[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Rules and Regulations]
[Pages 71583-71600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6077]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 060824226 6322 02]
RIN 0648-AW34
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
[[Page 71584]]
groundfish stocks while protecting overfished and depleted stocks.
DATES: Effective 0001 hours (local time) January 1, 2008. Comments on
this final rule must be received no later than 5 p.m., local time on
January 17, 2008.
ADDRESSES: You may submit comments, identified by RIN 0648-AW34 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 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); 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); and December 4, 2007 (72 FR 68097).
Changes to the biennial 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
the biennial groundfish management measures for December 2007 to
respond to updated fishery information, and these measures were
published in a separate rulemaking on December 4, 2007 (72 FR 68097).
At that same meeting, the Council recommended adjusting the biennial
groundfish management measures for the remainder of the biennial period
to respond to updated fishery information and other inseason management
needs.
The Council recommended the following adjustments beginning January
1, 2008: (1) Setting the trawl Rockfish Conservation Area (RCA)
boundaries such that they take into account recent scientific
information on constraining overfished species bycatch early in the
year; (2) adjusting trip limits for sablefish, longspine thornyheads,
shortspine thornyheads, Dover sole, petrale sole, arrowtooth flounder,
Other Flatfish, minor slope and darkblotched rockfish, Pacific ocean
perch, and chilipepper rockfish in the limited entry trawl fishery; (3)
recombining chilipepper rockfish into a single limited entry fixed gear
cumulative limit for minor shelf, shortbelly and widow rockfish, and
bocaccio between 40[deg]10.00' N. lat. and 34[deg]27.00' N. lat.; (4)
increasing shortspine thornyhead limits in the limited entry fixed gear
fishery south of 34[deg]27.00' N. lat.; (5) setting differential open
access sablefish daily trip limits north of 36[deg] N. lat. and
decreasing the daily trip limits north and south of 36[deg] N. lat.;
(6) removing trip limit requirements for lingcod in the tribal fishery.
NMFS has considered these recommendations, and is implementing them
as described below. Pacific Coast groundfish landings will be monitored
throughout the remainder of the biennial period, 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).
Fishery Management Measures for the Limited Entry Non-Whiting Trawl
Fishery
At its November 2007 meeting, the Council reviewed the 2007 limited
entry trawl fisheries by considering: 1) the fishery management
measures initially set for 2007, 2) modifications to management
measures that were needed inseason in 2007 as new data became available
throughout the season, and 3) retrospective total catch pattern data
from the 2007 year-to-date. A noticeable feature of the 2007 fishing
season was that the Council had to, on several occasions, recommend
inseason adjustments to constrain either trip limits or fishing areas
in order to ensure that the total catch for 2007 of overfished species
would stay within their allowable harvest levels for their rebuilding
plans. This practice is in keeping with the Council's rebuilding goals
for overfished species, but is challenging for an industry trying to
predict whether and how much fish will be available for harvest in the
next month of the year. The Council's goal in scrutinizing the 2007
fishery was to develop a set of management measures for the remainder
of the biennial period, for implementation on January 1, 2008, that
would take into account new knowledge gained in 2007 to better
structure the fishery so initial 2008 management measures would
continue to keep total catch of managed species within their optimum
yield levels, and would be conservative enough to reduce the frequency
with which management measure adjustments would be needed inseason.
Trawl management measures for the 2007-2008 biennium were initially
set using fishery data available through the June and September 2006
Council meetings. In late January 2007, NMFS's West Coast Groundfish
Observer Program (WCGOP) released new fishery data that showed that
canary bycatch rates for vessels using selective flatfish bycatch gear
were higher than was shown in the data available for development of
management measures in 2006. The Council's first opportunity to respond
to this new WCGOP data was at its March 2007 meeting, after the 2007
fishery had been underway for
[[Page 71585]]
over two months. In order to take into account estimated canary
rockfish bycatch for the early part of 2007 and to ultimately keep the
2007 and 2008 fisheries from exceeding the canary rockfish OY, the
Council recommended a strict series of area closures and trip limit
revisions for implementation in April 2007 (71 FR 19390, April 18,
2007).
