[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Proposed Rules]
[Pages 80516-80577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30778]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 660



Magnuson[dash]Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and 
Management Measures; Proposed Rule

  Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / 
Proposed Rules  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0809121213-81246-01]
RIN 0648-AX24


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and 
Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a rule to set the 2009-2010 harvest 
specifications and management measures for groundfish taken in the U.S. 
exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and 
California and to revise rebuilding plans for four of the seven 
overfished rockfish species, consistent with the Mangunson-Stevens 
Fishery Conservation and Management Act and the Pacific Coast 
Groundfish Fishery Management Plan. Together, the revisions to 
rebuilding plans and the 2007-2008 harvest specifications and 
management measures are intended to rebuild overfished stocks as soon 
as possible, taking into account the status and biology of the stocks, 
the needs of fishing communities, and the interaction of the overfished 
stocks within the marine environment.

DATES: Comments on this proposed rule must be received no later than 5 
p.m., local time on January 30, 2009.

ADDRESSES: You may submit comments, identified by RIN 0648-AX24 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 proposed rule is accessible via the Internet at the Office of 
the Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/.

Background

    The amount of each Pacific Coast groundfish species or species 
group that is available for harvest in a specific year is referred to 
as a harvest specification. Harvest specifications include acceptable 
biological catches (ABCs), optimum yields (OYs), and harvest guidelines 
(HGs). Harvest specifications may also include ``set-asides'' of 
harvestable amounts of fish.
    The ABC is a biologically based estimate of the amount of fish that 
may be harvested each year without affecting the sustainability of the 
resource. The ABC may be modified with precautionary adjustments to 
account for uncertainty. An OY is a target harvest level for a species 
or species groups. The OYs may be set equal to the ABC for the species 
or species group, but are often set lower as a precautionary measure. 
The Council's policies on setting ABCs, OYs, and other harvest 
specifications are discussed later in the preamble to this proposed 
rule. Proposed harvest specifications for 2009-2010 are provided in 
Tables 1a through 2c.
    Management measures being proposed for 2009-2010 work in 
combination with the existing regulations to create a management 
structure that is intended to constrain fishing so the catch of 
overfished groundfish species does not exceed the rebuilding-based OYs 
while allowing, to the extent practicable, the OYs for healthier 
groundfish stocks that co-occur with the overfished stocks to be 
achieved. In order to rebuild overfished species, allowable harvest 
levels of healthy species will only be achieved where such harvest will 
not deter rebuilding of overfished stocks. Routine management measures 
for the commercial fisheries include: Bycatch limits, trip and 
cumulative landing limits, time/area closures, size limits, and gear 
restrictions. Routine management measures for the recreational 
fisheries include bag limits, size limits, gear restrictions, fish 
dressing requirements, and time/area closures. Routine management 
measures are used to modify fishing behavior during the fishing year to 
allow a harvest specification to be achieved, or to prevent a harvest 
specification from being exceeded. The groundfish fishery is managed 
with a variety of other regulatory requirements that are not considered 
routine, and which are outside of this rulemaking and found at 50 CFR 
660, subpart G. The regulations at 50 CFR 660, subpart G include, but 
are not limited to: Long-term harvest allocations; recordkeeping and 
reporting requirements; monitoring requirements; license limitation 
programs; and essential fish habitat (EFH) protection measures. 
Together the routine management measures and regulations at 50 CFR 660, 
subpart G are used to manage the Pacific Coast groundfish fishery to 
stay within the harvest specifications identified in the rulemaking.
    The Pacific Coast Groundfish Fishery Management Plan (FMP) requires 
the Council to set harvest specifications and management measures for 
groundfish at least biennially. This proposed rule would set 2009-2010 
harvest specifications and management measures for all of the 90 plus 
groundfish species or species groups managed under the Pacific Coast 
Groundfish FMP, except for Pacific whiting. Pacific whiting harvest 
specifications are proposed as a range in this action. The Council will 
consider final Pacific whiting specifications after new stock 
assessments are prepared at the beginning of each year. The final 
specifications for 2009 and 2010 will be announced following the March 
2009 and March 2010 Council meetings, respectively.
    There are seven Pacific Coast groundfish species that are currently 
being managed under rebuilding plans established in Amendment 16-4 to 
the FMP. Amendment 16-4 was developed and approved to respond to the 
decision in Natural Resources Defense Council v. NMFS, 421 F.3d 872 
(9th Cir. 2005) [hereinafter NRDC v. NMFS]. The overfished species are: 
Bocaccio, canary rockfish, cowcod, darkblotched rockfish, Pacific Ocean 
Perch (POP), widow rockfish, and yelloweye rockfish.

[[Page 80517]]

This action proposes to revise rebuilding plans for four of the seven 
overfished groundfish species (canary rockfish, darkblotched rockfish, 
cowcod, and yelloweye rockfish), consistent with the approach taken in 
Amendment 16-4, by revising target rebuilding dates and/or harvest 
rates specified in Federal regulations at 50 CFR 660.365.
    The focus of the preamble discussion is the Council's ABC and OY 
policies for 2009 and 2010, new harvest specifications, new fishery 
specific management measures, and other issues related to the 
management of the Pacific Coast groundfish fishery in 2009 and 2010. 
Preambles to prior proposed rules have more thoroughly discussed 
bycatch accounting and reduction measures (See 67 FR 1555, January 11, 
2002; 68 FR 936, January 7, 2003; 69 FR 1380, January 8, 2004; 69 FR 
56563, September 21, 2004 for historical information on the bycatch 
model). On June 27, 2006, NMFS published a proposed rule to implement 
Amendment 18 to the FMP on bycatch mitigation (71 FR 36506.) The 
preamble to the Amendment 18 proposed rule discussed NMFS and Council 
bycatch accounting and mitigation policies, programs, and regulations. 
The preamble for the 2007 and 2008 harvest specifications and 
management measures fully described a new approach to overfished 
species management that was taken by NMFS, the Council, and state and 
tribal partners in light of NRDC v. NMFS (71 FR 57764, September 29, 
2006). The same approach has been followed in this rulemaking. Issues 
that were thoroughly discussed in previous rulemakings will only be 
briefly discussed in this preamble as they pertain to 2009-2010 
fisheries. On December 2005, NMFS published a final EIS on the 
designation of groundfish EFH and minimization of adverse fishing 
effects on EFH. (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/NEPA-Documents/EFH/-Final-EIS.cfm). The final EFH 
EIS provides information on the interactions of groundfish species with 
their physical environment. Amendment 16-4 and the 2007-2008 groundfish 
specifications and management measures expand upon the EFH EIS's 
analysis to analyze the interactions of groundfish species with each 
other and with other marine species within the California Current 
ecosystem.
    Consistent with the FMP, the socio-economic effects of this action 
on communities were analyzed to provide guidance on the effects of the 
action on fishing communities. Fishing communities need a sustainable 
fishery that is safe, well managed, and profitable, that provides jobs 
and incomes, that contributes to the local social fabric, culture, and 
image of the community, and helps market the community and its services 
and products. In its 2007-2008 recommendations for overfished species 
rebuilding plans and groundfish specifications and management measures, 
the Council was clear that it did not expect fishing community needs 
could be met. The Council took the needs of communities into account as 
it analyzed different rebuilding plans and management measures 
alternatives. As a result, the rebuilding plans, groundfish 
specifications and management measures recommended by the Council and 
adopted for 2007-2008 were expected to allow fishing businesses and 
communities to operate at a level that would provide for the continued 
existence of those fishing businesses and communities and would only 
allow opportunities for economic growth or profit if they were 
consistent with the adopted rebuilding policies. In many instances the 
harvests of healthy stocks were curtailed by the projected effects on 
overfished species. The Council used this same approach in the 
development of the 2009 and 2010 specifications and management 
measures.
    Further discussion on how the needs of fishing communities were 
taken into account can be found in the preamble to the proposed rule 
for the 2007-2008 specifications and management measures (71 FR 57765, 
September 29, 2006). The supporting DEIS for this action assesses, 
through the analysis of several rebuilding alternatives, the needs of 
groundfish fishing communities, the dependence of fishing communities 
on overfished species, and the vulnerability of fishing communities to 
further near-term reductions in groundfish harvest.

Management Measure Approach

    In considering the effects of the action on fishing communities, 
the effects of inseason fishery management changes on fishing 
communities were considered. At the start of each biennial management 
cycle, NMFS and the Council establish fishery management measures that 
are expected to allow fishers to harvest as much of the healthy species 
OYs as possible without exceeding allowable harvest levels for co-
occurring overfished species. These management measures are set using 
the best scientific information available at the time. However, as 
catch data and new scientific information may become available during 
the fishing year, NMFS and the Council's knowledge may change. Catch 
data vary in quality and abundance both before and during the season, 
and catch of the most constraining overfished species may also occur in 
fisheries not managed under the Pacific Coast groundfish FMP. Managing 
a coastwide fishery to ensure that OYs of overfished species are not 
exceeded is particularly difficult because of the low OY levels. If new 
information received during the season reveals that landings are 
occurring at a faster pace than were initially anticipated, management 
action would be needed to keep the harvest of healthy stocks and the 
incidental catch of overfished species at or below their specified OYs. 
If these inseason adjustments to management measures are dramatic, such 
as an early closure of a fishery, then the effects of management 
actions on the fishing communities can be severe.
    To prevent major inseason fluctuations in available harvest, the 
2009-2010 harvest levels account for uncertainty in order to minimize 
the potential need for dramatic inseason measures. In other words, 
currently available scientific information is used to design management 
measures that are projected to result in overfished species harvest 
levels that are somewhat lower than their OYs. This practice provides a 
buffer to account for both scientific uncertainty and unexpected 
occurrences. In general, a buffer helps prevent OYs from being 
exceeded. Even with these safeguards, information that becomes 
available during the 2009-2010 fishing year may reveal that previously 
set management measures need to be revised inseason. If that is the 
case, management measures will be appropriately adjusted inseason to 
keep harvest from exceeding OYs.

Specification and Management Measure Development Process

    The process for setting biennial specifications begins with stock 
assessments to evaluate the status of the groundfish stocks or stock 
complexes. After being prepared by a stock assessment scientist, each 
stock assessment is reviewed by the Council's stock assessment review 
(STAR) team as well as the Council's Scientific and Statistical 
Committee (SSC). The SSC reviews the stock assessments and provides 
guidance to the Council relative to the stock assessment's suitability 
for use in groundfish fishery management decision making. The SSC also 
endorses the assessments and identifies if they are the ``best 
available science'' on the stock's status. During

[[Page 80518]]

the review process for the 2009-2010 stock assessments, the SSC 
indicated that the current stock assessments were more thorough and of 
a higher quality than those used in the previous management cycles. At 
its June, September and November 2007 meetings, the Council reviewed 
the new stock assessments, stock assessment updates and rebuilding 
analyses, and made recommendations regarding the use of the various 
stock assessments for setting the 2009-2010 specifications. No new 
species were identified as overfished or approaching an overfished 
condition.
    At its November 2007 meeting, the Council adopted initial fishery 
specifications based on the new assessments and rebuilding analyses. 
These recommendations included preliminary ABCs and ranges of OYs for 
most groundfish species, and where possible, preferred OYs. As a result 
of the new stock assessments, the SSC recommended that the Council 
consider revisions to three overfished species rebuilding plans: Canary 
rockfish; darkblotched rockfish; and cowcod. At this same meeting, the 
Council provided a variety of potential management measures to be 
considered for the 2009-2010 fisheries. Over winter, the Council's 
advisory bodies met to discuss and analyze the Council's preliminary 
fishery specifications and potential management measures based on the 
initial specifications.
    At its April 2008 meeting, the Council identified its preferred 
final 2009 and 2010 ABCs for all groundfish species and species 
complexes; identified preliminary preferred OYs for most managed 
groundfish species and species complexes; adopted revised rebuilding 
plans for canary rockfish, cowcod, and darkblotched rockfish; and 
recommended a range of 2009-2010 groundfish management measure 
alternatives for analysis that were designed to keep catch levels 
within the final preferred OYs. The newly adopted rebuilding analyses 
were used to develop ranges of OY alternatives for canary rockfish, 
cowcod, and darkblotched rockfish, while the previously adopted 
rebuilding plans were used for the remaining overfished species. For 
each individual overfished species a range of OY alternatives was 
described by the target year to rebuild (TTARGET), median 
time to rebuild, a spawning potential ratio (SPR = the ratio of the 
equilibrium spawning output per recruit under fished conditions to the 
spawning output per recruit under no fishing), the maximum time to 
rebuild (TMAX), and probability of rebuilding by 
TMAX (PMAX). An OY alternative that eliminated 
fishing-related mortality beginning in 2009 (TF=0) was 
considered for each overfished species. By developing individual 
overfished species OY, the tradeoffs between the amount of allowable 
harvest, alternative rebuilding periods, and fishing constraints 
relative to a particular overfished species could be identified.
    Prior to 2007, the Council was provided with analyses on preferred 
OYs for each overfished species in isolation from other species rather 
than considering how different overfished species OYs might affect or 
constrain other overfished species. Beginning with Amendment 16-4 and 
the 2007 and 2008 specifications and management measures and continued 
for 2009 and 2010, individual overfished species OYs were integrated 
into rebuilding OYs that more explicitly took the interaction of the 
overfished species within the marine ecosystem into consideration. The 
interrelated nature of Pacific Coast groundfish stocks makes this 
consideration necessary. The degree of interaction between overfished 
species and other stocks is such that ``rebuilding as quickly as 
possible while taking into account the needs of fishing communities'' 
is not possible based solely on a species-by-species approach. To 
consider the needs of the fishing communities and the status and 
biology of the stocks, the 2009 and 2010 specifications for overfished 
species were considered in an integrated manner as was done in 2007 and 
2008.
    To build integrated rebuilding OY alternatives, the individual 
overfished species OYs were arranged in strategic combinations that 
could be analyzed to assess how changes in harvest availability of the 
various overfished species would constrain fishing opportunities by 
sector, north and south of 40[deg]10' N. lat. (N. lat.), and on the 
continental shelf and slope. The rebuilding OY alternatives were 
arranged to show how fishing opportunities may be constrained by sector 
(or gear type) and region along the West Coast, depending on the amount 
of allowable harvest of each species. By adopting a suite of OYs for 
overfished species in April 2008, the Council was provided the 
opportunity to take a realistic look at minimal harvest levels that 
would rebuild as quickly as possible taking into account the status and 
biology of the stocks and extractive scientific take of overfished 
stocks. The rebuilding OY ranges recommended by the Council at its 
April 2008 meeting provided a starting point for more detailed analysis 
which was presented to the Council at its June 2008 meeting. Final 
recommendations on the rebuilding OYs and the management measures 
needed to keep fishery harvests within the OYs were presented at the 
Council's June 2008 meeting. The rebuilding alternatives that were 
considered and Council recommendations are further discussed in the OY 
Policies and Rebuilding Parameters for Overfished Species section of 
this preamble.
    In summary, when making its final recommendations for rebuilding 
optimum yields (OYs) for 2009-2010, the Council took into account the 
status and biology of the stocks by looking for the shortest possible 
rebuilding periods within a suite of management measures that provided 
the greatest reduction in catch of the most sensitive and lowest 
productivity species. The Council took the needs of fishing communities 
into account by providing fishing opportunities where such 
opportunities would have a minimal effect on rebuilding periods for 
stocks with higher productivity, and by recommending restrictive 
management measures focused on stocks with the lowest productivity 
levels.

ABC Policy

    The Council develops annual estimates of the ABC for major 
groundfish stocks. When setting the 2009 and 2010 ABCs, three 
categories of species were identified. The first were those species for 
which quantitative stock assessments can be conducted because there is 
adequate data. Stock assessments (a biological evaluation of the 
condition of a stock or stock complex) are used to estimate the 
population status of each assessed stock relative to its unfished 
biomass level. Stock assessments were used to estimate the current 
level of the abundance, changes in abundance over time, depletion 
levels relative to an unfished state, fishing mortality, mortality from 
other causes, and how changes in harvest levels are likely to affect 
the stock's abundance. The second category included species for which 
some biological indicators are available, but are not sufficient to 
support a quantitative analysis. The third category included minor 
species which are caught, but where the only available information is 
on the landed biomass.
    For 2009 and 2010, the Council maintained a policy of using a 
default harvest rate as a proxy for the fishing mortality rate that is 
expected to achieve the maximum sustainable yield (FMSY). A 
proxy is used because there is insufficient information for most 
Pacific Coast groundfish stocks. In 2009 and 2010, the following 
default harvest rate

[[Page 80519]]

proxies, based on the Council's SSC recommendations, were used: 
F40% for flatfish and Pacific Whiting, F50% for 
rockfish (including thornyheads), and F45% for other 
groundfish such as sablefish and lingcod. The ABCs for groundfish 
species or species groups are derived by solving for the fishery 
removals resulting in an SPR equal to the harvest rate proxy.
    A rate of F40% can be explained as that which reduces 
the SPR to 40 percent and is therefore a more aggressive rate than 
F45% or F50%. The FMP allows default harvest rate 
proxies to be modified as scientific knowledge improves for a 
particular species. A fishing mortality or harvest rate will mean 
different things for different stocks, depending on the productivity of 
a particular species. For highly productive species (those with 
individuals that grow and mature quickly and produce many young that 
survive to an age where they are caught in the fishery) a higher 
fishing mortality rate may be used, such as F40%. Fishing 
mortality rate policies must account for several complicating factors, 
including the capacity of mature individuals to produce young over time 
and the optimal stock size necessary for the highest level of 
productivity within that stock.
    For some groundfish species, there is little or no detailed 
biological data available on which to base ABCs, and therefore only 
rudimentary stock assessments have been prepared; for other species, no 
stock assessments have been prepared and the ABC levels were based on 
historical landings. Since 2000, the Council has applied a more 
precautionary policy when setting ABCs for species with only 
rudimentary or no stock assessments. The ABC policy prior to 2000 had 
been to assume that fishing mortality was equal to natural mortality 
(F=M); the current policy is to assume that fishing mortality is 75 
percent of natural mortality (F=0.75M).

2009-2010 Groundfish ABCs

    A biennial management cycle for setting harvest specifications and 
management measures was implemented in 2004 and biennial specification 
were first established for the 2005 and 2006 management cycle. During 
the first year in a biennial cycle, new stock assessments are prepared 
and the results of the new assessments are reviewed by the Council and 
adopted for use. In some cases, a stock assessment needs to be refined 
and the final assessment may not be reviewed by the Council and adopted 
for use until later in the first year or early in the second year of 
the biennial cycle.
    To estimate stock abundance and population trends, each stock 
assessment relies on various types and sources of information with the 
principal information coming from the commercial and recreational 
fisheries themselves. For example, basic fishery dependent data for 
stock assessments includes the amount of fish caught, the individual 
sizes of the fish and their biological characteristics (e.g., age, 
maturity, sex), and the ratio of fish caught to the time spent fishing 
(catch-per-unit-of-effort). In addition to fishery dependent data, 
fishery independent data for stock assessments are collected during 
scientific research surveys. In addition, Pacific Coast groundfish 
stock assessments identify areas of uncertainty and modeling 
difficulties. When data are lacking for a particular species, it can 
result in uncertainty and modeling problems for the stock assessment 
scientists.
    In preparation for setting new ABC values for 2009 and 2010, 15 
stock assessments were prepared. Full stock assessments, those that 
consider the appropriateness of the assessment model and that revise 
the model as necessary, were prepared for the following stocks: 
Sablefish; longnose skate; cowcod south of 36[deg]00[min] N. lat. 
(Conception area); blue rockfish south of 42[deg]00[min] N. lat.; black 
rockfish north of Cape Falcon (46[deg]16[min] N. lat.); black rockfish 
south of 46[deg]16[min] N. lat.; canary rockfish; chilipepper rockfish 
off California and Oregon; darkblotched rockfish north of 
36[deg]00[min] N. lat.; and arrowtooth flounder. Stock assessment 
updates, those that run new data through an existing model without 
changing the model, were prepared for: English sole; widow rockfish; 
bocaccio south of 40[deg]30[min] N. lat. (Cape Mendocino); POP north of 
40[deg]30[min] N. lat.; and yelloweye. In addition to the 15 stock 
assessments, an academic exercise was conducted that investigated 
fluctuations in the shortbelly rockfish biomass through the use of a 
population model based on standard methodology and a variety of both 
traditional and untraditional data.
    Each new stock assessment includes a base model which is accepted 
by the reviewers. Because it is essential that uncertainty in the 
analysis be captured and transmitted to decision makers, alternative 
models are developed from the base model by bracketing the dominant 
dimension of uncertainty (e.g., stock-recruitment steepness or 
R0, natural mortality rate, survey catchability, recent 
year-class strength, weights on conflicting CPUE series, etc.) 
Alternative models show the contrast in management implications. Once a 
base model has been bracketed on either side by alternative model 
scenarios, which capture the overall degree of uncertainty in the 
assessment, a 2-way decision table analysis (states-of-nature versus 
management action) is used to present the repercussions of uncertainty. 
The SSC makes recommendations to the Council on the appropriateness of 
using the different stock assessments for management purposes, after 
which the Council considers adoption of the stock assessments, use of 
the stock assessment for the development of rebuilding analysis, and 
the ABCs resulting from the base model runs of the stock assessments.
    Species that had ABCs in 2007 and 2008 continue to have ABCs in 
2009 and 2010. Blue rockfish and longnose skate had been part of 
species complexes because they were less rigorously assessed. These two 
stocks have now had more quantitative stock assessments prepared. As a 
result of the new assessment, longnose skate is being removed from the 
other species complex and assigned species specific ABC values for the 
2009 and 2010 management cycle. However, blue rockfish will remain 
within the minor rockfish species group and its ABC contribution will 
revise the ABC values specified for the complex.
    For species that did not have new stock assessments prepared, the 
Council considered a single ABC derived from the base model of the most 
recent stock assessment or continued to use the results of rudimentary 
stock assessments, or the historical landings data. Species or species 
complexes without new stock assessments include: Lingcod; Pacific cod; 
cabezon; Dover sole; petrale sole; starry flounder; splitnose rockfish; 
yellowtail; shortspine thornyhead; longspine thornyhead; California 
scorpionfish; minor rockfish north of 40[deg]10[min] N. lat. minor 
rockfish south of 40[deg]10[min] N. lat.; ``other flatfish; and ``other 
fish''. Specific information on species without any new stock 
assessment information are provided in the footnotes to Table 1a and 
Table 2a in the proposed regulations. The stock assessment cycle and 
the process for adoption of a final ABC for Pacific whiting are 
detailed below.
    Species that are not overfished and had new stock assessments or 
stock assessment updates prepared and adopted for use in setting 
harvest specifications by the Council include: Sablefish; arrowtooth 
flounder; English sole; chilipepper rockfish; black rockfish north of 
46[deg]16[min] N. lat. (Cape Falcon); black Rockfish south of 
46[deg]16[min] N. lat.; longnose skate; and blue

[[Page 80520]]

rockfish. Specific information on the ABCs for species that are not 
overfished and have new stock assessments or assessment updates are 
provided in the footnotes to Table 1a and Table 2a.
    New assessments were prepared for each of the seven overfished 
species. The following stock assessment summaries pertain to species 
that have been declared overfished with either new stock assessments or 
stock assessment updates. In addition, the academic analysis of 
shortbelly rockfish is summarized in this section.

Bocaccio (Sebastes Paucispinis)

    A stock assessment update and a rebuilding analysis were prepared 
in 2007 for the bocaccio stock in the southern and central California 
area (the stock south of Cape Mendocino, CA). The last full assessment 
for bocaccio rockfish was conducted in 2003 and used the original Stock 
Synthesis I model. A stock assessment update followed in 2005. Like the 
2005 stock assessment update, the new stock assessment update followed 
the methodology and assumptions of the 2003 bocaccio assessment as 
closely as possible. Updated information on fishery landings, length 
compositions, and the California Cooperative Oceanic Fisheries 
Investigations (CalCoFI) juvenile survey were used to update the 
assessment. Although the three model approaches from the 2003 
assessment were included in the update (the three models are further 
described in the 2004-2005 proposed rule (69 FR 56550, September 21, 
2004)), the STATc model was again considered as the base model and was 
the focus of the update, with limited consideration given to the STARb1 
and STARb2 models.
    The results of the stock assessment update indicated that the 
bocaccio stock biomass has continued to increase. The 1999 year class 
is still a driving factor, and a larger than average 2003 year class 
appears to be evident based on updated length composition data from the 
southern California recreational fishery. The bocaccio stock was 
estimated to be at 12.7 percent of its unfished biomass in 2007.
    The SSC recognized that unresolved problems and major uncertainties 
identified in the 2003 assessment still remain, but endorsed the 
updated bocaccio stock assessment as being the best available science 
for the Council's management recommendations. The bocaccio ABC of 793 
metric tons (mt) for 2009 and 2010 was based on the STATc base model 
with an F50% FMSY proxy.

Canary Rockfish (Sebastes Pinniger)

    A new coastwide stock assessment was completed in 2007 for canary 
rockfish. The stock assessment, which used the stock synthesis II model 
(currently the standard model for west coast groundfish), included a 
number of major changes to the data and modeling approach. New data 
used in the model included fishery dependent age structure data from 
the port and on-board observer sampling programs; and, fishery 
independent data derived from the NMFS triennial bottom trawl survey, 
the Northwest Fisheries Science Center's trawl survey relative biomass 
indices and biological sampling, and the Southwest Fisheries Science 
Center/Northwest Fisheries Science Center/Pacific Whiting Conservation 
Cooperative coastwide prerecruit survey. Although the new data were not 
highly influential, they did address previously identified issues.
    In this assessment and in previous assessments, fishery selectivity 
(the probability that a fish of a certain length or age will be 
captured by a given gear) was modeled in multi-year time blocks with 
changes in selectivity allowed between blocks. In the new assessment, 
the time blocks for fishery selectivity were simplified. In contrast to 
the previous assessment, where blocks were defined arbitrarily to 
improve model fit, the current assessment defined selectivity blocks 
according to major management actions and known changes in fishing 
practices (e.g., the change to ``high-rise'' rockfish trawls in the 
late 1970s). The new approach was considered to be a more objective and 
rigorous approach to defining selectivity blocks. The results of the 
new assessment estimate the canary rockfish spawning biomass to be at 
32.4 percent of its unfished biomass in 2007. This is in contrast to 
the previous assessment which estimated the spawning biomass to be at 
9.4 percent in 2005. Fishing mortality rates have been less than 1 
percent since 2001, indicating that overfishing has not occurred since 
then. The rate of increase in the biomass is highly dependent on the 
level of productivity (the value used to define the stock-recruitment 
steepness has a major influence on stock productivity estimates). After 
a period of above average recruitment in the late 1980s and early 
1990s, recent stock recruitment has generally been low. The only 
estimates of higher recruitments were in 1999 and 2001. There is little 
information other than the pre-recruitment index to inform the 
assessment model about recruitment after 2002. As the larger 
recruitments from the late 1980s and early 1990s move through the 
population, the rate at which the biomass increases and the stock 
recovers may slow. In previous assessments, the stock-recruitment 
steepness was precisely estimated at a low value. Given the changes in 
the model structure, the stock-recruitment steepness could not be 
reliably estimated within the model. Therefore a less precise approach 
of using a higher valued ``prior'' distribution that was developed from 
a meta-analysis of U.S. west coast rockfishes was used in the base 
model.
    The SSC endorsed the base model and decision table, which included 
``high'' and ``low'' states of nature, as the best available science 
for Council decision-making. The SSC indicated that the ``low'' and 
``high'' states of nature should be considered to be equally likely and 
half as likely as the base-model. The canary rockfish ABC of 937 mt for 
2009 and 940 mt for 2010 are derived from the base model with an 
F50% FMSY proxy.

Cowcod (Sebastes levis)

    Cowcod in the Conception area was assessed in 2007. The 2007 
assessment was originally scheduled to be an update. However, a number 
of technical issues were raised and it was determined that a full 
assessment was most appropriate. An age-structured production model was 
used for the new assessment. The new stock assessment included 
substantial changes to both data and model structure.
    Gear selectivity, which had been mis-specified in the 2005 
assessment, was corrected and revised. The growth curve for cowcod was 
re-estimated based on corrected data. The commercial and recreational 
sectors were modeled as separate fisheries. The commercial landings 
from 1900 to 1968 were revised. The California Commercial Cooperative 
Groundfish Program (1969-1985) revised landings estimates were 
incorporated into the assessment. In addition, significant changes were 
made to the spatial stratification and the model used to develop the 
Commercial Passenger Fishing Vessel Logbook indices. The value used for 
the stock-recruitment steepness was changed.
    The estimated depletion of cowcod was strongly affected by the 
correction of technical errors. As a result of the model changes, the 
cowcod spawning biomass in 2005 was believed to be between 3.8 and 24.4 
percent of its unfished spawning biomass with the base model estimating 
the stock to be at 4.0 percent of its unfished biomass, rather than 
between 14 and 21 percent of its unfished spawning biomass as was

[[Page 80521]]

previously estimated in the 2005 assessment. The new assessment 
estimated the cowcod spawning biomass to be between 4.1 percent and 
27.3 percent of its unfished spawning biomass in 2007, with the base 
model estimate being 4.6 percent. The spawning biomass is estimated to 
be slowly increasing (by about 0.3 percent per year). An unresolved 
problem for the stock assessment was the lack of data on stock 
productivity and recent biomass trends. Indications of recent stock 
increases are inferred from the model but have not been confirmed by 
observations.
    The SSC endorsed the base model and the decision table based on the 
``low'' and ``high'' states of nature for Council decision making. The 
cowcod ABC of 13 mt for 2009 and 14 mt for 2010 ABC were based on the 
results of the stock assessment which was based on the STATc base model 
with an F50% FMSY proxy1.

