[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Rules and Regulations]
[Pages 21057-21071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8405]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060824226-6322-02]
RIN 0648-AW58


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 and recreational Pacific Coast groundfish 
fisheries. 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) May 1, 2008. Comments on this 
final rule must be received no later than 5 p.m., local time on May 19, 
2008.

ADDRESSES: You may submit comments, identified by RIN 0648-AW58 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); October 4, 2007 (72 FR 
56664); December 4, 2007 (72 FR 68097); and December 18, 2007 (72 FR 
71583).
    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 March 10-14, 2008, meeting in 
Sacramento, California. The Council recommended adjustments to current 
groundfish management measures to respond to updated fishery 
information and other inseason management needs.

Limited Entry Non-Whiting Trawl Fishery Management Measures

    At its March 2008 meeting, the Council received new data and 
analyses on the catch of groundfish in the limited entry trawl fishery. 
The Council's recommendations for revising 2008 trawl fishery 
management measures focused on modifying the RCA boundary lines and 
trip limits to move vessels away from areas where canary rockfish most 
commonly co-occur with more abundant groundfish stocks, and considered 
the resulting effects of the movement of the fleet on darkblotched 
rockfish.
    According to the most recently available West Coast Groundfish 
Observer Program (WCGOP) data, released in late January, 2008, bycatch 
rates for canary rockfish using selective flatfish trawl gear north of 
40[deg]10.00' N. lat. were much higher in 2006 than had been 
anticipated. By applying these new bycatch rates to landings of target 
species in the existing fishery bycatch model, NMFS concluded that the 
2006 canary rockfish OY had been exceeded by approximately 10 mt. While 
estimated 2007 total catch of canary rockfish has yet to be determined, 
higher than anticipated bycatch rates in the north by selective 
flatfish trawls would be expected to continue in 2008. Based on 2006 
WCGOP data indicating higher canary rockfish bycatch rates using 
selective flatfish trawls north of 40[deg]10.00' N. lat., NMFS believes 
that the canary rockfish OY could be exceeded in 2008 under status quo 
regulations. The 2008 regulatory measures were developed assuming a 
canary rockfish bycatch rate that now has been determined to be too 
low, which results in an underestimate in the predicted impacts to 
canary rockfish. In order to keep catch levels within the canary 
rockfish OY, inseason adjustments are necessary to constrain incidental 
canary rockfish catch in the limited entry non-whiting trawl fishery.
    The Council considered several options available to reduce impacts 
on canary rockfish in the non-whiting limited entry trawl fishery north 
of 40[deg]10.00' N. lat. closer to harvest levels initially projected 
for the fisheries during development of the 2008 management measures: 
(1) the modification of trawl cumulative limits; and (2) modifications 
of the trawl RCA boundaries using some of the management area 
boundaries and

[[Page 21058]]

commonly used geographic coordinates, defined at 50 CFR 660.302 under 
``North-South management area'', to provide more area-specific 
management measures on portions of the coast with differential canary 
rockfish bycatch rates. Use of management area boundaries and commonly 
used geographic coordinates for more area-specific management measures 
were first implemented inseason on April 18, 2007 (72 FR 19390). For 
2009-2010, the Council has recommended the development of other tools, 
such as more refined area closures, similar to the yelloweye rockfish 
RCAs, but concluded that implementing these types of closures would not 
be routine management measure changes under either the FMP at 6.2.D or 
Federal regulations at 50 CFR 660.370(c).
    The Council considered several combinations of available management 
measures and looked at the projected impact of these measures on the 
resource and the fishery. In order to keep projected impacts of the 
non-whiting trawl fishery on canary rockfish within the 2008 OY, and to 
allow fishing opportunities in geographic areas with low canary 
rockfish bycatch, several modifications to the limited entry non-
whiting trawl fishery regulations were recommended, including: (1) 
modification of the trawl RCA boundaries with continued use of 
latitudes of interest to have more area specific restrictions; (2) 
reduction in cumulative limits for some species using selective 
flatfish trawl gear; and (3) increasing opportunities for sablefish and 
shortspine thornyheads in areas seaward of the trawl RCA.