The Council's goal in reviewing 2007 fishery data in preparation
for recommending management measures for January 1, 2008, was to ensure
that management measures in place for the remainder of the biennial
period reflect the best available science and are appropriately
designed to constrain total catch during the year for all species. To
that end, the Council's Groundfish Management Team (GMT) incorporated
additional new data from WCGOP, released in October 2007, and the most
recently available state logbook data on trawl fishing areas. Based on
2007 fishery landed catch information received to date and on WCGOP
data in combination with new logbook data, the GMT recommended that the
Council consider measures to protect canary rockfish in 2008 that
primarily focused on adjustments to the trawl RCA boundaries coastwide.
Incidental catch of canary rockfish is of higher concern in the non-
whiting trawl fishery compared to incidental catch of other overfished
species because they are a shelf species that commonly co-occur with
target species taken with trawl gear. Canary rockfish are the most
constraining of the overfished species, based on incidental catch
projections in the non-whiting trawl fishery. A GMT review of the trip
limits implemented for target species in 2007 found that arrowtooth
flounder was the primary species that needed adjustments to its trip
limits in order to gain savings of canary rockfish bycatch in addition
to the savings that the GMT estimated would be achieved from modifying
the trawl RCA. Upon reviewing this analysis, the Council recommended
reducing the arrowtooth flounder trip limits for selective flatfish
gear in northern waters, and provided an RCA schedule for the remainder
of the biennial period as next described.
The Council also received the most recent Pacific Fishery
Information Network's (PacFIN) and Quota Species Monitoring (QSM) data,
which estimated catch through the end of October, and considered trip
limit adjustments based on the performance of the fishery during the
first 10 months of the biennial period.
Limited Entry Trawl Rockfish Conservation Area
North of 40[deg]10.00' N. lat. The Council determined that, in
order to constrain the incidental catch of canary rockfish and to
prevent exceeding the 2008 canary rockfish OY, the limited entry trawl
RCA north of 40[deg]10.00' N. lat. should be modified, using a similar
approach to what was ultimately implemented in April 2007 (72 FR 19390,
April 18, 2007). In some areas, the RCA would be expanded to eliminate
fishing opportunity where trawl data shows higher canary rockfish
bycatch rates, shifting fishing effort to depths exhibiting relatively
lower canary rockfish bycatch rates. In some areas, the RCA would be
liberalized to allow effort shifts and targeting opportunities in
depths with relatively lower canary bycatch rates. The Council
considered modification of the shoreward RCA boundaries in areas north
of 40[deg]10.00' N. lat. that would close or substantially restrict
areas with the highest bycatch rates, as identified from WCGOP data.
The areas of highest canary rockfish bycatch rates included the area
shoreward of the RCA north of Leadbetter Point (46[deg]38.17' N. lat.)
and the area shoreward of the RCA between Cape Arago (43[deg]20.83' N.
lat.) and Humbug Mountain (42[deg]40.50' N. lat.). The GMT analyzed the
effect of relatively greater restrictions in these areas and, based on
that analysis, recommended closing the shoreward area north of Cape
Alava (48[deg]10.00' N. lat.) in the winter. For the area between Cape
Alava south to Cape Arago where canary rockfish bycatch is relatively
lower, yet where softshell Dungeness crab can occur, the GMT
recommended a combined strategy of 75-fm (137-m) and 60-fm (110-m)
shoreward RCA boundaries throughout the year.
Trawl fishing opportunities seaward of the trawl RCA are primarily
constrained by measures intended to minimize the incidental catch of
darkblotched rockfish. Data from the NMFS trawl survey, logbook data,
and WCGOP data show that various continental slope target species and
darkblotched rockfish are found in shallower depths in the north and
move deeper toward the south. The GMT analyzed the effects of shifting
the seaward boundary of the trawl RCA shoreward to accommodate a shift
in fishing effort from nearshore to offshore waters and recommended
concentrating most fishing effort throughout the year offshore of a
boundary line approximating the 200-fm (366-m) depth contour, with some
seasonal modifications to allow greater access to petrale sole and
Other Flatfish. The Council adopted these recommendations for the
seaward boundary of the RCA to allow increased fishing opportunity in
offshore waters while maintaining RCA protections for darkblotched
rockfish.