Darkblotched Rockfish (Sebastes Crameri)

    In 2007, a new stock assessment was prepared for darkblotched 
rockfish in the combined U.S. Vancouver, Columbia, Eureka and Monterey 
areas. The stock synthesis model II was used for the stock assessment. 
The SSC indicated that changes to the darkblotched rockfish stock 
assessment model represented a substantial advancement. Changes to the 
stock assessment included: New and updated catch data; new and updated 
discard rate estimates; new data from the Northwest Fishery Science 
Center slope and shelf trawl surveys; conditional age-at-length data 
developed using consistent aging criteria; and data from a new 
generalized linear mixed model (GLMM) that allows the data for the 
various survey vessels to be combined into a single continuous time-
series of biomass indices. In addition, a full range of length 
compositions were used for discarded catch, rather than the average 
size, of discards. The new assessment eliminated Alaska Fishery Science 
Center slope trawl survey data from the ``super years'' (consisting of 
combined data from multiple years of partial coastal coverage), the 
1977 triennial shelf survey data, and the POP survey data from 1975-
1985. These data were removed because the data were unlikely to produce 
realistic selectivities and were relatively insignificant given all the 
other data available.
    The new stock assessment estimated the darkbloched rockfish stock 
to be at 22 percent of its unfished spawning biomass level in 2007. In 
comparison, the last assessment estimated the darkbloched rockfish 
stock to be 16 percent of its unfished spawning biomass in 2005. In 
recent years the stock has been rebuilding, with spawning output having 
increased by 68 percent over the last five years primarily due to 
strong 1999 and 2000 year-classes (fish in a stock born in the same 
year). The darkblotched rockfish spawning biomass appears to have 
increased steadily over the past 5 or 6 years. Since 2001, overfishing 
occurred only once, with estimated catch exceeding the ABC by 14 mt 
(5.8 percent) in 2004.
    The estimates of natural mortality (deaths in a fish stock caused 
by predation, pollution, senility, etc., but not fishing) were a major 
source of uncertainty in the stock assessment. The value used for 
natural mortality was not changed from the previous assessment. 
However, the decision tables presented in the analysis bracketed 
alternative states of nature for natural mortality. The largest change 
in modeling assumptions between the 2005 and 2007 stock assessments was 
the value of spawner-recruitment steepness (a parameter that has a 
major influence on stock productivity). During the review process, a 
disagreement occurred regarding the use of a fixed parameter at the 
median value of a ``prior'' distribution developed from a meta-analysis 
of U.S. west coast rockfishes and an estimate of steepness from within 
the assessment model using the prior distribution. The SSC recommended 
using a spawner-recruitment steepness value estimated within the stock 
assessment model because it incorporates what appears to be meaningful 
information from the current stock assessment into the productivity 
estimate.
    The SSC endorsed the darkblotched rockfish stock assessment as the 
best available science for setting 2009 and 2010 harvest 
specifications. The darkblotched rockfish ABC of 437 mt for 2009 and 
440 mt for 2010 are derived from the base model with an F50% 
FMSY proxy.

POP (Sebastes alutus)

    In 2007, a stock assessment update was prepared for POP (Pacific 
ocean perch) in the U.S. Vancouver and Columbia areas which used the 
same model as in the 2003 and 2005 assessments, a forward projection 
age-structured model. New information used in the stock assessment 
update included: Updated and new catch data for 2003-2006; updated and 
new fishery age composition data from 1999-2006; recalculated Northwest 
Fishery Science Center slope survey biomass indices and age 
compositions for 1999-2004; and new 2006 Northwest Fishery Science 
Center slope survey biomass indices and age compositions.
    The results of the stock assessment update estimated that the POP 
spawning biomass was at 27.5 percent of its unfished spawning biomass 
at the start of 2007. The POP biomass shows an increasing trend with 
indications of a strong 1999 year class in both the survey and fishery 
age composition data over several years. Assessment results are highly 
consistent with the previous assessment, except that a stronger 1999 
year class is estimated. The current assessment indicates that the 1999 
year class is the strongest since the 1960s.
    A number of sources of uncertainty are explicitly included in the 
stock assessment. For example, allowance is made for uncertainty in 
natural mortality, the parameters of the stock-recruitment 
relationship, and the survey catchability coefficients. Sensitivity 
analyses based upon alternative model structures and data set choices 
conducted during the 2003 and 2005 stock assessment process suggest 
that the overall uncertainty may be greater than that predicted by a 
single model specification. Other sources of uncertainty that are not 
included in the current model include: The degree of connection between 
the U.S. west coast and Canadian stock; the effect of climatic 
variables on recruitment, growth, and survival of POP; gender 
differences in growth and survival; a possible nonlinear relationship 
between individual spawner biomass and effective spawning output; and a 
more complicated relationship between age and maturity.
    The SSC determined that the Pacific Ocean perch assessment update 
complied with the terms of reference for updates and endorsed its use 
for Council decision-making. The POP ABC of 1,160 mt for 2009 and 1,173 
mt for 2010 are derived from the base model with an F50% 
FMSY proxy.

Widow Rockfish (Sebastes Entomelas)

    In 2007, a stock assessment update was conducted for widow rockfish 
in U.S. Vancouver, Columbia, Eureka, Monterey, and Conception areas. 
The widow rockfish stock in these areas is assumed to be a single mixed 
stock. The age-based population model used in 2005 was updated with new 
catch data, age compositions data, and catch-per-unit-of-effort time 
series data from 2005 and 2006.
    Since 2001, the widow rockfish biomass has shown an increasing 
trend with the results of the new stock

[[Page 80522]]

assessment estimating the spawning biomass to be at 35.5 percent of its 
unfished spawning biomass in 2007. This is in contrast to steady 
declines in the widow rockfish biomass that occurred between 1977 and 
2001. Like the 2005 stock assessment, the stock assessment update shows 
that the stock biomass may not have declined below the overfished 
species threshold of 25 percent of its unfished spawning biomass, as 
was estimated in previous assessments. Fishing mortality rates have 
been less than 6 percent since 2001, indicating that overfishing has 
not occurred since then.
    As with the previous stock assessment, a major source of 
uncertainty within the current stock assessment is the lack of a 
reliable abundance index (information obtained from samples or 
observations and used as a measure of the weight or number of fish 
which make up a stock) for widow rockfish. The primary source of 
information on trends in abundance of widow rockfish was fishery 
dependent information derived from the Oregon bottom trawl logbook 
data. Because the catch rates have been very low due to catch 
restrictions, no Oregon bottom trawl logbook data after 1999 can be 
used in the assessment. Based on the recommendation of the 2003 STAR 
panel, fishery independent data derived from the National Marine 
Fisheries Service triennial bottom trawl survey were used to develop an 
additional abundance index. Additional areas of uncertainty include: 
The estimated value used for natural mortality; estimates of stock 
recruitment relationships; the use of Santa Cruz juvenile survey data; 
and the relationship of the Canadian stock to the U.S. stock.
    The SSC endorsed the use of the assessment results by the Council 
in support of management decisions. The widow rockfish ABC of 7,728 mt 
for 2009 and 6,937 mt for 2010 are derived from the base model with an 
F50% FMSY proxy.

Yelloweye Rockfish (Sebastes Ruberrimus)

    A stock assessment update was prepared for yelloweye rockfish in 
2007 using the stock Synthesis II model. New catch data were added for 
2006, based on the Groundfish Management Team's bycatch scorecard. The 
catch histories for all fleets were updated for the period 1983-2005.
    In the process of updating data for use in the stock assessment 
update, several errors were identified in the data and input files used 
for the previous assessment. The errors included: A technical error in 
the definition of age and length classes, and the inclusion of 
Washington trawl-caught age compositions included in the age-
composition inputs for the Washington hook-and-line fishery. These 
problems were corrected in developing the 2007 base model. In addition, 
the natural mortality rate was revised upwards. The changes to the 
stock assessment model led to downward revisions in the amount of 
spawning biomass and the level of depletion, relative to the 2006 
assessment.
    The long-term biomass trajectory from the new stock assessment is 
very similar to that in the 2006 assessment. Spawning biomass declined 
steadily and rather rapidly, beginning in the early-1970s, with no 
indication of increase until roughly 2001. The amount of spawning 
biomass in all years is lower in the current base model than in the 
previous assessment, due to the correction of data/input errors 
discussed above. As a result of the new assessment, yelloweye rockfish 
was estimated to be at 14.5 percent of its unfished spawning biomass in 
2007.
    As in the previous assessments, the sparseness of the size and age 
composition data and the lack of a relevant fishery-independent survey 
has limited the ability to assess the status of the yelloweye rockfish 
resource. Further, due to catch restrictions since 2002, catch-per-
unit-effort data no longer reflect the real changes in population 
abundance, and discard estimates are highly uncertain. The current 
version of Stock Synthesis II model does not allow for the considerable 
uncertainty in estimated landings. This makes it difficult to evaluate 
the true uncertainty of model results. Internal estimates of standard 
error on depletion estimates were on the order of 2-2.5 percent and are 
likely to underestimate uncertainty.
    Overall, the update is consistent with the previous assessment and 
the SSC endorsed the update model with the revised natural mortality 
rate for use in status determination and management of the stock. The 
yelloweye rockfish ABC of 31 mt for 2009 and 32 mt for 2010 are derived 
from the base model with an F50% FMSY proxy.

Shortbelly Rockfish (Sebastes jordani)

    To understand the potential environmental determinants of 
fluctuations in the recruitment and abundance of an unexploited 
rockfish population in the California Current ecosystem, an academic 
assessment was conducted for shortbelly rockfish in 2007. The analysis, 
which was conducted by NMFS outside the Council process, was peer 
reviewed using a structure similar to the Council's stock assessment 
review process (external reviewers, including a Center for Independent 
Experts reviewer) and using the Council's terms of reference for 
groundfish stock assessments. Although the assessment does not fully 
satisfy the Council's terms of reference for groundfish stock 
assessments, the SSC indicated that it represented improved knowledge 
about shortbelly rockfish and might be suitable for management purposes 
in place of the previously used inferences from the hydroacoustic 
surveys conducted during 1977 and 1980. The SSC also noted that the 
assessment of shortbelly rockfish does improve knowledge about one of 
the non-commercial species included in the Pacific Coast Groundfish FMP 
and hence provides information relevant to further understanding the 
ecosystem impacts on the fish populations managed by the Council, as 
well as the implications of the choice between static and dynamic 
unfished biomass. The shortbelly rockfish ABC of 6,950 mt for 2009 and 
2010 is 50 percent of the status quo ABC. Given the results of the 
academic assessment, an ABC of 6,950 mt is an amount at which the stock 
is projected to remain in a state of equilibrium.

OY-Setting Policies

    The Council recommends annual harvest levels, which are OYs, for 
the species or species groups that it manages. The Magnuson-Stevens Act 
requires the FMP to prevent overfishing while achieving, on a 
continuing basis, the OY from each fishery. Overfishing is defined in 
the National Standard Guidelines (50 CFR part 600, subpart D) as 
exceeding the fishing mortality rate (F) needed to produce MSY on a 
continuing basis.
    A biennial management cycle, adopted under Amendment 17 to the FMP, 
is being used to establish the 2009 and 2010 harvest specifications and 
management measures. At the beginning of the biennial management cycle, 
two one-year ABCs and OYs will be adopted for each species or species 
complex the Council proposes to manage. The annual OYs will be applied 
in the same manner as has been done in previous years. If an OY is not 
achieved or is exceeded in the first year, the underage or overage will 
not be transferred to the following year, as such a transfer could 
result in too much fishing or other management problems in the second 
year. Overages or underages are accounted for in subsequent stock 
assessments, which are populated with

[[Page 80523]]

historical total catch and other relevant data.
    The 2009 and 2010 OYs for species other than those managed with 
overfished species rebuilding plans are set at levels that are expected 
to prevent overfishing, equal to or less than their ABCs. For 
overfished species, the OYs are set at levels that allow the overfished 
species to rebuild as quickly as possible, taking into account the 
status and biology of the stock, the needs of fishing communities, and 
the interaction of the stock within the marine ecosystem. The specific 
OYs being adopted for overfished species are described below in ``OY 
Policies and Rebuilding Parameters for Overfished Species.''
    The ``40-10'' harvest policy is used to set OYs for species that 
are not managed under overfished species rebuilding plans. The 40-10 
harvest policy is designed to prevent stocks from becoming overfished. 
If a stock's spawning biomass is larger than the biomass needed to 
produce MSY (BMSY), the OY may be set equal to or less than 
ABC. The Council uses 40 percent as a default proxy for 
BMSY, also referred to as B40%. A stock with a 
current spawning biomass between 25 percent of the unfished level and 
BMSY (also referred to as the precautionary threshold) is 
said to be in the ``precautionary zone.'' The 40-10 harvest policy 
reduces the fishing mortality rate when a stock's biomass is at or 
below the precautionary threshold. The further the stock biomass is 
below the precautionary threshold, the greater the reduction in OY 
relative to the ABC. The slope of the line reduces the OY below 
B40% to zero at B10%. This is, in effect, a 
default rebuilding policy that is intended to foster a quicker return 
to the BMSY level than would occur with fishing at the ABC 
level. The OYs for stocks that have been declared overfished (where the 
stock biomass was below B25%, and where the stock has not 
yet rebuild to B40% or greater) are set in accordance with 
species-specific rebuilding plans that are designed to meet the 
rebuilding requirements of the Magnuson-Stevens Act. For further 
information on the 40-10 harvest policy see Section 5.3 of the Pacific 
Coast Groundfish FMP.
    After considering appropriate analysis, the Council may recommend 
setting the OY higher than what the default OY harvest policy specifies 
as long as the OY does not exceed the ABC (which is set at 
FMSY); complies with the requirements of the Magnuson-
Stevens Act; and is consistent with the National Standard Guidelines. 
On a case-by-case basis, additional precautionary adjustments may be 
made to an OY if it is necessary to address uncertainty in the data or 
to reduce the risk of a stock or a co-occurring species from being 
overfished.
    If a stock falls below 25 percent of its unfished spawning biomass 
(B25%) and is declared overfished, the revised Magnuson-
Stevens Act requires the Council to develop and implement a rebuilding 
plan within two years from the declaration date. In addition, the 
Council has the discretion to make additional OY adjustments for stocks 
with only rudimentary stock assessments. For such stocks, the Council's 
policy is to set the OY at 75 percent of the ABC. For stocks that have 
not been quantitatively assessed and where the ABC is based on 
historical data, the OY policy is to set the OY at 50 percent of the 
ABC. For further information on precautionary adjustments for stocks 
that have not been quantitatively assessed, see the preamble discussion 
of the Annual Specification and Management Measures published on 
January 11, 2001 (66 FR 2338).

2009 and 2010 OYs for Healthy and Precautionary Zone Species

    Species that had OYs in 2007 and 2008 continue to have OYs in 2009 
and 2010. As stated above, the FMP provides guidance on setting harvest 
specifications based on a stock's estimated biomass level. For each 
species or species group where there was no new stock assessment or for 
those species where the FMP provided clear guidance on the harvest 
strategy, the Council considered a single combination of ABC/OY harvest 
levels for 2009 and 2010. These species included: Pacific cod; 
splitnose rockfish south; yellowtail rockfish north; shortspine 
thornyhead; longspine thornyhead; black rockfish north; Dover sole; 
petrale sole; starry flounder; English sole; and other flatfish. The 
Council recommended final adoption of the ABC/OYs values for these 
species at its April 2008 meeting. Further information on the OYs for 
these species can be found in the footnotes to Table 1a. and Table 2a. 
The Council considered alternative OYs for the following non-overfished 
species: Lingcod south of 42[deg] N. lat.; sablefish; shortbelly 
rockfish; chilipepper rockfish; black rockfish south of 42[deg] N. 
lat.; minor rockfish north and south of 40[deg]10' N. lat.; California 
scorpionfish; cabezon; arrowtooth flounder; longnose skate (a species 
within the other fish complex); and Pacific whiting.

Lingcod

    The latest lingcod stock assessment was prepared in 2005 and 
estimated the coastwide stock to be above 40 percent of unfished 
spawning biomass. Lingcod is therefore considered to be a healthy 
stock. When a stock is above 40 percent of its unfished spawning 
biomass, the FMP harvest policy allows the OY to be set equal to the 
ABC. Under Alternative 1, coastwide OYs of 5,205 mt in 2009 and 4,785 
in 2010 were derived by combining the 612 mt southern area (south of 
43[deg] N. lat.) status quo OY with the northern area (north of 43[deg] 
N. lat.) OYs of 4,593 mt in 2009 and 4,173 mt in 2010. The northern 
area OYs were derived from the 2005 assessment for the northern 
substock with the OYs set equal to the ABCs. The southern area status 
quo OY of 612 mt was the 2006 OY which had been used in 2007 and 2008 
as a precautionary measure to allow the southern portion of the stock 
to continue to increase in biomass. The Council recommended OY is OY 
Alternative 2 (5,278 mt in 2009 and 4,829 mt in 2010) which is based on 
the 2005 assessment with the coastwide OY that was set equal to the 
ABC. The Council recommended the coastwide OY under Alternative 2 as 
lingcod is considered to be a healthy stock coastwide.

Sablefish

    Under the Pacific coast groundfish FMP, sablefish is considered to 
be a precautionary zone stock because the most recent stock assessment 
estimated the stock to be at 38.3 percent of its unfished biomass 
coastwide. At its April 2008 meeting, the Council considered three 
alternative approaches for setting coastwide, northern and southern 
subarea (north and south of 36[deg] N. lat.) OYs for sablefish. 
Sablefish allocations are defined by the FMP and apply to the subareas 
north and south of 36[deg] N. lat. Therefore, the coastwide OY is 
proportioned to the subareas and used to define the subarea OYs.
    At its April 2008 meeting the Council considered three OY 
alternatives for sablefish. Alternative 1 was based on the ABC from the 
2007 sablefish stock assessment base model with the application of the 
40-10 harvest policy which resulted in a coastwide OY of 9,795 mt in 
2009 (9,452 mt north of 36[deg] N. lat., and 343 mt south of 36[deg] N. 
lat.) and 8,988 mt in 2010 (8,673 mt north of 36[deg] N. lat. and 315 
mt south of 36[deg] N. lat.) Apportionment of the OY to the northern 
and southern subareas was done by applying the average proportion of 
2000-2001 landings of sablefish north of 36[deg] N. lat. (96.5 percent) 
and south

[[Page 80524]]

of 36[deg] N. lat. (3.5 percent) to the coastwide OY value. Alternative 
2 was based on the ABC from the 2007 sablefish stock assessment base 
model with the application of the 40-10 harvest policy. The coastwide 
projected yield from the 2007 assessment was apportioned to the area 
north of 36[deg] N. lat. (72 percent) and the Conception area south of 
36[deg] N. lat. (28 percent) using the average 2003-2006 proportions 
estimated from the Northwest Fishery Science Center's shelf-slope trawl 
survey. The Conception area OY was then adjusted to 50 percent to 
account for greater assessment and survey uncertainty south of 36[deg] 
N. lat. To derive the coastwide OYs, the northern and southern area OYs 
were summed. The resulting coastwide OYs were 8,423 mt in 2009 (7,052 
mt north of 36[deg] N. lat., and 1,371 mt south of 36[deg] N. lat.) and 
7,729 mt in 2010 (6,471 mt north of 36[deg] N. lat. and 1,258 mt south 
of 36[deg] N. lat.) The third OY alternative considered by the Council 
(Alternative 3) was based on the ABC from the 2007 sablefish stock 
assessment's low abundance model with the application of the 40-10 
harvest policy. The subarea apportionment methodology used to derive OY 
Alternative 2 specifications was used under Alternative 3. The 
resulting coastwide OY for 2009 was 6,250 mt (5,233 mt north of 36[deg] 
N. lat., and 1,018 mt south of 36[deg] N. lat.) and for 2010 it was 
5,777 mt (4,837 mt north of 36[deg] N. lat., and 941 mt south of 
36[deg] N. lat.)
    The Council recommended that the coastwide and northern and 
southern subarea OY under Alternative 2 be adopted. The precautionary 
reduction in the southern OY results in a large OY for the Conception 
Area relative to recent catches. The Cowcod Conservation Area (CCA) 
closes a significant amount of the Conception Area to fishing and the 
area-swept biomass estimates for the Conception area are based on the 
assumption that catch rates outside of the CCAs are comparable to those 
inside (the survey does not sample within the CCAs). A precautionary 
reduction of 50 percent was used in the southern area to account for 
the uncertainty inherent in using a short time-series of relative 
abundance for setting the OY. The apportionment of biomass using the 
trawl survey data (Alternatives 2 and 3) incorporates the best 
available information on the sablefish stock distribution.

Shortbelly Rockfish

    In 2007 an academic assessment conducted for shortbelly rockfish 
indicated the shortbelly stock was healthy and estimated the spawning 
stock biomass to be at 67 percent of its unfished spawning biomass in 
2006. Based on the advice of the SSC, the Council used the academic 
assessment to develop two alternative approaches for establishing OYs 
for shortbelly rockfish. Under the first approach (Alternative 1) the 
status quo OY was reduced to 25 percent resulting in an OY of 3,475 mt 
in 2009 and 2010. The shortbelly rockfish stock would be expected to 
increase in abundance under the Alternative 1 harvest rate. Under the 
second approach (Alternative 2), the status quo OY was reduced to 50 
percent resulting in an OY of 6,950 mt in 2009 and 2010. The stock 
would be expected to remain in its current equilibrium under the 
Alternative 2 harvest rate. The Council recommended adoption of 
Alternative 2.

Chilipepper Rockfish

    The latest chilipepper stock assessment was prepared in 2007 and 
indicated that the stock was healthy. At its April 2008 meeting the 
Council considered 3 alternative approaches to setting OYs for 
chilipepper rockfish. Under the first approach (Alternative 1) the OY 
of 2,000 mt in 2009 and 2010, is less than the ABC and is a 
precautionary OY intended to reduce the potential catch of bocaccio 
which co-occur with chilipepper rockfish. The second alternative, 
Alternative 2 had OYs (2,099 mt in 2009 and 2010) based on the 
estimated MSY at an F50% SPR harvest rate as estimated in 
the 2007 assessment. The third approach, Alternative 3, had OYs (3,037 
mt in 2009 and 2,576 mt in 2010) that were set equal to the ABC for 
each year as projected by the base model in the 2007 assessment. The 
Council recommended Alternative 2 which reduces the risk of overfishing 
chilipepper. Although chilipepper catch has been constrained because 
they co-occur with overfished species, particularly bocaccio rockfish, 
increases in canary, bocaccio or widow rockfish OYs may allow for 
greater chilipepper rockfish targeting opportunities.

Black Rockfish South of 42[deg] N. lat.

    A new stock assessment for Black rockfish south of Cape Falcon 
(46[deg]16' N. lat.), estimated the stock to be at 70 percent of its 
unfished spawning biomass in 2007. At its April 2008 meeting, the 
Council considered three alternative OYs for the area south of 42[deg] 
N. lat. Alternative 1 was the sum of the OY set equal to the ABC as 
derived from the 2007 low productivity stock assessment model, and 
three percent of the yield from the northern area stock assessment base 
model where the OY was set equal to the ABC. The resulting OYs were 920 
mt in 2009 and 831 mt in 2010. Alternative 2 was based on a constant 
catch scenario using 1,000 mt for the southern area. OY Alternative 3 
was based on the sum of the OY set equal to the ABC for that portion of 
the stock south of 46[deg]16' N. lat. as derived from the 2007 medium 
productivity stock assessment model and three percent of the yield from 
the northern area stock assessment base model where the OY was set 
equal to the ABC. The resulting OYs were 1,469 mt in 2009 and 1,317 mt 
in 2010.
    The Council recommended the OY Alternative 2. Uncertainties in the 
2007 southern black rockfish assessment, implications for management, 
and comments from the SSC indicating that the decision table, coupled 
with the probabilities assigned to the various states of nature, 
provides a large contrast in possible outcomes, which implies a highly 
uncertain assessment (relative to other rockfish assessments). If 
productivity is actually low, the stock biomass under Alternative 2 is 
projected to be at 34.7 percent of its unfished spawning biomass in 
2016 and not as close to the overfished level as Alternative 3, which 
projects the spawning biomass to be at 29 percent of its unfished 
spawning biomass in 2016.

California Scorpionfish

    A 2005 stock assessment on California scorpionfish indicated the 
stock was healthy, with an estimated spawning stock biomass of 79.8 
percent of its unfished spawning biomass in 2005. The California 
scorpionfish assessment used a recreational catch data stream based 
upon Commercial Passenger Fishing Vessel (CPFV) logbook data expanded 
to total recreational catch using a proportion of CPFV to total 
recreational catch (based upon Marine Recreational Fisheries Statistics 
Survey catch history). The Council's SSC approved this assessment, with 
the caveat that the ABC/OY from this assessment could only be related 
to recreational catch calculated in the same manner as this catch 
stream. Consequently, an alternative ABC/OY was generated by modifying 
the original ABC/OY from the assessment so that it could be compared 
and tracked using California Recreational Fisheries Survey (CRFS) catch 
estimates.
    Because the stock is above B40% coastwide, the OY could 
be set equal to the ABC. Both the original stock assessment and the 
modified stock assessment were used to develop 2 California 
scorpionfish OY alternatives. The Alternative 1 OY (111 mt in 2009 and 
99 mt in 2010) is based on the

[[Page 80525]]

results of the 2005 stock assessment as modified to incorporate CRFS 
estimates. Alternative 2 (175 mt in 2009 and 155 mt in 2010) was a 
value that was intermediate to the 2007-2008 OY of 137 mt from the 
2007-2008 OY from the base model with the CPFV modification, and the 
2007-2008 OY of 219 mt from the base model without the CPFV 
modification. The Council recommended the higher Alternative 2 OYs 
because the stock is considered to be healthy and recent harvests have 
been relatively low.

Cabezon

    The Council considered OY alternatives based on the most recent 
cabezon assessment, which was done for the portion of the stock 
occurring in waters off California in 2005. In 2005, the Cabezon stock 
was estimated to be at 40.1 percent of its unfished spawning biomass 
north of 34[deg]27' N. lat. and 28.3 percent of its unfished biomass 
south of 34[deg]27' N. lat. Since the two substocks collectively have 
an estimated spawning output less than B40%, cabezon in 
waters off California were considered a precautionary zone stock.
    OY Alternative 1 (69 mt in 2009 and 2010) was the status quo OY 
from 2007-2008 and is based on a constant harvest level that is 
consistent with a 60-20 harvest policy adjustment as specified in the 
California Nearshore Management Plan. The 60-20 adjustment is analogous 
to the Council's default 40-10 rule, where, the OY equals the ABC at 
spawning biomasses >=60 percent of initial biomass and linearly reduced 
from the ABC until, at 20 percent of initial biomass, the OY is set to 
zero. The OY Alternative 2 (74 mt in 2009 and 2010) is an average OY 
for 2009 and 2010 based on the projected values from the 2005 
assessment using an F50% harvest rate with the 60-20 harvest 
policy adjustment. The third OY alternative (Alternative 3) is similar 
to Alternative 2 in that the projected values are from the 2005 
assessment using an F50% harvest rate with the 60-20 harvest 
policy adjustment. However, under Alternative 3, the OYs were not 
averaged across the two years. The resulting OYs considered under 
Alternative 3 were 69 mt in 2009 and 79 mt in 2010. The Council 
recommended the Alternative 3 OYs which allow for more efficient state 
management of Cabezon.

Arrowtooth Flounder

    Alternative OYs for arrowtooth flounder are based on a new stock 
assessment conducted in 2007 which indicated that the stock was healthy 
with a spawning biomass estimated at 79 percent of its unfished 
spawning biomass in 2007. OY Alternative 1 (5,245 mt in 2009 and in 
2010) for arrowtooth flounder is based on the MSY at an F40% 
harvest rate as estimated in the 2007 assessment. The Alternative 2 OYs 
(11,267 in 2009 and 10,112 mt in 2010), were based on the OY being set 
equal to the ABC for the stock. These alternative OYs compare to the 
status quo ABC/OY of 5,800 mt from 2007 and 2008. The Council 
recommended Alternative 2 which is the OY being set equal to the 
estimated ABC for the stock. Increases to the arrowtooth flounder OY 
raised concerns about potential impacts on overfished species, 
particularly canary.

Longnose Skate

    The council considered three longnose skate alternative OYs based 
on a 2007 stock assessment which estimated the stock to be at 66 
percent of its unfished spawning biomass in 2007. At its June 2008 
meeting the Council recommended that the 2007 assessment be used to 
establish 2009 and 2010 harvest specifications for longnose skate. In 
doing this, longnose skate would be removed from the ``other fish'' 
complex.
    The Council considered OY alternatives were: Alternative 1 (901 mt 
in 2009 and 902 mt in 2010) was based on the projected OYs from the 
2007 base model using the current estimated exploitation rate (0.0125); 
Alternative 2 (1,349 mt in 2009 and 2010); which was the average 
landings and discard mortality from 2004-2006, increased by 50 percent; 
OY Alternative 3 (3,428 mt in 2009 and 3,269 mt in 2010) was the OY set 
equal to the ABC from the 2007 base model with a harvest rate proxy of 
F45% (corresponds to an exploitation rate of 0.043).
    At its June 2008 meeting, the Council discussed the removal of 
longnose skate from the ``other fish'' complex. During discussions, 
concerns were raised about the removal of longnose skate from the 
complex. Adjustments to the other fish complex that included longnose 
skate were considered. However, for more accurate catch accounting the 
Council recommended removing longnose skate from the other fish complex 
and establishing species-specific specifications and managing it with 
its own OY of 1,349 mt in 2009 and 2010 (Alternative 2). An ABC of 
11,200 mt and an OY of 5,600 mt would then be specified for the Other 
Fish complex.

