[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18227-18230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3468]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6028-03; I.D. 040506A]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; 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; request for 
comments.

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SUMMARY: NMFS announces changes to management measures in the 
recreational Pacific Coast groundfish fisheries. These actions, which 
are authorized by the Pacific Coast Groundfish Fishery Management Plan 
(FMP) are intended to protect overfished groundfish stocks, to reduce 
possible confusion in the public over differing state and Federal 
regulations, and to improve the ability to enforce groundfish 
regulations.

DATES: Effective 0001 hours (local time) April 11, 2006. Comments on 
this rule will be accepted through May 11, 2006.

ADDRESSES: You may submit comments, identified by I.D. 040506A, by any 
of the following methods:
     E-mail: [email protected]. Include I.D. 
number 040506A in the subject line of the message.
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or Rod McInnis, 
Administrator, Southwest Region, NMFS, 501 West Ocean Blvd, Suite 4200, 
Long Beach, CA 90802-4213. Attn: Jamie Goen.
     Fax: 206-526-6736, Attn: Jamie Goen.

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-6150; fax: 206-526-6736; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's Web site at: http://www.gpoaccess.gov/fr/index.html.
    Background information and documents are available at the Pacific 
Fishery Management Council's (Pacific Council's) Web site at: http://www.pcouncil.org.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at title 50 in the Code of Federal Regulations (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 Council, and are 
implemented by NMFS. The specifications and management measures for 
2005-2006 were codified in the CFR (50 CFR part 660, subpart G). They 
were published in the Federal Register as a proposed rule on September 
21, 2004 (69 FR 56550), and as a final rule on December 23, 2004 (69 FR 
77012). The final rule was subsequently amended on March 18, 2005 (70 
FR 13118); March 30, 2005 (70 FR 16145); April 19, 2005 (70 FR 20304); 
May 3, 2005 (70 FR 22808); May 4, 2005 (70 FR 23040); May 5, 2005 (70 
FR 23804); May 16, 2005 (70 FR 25789); May 19, 2005 (70 FR 28852); July 
5, 2005 (70 FR 38596); August 22, 2005 (70 FR 48897); August 31, 2005 
(70 FR 51682); October 5, 2005 (70 FR 58066); October 20, 2005 (70 FR 
61063); October 24, 2005 (70 FR 61393); November 1, 2005 (70 FR 65861); 
December 5, 2005 (70 FR 723850); February 17, 2006 (71 FR 8489); and 
March 27, 2006 (71 FR 10545).
    The changes to current groundfish management measures implemented 
by this action were recommended by the Pacific Council, in consultation 
with Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California, at its March 6-10, 2006, meeting in Seattle, 
WA. At that meeting, the Pacific Council recommended: (1) conforming 
Federal regulations to protective state measures taken in the 
Washington recreational groundfish fishery that prohibit retention of 
rockfish and lingcod in Federal waters from May 22 through September 
30, 2006, in the area from the U.S. border with Canada to Queets River, 
WA (47[deg]31.70' N. lat.) except on days that halibut fishing is open, 
and that prohibit retention of rockfish and lingcod seaward of a line 
approximating the 30-fm (55-m) depth contour from March 18 through June 
15, 2006 in the area from the Queets River to Leadbetter Point, WA 
(46[deg]38.17' N. lat.); and (2) conforming Federal regulations to 
protective state measures taken for the Oregon recreational groundfish 
fishery that set the marine fish bag limit off Oregon at 6 fish. These 
measures are also needed to conform Federal groundfish regulations with 
Federal halibut regulations implemented on March 5, 2006 (71 FR 10850, 
March 3, 2006).

Washington Recreational Fishery Management Measures

    At the Pacific Council's March meeting, Washington Department of 
Fish and Wildlife (WDFW) reported on its recreational fishery 
management measures in 2005. WDFW had analyzed its 2005 fishery's catch 
and had found that the 2005 Washington recreational fishery had 
exceeded its harvest targets for yelloweye and canary rockfish. To 
ensure that its recreational fishery would not exceed 2006 rockfish 
harvest targets, WDFW developed state regulations in a series of public 
meetings held in December 2005 through February 2006. These regulations 
prohibit retention of rockfish and lingcod in WDFW Marine

[[Page 18228]]

