[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36617-36628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3262]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060824226-6322-02]
RIN 0648-AV69


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Biennial Specifications and 
Management Measures; Inseason Adjustments

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

ACTION: Final rule; inseason adjustments to groundfish management 
measures; request for comments.

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SUMMARY: This final rule announces inseason changes to management 
measures in the commercial Pacific Coast groundfish fishery. These 
actions, which are authorized by the Pacific Coast Groundfish Fishery 
Management Plan (FMP), are intended to allow fisheries to access more 
abundant groundfish stocks while protecting overfished and depleted 
stocks.

DATES:  Effective 0001 hours (local time) August 1, 2007. Comments on 
this final rule must be received no later than 5 p.m., local time on 
August 6, 2007.

ADDRESSES:  You may submit comments, identified by RIN 0648-AV69 by any 
of the following methods:
     E-mail: [email protected]. Include RIN 0648-AV69 in 
the subject line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 206-526-6736, Attn: Gretchen Arentzen
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Gretchen 
Arentzen.

FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region, 
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Website at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's (Council's) website 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 90 species of groundfish off the coasts of 
Washington, Oregon, and California. Groundfish specifications and 
management measures are developed by the Pacific Fishery Management 
Council (Council), and are implemented by NMFS. A proposed rule to 
implement the 2007-2008 specifications and management measures for the 
Pacific Coast groundfish fishery and Amendment 16-4 of the FMP was 
published on September 29, 2006 (71 FR 57764). The final rule to 
implement the 2007-2008 specifications and management measures for the 
Pacific Coast Groundfish Fishery was published on December 29, 2006 (71 
FR 78638). These specifications and management measures were codified 
in the CFR (50 CFR part 660, subpart G). The final rule was 
subsequently amended on: March 20, 2007 (71 FR 13043); and April 18, 
2007 (72 FR 19390).
    Changes to current groundfish management measures implemented by 
this action were recommended by the Council, in consultation with 
Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California, at its June 11-15, 2007, meeting in Foster 
City, California. At that meeting, the Pacific Council recommended 
adjusting current groundfish management measures to respond to updated 
fishery information and other inseason management needs. The Pacific 
Council recommended: (1) moving the seaward boundary of the Limited 
Entry Trawl Rockfish Conservation Area (RCA) between Cascade Head 
(45[deg]03.83' N. lat.) and the Columbia River (46[deg]16' N. lat.) 
from a line approximating the 150-fm (274-m) depth contour to a line 
approximating the 200-fm (366-m) depth contour; (2) increasing the 2-
month cumulative limit in the limited entry trawl fishery for longspine 
thornyheads using large and small footrope gear north of 40[deg]10' N. 
lat.; (3) increasing the 2-month cumulative limit in the limited entry 
trawl fishery south of 40[deg]10' N. lat. for Dover sole; (4) 
increasing the monthly cumulative limit in the limited entry trawl 
fishery for chilipepper rockfish using small footrope gear south of 
40[deg]10' N. lat.; (5) increasing the 2-month cumulative limit in the 
limited entry fixed gear fishery for shortspine thornyheads south of 
34[deg]27' N. lat.; (6) combining the 2-month cumulative limits for 
shelf rockfish, widow rockfish and bocaccio, in the limited entry fixed 
gear fishery, between 40[deg]10' N. lat. and 34[deg]27' N. lat. into a 
single 2-month cumulative limit starting September 1; (7) increasing 
the daily and weekly limits in the open access sablefish daily trip 
limit (DTL) fishery south of 36[deg] N. lat.. 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 to avoid exceeding, optimum yields (OYs).