Based on the information and analysis described above, the Council
recommended and NMFS is implementing the following changes to the trawl
RCA north of 40[deg]10.00' N. lat. for the remainder of the biennial
period: for the area north of Cape Alava, an RCA closure from the
shoreline to the boundary line approximating the 200-fm (366-m) depth
contour, with a winter modification to accommodate petrale sole
fishing, and a summer modification to accommodate greater flatfish
fishing; for the area between Cape Alava and Cape Arago, an RCA closure
from a boundary line approximating the 75-fm (137-fm) depth contour to
a boundary line approximating the 200-fm (366-fm) depth contour, with
modifications in the spring through fall months for the Cape Alava to
the Washington-Oregon border (46[deg]16.00' N. lat.) sub-area to
protect soft-shell crab and allow access to flatfish and slope target
species where canary bycatch is low, and with a winter modification to
accommodate petrale sole fishing; for the area between Cape Arago and
Humbug Mountain, an RCA closure from the shoreline to a boundary line
approximating the 200-fm (366-m) depth contour, with a winter
modification to accommodate petrale sole fishing; and for the area
between Humbug Mountain and 40[deg]10.00' N. lat., an RCA closure from
a boundary line approximating the 75-fm (137-fm) depth contour to a
boundary line approximating the 200-fm (366-fm) depth contour, with a
winter modification to accommodate petrale sole fishing.
South of 40[deg]10.00' N. lat. Trawl effort seaward of the trawl
RCA is primarily constrained by incidental catch of darkblotched
rockfish. Incidental catch of darkblotched rockfish between
40[deg]10.00' N. lat. and 38[deg] N. lat. was lower than originally
predicted at the start of the biennial period. The Council determined
that liberalizing the seaward boundary of the trawl RCA during winter
in this area would allow increased targeting opportunities while
keeping darkblotched rockfish within the 2008 OY. This would also
establish a constant seaward boundary of the trawl RCA. Therefore, the
Council recommended and NMFS is implementing an adjustment of the
seaward boundary of the trawl RCA between 40[deg]10.00' N. lat. and
38[deg] N. lat.
[[Page 71586]]
to a boundary line approximating the 150-fm (274-m) depth contour
during winter.
Limited Entry Trawl Trip Limits
North of 40[deg]10.00' N. lat. In addition to RCA modifications
north of 40[deg]10.00' N. lat., the Council determined that cumulative
limits in the limited entry trawl fishery should be modified to: Reduce
total impacts and keep canary rockfish within the 2008 OY; provide
increased access to target species in areas with lower canary bycatch
rates; reduce a restriction by allowing fishermen increased
opportunities to harvest available healthy stocks; reduce complexity of
the cumulative limit structure and provide year round fishing
opportunity; eliminate targeting of species subject to rebuilding
requirements; reduce unnecessary discards; and reduce overall catches
to keep stocks within their 2008 OYs.
The Council considered various combinations of cumulative limit
adjustments paired with RCA modifications and area closures to reduce
fishery impacts to canary rockfish. As with the RCA boundary revisions,
the Council's GMT analyzed revisions to trip limits intended to shift
fishing effort away from areas where canary rockfish are more commonly
taken as bycatch. The Council considered and recommended a more
conservative schedule of RCA boundaries, and, when paired with the
reductions that had been made to other target species taken with
selective flatfish trawl gear in April 2007, there were few additional
trip limit reductions necessary to keep the fisheries within the 2008
canary rockfish OY. As a result, the Council recommended reducing
arrowtooth flounder limits taken with selective flatfish trawl gear
north of 40[deg]10.00' N. lat. because arrowtooth flounder are a target
species more highly associated with canary rockfish bycatch and
selective flatfish trawl gear is used to target arrowtooth shoreward of
the trawl RCA, where canary rockfish bycatch rates are highest. The
Council also recommended continuing the reduction in sablefish
cumulative limits taken with selective flatfish trawl implemented in
April 2007. Reducing these limits is estimated to reduce impacts on
canary rockfish from status quo management measures.