Areas 3 and 4 (from the U.S./Canada border to Queets River) in waters 
seaward of the 20-fm (36.9-m) depth contour from May 22 through 
September 30, 2006, except on days that the recreational halibut 
fishery is open. These regulations also prohibit retention of rockfish 
and lingcod in WDFW Marine Area 2 (from Queets River to Leadbetter 
Point) in waters seaward of a line approximating the 30-fm (55-m) depth 
contour from March 18 through June 15, 2006. Yelloweye and canary 
rockfish are shelf rockfish species and are less abundant in nearshore 
waters, so these regulations are designed to reduce the take of these 
species. The bulk of recreational fishing off the Washington coast 
occurs during spring and summer, with the more severe winter weather 
discouraging much recreational fishing during the remainder of the 
year.
    All of the West Coast groundfish fisheries, including the 
recreational fishery, are subject to fishing area closures intended to 
reduce opportunities for incidental catch of overfished rockfish 
species. These area closures, known as Rockfish Conservation Areas 
(RCAs), are bounded by lines approximating fathom depth contours. NMFS 
provides latitude/longitude coordinates defining the RCA boundary lines 
at 50 CFR 660.390-660.394. Under Federal regulations at Sec.  660.370, 
the boundaries of RCAs may be revised inseason, as needed to either 
increase protection for overfished species, or increase fisheries 
access to more healthy groundfish species. RCA boundaries may be 
shifted to any one of the boundary lines provided at Sec. Sec.  
660.391-660.394 using the routine management measure authority provided 
at Sec.  660.370. Under FMP provisions in section 6.2, however, new 
routine management measures such as potential RCA boundary lines must 
be established through a two-meeting Council process and a Federal 
rulemaking with a public notice-and-comment process.
    Federal regulations at Sec.  660.391(b) provide latitude/longitude 
coordinates to approximate the 30-fm (55-m) depth contour. WDFW and the 
Pacific Council had recommended prohibiting retention of rockfish and 
lingcod seaward of the boundary line at Sec.  660.391(b) that 
approximates the 30-fm (55-m) depth contour, between Queets River and 
Leadbetter Point, from March 18 through June 15, 2006. NMFS expects 
that implementing this recommendation would reduce recreational 
fisheries interactions with overfished rockfish. However, the agency 
could not complete this Federal Register action in time to implement 
the recommendation by March 18. State regulations may be more 
restrictive than Federal regulations, and Washington State regulations 
already in place prohibit fishing in this area seaward of the 30 fm (55 
m) boundary line. NMFS nonetheless wishes to implement this protective 
measure as soon as possible, which is why it is effective in Federal 
waters beginning with the date of publication of this Federal Register 
document, April 11, 2006 through June 15, 2006.
    There is no federally-designated RCA boundary at a line 
approximating the 20-fm (36.9-m) depth contour. Because the 20-fm 
(36.9-m) depth contour has not been established as a potential RCA 
boundary that can be made effective through a routine management 
measure, NMFS is unable to implement Federal regulations that exactly 
conform to the state closure. However, there are few areas off 
Washington where the 20-fm (36.9-m) depth contour is offshore of the 3-
nautical mile boundary line between state and Federal waters. 
Therefore, the Pacific Council recommended that NMFS prohibit 
recreational fishing for rockfish and lingcod in the EEZ between the 
U.S./Canada border and the Queets River between May 22 and September 
30, 2006, except on days when Pacific halibut fishing is open in that 
area, knowing that the state regulations would address state waters 
seaward of the 20-fm (36.9-m) depth contour during that same period. 
NMFS agrees with this Pacific Council recommendation and is 
implementing it via this document. NMFS announces open recreational 
fishing days for Pacific halibut on its halibut hotline, at (206)526 
6667 or (800) 662 9825.