Rockfish Conservation Area Boundaries

    In March 2007, the Council considered 2005 WCGOP data and the 
canary rockfish bycatch rates associated with portions of the coast and 
made fine scale spatial closures based on that analysis. Based on the 
2005 WCGOP data, the areas of the coast with the highest canary 
rockfish bycatch rates were: the area shoreward of the RCA north of 
Cape Alava; the area shoreward of the RCA between Leadbetter Point and 
the Washington/Oregon border; and the area shoreward of the RCA between 
Cape Arago and Humbug Mountain.
    Based on analysis of 2006 WCGOP data, in relation to 2005 WCGOP 
data, canary rockfish bycatch rates differ annually in each area of the 
coast. Based on the 2006 WCGOP data, the areas of the coast with the 
highest canary rockfish bycatch rates were distributed slightly 
differently than in 2005: the area shoreward of the RCA between Cape 
Alava (48[deg]10.00' N. lat.) and Leadbetter Point (46[deg]38.17' N. 
lat.), and the area shoreward of the RCA between Humbug Mountain 
(42[deg]40.50' N. lat.) and 40[deg]10.00' N. lat. Therefore, a slightly 
broader scale approach to the area specific management measures was 
considered in March 2008, compared to March 2007.
    Incorporating the 2006 WCGOP data using a weighted average 
approach, as done in previous years, resulted in the following areas of 
the coast with the highest bycatch rate of canary rockfish relative to 
target species taken in the non-whiting trawl fishery: the area 
shoreward of the RCA north of the Columbia River (46[deg]16.00' N. 
lat.); and the area shoreward of the RCA between Cape Arago 
(43[deg]20.83' N. lat.) and 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, portions of the limited entry trawl RCA north of 
40[deg]10.00' N. lat. should be expanded shoreward, so that the RCA's 
shoreward boundary is no deeper than a line approximating the 60-fm 
(110-m) contour in the area north of the Washington/Oregon border and 
in the area between Cape Arago and 40[deg]10.00' N. lat. This RCA 
expansion is expected to have a dual effect of eliminating fishing 
opportunity in areas with trawl efforts exhibiting higher canary 
rockfish bycatch rates, as well as shifting fishing effort to areas 
exhibiting relatively lower canary rockfish bycatch rates. The RCA 
expansion is based on refined modification of the shoreward RCA 
boundaries in areas north of 40[deg]10.00' N. lat. and will restrict 
areas with the highest bycatch rates, as identified from a weighted 
average that incorporates 2005 and 2006 WCGOP data. The Council's 
Groundfish Management Team (GMT) analyzed the effect of relatively 
greater restrictions within these two areas and, based on that 
analysis, recommended expanding the shoreward boundary of the trawl RCA 
to a line approximating the 60-fm (110-m) contour during the summer in 
the area between Cape Alava and the Oregon/Washington border and 
between Humbug Mountain and 40[deg]10.00' N. lat. The Council also 
considered various alternatives that kept the shoreward boundary of the 
RCA at a line approximating the 75-fm (137-m) depth contour for 
portions of the year in the following areas of the coast: between 
Leadbetter Point and the Oregon/Washington border; and between Humbug 
Mountain and 40[deg]10.00' N. lat. to reduce the disproportionate 
impact these area restrictions would have on vessels based in various 
ports along the Washington and Oregon coasts. However, the necessary 
reductions in cumulative trip limits required to keep these areas open 
shoreward of a line approximating the 75-fm (137-m) depth contour in 
summer months would make trawling with selective flatfish gear not 
economically viable for many participants in the non-whiting trawl 
fishery.
    In order to reduce economic impacts on vessels that formerly 
operated in the nearshore fishing areas, the Council supported 
liberalization, where possible, of the seaward boundary of the RCA in 
order to provide open fishing areas of relatively low canary bycatch to 
accommodate a shift in fishing effort from nearshore to offshore 
waters. The benefits of shifting effort offshore are twofold: since the 
highest rates of canary bycatch occur in the areas shoreward of the 
RCA, shifting effort seaward of the RCA further reduces the effort in 
the nearshore areas that remain open, thus reducing the amount of 
canary rockfish caught in those areas; and some displaced vessels whose 
effort was concentrated in the areas that are restricted may be able to 
shift their effort seaward of the RCA and remain in the fishery.
    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 anecdotal information from the trawl industry shows that various 
target species and darkblotched rockfish are found in shallower depths 
in the north and move deeper toward the south. The Council considered 
available data, which indicated that darkblotched rockfish have a 
relatively low bycatch rate outside of a line approximating the 150-fm 
(274-m) depth contour between the Oregon/Washington border and Cape 
Falcon (45[deg]46.00' N. lat.) a relatively high bycatch rate between 
Leadbetter Point and the Oregon/Washington border. The 2008 
darkblotched rockfish OY is 330-mt, 40-mt higher than in 2007, as the 
stock increases in biomass and approaches the rebuilding plan target 
year of 2011. The Council considered changes to the seaward boundary of 
the RCA within the context of inducing a shift in effort to areas with 
lower canary rockfish impacts, while maintaining protections for 
darkblotched rockfish to meet requirements in the rebuilding plan. 
Dividing the seaward boundary of the RCA allows more refined area 
management in response to differential darkblotched bycatch rates based 
on

