempted trawl 
gear, are listed in Table 5 (North) and Table 5 (South). A header in 
Table 5 (North) and Table 5 (South) approximates the RCA (i.e., closed 
area) for vessels participating in the open access fishery. [Note: 
Between a line drawn due south from Point Fermin (33 42'30'' N. lat.; 
118 17'30'' W. long.) and a line drawn due west from the Newport South 
Jetty (33 35'37'' N. lat.; 117 52'50'' W. long.,) vessels fishing with 
hook-and-line and/or trap (or pot) gear may operate from shore to a 
boundary line approximating 50 fm (91 m) in the months of July and 
August.]
For vessels participating in exempted trawl fisheries, the 
RCAs are the same as those for limited entry trawl gear. Exempted trawl 
gear RCAs are detailed in the exempted trawl gear sections at the 
bottom of Table 5 (North) and Table 5 (South). Retention of groundfish 
caught by exempted trawl gear is prohibited in the designated RCAs. The 
trip limit at 50 CFR 660.323(a)(1) for black rockfish caught with hook-
and-line gear also applies. (The black rockfish limit is repeated at 
paragraph IV.B.(4).)
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[[Page 983]]


    (2) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for spot and ridgeback prawns, California halibut, or sea 
cucumbers. [Note: The States of California and Washington will likely 
prohibit trawling for spot prawn beginning in 2003, while the State of 
Oregon will likely begin phasing out trawling for spot prawn in 2003.]
Trip limits and RCAs for groundfish retained in the spot and ridgeback 
prawn, California halibut, or sea cucumber fisheries are in Table 5 
(North) and Table 5 (South). (a) State law. The trip limits in Table 
5(North) and Table 5(South) are not intended to supersede any more 
restrictive State law relating to the retention of groundfish taken in 
shrimp or prawn pots or traps.
    (b) Participation in the California halibut fishery. 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 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA; 
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 may be taken, possessed or sold which measures less 
than 22 in (56 cm) in total length, unless it weighs 4 lbs (1.8144 kg) 
or more in the round, 3 and one-half lbs (1.587 kg) or more dressed 
with the head on, or 3 lbs (1.3608 kg) 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.''
    (c) Participation in the sea cucumber fishery. 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 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA; 
and
    (iii) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code, section 8405, which requires a permit 
issued by the State of California.
    (3) Groundfish taken with exempted trawl gear by vessels engaged in 
fishing for pink shrimp. Trip limits for groundfish retained in the 
pink shrimp fishery are in Table 5 (North) and Table 5 (South). 
Notwithstanding section IV.A.(11), a vessel that takes and retains pink 
shrimp and also takes and retains groundfish in either the limited 
entry or another open access fishery during the same applicable 
cumulative limit period that it takes and retains pink shrimp (which 
may be 1 month or 2 months, depending on the fishery and the time of 
year), may retain the larger of the two limits, but only if the 
limit(s) for each gear or fishery are not exceeded when operating in 
that fishery or with that gear. The limits are not additive; the vessel 
may not retain a separate trip limit for each fishery.


D. Recreational Fishery


    Federal recreational groundfish regulations are not intended to 
supersede any more restrictive State recreational groundfish 
regulations relating to federally-managed groundfish.
    (1) Washington. For each person engaged in recreational fishing 
seaward of Washington, the groundfish bag limit is 15 groundfish, 
including rockfish and lingcod, and is open year-round (except for 
lingcod). The following sublimits and closed areas apply:
    (a) Yelloweye Rockfish Conservation Area. The Yelloweye Rockfish 
Conservation Area, or YRCA, is an ``C-shaped'' area which is closed to 
recreational groundfish and halibut fishing. The coordinates for the 
YRCA are defined at 50 CFR 660.304(d).
    (b) Rockfish. In areas seaward of Washington that are open to 
recreational groundfish fishing, there is a 10 rockfish per day bag 
limit, of which no more than 1 may be canary rockfish. Taking and 
retaining yelloweye rockfish is prohibited.
    (c) Lingcod. Recreational fishing for lingcod is closed between 
January 1 and March 15, and between October 16 and December 31. In 
areas seaward of Washington that are open to recreational groundfish 
fishing and when the recreational season for lingcod is open (i.e., 
between March 16-October 15), there is a bag limit of 2 lingcod per 
day, which may be no smaller than 24 in (61 cm) total length.
    (2) Oregon. The bag limits for each person engaged in recreational 
fishing seaward of Oregon are 2 lingcod per day, which may be no 
smaller than 24 in (61 cm) total length; and 10 marine fish per day, 
which excludes salmon, tuna, surfperch, sanddab, lingcod, and baitfish, 
but which includes rockfish and other groundfish. The minimum size 
limit for cabezon retained in the recreational fishery is 15 in (38 
cm). Within the 10 marine fish bag limit, no more than 1 may be canary 
rockfish, no more than 1 may be yelloweye rockfish and when the all-
depth recreational fisheries for Pacific halibut (Hippoglossus 
stenolopis) are open, the first Pacific halibut taken of 32 in (81 cm) 
(or greater in length may be retained. During the all-depth 
recreational fisheries for Pacific halibut, vessels with halibut on 
board may not take, retain, possess or land yelloweye rockfish or 
canary rockfish.
    (3) California. Seaward of California (north and south of 
40[deg]10' N. lat.), California law provides that, in times and areas 
when the recreational fishery is open, there is a 20-fish bag limit for 
all species of finfish, within which no more than 10 fish of any one 
species may be taken or possessed by any one person. Retention of 
cowcod is prohibited in California's recreational fishery all year in 
all areas.
    (a) North of 40[deg]10' N. lat. North of 40[deg]10' N. lat. to the 
California/Oregon border, California's recreational groundfish fishery 
will generally conform with Oregon's recreational regulations (see 
IV.D.(2)). For each person engaged in recreational fishing seaward of 
California north of 40[deg]10' N. lat., the following seasons, bag 
limits, and size limits apply:
    (i) RCG Complex. The California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in State regulations (Section 1.91, 
Title 14, California Code of Regulations), includes all rockfish, kelp 
greenling, rock greenling, and cabezon. This category does not include 
California scorpionfish, also known as ``sculpin.''
    (A) Seasons. North of 40[deg]10' N. lat., recreational fishing for 
the RCG Complex is open from January 1 through December 31.
    (B) Bag limits, boat limits, hook limits. North of 40[deg]10' N. 
lat., the bag limit is 10 rockfish per day, of which no more than 2 may 
be bocaccio, 1 may be canary rockfish, and no more than 1 per day up to 
a maximum of two per boat may be yelloweye rockfish. The following 
daily bag limits also apply: no more than 10 cabezon per day and no 
more than 10 greenlings (kelp and/or rock greenlings) per day. Multi-
day limits are authorized by a valid permit issued by California and 
must not exceed the daily limit multiplied by the number of days in the 
fishing trip.
    (C) Size limits. The following size limits apply: cabezon may be no 
smaller than 15 in (38 cm) total length and kelp and rock greenling may 
be no smaller than 12 in (30 cm) total length.
    (D) Dressing/Filleting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be filleted at sea. Rockfish 
skin may not be removed when filleting or otherwise dressing rockfish 
taken in the recreational fishery. Brown-skinned