Limited Entry Trawl Fishery Management Measures

    At its March 2007 meeting, the Council received a NMFS report 
indicating higher than anticipated canary rockfish bycatch rates by 
selective flatfish trawl gear vessels fishing shoreward of the trawl 
RCA in 2005. The Council responded to this new information by 
restricting access to some shoreward fishing areas north of 40[deg]10' 
N. lat. and by liberalizing fishing opportunities seaward of the RCA to 
encourage a shift of effort to offshore waters in the 2007 limited 
entry non-whiting trawl fisheries (71 FR 19390, April 18, 2007). The 
Council expected these inseason adjustments to result in a decreased 
canary rockfish bycatch in the 2007 limited entry non-whiting trawl 
fisheries, but with a possible higher bycatch of darkblotched rockfish, 
a slope rockfish, with impacts for both species projected to stay 
within their respective OYs.
    At its June 2007 meeting, the Council considered the most recently 
available information on groundfish landings and on updated projections 
of groundfish species total catches, and concluded that the April 
inseason adjustments effectively reduced canary rockfish impacts in the 
2007 limited entry non-whiting trawl fishery. However, effort shifts by 
limited entry trawl vessels to areas seaward of the trawl RCA were 
greater than anticipated, resulting in a higher bycatch of darkblotched 
rockfish than projected in the area between Cascade Head (45[deg]03.83' 
N. lat.) and the Columbia River (46[deg]16' N. lat.). Under the 
previously adopted RCA schedule, the seaward boundary in this area was 
scheduled to shift from the line approximating the 150-fm (274-m) depth 
contour to the line approximating the 200-fm (366-m) depth contour 
beginning September 1; however, further reduction in the impacts of 
effort shifts to darkblotched rockfish is necessary. Therefore, the 
Council recommended and NMFS is

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implementing an expansion of the limited entry non-whiting trawl RCA 
between Cascade Head and the Columbia River by adjusting the seaward 
boundary to the line approximating the 200-fm (366-m) depth contour 
beginning August 1.
    The Council also considered adjustments to trip limits in the 
limited entry non-whiting trawl fishery. Available catch limits of 
longspine thornyheads taken with large and small footrope trawl gear 
north of 40[deg]10' N. lat., Dover sole south of 40[deg]10' N. lat., 
and chilipepper rockfish taken with small footrope trawl gear south of 
40[deg]10' N. lat. are being attained by participating vessels. The 
Council considered increases to trip limits for these species and the 
potential impacts on overall catch levels and overfished species. The 
most recently available information as of June 25, 2007, indicates that 
19 percent (411 mt out of the 2,220 mt OY) of the longspine thornyhead 
OY north of 34[deg]27' N. lat. and 27 percent (4,555 mt out of the 
16,500 mt OY) of the coastwide Dover sole OY have been taken through 
June 16, 2007. These projections are below the anticipated catch 
projections through June, and continuing the trawl fishery under these 
limits is projected to prevent the fishery from attaining the OYs for 
these species. Modest increases to longspine thornyhead and Dover sole 
cumulative limits are expected to increase overall catch levels, but 
those increases are predicted to be within the 2007 OYs for these 
species and are not expected to result in greater than projected 
overfished species impacts.
    Therefore, the Council recommended and NMFS is implementing the 
following trip limit changes for the limited entry trawl fishery: (1) 
North of 40[deg]10' N. lat., increase longspine thornyhead limits using 
large and small footrope gear from 22,000 lb (9,979 kg) per 2 months to 
25,000 lb (11,340 kg) per 2 months beginning in period 4; and (2) south 
of 40[deg]10' N. lat., increase Dover sole limits from 70,000 lb 
(31,751 kg) per 2 months to 80,000 lb (36,287 kg) per 2 months 
beginning in period 4.
    Chilipepper rockfish are an abundant species taken in common with 
other rockfish in the southern shelf rockfish complex. Based on the 
most recently available West Coast Groundfish Observer Program (WCGOP) 
data, chilipepper rockfish are being regularly discarded under current 
trip limits for small footrope trawl gear south of 40[deg]10' N. lat. 
OYs for chilipepper rockfish have not come close to being achieved in 
recent years. For example, in the 2005 limited entry trawl and fixed 
gear fishery, the chilipepper rockfish landings were 28 mt, less than 3 
percent of the 1099 mt chilipepper rockfish OY. The Council considered 
increasing chilipepper rockfish limits to accommodate some of this 
discard while keeping limits low enough to prevent targeting. Targeting 
of chilipepper rockfish could increase impacts to bocaccio and widow 
rockfish, co-occurring overfished species. Current catch projections 
estimate that less than 80 percent of the 2007 OYs will be obtained for 
either bocaccio or widow rockfish by the end of the year; therefore, if 
unexpected targeting of chilipepper rockfish were to occur, and higher 
than expected bycatch of bocaccio and widow rockfish occurs, bocaccio 
and widow rockfish total catch could be expected to remain within 2007 
OYs. Therefore, the Council recommended and NMFS is implementing the 
following trip limit changes for the limited entry trawl fishery: South 
of 40[deg]10' N. lat., increase chilipepper rockfish limits using small 
footrope trawl gear from 500 lb (227 kg) per month to 800 lb (363 kg) 
per month beginning August 1.