[[Page 21059]]

latitudes of interest and the depth-based shift in abundance, from 
north to south, of darkblotched rockfish and target species. Minor 
adjustments to the seaward boundary of the RCA were considered to shift 
effort seaward of the RCA by provide targeting opportunity while still 
protecting 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.: between Cape Alava and the Oregon/
Washington border, the shoreward boundary is shifted shoreward to a 
line approximating the 60-fm (110-m) depth contour from September 1 
through October 31; between Leadbetter Point and the Washington/Oregon 
border, the seaward boundary is shifted seaward to a line approximating 
the 200-fm (366-m) depth contour from May 1 through June 30; between 
the Washington/Oregon border and Cape Falcon, the seaward boundary is 
shifted seaward to a line approximating the 150-fm (274-m) depth 
contour from May 1 through August 31; and between Humbug Mountain and 
40[deg]10.00' N. lat., the shoreward boundary is shifted shoreward to a 
line approximating the 60-fm (110-m) depth contour from May 1 through 
October 31.

Limited Entry Non-Whiting Trawl Trip Limits

    In addition to area closures, the Council determined that 
cumulative limits in the limited entry trawl fishery north of 
40[deg]10.00' N. lat. should be modified to reduce effort and catch of 
target species with selective flatfish trawl gear, and increase effort 
and catch of some target species with large and small footrope trawl 
gear. These modifications were designed to induce a shift in effort 
seaward of the RCA in order to reduce impacts on co-occurring canary 
rockfish and prevent exceeding the 2008 canary rockfish OY, and to 
relieve some of the restrictions that were implemented in 2007 to 
prevent exceeding the lower 2007 darkblotched rockfish OY.
    The Council considered various combinations of cumulative limit 
adjustments paired with RCA modifications to reduce 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 GMT recommended that the Council consider reducing Dover sole, 
other flatfish, and petrale sole opportunities for vessels using 
selective flatfish trawl gear, in order to provide for a disincentive 
to fish in areas where canary rockfish are found and to shift effort 
away from areas with a relatively high canary rockfish bycatch rate.
    Based on these analyses and recommendations, the Council 
recommended and NMFS is implementing a decrease in the limited entry 
selective flatfish trawl fishery cumulative limits north of 
40[deg]10.00' N. lat. beginning May 1: for Dover sole from ``50,000 lb 
per two months'' to ``40,000 lb per two months'' through August 31; for 
other flatfish from ``70,000 lb per two months'' to ``50,000 lb per two 
months'' through December 31; and for petrale sole, from ``22,000 lb 
per two months'' to ``18,000 lb per two months'' through October 31. If 
a vessel has both selective flatfish gear and large or small footrope 
gear on board during a cumulative limit period (either simultaneously 
or successively), the most restrictive cumulative limit for any gear on 
board during the cumulative limit period applies for the entire 
cumulative limit period. Therefore the trip limits for multiple trawl 
gear are modified for consistency with adjustments in trip limits for 
the above listed species and gears.
    In addition to liberalizing portions of the seaward boundary of the 
trawl RCA north of 40[deg]10.00' N. lat., the Council considered 
increasing cumulative limits for: DTS species in areas seaward of the 
RCA in order to shift more fishing effort to offshore waters; and for 