[[Page 984]]


rockfish fillets may be no smaller than 6.5 in (16.6 cm). ``Brown-
skinned'' rockfish include the following species: brown, calico, 
copper, gopher, kelp, olive, speckled, squarespot, and yellowtail.
    (ii) Lingcod.
    (A) Seasons. North of 40[deg]10' N. lat., recreational fishing for 
lingcod is open from January 1 through December 31.
    (B) Bag limits, boat limits, hook limits. North of 40[deg]10' N. 
lat., the bag limit is 2 lingcod per day. Multi-day limits are 
authorized by a valid permit issued by California and must not exceed 
the daily limit multiplied by the number of days in the fishing trip.
    (C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total 
length.
    (D) Dressing/Fileting. Lingcod filets may be no smaller than 16 in. 
(41 cm) in length .
    (b) South of 40[deg]10' N. lat. For each person engaged in 
recreational fishing seaward of California south of 40[deg]10' N. lat., 
the following seasons, bag limits, size limits and closed areas apply:
    (i) Closed Areas.
    (A) Cowcod Conservation Areas. Recreational fishing for all 
groundfish is prohibited within the CCAs, for coordinates described in 
Federal regulations at 50 CFR 660.304(c), except that fishing for 
sanddabs is permitted subject to the provisions in paragraph 
IV.D.(3)(iv) and that fishing for species managed under this section 
(not including cowcod, bocaccio, canary, and yelloweye rockfishes) are 
permitted in waters shoreward of the 20-fm (37-m) depth contour within 
the CCAs from July 1 through December 31, 2003, subject to the bag 
limits in this section.
    (B) South of 40[deg]10' N. lat., recreational fishing for all 
groundfish, including lingcod, is prohibited seaward of the 20-fm (37-
m) depth contour, except that recreational fishing for sanddabs is 
permitted seaward of the 20-fm (37-m) depth contour subject to the 
provisions in paragraph IV.D.(3)(iv).
    (ii) RCG Complex. The California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in State regulations (Section 1.91, 
Title 14, California Code of Regulations), includes all rockfish, kelp 
greenling, rock greenling, and cabezon. This category does not include 
California scorpionfish, also known as ``sculpin.''
    (A) Seasons. South of 40[deg]10' N. lat., recreational fishing for 
the RCG Complex is open from July 1 through December 31 (i.e., it's 
closed from January 1 through June 30). When recreational fishing for 
the RCG Complex is open, it is permitted only inside the 20-fm (37-m) 
depth contour, subject to the bag limits in paragraph (B) of this 
section.
    (B) Bag limits, boat limits, hook limits. South of 40[deg]10' N. 
lat., in times and areas when the recreational season for the RCG 
Complex is open, there is a limit of 2-hooks and one line when fishing 
for rockfish, and the bag limit is 10 RCG Complex fish per day, of 
which up to 10 may be rockfish, no more than 2 of which may be shallow 
nearshore rockfish. [Note: The shallow nearshore rockfish group off 
California are composed of kelp, grass, black-and-yellow, China, and 
gopher rockfishes.]
Also within the 10 RCG Complex fish per day limit, 
no more than 2 fish per day may be greenlings (kelp and/or rock 
greenlings) and no more than 3 fish per day may be cabezon. Lingcod, 
California scorpionfish and sanddabs taken in recreational fisheries 
off California do not count toward the 10 RCG Complex fish per day bag 
limit. Multi-day limits are authorized by a valid permit issued by 
California and must not exceed the daily limit multiplied by the number 
of days in the fishing trip.
    (C) Size limits. The following size limits apply: cabezon may be no 
smaller than 15 in (38 cm) and kelp and rock greenling may be no 
smaller than 12 in (30 cm).