Minor Rockfish North and South of 40[deg]10' N. lat.

    The first blue rockfish assessment on the West Coast was conducted 
in 2007 for the portion of the stock occurring in waters off California 
north of Point Conception (34[deg]27' N. lat.). The blue rockfish stock 
was estimated to be at 29.7 percent of its unfished spawning biomass in 
2007; therefore, the stock is considered in the precautionary zone. 
Blue rockfish is currently managed under the minor rockfish complex; 
however the Council considered removing blue rockfish from the minor 
rockfish complex and setting a species-specific OY. In addition, the 
Council considered setting a harvest guideline for blue rockfish within 
the minor rockfish north and minor rockfish south OY, rather than 
setting a species-specific OY.
    Because the blue rockfish stock off California (that portion south 
of 42[deg] N. lat.) is under both the minor nearshore rockfish north 
and the minor nearshore rockfish south complexes, alternative OYs were 
considered for each minor rockfish complex (minor rockfish south 
Alternatives 1-3 and minor rockfish north Alternatives 1-3). In 
addition, two OY alternatives that specifically considered species-
specific harvest specifications (blue rockfish OY Alternatives 3 and 4) 
were considered by the Council. For minor rockfish south, the blue 
rockfish status quo (2007-2008) OY contribution was 232 mt, and for 
minor rockfish north the OY contribution was 30 mt. When considering 
new OYs for species managed within complexes, the status quo OY 
contributions are removed and replaced with the newly adopted values, 
then the OYs for all other species in the complex are summed to derive 
the complex OY value.
    The two minor rockfish south alternatives that maintained blue 
rockfish within the complex were Alternatives 1 and 2. Alternative 3 
removed blue rockfish from the complex. Under the minor rockfish south, 
Alternative 1, the OY was determined by replacing the old OY 
contribution of 116 mt for blue rockfish with the new contribution of 
182 mt, based on the 2007 assessment base case model, given a medium 
productivity. The resulting OYs were 1,970 mt for 2009 and 2010. 
Alternative 2 for minor rockfish south considered a new blue rockfish 
OY contribution of 202 mt based on the projected OY from 2007 stock 
assessment base model, given a high productivity as limited by the base 
model ABC. The resulting OYs under Alternative 2 were 1,990 mt in 2009 
and 2010. OY Alternative 3 (1,788 mt in 2009 and 2010) removed the 
status quo OY contribution for blue rockfish from the minor nearshore 
rockfish south

[[Page 80526]]

complex and considered managing blue rockfish under its own 
specifications.
    The Council also considered two minor rockfish north alternatives 
that maintained blue rockfish within the complex (Alternatives 1 and 2) 
and one alternative that removed blue rockfish from the complex 
(Alternative 3). Under OY Alternative 1 (2,280 mt in 2009 and 2010) the 
old blue rockfish OY contribution of 15 mt was removed and the results 
from the 2007 assessment base model with medium productivity (25 mt in 
2009 and 2010) were added back in to derive a 2,280 mt OY. Under OY 
Alternative 2 (2,283 mt in 2009 and 2010), the old blue rockfish OY 
contribution of 15 mt was removed and the results from the 2007 
assessment with high productivity, as capped by the base model ABC (28 
mt in 2009 and 2010), were added back in to derive a 2,283 mt OY.
    OY Alternative 3 (2,255 mt in 2009 and 2010) contemplates removing 
blue rockfish from the northern minor rockfish complex and managing 
blue rockfish under its own harvest specifications. To establish 
species-specific specifications for blue rockfish, two OY alternatives 
were considered. OY Alternative 3 (207 mt in 2009 and 2010) was the sum 
of the 198 mt OY based on the ABC from the base model with the 40-10 
harvest rate for the assessed portion of the California stock north of 
Pt. Conception at 34[deg]27' N. lat., plus 9 mt for the contribution to 
the OY south of Point Conception. OY Alternative 4 (230 mt in 2009 and 
2010) was the sum of the 221 mt OY base on the OY being set equal to 
the ABC from the 2007 stock assessment base model, given high 
productivity model, plus 9 mt for the contribution to the OY south of 
Point Conception. The 9 mt contribution for the area south of Point 
Conception is a 50 percent adjustment of the original ABC contribution 
of blue rockfish from the southern minor nearshore rockfish complex (18 
mt), which represents the average 1994-99 harvest of blue rockfish in 
those waters.
    In making this determination about removing blue rockfish from the 
minor rockfish complex, the Council considered the stock biology, 
available management strategies, and current catch levels. When blue 
rockfish occur offshore they can be targeted separately from other 
nearshore rockfish, but those that occur inshore mix with other 
nearshore rockfish stocks. Blue rockfish will continue to be managed as 
part of the minor rockfish complex. However, the state of California 
will take the necessary action to reduce the catch of blue rockfish and 
to monitor it closely to reduce the risk of exceeding the OY.

Pacific Whiting

    Consistent with the U.S.-Canada agreement for Pacific whiting, the 
Council recommended a range of OYs for Pacific whiting for 2009 and 
2010, and delayed adoption of final 2009 and 2010 ABCs and OYs until 
its March 2009 and 2010 meetings, respectively. The final ABC and OY 
values recommended in March will be based on stock assessments which 
include the most recent scientific information and that are completed 
each year, just prior to the Council's March meeting. The DEIS for the 
2009 and 2010 management measures considers a range for OYs and the 
resulting impacts. The range of alternatives considered in the DEIS for 
the U.S. OY are as follows: OY Alternative 1 (134,773 mt) which is half 
the OY specified in 2008, OY Alternative 2 (269,545 mt) which is the 
status quo 2008 OY, and OY Alternative 3 (404,318 mt) which is 150 
percent of the status quo OY. Given the results of recent assessments, 
the recommended range of OYs is expected to accommodate the projected 
results of the new assessments. Revisions to the Pacific Coast treaty 
Indian tribes Pacific whiting allocations are being proposed with this 
rulemaking. Further discussion of the proposed allocation scheme is 
described below in the tribal section.

OY Policies and Rebuilding Parameters for Overfished Species

    Under the Magnuson-Stevens Act, overfished species rebuilding 
periods must be as short as possible, taking into account the status 
and biology of any overfished stocks of fish, the needs of fishing 
communities, and the interaction of the overfished stock of fish within 
the marine ecosystem. National Standard 8 of the Magnuson-Stevens Act, 
16 U.S.C. 1851(a)(8), also requires consideration of fishing 
communities consistent with the conservation requirements of the Act: 
``Conservation and management measures shall, consistent with the 
conservation requirements of this Act (including the prevention of 
overfishing and rebuilding of overfished stocks), take into account the 
importance of fishery resources to fishing communities in order to (A) 
provide for the sustained participation of such communities, and (B) to 
the extent practicable, minimize adverse economic impacts on such 
communities.'' (1851(a)(8)). Both National Standard 8 and the 
rebuilding provisions address the difficult and often conflicting short 
term and long term socioeconomic and biological considerations in 
fisheries management, which require sustaining the long term 
productivity of the marine resources and fishing communities. Under the 
FMP, when a stock assessment estimates that a stock is below 25 percent 
of estimated unfished spawning biomass (BUNFISHED) it is 
declared overfished. The Magnuson-Stevens Act requires that overfished 
stocks be rebuilt to BMSY, which is the biomass level at 
which a stock is estimated to be able to maintain its maximum 
sustainable yield (MSY) over time. The FMP sets a proxy BMSY 
level for all groundfish species at 40 percent of a stock's unfished 
spawning biomass level (B40%). When a stock has been 
declared overfished a rebuilding plan must be developed and the stock 
must then be managed in accordance with the rebuilding plan. An 
overfished groundfish stock is considered rebuilt once its spawning 
biomass reaches B40%.
    When a stock's spawning biomass is estimated to be below 
B25%, a rebuilding analysis is prepared. Life history 
characteristics (e.g., age of reproductive maturity, relative 
productivity at different ages and sizes, etc.) and the effects of 
environmental conditions on its abundance (e.g., relative productivity 
under inter-annual and inter-decadal climate variability, availability 
of suitable feed and habitat for different life stages, etc.) are taken 
into account in the stock assessment and the rebuilding analysis. A 
rebuilding analysis for an overfished species uses the information in 
its stock assessment to determine TMIN, the minimum time to 
rebuild to B40% in the absence of fishing. For each stock, 
its TMIN is dependent on a variety of physical and 
biological factors. The rebuilding analyses are used to predict 
TMIN for each overfished species and, in doing so, answer 
the question of what is ``as quickly as possible'' for each of the 
overfished species. It must be noted that rebuilding by the 
TMIN date would require elimination of human-induced fishing 
mortality on a stock. Because of the interrelationships of the various 
stocks in the groundfish fishery, zero fishing mortality on an 
overfished stock would require a complete or near complete prohibition 
on all groundfish fishing. The complete absence of targeted fishing 
mortality on the stock does not necessarily result in the complete 
absence of human-induced mortality on the stock.
    No new species were declared overfished from the 16 groundfish 
assessments conducted in 2007. However, new stock assessments and 
rebuilding analyses for all of the seven overfished groundfish species 
were developed and adopted in 2007. For

[[Page 80527]]

2009-2010, the Council reviewed rebuilding plans for the seven species 
and reconsidered those plans in response to the results of new 
assessments and rebuilding analyses. For four of the overfished species 
(POP, bocaccio, widow rockfish, and yelloweye rockfish), the rebuilding 
progress was considered adequate by the SSC, and the new assessments 
and rebuilding analyses did not change the fundamental understanding of 
the stocks. However, for three stocks, canary rockfish, darkblotched 
rockfish, and cowcod, the new stock assessments resulted in fundamental 
changes in the understanding of the biology of the stocks, therefore 
those rebuilding plans are being revised in a manner that is consistent 
with Amendment 16-4. These revisions are discussed further below. 
Canary rockfish is very much ahead of schedule, while darkblotched 
rockfish and cowcod are substantially behind schedule. For canary 
rockfish and darkblotched rockfish, the changes are due primarily to 
changes in the understanding of stock productivity and depletion. In 
the case of cowcod, there was a departure from the expected rebuilding 
trajectory due to the correction of a technical flaw in the 2005 
assessment. The Council also recommended modifications to the yelloweye 
rockfish rebuilding plan.
    The Council continued to use an integrated rebuilding strategy that 
moves fishing effort off of the more sensitive rebuilding species and 
on to the less sensitive rebuilding species (i.e., off of species with 
longer rebuilding times and onto species able to rebuild quicker). This 
concept was determined to be the best way of taking into account the 
biology of the stocks and the needs of fishing communities in a 
programmatic fashion that simultaneously considered all rebuilding 
species and groundfish sectors. Earlier, this notice discussed the 
Council's decision-making process and how that process focused the 
Council's decision on a suite of inter-related OYs for overfished 
species. As discussed above, the overfished species OYs constrain 
fishing for all co-occurring groundfish species and for some non-
groundfish species as well, making the suite of overfished species OYs 
the cornerstone of the entire groundfish harvest specifications and 
management measures package. As also discussed above, recommending a 
suite of interrelated overfished species OYs allowed the Council to 
consider a management package that best takes into account the status 
and biology of those stocks and the needs of fishing communities, by 
emphasizing catch reductions for the species most sensitive to changes 
in OY harvest rates and consideration of communities most vulnerable to 
shifts in groundfish fishing income.
    At its April 2008 meeting, the Council considered seven rebuilding 
alternatives that packaged overfished species OYs with management 
measures intended to constrain fishing to those OYs. Rebuilding 
Alternative 1 was designed to allow more fishing opportunities on the 
continental shelf north and south of 40[deg]10[min] N. lat. by 
specifying relatively higher OYs for bocaccio, canary rockfish, cowcod, 
widow rockfish and yelloweye rockfish, while allowing fewer fishing 
opportunities on the slope by specifying relatively lower OYs for 
darkblotched rockfish and POP. Rebuilding Alternative 2 was conversely 
designed to allow fewer fishing opportunities on the shelf north and 
south of 40[deg]10' N. lat. by specifying relatively lower OYs for the 
shelf species (bocaccio, canary, cowcod, widow, and yelloweye), and 
higher fishing opportunities on the slope by specifying relatively 
higher OYs for the slope species (darkblotched and POP). Rebuilding 
Alternative 3 was the most restrictive alternative coastwide because it 
was constructed with relatively low OYs for all the overfished species. 
Rebuilding Alternative 4 was the most liberal alternative coastwide 
since it was constructed with relatively high OYs for all the 
overfished species. Rebuilding Alternatives 5a and 5b allowed mixed 
fishing opportunities by sector north and south of 40[deg]10' N. lat. 
and in shallow and deeper waters and are designed to show further 
trade-offs between rebuilding OYs that may not be captured by 
rebuilding Alternatives 1 through 4. The preferred suite of overfished 
species OYs identified by the Council in April 2008 included: 105 mt 
for canary in 2009 and 2010; 17 mt for yelloweye in 2009 and 14 mt in 
2010; 288 mt for bocaccio in 2009 and 2010; 3 mt for cowcod in 2009 and 
2010; 189 mt for POP in 2009 and 200 mt in 2010; 300 mt for 
darkblotched in 2009 and 306 in 2010; and 475 mt for widow rockfish in 
2009 and 2010.
    At its June 2008 meeting, the Council made final recommendations 
on: 2009-2010 OYs; rebuilding plan revisions; bycatch limits for the 
proposed 2009 exempted fishing permits (EFPs); and groundfish 
management measures designed to keep catch levels within the final 
preferred OYs. The final preferred suite of overfished species OYs 
recommended by the Council included: 105 mt for canary in 2009 and 
2010; 17 mt for yelloweye in 2009 and in 2010; 288 mt for bocaccio in 
2009 and 2010; 4 mt for cowcod in 2009 and 2010; 189 mt for POP in 2009 
and 200 mt in 2010; 285 mt for darkblotched in 2009 and 291 in 2010; 
and for widow rockfish 522 mt in 2009 and 509 in 2010.
    Under the Council's recommended suite of rebuilding OYs, POP, widow 
rockfish, canary rockfish and bocaccio OYs increase from 2008 levels, 
easing constraints on target species that co-occur with the overfished 
species. However, rebuilding OYs for darkblotched rockfish and 
yelloweye rockfish decline from 2008 levels under the Council-
recommended suite of alternatives. Reductions in the darkblotched 
rockfish and yelloweye rockfish OYs would require more restrictive 
management measures to reduce the catch of these two species. The 
impacts to the non-whiting limited entry trawl sector under the final 
Council-preferred alternative are largely driven by the OYs for canary 
rockfish, bocaccio rockfish, darkblotched rockfish, cowcod, and POP. 
Under the final Council-preferred alternative, the limited entry bottom 
trawl sector is predicted to generate approximately $2.8-3 million more 
exvessel revenue than in 2007 (Status Quo). This increase is largely 
driven by increases in the abundance of sablefish, English sole and 
arrowtooth flounder, as opposed to changes in rebuilding species OYs.
    Fishing opportunity and economic impacts to the nearshore 
groundfish sector are largely driven by the need to reduce the catch of 
canary and yelloweye rockfish. In areas south of 40[deg]10[min] N. 
lat., observer data has not shown an interaction with yelloweye 
rockfish, so canary rockfish is the driving constraint in this area. 
The impacts to recreational sectors are driven by the OYs for yelloweye 
rockfish, canary rockfish, and to a lesser extent, bocaccio and widow 
rockfish.
    The OY alternatives for yelloweye rockfish are based on the 2007 
assessment, which is an update of the 2006 assessment, and the 2007 
rebuilding analysis which is based on the 2007 updated assessment. The 
2007 updated assessment did not significantly change the understanding 
of stock productivity, although the median time to rebuild under the 
status quo harvest rate ramp-down strategy is now predicted to be 2082 
instead of 2084, largely due to a higher assumed natural mortality 
rate. Yelloweye rockfish have a life history that illustrates the 
classic challenge of rebuilding overfished rockfish stocks; they are 
slow to mature, have low productivity, and can live in excess of 100 
years. Given their low productivity,

[[Page 80528]]

small changes in yelloweye rockfish long-term harvest rates can result 
in large changes in the time to rebuild. According to the rebuilding 
analysis, in the absence of fishing beginning in 2009 (TF = 0), the 
stock would be rebuilt in 2049. Continuing the ramp-down strategy, 
adopted in Amendment 16-4, of 17 mt 2009 and 14 mt in 2010, with the 
SPR going to 0.719 beginning in 2011 produces a median year to rebuild 
of 2082. In contrast, applying the SPR of 0.719 beginning in 2009 
(which would produce an OY of 13.3 mt in 2009 and 13.6 mt in 2010) 
produces the same median year to rebuild. Therefore, slight changes in 
the OY at the beginning of the rebuilding schedule make little to no 
difference in the time needed to rebuild.
    When setting the 2007 and 2008 harvest specifications and 
management measures, the Council recognized the need to restrict the 
fisheries based on the new yelloweye rockfish assessment, but also took 
into account the potentially widespread negative effects of an 
immediate reduction in OY and recommended an OY ramp-down strategy over 
a 5-year period. The ramp-down strategy provides time to collect much 
needed additional data that could better inform new management measures 
for greater yelloweye rockfish catch reduction, and reduces the 
immediate adverse impacts to fishing communities while altering the 
rebuilding period by less than one year. The ramped down OY adopted for 
yelloweye rockfish during the 2007 and 2008 management cycle began with 
an OY of 23 mt in 2007 and 20 mt in 2008. The OY was to be reduced each 
year until ultimately reaching 14 mt in 2011. Under this approach the 
yelloweye rockfish rebuilding plan would revert to a constant harvest 
rate of F = 0.0101 percent through the rebuilt date of 2084. The 
yelloweye rockfish OY ramp-down strategy was a departure from the 
practice of setting constant harvest rates that are intended to carry 
through time to the rebuilt dates. The 2009-2010 OY alternatives 
developed for yelloweye rockfish were based on the 2007 stock 
assessment update and the 2007 rebuilding analysis. The stock 
assessment update and rebuilding analysis did not significantly change 
the understanding of stock productivity, although the median time to 
rebuild the stock under the status quo harvest rate ramp-down strategy 
was projected to be 2082 instead of 2084 as previously estimated. The 
change in median rebuilding time was largely due to a higher assumed 
natural mortality rate. All of the yelloweye rockfish OYs considered by 
the Council were expected to cause severe impacts to fisheries and 
communities. The Council expressed strong concern about the severity of 
the impact on communities resulting from ramp-down strategy as the OY 
drops below 17 mt. The Council also expressed concern that the current 
stock assessment for yelloweye rockfish was data-poor, but was hopeful 
that the next assessment (a full assessment with additional data) would 
be more optimistic.
    The Council initially identified a preference for maintaining the 
2007-2008 ramp-down strategy, which reduced the yelloweye rockfish OY 
to 17 mt in 2009 and 14 mt in 2010. The median time to rebuild the 
stock under the status quo was 2082. Although yelloweye rockfish was 
the most constraining species to the fishery, the Council considered it 
to be prudent to stick with the ramp-down approach as higher OYs could 
result in a greatly extended rebuilding period, or make reductions 
after 2010 even more difficult on the fishery. At its April 2008 
meeting, the Council requested analysis of an alternative ramp-down 
approach that would specify both the 2009 and 2010 OYs as 17 mt 
(F66.3[percnt]), before ramping down to the 
status quo SPR harvest rate of F71.9[percnt] in 
2011. After consideration of the new information available at the 
Council's June 2008 meeting, the Council chose to recommend a yelloweye 
rockfish OY of 17 mt in both 2009 and 2010 and to maintain the target 
rebuilding year of 2084 in the status quo yelloweye rebuilding plan. 
Although the original ramp-down analysis was done assuming an OY of 14 
mt in 2010, as noted above, an OY of 17 mt in 2010 does not 
significantly alter the rebuilding schedule.
    A 17 mt OY in 2010 would require a more abrupt adjustment by 
management and industry as the fishery transitions to the constant 
harvest rate in 2011. However, maintaining a slightly higher OY in 2010 
would allow both management and industry to learn how to manage to the 
highly restrictive harvest levels needed to rebuild yelloweye. 
Scientific data collection may be allowed with the slightly higher OY. 
Scientific data are needed to improve stock assessments and to help 
understand how to make fishery catch reductions. The Council did not 
recommend revising the target rebuilding year or the harvest control 
rule for 2011 and beyond. This constant harvest rate beginning in 2011 
is a key feature of the yelloweye rebuilding plan and represents the 
Council's primary decision on how to rebuild the stock in as short a 
time as possible, taking into account the status and biology of any 
overfished stock of fish and the needs of fishing communities.
    At their April 2008 meeting, the Council requested an analysis of 
the associated impacts of yelloweye rockfish catch sharing between 
directed groundfish sectors and state recreational fisheries. The 
alternative catch sharing was to be based on the 2005 and 2007 
projections of catch documented by the Groundfish Management Team in 
the final bycatch scorecards. This is the first management cycle where 
all three states have been constrained by yelloweye rockfish. In prior 
management cycles, the California fisheries were more constrained by 
the availability of canary rockfish than yelloweye rockfish. Potential 
harvest guidelines for yelloweye rockfish that would be available for 
the different groundfish fisheries were provided for each OY 
alternative. At its June 2008 meeting, the Council recommended adoption 
of an alternative catch sharing arrangement for yelloweye rockfish that 
restructured the catch sharing based on the 2005 bycatch scorecard: 
Limited entry non-whiting trawl 0.6 mt; limited entry whiting 0.0 mt; 
limited entry fixed gear 1.4 mt; directed open access 1.1 mt; 
Washington recreational 2.7 mt; Oregon recreational 2.4 mt; California 
recreational 2.7 mt; and 0.3 for exempted fishing.
    For cowcod, the SSC recommended revising the cowcod rebuilding plan 
based on the new 2007 stock assessment because of technical errors in 
the 2005 assessment that led to a flawed understanding of the status 
and biology of the stock. The Council initially recommended an OY of 3 
mt in 2009 and 2010 based on a higher SPR harvest rate 
(F83.6[percnt]) at its April 2008 meeting. The 
2007 and 2008 status quo OY was 4 mt. Because a 3-mt alternative was 
not analyzed in the original 2007 cowcod rebuilding analysis, the 
Council deferred their decision on revised cowcod rebuilding plan 
parameters until June 2008. Cowcod is an unproductive stock that is 
more depleted than previously thought. Although cowcod impacts have 
been minimized by prohibiting retention and area closures in California 
waters, there have been instances when 3 mt has been estimated to have 
been incidentally taken.
    The majority of incidental catch of cowcod has occurred in the 
recreational and trawl fisheries. With the increased sablefish OY the 
trawl fishery could be curtailed if the 3 mt cowcod OY were specified. 
The Council indicated that there were few remaining restrictions 
available under the groundfish FMP that

[[Page 80529]]

would further reduce the take of cowcod. The Council made the 
recommendation for 4 mt on the belief that additional large scale 
closures of fisheries to further reduce cowcod take would be 
devastating to California fishing communities.
    The departure from the expected rebuilding trajectory, due to 
correction of the technical flaw that existed in the 2005 assessment, 
resulted in a longer time to rebuild the cowcod stock than was 
originally estimated because of a lower estimated depletion level. 
Given this was a fundamental revision in the understanding of the 
biology of cowcod, the SSC indicated that a revision in 
TTARGET was warranted. The Council recommended formally 
revising the target rebuilding year in the cowcod rebuilding plan from 
2039 to 2072 and the SPR harvest rate from 
F90.0[percnt] to 
F82.1[percnt].
    The SSC recommended maintaining the status quo bocaccio rebuilding 
plan adopted under Amendment 16-4 since the new assessment did not 
appreciably change the understanding of the stock's status from the 
previous assessment. The Council elected to maintain the status quo 
target rebuilding year of 2026 and SPR harvest rate 
(F77.7[percnt]) in the current bocaccio 
rebuilding plan with a corresponding OY of 288 mt in both 2009 and 
2010. The SSC concluded that bocaccio was showing adequate progress 
towards rebuilding.
    The new assessment and rebuilding analysis confirmed that widow 
rockfish stock is on track for recovery by the next assessment cycle. 
Widow rockfish is incidentally taken in the Pacific whiting fishery, 
where the catch of widow rockfish is constrained under bycatch limits. 
Constraining widow rockfish incidental catch inseason has resulted in 
the Pacific whiting fishery having to shift their fishing areas to 
better avoid widow rockfish, and early closure in 2007 when the widow 
rockfish bycatch limit was reached. However, as discussed above, 
efforts to reduce widow bycatch have resulted in increased darkblotched 
rockfish bycatch. Widow rockfish also occurs, but less frequently, in 
fixed gear and recreational fisheries.
    At its April 2008 meeting the Council recommended a preliminary 
preferred OY for widow rockfish of 475 mt in 2009 and 2010. Although 
widow rockfish is projected to be rebuilt after the next assessment, 
the Council recognized that the stock is not yet rebuilt and will need 
to be fully assessed before the next biennial management period. A 
recommendation of 475 mt is lower than required by the rebuilding plan, 
but was considered to provide a reasonable probability of harvesting 
the available whiting harvest allocation if similar to 2008. At its 
June 2008 meeting, and for the reasons discussed above regarding the 
relationship between darkblotched rockfish catch and widow rockfish 
catch in the Pacific whiting fishery, the Council made a final OY 
recommendation for widow rockfish of 522 mt in 2009 and 509 mt in 2010. 
The Council's recommended OYs are based on the status quo SPR harvest 
rate of F95.0[percnt]. The Council elected to 
maintain the target rebuilding year (2015) and the harvest control rule 
(F95.0[percnt]) in the widow rockfish rebuilding 
plan.
    The SSC recommended revising the status quo darkblotched rockfish 
rebuilding plan adopted under Amendment 16-4 since the new assessment 
fundamentally changed the understanding of stock productivity. It was 
determined that the status quo target rebuilding year of 2011 in the 
current darkblotched rebuilding plan cannot be achieved even under a 
zero harvest rebuilding strategy TF=0. Reductions in the 
darkblotched rockfish OYs are highly limiting to the trawl fisheries 
because darkblotched rockfish co-occurs with the most economically 
important species in the fishery such as petrale sole, sablefish, and 
whiting. Darkblotched appears to restrict exvessel revenues in the 
trawl fisheries more than other species such as canary. Although the 
relationship between widow rockfish and darkblotched rockfish 
incidentally taken in the Pacific whiting fishery is uncertain, 
attempts to avoid darkblotched rockfish have resulted in increased 
widow rockfish catch and vice versa. The Council considered reducing 
the darkblotched OY below the preferred OYs of 475 in 2009 and 2010 
that had been preliminarily recommended in April and increasing the 
widow rockfish to 522 mt in 2009 and 509 mt in 2010. By increasing the 
widow rockfish OY, the whiting fishery would be encouraged to adjust 
their fishing strategy to further reduce their bycatch of darkblotched 
rockfish, and the needs of fishing communities would continue to be 
taken into account. The lower OY for darkblotched rockfish would result 
in faster rebuilding of that stock while the time to rebuild widow 
rockfish would remain unchanged. Therefore, the darkblotched rockfish 
recommendation was reduced from the 300 in 2009 and 306 in 2010, 
recommended in April 2008, to 285 mt in 2009 and 291 mt in 2010, 
recommended in June 2008. Because of the new stock assessment, the 
Council recommends revising the current darkblotched rebuilding plan by 
specifying a target rebuilding year of 2028 and a harvest control rule 
of F62.1[percnt]. This is a more conservative 
harvest rate, but a longer time to rebuild.
    For canary, the SSC recommended revising the status quo canary 
rockfish (Sebastes pinniger) rebuilding plan adopted under Amendment 
16-4 since the new assessment fundamentally changed the understanding 
of stock productivity. The Council recommended an OY of 105 mt for both 
2009 and 2010, an increase from 2007-2008 OY of 44 mt, but consistent 
with the existing rebuilding plan. The Council also recommended 
revising the target rebuilding year from 2063 to 2021, which is two 
years longer than F=0 and maintaining the SPR harvest rate of 
F88.7[percnt] defined in the current canary 
rebuilding plan. Given the new understanding of the condition of the 
stock and the revised rebuilding plan, the Council indicated that 
setting the canary OY to 105 mt was a prudent approach while still 
precautionary and consistent with the Magnuson-Stevens Act 
requirements. The fishing communities have endured substantial hardship 
with the 44 mt canary OY in 2007 and 2008 because substantial harvest 
of other healthy species was foregone, regardless of best efforts to 
reduce incidental catch.
    At their April 2008 meeting, the Council requested an analysis of 
the associated impacts of canary rockfish catch sharing between 
directed groundfish sectors and state recreational fisheries. The 
alternative catch sharing was to be based on the 2005 and 2007 
projections of catch, documented by the Groundfish Management Team in 
the final bycatch scorecards. Potential harvest guidelines for canary 
rockfish were provided for each OY alternative. At its June 2008 
meeting, the Council recommended adoption of an alternative catch 
sharing arrangement for canary rockfish based on the initial 2005 
scorecard. The following recommended alternative would provide 
flexibility for some fisheries: Limited entry non-whiting trawl 19.7 
mt; limited entry whiting 18.0 mt; limited entry fixed gear 2.5 mt; 
directed open access 2.2 mt; Washington recreational 4.9 mt; Oregon 
recreational 16.0 mt; and California recreational 22.9 mt.
    Information on the status and biology of POP and their effects on 
fishing communities has remained relatively unchanged since the 
analysis of the 2007 and 2008 harvest specifications and Amendment 16-
4. Therefore, the Council recommended an OY of 189 mt in 2009 and 200 
mt in 2010. The

[[Page 80530]]

Council elected to maintain the status quo target rebuilding year of 
2017 and the SPR harvest rate F86.4[percnt] 
specified in the current POP rebuilding plan.
    For each approved overfished species rebuilding plan, the following 
parameters are specified in the FMP: Estimates of unfished biomass (B0) 
and target biomass (BMSY); the year the stock would be 
rebuilt in the absence of fishing (TMIN); the year the stock 
would be rebuilt if all fishing mortality were to cease beginning in 
2007 (TF=0); the year the stock would be rebuilt if the 
maximum time period permissible under National Standard Guidelines were 
applied (TMAX); the target year in which the stock would be 
rebuilt under the adopted rebuilding plan (TTARGET also 
referred to as the median time to rebuild); the spawning potential 
ratio (SPR = the ratio of the equilibrium spawning output per recruit 
under fished conditions to the spawning output per recruit under no 
fishing); and/or, the harvest control rule (F). Other relevant 
rebuilding information is also included in the FMP. The estimated 
rebuilding parameters serve as management benchmarks in the FMP and the 
FMPs are not amended when the values change after new stock assessments 
are completed, as is likely to happen.
    Rebuilding parameters being codified in regulation (50 CFR 660.365) 
are the harvest control rule and the target time to rebuild. If, after 
a new stock assessment, the Council and NMFS conclude that the 
parameters defined in regulation should be revised, the revision will 
be implemented through the Federal rulemaking process with public 
notice and opportunity for comment. Any changes to the values in 
regulation will be supported by a corresponding analysis. Approved 
rebuilding plans are implemented through setting OYs and establishing 
management measures necessary to maintain the fishing mortality within 
the OYs to achieve objectives related to rebuilding requirements. The 
rebuilding OYs and management measures being implemented through 
Federal regulations are summarized below. Management measures adopted 
for 2009 and 2010 are expected to keep the incidental catch of 
overfished species within the adopted OYs. Management measures designed 
to rebuild overfished species, or to prevent species from becoming 
overfished, may restrict the harvest of relatively healthy stocks that 
are harvested with overfished species. As a result of the constraining 
management measures imposed to rebuild overfished species, a number of 
the OYs for healthy stocks may not be achieved.
    The OY alternatives analyzed in the DEIS were based on harvest 
rates estimated from the rebuilding simulation program and were 
calculated using a Spawning Potential Ratio or SPR (the ratio of the 
equilibrium spawning output per recruit under fished conditions to the 
spawning output per recruit under no fishing) which may be converted to 
an instantaneous rate of fishing mortality (F). Given fishery 
selectivity patterns and basic life history parameters, there is an 
inverse relationship between the harvest control rule (F) and SPR 
harvest rate. When there is no fishing, each new female recruit is 
expected to achieve 100 percent of its spawning potential (SPR=100%, 
F=0). As fishing intensity increases, expected lifetime reproduction 
declines due to this added source of mortality. Calculation of the 
harvest control rule SPR has the benefit of standardizing for 
differences in growth, maturity, fecundity, natural mortality, and 
fishery selectivity patterns and, as a consequence, the SSC recommended 
that the SPR harvest rate be used routinely. The SPR harvest rate for 
each species is being provided so that fishing intensity can be more 
easily compared and to standardize the basis of rebuilding 
calculations. If the rebuilding SPR target is revised upward (a 
reduction in fishing mortality) in the rebuilding plan without changing 
the target rebuilding year the new rate is set for the duration of the 
rebuilding period.