minor slope rockfish south of 40[deg]10.00' N. lat. North of 
40[deg]10.00' N. lat., the Council considered increasing limits for 
sablefish and shortspine thornyheads taken with large and small 
footrope trawl gears, which are only allowed when fishing seaward of 
the trawl RCA, to create incentives to fish in areas with lower canary 
rockfish bycatch rates, and to provide additional fishing opportunity 
under a less constraining 2008 darkblotched rockfish OY of 330 mt. 
South of 40[deg]10.00' N. lat., the Council considered increasing 
limits for minor slope rockfish, sablefish and shortspine thornyheads 
to provide additional fishing opportunity under a less constraining 
2008 darkblotched rockfish OY of 330 mt and to increase effort and 
catch of these target species seaward of the RCA. The Council 
determined that increasing trip limits for minor slope rockfish, 
sablefish, and shortspine thornyheads would help prevent exceeding the 
2008 canary rockfish OY, and reduce economic impacts, for the following 
reasons: (1) the shift in effort to areas with lower canary rockfish 
bycatch rates will reduce total coastwide incidental catch of canary 
rockfish; and (2) it may reduce the economic impacts on vessels 
displaced by nearshore fishery restrictions by providing fishing 
opportunity while also constraining incidental catch of canary 
rockfish.
    Changes to management measures to constrain the catch of canary 
rockfish will also affect the incidental catch of darkblotched rockfish 
and Pacific ocean perch (POP). Increasing incentives to fish seaward of 
the trawl RCA to reduce impacts on canary rockfish will increase effort 
in an area of known darkblotched rockfish abundance and the incidental 
catch of darkblotched rockfish is likely to increase compared to 
predicted impacts under current management measures. POP is not 
considered to be a constraining species in the limited entry trawl 
fishery; the inseason adjustments to management measures implemented by 
this action are anticipated to keep POP total catch well within its 
2008 OY of 150 mt. The Council focused its discussions of various 
continental slope actions to allow access to the increased 2008 
darkblotched rockfish OY, while keeping projected total mortality 
within the 2008 darkblotched rockfish OY. The Council's GMT analyzed 
the effects of changes in RCA boundaries, cumulative limit 
opportunities, and fishing effort on the incidental catch of 
darkblotched rockfish, and the combined effects of these actions are 
predicted to result in a total 2008 catch of darkblotched rockfish that 
is lower than the 2008 OY. Catch of darkblotched rockfish will be 
monitored and action can be taken inseason if necessary to modify the 
trawl RCA and cumulative limits to keep total catch within the 2008 
darkblotched rockfish OY.
    Based on these analyses and recommendations, the Council 
recommended and NMFS is implementing an increase in the limited entry 
trawl fishery cumulative limits taken with large and small footrope 
trawl gears coastwide beginning May 1: sablefish limits are modified 
from ``17,000 lb per two months'' to ``19,000 lb per two months'' 
through October 31, and shortspine thornyheads are modified from 
``12,000 lb per two months'' to ``25,000 lb per two months'' through 
December 31. The Council also recommended and NMFS is implementing an 
increase in the limited entry trawl fishery cumulative limits for minor 
slope and darkblotched rockfish between 40[deg]10.00' N. lat. and 
38[deg] N. lat., from ``10,000 lb per two months'' to ``15,000 lb per 
two months'' through October 31.

[[Page 21060]]