    (B) Dressing/Filleting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be filleted at sea. Rockfish 
skin may not be removed when filleting or otherwise dressing rockfish 
taken in the recreational fishery. Brown-skinned rockfish filets may be 
no smaller than 6.5 in (16.6 cm). ``Brown-skinned'' rockfish include 
the following species: brown, calico, copper, gopher, kelp, olive, 
speckled, squarespot, and yellowtail.
    (iii) California scorpionfish. California scorpionfish only occur 
south of 40[deg]10' N. lat.
    (A) Seasons. South of 40[deg]10' N. lat., recreational fishing for 
California scorpionfish is closed from March 1 through June 30 (i.e., 
the California scorpionfish season is open during January-February and 
during July-December). When recreational fishing for California 
scorpionfish is open, it is permitted only inside the 20-fm (37-m) 
depth contour (except at Huntington Flats between a line drawn due 
south from Point Fermin (33 42'30'' N. lat.; 118 17'30'' W. long.) and 
a line drawn due west from the Newport South Jetty (33 35'37'' N. lat.; 
117 52'50'' W. long.,) recreational fishing for California scorpionfish 
may occur from shore to a boundary line approximating 50 fm (91 m) 
during July-August), subject to the bag limits in paragraph (B) of this 
section.
    (B) Bag limits, boat limits, hook limits. South of 40[deg]10' N. 
lat., in times and areas where the recreational season for California 
scorpionfish is open, and the bag limit is 5 California scorpionfish 
per day. California scorpionfish do not count against the 10 RCG 
Complex fish per day limit. Multi-day limits are authorized by a valid 
permit issued by California and must not exceed the daily limit 
multiplied by the number of days in the fishing trip.
    (C) Size limits. California scorpionfish may be no smaller than 10 
in (25 cm) total length.
    (D) Dressing/Filleting. California scorpionfish fillets may be no 
smaller than 5 in (12.8 cm).
    (iv) Lingcod. (A) Seasons. South of 40[deg]10' N. lat., 
recreational fishing for lingcod is open July 1 through December 31. 
When recreational fishing for lingcod is open in the south, it is 
permitted only inside the 20-fm (37-m) depth contour, subject to the 
bag limits in paragraph (B) of this section.
    (B) Bag limits, boat limits, hook limits. South of 40[deg]10' N. 
lat., in times and areas when the recreational season for lingcod is 
open, there is a limit of 2-hooks and one line when fishing for 
lingcod, and the bag limit is 2 lingcod per day. Lingcod do not count 
against the 10 RCG Complex fish per day limit. Multi-day limits are 
authorized by a valid permit issued by California and must not exceed 
the daily limit multiplied by the number of days in the fishing trip.
    (C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total 
length.
    (D) Dressing/Filleting. Lingcod fillets may be no smaller than 16 
in. (41 cm) in length.
    (iv) Sanddabs. South of 40[deg]10' N. lat., recreational fishing 
for sanddabs is permitted both shoreward and seaward of the 20 fm (37 
m) depth contour (i.e., recreational fishing for sanddabs is permitted 
in all areas south of 40[deg]10' N. lat.). Recreational fishing for 
sanddabs is permitted seaward of the 20- fm (37-m) depth contour 
subject to a limit of up to 12-hooks ``Number 2'' or smaller, which 
measure 11 mm (0.44 inches) point to shank, and up to 2 lb of weight 
per line. There is no bag limit, season, or size limit for sanddabs, 
however, it is prohibited to fillet sanddabs at sea.


V. Washington Coastal Tribal Fisheries


    In 1994, the United States formally recognized that the four 
Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and 
Quinault) have treaty rights to fish for groundfish in the Pacific 
Ocean, and concluded that, in


[[Page 985]]


