[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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