Limited Entry Fixed Gear Trip Limits South of 40[deg]10' N. Lat.

    As of May 31, 2007, the total shortspine thornyhead landings south 
of 34[deg]27' N. lat. were estimated to be 60.6 mt out of a 421 mt OY. 
The Council considered increases to the shortspine thornyhead 
cumulative limits south of 34[deg]27' N. lat., and discussed concerns 
with possible effort shifts. Increases in effort in this area could 
result in higher sablefish catch and higher catches of other species. 
Estimates show that sablefish catches in this area are lower than they 
had been predicted to be at the beginning of the year. The Council 
recommended a short term increase in shortspine thornyhead cumulative 
limits to balance the potential impacts on sablefish from a possible 
effort shift and the large amount of shortspine thornyheads available 
for harvest. The Council will consider further adjustments to 
shortspine thornyhead cumulative limits upon receipt of additional 
fishery information later in the year. Shortspine thornyheads are a 
slope rockfish species and most of the overfished species south of 
36[deg] N. lat. are shelf species, so no increased impacts on 
overfished species are expected to occur as a result of increasing 
shortspine thornyhead trip limits.
    The Council also considered industry concerns regarding high 
discard rates of minor shelf, bocaccio, and widow rockfish in the fixed 
gear fishery between 40[deg]10' N. lat. and 37[deg] N. lat. and a 
request to combine bocaccio, chilipepper, and widow rockfish into a 
single combined limit with minor shelf rockfish between 40[deg]10' N. 
lat. and 37[deg] N. lat. The Council had concerns with the impacts to 
overfished species by combining chilipepper rockfish cumulative limits 
into a single cumulative limit with minor shelf, bocaccio and widow 
rockfish, since the high abundance of chilipepper rockfish would result 
in a combined limit too high to be supported by less abundant species 
in the complex. Leaving cumulative limits for chilipepper rockfish 
separate, while combining minor shelf, bocaccio and widow rockfish into 
a single cumulative limit, will allow the industry increased 
flexibility in retention opportunities and is expected to reduce 
discard without affecting overfished species catch levels.
    Therefore, the Council recommended, and NMFS is implementing the 
following changes for the limited entry fixed gear fishery: (1) South 
of 34[deg]27' N. lat., increase the shortspine thornyhead limits from 
2,000 lb (907 kg) per 2 months to 3,000 lb (1,361 kg) per 2 months 
during period 4; (2) between 40[deg]10' N. lat. and 37[deg] N. lat., 
combine the trip limit for bocaccio of 300 lb (136 kg) per 2 months and 
the trip limit for minor shelf rockfish, shortbelly rockfish, and widow 
rockfish of 300 lb (136 kg) per 2 months into a single cumulative trip 
limit of 500 lb (227 kg) per 2 months for: bocaccio, minor shelf 
rockfish, shortbelly, and widow rockfish beginning September 1.

Open Access Sablefish Daily Trip Limits South of 36[deg] N. Lat.

    The Council considered an industry request to increase limits in 
the open access sablefish DTL fishery south of 36[deg] N. lat. to allow 
available sablefish OY in this area to be harvested by providing 
fishing opportunities that would be equivalent to opportunities in 
recent years. In October 2006, NMFS increased the daily limits south of 
36[deg] N. lat. from 350 lb (159 kg) per day to 500 lb (227 kg) per day 
(71 FR 58289, October 3, 2006), which resulted in a large shift in 
effort by vessels that had historically operated north of 36[deg] N. 
lat., forcing reductions in the daily limit to 300 lb (136 kg) per day 
and an introduction of a 2 month cumulative limit of 3,000 lb (1,361 
kg) per month in December 2006 in order to stay within the 2006 
sablefish OY in this area (71 FR 69076, November 29, 2006). The large 
increase in effort south of 36[deg] N. lat. in 2006 was due, in part, 
to a highly restricted salmon fishing season and to the sablefish DTL 
fishery closure north of 36[deg] N. lat. As a precautionary