general terms, the quantification of those rights is 50 percent of the 
harvestable surplus of groundfish that pass through the tribes' usual 
and accustomed ocean fishing areas (described at 60 CFR 660.324).
    A tribal allocation is subtracted from the species OY before 
limited entry and open access allocations are derived. The tribal 
fisheries for sablefish, black rockfish, and whiting are separate 
fisheries, and are not governed by the limited entry or open access 
regulations or allocations. The tribes regulate these fisheries so as 
not to exceed their allocations.
    The tribal allocation for black rockfish is the same in 2003 as in 
2002. Also similar to 2002, the tribal sablefish allocation is 10 
percent of the total catch OY (650 mt), less 3 percent for estimated 
discard mortality, or 631 mt.
    In 1999 through 2002, the tribal whiting allocation has been based 
on a methodology originally proposed by the Makah Tribe in 1998. The 
methodology is an abundance-based sliding scale that determines the 
tribal allocation based on the level of the overall U.S. OY, up to a 
maximum 17.5 percent tribal harvest ceiling at OY levels below 145,000 
mt. The tribes have proposed using the same methodology in 2003. In 
2003, applying the sliding scale methodology to a 148,200-mt overall OY 
results in a 25,000-mt tribal whiting allocation, which will be taken 
by the Makah Tribe. No other tribes have proposed to harvest whiting in 
2003.
    The sliding scale methodology used to determine the treaty Indian 
share of Pacific whiting is the subject of ongoing litigation. In 
United States v. Washington, Subproceeding 96-2, the Court held that 
the methodology is consistent with the Magnuson-Stevens Act, and is the 
best available scientific method to determine the appropriate 
allocation of whiting to the tribes. United States v. Washington, 143 
F.Supp.2d 1218 (W.D. Wash. 2001). This ruling was reaffirmed in July 
2002. Midwater Trawlers Cooperative v. Daley, C96-1808R (W.D. Wash.) 
(Order Granting Defendants' Motion to Supplement Record, July 17, 
2002). Additional briefing will occur in this case. However, at this 
time NMFS remains under a Court Order in Subproceeding 96-2 to continue 
use of the methodology unless the Secretary finds just cause for its 
alteration or abandonment, the parties agree to a permissible 
alternative, or further order issues from the Court. Therefore NMFS is 
obliged to continue to use the methodology unless one of the events 
identified by the Court occurs. Since NMFS finds no reason to change 
the methodology, it has been used to determine the 2003 tribal 
allocation.
    For some species on which the tribes have a modest harvest, no 
specific allocation has been determined. Rather than try to reserve 
specific allocations for the tribes, NMFS is establishing trip limits 
recommended by the tribes and the Council to accommodate modest tribal 
fisheries. For lingcod, all tribal fisheries are restricted to 300 lb 
(136 kg) per day and 900 lb (408 kg) per week cumulative limits. Tribal 
fisheries are expected to take about 5.2 mt of lingcod in 2003. For 
rockfish species, the 2003 tribal longline and trawl fisheries will 
operate under trip and cumulative limits. Tribal fisheries will operate 
under a 300-lb (136-kg) per trip limit each for canary rockfish, 
thornyheads, and the minor rockfish species groups (nearshore, shelf, 
and slope), and under a 100-lb (45-kg) trip limit for yelloweye 
rockfish. A 300-lb (136 kg) canary rockfish trip limit is expected to 
result in landings of 2.3 mt in 2003. A 300-lb (136-kg) thornyheads 
trip limit is expected to result in landings of 2.7 mt in 2003. Other 
rockfish limits are expected to result in the following landings 
levels: widow rockfish, 45 mt; yelloweye rockfish, 3.1 mt; yellowtail 
rockfish, 400 mt; minor nearshore rockfish, 2 mt; minor shelf rockfish 
excluding yelloweye, 4.5 mt; minor slope rockfish, 4 mt. Trace amounts 
(1 mt) of POP and darkblotched rockfish may also be landed in tribal 
commercial fisheries.
    The Assistant Administrator (AA) announces the following tribal 
allocations for 2003, including those that are the same as in 2002. 
Trip limits for certain species were recommended by the tribes and the 
Council and are specified here with the tribal allocations.
    A. Sablefish
    The tribal allocation is 631 mt, 10 percent of the total catch OY, 
less 3 percent estimated discard mortality.


B. Rockfish


    (1) For the commercial harvest of black rockfish off Washington 
State, a harvest guideline of: 20,000 lb (9,072 kg) north of Cape 
Alava, WA (48[deg]09'30'' N. lat.) and 10,000 lb (4,536 kg) between 
Destruction Island, WA (47[deg]40'00'' N. lat.) and Leadbetter Point, 
WA (46[deg]38'10'' N. lat.).
    (2) Thornyheads are subject to a 300-lb (136-kg) trip limit.
    (3) Canary rockfish are subject to a 300-lb (136-kg) trip limit.
    (4) Yelloweye rockfish are subject to a 100-lb (45-kg) trip limit.
    (5) Yellowtail rockfish taken in the tribal mid-water trawl 
fisheries are subject to a cumulative limit of 30,000 lb (13,608 kg) 
per 2-month period. Landings of widow rockfish must not exceed 10 
percent of the weight of yellowtail rockfish landed in any two-month 
period. These limits may be adjusted by an individual tribe inseason to 
minimize the incidental catch of canary rockfish and widow rockfish.
    (6) Other rockfish, including minor nearshore, minor shelf, and 
minor slope rockfish groups are subject to a 300-lb (136-kg) trip limit 
per species or species group, or to the non-tribal limited entry trip 
limit for those species if those limits are less restrictive than 300 
lb (136 kg) per trip.
    (7) Rockfish taken during open competition tribal commercial 
fisheries for Pacific halibut will not be subject to trip limits.


C. Lingcod


    Lingcod are subject to a 300-lb (136-kg) daily trip limit and a 
900-lb (408-kg) weekly limit.


D. Pacific whiting


    The tribal allocation is 25,000 mt.


Classification


    These proposed specifications and management measures for 2003 are 
issued under the authority of, and are in accordance with, the 
Magnuson-Stevens Act, the FMP, and 50 CFR parts 600 and 660 subpart G 
(the regulations implementing the FMP).
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    Pursuant to Executive Order 13175, this rule was developed after 
meaningful consultation and collaboration with tribal officials from 
the area covered by the FMP. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. In 
addition, regulations implementing the FMP establish a procedure by 
which the tribes with treaty fishing rights in the area covered by the 
FMP request new allocations or regulations specific to the tribes, in 
writing, before the first of the two fall groundfish meetings of the 
Council. The regulation at 50 CFR 660.324(d) further states ``the 
Secretary will develop tribal allocations and regulations under this 
paragraph in consultation with the affected tribe(s) and, insofar as 
possible, with tribal consensus.'' The tribal management measures in 
this proposed rule have been developed following these procedures. The 
tribal representative on