Bocaccio

    Date declared overfished: March 3, 1999.
    Areas affected: Monterey and Conception.
    Status of stock: In 2007 it was at 12.7 percent of its unfished 
spawning biomass:
    B0: 13,554 Billion eggs.
    BMSY: 5,421 Billion eggs.
    TMIN: 2019.
    TF=0: 2020.
    TMAX: 2033.
    Target year to rebuild: 2026.
    Median year to rebuild: 2023.
    SPR target fishing intensity: 77.7 percent.
    ABC: 793 mt in 2009 and 2010.
    OY: 288 mt in 2009 and 2010.
    Biology of the stock: Bocaccio are historically most abundant in 
waters off central and southern California. Juveniles settle in 
nearshore waters after a several month pelagic stage. Adults range from 
depths of 6.5-261 fm (12-478 m). Most adults are caught off the middle 
and lower shelf at depths between 27 fm and 137 fm (50 and 250 m). 
Larger fish tend to be found deeper. Bocaccio are found in a wide 
variety of habitats, often on or near bottom features but sometimes 
over muddy bottoms. Bocaccio are usually found near the bottom, 
however, they may also occur as much as 16.4 fm (30 m) off the bottom. 
Tagging studies have shown that young fish move up to 148 km (92 
miles). Maximum age of bocaccio was determined to be at least 40 and 
perhaps more than 50 years.
    Management measures for 2009 and 2010: Bocaccio have historically 
been taken by commercial trawl and fixed gear vessels and in the 
recreational fisheries. Adult bocaccio are often caught with 
Chilipepper rockfish and have been observed schooling with speckled, 
vermilion, widow, and yellowtail rockfish. South of 40[deg]10[min] N. 
lat. the bottom trawl, limited entry fixed gear, and open access 
fishing opportunities, in the depths where bocaccio are most commonly 
encountered, have been reduced through the use of RCAs. To accommodate 
incidental catch of shelf species, very small limits are allowed to be 
retained with large footrope and midwater trawl gear, but harvest of 
bocaccio is prohibited with small footrope trawl gear. Chilipepper 
rockfish limits for limited entry large footrope and mid water trawl 
gear are available for the area south of 40[deg]10[min] N. lat. and may 
be reduced inseason if incidental catch of bocaccio is greater than 
pre-season projections. The Chilipepper rockfish limits are 
conservative and not expected to result in the bocaccio OY being 
exceeded. Pink shrimp trawl vessels fishing in waters off the State of 
California will continue to be required to have and use fin fish 
excluder devices that are intended to reduce the catch of overfished 
species including bocaccio. Bocaccio are vulnerable to commercial non 
trawl gears and to recreational fishing gear. To accommodate incidental 
catch of bocaccio in commercial fixed gear fisheries, very small limits 
are allowed to be retained. California recreational fisheries will 
constrain incidental bocaccio catch with recreational fishery bag 
limits.

Canary Rockfish

    Date declared overfished: January 4, 2000 (65 FR 221).
    Affected area: Coastwide.
    Status of the stock: In 2007 it was at 32.4 percent of its unfished 
spawning biomass.
    B0: 32,561 mt.
    BMSY: 13,024 mt.
    TMIN: 2019.

[[Page 80531]]

    TF=0: 2019.
    TMAX: 2041.
    Target year to rebuild: 2021.
    Median year to rebuild: 2020.
    SPR target fishing intensity: 88.7 percent.
    ABC: 937 mt in 2009, 940 mt in 2010.
    OY: 105 in 2009 and 2010.
    Biology of the stock: Canary rockfish are a continental shelf 
(shelf) species. Juveniles settle in nearshore waters after a several 
month pelagic stage. Adults range from depths of 25-475 fm (46-868 m). 
Most adults are caught off the middle and lower shelf at depths between 
44 fm and 109 fm (80 and 200 m). Larger fish tend to be found in deeper 
waters. Canary rockfish are usually associated with areas of high 
relief such as pinnacles, but also occur over flat rock or mud and 
boulder bottoms. They are usually found near the bottom and are 
occasionally found off the bottom or in soft-bottom habitats that are 
atypical for rockfish. A tagging study showed that canary rockfish can 
migrate up to 700 km (435 miles). The maximum age of canary rockfish is 
84 years.
    Management measures in 2009 and 2010: Unavoidable incidental 
catches of canary rockfish occur in trawl, fixed gear, open access, and 
recreational fisheries targeting groundfish, as well as commercial and 
recreational fisheries targeting species other than groundfish. Adult 
canary rockfish are often caught with bocaccio, sharpchin rockfish, 
yelloweye rockfish, yellowtail rockfishes, and lingcod. Researchers 
have also observed canary rockfish associated with silvergray and widow 
rockfish. Management measures intended to limit bycatch of canary 
rockfish include RCAs, cumulative trip limits to constrain the fishery 
coastwide, and bycatch limits in the whiting fishery. Canary's wide 
geographic distribution and catchability in all fisheries makes it more 
difficult to manage with species specific RCAs, like yelloweye rockfish 
and cowcod.
    Bottom trawling is prohibited in the trawl RCA, which covers depths 
where canary rockfish have been most frequently caught. Cumulative 
limits are structured to discourage targeting of shelf species while 
allowing very low levels of incidental take to be landed. Because 
vessels fishing with trawl gear shoreward of the trawl RCA are more 
likely to encounter canary rockfish than those fishing seaward of the 
RCA, differential trip limits have been used for large footrope, small 
footrope and selective flatfish trawl gear. To reduce incidental take 
of canary rockfish in the area north of 40[deg]10[min] N. lat., vessels 
fishing shoreward of the RCAs are required to use selective flatfish 
trawl gear. By allowing higher limits for large and small footrope gear 
in areas seaward of the RCAs and prohibiting its use in nearshore 
areas, there is an incentive for vessels to fish in deeper waters, 
beyond the range of canary rockfish.
    Incidental catch of canary rockfish during the primary season for 
whiting will be constrained by sector-specific bycatch limits that 
require closure of the commercial whiting fisheries when reached. For 
2009 and 2010 the canary rockfish bycatch limits are: 6.1 mt for the 
catcher/processor sector, 4.3 for the mothership sector, and 7.6 mt for 
the shore-based sector. A final 2009 and 2010 whiting ABC and OY will 
be adopted at the Council's March meeting and the bycatch limits may be 
reconsidered at that time and adjusted inseason. The non-trawl limited 
entry fisheries will be constrained by RCAs coastwide that are intended 
to reduce the catch of canary rockfish. Pink shrimp trawl vessels 
fishing in waters off the states of Washington, Oregon and California 
will continue to be required by the states to have and use fin fish 
excluder devices that are intended to reduce the catch of overfished 
species including canary rockfish.
    Recreational fisheries are managed through bag limits, size limits 
and seasons. Seasons are shorter than they were in the past in order to 
reduce catch of canary rockfish. As necessary, seasons can be shortened 
more and bag limits reduced to stay within the OYs. The retention of 
canary rockfish is prohibited in the recreational fisheries.

Cowcod

    Date declared overfished: January 4, 2000.
    Areas affected: Point Conception (34[deg]27' N. lat.) to the U.S. 
Mexico boundary.
    Status of stock: In 2007 it was at 4.6 percent of unfished spawning 
biomass.
    B0: 2,494 mt.
    BMSY: 997 mt.
    TMIN: 2060.
    TF=0: 2061.
    TMAX: 2098.
    Target (median) year to rebuild: 2072.
    SPR target fishing intensity: 82.1 percent.
    ABC: 13 mt in 2009 and 14 mt in 2010.
    OY: 4 mt in 2009 and 2010.
    Biology of the stock: Cowcod are found at depths of 11-200 fm (75-
366 m). Cowcod range from central Oregon to central Baja California and 
Guadalupe Island. However, they are rare off Oregon and Northern 
California. It has long been argued that smaller cowcod are found at 
the shallow end of the depth range. Recent submersible work, however, 
indicates that cowcod size distribution may be more associated with sea 
floor structure than depth. In Monterey Bay, juvenile cowcod recruit to 
fine sand and clay sediments at depths of 22-56 fm (40-100 m) during 
the months of March-September. Adults are found at depths of 50-280 fm 
(90-500 m) usually on high relief rocky bottom. Adult cowcod are 
believed to be less abundant in depths greater than 175 fm (323 m).
    Management measures in 2009 and 2010: All directed cowcod fishing 
has been prohibited since 2001. Retention of cowcod will continue to be 
prohibited for all commercial and recreational fisheries. To prevent 
incidental cowcod harvest, two Cowcod Conservation Areas (CCAs) (the 
Eastern CCA and the Western CCA) in the Southern California Bight were 
delineated to encompass key cowcod habitat areas and known areas of 
high catches. The CCAs were codified into regulation on November 4, 
2003 (68 FR 62374). Fishing for groundfish is prohibited within the 
CCAs, except that minor nearshore rockfish, California scorpionfish, 
cabezon, lingcod, and greenling may be taken from waters where the 
bottom depth is less than 20 fm (36.9 m).

Darkblotched Rockfish

    Date declared overfished: January 11, 2001 (66 FR 2338).
    Areas affected: Coastwide.
    Status of the stock: In 2007 it was at 22.4 percent of its unfished 
spawning biomass level.
    SB0: 30,640 mt.
    SBMSY: 12,256 mt.
    TMIN: 2015.
    TF=0: 2018.
    TMAX: 2040.
    ABC: 437 mt in 2009, 440 mt in 2010.
    OY: 285 mt in 2009, 291 mt in 2010.
    Target (median) year to rebuild: 2028.
    SPR target fishing intensity: 62.1 percent for 2009 and 2010.
    Biology of the stock: Darkblotched rockfish are most abundant on 
the outer continental shelf and slope, mainly north of Point Reyes 
(38[deg] N. lat.). Most adult darkblotched rockfish are associated with 
hard substrates on the lower shelf and upper slope at depths between 77 
and 200 fm (140 and 365 m). Darkblotched rockfish migrate to deeper 
waters with increasing size and age. Diurnal migration, rising off 
bottom at night, is also a likely behavior of darkblotched rockfish. 
Fish landed in California generally had smaller size at age than fish 
landed in the two northern states (Oregon and Washington). Size at age 
in the 2003 and 2004 survey data

[[Page 80532]]

did not, however, change significantly with latitude.
    Management measures in 2009 and 2010: Because of their deeper 
distribution, darkblotched rockfish are caught almost exclusively by 
commercial vessels. Most landings have been made by bottom trawl 
vessels targeting flatfish on the shelf, and rockfish and the DTS 
species on the slope. Even once the darkblotched rockfish population is 
rebuilt to BMSY, its population size will still be small 
relative to the larger complex of slope rockfish species. Since 2001, 
darkblotched rockfish have had species specific ABCs and OYs, and were 
removed from the minor slope rockfish complex. In continued recognition 
of its status as a minor, but increasingly healthy, stock within a 
larger stock complex, darkblotched rockfish continues to be managed 
within the minor slope rockfish trip limits. Management measures 
intended to limit bycatch of darkblotched rockfish and maintain fishing 
mortality within the OY specified for 2004 include (1) RCAs and (2) 
cumulative trip limits.
    The boundaries of the RCAs vary by season and fishing sector and 
may be modified in response to new information about geographical and 
seasonal distribution of bycatch. The seaward boundary of the trawl RCA 
was set at a depth that was likely to keep fishing effort in deeper 
waters and away from areas where the bycatch of darkblotched rockfish 
was highest. During the winter months, modifications to the line allow 
for the harvest of flatfish while minimizing the impacts on 
darkblotched rockfish.
    Cumulative limits for slope rockfish north of 40[deg]10[min] N. 
lat. are intended to accommodate incidental take of darkblotched 
rockfish. These slope rockfish limits are intended to allow vessels to 
retain slope rockfish taken as bycatch in the DTS (Dover sole, 
thornyhead, sablefish) fishery. Cumulative limits for splitnose 
rockfish, a co-occurring species between 40[deg]10[min] N. lat. and 
38[deg] N. lat., are constrained to reduce the catch of darkblotched 
rockfish. As needed, trip limits for other co-occurring species are 
adjusted to reduce darkblotched rockfish bycatch.
    Incidental catch of darkblotched rockfish during the primary season 
for whiting will be constrained by sector-specific bycatch limits that 
require closure of the commercial whiting fisheries when reached. For 
2009 and 2010, the darkblotched rockfish bycatch limits for the 
commercial whiting fisheries are: 8.5 mt for the catcher/processor 
fishery; 6.0 mt for the mothership fishery; and 10.5 mt for the 
shoreside fishery. A final 2009 and 2010 whiting ABC and OY will be 
adopted at the Council's March meetings in those years, and the bycatch 
limits may be reconsidered at that time and adjusted inseason.

POP

    Date declared overfished: March 3, 1999.
    Areas affected: Vancouver and Columbia.
    Status of stock: Following the 2007 stock assessment, the stock in 
2007 was believed to be at 27.5 percent of unfished spawning biomass 
level.
    SB0: 36,983 units of spawning output.
    SBMSY: 14,793 units of spawning output.
    TMIN: 2009.
    TF=0: 2010.
    TMAX: 2042.
    Target year to rebuild: 2017.
    Median year to rebuild: 2011.
    SPR target fishing intensity: 86.4 percent.
    ABC: 1,160 mt in 2009 and 1,173 mt in 2010.
    OY: 189 mt in 2009 and 200 mt 2010.
    Biology of the stock: The POP population off the northern U.S. west 
coast (Columbia and U.S.-Vancouver areas) is at the southern extreme of 
the stock's range. POP are found on the upper continental slope 
(slope), 109-150 fm (200-275 m) during the summer and somewhat deeper, 
164-246 fm (300-450 m), during the winter. Adults sometimes aggregate 
up to 16 fm (29 m) above hard bottom features and may then disperse and 
rise into the water column at night. The maximum age of POP has been 
determined to be 70 to 90 years. The mean generation time is 28 years. 
POP recruitment into the spawning population occurs at 3 years of age. 
Age of maturity and size varies with locality. POP reach 90 percent of 
their maximum size by age 20 years.
    Management measures for 2009 and 2010: POP tend to occur in similar 
depths as darkblotched rockfish, although they have a more northern 
geographic distribution. Adult POP are often caught with other upper 
slope groundfish such as Dover sole, thornyheads, sablefish, and 
darkblotched, rougheye, and sharpchin rockfish. North of 40[deg]10[min] 
N. lat., POP are caught in similar fisheries as darkblotched rockfish. 
POP are rarely caught in the recreational fisheries. Management 
measures for 2009 and 2010 that are intended to limit the bycatch of 
POP and keep fishing mortality within the OY include (1) RCAs to 
restrict fishing in areas where POP are found and (2) cumulative trip 
limits.
    Because POP co-occur with darkblotched rockfish, measures to reduce 
the incidental catch of darkblotched rockfish benefit POP. These 
measures include seaward trawl RCA boundaries that are established to 
keep fishing effort in deeper water where POP are less abundant, and 
cumulative limits for POP and minor slope rockfish that are intended to 
discourage targeting while allowing low levels of incidental catch to 
be landed. As needed, trip limits for other co-occurring species may be 
adjusted to reduce POP bycatch.

Widow Rockfish

    Date declared overfished: January 11, 2001.
    Areas affected: Coastwide.
    Status of stock: In 2007 it was at 35.5 percent of its unfished 
spawning biomass.
    B0: 50,746 million eggs.
    BMSY: 20,298 million eggs.
    TMIN: 2009.
    TF=0: 2009.
    TMAX: 2023.
    Target year to rebuild: 2015.
    Median year to rebuild: 2009.
    SPR target fishing intensity: 95.0 percent.
    ABC: 7,728 mt in 2009, 6,937 mt in 2010.
    OY: 522 in 2009 and 509 in 2010.
    Biology of the stock: Widow rockfish are most abundant off northern 
Oregon and southern Washington and are one of the most abundant West 
Coast rockfish. Young of the year recruit to shallow nearshore waters 
after spending up to 5 months as pelagic larvae and juveniles in 
offshore waters. Adults range from bottom depths of 13 fm to 300 fm (24 
m to 549 m). Most adults occur near the shelf break at bottom depths 
between 77 fm to 115 fm (140 m to 210 m). Adults are semi pelagic with 
their behavior being dynamic. Large concentrations of widow rockfish 
form at night and disperse at dawn, an atypical pattern for rockfish. 
Widow rockfish tend to be more easily caught in higher abundance during 
El Ni[ntilde]o (anomalously warm and dry) years. Maximum age of widow 
rockfish is 59 years.
    Management measures in 2009 and 2010: Historically, widow rockfish 
were caught with yellowtail rockfish in waters off Washington. In the 
California and Oregon fisheries large pure catches of widow rockfish 
were taken from midwater schools. Current commercial limits for widow 
rockfish are intended to accommodate incidental catch and do not 
provide an incentive for directed fishing. Therefore, the midwater 
trawl fisheries for yellowtail rockfish, a co-occurring species with 
widow rockfish,

[[Page 80533]]

are also being constrained. Because bottom trawl opportunities for more 
constraining shelf rockfish species continue to be extremely limited, 
RCA management measures to restrict fishing on the shelf is expected to 
be beneficial to the recovery of widow rockfish. Non trawl fisheries 
have little incidental catch of widow rockfish.
    Incidental catch of widow rockfish during the primary season for 
whiting, will continue to be constrained by sector-specific bycatch 
limits that require closure of the commercial fisheries when reached. 
For 2009 and 2010 the widow rockfish bycatch limits are: 153 mt for the 
catcher/processor sector; 108 mt for the mothership sector; and 189 mt 
for the shore-based sector. Final 2009 and 2010 Whiting ABCs and OYs 
will be adopted at the Council's March meeting and the bycatch limits 
may be reconsidered at that time and adjusted inseason.

Yelloweye Rockfish

    Date declared overfished: January 11, 2002.
    Areas affected: Coastwide.
    Status of stock: In 2007 it was believed to be at 14.5 percent of 
its unfished spawning biomass.
    B0: 3,062 mt.
    BMSY: 1,225 mt.
    TMIN: 2046.
    TF=0: 2049.
    TMAX: 2090.
    Target (median) year to rebuild: 2084.
    SPR target fishing intensity: 66.3 percent in 2009 and 2010, 71.9 
for 2011 and beyond.
    ABC: 31 mt in 2009, 32 mt in 2010.
    OY: 17 in each of 2009 and 2010.
    Biology of the stock: Yelloweye rockfish juveniles have been found 
at depths greater than 8 fm (15 m) in areas of high bottom relief. 
Adults range to depths of 300 fm (549 m). Most adults are caught off 
the middle and lower shelf at depths between 50 fm and 98 fm (91 m and 
180 m). Adult yelloweye rockfish tend to be solitary and are usually 
associated with areas of high relief with refuges such as caves and 
crevices, but also occur on mud adjacent to rock structures. They are 
usually found on or near the bottom. Maximum age of yelloweye rockfish 
is 115 years. Researchers have observed adult yelloweye rockfish 
associated with bocaccio, cowcod, greenspotted, and tiger rockfish.
    Management measures in 2009 and 2010: Yelloweye rockfish inhabit 
areas typically inaccessible to trawl gear. In the coastal trawl 
fishery, incidental catch occurs during the harvest of other target 
fisheries operating at the fringes of yelloweye rockfish habitat. 
Yelloweye rockfish is particularly vulnerable to hook and line gear. 
Currently, only incidental harvest of yelloweye rockfish is allowed in 
tribal and non tribal hook and line fisheries, and in recreational 
fisheries.
    Under the Council's recommended alternative a 20 fm depth 
restriction between 40[deg]10[min] N. lat. and 42[deg]50.00[min] N. 
lat. (Cape Blanco) would be required for the open access nearshore 
fishery. Limited entry fixed gear fisheries would have a seaward RCA 
boundary of 100 fm north of 46[deg]53.30[min] N. lat. (Point Chehalis) 
and a 125 fm seaward RCA boundary between Cape Blanco and 45[deg]03.83 
N. lat. (Cascade Head). However, a 100-fm seaward RCA boundary line 
would be in place for all non-trawl fixed gear fisheries on days when 
the commercial halibut fishery is open. Yelloweye Rockfish Conservation 
Areas (YRCAs) will continue to be used to reduce yelloweye rockfish 
catch in the commercial fixed gear, open access, and recreational 
fisheries. Six new YRCAs are proposed, five of which are applicable to 
both commercial non-trawl sectors and the recreational fishery off 
California, and may be implemented through inseason action if 
additional management measures are necessary to keep impacts on 
yelloweye rockfish below their rebuilding OY. The other new YRCA 
applies to the recreational fishery off Washington, and is designated 
as an area to be avoided by commercial fishers. YRCAs off the Coasts of 
Washington, Oregon, and California are defined at Sec.  660.390. 
Restrictions for all of the status quo YRCAs are unchanged via this 
action.

Overfishing

    The Magnuson-Stevens Act defines ``overfishing'' as ``a rate or 
level of fishing mortality that jeopardizes the capacity of a fishery 
to produce the maximum sustainable yield on a continuing basis.'' Under 
the FMP, ABCs for all species are set at the FMSY level, the 
level that, for a particular year, is intended to produce maximum 
sustainable yield for that species on a continuing basis. None of the 
2009 or 2010 ABCs would be set higher than FMSY or its 
proxy, none of the OYs would set higher than the corresponding ABCs, 
and the management measures in this proposed rule are designed to keep 
harvest levels within specified OYs.
    When evaluating whether overfishing has occurred for any species 
under the FMP, NMFS compares that species' estimated total catch 
(landed catch + discard) in a particular year to its ABC for that year. 
Overfishing is difficult to detect inseason for many groundfish, 
particularly for minor rockfish species, because most species are not 
individually identified on landing. Species compositions, based on 
proportions encountered in samples of landings and extrapolated 
observer data, are applied during the year. However, final results are 
not available until after the end of the year.
    In the preamble to the proposed rule for the 2007-2008 groundfish 
specifications and management measures, NMFS discussed overfishing that 
had occurred in 2004. This proposed rule discusses overfishing 
estimated to have occurred in 2005 and 2006 and preliminary indicators 
of whether overfishing occurred on any species in 2007. When new data 
are available, NMFS updates estimates of whether overfishing has 
occurred as part of the agency's report to Congress on the Status of 
U.S. Fisheries (http://www.nmfs.noaa.gov/sfa/statusoffisheries/SOSmain.htm).
    NMFS estimates that overfishing occurred on petrale sole during the 
2005 fishing season, since the total catch of petrale sole exceeded its 
ABC of 2,762 mt by 4 mt (100.1 percent of the ABC). In 2005, the Dover 
sole OY of 7,476 mt was exceeded by 31 mt (100.4 percent of the OY), 
the cabezon OY of 69 mt was exceeded by 11 mt (116 percent of the OY), 
and the canary rockfish OY of 46.8 mt was exceeded by 1.9 mt (104 
percent of the OY). Although the level of catch exceeded the OYs for 
Dover sole, cabezon and canary rockfish, overfishing did not occur 
because total catch was below the ABCs of 8,522 mt for Dover sole, 103 
mt for Cabezon and 270 mt for canary rockfish. For all remaining 
groundfish species or species groups, NMFS estimates that total catch 
was below both ABCs and OYs in 2005.
    NMFS estimates that no overfishing occurred during the 2006 fishing 
season, since no ABCs were exceeded. In 2006, the Dover sole OY of 
7,564 mt was exceeded by 166 mt (102.2 percent of the OY), the canary 
rockfish OY of 47.1 mt was exceeded by 9.9 mt (121 percent of the OY), 
and the minor rockfish south OY for the nearshore species of 615 mt was 
exceeded by 96 mt (116 percent of the OY). Although, the level of catch 
exceeded the OY for these species, overfishing did not occur because 
total catch was below the ABCs of 8,589 mt for Dover sole, 270 mt for 
canary rockfish, or 3,412 mt for minor rockfish south. For all 
remaining groundfish species or species groups, NMFS estimates that 
total catch was below both ABCs and OYs. NMFS has taken action to 
prevent the fisheries from exceeding the ABCs and OYs for these species 
and does not expect that harvest exceedances in 2005 or 2006 will

[[Page 80534]]

jeopardize the rebuilding progress for either species.
    Preliminary data from the 2007 fisheries show that no ABCs were 
exceeded in 2007. NMFS will not have complete observer data on the 2007 
fisheries until late 2008, at which time NMFS will be better able to 
analyze total groundfish catch to determine whether overfishing 
occurred on any other species.