Limed Entry Non-Tribal Whiting Trawl Fishery

    The availability of overfished species as incidental catch, 
particularly canary rockfish, darkblotched rockfish, and widow 
rockfish, may prevent the industry from harvesting the entire Pacific 
whiting (whiting) OY during 2008. To allow the industry to have the 
opportunity to harvest the higher whiting OY while keeping incidental 
catch within the rebuilding OYs for the incidental species, the Council 
recommended bycatch limits for the overfished species most commonly 
taken as incidental catch in the non-tribal whiting fishery. With 
bycatch limits, the industry has the opportunity to harvest a larger 
amount of whiting, if they can do so while keeping the incidental catch 
of specific overfished species within adopted bycatch limits. 
Regulations provide for the automatic closure of the commercial (non-
tribal) portion of the whiting fishery upon attainment of a bycatch 
limit.
    In recent years, the most constraining overfished species for the 
whiting fishery have been darkblotched, canary and widow rockfish. 
Current regulations at 50 CFR 660.373 (b)(4) contained the following 
bycatch limits for the commercial sectors (non-tribal) of the whiting 
fishery: 4.7 mt for canary, 275 mt for widow, and 25 mt for 
darkblotched rockfish.
    At the March 2008 Council meeting, the GMT examined potential 
bycatch of overfished species in relation to: performance of the 2007 
non-tribal whiting fishery; other inseason management considerations; 
and the 2008 whiting OY. In 2007, the whiting primary season closed for 
the catcher processor, mothership and shore-based sectors on July 26, 
2007 (72 FR 46176) when estimates indicated that the bycatch limit for 
widow rockfish had been reached. The 2007 whiting OY was 10 percent 
lower than the OY in 2006, however, the widow rockfish bycatch limit 
was raised in 2007 to accommodate an increasing widow rockfish biomass. 
Widow rockfish are currently under a rebuilding plan, with a projected 
rebuilding year of 2015. As the widow rockfish biomass increases, 
encounter rates in the whiting trawl fishery over recent years have 
also increased. In 2007, the non-tribal whiting fishery was closed upon 
attainment of the widow rockfish bycatch limit. Subsequently, the limit 
was increased from 220 mt to 275 mt. Final catch of widow rockfish by 
the 2007 non-tribal whiting fishery was 235 mt.
    With a recommended 2008 U.S. whiting OY of 269,545 mt, and in the 
absence of any further restrictions, the bycatch of canary rockfish was 
projected to be approximately 4.0 mt, the bycatch of widow rockfish was 
projected to be approximately 364.4 mt, and the bycatch of darkblotched 
rockfish was projected to be approximately 15.4 mt. If a widow bycatch 
limit was set high enough to accommodate these projected impacts, and 
the limit was reached, the total impacts on widow rockfish combined 
with all other fisheries were projected to exceed the 2008 widow 
rockfish OY. The GMT explored mechanisms to reduce impacts on widow 
rockfish, so that bycatch limits for all species could be set at a 
level that could more likely accommodate the 2008 non-tribal whiting 
OY. Projected impacts on darkblotched rockfish, after implementation of 
all the RCA and cumulative limit adjustments in this final rule, was 42 
mt below the 2008 darkblotched rockfish OY. After conversations with 
industry about mechanisms to induce an effort shift away from widow 
rockfish, the GMT explored options that would raise the darkblotched 
rockfish bycatch limit, to increase flexibility in behavior of the non-
tribal whiting fleet, so that they can move to offshore areas if they 
encounter widow rockfish early in the season. The GMT estimated that if 
the darkblotched rockfish bycatch limit were raised from 25 mt, to 
approximately 40 mt, the projected impacts on widow rockfish would 
decrease to approximately 296 mt. After considering the projected catch 
of overfished species in all other fishing and research activities, the 
Council recommended that the canary rockfish bycatch limits for the 
non-tribal whiting fishery remain at 4.7 mt, which is the same limit 
that was available during the 2006 and 2007 primary whiting season. The 
Council recommended maintaining a widow rockfish bycatch limit of 275 
mt, the same bycatch limit that was in effect at the end of the 2007 
season. To better accommodate current incidental catch projections for 
the non-tribal whiting fishery, and to induce a shift in effort to 
areas with lower widow rockfish abundance, the Council recommended the 
darkblotched rockfish bycatch limit be raised to 40 mt. With this 
increase, the 2008 estimated total catch of darkblotched rockfish is 
still predicted to be well below the 2008 darkblotched rockfish OY of 
330 mt.
    Based on these analyses and recommendations, the Council 
recommended and NMFS is implementing an increase in the darkblotched 
rockfish bycatch limit, in the non-tribal whiting fishery, to 40 mt.

