[Federal Register Volume 69, Number 96 (Tuesday, May 18, 2004)]
[Rules and Regulations]
[Pages 28086-28092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 031216314-3314-01; I.D. 050704A]
RIN 0648-AR54


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures; Inseason Adjustments

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

ACTION: Inseason adjustments to management measures and request for 
comments.

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SUMMARY: NMFS announces inseason adjustments to the Pacific Coast 
limited entry trawl groundfish fishery. These actions, which are 
authorized by the Pacific Coast Groundfish Fishery Management Plan 
(FMP), will allow fisheries access to more abundant groundfish stocks 
while protecting overfished and depleted stocks.

DATES: Changes to management measures are effective May 12, 2004, until 
the 2005-2006 specifications and management measures are effective, 
unless modified, superseded, or rescinded through a publication in the 
Federal Register. Comments on this rule will be accepted through June 
11, 2004.

ADDRESSES: You may submit comments, identified by [docket number and/or 
RIN number], by any of the following methods:
     E-mail: GroundfishInseason[numsign][email protected]. Include 
[docket number and/or RIN number] in the subject line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 206-526-6736
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or Rod McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd, 
Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen (Northwest Region, 
NMFS), phone: 206-526-6144; fax: 206-526-6736; and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's website at: www.gpoaccess.gov/fr/index.html.
    Background information and documents are available at the NMFS 
Northwest Region website at: www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and 
at the Pacific Fishery Management Council's website at: 
www.pcouncil.org.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at 50 CFR part 660, subpart G, regulate fishing for over 80 species of 
groundfish off the coasts of Washington, Oregon, and California. 
Groundfish specifications and management measures are developed by the 
Pacific Fishery Management Council (Pacific Council), and are 
implemented by NMFS. The specifications and management measures for the 
2004 fishing year (January 1-December 31, 2004) were initially 
published in the Federal Register as an emergency rule for January 1-
February 29, 2004 (69 FR 1322, January 8, 2004) and as a proposed rule 
for March 1-December 31, 2004 (69 FR 1380, January 8, 2004). The 
emergency rule was amended at 69 FR 4084, January 28, 2004. The final 
rule for March 1-December 31, 2004 was published in the Federal 
Register on March 9, 2004 (69 FR 11064) and amended at 69 FR 23440, 
April 29, 2004 and at 69 FR 25013, May 5, 2004.
    The Pacific Council, in consultation with Pacific Coast Treaty 
Tribes and the States of Washington, Oregon, and California, at its 
April 4-9, 2004, meeting in Sacramento, CA recommended a number of 
changes to groundfish management measures. Most of these were 
implemented through an inseason adjustment published in the Federal 
Register at 69 FR 25013, May 5, 2004. However, the trawl trip limit 
adjustments for slope species contained in this document were 
mistakenly omitted from the May 5, 2004, Federal Register document. 
Therefore, NMFS is now implementing these remaining inseason 
adjustments.
    The limited entry trawl cumulative trip limit increases for DTS 
(Dover sole, thornyheads, sablefish) and ``other flatfish'' species are 
in response to several factors influencing projected catch of 
groundfish during 2004. These factors include (1) an updated trawl 
bycatch model, (2) projected catch in the limited entry trawl fishery 
based on new observer data, and (3) a reduction in limited entry trawl 
fleet effort due to the limited entry trawl permit and vessel buyback 
program. Pacific Coast groundfish landings will be monitored throughout 
the year, and further adjustments to trip limits or management measures 
will be made as necessary to allow achievement of or avoid exceeding 
the 2004 optimum yields (OYs).

Limited Entry Trawl Fishery

    The trawl bycatch model, used to calculate total catch, discard, 
and incidental catch rates of groundfish species in the limited entry 
trawl fisheries, was updated during the winter of 2004. Major changes 
to the model included a revision of the trawl participation and catch 
database as well as changes to the incidental catch rates of overfished 
groundfish species. The trawl participation and catch database is used 
as an indicator of past limited entry trawl permit participation and 
landed catch. This database tracks a weighted average (based on 
activity during the last several years) of landed catch per limited 
entry trawl permit, bimonthly period, subarea, and depth. Because this 
database is one of the basic foundations of the trawl bycatch model, 
the model operates under the assumption that past performance is a 
reasonable proxy for what level of effort may occur in the future. The 
trawl bycatch model was updated to reflect changes in fleet structure 
as a result of the limited entry trawl permit and vessel buyback 
program conducted in late 2003. However, because buyback related fleet 
structure changes are continuing to occur, higher levels of uncertainty 
are associated with the trawl bycatch model's predictions of projected 
catch during 2004 than in previous years.
    The incidental catch rates of overfished groundfish species used in 
the trawl bycatch model were updated by stratifying them by depth, 
subarea, and cumulative limit period. This is a change from the 
previous trawl bycatch model that only stratified incidental catch 
rates by depth and subarea. In early 2004, new West Coast Groundfish 
Observer Program data were available