2009-2010 Fishery Management Measures

    As discussed earlier in this document, groundfish fishery 
management measures for 2009-2010 are intended to rebuild overfished 
species as quickly as possible, taking into account the status and 
biology of the stocks and the needs of fishing communities. Within the 
constraints of protecting overfished species, the Council's management 
measure recommendations are intended to allow fishery participants as 
much access to healthy stocks as possible. In 2009 and beyond, fishing 
communities will have to forego much of the available harvestable 
surplus of healthy groundfish stocks that co-occur with overfished 
species so that overfished species may be rebuilt as quickly as 
possible. Management measures intended to address the rebuilding needs 
of specific overfished species are discussed earlier in this document, 
in the species-specific sections of ``OY Policies and Rebuilding 
Parameters for Overfished Species''.
    The types of management measures in this proposed rule do not vary 
significantly from those used in recent years to reduce the incidental 
catch of overfished species while allowing some harvest of co-occurring 
healthy stocks. Management measures are intended to allow overfished 
species to rebuild by reducing their catch in times and areas where 
they most frequently occur, to minimize bycatch with gear and fishing 
area restrictions, and to distribute groundfish harvest throughout the 
year as much as possible to maintain groundfish fishing opportunities 
and markets. The fisheries management regime tends to be most 
constrained by protective measures for yelloweye and canary rockfish 
coastwide. Trawl fisheries are additionally constrained by measures to 
prevent bycatch of POP, darkblotched, and widow rockfish.
    Groundfish management measures that will continue to be used in 
2009-2010 include: Trip and bag limits, size limits, differential trip 
limits by gear type, season openings and closures, large-scale area 
closures such as the RCAs, gear restrictions, and bycatch limits. In 
addition to the fishery-specific management measures addressed below, 
the Council recommended revisions to RCA boundary lines needed to 
ensure that the lines better approximate the depth contours they are 
intended to represent and the lines that approximate each depth contour 
do not intersect or cross over each other. New RCA lines proposed via 
this action include a new 25-fm (46-m) boundary line approximation off 
the coast of southern Washington, between 47[deg]31.70[min] N. lat. 
(Queets River) and 46[deg]38.17[min] N. lat. (Leadbetter Point). This 
new modified management line would be available, if necessary, to 
expand the recreational RCA shoreward as an inseason action to reduce 
impacts on canary and yelloweye rockfish in this area. In Washington 
Marine area 4, between 48[deg]02.35[min] N. lat. and 47[deg]59.50[min] 
N. lat., the boundary line approximating the 100-fm (183-fm) depth 
contour, which is generally used as the seaward boundary line for the 
non-trawl RCA, is expanded seaward to encompass and eliminate fishing 
effort in an area of known canary and yelloweye rockfish impacts.
    Changes to the RCA lines in waters offshore of the state of 
California are proposed to better approximate depth contours and 
correct errors. There are sixteen changes to boundary lines that 
approximate depth contours, used to define the trawl and non-trawl 
RCAs, proposed in this proposed rule. The Council also recommended new 
discrete conservation areas off the coasts of Washington and California 
to reduce fishery impacts to overfished species. As explained in past 
actions to implement groundfish specifications and management measures, 
area closures and other fishing restrictions to protect overfished 
species have been designed to best minimize overfished species bycatch 
using the mechanisms most appropriate to the fishery managed. As a 
result, the fishery management regime for recreational fisheries is 
different than that implemented for commercial fisheries. Yelloweye 
rockfish are not commonly caught in trawl fisheries; therefore, 
management measures to minimize incidental catch of yelloweye focus 
most strongly on constraining the recreational and non-trawl commercial 
fisheries. Off the coast of Washington, a new recreational closed area 
is proposed, and would also be designated as an area to be voluntarily 
avoided for the commercial sectors, called the Westport Offshore YRCA. 
Off the coast of California, five discrete yelloweye rockfish 
conservation areas (YRCAs), which include both state and Federal 
waters, were documented as areas of high yelloweye encounter rates in 
hook and line fisheries and the Council recommended that these areas 
could be used as inseason closures, implemented by NMFS and the State, 
if additional reductions in yelloweye rockfish catch in the California 
recreational fishery or the commercial non-trawl fishery are necessary 
during the biennium. These areas include the general areas of Point St. 
George, South Reef, Reading Rock, and Point Delgada (North and South). 
This proposed rule would make changes to the groundfish conservation 
area and RCA boundary line regulations at 50 CFR 660.390 through 
660.394, implementing area closures off Washington and defining areas 
off California, making them available for potential inseason closure, 
as part of routine recreational management measures.
    The management measures proposed in this rule are only part of the 
overall management strategy for West Coast groundfish. NMFS will 
continue to require vessels to carry and operate VMS units to monitor 
fishing locations, and to carry observers when requested by NMFS. NMFS 
and the states will again be conducting stock assessments over the next 
two years, which will inform the 2011-2012 specifications and 
management measures process and provide a gauge for rebuilding 
progress.
    Federal regulations for the West Coast groundfish fishery are found 
in 50 CFR, subpart G, Sec. Sec.  660.301 through 660.399. Definitions 
for terms used in groundfish regulations are at Sec.  660.302. 
Prohibitions are at Sec.  660.306. Routine and automatic fishery 
management measures, as identified at Sec.  660.370 and implemented in 
Sec. Sec.  660.370 through 660.385 and in Tables 3-5 of subpart G, will 
continue to be available for revision through the inseason management 
process. Management measures for the non-trawl sablefish fisheries are 
found at Sec.  660.372, although daily/weekly sablefish limits are 
found in Tables 4 and 5 (North) and Tables 4 and 5 (South) of subpart 
G. Management measures for the primary Pacific whiting season are found 
at Sec.  660.373, although trip limits for vessels operating outside of 
the primary season are found in Tables 3 (North) and (South) of subpart 
G. Coordinates for all of the closed areas affecting the groundfish 
fisheries, including the EFH conservation areas, are found in 
Sec. Sec.  660.390 through 660.399.

Limited Entry Trawl Fishery Management Measures

    The types of management measures proposed for the limited entry 
trawl fishery in 2009-2010 are similar to

[[Page 80535]]

those implemented for 2007-2008. The specific closed areas and 
cumulative landings limits are slightly different than in the past 
biennium. When compared to management measures at the start of the 
2007-2008 biennium, the seaward and shoreward boundaries of the trawl 
RCA are divided on a finer spatial scale North of 40[deg]10.00' N. lat. 
When compared to management measures at the start of the 2007-2008 
biennium, landing limits for some species and gear types are more 
liberal in response to increased harvest specifications resulting from 
new or updated stock assessments for canary rockfish, sablefish, 
bocaccio, pacific ocean perch, and widow rockfish. Section ``2009-2010 
Groundfish ABCs'' of this proposed rule describes the new stock 
assessments used in deciding the 2009-2010 harvest specifications. More 
liberal management measures for certain species and gear types at 
different times of the year are intended to allow increased harvest of 
healthy stocks, in times and areas that have lower impacts on 
overfished groundfish species. More restrictive management measures are 
intended to respond to the need to rebuild overfished species as 
quickly as possible, taking into account various factors, and also to 
implement harvest reductions resulting from a new darkblotched rockfish 
stock assessment. NMFS's bycatch model for the limited entry trawl 
fishery does not differ significantly from that used in setting the 
2007-2008 fishery management measures, except that new and more recent 
observer data has been incorporated into that model.
    As in past years, trawl fisheries continue to be managed with 
differing RCAs and cumulative trip limits north and south of 
40[deg]10.00[min] N. lat. North of 40[deg]10.00[min] N. lat., the 
shoreward boundary of the trawl RCA is set primarily based on the need 
to reduce canary rockfish bycatch, although its location is also 
expected to reduce incidental take of other, northern overfished shelf 
species such as widow and yelloweye rockfish. Most adult canary 
rockfish are caught off the middle and lower continental shelf, 
therefore vessels operating shoreward of the RCA are more likely to 
encounter canary rockfish than those operating seaward of the RCA. At 
their March 2007 meeting, the Council recommended finer scale spatial 
management North of 40[deg]10.00[min] N. lat. in response to higher 
than expected canary rockfish bycatch rates from 2005 observer data. On 
April 17, 2007, NMFS implemented seaward and shoreward boundaries for 
the northern trawl RCA divided at commonly used geographic coordinates, 
listed at Sec.  660.302 under ``North-South management area'', in 
addition to the division at 40[deg]10.00[min] N. lat. These routine 
adjustments to the RCA boundaries and the rationale for setting seaward 
and shoreward boundaries were discussed in detail in the inseason 
action that published in the Federal Register on April 18, 2007 (72 FR 
19390). This proposed rule would continue to use the finer scale 
spatial management used in 2007 and 2008 and the seaward and shoreward 
trawl RCA boundaries which will be divided at specific latitudes to 
reduce impacts to canary rockfish, while allowing harvest opportunities 
for healthy co-occurring stocks. This approach is primarily based on 
the need to reduce canary rockfish bycatch, and it is also expected to 
reduce incidental take of widow and yelloweye rockfish. The Council 
recommended implementing a shoreward boundary line approximating the 
75-fm (137-m) depth contour for the trawl RCA throughout the year, 
except in the area North of Cape Alava (48[deg]10.00[min] N. lat.). 
Between Cape Alava and the U.S./Canada border, where the highest canary 
rockfish impacts occurred in 2005, the RCA will extend to the shore, 
closing the fishing area shoreward of the RCA for the entire year. To 
reduce incidental take of canary rockfish shoreward of the RCA, vessels 
operating shoreward of the RCA in the area north of 40[deg]10.00[min] 
N. lat. are required to use selective flatfish trawl gear. The Council 
considered moving the shoreward boundary of the RCA even closer to the 
shore than 75-fm (137-m). However, the Council determined that moving 
trawl operations farther inshore could disturb sensitive Dungeness crab 
habitat. In addition to the concern about crab habitat, information in 
2007 and 2008 indicated that effort decreased more than anticipated 
when the shoreward boundary of the RCA was brought shoreward of the 
boundary line approximating the 75-fm (137-m) depth contour. Therefore 
the shoreward boundary of the trawl RCA is not proposed to be shoreward 
of the boundary line approximating the 75-fm (137-m) depth contour in 
the 2009-2010 biennium.
    The seaward boundary proposed for the trawl RCA north of 
40[deg]10.00[min] N. lat. is primarily designed to reduce bycatch of 
northern slope overfished species, POP and darkblotched rockfish. In 
2007 and 2008, the seaward boundaries of the RCA were liberalized by 
moving them shoreward, with the intent of shifting some of the 
nearshore effort seaward of the RCA to reduce impacts to canary 
rockfish. Projected impacts on darkblotched rockfish were within the 
2007 and 2008 OYs. Harvestable concentrations of darkblotched rockfish 
are sometimes found as far south as 38[deg] N. lat., which necessitates 
a more conservative seaward trawl RCA boundary line for the area 
between 40[deg]10.00[min] and 38[deg] N. lat. than for south of 38[deg] 
N. lat. North of 40[deg]10.00[min] N. lat., the seaward boundary of the 
Trawl RCA is at a line that approximates 250-fm (458-m) in January-
April and November-December (modified for petrale sole fishing in 
winter months) and at a line that approximates 200-fm (366-m) in May-
October.
    South of 40[deg]10.00[min] N. lat., the trawl RCA boundaries are 
most affected by the need to reduce incidental catch of bocaccio and 
canary rockfish, both of which are shelf species. The focus on shelf 
protection in the south means that the southern trawl RCA is narrower 
than in the north, which covers both shelf and slope habitat. South of 
40[deg]10.00[min] N. lat., the trawl RCA is primarily proposed to be 
between 100-fm (183-m) and 150-fm (274-m) with an extension of the 
seaward trawl RCA boundary to a petrale-modified 200-fm (368.6-m) line 
in winter months (January-February and November-December) between 
38[deg] and 40[deg]10.00[min] N. lat. South of 34[deg]27.00[min] N. 
lat., the trawl RCA around islands is proposed to be between the 
shoreline and 150-fm (274-m).
    Modifications to cumulative trip limits in the non-whiting trawl 
fishery used in conjunction with closed area management are intended to 
control catch of target species and to reduce impacts on co-occurring 
overfished stocks. For the 2009-2010 biennium, cumulative trip limits 
are adjusted from status quo in response to: Changes in specifications 
that may increase or decrease allowable catch of target species; 
changes in specifications or rebuilding plans that may increase or 
decrease allowable catch of co-occurring overfished species; and the 
most recently available fishery information from ongoing 2008 
fisheries.
    Coastwide adjustments in cumulative trip limits are proposed for 
Dover sole, longspine and shortspine thornyheads, and sablefish (DTS 
complex) based on the landings information in the 2008 fishery, and new 
2009-2010 specifications. Lower than anticipated landings of sablefish 
early in the 2008 fishery indicate that cumulative limits can be raised 
in January through April of the 2009-2010 biennium, to provide 
additional fishing opportunity early in the calendar year and reduce 
the seasonal increases, that were made

[[Page 80536]]

through inseason adjustments in 2008, resulting in a more constant 
availability of fishing opportunity throughout the calendar year. 
Generally, longspine and shortspine thornyhead cumulative limits are 
reduced coastwide in response to reduced 2009-2010 specifications, 
relative to status quo.
    North of 40[deg]10.00' N. lat., cumulative limits for vessels using 
selective flatfish trawl gear to target various flatfish species are 
generally increased due to additional availability of co-occurring 
canary rockfish in the nearshore area where selective flatfish trawl 
gear is primarily used.
    South of 40[deg]10.00' N. lat., cumulative limits for splitnose 
rockfish, sablefish, Dover sole and chilipepper rockfish are increased 
due to lower than expected catches of these species in 2008. Cumulative 
limits for minor slope rockfish and darkblotched rockfish are reduced 
between 40[deg]10.00' and 38[deg] N. lat. to reduce impacts on 
overfished darkblotched rockfish, and to keep total mortality within 
the 2009-2010 darkblotched rockfish OYs.
    The tables that further describe species specific cumulative trip 
limits in the limited entry trawl fishery can be found in tables 3 
(North) and 3 (South) of subpart G.

Limited Entry Whiting Trawl Fishery

    The Council recommended an assortment of management measures for 
the Pacific whiting fishery, including: Sector-specific bycatch limits, 
closing the whiting fishery upon projected attainment of a bycatch 
limit, mandatory monitoring of Pacific whiting deliveries for fish 
ticket verification, maximized retention requirements for catcher 
vessels delivering to mothership processors, exceptions to some 
regulations for Pacific whiting shoreside vessels that are 75 feet in 
length or less, new observer coverage requirements for Pacific whiting 
shoreside vessels that sort catch at sea, and provisions to allow 
inseason depth-based closures.

Sector-Specific Bycatch Limits

    To allow the Pacific whiting industry to have the opportunity to 
harvest higher OYs, the Council has used bycatch limits to restrict the 
catch of certain overfished species. 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 overfished species within 
adopted bycatch limits. In recent years, bycatch limits have been used 
for the most constraining overfished species; darkblotched, canary and 
widow rockfish. Since 2005, a single bycatch limit for each species has 
been used for all commercial sectors of the fishery.
    Concern that bycatch in one sector would result in the closure of a 
different sector of the fishery led the Council to recommend sector-
specific bycatch limits rather than a single bycatch limit for all 
commercial sectors. The bycatch limits will be divided among sectors in 
the same percentages as the whiting is allocated. Therefore, this 
proposed rule specifies sector-specific bycatch limits for each of the 
commercial sectors of the Pacific whiting fishery. If a sector-specific 
bycatch limit is reached or is projected to be reached, the Pacific 
whiting fishery for that sector would be closed. When a sector is 
closed because a bycatch limit has been reached or was projected to be 
reached, unused amounts of the bycatch limit species would be rolled-
over to the remaining sectors of the non-tribal Pacific whiting 
fishery. If a sector reaches its whiting allocation, unused amounts of 
bycatch limit species would be shifted to those sectors of the non-
tribal Pacific whiting fishery that remain open. The following bycatch 
limits are proposed for 2009 and 2010: for catcher/processors 6.1 mt of 
canary rockfish, 153.0 mt of widow rockfish; and 8.5 mt of darkblotched 
rockfish; for motherships 4.3 mt of canary rockfish, 108.0 mt of widow 
rockfish; and 6.0 mt of darkblotched rockfish; and for shore-based 7.6 
mt of canary rockfish, 189.0 mt of widow rockfish; and 10.5 mt of 
darkblotched rockfish.
    When the Council sets final 2009 and 2010 Pacific whiting harvest 
levels the bycatch limits may be reevaluated, and the Council may make 
recommendations to revise the limits. It must be noted that bycatch 
limits are not allocations, but instead are a management tool used to 
control the potential impacts of the non-tribal Pacific whiting 
fisheries on other groundfish fisheries. Canary rockfish is the only 
bycatch limit species for which a harvest guideline is being 
established specifically for the whiting fishery.
    The Council also recommended that NMFS implement regulatory 
provisions that allow each sector of the whiting fishery to be closed 
through an automatic action when NMFS projects the attainment of a 
bycatch limit. Closing on the projected attainment was recommended as a 
measure to reduce the risk of exceeding a specified bycatch limit and 
possibly an overfished species OY. The Council recognized that closing 
upon projected attainment may inadvertently result in a bycatch limit 
being exceeded or result in the actual catch being well under the 
bycatch limit, due to imprecise projections. If a sector is closed 
before actually attaining the bycatch limit, a portion of a sector's 
Pacific whiting allocation could remain unharvested. However, the 
Council indicated that closing upon actual attainment, as is currently 
done, includes too much of a risk of exceeding the bycatch limit and 
potentially resulting in the OY for a bycatch limit species being 
exceeded.
    At its June 2007 meeting, the Council recommended that NMFS 
implement Federal regulations for a maximized retention and monitoring 
program in the Pacific whiting shoreside fishery. The recommended 
rulemaking would require vessels participating in the Pacific whiting 
shoreside fishery to procure and pay for video-based electronic monitor 
system (EMS) services, and for Pacific whiting shoreside first 
receivers to procure and pay for the services of one independent catch 
monitor. Catch monitors are individuals who are primarily responsible 
for collecting catch data that is used for fish ticket verification. 
NMFS is in the process of implementing the maximized retention program 
for the shoreside whiting fishery recommended by the Council in June 
2007, and anticipates that a final rule will be in place soon after the 
effective date of the 2009-2010 harvest specifications and management 
measures proposed by this action.
    To ensure the integrity of the shoreside whiting monitoring 
program, including the increased requirements of sector-specific 
bycatch limits, the Council recommended that NMFS increase the catch 
monitor coverage requirements from what had been recommended in June 
2007 (one catch monitor per facility) to full coverage in which all 
Pacific whiting deliveries are monitored by catch monitors (the number 
of individual catch monitors per facility would vary depending on the 
hours of operation and the number of Pacific whiting deliveries 
received each day). The catch monitor coverage requirements recommended 
by the Council are not being implemented by this action because an 
analysis of the impacts must first be completed. NMFS intends to 
implement the catch monitoring provisions in a subsequent rulemaking 
that implements all of the provisions of the Pacific whiting shoreside 
fisheries maximized retention and monitoring program. It is anticipated 
that the proposed maximized retention and monitoring program action 
will include the following provisions: Catch monitor coverage 
specifications, requirements to procure catch monitors from NMFS

[[Page 80537]]

certified catch monitor providers, and defined responsibilities of 
first receivers relative to the acceptance of unsorted catch and catch 
monitoring.
    The mothership sector of the whiting fishery is composed of catcher 
vessels that harvest Pacific whiting and mothership vessels that 
process, but do not harvest Pacific whiting. Regulations at 50 CFR 
660.314(c) and 660.314(e) require mothership processors to pay for and 
carry two observers. Observers sample catch received from the catcher 
vessels and provide data used to estimate total catch by species. The 
catcher vessels are currently unmonitored. In recent years the Council 
has raised concern about increased incentives to discard bycatch limit 
species to prevent the fishery from being closed.
    To ensure the integrity of the whiting monitoring program, 
including the increased requirements of sector-specific bycatch limits 
in the Pacific whiting fishery, the Council recommended that NMFS 
require catcher vessels delivering to motherships to pay for and use 
EMS monitoring at all times to insure that catch is being retained. EMS 
units consist of two or more closed circuit television cameras, global 
positioning systems (GPS), hydraulic and winch sensors, and on-board 
data storage. NMFS has determined that EMS is a suitable tool for 
monitoring full or maximized retention in the whiting fishery. The EMS 
requirements for catcher vessels in the mothership sector recommended 
by the Council are not being implemented by this action. Because the 
infrastructure necessary to support EMS monitoring is not currently in 
regulation and was not analyzed in the DEIS, NMFS intends to implement 
the requirements in a subsequent rulemaking. To assure that only 
qualified businesses provide EMS services, the Federal regulations for 
a maximized retention and monitoring program for the Pacific whiting 
shoreside fishery as recommended by the Council in June 2007 includes 
EMS system specifications and performance standards as well as EMS 
provider certification requirements. NMFS intends to certify providers 
through an application and review process in which businesses provide 
information regarding their ability to provide adequate services to 
support the EMS monitoring, data storage and data processing needs. 
NMFS anticipates that the subsequent rulemaking will require the owners 
of catcher vessels participating in the Pacific whiting mothership 
fishery to procure EMS services from a NMFS EMS certified service 
provider and pay all associated costs.
    The Council also recommended that NMFS prohibit discarding by 
catcher vessels in the mothership sector. Because current regulations 
do not contain language that specifically prohibits catcher vessels in 
the mothership sector from dumping catch at sea, a prohibition is being 
added to clarify the intent of the existing regulations. Regulations at 
Sec.  660.306(i)(2) currently prohibit vessels from interfering with or 
biasing the sampling employed by an observer by mechanically or 
physically sorting or discarding catch before sampling. This language 
was intended to include the dumping of catch at sea by catcher vessels.
    Current groundfish regulations at 50 CFR 660.302 define shore-based 
processing as an activity that occurs at a facility that is permanently 
fixed to land and involves the preparation or packaging of groundfish 
for human consumption, retail sale, industrial uses or long-term 
storage, including, but not limited to, cooking, canning, smoking, 
salting, drying, filleting, freezing, or rendering into meal or oil. It 
does not mean heading and gutting unless additional preparation is 
done. In addition to allowing heading and gutting, the Council 
recommended that an exemption be provided for the shore-based sector 
that would allow Pacific whiting shoreside vessels 75 feet in length or 
less, to remove the tails of whiting and to allow the catch to be 
frozen to increase the value. The Pacific whiting allocation taken by 
these vessels would continue to be attributed to the shore-based 
allocation.
    In 2006 and 2007, a single vessel headed and gutted Pacific whiting 
at sea. The vessel used a smaller net and shorter tows to maintain 
product quality. Head and gut machines were used at sea and the product 
was immediately placed in thick slurry of ice. As a result, the vessel 
was able to significantly increase its at-sea production and ex-vessel 
price of Pacific whiting. Because the Pacific whiting were only headed 
and gutted (i.e., the tails were left on) and not frozen, the vessel's 
activities did not result in the vessel being considered an at-sea 
processor. Allowing the Pacific whiting to be tailed and frozen would 
further increase the value of the catch.
    Under current regulation, unmonitored Pacific whiting shoreside 
vessels that sort at sea are allowed to fish within the RCAs. The 
integrity of the RCAs as well as the ability to monitor bycatch limits 
was identified as an issue when Pacific whiting shoreside vessels that 
sort at sea are unmonitored. The Council recommended that NMFS require 
Pacific whiting shoreside vessels that sort their catch at sea to 
procure and pay for the services of NMFS-certified observers in the 
same manner as the at sea processors. Allowing fishers to land value-
added Pacific whiting catch is expected to increase exvessel revenues 
and offset the added overhead cost of observers.
    The Council recommended that NMFS implement regulations that allow 
depth-based closures for the whiting fishery as an inseason management 
measure when NMFS projects that a sector of the non-tribal Pacific 
whiting fishery will reach a bycatch limit before the Pacific whiting 
allocation for the sector is projected to be reached. Regulatory 
provisions would allow for depth-specific closures using the specified 
depth-based management lines of 75 fm (137 m), 100 fm (183 m) or 150 fm 
(274 m) to be used to restrict the fishery by sector. Although bycatch 
rate estimates vary by depth and sector, the analysis suggests that 
fishing deeper that 150 fm (274 m) results in reduced canary and 
yelloweye rockfish rates, while deeper fishing is more likely to result 
in increased catch of darkblotched and widow rockfish. Maintaining the 
ability to restrict the Pacific whiting fishery to depths to reduce the 
catch of bycatch limit species provides the fishery participants with 
flexibility to avoid overfished species, but maintains a mechanism for 
further reducing the incidental take if necessary. Taking this flexible 
approach allows the conditions in the fishery as well as the tradeoffs 
between the three depleted rockfish species and Chinook salmon to be 
taken into consideration.

Limited Entry Fixed Gear and Open Access Non-trawl Fishery Management 
Measures

    Management measures for the limited entry fixed gear and open 
access non-trawl fisheries tend to be similar because the majority of 
participants in both fisheries use hook-and-line gear. These fisheries 
will be most constrained by management measures to decrease impacts on 
yelloweye rockfish. The non-trawl RCA boundaries proposed for 2009-2010 
are the same as those implemented for the non-trawl fisheries in 2007-
2008, except for the following proposed changes. The seaward and 
shoreward boundaries of the non-trawl RCA vary along the coast, and are 
divided at commonly used geographic coordinates, defined in Sec.  
660.306, including the status quo division at the north-south 
management line at 40[deg]10.00' N. lat. in Northern California.

[[Page 80538]]

New divisions of the RCA boundaries are established based on recently 
available fishery information, indicating that some areas where the 
non-trawl fishery occurs have higher yelloweye rockfish impacts than 
others, and the RCA boundaries are adjusted to reduce impacts to 
yelloweye rockfish in these areas. The seaward boundary between 
45[deg]03.83' N. lat. (Cascade Head) and 42[deg]50.00' N. lat. (Cape 
Blanco) is proposed to be moved from the boundary line approximating 
the 100-fm (183-m) depth contour to the boundary line approximating the 
125-fm (229-m) depth contour, except on days when the directed halibut 
fishery is open, the seaward boundary remains at the line approximating 
the 100-fm (183-m) depth contour. This change in the seaward boundary 
is designed to reduce impacts on yelloweye in the limited entry fixed 
gear sablefish fishery. Also, the shoreward RCA boundary from 
42[deg]50.00' N. lat. to 40[deg]10.00' N. lat. is proposed to be moved 
from the boundary line approximating the 30-fm (55-m) depth contour to 
the boundary line approximating the 20-fm (37-m) depth contour. This 
change is proposed because WCGOP data has shown higher yelloweye 
bycatch rates in this area, and this change would attempt to reduce 
bycatch rates in this specific area. The non-trawl RCA boundaries from 
North to South are proposed to be as follows: From the U.S./Canada 
Border and 45[deg]03.83' N. lat. the non-trawl RCA is proposed to be 
between the shoreline and a boundary line approximating the 100-fm 
(183-m) depth contour. Between 45[deg]03.83' N. lat. and 42[deg]50.00' 
N. lat. the non-trawl RCA is proposed to be between the boundary lines 
approximating the 30-fm (55-m) and the 125-fm (229-m) depth contours. 
Between 42[deg]50.00' N. lat. and 40[deg]10.00' N. lat. the non-trawl 
RCA is proposed to be between boundary lines approximating 20-fm (37-m) 
and 100-fm (183-m) depth contours. Between 40[deg]10.00' N. lat. and 
34[deg]27.00' N. lat. the non-trawl RCA is proposed to be between 
boundary lines approximating the 30-fm (55-m) and 150-fm (274-m) depth 
contours. Between 34[deg]27.00' N. lat. and the U.S. border with 
Mexico, including waters around islands, the non-trawl RCA is proposed 
to be between boundary lines approximating the 60-fm (110-m) and 150-fm 
(274-m) depth contours. The Council also adopted new YRCAs off northern 
California defined in this proposed rule for later implementation 
through inseason action if necessary. The boundary lines vary along the 
coast because of the different abundances of overfished species along 
the coast.
    The Salmon Troll YRCA is found in groundfish regulation at Sec.  
660.383 and Sec.  660.390, and in the Pacific Coast salmon regulations 
at Sec.  660.405.
    Like trawl fishery participants, non-trawl vessels are also subject 
to several groundfish closed areas other than those within the RCA 
boundary lines and those intended for EFH conservation. The following 
closed areas apply to all non-trawl vessels, including both open access 
and limited entry fixed gear vessels, and have not been proposed for 
modification in 2009 and beyond (Sec.  660.390): A Cordell Banks Closed 
Area; closed areas around the Farallon Islands off San Francisco and 
San Mateo Counties, CA; the Eastern CCA.
    The non-trawl fisheries have little to no incidental catch of POP, 
darkblotched, or widow rockfish. The effects of these fisheries on 
bocaccio, canary, cowcod, and yelloweye rockfish are constrained as 
much as possible by the non-trawl RCA, described above, and by the 
YRCAs and CCAs. Trip limits proposed for the non-trawl fisheries in 
2009-2010 are similar to those that applied to these fisheries in 2007-
2008. The open access sablefish limit is more conservative than the 
limited entry limit, recognizing that the open access fleet can expand 
to an unknown number of participants. Tier limits for the limited entry 
sablefish-endorsed fleet are higher than in 2007-2008, reflecting the 
higher sablefish OY for 2009-2010 sablefish harvest specifications: In 
2009, Tier 1, 61,296 lb (27,803 kg); Tier 2, 27,862 lb (12,638 kg); 
Tier 3, 15,921 lb (7,221 kg). For 2010 the limits are as follows, Tier 
1, 56,081 lb (25,437 kg); Tier 2, 25,492 lb (11,562 kg); Tier 3, 14,567 
lb (6,648 kg).
    Similar to the limited entry trawl fishery, landings of spiny 
dogfish and Pacific cod taken in the non-trawl fisheries will be 
subject to trip limits throughout the 2009-2010 management cycle. In 
addition, trip limits for sablefish south of 36[deg] N. lat. were 
increased above 2007-2008 levels. These limits are increased due to 
higher specifications for sablefish in this area for 2009-2010 and 
prohibitions against fishing within the non-trawl RCA limit the effects 
of these fisheries on overfished species.
    Salmon trollers will be allowed to keep incidentally caught lingcod 
with a ratio limit of 1 lingcod per 15 Chinook, plus 1 lingcod up to a 
trip limit of 10 lingcod, up to a maximum limit of 400 lbs per month.
    The Council recommended mandatory logbooks for the limited entry 
and open access fixed gear fishing fleets. Development and 
implementation of a federal logbook system would take more time than is 
available for this rulemaking. Therefore, it is under consideration for 
implementation in the future.
    Management measures for the limited entry fixed gear fishery, 
including gear requirements, are found at Sec.  660.382, with 
management measures specific to the primary sablefish season found at 
Sec.  660.372. Limited entry fixed gear trip limits are found in Table 
4 (North) and Table 4 (South) of subpart G of part 660. Management 
measures for the open access fishery, including gear requirements, are 
found at Sec.  660.383. Open access trip limits are found in Table 5 
(North) and Table 5 (South) of subpart G of part 660.