Open Access Sablefish Daily Trip Limit Fishery

    The Council discussed reducing the sablefish daily trip limit (DTL) 
fishery's cumulative limit north of 36[deg] N. lat. in anticipation of 
a large influx of fishing effort into the sablefish DTL fishery as a 
result of potential salmon fishery restrictions and closures. The 
salmon fishery in 2008 is likely to be severely constrained off the 
coasts of Oregon and California. Fishery managers have received a 
number of inquiries from salmon fishers who are interested in moving 
into the open access sablefish DTL fishery.
    In 2006, restrictions in the salmon fishery drove an influx of 
fishers into the open access sablefish DTL fishery and cumulative 
limits were reduced on May 1, 2006, (71 FR 24601) to provide a longer 
season. Catches of sablefish were higher than projected throughout the 
year, and the sablefish DTL fishery was closed north of 36[deg] N. lat. 
on October 31, 2006 (71 FR 58289).
    Only a minimal amount of hook-and-line or pot fishing gear is 
needed to participate in the sablefish DTL fishery, increasing the 
likelihood of fishers moving into this fishery. Based on the proposed 
options for salmon fishery regulations considered by the Council at 
their March meeting, the 2008 salmon season will be more restricted 
than it was in 2006. Under the current limits, a large increase in the 
number of open access sablefish DTL fishery participants could cause an 
early attainment of the open access sablefish allocation. If the 
allocation were reached, the fishery would need to be closed, as it was 
in October 2006.
    Though the open access sablefish DTL fishery could provide fishing 
opportunity for displaced salmon fishers, it would likely have a large 
effect on fishers who have historically participated in the sablefish 
fishery. Reducing the open access cumulative limit for sablefish on May 
1, 2008, is predicted to result in a longer season, which would benefit 
fishers who have historically participated in the year-round fishery.
    The Council considered various reductions to the current open 
access sablefish DTL fishery's daily, weekly, and two month limits to 
sustain the open access sablefish DTL fishery until the end of year. 
The Council considered industry comments that further reductions in the 
daily limit would jeopardize the viability of the fishery, due to 
rising fuel costs, and the GMT analysis indicated that reductions in

[[Page 21061]]

weekly limits would not impact overall sablefish catch. The Council 
recommended that the daily and weekly trip limits for sablefish remain 
the same and that the cumulative limits for sablefish be reduced to 
2,200 lb (998 kg) per two months. The Pacific Council will analyze 
effort shifts into the open access sablefish DTL fishery at their June 
8-13, 2008, meeting when new data from the fishery are available.
    Therefore, the Pacific Council recommended and NMFS is implementing 
a reduction in the open access cumulative trip limits for sablefish 
north of 36[deg] N. lat. from ``300 lb (136 kg) per day, or one landing 
per week of up to 800 lb (363 kg), not to exceed 2,400 lb (1,089 kg) 
per two months'' to ``300 lb (136 kg) per day, or one landing per week 
of up to 800 lb (363 kg), not to exceed 2,200 lb (998 kg) per two 
months'', beginning May 1.