[[Page 28087]]

and incorporated in the trawl bycatch model. With two years of data 
being used in the model, the Pacific Council sought the guidance of the 
Scientific and Statistical Committee about how to treat each year of 
data. Because more recent information is more likely to be 
representative of fishing behavior and catch data in the upcoming year, 
the SSC recommended a weighting scheme for observer data wherein the 
most recent data are weighted more heavily than older data. Therefore, 
NMFS estimated the incidental catch rates of overfished species from 
both years of observer data, applied a 2/3 weight to the 2003 rates, 
and a 1/3 weight to the 2002 rates, then summed those years to derive 
estimated incidental catch rates for overfished species.
    Following the 2004 updates to the trawl bycatch model, catch 
projections generated by the model were compared to landings data 
reported in the Pacific Coast Fisheries Information Network (PacFIN). 
The landed catch of DTS (Dover sole, thornyheads, sablefish) species 
was predicted to be higher than that reported in PacFIN and the landed 
catch of Petrale sole and ``other flatfish'' species were predicted to 
be lower than that reported in PacFIN. Therefore, model predictions 
were scaled to account for these differences based on PacFIN landed 
catch estimates from January through February 2004 and landed catch 
estimates during the same period in 2003.
    Changes to the bycatch model were based on new observer data, 
effort estimates following trawl buyback program, and landed catch data 
through the end of February 2004. Because of updated trawl bycatch 
model results, limited entry trawl cumulative trip limits for certain 
slope species, specifically DTS and ``other flatfish'' species, can be 
increased for the remainder of the year. Higher 2004 OYs for 
darkblotched rockfish and Pacific ocean perch combined with lower 
projected incidental catch rates for darkblotched rockfish and Pacific 
ocean perch, in areas seaward of the trawl Rockfish Conservation Area, 
allow higher slope trip limits to be put in place. Cumulative trip 
limit increases for the limited entry trawl fleet would enable the OYs 
for DTS and ``other flatfish'' to be achieved but not exceeded while 
still protecting overfished species by keeping the total mortality of 
overfished species within their rebuilding OYs.
    Therefore, with this inseason action, NMFS is implementing the 
following Pacific Council recommended limited entry trawl cumulative 
trip limit increases in the area between the U.S. border with Canada 
and 40[deg]10' N. lat. The limited entry trawl large footrope and 
midwater trawl trip limit for sablefish will be increased from 8,700 lb 
(3,946 kg) per two months to 16,000 lb (7,257 kg) per two months for 
May through October and increased from 6,200 lb (2,812 kg) per two 
months to 11,000 lb (4,990 kg) per two months during November and 
December. The limited entry small footrope trawl trip limit for 
sablefish will be increased from 5,000 lb (2,268 kg) per two months to 
10,000 lb (4,536 kg) per two months for May through October and 
increased from 2,000 lb (907 kg) per two months to 5,000 lb (2,268 kg) 
per two months during November and December. The limited entry trawl 
large footrope and midwater trawl trip limit for longspine thornyhead 
will be increased from 10,000 lb (4,536 kg) per two months to 18,000 lb 
(8,165 kg) per two months for May through December. The limited entry 
large footrope and midwater trawl trip limit for shortspine thornyhead 
will be increased from 2,100 lb (907 kg) per two months to 4,500 lb 
(2,041 kg) per two months for May through December. The limited entry 
trawl small footrope trawl trip limit for shortspine thornyhead will be 
increased from 1,000 lb (454 kg) per two months to 3,000 lb (1,361 kg) 
per two months for May through October. The limited entry trawl large 
footrope and midwater trawl trip limit for Dover sole will be increased 
from 21,000 lb (9,525 kg) per two months to 32,000 lb (14,515 kg) per 
two months for May through October and increased from 45,000 lb (20,412 
kg) per two months to 50,000 lb (22,680 kg) per two months for November 
and December. The limited entry small footrope trawl trip limit for 
Dover sole will be increased from 21,000 lb (9,525 kg) per two months 
to 27,000 lb (12,247 kg) per two months for May through October and 
increased from 10,000 lb (4,536 kg) per two months to 18,000 lb (8,165 
kg) per two months for November and December. The limited entry trawl 
small footrope trip limit for arrowtooth flounder will be increased 
from 6,000 lb (2,722 kg) per two months to 11,000 lb (4,990 kg) per two 
months for May through October and increased from 4,000 lb (1,814 kg) 
per two months to 8,000 lb (3,629 kg) per two months for November and 
December. The limited entry trawl small footrope trip limit for ``other 
flatfish'' will be increased from 60,000 lb (27,216 kg) per two months, 
no more than 25,000 lb (11,340 kg) per two months of which may be 
petrale sole, to 80,000 lb (36,287 kg) per two months, no more than 
30,000 lb (13,608 kg) per two months of which may be petrale sole, for 
May through October. For November and December, the limited entry trawl 
small footrope trip limit for ``other flatfish'' will be increased from 
30,000 lb (13,608 kg) per two months, no more than 10,000 lb (4,536 kg) 
per two months of which may be petrale sole, to 70,000 lb (31,752 kg) 
per two months, no more than 20,000 lb (9,072 kg) per two months of 
which may be petrale sole.
    With this inseason action, in the area between 40[deg]10' N. lat. 
and the U.S. border with Mexico, NMFS is implementing the following 
limited entry trawl cumulative trip limit increases recommended by the 
Pacific Council. The limited entry trawl trip limit for sablefish will 
be increased from 7,500 lb (3,402 kg) per two months to 14,500 lb 
(6,578 kg) per two months for May through December. The limited entry 
trawl trip limit for longspine thornyhead will be increased from 10,000 
lb (4,536 kg) per two months to 18,000 lb (8,165 kg) per two months for 
May through December. The limited entry trawl trip limit for shortspine 
thornyhead will be increased from 2,000 lb (907 kg) per two months to 
4,500 lb (2,041 kg) per two months for May through December. The 
limited entry trawl trip limit for Dover sole will be increased from 
26,000 lb (11,793 kg) per two months to 49,000 lb (22,226 kg) per two 
months for May through December. The limited entry trawl trip limit for 
``other flatfish'' will be increased from 100,000 lb (45,359 kg) per 
two months, no more than 20,000 lb (9,072 kg) per two months of which 
may be petrale sole, to 120,000 lb (54,431 kg) per two months, no more 
than 20,000 lb (9,072 kg) per two months of which may be petrale sole, 
for May through October. For November and December, the limited entry 
trawl trip limit for ``other flatfish'' will be increased from 100,000 
lb (45,359 kg) per two months to 120,000 lb (54,431 kg) per two months. 
The limited entry trawl catch of petrale sole for November and December 
will remain unlimited.
    Limited entry trawl trip limits had been set at a precautionary 
level at the beginning of 2004, pending the release of new observer 
data. Because the new observer data indicate that the incidental catch 
of overfished species, specifically darkblotched rockfish and Pacific 
ocean perch, by the limited entry trawl fleet along the slope is lower 
than expected, limited entry trawl limits for slope species can be 
increased for the remainder of the year. These cumulative trip limit 
increases generate much needed revenue for the limited entry trawl 
fleet, a fleet that has been severely restricted in recent years to 
limit the