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approach, in the event that 2007 salmon fisheries were not improved 
from 2006, the Council recommended, and NMFS implemented decreases in 
the open access sablefish DTL fishery south of 40[deg]10' N. lat. for 
2007-2008 to keep sablefish within their 2007-2008 OYs (71 FR 78638, 
December 29, 2006). The 2007 salmon fishery is improved from 2006 and 
catch in the sablefish DTL fishery north of 36[deg] N. lat. remains 
open and is not currently exceeding 2007 catch projections; therefore, 
the magnitude of effort shifts seen in 2006 are not likely to occur in 
2007. This action would not increase estimated impacts on overfished 
species, because estimated mortality for overfished species for the 
year assume that this sector will achieve its allocation. Therefore, 
the Council recommended and NMFS is implementing an increase in the 
open access sablefish DTL fishery trip limits south of 36[deg] N. lat. 
from ``300 lb (136 kg) per day, or 1 landing per week of up to 700 lb 
(318 kg)'' to ``350 lb (159 kg) per day, or 1 landing per week of up to 
1,050 lb (476 kg)'', beginning August 1.

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.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to the 2007 groundfish 
management measures under 5 U.S.C. 553(b)(3)(B) because notice and 
comment would be impracticable and contrary to the public interest. 
Also for the same reasons, NMFS finds good cause to waive part of the 
30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1) and 5 
U.S.C. 553(d)(3).
    The data upon which these recommendations were based was provided 
to the Council and the Council made its recommendations at its June 11-
15, 2007, meeting in Foster City, CA. 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. For the actions 
to be implemented in this notice, affording the time necessary for 
prior notice and opportunity for public comment would be impractical 
and contrary to the public interest because it would prevent the Agency 
from 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 commercial 
groundfish fisheries off Washington, Oregon, and California.
    Changes to the limited entry trawl RCA must be implemented in a 
timely manner by August 1, 2007, to reduce the projected bycatch of 
darkblotched rockfish, a groundfish species that is currently subject 
to rebuilding requirements. Changes to the trawl RCA must be made to 
reduce the bycatch of darkblotched rockfish, so that the total catch of 
darkblotched rockfish stays within its 2007 OY, as defined in the 
rebuilding plan for this species. It would be contrary to the public 
interest to wait to implement this RCA revision until after public 
notice and comment, because failing to make this regulatory change by 
August 1 could result in higher than projected darkblotched rockfish 
catch, ultimately risking early closure of fisheries important to 
coastal communities.
    Changes to the cumulative limits in the non-whiting commercial 
fisheries must be implemented in a timely manner to relieve a 
restriction by allowing fishermen increased opportunities to harvest 
available healthy stocks. Changes to cumulative limits for the 
following stocks must be implemented in a timely manner by August 1, 
2007: (1) Longspine thornyhead, Dover sole, and chilipepper rockfish 
cumulative limits in the limited entry trawl fishery; (2) shortspine 
thornyheads in the limited entry fixed gear fishery; and (3) cumulative 
limits in the open access sablefish DTL fishery. These changes allow 
fishermen an opportunity to harvest higher trip limits for stocks with 
catch tracking behind their projected 2007 catch levels. In the limited 
entry fixed gear fishery, changes that combine the limits for minor 
shelf rockfish, widow rockfish and bocaccio must be implemented in a 
timely manner by September 1, 2007, to provide fishermen an opportunity 
to harvest available healthy stocks by allowing increased flexibility 
in retention opportunities. All of these cumulative limit changes are 
within projected mortality for overfished species. All of these actions 
provide increased trip limits or regulatory flexibility. Therefore, it 
would be contrary to the public interest to fail to relieve the current 
restrictions in a timely manner.
    Delaying these changes would keep management measures in place that 
are not based on the best available data, which could risk fisheries 
exceeding their OY, or deny fishermen access to available harvest. Such 
delay 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.

List of Subjects in 50 CFR Part 660

    Fisheries, and Fishing.

    Dated: June 29, 2007.
James P. Burgess,
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

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

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

0
2. Tables 3 (North), 3 (South), 4 (South), and 5 (South) to part 660 
subpart G are revised to read as follows.

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[FR Doc. 07-3262 Filed 7-3-07; 8:45 am]
BILLING CODE 3510-22-S