California Recreational Fishery

    In the California recreational groundfish fishery, the California 
Department of Fish and Game (CDFG) manages yelloweye, canary, and minor 
nearshore rockfish under state harvest limits. State harvest limits 
apply to landings by recreational ocean boats, shore catch, and 
discards. In September 2007, California's recreational catch estimates 
and projections based on recent catch patterns indicated that the 
California State harvest limit for yelloweye and canary rockfish, which 
are 2.1 mt, and 9 mt, respectively, were projected to be exceeded. 
California projected that, without taking inseason action, the total 
2007 mortality from the California fishery, combined with all other 
coastwide recreational and commercial fishery impacts, would exceed the 
2007 yelloweye rockfish OY. To reduce recreational fishery impacts on 
yelloweye and canary rockfish, California closed the recreational boat-
based fisheries north of 37[deg]11' N. lat. for all Federal groundfish 
species subject to bag limits in that area, effective October 1, 2007. 
California projected that the October 1, 2007, closure would reduce the 
total mortality from the California recreational fishery to: 7.2 mt 
yelloweye rockfish; and 10.1 mt canary rockfish. CDFG presented final 
catch estimates from the 2007 recreational fishery to the Council at 
their March 2008 meeting. The final catch estimates were: 8.0 mt 
yelloweye rockfish; and 10.9 mt canary rockfish; which exceeded the 
2007 harvest guidelines for these species.
    CDFG analyzed several suites of management measures and developed a 
proposal to reduce the projected catch of these species to a level 
below the California harvest guidelines in the 2008 recreational 
groundfish season: 2.1 mt yelloweye rockfish; and 9 mt canary rockfish. 
To improve inseason tracking of catches in the California recreational 
fishery, CDFG fishery managers will be working with California 
Recreational Fishery Survey samplers to monitor the rate of catch 
accrual of yelloweye and canary rockfish, inform enforcement of ports 
with landings of prohibited species, and identify ports at which 
additional outreach and education efforts would be beneficial. CDFG 
will also be implementing five recreational Yelloweye Rockfish 
Conservation Areas in State waters, between Pigeon Point (37[deg]11' N. 
lat.) and the Oregon/California border (42[deg] N. lat.), within which 
the recreational fishery for rockfish, cabezon, greenlings, and 
lingcod, will be closed to reduce projected impacts on yelloweye 
rockfish. CDFG will also be implementing a 20-fm (37-m) depth 
restriction in the recreational fishery between Pigeon Point and the 
Oregon/Washington border (the Northern and North-Central Management 
Areas). The 20-fm (37-m) depth restriction lies primarily within State 
waters, however in some areas of the coast it extends into Federal 
water. CDFG requested that the Council adopt use of the 20-fm (37-m) 
depth restriction in Federal regulations, instead of the 30-fm (55-m) 
depth restriction currently in Federal regulations, to conform to State 
regulations. Projections indicate that this suite of management 
measures will reduce recreational fishery impacts on yelloweye rockfish 
and canary rockfish, and keep the mortality of yelloweye and canary 
rockfish within the 2008 California harvest guidelines. Shore 
fisheries, including shore-based diving, angling and spear fishing, 
were not affected by this closure, nor were fisheries not subject to 
bag limits.
    Therefore, in order to conform recreational management measures for 
Federal waters (3-200 nm) to management measures for California state 
waters (0-3 nm), the Pacific Council recommended and NMFS is 
implementing a 20-fm (37-m) depth restriction in the California 
recreational fishery between Pigeon Point and the Oregon/Washington 
border (the Northern and North-Central Management Areas) beginning May 
1, 2008.

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 taken under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), and are 
in accordance with 50 CFR part 660, the regulations implementing the 
FMP. These actions are based on the most recent data available. The 
aggregate data upon which these actions are based are available for 
public inspection at the Office of the Administrator, Northwest Region, 
NMFS, (see ADDRESSES) during business hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to the 2008 groundfish 
management measures under 5 U.S.C. 553(b)(B) because notice and comment 
would be impracticable and contrary to the public interest. Also for 
the same reasons, NMFS finds good cause to waive part of the 30-day 
delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this 
final rule may become effective May 1, 2008.
    The recently available data upon which these recommendations were 
based was provided to the Council, and the Council made its 
recommendations, at its March 10-14, 2008, meeting in Sacramento, CA. 
For the actions to be implemented in this final rule, affording the 
time necessary for prior notice and opportunity for public comment 
would prevent the Agency from managing fisheries using the best 
available science by approaching without exceeding the OYs for 
federally managed species. The adjustments to management measures in 
this document affect: commercial trawl fisheries off Washington, 
Oregon, and California; bycatch limits in the commercial non-tribal 
whiting trawl fishery; and recreational fisheries off California. These 
adjustments to management measures must be implemented by May 1, 2008, 
to: prevent exceeding the 2008 OYs for canary and yelloweye rockfish; 
prevent premature closure of fisheries; and eliminate confusion for the 
public and to improve enforcement by ensuring that Federal and state 
recreational regulations conform to each other. Changes to the 
cumulative limits in the limited entry trawl fishery and to the trawl 
RCA are needed to reduce the projected bycatch of canary rockfish, a 
groundfish species that is currently subject to rebuilding 
requirements. The projected bycatch of canary rockfish must be reduced 
in order to keep coastwide fisheries from exceeding that species's 
rebuilding OY. Changes to the trawl RCA and changes to trip limits in 
the limited entry trawl fishery for Dover sole, other flatfish, and 
petrale sole to reduce the bycatch of canary rockfish must be 
implemented in a timely manner by May 1, 2008, so that the total