Oregon Recreational Fishery Management Measure

    The Oregon Department of Fish and Wildlife (ODFW) also reported at 
the March 2006 Pacific Council meeting on management measures that the 
state had developed in late 2005 for its 2006 recreational fishery. In 
December 2005, the Oregon Fish and Wildlife Commission (Commission) 
refined management measures for the 2006 Oregon recreational groundfish 
fishery, based on angler effort patterns ODFW had observed in 2005. The 
2005 Oregon recreational salmon season had been poor, which led more 
anglers to participate in the 2005 groundfish fishery than ODFW had 
expected at the start of 2005. In order to remain within the 2006 
Oregon harvest guideline for black rockfish and to provide a 12-month 
fishing season for 2006, the Commission adopted a 6-fish marine fish 
bag limit, a reduction from the 10-fish limit previously in place. At 
the Pacific Council's March meeting, ODFW asked that the Pacific 
Council recommend to NMFS that Federal groundfish regulations conform 
to the more restrictive state marine fish bag limit, which the Pacific 
Council did. NMFS agrees that the 6-fish marine fish bag limit is 
likely to reduce effort in the Oregon recreational fishery, reduce 
opportunities for rockfish interception, and help keep the coastwide 
fisheries within the groundfish OYs. For this reason, and in order to 
reduce potential public confusion over differing state and Federal 
regulations and to improve the ability to enforce the regulations, NMFS 
is implementing the reduced marine fish bag limit via this document.

Conforming Federal Recreational Groundfish Regulations to Federal 
Recreational Halibut Regulations

    The Pacific Council developed 2006 revisions to the Pacific Halibut 
Catch Sharing Plan and management measures for the 2006 recreational 
halibut fisheries during its September and November 2005 meetings. On 
January 30, 2006, NMFS published a proposed rule to implement the 
Pacific Council's recommended revisions to both the Catch Sharing plan 
and implementing regulations (71 FR 4876). The International Pacific 
Halibut Commission held its annual meeting January 16-20, 2006, where 
it set 2006 halibut catch levels for U.S. and Canadian waters. 
Following that meeting and the public comment period on the proposed 
rule for West Coast halibut fisheries, NMFS published a final rule 
implementing 2006 coastwide Pacific halibut fisheries regulations, for 
waters off the U.S. West Coast and Alaska (71 FR 10850, March 3, 2006). 
That final rule on the halibut fisheries included management measures 
that addressed allowable groundfish retention in the recreational 
halibut fisheries. Specifically, between Leadbetter Point, WA, and Cape 
Falcon, OR, no groundfish except sablefish and Pacific cod may be taken 
and retained, possessed or landed if halibut are onboard the vessel. 
And, between Cape Falcon and Humbug Mountain, OR, no groundfish except 
sablefish may be taken and retained, possessed or landed if halibut are 
onboard the vessel.
    At the Pacific Council's March 2006 meeting, their Groundfish 
Management Team alerted the Council that halibut regulations developed 
through the halibut rulemaking process conflicted with groundfish 
regulations, which do not address retention of groundfish

[[Page 18229]]

taken with halibut off Oregon. Washington recreational groundfish 
regulations had a prohibition on the retention of groundfish, except 
sablefish, if halibut were onboard but did not allow retention of 
Pacific cod. Therefore, in order to eliminate confusion between Federal 
halibut and groundfish regulations, the Pacific Council recommended 
that NMFS modify groundfish regulations to conform to halibut 
regulations. NMFS agrees that this revision is needed and is 
implementing the Pacific Council's recommendation for Washington and 
Oregon via this document.

Classification

    These actions are taken under the authority of 50 CFR 660.370(c) 
and are exempt from review under Executive Order 12866.
    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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest. 
The data upon which these recommendations were based was provided to 
the Pacific Council, and the Pacific Council made its recommendations 
at its March 6-10, 2006 meeting in Seattle, WA. There was not 
sufficient time after that meeting to draft this notice and undergo 
proposed and final rulemaking before these actions need to be in effect 
as explained below. For the actions to be implemented in this notice, 
prior notice and opportunity for comment would be impracticable and 
contrary to the public interest because affording the time necessary 
for prior notice and opportunity for public comment would impede the 
Agency's function of managing fisheries using the best available 
science to approach without exceeding the OYs for federally managed 
species. The adjustments to management measures in this document affect 
recreational fisheries off Washington and Oregon and must be 
implemented immediately to eliminate confusion for the public and to 
improve enforcement by ensuring that Federal and state recreational 
regulations conform to each other.
    Revisions to recreational fishery management measures are needed to 
protect overfished groundfish species and to keep the harvest of other 
groundfish species within the harvest levels projected for 2006. 
Without these measures in place, the fisheries could risk exceeding 
harvest levels early in the year, causing early and unanticipated 
fishery closures and economic harm to the communities. It is 
unnecessary to provide a public notice-and-comment period on the 
measures that would be implemented to eliminate conflicts between 
Federal groundfish and halibut regulations because these measures have 
already been vetted through a public notice-and-comment process for the 
halibut regulations: proposed rule published January 30, 2006 (71 FR 
4876), and final rule published March 3, 2006 (71 FR 10850). Making the 
groundfish regulations conform to the halibut regulations via this 
notice is a housekeeping measure and it is needed quickly in order to 
reduce confusion for the public and enforcement officers. Delaying any 
of these changes would keep management measures in place that are not 
based on the best available data and which could lead to early closures 
of the fishery if harvest of groundfish exceeds levels projected for 
2006. This would be contrary to the public interest because it would 
impair achievement of one of the Pacific Coast Groundfish FMP 
objectives of providing for year-round harvest opportunities or 
extending fishing opportunities as long as practicable during the 
fishing year. Affording an opportunity for prior notice and comment on 
these regulatory revisions would also be contrary to the public 
interest because all of the measures implemented by this notice 
eliminate confusion for the public by removing conflicts between 
different regulations that affect the same waters and fisheries.
    For these reasons, good cause also exists to waive the 30 day delay 
in effectiveness requirement under 5 U.S.C. 553 (d)(3).