Open Access Non-Groundfish Trawl Gear Fisheries Management Measures

    Open access non-groundfish trawl gear (used to harvest ridgeback 
prawns, California halibut, sea cucumbers, and pink shrimp) is managed 
with ``per trip'' limits, cumulative trip limits, and area closures. 
Trip limits in 2009-2010 are similar to those in 2007-2008. The 
species-specific open access limits apply; in addition vessels may not 
exceed overall groundfish limits. As in past years, the pink shrimp 
fishery is subject to species-specific limits that are different from 
other open access limits for lingcod and sablefish. Also, as in past 
years, thornyheads may not be taken and retained in the open access 
fisheries north of 34[deg]27.00' N. lat.
    Trawling with open access non-groundfish gear for pink shrimp will 
be permitted within the trawl RCA; however, the states require pink 
shrimp trawlers to use finfish excluder devices to reduce their 
groundfish bycatch, particularly to prevent bycatch mortality for 
canary and other rockfishes. Trawling for ridgeback prawns, California 
halibut, and sea cucumber is subject to the same RCA area closures as 
the limited entry trawl fishery, except that ridgeback prawn trawling 
will be permitted out to a boundary line approximating the 100-fm (183-
m) depth contour if and when the inshore boundary line of the limited 
entry trawl RCA is moved shallower than 100-fm (183-m). RCA 
restrictions off California are particularly intended to reduce bycatch 
and bycatch mortality for southern and coastwide overfished species 
such as bocaccio, cowcod, and canary rockfish. The CCA boundaries are 
not proposed to be changed for open access non-groundfish trawl 
vessels. Management measures for the open access fisheries, including 
gear requirements, are found at Sec.  660.383.

[[Page 80539]]

Trip limits are found in Table 5 (North) and Table 5 (South) of subpart 
G of part 660.

Recreational Fisheries Management Measures

    Recreational fisheries management measures are designed to limit 
catch of overfished and nearshore species to sustainable levels while 
also allowing viable fishing seasons. Overfished species that are taken 
in recreational fisheries are bocaccio, cowcod, canary, and yelloweye 
rockfish. Because sport fisheries are more concentrated in nearshore 
waters, the 2009-2010 recreational fishery management measures are also 
intended to constrain catch of nearshore species such as black rockfish 
and cabezon. These protections are particularly important for fisheries 
off California, where the bulk of West Coast recreational fishing 
occurs. Washington, Oregon, and California each proposed, and the 
Council recommended, different combinations of seasons, bag limits, 
area closures, and size limits to best fit the requirements to rebuild 
overfished species found in their regions, and the needs and 
constraints of their particular recreational fisheries.
    Recreational fisheries in northern California and Washington are 
constrained by the need to reduce yelloweye impacts. In order to reduce 
yelloweye impacts the Council adopted a new yelloweye RCA (YRCA) off 
Westport, Washington which would prohibit fishing for, and retention 
and possession of groundfish and halibut. The Council also adopted new 
YRCAs off northern California defined in this proposed rule for later 
implementation through inseason action as necessary. The status quo 
catch sharing plan for southern black rockfish OY of 42:58 between 
California and Oregon is proposed in this rule.
    Off Washington, recreational fishing for groundfish and halibut 
will continue to be prohibited inside the North Coast Recreational 
YRCA, a C-shaped closed area off the northern Washington coast, and the 
South Coast Recreational YRCA. In addition, a new Recreational YRCA is 
established, called the Westport Offshore YRCA. Coordinates for all of 
these YRCAs are defined at 50 CFR 660.390. The RCA for recreational 
fishing off Washington will be the same as in 2008. The groundfish bag 
limit off Washington will remain the same as in 2007-2008: 15 aggregate 
bottomfish bag limit; 10 rockfish sub-limit with no retention of canary 
or yelloweye rockfish; 2 lingcod sub-limit, with the lingcod minimum 
size of 22 inches (56 cm). The lingcod seasons in 2009 and 2010 will be 
similar to those in 2007-2008, beginning in mid-March and ending in 
mid-October, although the season north of 48[deg]10.00' N. lat. (Cape 
Alava) will not begin until mid-April. South of Leadbetter Point off 
the state of Washington, when halibut are onboard the vessel from May 
through September, there will be no retention of groundfish, except 
sablefish and Pacific cod.
    Off Oregon, recreational fishing for groundfish will be closed 
offshore of a boundary line approximating the 40-fm (73-m) depth 
contour from April through September. Recreational fisheries 
participation is heaviest during these months and this closure is 
intended to move the groundfish fisheries inshore of the continental 
shelf to reduce incidental catch of canary and yelloweye rockfish. The 
Stonewall Bank YRCA currently in place for the recreational Pacific 
halibut fishery off Oregon (71 FR 10850, March 3, 2006) will remain the 
same as in 2007-2008. In addition, EFH Conservation Areas, listed at 
Sec.  660.306, also apply to recreational fisheries using bottom 
contact gear off Oregon. The Oregon recreational fishery marine fish 
bag limit will be increased from 8 to 10 fish in aggregate. As in 
waters off Washington, retention of yelloweye and canary rockfish 
continues to be prohibited. The lingcod bag limit will increase from 2 
fish to 3 fish per day, and the size limit will remain 22 inches (56 
cm), as in Washington. The flatfish daily bag limit will remain 25 fish 
in aggregate (excluding Pacific halibut).
    For 2009-2010, recreational fisheries off California are proposed 
to be managed as six separate areas, up from four in 2007-2008, to 
allow more precision and flexibility in minimizing impacts on 
overfished stocks: The Northern area is defined as the area from the 
Oregon/California border to 40[deg]10.00' N. lat.; the North-Central 
North of Pt. Arena area is defined as the area from 40[deg]10.00' N. 
lat. to 38[deg]57.00' N. lat.; the North-Central South of Pt. Arena 
area is defined as the area from 38[deg]57.00' N. lat. to 37[deg]11.00' 
N. lat.; the South-Central Monterey area is defined as the area from 
37[deg]11.00' N. lat. to 36[deg] N. lat.; the South-Central Morro Bay 
area is defined as the area from 36[deg] N. lat. to 34[deg]27.00' N. 
lat. and the South area is defined as the area from 34[deg]27.00' N. 
lat. to the U.S./Mexico border. California updated its recreational 
fisheries catch model with data from the California Recreational 
Fisheries Survey (CRFS) to make recommendations to the Council for the 
2009-2010 fisheries. Season and area closures differ between California 
regions to better prevent incidental catch of overfished species 
according to where those species occur and where fishing effort is 
strongest. The California-wide combined bag limit for the Rockfish-
Cabezon-Greenling (RCG) complex would continue to be 10 fish per day 
when the season is open. RCG sub-bag limits will also remain the same, 
except that the cabezon limit statewide will increase from one fish to 
two fish per day and the bocaccio limit will increase south of 
40[deg]10.00' from one fish to two fish per day, making the bag limit 
consistent for the entire state of California. Fishing for lingcod will 
be closed in the winter months to prevent catch of lingcod during its 
spawning and nesting season. This rule proposes to remove the gear 
restriction regarding maximum hook size, number of hooks, and weight 
for sanddabs and ``other flatfish''. The efficacy of this gear 
restriction was analyzed using the CRFS database and was shown to have 
a minimal reduction on impact rates of overfished species.
    Between the Oregon/California border to 40[deg]10.00' N. lat. the 
recreational fishery will be open May 15 through September 15 (April-
November for lingcod) in waters shallower than the 20-fm (37-m) depth 
contour. Between 40[deg]10.00' N. lat. and 38[deg]57.00' N. lat. the 
recreational fishery will be open May 15-August 15 in waters shallower 
than the 20-fm (37-m) depth contour. Between 38[deg]57.00' N. lat. and 
37[deg]11.00' N. lat. the recreational fishery will be open June 13-
October 31 in waters shallower than a boundary line approximating the 
30-fm (55-m) depth contour. Between 37[deg]11.00' N. lat. and 36[deg] 
N. lat. the recreational fishery will be open May 1-November 15 in 
waters shallower than a boundary line approximating the 40-fm (73-m) 
depth contour. Between 36[deg] N. lat. and 34[deg]27.00' N. lat. the 
recreational fishery will be open May 1-November 15 in waters shallower 
than a boundary line approximating the 40-fm (73-m) depth contour. 
Between 34[deg]27.00' N. lat. and the U.S./Mexico border, the 
recreational fishery will be open from March-December in waters 
shallower than a boundary like approximating the 60-fm (110-m) depth 
contour. These time and area closures are primarily intended to reduce 
catch of yelloweye rockfish, as well as other co-occurring overfished 
rockfish species such as bocaccio and canary rockfish. Cowcod catch in 
the area south of 34[deg]27.00' N. lat. continues to be constrained by 
the CCAs, which are closed throughout the year to recreational fishing 
for groundfish. This proposed rule does not propose to modify the 
fishing restrictions within

[[Page 80540]]

the CCAs for the recreational fisheries. In addition, EFH Conservation 
Areas, listed at Sec.  660.306, apply to recreational fisheries using 
bottom contact gear off California.
    Management measures for recreational fisheries off all three West 
Coast states are found at Sec.  660.384.

Washington Coastal Tribal Fisheries Management Measures

    In 1994, the United States formally recognized that the four 
Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and 
Quinault) have treaty rights to fish for groundfish in the Pacific 
Ocean, and concluded that, in general terms, the quantification of 
those rights is 50 percent of the harvestable surplus of groundfish 
that pass through the tribes' usual and accustomed fishing areas 
(described at 50 CFR 660.324).
    For those species with tribal allocations, the tribal allocation is 
subtracted from the species OY before limited entry and open access 
allocations are derived. The tribal fisheries for sablefish, black 
rockfish, and whiting are separate fisheries and are not governed by 
the limited entry or open access regulations or allocations. The tribes 
regulate these fisheries so as to not exceed their allocations.
    The tribal harvest guideline for black rockfish is 9.1 mt (20,000 
lbs) for the management area between the U.S./Canada border and Cape 
Alava (48[deg]10.00' N. lat.) and is 4.5 mt (10,000 lbs) for the 
management area between Destruction Island and Leadbetter Point 
(46[deg]38.17' N. lat.). Similar to past years, the tribal sablefish 
set aside is 10 percent of the OY north of 36[deg] N. lat., less 1.6 
percent for estimated discard mortality. For both 2009 and 2010, the 
tribal sablefish set aside is 694 mt.
    The regulations at 50 CFR 660.324(d) establish the process by which 
the tribes with treaty fishing rights in the area covered by the 
Pacific Coast Groundfish Fishery Management Plan (FMP) request new 
allocations or regulations specific to the tribes, in writing, before 
the first of the two meetings at which the Council considers groundfish 
management measures. The regulations further state ``the Secretary will 
develop tribal allocations and regulations under this paragraph in 
consultation with the affected tribe(s) and, insofar as possible, with 
tribal consensus.'' These procedures employed by NOAA in implementing 
tribal treaty rights under the FMP, in place since May 31, 1996, were 
designed to provide a framework process by which NOAA Fisheries can 
accommodate tribal treaty rights by setting aside appropriate amounts 
of fish in conjunction with the Council process for determining harvest 
specifications and management measures. The Council's groundfish 
fisheries require a high degree of coordination among the tribal, 
state, and federal co-managers in order to rebuild overfished species 
and prevent overfishing, while allowing fishermen opportunities to 
sustainably harvest over 90 species of groundfish managed under the 
FMP. The management approach for whiting has been developed following 
these procedures.
    Since 1996, only the Makah Tribe has prosecuted the tribal fishery 
for Pacific whiting. However, for the 2009-2010 harvest specification 
cycle, three of the four coastal tribes indicated their intent to 
participate at some point during this two-year period. The Quinault 
Nation indicated their intent to start fishing in 2010, and both the 
Quileute and Makah Tribes indicated they intended to fish in both 2009 
and 2010. All three tribes notified NOAA Fisheries during the November 
2007 Council meeting and subsequently followed up with written 
proposals prior to the March 8-14, 2008 Council meeting as anticipated 
in the applicable regulations.
    After the initial tribal requests were received, several meetings 
and discussions occurred between the tribal, state, and federal co-
managers. These meetings resulted in an understanding by NOAA and the 
State of Washington that a tribal allocation of 50,000 mt. in 2009 
would satisfy the needs expressed by the Quileute and the Makah. This 
was based on the separate requests of the Quileute for up to 8,000 mt. 
in 2009 and the Makah for up to 42,000 mt. in 2009, for a total of 
50,000 mt.
    Based on the requests received from the Tribes during the schedule 
specified in 50 CFR Sec.  660.324, the Pacific Fisheries Management 
Council recommended a tribal set-aside of 50,000 metric tons (mt.) for 
2009 only, with the Makah Tribe to manage 42,000 mt., including the 
bycatch amounts associated with this portion of the set-aside, and the 
Quileute Tribe to manage 8,000 mt., including the bycatch amounts 
associated with this portion of the set-aside. The Council also 
requested that NOAA Fisheries convene the co-managers, including the 
states of Oregon and Washington, and the Washington coastal treaty 
tribes, in government to government discussions to develop a proposal 
for 2010 and beyond for tribal set-asides of Pacific Whiting. In 
accordance with this recommendation, NOAA Fisheries proposes an overall 
Tribal set-aside of 50,000 mt. for 2009 only. Further, NOAA proposes 
interim individual Tribal set-asides for the Quileute and Makah Tribes 
in the amounts of 8,000 mt. and 42,000 mt., respectively, which 
represents the amounts requested or agreed upon at the time the shares 
of the 2009 fishery were being established by the Council in accordance 
with the procedures set forth in 50 CFR 660.324. These interim 
individual Tribal set-asides for 2009 only are not in any manner to be 
considered a determination of treaty rights to the harvest of Pacific 
whiting for use in future fishing seasons, nor do they set precedent 
for individual Tribal allocations of the Pacific whiting resource: the 
amounts being set aside for each tribe for 2009 are based on the timely 
requests from the tribes at the June Council meeting.
    NMFS and the co-managers have also begun the process of determining 
the long-term tribal allocation for whiting. They met at the September 
2008 Council meeting and agreed on a process in which NOAA would pull 
together the current information regarding whiting, circulate it among 
the co-managers, seek comment on the information and possible analyses, 
and then prepare analyses of the information to be used by the co-
managers in developing a tribal allocation for use in 2010 and beyond. 
This process is on-going. Its goal is agreement among the co-managers 
on a total tribal allocation for incorporation into the Council's 
planning process for the 2010 season. The further goal is to provide 
the tribes the time and information to develop the inter-tribal 
allocation or other necessary management agreement.
    NOAA Fisheries believes that the 50,000 mt. interim set aside for 
2009 only, although higher than the prior tribal set asides, is still 
clearly within the tribal treaty right to Pacific whiting. Although as 
described above, further scientific review will occur in late 2008 and 
early 2009, current knowledge on the distribution and abundance of the 
coastal Pacific whiting stock reveals that 50,000 mt. lies within the 
range of a tribal treaty right to Pacific whiting. As described above, 
the co-managers are working to determine the long-term tribal set-aside 
for 2010 and beyond before the Council planning for the 2010 whiting 
season concludes.
    The tribes do not have formal allocation for Pacific cod or 
lingcod; however, the Council recommended adopting a tribal proposal 
for tribal Pacific cod and lingcod harvest guidelines in 2009 and 2010. 
In both 2009 and 2010, the tribes will be subject to an annual 400-mt 
Pacific cod harvest guideline and a 250 mt harvest guideline for 
lingcod. Spiny dogfish,

[[Page 80541]]

thornyheads, and several rockfish species taken in tribal fisheries 
will be managed via limited entry trip limits, described below.
    For some species for which the tribes have a modest harvest, no 
specific allocation has been determined. Rather than try to reserve 
specific allocations for the tribes, NMFS is establishing trip limits 
recommended by the tribes and the Council to accommodate tribal 
fisheries. The Makah tribe is proposing a directed longline fishery for 
spiny dogfish, in which the fishery would be restricted to limited 
entry fixed gear cumulative trip limits.
    For rockfish species, the 2009-2010 tribal fisheries will operate 
under trip and cumulative limits, and will be required by tribal 
regulations to fully retain all overfished and marketable rockfish 
species. All tribal fisheries are restricted to limited entry 
cumulative limit for longspine and shortspine thornyheads. For Other 
Minor Nearshore, Shelf and Slope rockfish, all tribal fisheries are 
restricted to a 300-lb (136-kg) per trip limit for each species group, 
or equal to the limited entry trip limits North of 40[deg]10.00' N. 
lat. if trip limits for those species groups are made less restrictive 
than 300-lb per trip through inseason adjustments during 2009-2010. For 
canary and yelloweye rockfish, all tribal fisheries are restricted to 
trip limits of 300-lb (136-kg) and 100-lb (45-kg), respectively. The 
tribes will continue to develop depth, area, and time restrictions in 
the directed tribal Pacific halibut fishery in order to minimize 
impacts on yelloweye rockfish. Tribal fishing regulations, as 
recommended by the tribes and the Council and adopted by NMFS, are in 
Federal regulations at 50 CFR 660.385.

Federal and State Jurisdiction

    The management measures herein, as well as Federal regulations at 
50 CFR part 660, subpart G, govern groundfish fishing vessels of the 
United States in the U.S. EEZ from 3-200 nautical miles offshore of the 
coasts of Washington, Oregon, and California. The States of Washington, 
Oregon, and California retain jurisdiction in state waters from 0-3 
nautical miles offshore. This is true even though boundaries of some 
fishing areas cross between Federal and state waters. Under their own 
legal authorities, the states generally conform their state regulations 
to the Federal management measures, so measures that apply to Federal 
and state waters are the same. This is not true in every case, however, 
and fishers are advised to consult both state and Federal regulations 
if they intend to fish in both state and Federal waters.
    Groundfish stocks are distributed throughout Federal and State 
waters. Therefore, the Federal harvest limits (OYs) include fish taken 
in both Federal and State waters, as do vessel trip limits for 
individual groundfish species. Other Federal management measures 
related to federally-regulated groundfish fishing also apply to 
landings and other shoreside activities in Washington, Oregon and 
California.

Housekeeping Measures

    NMFS is proposing to correct and update the definitions in Sec.  
660.302 as a housekeeping measure within this action. Changes to the 
definitions section pertaining to commonly used geographic coordinates 
and prohibited species are intended to improve the grammar and 
comprehensibility of the regulatory language and to correct 
misspellings. Housekeeping changes to the definitions do not change the 
intent or effect of those prohibitions. NMFS is also proposing to 
correct and update the description of the limited entry fixed gear 
sablefish primary season dates in Sec.  660.303 and Sec.  660.372. 
Changes to these sections pertaining to primary season dates are 
intended to improve the grammar and comprehensibility of the regulatory 
language. Housekeeping changes to the season dates description do not 
change the intent or effect of the primary sablefish season dates. NMFS 
is also proposing to clarify language as Sec.  660.373(b)(3)(ii) 
regarding cumulative trip limits for whiting vessels using multiple 
trawl gear types. Changes to these sections pertaining to cumulative 
trip limits in the whiting fishery are intended to improve the grammar 
and comprehensibility of the regulatory language. Housekeeping changes 
to the cumulative trip limit description do not change the intent or 
effect of the cumulative trip limits in the whiting fishery. In 
addition, any references to the years 2007 or 2008 are removed, or 
revised to read 2009 or 2010, as appropriate.

Classification

    At this time, NMFS has preliminarily determined that the 2009-2010 
groundfish harvest specifications and management measures, which this 
proposed rule would implement, are consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that final determination, will take into account the data, 
views, and comments received during the comment period.
    A DEIS was prepared for the 2009-2010 groundfish harvest 
specifications and management measures. The DEIS includes an RIR and an 
IRFA. The Environmental Protection Agency published a notice of 
availability for the draft EIS on August 29, 2008 (73 FR 50962.) A copy 
of the DEIS is available online at http://www.pcouncil.org/.
    The Council considered two sets of alternatives for 2009-2010 
groundfish management, the first set of alternatives addressed the 
selection of ABCs and OYs and the second set of alternatives provided a 
range of management measures based on the initial range of OYs 
considered. For species that were not overfished, and for which there 
was no new stock assessment information the Council considered only a 
single ABC alternative. For overfished species, and species with new or 
updated stock assessments the Council narrowed the range of ABC/OY 
alternatives by eliminating the no harvest alternative and by 
eliminating some of the harvest alternatives at the higher end of the 
range. Then the Council arranged suites of OY alternatives for 
overfished species that ranged from the low end to the high end of the 
range of ABCs/OYs, so that management measures could be considered for 
that range of overall harvest.
    The range of management measure alternatives intended to keep total 
catch at the low end of the ABC/OY alternatives are considered here, 
since these were the alternatives the Council evaluated for their 
effects on small entities. Management measure alternatives included the 
no action alternative, which would have implemented the 2007-2008 
regime for 2009-2010; and a range of alternative management measures 
that would be necessary to keep the cumulative impacts of all sectors 
of the fishery below the preliminarily preferred OYs for overfished 
species. All of the alternatives included management measures intended 
to constrain target fisheries for healthy stocks to minimize the 
effects of the fisheries on rebuilding stocks.
    Each of the alternatives analyzed by the Council was expected to 
have different overall effects on the economy. Among other factors, the 
DEIS for this action reviewed alternatives for expected increases or 
decreases in revenue and income from 2007 levels. Alternative 1 was 
expected to decrease annual income, as compared to the no action 
alternative, from combined recreational angler expenditures and 
commercial fisheries landings by $75.2 million, and decrease the number 
of coastwide fisheries-related jobs by 3,226 jobs. Alternative 2 was 
expected to decrease annual income, as compared to the no action 
alternative, from combined recreational angler

[[Page 80542]]

expenditures and commercial fisheries landings by $34.1 million, and 
decrease the number of coastwide fisheries-related jobs by 1,446 jobs. 
Alternative 3 was expected to increase annual income, as compared to 
the no action alternative, from combined recreational angler 
expenditures and commercial fisheries landings by $1.8 million, and 
increase the number of coastwide fisheries-related jobs by 41 jobs. The 
Council's preferred alternative was expected to have a range of annual 
income effects, depending on the level of Pacific whiting OYs chosen in 
2007 and 2008, from decreasing annual income by $37.2 million at the 
low whiting OY to increasing annual income by $0.6 million, as compared 
to the no action alternative, from combined recreational angler 
expenditures and commercial fisheries landings. The Council's preferred 
alternative was expected to have a range of annual employment effects, 
depending on the level of Pacific whiting OYs chosen in 2007 and 2008, 
from decreasing employment by 1,699 jobs at the low whiting OY to 
decreasing employment by 7 jobs at the high whiting OY. The Council's 
preferred alternative is primarily designed to meet the overfished 
species rebuilding requirement of the Magnuson-Stevens Act to rebuild 
overfished species as quickly as possible, taking into account the 
status and biology of the stocks and the needs of fishing communities.
    The Council's final preferred alternative was developed through an 
integrated approach of analyzing alternative suites of rebuilding 
harvest levels and rebuilding trajectories for all of the overfished 
species, in the same manner that was used for 2007 and 2008 and 
Amendment 16-4. This approach allowed the Council to develop a 
management package that focused the greatest protection on the most 
sensitive overfished species and the most vulnerable fishing 
communities, in order to meet the Magnuson-Stevens Act requirement to 
rebuild as quickly as possible, taking into account the status and 
biology of the overfished stocks and the needs of fishing communities. 
For non-overfished species, the effects of this action will be that 
they will be harvested in 2009-2010 at or below MSY harvest levels. 
Harvests of most non-overfished species will not achieve their MSY 
levels, primarily because their harvest will be constrained to achieve 
faster rebuilding of co-occurring overfished species.
    The economic effect of this action is that many fishery sectors are 
expected to achieve social and economic benefits that are similar to 
status quo levels. However, some sectors are more or less severely 
affected by management measures to rebuild overfished species. Although 
the yelloweye rebuilding period is the same as the status quo 
TTARGET, the OYs for 2009 and 2010 are lower than in past 
years. These lower yelloweye OYs will negatively affect northern hook-
and-line fisheries, particularly the recreational fisheries. The 
increase in the English sole and arrowtooth flounder OYs, and the 
expected stable whiting OY, will stabilize the effects of this action 
on the trawl fisheries. The increase in the sablefish OY will 
positively affect all of the commercial fisheries. On a coastwide 
basis, the commercial ex-vessel revenues for the major directed 
groundfish sectors are estimated to be approximately $104 million, and 
the number of recreational bottomfish charter boat trips is estimated 
to be 399,000. These figures are 124 percent of 2007 exvessel revenues, 
and 96 percent of 2007 recreational charter boat trips.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule will regulate businesses that harvest 
groundfish. According to the Small Business Administration, a small 
commercial harvesting business is one that has annual receipts under 
$4.0 million and a small charterboat business is one that has annual 
receipts under $6.5 million. The Council estimates that nearly 2,600 
small entities harvest groundfish. These entities include those that 
either target groundfish or harvest groundfish as bycatch and include 
limited entry trawlers and fixed gear, open access participants, the 
west coast charterboat fleet, and the tribal fleets. Included in this 
estimate are businesses, probably fewer than 30, that should be 
classified as ``large'' businesses as they are affiliates or components 
of large processing companies. Following past practice, the Council 
classifies the four catcher-processors that fish and process in the 
whiting fishery ``large'' entities as they are components of large 
international seafood companies.
    Noting the exceptions above, the Council has classified all 
harvesters in the groundfish fishery as ``small businesses.'' 
Therefore, projected impacts for the fishery provide the context for 
the impacts on these businesses. Chapter 7 of the DEIS provides the 
analysis that underlies the RIR and IRFA analysis found in Chapter 10 
of the DEIS and the following discussion. The analysis provides 
projections that compare various alternatives considered including: 
2007, No-Action (status quo regulations), and Council's preferred 
(regulations associated with this rule). For the commercial fleets, the 
Council's preferred Alternative leads to $104 million in projected ex-
vessel revenues. This is $13 million greater than the No-Action 
Alternative projection--$91 million and $20 million greater than those 
earned in 2007. These increases are from the increase in the sablefish 
OY and the use of the 2008 whiting OY for projecting the 2009 and 2010 
whiting OYs. In 2007, the commercial and tribal fleets harvested 5,200 
mt of the 5,900 mt sablefish OY and received about $21 million in ex-
vessel revenues. The proposed 2009-10 sablefish OYs are about 8,400 mt 
each--a 46 percent increase. In 2007, whiting vessels harvested about 
86 percent of the 243,000 OY, earning about $39 million in ex-vessel 
revenues. The 2008 OY is 269,000 mt--an 11 percent increase. Please 
note that in 2008, it is likely that harvests will reach only 60 
percent of this OY.
    The Council's analysis provides impacts by gear group or fishery. 
Under these proposed regulations, the projected commercial ex-vessel 
revenues for the non-tribal directed groundfish groups are about $90 
million yearly. These figures represent slight increases from the No-
Action (status quo) alternative. Forecast revenues for the limited 
entry non-whiting trawl fleet are higher than those forecast under 
previous years' (2007-2008) management regime. The prime reason for 
this increase is the increase in the sablefish OY as opposed to changes 
in the rebuilding species OYs. However, the proposed area-based 
management controls for this fishery are likely to be more limiting 
than those developed for the 2007-2008 fisheries. These changes will 
lead to a decrease in fishable area and a potential increase in the 
cost of fishing because vessels traveling to and fishing at deeper 
depths will need more fuel. The projected revenues earned by limited 
entry whiting fishery (which includes the catcher-processor fleet) are 
similar to those projected for the previous biennial period. However, 
the potential amount of ex-vessel revenue will chiefly depend on the 
Pacific whiting assessment, adopted yearly by the Council during the 
March meeting. Fixed gear sablefish harvesters will produce more 
revenue than earned in the 2007-08 period because of the higher 
sablefish OY. However, similar to the situation for limited entry 
trawlers, area management will be more restrictive and cause harvesting 
costs to rise. The nearshore groundfish fishery