[[Page 986]]


the Council made a motion to adopt the tribal management measures, 
which was passed by the Council, and those management measures, which 
were developed and proposed by the tribes, are included in this 
proposed rule.
    The Council prepared an initial regulatory flexibility analysis 
that describes the impact this proposed rule, if adopted, would have on 
small entities.
    NMFS is proposing the 2003 annual specifications and management 
measures to allow West Coast commercial and recreational fisheries 
participants to fish the harvestable surplus of more abundant 
groundfish stocks, while also ensuring that those fisheries do not 
exceed the allowable catch levels intended to protect overfished and 
depleted stocks. The form of the specifications, in ABCs and OYS, 
follows the guidance of the Magnuson-Stevens Act, the National Standard 
Guidelines, and the FMP for protecting and conserving fish stocks. 
Annual management measures include trip and bag limits, size limits, 
time/area closures, gear restrictions, and other measures intended to 
allow year-round West Coast groundfish landings without compromising 
overfished species rebuilding measures.
    Approximately 2,000 vessels participate in the West Coast 
groundfish fisheries. Of those, about 500 vessels are registered to 
limited entry permits issued for either trawl, longline, or pot gear. 
About 1,500 vessels land groundfish against open access limits while 
either directly targeting groundfish or taking groundfish incidentally 
in fisheries directed at non-groundfish species. All but 10-20 of those 
vessels are considered small businesses by the Small Business 
Administration. There are also about 450 groundfish buyers on the West 
Coast, approximately 5 percent of which are responsible for about 80 
percent of West Coast groundfish purchases. In the 2001 recreational 
fisheries, there were 106 Washington charter vessels engaged in salt 
water fishing outside of Puget Sound, 232 charter vessels active on the 
Oregon coast and 415 charter vessels active on the California coast.
    The Council considered five alternative specifications and 
management measures regimes for 2003: the no action alternative, which 
would have implemented the 2002 regime for 2003; the low OY 
alternative, which set harvest levels so that overfished stocks would 
have an 80 percent probability of rebuilding within T_max; 
the high OY alternative, which set harvest levels so that overfished 
stocks would have a 50 percent probability of rebuilding within 
T_max; the Allocation Committee alternative, which set 
harvest levels intermediate to those of the low and high alternatives, 
but includes management through depth-based closures, and; the Council 
OY alternatives (preferred alternative) which was the same as the 
Allocation Committee alternative, except that it included a higher 
sablefish harvest north of Point Conception, CA and more restrictive 
recreational fishery management measures south of Cape Mendocino, CA. 
Each of these alternatives included both harvest levels 
(specifications) and management measures needed to achieve those 
harvest levels, with the most restrictive management measures 
corresponding to the lowest OYs.
    Each of the alternatives analyzed by the Council was expected to 
have different overall effects on the economy. Among other factors, the 
draft EIS for this action reviewed alternatives other than the no 
action alternative for expected declines in revenue and income from 
2001 levels. Declines were not measured from 2002 levels because 
complete data from 2002 is not yet available. The low OY alternative 
was expected to reduce commercial exvessel revenue by $60 million in 
2003, reduce overall commercial harvest income by $274 million, and 
reduce recreational fishery income (mainly charter businesses) by $150 
million. The high OY alternative was expected to reduce commercial 
exvessel revenue by $6 million in 2003, reduce overall commercial 
harvest income by $16 million, and reduce recreational fishery income 
by $1.3 million. The economic effects of the Allocation Committee 
alternative were analyzed both for management with depth-based 
regulatory measures and without those measures. The Allocation 
Committee alternative without depth-based regulatory measures was 
expected to reduce commercial exvessel revenue by $21 million in 2003, 
reduce overall commercial harvest income by $53 million, and reduce 
recreational fishery income by $1.3 million. The Allocation Committee 
alternative with depth-based regulatory measures was expected to reduce 
commercial exvessel revenue by $15 million in 2003, reduce overall 
commercial harvest income by $40 million, and reduce recreational 
fishery income by $1.3 million. The Council's preferred alternative, 
which includes depth-based regulatory measures and a recreational 
fishery management regime designed to more strictly constrain harvest 
of overfished species, was expected to reduce commercial exvessel 
revenue by $13 million in 2003, reduce overall commercial harvest 
income by $35 million, and reduce recreational fishery income by $26 
million. The Council's preferred alternative meets the conservation 
requirements of the Magnuson-Stevens Act, while reducing to the extent 
possible the adverse economic impacts of these conservation measures on 
the fishing industries and associated communities.
    Depth based management is particularly expected to both protect 
overfished species from harvest in areas where they commonly occur and 
allow fisheries greater access to more abundant stocks outside of the 
closed areas. Without depth-based management, harvest of abundant 
stocks would have been more severely restricted because there would 
have been no measures to prevent vessels from operating in areas where 
abundant and overfished stocks cooccur.
    Recreational fisheries management measures in 2001 and 2002 were 
not adequately conservative and those fisheries exceeded their 
overfished species retention levels in both years. Thus, the 
recreational fisheries are more severely restricted under the preferred 
alternative than under the high OY alternative or under either of the 
Allocation Committee alternatives. While the preferred alternative is 
expected to result in greater income declines for businesses associated 
with recreational fishing, those declines reflect conservation measures 
expected to better protect overfished species. Estimates of declines in 
revenues and income in this section are from the draft EIS for this 
action and may change with the completion of the final EIS.
    Revenues for many groundfish fishery participants under the 
preferred alternative are expected to decline in 2003. These declines 
are mainly attributable to more restrictive management measures 
intended to protect overfished species. It is difficult to estimate 
exactly how this overall decline in landings and revenue will affect 
individual members of the groundfish fleet. However, the overall 
decline is significant enough to suggest that small businesses with a 
substantial portion of their incomes dependent on groundfish will be 
negatively affected by implementation of the 2003 proposed harvest 
levels. Overall, commercial vessels that target groundfish are expected 
to have a 21 percent decline in groundfish-related ex-vessel revenue 
and a 5 percent decline in total ex-vessel fishing revenue. The 
cumulative effect of 2003 management on the personal incomes of fishery 
participants is expected to be a $35 million decline.


