[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68097-68105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060824226-6322-02]
RIN 0648-AW27


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 biennial 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) December 4, 2007. Comments on 
this final rule must be received no later than 5 p.m., local time on 
January 3, 2008.

ADDRESSES: You may submit comments, identified by RIN 0648-AW27 by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     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.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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 (72 FR 13043); April 18, 2007 
(72 FR 19390); July 5, 2007 (72 FR 36617); August 3, 2007 (72 FR 
43193); September 18, 2007 (72 FR 53165); and October 4, 2007 (72 FR 
56664).
    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 November 5-9, 2007, meeting in San 
Diego, California. At that meeting, the Council recommended adjusting 
current groundfish management measures to respond to updated fishery 
information and other inseason management needs in order to allow 
access to groundfish without exceeding the 2007 optimum yields (OYs) 
for the target species or the 2007 OYs for overfished and depleted 
stocks.
    For the remainder of 2007, the Council recommended increasing the 
2-month cumulative limits for sablefish in the limited entry non-
whiting trawl fishery for large and small footrope trawl gear north of 
40[deg]10.00' N. lat., increasing trip limits for sablefish in the 
limited entry non-whiting trawl fishery south of 40[deg]10.00' N. lat., 
and increasing the open access sablefish daily trip limits between 
40[deg]10.00' N. lat. and 36[deg] N. lat.
    The Council also recommended adjusting management measures 
beginning January 1, 2008; these measures will be implemented in a 
separate rulemaking.
    NMFS has considered the recommendations for the remainder of 2007, 
and is implementing them as described below. Pacific Coast groundfish 
landings will be monitored throughout the remainder of the biennium, 
and further adjustments to trip limits or management measures may be 
made as necessary to allow achievement of, or to avoid exceeding, 
optimum yields (OYs).

Commercial Sablefish Fishery Management Measures

    The Council considered adjustments to 2007 sablefish trip limits in 
the limited entry non-whiting trawl fishery and in the open access 
daily trip limit (DTL) fishery. At the Council's November 2007 meeting, 
an advisory body to the Council, the Groundfish Management Team (GMT), 
reviewed the best available data on estimates of landed catch and total 
mortality for the sablefish in the limited entry trawl and open access 
fisheries. These data, which estimated catch through the end of 
October, were compared to catch and mortality estimates modeled for 
these fisheries and were used to update catch predictions through the 
end of the year. Based on the Pacific Fishery Information Network's 
(PacFIN's) Quota

[[Page 68098]]

Species Monitoring (QSM) data, landed catch and total mortality data to 
date for 2007 have been lower than expected for: sablefish taken with 
large and small footrope trawl gear north of 40[deg]10' N. lat.; 
sablefish taken with trawl gear south of 40[deg]10' N. lat., and in the 
open access sablefish DTL fishery north of 36[deg] N. lat. The Council 
considered increases to sablefish trip limits in these fisheries and 
the potential impacts on overall catch levels and overfished species.
    The most recently updated catch projections for 2007 indicate 89 
percent (2,380 mt out of 2,651 mt) of the trawl allocation of sablefish 
north of 36[deg], and 77 percent (350 mt out of 456 mt) of the open 
access allocation of sablefish is expected to be taken through the end 
of the year. This action would not increase estimated impacts on 
overfished species because estimated mortality for overfished species 
for 2007 assume that these sectors will achieve their sablefish 
allocations. Therefore, the Council recommended and NMFS is 
implementing: an increase in the limited entry trawl limits for large 
and small footrope trawl gear north of 40[deg]10.00' N. lat. from 
22,000 lb (9,979 kg) per two months to 30,000 lb (13,608 kg) per two 
months; an increase in the sablefish trawl trip limits south of 
40[deg]10' N. lat. from 22,000 lb (9,979 kg) per two months to 30,000 
lb (13,608 kb) per two months; and an increase in the open access 
sablefish daily trip limits between 40[deg]10.00' N. lat. and 36[deg] 
N. lat. from ``300 lb (136 kg) per day, or 1 landing per week of up to 
700 lb (318 kg), not to exceed 2,100 lb (953 kg) per two months'' to 
``300 lb (136 kg) per day, or 1 landing per week of up to 1,000 lb (454 
kg), not to exceed 3,000 lb (1,360 kg) per two months'', beginning 
December 1 through the remainder of 2007.

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 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 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 November 
5-9, 2007, meeting in San Diego, California. The Council recommended 
that these changes be implemented on or as close as possible to 
December 1, 2007. There was not sufficient time after that meeting to 
draft this document 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 sablefish cumulative limits for the rest of 2007 in 
the non-whiting commercial fisheries must be implemented as soon as 
possible to relieve a restriction by allowing fishermen increased 
opportunities to harvest available healthy stocks. Changes to sablefish 
cumulative limits for the following fisheries must be implemented as 
close as possible to December 1, 2007: (1) limited entry trawl fishery 
north and south of 40[deg]10.00' N. lat.; and (2) open access daily 
trip limit fishery between 40[deg]10.00' N. lat. and 36[deg] N. lat. It 
would be contrary to the public interest to wait to implement these 
trip limit changes until after public notice and comment, because 
making these regulatory changes as soon as possible relieves an 
unnecessary regulatory restriction for fisheries that are important to 
coastal communities. For the same reasons, allowing a 30-day delay in 
effectiveness would be contrary to the public interest.
    Delaying these changes would keep management measures in place that 
are not based on the best available data, which could risk fisheries 
exceeding OYs, 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

    Administrative practice and procedure, Fisheries, Fishing, 
Reporting and recordkeeping requirements.

    Dated: November 28, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

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

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

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3. Table 5 (South) to part 660, subpart G is revised to read as 
follows:

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[FR Doc. 07-5925 Filed 12-3-07; 8:45 am]
BILLING CODE 3510-22-C