In April 2007, arrowtooth flounder cumulative limits for all gear
types were combined into a single cumulative limit with Other Flatfish
north of 40[deg]10.00' N. lat. to reduce total catch and, in turn,
reduce impacts on canary rockfish. The most recently available catch
data indicate that an unintentional consequence of this combined limit
was that arrowtooth was being discarded for other higher-priced species
in the combined cumulative limit. Therefore, the Council considered
separating these limits to eliminate unnecessary discards, in
conjunction with reducing canary rockfish impacts with gear-specific
reductions in trip limits.
To reduce the negative economic impacts of decreases to arrowtooth
flounder cumulative limits taken with selective flatfish trawl gear
north of 40[deg]10.00' N. lat., the Council recommended increasing
Dover sole cumulative limits taken with selective flatfish trawl gear
in that area. Dover sole are a target species not strongly associated
with incidental catch of canary rockfish. The Council also recommended
increasing arrowtooth flounder cumulative limits taken seaward of the
RCA with large footrope trawl gear north of 40[deg]10.00' N. lat. to
provide additional fishing opportunity for these healthy target species
in waters where they are least likely to co-occur with canary rockfish.
In combination with the schedule of RCAs recommended by the Council and
described above, the GMT projected that an increase in the Dover sole
limits using selective flatfish trawl gear could be accommodated in the
nearshore areas that remain open without exceeding the 2008 canary
rockfish OY, and an increase in the arrowtooth flounder cumulative
limit using large and small footrope trawl gear could be accommodated
in offshore areas without exceeding the 2008 darkblotched rockfish OY.
The Council also considered whether decreases in cumulative limits
for petrale sole taken with selective flatfish trawl gear might reduce
fishery impacts on canary rockfish. However, the Council concluded that
the schedule of RCAs described above are adequate to protect the canary
rockfish OY while maintaining the overall catch limits of petrale sole
for the year in the nearshore areas that remain open.
Based on these analyses, the Council recommended and NMFS is
implementing changes in the limited entry trawl flatfish fishery north
of 40[deg]10.00' N. lat. for the remainder of the biennial period that
increase arrowtooth flounder trip limits for waters offshore of the
trawl RCA, yet decrease arrowtooth flounder trip limits in the area
shoreward of the trawl RCA and for selective flatfish trawl gear, and
that stabilize Dover sole and Other Flatfish cumulative limits
throughout the year, also with greater Dover sole opportunities
offshore than nearshore, beginning January 1, 2008.
In 2007, landings and total mortality estimates were lower than had
been initially estimated for continental slope species Dover sole,
longspine and shortspine thornyheads, and sablefish (DTS complex
species) taken seaward of the trawl RCA with large and small footrope
trawl gear north of 40[deg]10.00' N. lat. and limits for these DTS
species were increased inseason in 2007. Under status quo regulations,
total catch projections for these species are estimated to be below the
2008 OYs. Therefore, the Council developed a strategy for the remainder
of the biennial period to re-distribute catch levels for DTS species
more evenly over the entire period, reducing complexity in the
cumulative limit structure and providing year round fishing
opportunity. As discussed above, the Council recommended a stabilized
trip limit strategy for Dover sole, beginning January 1, 2008. Dover
sole is broadly distributed over a wide range of depths, and associates
both with Other Flatfish species and, in deep water with the other
species in the DTS complex. Consistent with its 2008 strategy for
flatfish, the Council also recommended, and NMFS is implementing, a DTS
complex strategy of stabilizing trip limits throughout the year and
maintaining low status quo trip limits in offshore areas where
overfished species are less likely to be taken, beginning January 1,
2008.
In March 2007, the Council recommended and NMFS implemented a
decrease in the minor slope and darkblotched rockfish combined
cumulative limit north of 40[deg]10.00' N. lat. to reduce the impact of
greater effort occurring in offshore areas where darkblotched rockfish
are found, and considered how increased trawl effort seaward of the RCA
would affect the incidental impacts to Pacific ocean perch (POP);
however, inseason adjustments were anticipated to keep POP total catch
well within its 2007 OY of 150 mt (72 FR 19390, April 18 2007). At its
November 2007 meeting, the Council considered continuing the lower
minor slope and darkblotched rockfish limits for the remainder of the
biennial period, since management measures that shift fishing effort
into deeper waters to protect canary rockfish can also increase bycatch
of deepwater overfished species, such as darkblotched and POP. To
prevent vessels from targeting darkblotched rockfish and POP, the
Council recommended and NMFS is implementing a strategy for the
remainder of the biennial period for
[[Page 71587]]
slope rockfish species taken north of 40[deg]10.00' N. lat. that,
beginning January 1, 2008, maintains the lower status quo trip limits.