[[Page 987]]


 Vessels and groundfish buyers that rely heavily on groundfish for 
their annual income, as opposed to other West Coast fish species, will 
be more affected by the 2003 management regime than those with more 
diversified catch and harvest assemblages.
    Most of the significant catch and effort reductions in the 
recreational fleet would occur off California south of 40[deg]10' N. 
lat. Little change in overall recreational effort is expected in 
Washington or Oregon. For the West Coast recreational fleet, personal 
income is expected to decline by 10 percent overall, with a cumulative 
effect of a $26 million decline. These personal income values are a 
measure of the contribution of recreational fishing to businesses and 
local communities. Reduction in effort in California is expected to 
result in a reduction in revenue for businesses that cater to 
recreational fishers. Gross receipts for recreational groundfish 
activities will likely decline in proportion with the decline in number 
of angler trips, however, net profits may decline more given that 
certain costs will be fixed on an annual and per trip basis. Revenue 
declines from groundfish may be offset to the degree that charter 
vessels operate in other fisheries.
    This rule does not propose any new reporting and recordkeeping 
requirements. Other regulations affecting the West Coast groundfish 
fisheries are primarily found at 50 CFR 660.301-360. A copy of this 
analysis is available from the Council (see ADDRESSES).
    NMFS issued Biological Opinions (BOs) under the Endangered Species 
Act on August 10, 1990, November 26, 1991, August 28, 1992, September 
27, 1993, May 14, 1996, and December 15, 1999, pertaining to the 
effects of the groundfish fishery on chinook salmon (Puget Sound, Snake 
River spring/summer, Snake River fall, upper Columbia River spring, 
lower Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley, California coastal), coho salmon (Central California 
coastal, southern Oregon/northern California coastal, Oregon coastal), 
chum salmon (Hood Canal, Columbia River), sockeye salmon (Snake River, 
Ozette Lake), and steelhead (upper, middle and lower Columbia River, 
Snake River Basin, upper Willamette River, central California coast, 
California Central Valley, south-central California, northern 
California, and southern California). During the 2000 Pacific whiting 
season, the whiting fisheries exceeded the chinook bycatch amount 
specified in the Pacific whiting fishery's Biological Opinion'e;s 
(whiting BO) (December 19, 1999) incidental catch statement estimate of 
11,000 fish, by approximately 500 fish. In the 2001 whiting season, 
however, the whiting fishery's chinook bycatch was about 7,000 fish, 
which approximates the long-term average. After reviewing data from, 
and management of, the 2000 and 2001 whiting fisheries (including 
industry bycatch minimization measures), the status of the affected 
listed chinook, environmental baseline information, and the incidental 
catch statement from the 1999 whiting BO, NMFS determined in a letter 
dated April 25, 2002, that a re-initiation of the 1999 whiting BO was 
not required. NMFS has concluded that implementation of the FMP for the 
Pacific Coast groundfish fishery is not expected to jeopardize the 
continued existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat. This action is within the scope of 
these consultations.


List of Subjects in 50 CFR Part 660


    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.


    Dated: December 20, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.


    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:


PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC


    l. The authority citation for part 660 continues to read as 
follows:


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


    2. In Sec.  660.302, the definition for ``Open access fishery'' is 
revised to read as follows:




Sec.  660.302  Definitions.


* * * * *
    Open access fishery means the fishery composed of vessels using 
open access gear fished pursuant to the harvest guidelines, quotas, and 
other management measures governing the open access fishery. Any 
commercial fishing vessels that does not have a limited entry permit 
and which lands groundfish in any commercial fishery is a participant 
in the open access fishery.
* * * * *


    3. In Sec.  660.304, the section heading and entire section are 
revised to read as follows:




Sec.  660.304  Management areas, including conservation areas, and 
commonly used geographic coordinates.