[[Page 21062]]

catch of canary rockfish stays within its 2008 OY, as defined in the 
rebuilding plan for this species. Changes to cumulative limits in the 
limited entry trawl fishery for sablefish, shortspine thornyheads, and 
slope rockfish must be implemented in a timely manner by May 1, 2008, 
to: relieve a restriction and to allow fisheries to approach, but not 
exceed, the 2008 OY for darkblotched rockfish; and to induce a shift in 
effort to offshore areas where incidental catch of canary rockfish is 
lower, so that the total catch of canary rockfish stays within its 2008 
OY. A change to the non-tribal whiting fishery bycatch limit for 
darkblotched rockfish must be implemented as close as possible to the 
start of the California whiting fishery, on April 1, 2008. Ensuring 
that the increase in the darkblotched rockfish bycatch limit is in 
place by the season start date provides an opportunity for participants 
in this fishery to catch the available whiting quota without reaching 
or exceeding the bycatch limit of widow rockfish or its OY, prematurely 
closing the fishery.
    Changes to the California recreational groundfish RCA must be 
implemented in a timely manner by May 1, 2008, in order to eliminate 
confusion for the public, and to improve enforcement by ensuring that 
Federal and state recreational regulations conform to each other.
    These revisions are needed to protect overfished groundfish species 
and to keep the harvest of other groundfish species within the harvest 
levels projected for 2008, while allowing fishermen access to healthy 
stocks. Without these measures in place, the fisheries could risk 
exceeding harvest levels early in the year, causing early and 
unanticipated fishery closures and economic harm to fishing 
communities. Delaying these changes would keep management measures in 
place that are not based on the best available data and which could 
lead to early closures of the fishery if harvest of groundfish exceeds 
levels projected for 2008. 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. In addition, it is also in the 
public interest to implement the recreational measures in this document 
as soon as possible to improve enforcement and eliminate confusion for 
the public by removing differences between different regulations that 
affect the same waters and fisheries.

List of Subjects in 50 CFR Part 660

    Fishing, Fisheries, and Indian Fisheries.

    Dated: April 14, 2008.
Alan D. Risenhoover,
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.  660.373, paragraph (b)(4) is revised to read as follows:


Sec.  660.373  Pacific whiting (whiting) fishery management.

* * * * *
    (b) * * *
    (4) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be used inseason to close a sector or sectors 
of the whiting fishery to achieve the rebuilding of an overfished or 
depleted stock, under routine management measure authority at Sec.  
660.370(c)(1)(ii). These limits are routine management measures under 
Sec.  660.370(c) and, as such, may be adjusted inseason or may have new 
species added to the list of those with bycatch limits. The whiting 
fishery bycatch limits for the sectors identified in Sec.  660.323(a) 
are: 4.7 mt of canary rockfish; 275 mt of widow rockfish; and 40 mt of 
darkblotched rockfish.
* * * * *

0
3. In Sec.  660.384, paragraph (c)(3)(i)(A)(1) and (2) are revised to 
read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00' N. lat. (North Region), recreational fishing for all 
groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20 fm (37 m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through December 31; and is closed entirely from 
January 1 through April 30 (i.e., prohibited seaward of the shoreline).
    (2) Between 40[deg]10' N. lat. and 37[deg]11' N. lat. (North 
Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this 
section) is prohibited seaward of the 20-fm (37-m) depth contour along 
the mainland coast and along islands and offshore seamounts from June 1 
through November 30; and is closed entirely from January 1 through May 
31 and from December 1 31 (i.e., prohibited seaward of the shoreline). 
Closures around the Farallon Islands (see paragraph (c)(3)(i)(C) of 
this section) and Cordell Banks (see paragraph (c)(3)(i)(D) of this 
section) also apply in this area.
* * * * *

0
4. Tables 3 (North), 3 (South), 5 (North), and 5 (South) to part 660 
subpart G are revised to read as follows:
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[FR Doc. E8-8405 Filed 4-17-08; 8:45 am]
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