South of 40[deg]10.00' N. lat. The Council determined that
cumulative limits in the limited entry trawl fishery south of
40[deg]10.00' N. lat. should be modified to: reduce unnecessary
discards; reduce a restriction by allowing fishermen increased
opportunities to harvest available healthy stocks; and, reduce
complexity of the cumulative limit structure and provide year round
fishing opportunity.
In May 2007, arrowtooth flounder cumulative limits were combined
into a single cumulative limit with Other Flatfish south of
40[deg]10.00' N. lat. to increase targeting flexibility while reducing
total catch. The most recently available catch data indicate that an
unintentional consequence of this combined limit was that arrowtooth
was being discarded for other higher-priced species in the combined
cumulative limit. As in the north, the Council recommended separating
these limits to eliminate unnecessary discards by setting the
cumulative limit for the year as it was set prior to inseason changes
in May 2007.
In addition, the Council considered the strategy of separate
chilipepper rockfish limits for the remainder of the biennial period.
Chilipepper rockfish are an abundant species taken in common with other
rockfish in the southern shelf rockfish complex. Based on the most
recently available WCGOP data, chilipepper rockfish are being regularly
discarded under current trip limits for small footrope trawl gear south
of 40[deg]10.00' 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. In June 2007, the Council recommended and NMFS implemented
an increase in chilipepper rockfish limits to allow some of this
discard to be retained while keeping limits low enough to prevent
targeting, and a modest increase in monthly limits for small footrope
trawl gear south of 40[deg]10.00' N. lat. (72 FR 36617, July 5, 2007).
Catch estimates indicate that targeting did not occur under this higher
limit, and there was little increase in the catch of co-occurring
bocaccio and widow rockfish. At their November 5-9 meeting, the Council
considered increasing chilipepper limits, and catch projections
estimate that less than 54 percent of the 2008 bocaccio OY and less
than 79 percent of the 2008 widow rockfish OY will be obtained for
either bocaccio or widow rockfish by the end of 2008 with these
changes. This means that, even if catch of chilipepper rockfish were to
increase in 2008, and higher than expected bycatch of bocaccio and
widow rockfish occurs, bocaccio and widow rockfish total catch would
still remain within their 2008 OYs.
Therefore, the Council recommended and NMFS is implementing a
fishing strategy for the remainder of the biennial period for both
arrowtooth flounder and chilipepper rockfish for the limited entry
trawl fishery south of 40[deg]10.00' N. lat. that separates arrowtooth
flounder from Other Flatfish limits, beginning January 1, 2008 and that
increases the chilipepper rockfish limits using small footrope trawl
gear to 2,000 lb (907 kg) per two months, beginning January 1, 2008.
In 2007, landings and total mortality estimates were lower than had
been estimated preseason for DTS complex species and Other Flatfish
south of 40[deg]10.00' N. lat. and limits for these species were
increased inseason. If the limits for DTS complex species were
maintained for early 2008, total catch projections were estimated to be
below the 2008 OYs for these species. In addition, status quo
cumulative limits for DTS complex species and Other Flatfish would ramp
up throughout the year, providing less fishing opportunity early in the
year. Therefore, the Council recommended and NMFS is implementing a
strategy for DTS complex species and Other Flatfish taken with trawl
gear south of 40[deg]10.00' N. lat. to stabilize tip limit levels for
these species throughout the year, with lower limits for sablefish in
winter months, beginning January 1, 2008.
At its March 2007 meeting, the Council received preliminary
landings data indicating higher than expected petrale sole catch
through February and recommended reducing summer petrale sole trip
limits coastwide to keep total catch within the 2007 petrale sole OY.