    (a) Management areas--(1) Vancouver. (i) The northeastern boundary 
is that part of a line connecting the light on Tatoosh Island, WA, with 
the light on Bonilla Point on Vancouver Island, British Columbia (at 48 
deg.35'75'' N. lat., 124 deg.43'00'' W. long.) south of the 
International Boundary between the U.S. and Canada (at 48 
deg.29'37.19'' N. lat., 124 deg.43'33.19'' W. long.), and north of the 
point where that line intersects with the boundary of the U.S. 
territorial sea.
    (ii) The northern and northwestern boundary is a line connecting 
the following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 
[numsign]18480 and [numsign]18007:


----------------------------------------------------------------------------------------------------------------
                             Point                                      N. lat.                  W. long.
----------------------------------------------------------------------------------------------------------------
1.............................................................        48 deg.29'37.19''       124 deg.43'33.19''
2.............................................................           48 deg.30'11''          124 deg.47'13''
3.............................................................           48 deg.30'22''          124 deg.50'21''
4.............................................................           48 deg.30'14''          124 deg.54'52''
5.............................................................           48 deg.29'57''          124 deg.59'14''
6.............................................................           48 deg.29'44''          125 deg.00'06''
7.............................................................           48 deg.28'09''          125 deg.05'47''
8.............................................................           48 deg.27'10''          125 deg.08'25''
9.............................................................           48 deg.26'47''          125 deg.09'12''
10............................................................           48 deg.20'16''          125 deg.22'48''


[[Page 988]]




11............................................................           48 deg.18'22''          125 deg.29'58''
12............................................................           48 deg.11'05''          125 deg.53'48''
13............................................................           47 deg.49'15''          126 deg.40'57''
14............................................................           47 deg.36'47''          127 deg.41'23''
15............................................................           47 deg.22'00''          127 deg.41'23''
16............................................................           46 deg.42'05''          128 deg.51'56''
17............................................................           46 deg.31'47''          129 deg.07'39''
----------------------------------------------------------------------------------------------------------------


    (iii) The southern limit is 47 deg.30' N. lat.
    (2) Columbia. (i) The northern limit is 47 deg.30' N. lat.
    (ii) The southern limit is 43 deg.00' N. lat.
    (3) Eureka. (i) The northern limit is 43 deg.00' N. lat.
    (ii) The southern limit is 40 deg.30' N. lat.
    (4) Monterey. (i) The northern limit is 40 deg.30' N. lat.
    (ii) The southern limit is 36 deg.00' N. lat.
    (5) Conception. (i) The northern limit is 36 deg.00' N. lat.
    (ii) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:


----------------------------------------------------------------------------------------------------------------
                             Point                                      N. lat.                  W. long.
----------------------------------------------------------------------------------------------------------------
1.............................................................           32 deg.35'22''          117 deg.27'49''
2.............................................................           32 deg.37'37''          117 deg.49'31''
3.............................................................           31 deg.07'58''          118 deg.36'18''
4.............................................................           30 deg.32'31''          121 deg.51'58''
----------------------------------------------------------------------------------------------------------------


    (b) Commonly used geographic coordinates--
    (1) Cape Falcon, OR--45[deg]46' N. lat.
    (2) Cape Lookout, OR--45[deg]20'15'' N. lat.
    (3) Cape Blanco, OR--42[deg]50' N. lat.
    (4) Cape Mendocino, CA--40[deg]30' N. lat.
    (5) North/South management line--40[deg]10' N. lat.
    (6) Point Arena, CA--38[deg]57'30'' N. lat.
    (7) Point Conception, CA--34[deg]27' N. lat.
    (c) Cowcod Conservation Areas (CCAs). (1) The Western CCA is an 
area south of Point Conception that is bound by straight lines 
connecting all of the following points in the order listed:
    33[deg]50' N. lat., 119[deg]30' W. long.;
    33[deg]50' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]30' W. long.;
    and connecting back to 33[deg]50' N. lat., 119[deg]30' W. long.
    (2) The Eastern CCA is a smaller area west of San Diego that is 
bound by straight lines connecting all of the following points in the 
order listed:
    32[deg]42' N. lat., 118[deg]02' W. long.;
    32[deg]42' N. lat., 117[deg]50' W. long.;
    32[deg]36'42'' N. lat., 117[deg]50' W. long.;
    32[deg]30' N. lat., 117[deg]53'30'' W. long.;
    32[deg]30' N. lat., 118[deg]02' W. long.;
    and connecting back to 32[deg]42' N. lat., 118[deg]02' W. long.
    (d) Yelloweye Rockfish Conservation Area (YRCA). The YRCA is an C-
shaped area off the northern Washington coast that is bound by straight 
lines connecting all of the following points in the order listed:
    48[deg]18' N. lat.; 125[deg]18' W. long.;
    48[deg]18' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 125[deg]11' W. long.;
    48[deg]11' N. lat.; 124[deg]59' W. long.;
    48[deg]04' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 125[deg]18' W. long.;
    48[deg]00' N. lat.; 124[deg]59' W. long.;
    and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
    (e) International boundaries. (1) Any person fishing subject to 
this subpart is bound by the international boundaries described in this 
section, notwithstanding any dispute or negotiation between the United 
States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are established or 
recognized by the United States.
    (2) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the States of Washington, 
Oregon, and California (the ``3-mile limit'').
    (3) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nm from the 
baseline from which the territorial sea is measured, or is a 
provisional or permanent international boundary between the United 
States and Canada or Mexico.


    4. In Sec.  660.322, paragraphs (b)(5) and (b)(6) are revised to 
read as follows:




Sec.  660.322  Gear restrictions.