[[Page 80543]]

will be able to reach ex-vessel revenues that equal the status quo but 
also will face increased area limits. Under the proposed rules, tribal 
groundfish fisheries should produce the same amount of ex-vessel 
revenues and personal income as under the No-Action Alternative.
    For the coastwide recreational fishery, the projected number of 
charterboat and private angler trips associated with this rule is 
higher under the proposed compared to the No Action alternative and are 
less than in 2007. Under the No Action Alternative, 1.2 million angler 
trips are projected. These trips would lead to an estimated $114 
million in angler expenditures and $90 million in personal income 
(profits, wages, and other income that result from angler expenditures 
and remain in fishing communities). Under the Council-preferred 
Alternative, anglers will take an estimated 1.27 million trips and 
spend $118 million and yield $93 million in personal income. This is an 
increase of 3 percent compared to No Action alternative but lower than 
the 2007 levels of expenditure ($122 million) and personal income ($96 
million). As groundfish are caught in targeted bottomfish trips and in 
targeted trips for halibut, salmon, tuna and other species, these 
estimates are projections for the total west coast recreational 
fishery. For groundfish-targeted trips only, the No Action Alternative 
leads to $48 million in personal income. This is slightly down from 
2007 levels of $51 million. Charterboats are considered small 
businesses. Under these proposed regulations, coastwide, the projected 
annual number of charterboat trips for all species is 399,000 trips. 
This is a decrease from 2007 levels of 414,000 trips and a slight 
increase from the No-Action level of 392,000 trips. The impacts to the 
recreational sectors are driven by the OYs for yelloweye rockfish, 
canary rockfish, and to a lesser extent bocaccio and widow rockfish. 
The 2009-10 yelloweye rockfish OYs under the final Council preferred 
alternative represent a decrease of 3 mt from No Action levels. 
Management measures designed so as not to exceed the yelloweye rockfish 
OY also keep recreational catch within harvest guidelines for other 
potentially constraining species, such as canary rockfish. The proposed 
yelloweye bycatch reduction measures include restricting recreational 
fisheries to depths shallower than 20 fm in certain areas and/or during 
certain months and expanding areas to protect yelloweye rockfish.
    There are no new reporting, record-keeping, and other compliance 
requirements in the proposed rule. Within its recommendations for the 
2009 Specifications and Management measures, the Council recommended 
mandatory logbooks for the limited entry and open access fixed gear 
fishing fleets. However, development and implementation of a Federal 
logbook system would take more time than is available for this 
rulemaking and will be considered for implementation in the future. 
References to collections-of-information made in this action are 
intended to properly cite those collections in Federal regulations, and 
not to alter their effect in any way.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action.
    NMFS issued Biological Opinions under the ESA on August 10, 1990, 
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, 
and December 15, 1999, pertaining to the effects of the Pacific Coast 
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River 
spring/summer, Snake River fall, upper Columbia River spring, lower 
Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley spring, California coastal), coho salmon (Central 
California coastal, southern Oregon/northern California coastal), chum 
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake 
River, Ozette Lake), and steelhead (upper, middle and lower Columbia 
River, Snake River Basin, upper Willamette River, central California 
coast, California Central Valley, south/central California, northern 
California, southern California). These biological opinions have 
concluded that implementation of the FMP for the Pacific Coast 
groundfish fishery was not expected to jeopardize the continued 
existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat.
    NMFS reinitiated a formal ESA section 7 consultation in 2005 for 
both the Pacific whiting midwater trawl fishery and the groundfish 
bottom trawl fishery. The December 19, 1999 Biological Opinion had 
defined an 11,000 Chinook incidental take threshold for the Pacific 
whiting fishery. During the 2005 Pacific whiting season, the 11,000 
Chinook incidental take threshold was exceeded, triggering 
reinitiation. Also in 2005, new WCGOP data became available, allowing 
NMFS to complete an analysis of salmon take in the bottom trawl 
fishery.
    NMFS prepared a Supplemental Biological Opinion dated March 11, 
2006, which addressed salmon take in both the Pacific whiting midwater 
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental 
Biological Opinion, NMFS concluded that catch rates of salmon in the 
2005 whiting fishery were consistent with expectations considered 
during prior consultations. Chinook bycatch has averaged about 7,300 
over the last 15 years and has only occasionally exceeded the 
reinitiation trigger of 11,000. Since 1999, annual Chinook bycatch has 
averaged about 8,450. The Chinook Evolutionarily Significant Units 
(ESUs) most likely affected by the whiting fishery have generally 
improved in status since the 1999 ESA section 7 consultation. Although 
these species remain at risk, as indicated by their ESA listing, NMFS 
concluded that the higher observed bycatch in 2005 does not require a 
reconsideration of its prior ``no jeopardy'' conclusion with respect to 
the fishery. For the groundfish bottom trawl fishery, NMFS concluded 
that incidental take in the groundfish fisheries is within the overall 
limits articulated in the Incidental Take Statement of the 1999 
Biological Opinion. The groundfish bottom trawl limit from that opinion 
was 9,000 fish annually. NMFS will continue to monitor and collect data 
to analyze take levels. NMFS also reaffirmed its prior determination 
that implementation of the Groundfish FMP is not likely to jeopardize 
the continued existence of any of the affected ESUs.
    Lower Columbia River coho (70 FR 37160, June 28, 2005) were 
recently listed and Oregon Coastal coho (73 FR 7816, February 11, 2008) 
were recently relisted as threatened under the ESA. The 1999 biological 
opinion concluded that the bycatch of salmonids in the Pacific whiting 
fishery were almost entirely Chinook salmon, with little or no bycatch 
of coho, chum, sockeye, and steelhead. The Southern Distinct Population 
Segment (DPS) of green sturgeon (71 FR 17757, April 7, 2006) were also 
recently listed as threatened under the ESA. As a consequence, NMFS has 
reinitiated its Section 7 consultation on the PFMC's Groundfish FMP.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the FMP. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. In 
addition, regulations implementing the

[[Page 80544]]

FMP establish a procedure by which the tribes with treaty fishing 
rights in the area covered by the FMP request new allocations or 
regulations specific to the tribes, in writing, before the first of the 
two meetings at which the Council considers groundfish management 
measures. The regulations at 50 CFR 660.324(d) further state ``the 
Secretary will develop tribal allocations and regulations under this 
paragraph in consultation with the affected tribe(s) and, insofar as 
possible, with tribal consensus.'' The tribal management measures in 
this proposed rule have been developed following these procedures. The 
tribal representative on the Council made a motion to adopt the non-
whiting tribal management measures, which was passed by the Council. 
Those management measures, which were developed and proposed by the 
tribes, are included in this proposed rule. The tribal whiting set 
aside was based on the requests from the affected tribes at the June 
meeting.

List of Subjects in 50 CFR Part 660

    Fishing, Fisheries, and Indian Fisheries.

    Dated: December 9, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

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

    2. In Sec.  660.302, paragraph (2)(x) of the definition for 
``North-South management area'', and the definition for the 
introductory text of ``Processing or to process'' and the definition 
for ``Prohibited species'' are revised to read as follows:


Sec.  660.302  Definitions.

* * * * *
    North-South management area * * *
    (2) * * *
    (x) Cape Arago, OR--43[deg]20.83' N. lat.
* * * * *
    Processing or to process means the preparation or packaging of 
groundfish to render it suitable for human consumption, retail sale, 
industrial uses or long-term storage, including, but not limited to, 
cooking, canning, smoking, salting, drying, filleting, freezing, or 
rendering into meal or oil, but does not mean heading and gutting 
unless additional preparation is done. (Also see an exception to 
certain requirements at Sec.  660.373(a)(iii) pertaining to Pacific 
whiting shoreside vessels 75-ft (23-m) or less LOA that, in addition to 
heading and gutting, remove the tails and freeze catch at sea.)
* * * * *
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by provisions of this section 
or other applicable law. The following are prohibited species: Any 
species of salmonid, Pacific halibut, Dungeness crab caught seaward of 
Washington or Oregon, and groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or the fishery 
closed.
    3. In Sec.  660.303, paragraph (c) is revised to read as follows:


Sec.  660.303  Reporting and recordkeeping.

* * * * *
    (c) Any person landing groundfish must retain on board the vessel 
from which groundfish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of groundfish landings 
containing all data, and in the exact manner, required by the 
applicable state law throughout the cumulative limit period during 
which a landing occurred and for 15 days thereafter. For participants 
in the primary sablefish season (detailed at Sec.  660.372(b)), the 
cumulative limit period to which this requirement applies is April 1 
through October 31 or, for an individual permit holder, when that 
permit holder's tier limit is attained, whichever is earlier.
* * * * *
    4. In Sec.  660.306, a new paragraph (f)(7) is added to read as 
follows:


Sec.  660.306  Prohibitions.

* * * * *
    (f) * * *
    (7) Sort or discard any portion of the catch taken by a catcher 
vessel in the mothership sector prior to the catch being received on a 
mothership, and prior to the observer being provided access to the 
unsorted catch, with the exception of minor amounts of catch that are 
lost when the codend is separated from the net and prepared for 
transfer.
* * * * *
    5. In Sec.  660.314, paragraphs (c)(1), (d)(3)(iii) introductory 
text, (d)(3)(iii)(B), and (e) introductory text are revised to read as 
follows:


Sec.  660.314  Groundfish observer program.

    (c) * * *
    (1) NMFS-certified observers.
    (i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer 
must carry two NMFS-certified observers, and a catcher-processor or 
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain, 
receive, land, process, or transport groundfish.
    (ii) A Pacific whiting shoreside vessel that sorts catch at sea 
must carry one NMFS-certified observer, from the time the vessel leaves 
port on a trip in which the catch is sorted at sea to the time that all 
catch from that trip has been offloaded.
* * * * *
    (d) * * *
    (3) * * *
    (iii) Hardware and software. Pacific whiting vessels that are 
required to carry one or more NMFS-certified observers under provisions 
at paragraphs (c)(1)(i) and (ii) of this section must provide hardware 
and software pursuant to regulations at 50 CFR 679.50(f)(1)(iii)(B)(1) 
and 50 CFR 679.50(f)(2), as follows:
* * * * *
    (B) NMFS-supplied software. Ensuring that each vessel that is 
required to carry a NMFS-certified observer obtains the data entry 
software provided by the NMFS for use by the observer.
* * * * *
    (e) Procurement of observer services by catcher/processors, 
motherships, and Pacific whiting shoreside vessels that sort at sea. 
Owners of vessels required to carry observers under provisions at 
paragraph (c)(1)(i) or (ii) of this section must arrange for observer 
services from an observer provider permitted by the North Pacific 
Groundfish Observer Program under 50 CFR 679.50(i), except that:
* * * * *
    6. In Sec.  660.365, paragraphs (b), (c), (d), and (g) are revised 
to read as follows:


Sec.  660.365  Overfished species rebuilding plans.

* * * * *
    (b) Canary rockfish. The target year for rebuilding the canary 
rockfish stock to BMSY is 2021. The harvest control rule to be used to 
rebuild the canary rockfish stock is an annual SPR harvest rate of 88.7 
percent.
    (c) Cowcod. The target year for rebuilding the cowcod stock south 
of Point Conception to BMSY is 2072. The harvest control rule to be 
used to rebuild the cowcod stock is an annual SPR harvest rate of 82.1 
percent.
    (d) Darkblotched rockfish. The target year for rebuilding the 
darkblotched rockfish stock to BMSY is 2028. The

[[Page 80545]]

harvest control rule to be used to rebuild the darkblotched rockfish 
stock is an annual SPR harvest rate of 62.1 percent.
* * * * *
    (g) Yelloweye rockfish. The target year for rebuilding the 
yelloweye rockfish stock to BMSY is 2084. The harvest control rule to 
be used to rebuild the yelloweye rockfish stock is an annual SPR 
harvest rate of 66.3 percent in 2009 and in 2010. Yelloweye rockfish is 
subject to a ramp-down strategy where the harvest level has been 
reduced annually from 2007 through 2009. Yelloweye rockfish will remain 
at the 2009 level in 2010. Beginning in 2011, yelloweye rockfish will 
be subject to a constant harvest rate strategy with a constant SPR 
harvest rate of 71.9 percent.
    7. In Sec.  660.370 paragraphs (c)(1)(ii), (d), (h)(6)(i)(A) 
through (C), and (h)(6)(ii)(A) and (B) are revised to read as follows:


Sec.  660.370  Specifications and management measures.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Differential trip landing limits and frequency limits based on 
gear type, closed seasons, and bycatch limits. Trip landing and 
frequency limits that differ by gear type and closed seasons may be 
imposed or adjusted on a biennial or more frequent basis for the 
purpose of rebuilding and protecting overfished or depleted stocks. To 
achieve the rebuilding of an overfished or depleted stock, bycatch 
limits may be established and adjusted to be used to close the primary 
season for any sector of the Pacific whiting fishery described at Sec.  
660.373(b), before the sector's Pacific whiting allocation is achieved 
if the applicable bycatch limit is reached. Bycatch limit amounts are 
specified at Sec.  660.373(b)(4).
* * * * *
    (d) Automatic actions. Automatic management actions may be 
initiated by the NMFS Regional Administrator without prior public 
notice, opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used in the Pacific whiting fishery to:
    (i) Close sectors of the fishery or to reinstate trip limits in the 
shore-based fishery when a whiting harvest guideline, commercial 
harvest guideline, or a sector's allocation is reached, or is projected 
to be reached;
    (ii) Close all sectors or a single sector of the fishery when a 
bycatch limit is reached or projected to be reached;
    (iii) Reapportion unused Pacific whiting allocation to other 
sectors of the fishery;
    (iv) Reapportion unused bycatch limit species to other sectors of 
the Pacific whiting fishery.
    (V) Implement the Ocean Salmon Conservation Zone, described at 
Sec.  660.373(c)(3), when NMFS projects the Pacific whiting fishery may 
take in excess of 11,000 Chinook within a calendar year,
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described 
at Sec.  660.373(c)(3), when NMFS projects a sector-specific bycatch 
limit will be reached before the sector's whiting allocation.
    (2) [Reserved]
* * * * *
    (h) * * *
    (6) * * *
    (i) * * *
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (B) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
    (C) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, California scorpionfish, chilipepper 
rockfish, bocaccio rockfish, splitnose rockfish, Pacific sanddabs, 
cowcod and cabezon.
    (ii) * * *
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (B) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
* * * * *
    8. In Sec.  660.372, paragraph (b)(1) is revised to read as 
follows:


Sec.  660.372  Fixed gear sablefish fishery management.

* * * * *
    (b) * * *
    (1) Season dates. North of 36[deg] N. lat., the primary sablefish 
season for the limited entry, fixed gear, sablefish-endorsed vessels 
begins at 12 noon l.t. on April 1 and ends at 12 noon l.t. on October 
31, or for an individual permit holder when that permit holder's tier 
limit has been reached, whichever is earlier, unless otherwise 
announced by the Regional Administrator through the routine management 
measures process described at Sec.  660.370(c).
* * * * *
    9. In Sec.  660.373, paragraphs (a), (b)(3)(ii), and (b)(4) are 
revised, and new paragraph (c)(4) is added to read as follows:


Sec.  660.373  Pacific whiting (whiting) fishery management.

    (a) Sectors.
    (1) The catcher/processor sector is composed of catcher/processors, 
which are vessels that harvest and process whiting during a calendar 
year.
    (2) The mothership sector is composed of motherships and catcher 
vessels that harvest whiting for delivery to motherships. Motherships 
are vessels that process, but do not harvest, whiting during a calendar 
year.
    (3) The shore-based sector is composed of vessels that harvest 
whiting for delivery to Pacific whiting shoreside first receivers. 
Notwithstanding the other provisions of 50 CFR Part 660, Subpart G, a 
vessel that is 75 feet or less LOA that harvests whiting and, in 
addition to heading and gutting, cuts the tail off and freezes the 
whiting, is not considered to be a catcher/processor nor is it 
considered to be processing fish. Such a vessel is considered a 
participant in the shore-based whiting sector, and is subject to 
regulations and allocations for that sector.
    (b) * * *
    (3) * * *
    (ii) If, during a primary whiting season, a whiting vessel harvests 
a groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or end of the primary whiting season.
    (4) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be established, adjusted, and used inseason to 
close a sector or sectors of the whiting fishery to achieve the 
rebuilding of an overfished or depleted stock. These

[[Page 80546]]

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. Closure of a sector or sectors when 
a bycatch limit is projected to be reached is an automatic action under 
Sec.  660.370(d).
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec.  660.323(a). The sector specific bycatch limits are: For catcher/
processors 6.1 mt of canary rockfish, 153.0 mt of widow rockfish, and 
8.5 mt of darkblotched rockfish; for motherships 4.3 mt of canary 
rockfish, 108.0 mt of widow rockfish, and 6.0 mt of darkblotched 
rockfish; and for shore-based 7.6 mt of canary rockfish, 189.0 mt of 
widow rockfish, and 10.5 mt of darkblotched rockfish.
    (ii) The Regional Administrator may make available for harvest to 
the other sectors of the whiting fishery identified in Sec.  660.323, 
the amounts of a sector's bycatch limit species remaining when a sector 
is closed because its whiting allocation or a bycatch limit has been 
reached or is projected to be reached. The remaining bycatch limit 
species shall be redistributed in proportion to each sector's initial 
whiting allocation. When considering redistribution of bycatch limits 
between the sectors of the whiting fishery, the Regional Administrator 
will take into consideration the best available data on total projected 
fishing impacts on the bycatch limit species, as well as impacts on 
other groundfish species.
    (iii) If a bycatch limit is reached or is projected to be reached, 
the following action applicable to the sector may be taken.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed 
whiting may be brought on board after at-sea processing is prohibited, 
but a mothership may continue to process whiting that was on board 
before at-sea processing was prohibited. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
mothership sector.
    (C) Shore-based sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shore-
based sector except as authorized under a trip limit specified under 
Sec.  660.370(c).
    (iv) The Regional Administrator will announce in the Federal 
Register when a bycatch limit is reached, or is projected to be 
reached, specifying the action being taken as specified under paragraph 
(b)(4) of this section. The Regional Administrator will announce in the 
Federal Register any reapportionment of bycatch limit species. In order 
to prevent exceeding the bycatch limits or to avoid underutilizing the 
Pacific whiting resource, prohibitions against further taking and 
retaining, receiving, or at-sea processing of whiting, or 
reapportionment of bycatch limits species may be made effective 
immediately by actual notice to fishers and processors, by e-mail, 
Internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Whiting-Management/index.cfm), phone, fax, letter, 
press release, and/or USCG Notice to Mariners (monitor channel 16 VHF), 
followed by publication in the Federal Register.
    (c) * * *
    (4) Pacific Whiting Bycatch Reduction Areas. Vessels using limited 
entry midwater trawl gear during the primary whiting season may be 
prohibited from fishing shoreward of a boundary line approximating the 
75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) depth contours. 
Latitude and longitude coordinates for the boundary lines approximating 
the depth contours are provided at Sec.  660.393(a). Closures may be 
implemented inseason for a sector(s) through automatic action, defined 
at 660.370(d), when NMFS projects that a sector will exceed a bycatch 
limit specified for that sector before the sector's whiting allocation 
is projected to be reached.
* * * * *
    10. In Sec.  660.381, paragraphs (c) introductory text and (d) 
introductory text are revised to read as follows:


Sec.  660.381  Limited entry trawl fishery management measures.

* * * * *
    (c) Cumulative trip limits and prohibitions by limited entry trawl 
gear type. Management measures may vary depending on the type of trawl 
gear (i.e., large footrope, small footrope, selective flatfish, or 
midwater trawl gear) used and/or on board a vessel during a fishing 
trip, cumulative limit period, and the area fished. Trawl nets may be 
used on and off the seabed. For some species or species groups, Table 3 
(North) and Table 3 (South) provide cumulative and/or trip limits that 
are specific to different types of trawl gear: large footrope, small 
footrope (including selective flatfish), selective flatfish, midwater, 
and multiple types. If Table 3 (North) and Table 3 (South) provide gear 
specific limits for a particular species or species group, it is 
unlawful to take and retain, possess or land that species or species 
group with limited entry trawl gears other than those listed.
* * * * *
    (d) Groundfish Conservation Areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec.  660.390 through 660.394. A vessel that is fishing within 
a GCA listed in this paragraph (d) with trawl gear authorized for use 
within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the 
limited entry trawl fishery. Additional closed areas that specifically 
apply to the Pacific whiting fisheries are described at Sec.  
660.373(c).
* * * * *
    11. In Sec.  660.382 paragraphs (c)(4) through (8) are redesignated 
as (c)(10) through (14), and new paragraphs (c)(4) through (9) are 
added, to read as follows:


Sec.  660.382  Limited entry fixed gear fishery management measures.

* * * * *
    (c) * * *
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec.  660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates 
of the Point St. George YRCA boundaries are specified at Sec.  660.390. 
Fishing with limited entry fixed gear is prohibited within the Point 
St. George YRCA, on dates when the closure is in effect. It is unlawful 
to take and retain, possess, or land groundfish taken with limited 
entry fixed gear within the Point St. George YRCA, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
commercial fishing for groundfish is open within the Point St. George 
YRCA from January 1 through December 31. This closure may be imposed 
through inseason

[[Page 80547]]

adjustment. Limited entry fixed gear vessels may transit through the 
Point St. George YRCA, at any time, with or without groundfish on 
board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec.  660.390. Fishing with 
limited entry fixed gear is prohibited within the South Reef YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with limited entry fixed gear within 
the South Reef YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the South Reef YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Limited entry fixed gear vessels may transit through the South Reef 
YRCA, at any time, with or without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of 
the Reading Rock YRCA boundaries are specified at Sec.  660.390. 
Fishing with limited entry fixed gear is prohibited within the Reading 
Rock YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the Reading Rock YRCA, on dates when the closure is 
in effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Reading Rock YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Limited entry fixed gear vessels may transit 
through the Reading Rock YRCA, at any time, with or without groundfish 
on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec.  660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (North) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (North) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (North) 
YRCA, at any time, with or without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec.  660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (South) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (South) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (South) 
YRCA, at any time, with or without groundfish on board.
* * * * *
    12. In Sec.  660.383 paragraph (c)(4) through (10) are redesignated 
as (c)(10) through (16), and new paragraphs (c)(4) through (9) are 
added, to read as follows:


Sec.  660.383  Open access fishery management measures.

* * * * *
    (c) * * *
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec.  660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates 
of the Point St. George YRCA boundaries are specified at Sec.  660.390. 
Fishing with open access gear is prohibited within the Point St. George 
YRCA, on dates when the closure is in effect. It is unlawful to take 
and retain, possess, or land groundfish taken with open access gear 
within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the Point 
St. George YRCA, at any time, with or without groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec.  660.390. Fishing with 
open access gear is prohibited within the South Reef YRCA, on dates 
when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with open access gear within the 
South Reef YRCA, on dates when the closure is in effect. The closure is 
not in effect at this time, and commercial fishing for groundfish is 
open within the South Reef YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment. Open access 
vessels may transit through the South Reef YRCA, at any time, with or 
without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of 
the Reading Rock YRCA boundaries are specified at Sec.  660.390. 
Fishing with open access gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take 
and retain, possess, or land groundfish taken with open access gear 
within the Reading Rock YRCA, on dates when the closure is in effect. 
The closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Reading Rock YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Open access vessels may transit through the Reading Rock YRCA, at any 
time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec.  660.390. Fishing with open access gear is prohibited within 
the Point Delgada (North) YRCA, on dates when the closure is in effect. 
It is unlawful to take and retain, possess, or land groundfish taken 
with open access gear within the Point Delgada (North) YRCA, on dates 
when the closure is in effect. The closure is not in effect at this 
time, and commercial fishing for groundfish is open within the Point 
Delgada (North) YRCA from January 1 through December 31. This closure 
may be imposed through inseason adjustment. Open access vessels may 
transit through the Point Delgada (North) YRCA, at any time, with or 
without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec.  660.390. Fishing with open access gear is prohibited within 
the Point Delgada (South) YRCA, on dates when the closure is in effect. 
It is unlawful to take and retain, possess, or land groundfish taken 
with open access gear within the Point Delgada (South) YRCA, on dates 
when the closure is in effect. The closure is not in effect at this 
time, and commercial fishing for groundfish is open within the Point 
Delgada (South) YRCA from January 1 through December 31. This closure 
may be imposed

[[Page 80548]]

through inseason adjustment. Open access vessels may transit through 
the Point Delgada (South) YRCA, at any time, with or without groundfish 
on board.
* * * * *
    13. In Sec.  660.384,
    a. Redesignate paragraphs (c)(1)(i)(C) as (c)(1)(i)(D), and 
(c)(3)(i)(E) as (c)(3)(i)(J);
    b. Revise newly redesignated paragraphs (c)(1)(i)(D)(1) and (2);
    c. Revise paragraphs (c)(1)(iii)(A), (c)(1)(iii)(B), (c)(2)(iii), 
(c)(3)(i)(A)(1) through (4), (c)(3)(ii)(A)(1) through (4), 
(c)(3)(ii)(B), (c)(3)(iii)(A)(1) through (4), (c)(3)(iv), 
(c)(3)(v)(A)(2) and (c)(3)(v)(A)(3);
    d. Add paragraphs (c)(1)(i)(C), (c)(3)(i)(A)(5), (c)(3)(i)(A)(6), 
(c)(3)(i)(E) through (I), (c)(3)(ii)(A)(5), (c)(3)(ii)(A)(6), 
(c)(3)(iii)(A)(5), (c)(3)(iii)(A)(6) and (c)(3)(v)(A)(4); to read as 
follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (C) Westport Offshore Recreational Yelloweye Rockfish Conservation 
Area. Recreational fishing for groundfish and halibut is prohibited 
within the Westport Offshore Recreational YRCA. It is unlawful for 
recreational fishing vessels to take and retain, possess, or land 
groundfish taken with recreational gear within the Westport Offshore 
Recreational YRCA. A vessel fishing in the Westport Offshore 
Recreational YRCA may not be in possession of any groundfish. 
Recreational vessels may transit through the Westport Offshore 
Recreational YRCA with or without groundfish on board. The Westport 
Offshore Recreational YRCA is defined by latitude and longitude 
coordinates specified at Sec.  660.390.
    (D) * * *
    (1) Between the U.S. border with Canada and the Queets River, 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20-fm (37-m) depth contour from May 21 through 
September 30, except on days when the Pacific halibut fishery is open 
in this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Coordinates for the boundary line approximating the 20-fm 
(37-m) depth contour are listed in Sec.  660.391.
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for groundfish is prohibited seaward of a boundary line 
approximating the 30-fm (55-m) depth contour from March 15 through June 
15, except that recreational fishing for sablefish and Pacific cod is 
permitted within the recreational RCA from May 1 through June 15. 
Retention of lingcod seaward of the boundary line approximating the 30-
fm (55-m) depth contour south of 46[deg]58' N. lat. is prohibited on 
Fridays and Saturdays from July 1 through August 31. For additional 
regulations regarding the Washington recreational lingcod fishery, see 
paragraph (c)(1)(iii) of this section. Coordinates for the boundary 
line approximating the 30-fm (55-m) depth contour are listed in Sec.  
660.391.
    (iii) * * *
    (A) Between the U.S./Canada border to 48[deg]10' N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2009, from April 16 through October 15, and for 2010, from 
April 16 through October 15.
    (B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat. 
(Washington/Oregon border) (Washington Marine Areas 1-3), recreational 
fishing for lingcod is open for 2009, from March 14 through October 17, 
and for 2010, from March 13 through October 16.
    (2) * * *
    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are three 
lingcod per day, which may be no smaller than 22 in (56 cm) total 
length; and 10 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines), but which includes rockfish, 
greenling, cabezon and other groundfish species. The bag limit for all 
flatfish is 25 fish per day, which excludes Pacific halibut, but which 
includes all soles, flounders and Pacific sanddabs. In the Pacific 
halibut fisheries, retention of groundfish is governed in part by 
annual management measures for Pacific halibut fisheries, which are 
published in the Federal Register. Between the Oregon border with 
Washington and Cape Falcon, when Pacific halibut are onboard the 
vessel, groundfish may not be taken and retained, possessed or landed, 
except sablefish and Pacific cod. Between Cape Falcon and Humbug 
Mountain, during days open to the Oregon Central Coast ``all-depth'' 
sport halibut fishery, when Pacific halibut are onboard the vessel, no 
groundfish may be taken and retained, possessed or landed, except 
sablefish and Pacific cod. ``All-depth'' season days are established in 
the annual management measures for Pacific halibut fisheries, which are 
published in the Federal Register and are announced on the NMFS halibut 
hotline, 1-800-662-9825. The minimum size limit for cabezon retained in 
the recreational fishery is 16-in (41-cm), and for greenling is 10-in 
(26-cm). Taking and retaining canary rockfish and yelloweye rockfish is 
prohibited at all times and in all areas.
    (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 15 through September 15; and is closed entirely from 
January 1 through May 14 and from September 16 through December 31 
(i.e., prohibited seaward of the shoreline).
    (2) Between 40[deg]10' N. lat. and 38[deg]57' N. lat. (North-
Central North of Point Arena 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 15 through August 15; and is closed entirely from 
January 1 through May 14 and from August 16 through December 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.
    (3) Between 38[deg]57' N. lat. and 37[deg]11' N. lat. (North-
Central South of Point Arena Region), recreational fishing for all 
groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the boundary line 
approximating the 30-fm (55-m) depth contour along the mainland coast 
and along islands and offshore seamounts from June 13 through October 
31; and is closed entirely from January 1 through June 12 and from 
November 1 through December 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. Coordinates for 
the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec.  660.391.