At its November 2007 meeting, the Council considered the most recent
fishery data and performance of the 2007 fishery and did not recommend
this strategy for the remainder of the biennial period. Instead, the
Council recommended and NMFS is implementing petrale sole trip limits
south of 40[deg]10.00' N. lat. equivalent to the levels established at
the beginning of the biennial period and continuing the status quo
strategy of providing greater petrale sole fishing limits in the
offshore areas in winter months, when overfished species bycatch is
lowest.
Trip limits for minor slope and darkblotched rockfish south of
38[deg] N. lat. were increased inseason in 2007 after the Council
considered data at their September meeting indicating that only 16
percent (286 mt out of 1,786 mt) of the 2007 minor slope rockfish OY
south of 38[deg] N. lat. was expected to be taken through the end of
2007. At their November 2007 meeting, the Council considered the most
recent fishery data and performance of the 2007 fishery and recommended
continuing higher trip limits and stabilizing limits for minor slope
and darkblotched rockfish for the remainder of the biennial period to
allow fishermen to access available healthy stocks while keeping catch
of overfished and depleted species within 2008 OYs. Darkblotched
rockfish and POP are overfished slope species within this complex;
however, these species are much less abundant south of 38[deg] N. lat.
Yelloweye rockfish, impacts to which are of concern in hook-and-line
fisheries like the California recreational fishery, are rarely taken in
trawl fisheries. Therefore, the Council recommended and NMFS is
implementing a strategy that stabilizes the combined cumulative limit
for minor slope and darkblotched rockfish south of 38[deg] N. lat. at
55,000 lb (24,948 kg) for the remainder of the biennial period.
Limited Entry Fixed Gear Trip Limits South of 40[deg]10.00' N. Lat.
As described in the section above (Limited Entry Trawl Trip Limits
South of 40[deg]10.00' N. lat.), chilipepper rockfish are an abundant
species taken in common with other rockfish in the southern shelf
rockfish complex. Chilipepper rockfish taken in the limited entry fixed
gear fishery south of 40[deg]10.00' N. lat. were removed from the
combined cumulative limit for minor shelf rockfish, shortbelly and
widow rockfish at the beginning of the 2005 fishing season to allow
increased targeting opportunities. In June 2007, the Council received a
request to recombine chilipepper rockfish into the combined cumulative
limit to allow increased targeting opportunities and reduced discards.
The Council had concerns, however, with the impacts to overfished
species that might occur from combining chilipepper rockfish cumulative
limits into a single cumulative limit with minor shelf rockfish,
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. At their November 2007 meeting,
the Council discussed recombining chilipepper rockfish into a single
[[Page 71588]]
combined cumulative limit, but with a sub-limit for all species other
than chilipepper rockfish, to constrain catch of overfished species in
the combined limit but allow additional opportunity for chilipepper
rockfish. Therefore, the Council recommended and NMFS is implementing
the following trip limit changes for the limited entry fixed gear
fishery between 40[deg]10.00' N. lat. and 34[deg]27.00' N. lat.: modify
the chilipepper rockfish limit of 2,000 lb (907 kg) per two months by
recombining it into a single combined cumulative limit with minor shelf
rockfish, shortbelly, widow rockfish and bocaccio, and increase the
trip limit from 500 lb (267 kg) per two months to ``2,500 lb (1,134 kg)
per two months of which no more than 500 lb (267 kg) per two months may
be any species other than chilipepper rockfish,'' beginning January 1,
2008.
In June 2007, the Council recommended a short term increase in
shortspine thornyhead cumulative limits south of 34[deg]27.00' N. lat.
during Period 4 (July 1 through August 31). The Council had considered
whether increases in effort in this area could result in higher
incidental catches of sablefish and other species; however, estimates
at that time showed that sablefish catches in this area were actually
lower than had been estimated preseason for 2007. In September 2007,
the most recent catch data indicated that the Period 4 increases in the
shortspine thornyhead cumulative limit did not result in a large effort
shift, and only slightly increased the catch rate in this area.
Therefore, the Council recommended continuing the Period 4 increases to
the shortspine thornyhead cumulative limit south of 34[deg]27.00' N.
lat. through the end of 2007. At the November 2007 Council meeting, the
GMT recommended continuing the higher limit for the remainder of the
biennial period because a change in behavior relative to the 2007
fishing season is not expected. Therefore, the Council recommended, and
NMFS is implementing the following changes for the limited entry fixed
gear fishery south of 34[deg]27.00' 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, beginning January 1, 2008.