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, Fisheries, Fishing, Indians.

    Dated: April 5, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

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

0
1. The authority citation for part 660 continues to read as follows:

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

0
2. In Sec.  660.384, paragraphs (c)(1) introductory text, (c)(1)(i)(B), 
and (c)(2)(iii) are revised to read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 15 groundfish per 
day, including rockfish and lingcod, and is open year-round (except for 
lingcod). In the Pacific halibut fisheries, retention of groundfish is 
governed in part by annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register. South of 
Leadbetter Point, WA to the Washington/Oregon border, when Pacific 
halibut are onboard the vessel, no groundfish may be taken and 
retained, possessed or landed, except sablefish and Pacific cod. The 
following sublimits and closed areas apply:
    (i) * * *
    (B) Recreational Rockfish Conservation Area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA. It is 
unlawful to take and retain, possess, or land groundfish taken with 
recreational gear within the recreational RCA. A vessel fishing in the 
recreational RCA may not be in possession of any groundfish. [For 
example, if a vessel participates in the recreational salmon fishery 
within the RCA, the vessel cannot be in possession of groundfish while 
in the RCA. The vessel may, however, on the same trip fish for and 
retain groundfish shoreward of the RCA on the return trip to port.]
    (1) Between the U.S. border with Canada and the Queets River and 
from May 22 through September 30, 2006, taking and retaining, 
possessing or landing, any rockfish or lingcod in the EEZ is 
prohibited, except on days when the Pacific halibut fishery is open in 
this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206)526-6667 or 
(800)662-9825.
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for rockfish and lingcod is prohibited seaward of a boundary 
line approximating the 30 fm (55 m) depth contour from April 11, 2006 
through June 15, 2006. Coordinates for the boundary line approximating 
the 30 fm (55 m) depth contour are listed in Sec.  660.391.
* * * * *
    (2) * * *

[[Page 18230]]

    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are two 
lingcod per day, which may be no smaller than 24 in (61 cm) total 
length; and 6 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, lingcod, striped 
bass, hybrid bass, offshore pelagic species and baitfish (herring, 
smelt, anchovies and sardines), but which includes rockfish, greenling, 
cabezon and other groundfish species. In the Pacific halibut fisheries, 
retention of groundfish is governed in part by annual management 
measures for Pacific halibut fisheries, which are published in the 
Federal Register. Between the Oregon border with Washington and Cape 
Falcon, when Pacific halibut are onboard the vessel, groundfish may not 
be taken and retained, possessed or landed, except sablefish and 
Pacific cod. Between Cape Falcon and Humbug Mountain, during days open 
to the Oregon Central Coast ``all-depth'' sport halibut fishery, when 
Pacific halibut are onboard the vessel, no groundfish may be taken and 
retained, possessed or landed, except sablefish. ``All-depth'' season 
days are established in the annual management measures for Pacific 
halibut fisheries, which are published in the Federal Register and are 
announced on the NMFS halibut hotline, 1-800-662-9825. The minimum size 
limit for cabezon retained in the recreational fishery is 16 in (41 cm) 
and for greenling is 10 in (26 cm). Taking and retaining canary 
rockfish and yelloweye rockfish is prohibited at all times and in all 
areas.
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[FR Doc. 06-3468 Filed 4-10-06; 8:45 am]
BILLING CODE 3510-22-S[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
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