[[Page 28088]]

catch of overfished species and enable the rebuilding of those stocks. 
The incidental catch of overfished species will continue to be 
minimized by the trawl RCA in areas and during seasons when the 
incidental catch of overfished species is high, as well as conservative 
trip limits for target species known to co-occur with overfished 
species. These inseason adjustments are predicted to help achieve, but 
not exceed, the 2004 OYs for Pacific Coast groundfish species. Landings 
in the Pacific Coast groundfish fisheries will continue to be monitored 
throughout the year and adjustments to trip limits will be made to keep 
catch within OYs, as necessary.

NMFS Actions

    For the reasons stated herein, NMFS concurs with the Pacific 
Council's recommendations and hereby announces the following changes to 
the 2004 specifications and management measures (69 FR 11064, March 9, 
2004, as amended at 69 FR 23440, April 29, 2004, and at 69 FR 25013, 
May 5, 2004) to read as follows:
    1. On pages 11108-11114, in section IV., under B. Limited Entry 
Fishery, at the end of paragraph (1), Table 3 (North) and Table 3 
(South) are revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

    (1) * * *
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Classification

    These actions are authorized by the Pacific Coast groundfish FMP 
and its implementing regulations and are based on the most recent data 
available. The aggregate data upon which these actions are based are 
available for public inspection at the Office of the Administrator, 
Northwest Region, NMFS, (see ADDRESSES) during business hours.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment on this action pursuant to 5 U.S.C. 553(b)(3)(B), 
because providing prior notice and opportunity for comment would be 
impracticable. Providing prior notice and comment on the inseason 
adjustments would be impracticable because the data upon which these 
recommendations were based were provided to the Pacific Council and the 
Pacific Council made its recommendations at its April 4-9, 2004, 
meeting in Sacramento, CA. There was not sufficient time after that 
meeting to draft this inseason notice and undergo proposed and final 
rulemaking before the beginning of the next cumulative limit period, 
May 1, 2004. This inseason action increases some cumulative trip 
limits, which allows the limited entry trawl fleet to harvest 
additional fish during each two-month period. These harvest 
opportunities are a result, in part, of the limited entry trawl permit 
and vessel buyback conducted in 2003 and provide much needed revenue 
for the limited entry trawl fleet by providing access to healthy, 
deepwater groundfish stocks with minimal impacts on overfished species. 
Delays in implementing these additional harvest opportunities would 
likely prevent many members of the trawl fleet from harvesting the 
increased limits for the May-June cumulative limit period, thereby 
causing undue economic hardships on coastal communities relying on 
economic benefits resulting from the trawl buyback program.
    For these reasons, good cause also exists to waive the 30 day delay 
in effectiveness requirement under 5 U.S.C. 553 (d)(3).
    These actions are taken under the authority of 50 CFR 
300.63(a)(3)and 660.323(b)(1) and are exempt from review under 
Executive Order 12866.

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

    Dated: May 11, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-11156 Filed 5-12-04; 4:02 pm]
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