Open Access Fishery Management Measures
At their June 2007 meeting, the Council recommended and NMFS
implemented an increase in the daily and weekly limits in the open
access sablefish daily trip limit (DTL) fishery south of 36[deg] N.
lat. on August 1. The most recent catch information indicates that
there have been increased sablefish landings in this area in 2007. In
November 2007, the GMT compared current trip limits with historical
catches and trip limits. An analysis of 2003 through 2006 catch
information indicates that increased effort and increased per-vessel
catch have been responsible for the increased landings of sablefish in
this area, in particular after the August 1, 2007, increases in daily
and weekly trip limits. If catch rates seen during 2007 were to
continue for the remainder of the biennial period, the 2008 sablefish
OY could be exceeded. The Council considered decreasing the weekly
limits to 800 lb (363 kg) and implementing a two month cumulative limit
of 2,400 lb (1,089 kg) per two months to keep catch projections within
the 2008 sablefish OY; however, industry testimony stated that
introducing a two month cumulative limit would force many long-time
fishermen out of this fishery.
The Council also considered using differential trip limits for open
access sablefish north and south of 36[deg] N. lat. to control shifts
in effort that were seen in 2007. The Council discussed keeping weekly
and daily limits equal to deter effort shifts; however, the bimonthly
limit north of 36[deg] N. lat. and the lack of a bimonthly limit south
of 36[deg] N. lat. will likely cause a shift of some effort to the
south even when daily and weekly limits are equal. The GMT reviewed
sablefish catch projections relative to overfished species impacts and
an increase in trip limits can be accommodated north of 36[deg] N.
lat., which may reduce incentives for fishermen to shift their effort
south where there is no bi-monthly limit for sablefish. Therefore, the
Council recommended, and NMFS is implementing a sablefish limit
strategy for the open access fishery that decreases the sablefish DTL
limits south of 36[deg] N. lat. from ``350 lb (159 kg) per day, or 1
landing per week of up to 1,050 lb (476 kg)'' to ``300 lb (136 kg) per
day, or 1 landing per week of up to 700 lb (318 kg)'', and increases
the sablefish DTL limits north of 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 lbs (136 kg) per
day, or 1 landing per week up to 800 lbs (363 kg), not to exceed 2,400
lbs per two months,'' beginning January 1, 2008.
Tribal Fishery Management Measures
At their November 2007 meeting, the Council was informed of
unnecessary discards of lingcod in tribal fisheries as they reached
their lingcod limits in some sectors of the fishery. Other sectors
reduced target opportunities on associated species to avoid unnecessary
lingcod discards. The tribes proposed to change lingcod management in
2008 to avoid unnecessary discards of lingcod. Rather than maintaining
the current trip limits of 1,000 lb (454 kg) per day and 4,000 lb
(1,814 kg) per week in the troll fishery and 600 lb (272 kg) per day
and 1,800 lb (816 kg) per week for all other sectors, the tribes will
manage all tribal fisheries to stay within an expected total lingcod
catch of 250 mt. The tribes will continue to manage their fisheries to
stay within the current catch estimates of canary and yelloweye
rockfish impacts, regardless of any new targeting strategies for
lingcod.
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 biennial 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. 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 and tribal groundfish fisheries off Washington, Oregon, and
California.