* * * * *
    (b) Trawl gear. * * *
    (5) Large and small footrope trawl gear. Large footrope trawl gear 
is bottom trawl gear, as specified at Sec.  660.302, with a footrope 
diameter larger than 8 inches (20 cm) (including rollers, bobbins or 
other material encircling or tied along the length of the footrope). 
Small footrope trawl gear is bottom trawl gear, as specified at Sec.  
660.302 and 660.322(b), with a footrope diameter 8 inches (20 cm) or 
smaller (including rollers, bobbins or other material encircling or 
tied along the length of the footrope). Chafing gear may be used only 
on the last 50 meshes of a small footrope trawl, measured from the 
terminal (closed) end of the codend. Other lines or ropes that run 
parallel to the footrope may not be augmented or modified to violate 
footrope size restrictions. For enforcement purposes, the footrope will 
be measured in a straight line from the outside edge to the opposite 
outside edge at the widest part on any individual part, including any 
individual disk, roller, bobbin, or any other device.
    (6) Pelagic or ``midwater'' trawls. Pelagic trawl nets must have 
unprotected footropes at the trawl mouth, and must not have rollers, 
bobbins, tires, wheels, rubber discs, or any similar device anywhere in 
the net. The footrope of pelagic gear may not be enlarged by encircling 
it with chains or by any other means. Ropes or lines running parallel 
to the footrope of pelagic trawl gear must be bare and may not be 
suspended with chains or any other materials. Sweeplines, including the 
bottom leg of the bridle, must be


[[Page 989]]


bare. For at least 20 ft (6.15 m) immediately behind the footrope or 
headrope, bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size 
must completely encircle the net. A band of mesh (a ``skirt'') may 
encircle the net under transfer cables, lifting or splitting straps 
(chokers), but must be: Over riblines and restraining straps; the same 
mesh size and coincide knot-to-knot with the net to which it is 
attached; and no wider than 16 meshes.
* * * * *


    5. In Sec.  660.323, paragraph (b) is revised to read as follows:




Sec.  660.323  Catch restrictions.


* * * * *
    (b) Routine management measures. In addition to the catch 
restrictions in this section, other catch restrictions that are likely 
to be adjusted on an annual or more frequent basis may be imposed and 
announced by a single notification in the Federal Register if they have 
been designated as routine through the two-meeting process described in 
PCGFMP. The following catch restrictions have been designated as 
routine:
    (1) Commercial limited entry and open access fisheries --(i) Trip 
landing and frequency limits, size limits, all gear. Trip landing and 
frequency limits have been designated as routine for the following 
species or species groups: widow rockfish, canary rockfish, yellowtail 
rockfish, Pacific ocean perch, yelloweye rockfish, splitnose rockfish, 
bocaccio, cowcod, minor nearshore rockfish or shallow and deeper minor 
nearshore rockfish, shelf or minor shelf rockfish, and minor slope 
rockfish; Dover sole, sablefish, shortspine thornyheads, longspine 
thornyheads, and the ``DTS complex,'' which is composed of those 
species; petrale sole, rex sole, arrowtooth flounder, Pacific sanddabs, 
and the flatfish complex, which is composed of those species plus any 
other flatfish species listed at Sec.  660.302; Pacific whiting; 
lingcod; and ``other fish'' as a complex consisting of all groundfish 
species listed at Sec.  660.302 and not otherwise listed as a distinct 
species or species group. Size limits have been designated as routine 
for sablefish and lingcod. Trip landing and frequency limits and size 
limits for species with those limits designated as routine may be 
imposed or adjusted on an annual or more frequent basis for the purpose 
of keeping landings within the harvest levels announced by NMFS, and 
for the other purposes given in paragraph (b)(1)(i)(A) and (B) of this 
section.
    (A) Trip landing and frequency limits. To extend the fishing 
season; to minimize disruption of traditional fishing and marketing 
patterns; to reduce discards; to discourage target fishing while 
allowing small incidental catches to be landed; to protect overfished 
species; to allow small fisheries to operate outside the normal season; 
and, for the open access fishery only, to maintain landings at the 
historical proportions during the 1984-88 window period.
    (B) Size limits. To protect juvenile fish; to extend the fishing 
season.
    (ii) Differential trip landing and frequency limits based on gear 
type, closed seasons. Trip landing and frequency limits that differ by 
gear type and closed seasons may be imposed or adjusted on an annual or 
more frequent basis for the purpose of rebuilding and protecting 
overfished or depleted stocks.
    (2) Recreational fisheries all gear types. Routine management 
measures for all groundfish species, separately or in any combination, 
include bag limits, size limits, time/area closures, boat limits, hook 
limits, and dressing requirements. All routine management measures on 
recreational fisheries are intended to keep landings within the harvest 
levels announced by NMFS, to rebuild and protect overfished or depleted 
species, and to maintain consistency with State regulations, and for 
the other purposes set forth in this section.
    (i) Bag limits. To spread the available catch over a large number 
of anglers; to protect and rebuild overfished species; to avoid waste.
    (ii) Size limits. To protect juvenile fish; to protect and rebuild 
overfished species; to enhance the quality of the recreational fishing 
experience.
    (iii) Season duration restrictions. To spread the available catch 
over a large number of anglers; to protect and rebuild overfished 
species; to avoid waste; to enhance the quality of the recreational 
fishing experience.
    (3) All fisheries, all gear types depth-based management measures. 
Depth-based management measures, particularly the setting of closed 
areas known as Groundfish Conservation Areas may be imposed on any 
sector of the groundfish fleet using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints. Depth-
based management measures and the setting of closed areas may be used 
to protect and rebuild overfished stocks.
* * * * *
[FR Doc. 02-32756 Filed 12-31-02; 1:23 pm]

BILLING CODE 3510-22-S
Notices For
2009
2008
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2003
2002
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1994
Magnuson-Stevens Act Provisions; Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures

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