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Changes to cumulative limits for the remainder of the biennial
period in the limited entry non-whiting trawl fishery and to the trawl
RCA north of 40[deg]10.00' N. lat. are based on the most recently
available fishery information and must be implemented by January 1,
2008 to adequately constrain the projected bycatch of canary rockfish,
a groundfish species that is currently subject to rebuilding
requirements, and to provide increased access to fishing in areas with
lower canary rockfish bycatch rates. The projected bycatch of canary
rockfish must be reduced in order to keep coastwide fisheries from
exceeding that species rebuilding OY. Shoreward boundaries of the trawl
RCA and cumulative limit adjustments for arrowtooth flounder caught
with selective flatfish trawl gear must be restricted to lower canary
rockfish impacts. Seaward boundaries of the trawl RCA and cumulative
limit adjustments for the following species must be liberalized to
relieve a restriction and allow fishing opportunities in areas where
fishing can occur with relatively lower canary rockfish impacts:
arrowtooth flounder using large and small footrope trawl gear; and
Dover sole using selective flatfish trawl gear. Changes to the trawl
RCA to reduce the bycatch of canary and darkblotched rockfish must be
implemented by January 1, 2008, so that the total catch of canary and
darkblotched rockfish stays within their 2008 OYs, as defined in the
rebuilding plan for this species. It would be contrary to the public
interest to wait to implement these RCA revisions until after public
notice and comment, because making this regulatory change as soon as
possible relieves a regulatory restriction for fisheries that are
important to coastal communities.
Liberalizing the seaward boundary of the limited entry trawl RCA
between 40[deg]10.00' N. lat. and 38[deg] N. lat. and changes to all
other cumulative limits in the non-whiting commercial fisheries must be
implemented in a timely manner to: reduce a restriction by allowing
fishermen increased opportunities to harvest available healthy stocks;
reduce complexity of the cumulative limit structure and provide year
round fishing opportunity; eliminate targeting of species subject to
rebuilding requirements; reduce unnecessary discards; and reduce
overall catches to keep stocks within their 2008 OYs. Changes to
commercial cumulative limits for the following stocks must be
implemented in a timely manner by January 1, 2008: (1) sablefish,
longspine thornyhead, shortspine thornyhead, Dover sole, Other
Flatfish, petrale sole, arrowtooth flounder, Pacific ocean perch (POP),
chilipepper rockfish, and minor slope rockfish in the limited entry
trawl fishery; (2) chilipepper and shortspine thornyheads in the
limited entry fixed gear fishery; and (3) sablefish in the open access
daily trip limit fishery. Some of these changes allow fishermen an
opportunity to harvest higher trip limits for stocks with lower than
expected projected catch, and open some areas seaward of the trawl RCA
south of 40[deg]10.00' N. lat. based on availability of incidentally
caught overfished species; therefore, it would be contrary to the
public interest to fail to increase these limits and open these areas
to reduce the current restrictions in a timely manner. Some of these
changes implement restrictions for target species to keep 2008
projected total mortality for these species within their 2008 OYs.
Changes in cumulative limits for the following species do not result in
a total reduction or increase in per-vessel catch, but re-distribute
cumulative limits to provide more stable year round fishing
opportunities: (1) petrale sole and (2) Other Flatfish taken with
selective flatfish trawl gear in the limited entry trawl fishery north
of 40[deg]10.00' N. lat.; and, (3) Dover sole in the limited entry
trawl fishery south of 40[deg]10.00' N. lat. Changes in cumulative
limits for minor slope rockfish and POP to eliminate targeting
opportunities for darkblotched rockfish and POP must be implemented as
close as possible to January 1, 2008, so that the total catch of
darkblotched rockfish and POP stay within their 2008 OYs, as defined in
the rebuilding plans for these species. All of these cumulative limit
changes keep projected mortality for overfished species within current
estimates.
Changes to lingcod trip limits in the tribal fishery must be
implemented in a timely manner to: reduce unnecessary discards; and
reduce a restriction by allowing fishermen in the tribal fishery
increased flexibility in lingcod targeting opportunities. Changes to
tribal lingcod cumulative limits are within projected mortality for
overfished species.
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 reduces regulatory
restriction for fisheries that are important to coastal communities and
fishery participants. 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, Reporting and
recordkeeping requirements.
Dated: December 11, 2007.
Emily H. Menashes,
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. In Sec. 660.385 paragraph (c) is revised to read as follows:
Sec. 660.385 Washington coastal tribal fisheries management measures.
* * * * *
(c) Lingcod. Lingcod taken in the treaty fisheries are subject to
an overall expected total lingcod catch of 250 mt.
* * * * *
0
3. Tables 3 (North), 3 (South), 4 (South), 5 (North), and 5 (South) to
part 660 subpart G are revised to read as follows.
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[FR Doc. 07-6077 Filed 12-17-07; 8:45 am]
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