[[Page 80549]]

    (4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this 
section) is prohibited seaward of a boundary line approximating the 40-
fm (73-m) depth contour along the mainland coast and along islands and 
offshore seamounts from May 1 through November 15; and is closed 
entirely from January 1 through April 30 and from November 16 through 
December 31 (i.e., prohibited seaward of the shoreline). Coordinates 
for the boundary line approximating the 40-fm (73-m) depth contour are 
specified in Sec.  660.391.
    (5) Between 36[deg] N. lat. and 34[deg]27' N. lat. (Morro Bay 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this 
section) is prohibited seaward of a boundary line approximating the 40-
fm (73-m) depth contour along the mainland coast and along islands and 
offshore seamounts from May 1 through November 15; and is closed 
entirely from January 1 through April 30 and from November 16 through 
December 31 (i.e., prohibited seaward of the shoreline). Coordinates 
for the boundary line approximating the 40-fm (73-m) depth contour are 
specified in Sec.  660.391.
    (6) South of 34[deg]27' N. latitude (South Region), recreational 
fishing for all groundfish (except California scorpionfish as specified 
below in this paragraph and in paragraph (v) and ``other flatfish'' as 
specified in paragraph (c)(3)(iv) of this section) is prohibited 
seaward of a boundary line approximating the 60-fm (110-m) depth 
contour from March 1 through December 31 along the mainland coast and 
along islands and offshore seamounts, except in the CCAs where fishing 
is prohibited seaward of the 20-fm (37-m) depth contour when the 
fishing season is open (see paragraph (c)(3)(i)(B) of this section). 
Recreational fishing for all groundfish (except California scorpionfish 
and ``other flatfish'') is closed entirely from January 1 through 
February 28 (i.e., prohibited seaward of the shoreline). Recreational 
fishing for California scorpionfish south of 34[deg]27' N. lat. is 
prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour from January 1 through February 28, and seaward of the 
60-fm (110-m) depth contour from March 1 through December 31, except in 
the CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth 
contour when the fishing season is open. Coordinates for the boundary 
line approximating the 40-fm (73-m) and 60-fm (110-m) depth contours 
are specified in Sec. Sec.  660.391 and 660.392.
* * * * *
    (E) Point St. George Yelloweye Rockfish Conservation Area (YRCA). 
Recreational fishing for groundfish is prohibited within the Point St. 
George YRCA, as defined by latitude and longitude coordinates at Sec.  
660.390, on dates when the closure is in effect. The closure is not in 
effect at this time, and recreational fishing for groundfish is open 
within the Point St. George YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment.
    (F) South Reef YRCA. Recreational fishing for groundfish is 
prohibited within the South Reef YRCA, as defined by latitude and 
longitude coordinates at Sec.  660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the South Reef YRCA from January 
1 through December 31. This closure may be imposed through inseason 
adjustment.
    (G) Reading Rock YRCA. Recreational fishing for groundfish is 
prohibited within the Reading Rock YRCA, as defined by latitude and 
longitude coordinates at Sec.  660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the Reading Rock YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment.
    (H) Point Delgada (North) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (North) YRCA, as defined by 
latitude and longitude coordinates at Sec.  660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(North) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (I) Point Delgada (South) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (South) YRCA, as defined by 
latitude and longitude coordinates at Sec.  660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(South) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (J) * * *
    (ii) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10' N. lat. (North Region), recreational fishing for the RCG 
complex is open from May 15 through September 15 (i.e., it's closed 
from January 1 through May 14 and from September 16 through December 
31).
    (2) Between 40[deg]10' N. lat. and 38[deg]57' N. lat. (North 
Central North of Point Arena Region), recreational fishing for the RCG 
Complex is open from May 15 through August 15 (i.e., it's closed from 
January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57' N. lat. and 37[deg]11' N. lat. (North 
Central South of Point Arena Region), recreational fishing for the RCG 
Complex is open from June 13 through October 31 (i.e., it's closed from 
January 1 through June 12 and November 1 through December 31.
    (4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for the RCG Complex is open from 
May 1 through November 15 (i.e., it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (5) Between 36' N. lat. and 34[deg]27' N. lat. (Morro Bay South-
Central Region), recreational fishing for the RCG Complex is open from 
May 1 through November 15 (i.e., it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (6) South of 34[deg]27' N. latitude (South Region), recreational 
fishing for the RCG Complex is open from March 1 through December 31 
(i.e., it's closed from January 1 through February 28.
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for rockfish. The bag limit is 10 RCG 
Complex fish per day coastwide. Retention of canary rockfish, yelloweye 
rockfish and cowcod is prohibited. North of 40[deg]10' N. lat., within 
the 10 RCG Complex fish per day limit, no more than 2 may be bocaccio, 
no more than 2 may be greenling (kelp and/or other greenlings) and no 
more than 2 may be cabezon. South of 40[deg]10' N. lat., within the 10 
RCG Complex fish per day limit, no more than 2 may be bocaccio, no more 
than 2 may be greenling (kelp and/or other greenlings) and no more than 
2 may be cabezon. Multi-day limits are authorized by a valid permit 
issued by California and must not exceed the daily limit multiplied by 
the number of days in the fishing trip.
* * * * *
    (iii) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00' N. lat. (North Region), recreational fishing for lingcod 
is open from May 15 through

[[Page 80550]]

September 15 (i.e., it's closed from January 1 through May 14 and from 
September 16 through December 31).
    (2) Between 40[deg]10' N. lat. and 38[deg]57' N. lat. (North 
Central North of Point Arena Region), recreational fishing for lingcod 
is open from May 15 through August 15 (i.e., it's closed from January 1 
through May 14 and May 16 through December 31).
    (3) Between 38[deg]57' N. lat. and 37[deg]11' N. lat. (North 
Central South of Point Arena Region), recreational fishing for lingcod 
is open from June 13 through October 31 (i.e., it's closed from January 
1 through June 12 and November 1 through December 31.
    (4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for lingcod is open from May 1 
through November 15 (i.e., it's closed from January 1 through April 30 
and from November 16 through December 31).
    (5) Between 36' N. lat. and 34[deg]27' N. lat. (Morro Bay South-
Central Region), recreational fishing for lingcod is open from May 1 
through November 15 (i.e., it's closed from January 1 through April 30 
and from November 16 through December 31).
    (6) South of 34[deg]27' N. latitude (South Region), recreational 
fishing for lingcod is open from April 1 through November 30 (i.e., 
it's closed from January 1 through March 31 and from December 1 through 
31).
* * * * *
    (iv) ``Other flatfish''. Coastwide off California, recreational 
fishing for ``other flatfish'' is permitted both shoreward of and 
within the closed areas described in paragraph (c)(3)(i) of this 
section. ``Other flatfish'' are defined at Sec.  660.302 and include 
butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, 
rock sole, and sand sole. Recreational fishing for ``other flatfish'' 
is permitted within the closed areas. ``Other flatfish,'' except 
Pacific sanddab, are subject to the overall 20-fish bag limit for all 
species of finfish, of which there may be no more than 10 fish of any 
one species. There is no season restriction or size limit for ``other 
flatfish;'' however, it is prohibited to filet ``other flatfish'' at 
sea. There is a limit of 2 hooks and 1 line when fishing for ``other 
flatfish''.
    (v) * * *
    (A) * * *
    (2) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South 
Central Region), recreational fishing for California scorpionfish is 
open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (3) Between 36[deg] N. lat. and 34[deg]27' N. lat. (Morro Bay South 
Central Region), recreational fishing for California scorpionfish is 
open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (4) South of 34[deg]27' N. lat. (South Region), recreational 
fishing for California scorpionfish is open from January 1 through 
December 31.
* * * * *
    14. In Sec.  660.385, paragraphs (a), (b)(1), (b)(2)(i)(A)(1), 
(b)(2)(i)(B)(2), (b)(2)(i)(B)(3), and (e) are revised to read as 
follows:


Sec.  660.385  Washington coastal tribal fisheries management measures.

* * * * *
    (a) Sablefish. The tribal allocation is 694 mt per year. This 
allocation is, for each year, 10 percent of the Monterey through 
Vancouver area (North of 36[deg] N. lat.) OY, less 1.6 percent 
estimated discard mortality.
    (b) * * *
    (1) Black Rockfish. For the commercial harvest of black rockfish 
off Washington State, a harvest guideline of: 20,000 lb (9,072 kg) 
north of Cape Alava, WA (48[deg]10' N. lat.) and 10,000 lb (4,536 kg) 
between Destruction Island, WA (47[deg]40' N. lat.) and Leadbetter 
Point, WA (46[deg]38.17' N. lat.). There are no tribal harvest 
restrictions for black rockfish in the area between Cape Alava and 
Destruction Island.
    (2) * * *
    (i) * * *
    (A) * * *
    (1) Small and large footrope trawl gear--17,000 lb (7,711-kg) per 2 
months.
* * * * *
    (B) * * *
    (2) Selective flatfish trawl gear--5,000-lb (2,268-kg) per 2 
months.
    (3) Multiple bottom trawl gear--5,000-lb (2,268-kg) per 2 months.
* * * * *
    (e) Pacific whiting. The tribal set-aside for 2009 is 50,000 mt, 
with 42,000 to be managed by the Makah Tribe and 8,000 mt to be managed 
by the Quileute Tribe.
* * * * *
    15. In Sec.  660.390, paragraphs (f) through (j) are redesignated 
as paragraphs (l) through (p), paragraph (e) is redesignated as 
paragraph (f), and new paragraphs (e), and (g) through (k) are added to 
read as follows:


Sec.  660.390  Groundfish conservation areas.

* * * * *
    (e) Westport Offshore Recreational YRCA. The Westport Offshore 
Recreational YRCA is an area off the southern Washington coast intended 
to protect yelloweye rockfish. The Westport Recreational YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 46[deg]54.30' N. lat., 124[deg]53.40' W. long.;
    (2) 46[deg]54.30' N. lat., 124[deg]51.00' W. long.;
    (3) 46[deg]53.30' N. lat., 124[deg]51.00' W. long.;
    (4) 46[deg]53.30' N. lat., 124[deg]53.40' W. long.; and connecting 
back to 46[deg]54.30' N. lat., 124[deg]53.40' W. long.
* * * * *
    (g) Point St. George YRCA. The Point St. George YRCA is an area off 
the northern California coast, northwest of Point St. George, intended 
to protect yelloweye rockfish. The Point St. George YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]51.00' N. lat., 124[deg]23.75' W. long.;
    (2) 41[deg]51.00' N. lat., 124[deg]20.75' W. long.;
    (3) 41[deg]48.00' N. lat., 124[deg]20.75' W. long.;
    (4) 41[deg]48.00' N. lat., 124[deg]23.75' W. long.; and connecting 
back to 41[deg]51.00' N. lat., 124[deg]23.75' W. long.
    (h) South Reef YRCA. The South Reef YRCA is an area off the 
northern California coast, southwest of Crescent City, intended to 
protect yelloweye rockfish. The South Reef YRCA is defined by straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]42.20' N. lat., 124[deg]16.00' W. long.;
    (2) 41[deg]42.20' N. lat., 124[deg]13.80' W. long.;
    (3) 41[deg]40.50' N. lat., 124[deg]13.80' W. long.;
    (4) 41[deg]40.50' N. lat., 124[deg]16.00' W. long.; and connecting 
back to 41[deg]42.20' N. lat., 124[deg]16.00' W. long.
    (i) Reading Rock YRCA. The Reading Rock YRCA is an area off the 
northern California coast, between Crescent City and Eureka, intended 
to protect yelloweye rockfish. The Reading Rock YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]21.50' N. lat., 124[deg]12.00' W. long.;
    (2) 41[deg]21.50' N. lat., 124[deg]10.00' W. long.;
    (3) 41[deg]20.00' N. lat., 124[deg]10.00' W. long.;

[[Page 80551]]

    (4) 41[deg]20.00' N. lat., 124[deg]12.00' W. long.; and connecting 
back to 41[deg]21.50' N. lat., 124[deg]12.00' W. long.
    (j) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off 
the northern California coast, south of Point Delgada and Shelter Cove, 
intended to protect yelloweye rockfish. The Northern Point Delgada YRCA 
is defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]59.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (3) 39[deg]57.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (4) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. 
long.
    (k) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]57.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (3) 39[deg]54.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (4) 39[deg]54.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. 
long.
* * * * *
    16. In Sec.  660.391 paragraphs (d) through (m) are redesignated as 
paragraphs (e) through (n), and new paragraph (d) is added to read as 
follows:


Sec.  660.391  Latitude/longitude coordinates defining the 10-fm (18-m) 
through 40-fm (73-m) depth contours.

* * * * *
    (d) The 25-fm (46-m) depth contour between the Queets River, WA, 
and 42[deg] N. lat., modified to reduce impacts on canary and yelloweye 
rockfish by shifting the line shoreward in the area between 
47[deg]31.70[min] N. lat. and 46[deg]44.18[min] N. lat., is defined by 
straight lines connecting all of the following points in the order 
stated:
    (1) 47[deg]31.70[min] N. lat., 124[deg]34.66[min] W. long.;
    (2) 47[deg]25.67[min] N. lat., 124[deg]32.78[min] W. long.;
    (3) 47[deg]12.82[min] N. lat., 124[deg]26.00[min] W. long.;
    (4) 46[deg]52.94[min] N. lat., 124[deg]18.94[min] W. long.;
    (5) 46[deg]44.18[min] N. lat., 124[deg]14.89[min] W. long.;
    (6) 46[deg]38.17[min] N. lat., 124[deg]13.70[min] W. long.;
    (7) 46[deg]16.00[min] N. lat., 124[deg]12.50[min] W. long.;
    (8) 46[deg]15.99[min] N. lat., 124[deg]12.04[min] W. long.;
    (9) 46[deg]13.72[min] N. lat., 124[deg]11.04[min] W. long.;
    (10) 46[deg]09.50[min] N. lat., 124[deg]07.62[min] W. long.;
    (11) 46[deg]04.00[min] N. lat., 124[deg]03.20[min] W. long.;
    (12) 45[deg]57.61[min] N. lat., 124[deg]01.85[min] W. long.;
    (13) 45[deg]51.73[min] N. lat., 124[deg]01.06[min] W. long.;
    (14) 45[deg]47.27[min] N. lat., 124[deg]01.22[min] W. long.;
    (15) 45[deg]43.19[min] N. lat., 124[deg]00.32[min] W. long.;
    (16) 45[deg]36.11[min] N. lat., 124[deg]00.38[min] W. long.;
    (17) 45[deg]32.95[min] N. lat., 124[deg]01.38[min] W. long.;
    (18) 45[deg]27.47[min] N. lat., 124[deg]01.46[min] W. long.;
    (19) 45[deg]23.18[min] N. lat., 124[deg]01.94[min] W. long.;
    (20) 45[deg]19.04[min] N. lat., 124[deg]01.29[min] W. long.;
    (21) 45[deg]16.79[min] N. lat., 124[deg]01.90[min] W. long.;
    (22) 45[deg]13.54[min] N. lat., 124[deg]01.64[min] W. long.;
    (23) 45[deg]09.56[min] N. lat., 124[deg]01.94[min] W. long.;
    (24) 45[deg]06.15[min] N. lat., 124[deg]02.38[min] W. long.;
    (25) 45[deg]00.77[min] N. lat., 124[deg]03.72[min] W. long.;
    (26) 44[deg]49.08[min] N. lat., 124[deg]06.49[min] W. long.;
    (27) 44[deg]40.06[min] N. lat., 124[deg]08.14[min] W. long.;
    (28) 44[deg]36.64[min] N. lat., 124[deg]08.51[min] W. long.;
    (29) 44[deg]29.41[min] N. lat., 124[deg]09.24[min] W. long.;
    (30) 44[deg]25.18[min] N. lat., 124[deg]09.37[min] W. long.;
    (31) 44[deg]16.34[min] N. lat., 124[deg]10.30[min] W. long.;
    (32) 44[deg]12.16[min] N. lat., 124[deg]10.82[min] W. long.;
    (33) 44[deg]06.59[min] N. lat., 124[deg]11.00[min] W. long.;
    (34) 44[deg]02.09[min] N. lat., 124[deg]11.24[min] W. long.;
    (35) 43[deg]57.82[min] N. lat., 124[deg]11.60[min] W. long.;
    (36) 43[deg]53.44[min] N. lat., 124[deg]12.34[min] W. long.;
    (37) 43[deg]49.19[min] N. lat., 124[deg]13.08[min] W. long.;
    (38) 43[deg]45.19[min] N. lat., 124[deg]13.73[min] W. long.;
    (39) 43[deg]41.22[min] N. lat., 124[deg]14.59[min] W. long.;
    (40) 43[deg]37.52[min] N. lat., 124[deg]15.05[min] W. long.;
    (41) 43[deg]33.97[min] N. lat., 124[deg]16.00[min] W. long.;
    (42) 43[deg]29.72[min] N. lat., 124[deg]17.78[min] W. long.;
    (43) 43[deg]27.63[min] N. lat., 124[deg]19.11[min] W. long.;
    (44) 43[deg]20.66[min] N. lat., 124[deg]25.39[min] W. long.;
    (45) 43[deg]15.57[min] N. lat., 124[deg]26.86[min] W. long.;
    (46) 43[deg]06.88[min] N. lat., 124[deg]29.30[min] W. long.;
    (47) 43[deg]03.37[min] N. lat., 124[deg]29.06[min] W. long.;
    (48) 43[deg]01.03[min] N. lat., 124[deg]29.41[min] W. long.;
    (49) 42[deg]56.59[min] N. lat., 124[deg]31.93[min] W. long.;
    (50) 42[deg]54.08[min] N. lat., 124[deg]34.55[min] W. long.;
    (51) 42[deg]51.16[min] N. lat., 124[deg]37.02[min] W. long.;
    (52) 42[deg]49.27[min] N. lat., 124[deg]37.73[min] W. long.;
    (53) 42[deg]46.02[min] N. lat., 124[deg]37.54[min] W. long.;
    (54) 42[deg]45.76[min] N. lat., 124[deg]35.68[min] W. long.;
    (55) 42[deg]42.25[min] N. lat., 124[deg]30.47[min] W. long.;
    (56) 42[deg]40.51[min] N. lat., 124[deg]29.00[min] W. long.;
    (57) 42[deg]40.00[min] N. lat., 124[deg]29.01[min] W. long.;
    (58) 42[deg]39.64[min] N. lat., 124[deg]28.28[min] W. long.;
    (59) 42[deg]38.80[min] N. lat., 124[deg]27.57[min] W. long.;
    (60) 42[deg]35.42[min] N. lat., 124[deg]26.77[min] W. long.;
    (61) 42[deg]33.13[min] N. lat., 124[deg]29.06[min] W. long.;
    (62) 42[deg]31.44[min] N. lat., 124[deg]30.71[min] W. long.;
    (63) 42[deg]29.03[min] N. lat., 124[deg]31.71[min] W. long.;
    (64) 42[deg]24.98[min] N. lat., 124[deg]29.95[min] W. long.;
    (65) 42[deg]20.05[min] N. lat., 124[deg]28.16[min] W. long.;
    (66) 42[deg]14.24[min] N. lat., 124[deg]26.03[min] W. long.;
    (67) 42[deg]10.23[min] N. lat., 124[deg]23.93[min] W. long.;
    (68) 42[deg]06.20[min] N. lat., 124[deg]22.70[min] W. long.;
    (69) 42[deg]04.66[min] N. lat., 124[deg]21.49[min] W. long.; and
    (70) 42[deg]00.00[min] N. lat., 124[deg]20.80[min] W. long.
* * * * *
    17. In Sec.  660.392:
    A. Paragraphs (a)(120) through (192) are revised, and paragraph 
(a)(193) is added;
    B. Paragraphs (f)(137) through (194) are revised, and paragraphs 
(f)(195) through (204) are added:
    C. Paragraphs (g)(1) through (28) are revised, and paragraph 
(g)(29) is removed;

[[Page 80552]]

    D. Paragraphs (h)(1) through (14) are revised;
    E. Paragraphs (i)(1) through (16) are revised, and paragraph 
(i)(17) is added;
    F. Paragraphs (j)(144) through (244) are revised, and paragraphs 
(j)(245) through (253) are added;
    G. Paragraphs (k)(1) through (31) are revised, and paragraphs 
(k)(32) through (38) are removed, and
    H. Paragraphs (m)(1) through (18) are revised.
    The revisions and additions read as follows:


Sec.  660.392  Latitude/longitude coordinates defining the 50-fm (91-m) 
through 75-fm (137-m) depth contours.

* * * * *
    (a) * * *
    (120) 36[deg]10.41[min] N. lat., 121[deg]42.88[min] W. long.;
    (121) 36[deg]02.56[min] N. lat., 121[deg]36.37[min] W. long.;
    (122) 36[deg]01.11[min] N. lat., 121[deg]36.39[min] W. long.;
    (123) 36[deg]00.00[min] N. lat., 121[deg]35.15[min] W. long.;
    (124) 35[deg]58.26[min] N. lat., 121[deg]32.88[min] W. long.;
    (125) 35[deg]40.38[min] N. lat., 121[deg]22.59[min] W. long.;
    (126) 35[deg]27.74[min] N. lat., 121[deg]04.69[min] W. long.;
    (127) 35[deg]01.43[min] N. lat., 120[deg]48.01[min] W. long.;
    (128) 34[deg]37.98[min] N. lat., 120[deg]46.48[min] W. long.;
    (129) 34[deg]32.98[min] N. lat., 120[deg]43.34[min] W. long.;
    (130) 34[deg]27.00[min] N. lat., 120[deg]33.31[min] W. long.;
    (131) 34[deg]23.47[min] N. lat., 120[deg]24.76[min] W. long.;
    (132) 34[deg]25.78[min] N. lat., 120[deg]16.82[min] W. long.;
    (133) 34[deg]24.65[min] N. lat., 120[deg]04.83[min] W. long.;
    (134) 34[deg]23.18[min] N. lat., 119[deg]56.18[min] W. long.;
    (135) 34[deg]19.20[min] N. lat., 119[deg]41.64[min] W. long.;
    (136) 34[deg]16.82[min] N. lat., 119[deg]35.32[min] W. long.;
    (137) 34[deg]13.43[min] N. lat., 119[deg]32.29[min] W. long.;
    (138) 34[deg]05.39[min] N. lat., 119[deg]15.13[min] W. long.;
    (139) 34[deg]07.98[min] N. lat., 119[deg]13.43[min] W. long.;
    (140) 34[deg]07.64[min] N. lat., 119[deg]13.10[min] W. long.;
    (141) 34[deg]04.56[min] N. lat., 119[deg]13.73[min] W. long.;
    (142) 34[deg]03.90[min] N. lat., 119[deg]12.66[min] W. long.;
    (143) 34[deg]03.66[min] N. lat., 119[deg]06.82[min] W. long.;
    (144) 34[deg]04.58[min] N. lat., 119[deg]04.91[min] W. long.;
    (145) 34[deg]01.28[min] N. lat., 119[deg]00.21[min] W. long.;
    (146) 34[deg]00.19[min] N. lat., 119[deg]03.14[min] W. long.;
    (147) 33[deg]59.66[min] N. lat., 119[deg]03.10[min] W. long.;
    (148) 33[deg]59.54[min] N. lat., 119[deg]00.88[min] W. long.;
    (149) 34[deg]00.82[min] N. lat., 118[deg]59.03[min] W. long.;
    (150) 33[deg]59.11[min] N. lat., 118[deg]47.52[min] W. long.;
    (151) 33[deg]59.07[min] N. lat., 118[deg]36.33[min] W. long.;
    (152) 33[deg]55.06[min] N. lat., 118[deg]32.86[min] W. long.;
    (153) 33[deg]53.56[min] N. lat., 118[deg]37.75[min] W. long.;
    (154) 33[deg]51.22[min] N. lat., 118[deg]36.14[min] W. long.;
    (155) 33[deg]50.48[min] N. lat., 118[deg]32.16[min] W. long.;
    (156) 33[deg]51.86[min] N. lat., 118[deg]28.71[min] W. long.;
    (157) 33[deg]50.09[min] N. lat., 118[deg]27.88[min] W. long.;
    (158) 33[deg]49.95[min] N. lat., 118[deg]26.38[min] W. long.;
    (159) 33[deg]50.73[min] N. lat., 118[deg]26.17[min] W. long.;
    (160) 33[deg]49.86[min] N. lat., 118[deg]24.25[min] W. long.;
    (161) 33[deg]48.10[min] N. lat., 118[deg]26.87[min] W. long.;
    (162) 33[deg]47.54[min] N. lat., 118[deg]29.66[min] W. long.;
    (163) 33[deg]44.10[min] N. lat., 118[deg]25.25[min] W. long.;
    (164) 33[deg]41.78[min] N. lat., 118[deg]20.28[min] W. long.;
    (165) 33[deg]38.18[min] N. lat., 118[deg]15.69[min] W. long.;
    (166) 33[deg]37.50[min] N. lat., 118[deg]16.71[min] W. long.;
    (167) 33[deg]35.98[min] N. lat., 118[deg]16.54[min] W. long.;
    (168) 33[deg]34.15[min] N. lat., 118[deg]11.22[min] W. long.;
    (169) 33[deg]34.29[min] N. lat., 118[deg]08.35[min] W. long.;
    (170) 33[deg]35.53[min] N. lat., 118[deg]06.66[min] W. long.;
    (171) 33[deg]35.93[min] N. lat., 118[deg]04.78[min] W. long.;
    (172) 33[deg]34.97[min] N. lat., 118[deg]02.91[min] W. long.;
    (173) 33[deg]33.84[min] N. lat., 117[deg]59.77[min] W. long.;
    (174) 33[deg]35.33[min] N. lat., 117[deg]55.89[min] W. long.;
    (175) 33[deg]35.05[min] N. lat., 117[deg]53.72[min] W. long.;
    (176) 33[deg]31.32[min] N. lat., 117[deg]48.01[min] W. long.;
    (177) 33[deg]27.99[min] N. lat., 117[deg]45.19[min] W. long.;
    (178) 33[deg]26.93[min] N. lat., 117[deg]44.24[min] W. long.;
    (179) 33[deg]25.46[min] N. lat., 117[deg]42.06[min] W. long.;
    (180) 33[deg]18.45[min] N. lat., 117[deg]35.73[min] W. long.;
    (181) 33[deg]10.29[min] N. lat., 117[deg]25.68[min] W. long.;
    (182) 33[deg]07.47[min] N. lat., 117[deg]21.62[min] W. long.;
    (183) 33[deg]04.47[min] N. lat., 117[deg]21.24[min] W. long.;
    (184) 32[deg]59.89[min] N. lat., 117[deg]19.11[min] W. long.;
    (185) 32[deg]57.41[min] N. lat., 117[deg]18.64[min] W. long.;
    (186) 32[deg]55.71[min] N. lat., 117[deg]18.99[min] W. long.;
    (187) 32[deg]54.43[min] N. lat., 117[deg]16.93[min] W. long.;
    (188) 32[deg]52.34[min] N. lat., 117[deg]16.73[min] W. long.;
    (189) 32[deg]52.64[min] N. lat., 117[deg]17.76[min] W. long.;
    (190) 32[deg]52.24[min] N. lat., 117[deg]19.36[min] W. long.;
    (191) 32[deg]47.06[min] N. lat., 117[deg]21.92[min] W. long.;
    (192) 32[deg]41.93[min] N. lat., 117[deg]19.68[min] W. long.; and
    (193) 32[deg]33.59[min] N. lat., 117[deg]17.89[min] W. long.
* * * * *
    (f) * * *
    (137) 36[deg]00.00' N. lat., 121[deg]35.34' W. long.;
    (138) 35[deg]58.25' N. lat., 121[deg]32.88' W. long.;
    (139) 35[deg]40.38' N. lat., 121[deg]22.59' W. long.;
    (140) 35[deg]26.31' N. lat., 121[deg]03.73' W. long.;
    (141) 35[deg]01.36' N. lat., 120[deg]49.02' W. long.;
    (142) 34[deg]39.52' N. lat., 120[deg]48.72' W. long.;
    (143) 34[deg]31.26' N. lat., 120[deg]44.12' W. long.;
    (144) 34[deg]27.00' N. lat., 120[deg]36.00' W. long.;
    (145) 34[deg]23.00' N. lat., 120[deg]25.32' W. long.;
    (146) 34[deg]25.65' N. lat., 120[deg]17.20' W. long.;
    (147) 34[deg]23.18' N. lat., 119[deg]56.17' W. long.;
    (148) 34[deg]18.73' N. lat., 119[deg]41.89' W. long.;
    (149) 34[deg]11.18' N. lat., 119[deg]31.21' W. long.;
    (150) 34[deg]10.01' N. lat., 119[deg]25.84' W. long.;
    (151) 34[deg]03.88' N. lat., 119[deg]12.46' W. long.;
    (152) 34[deg]03.58' N. lat., 119[deg]06.71' W. long.;
    (153) 34[deg]04.52' N. lat., 119[deg]04.89' W. long.;
    (154) 34[deg]01.28' N. lat., 119[deg]00.27' W. long.;
    (155) 34[deg]00.20' N. lat., 119[deg]03.18' W. long.;

[[Page 80553]]

    (156) 33[deg]59.60' N. lat., 119[deg]03.14' W. long.;
    (157) 33[deg]59.45' N. lat., 119[deg]00.87' W. long.;
    (158) 34[deg]00.71' N. lat., 118[deg]59.07' W. long.;
    (159) 33[deg]59.05' N. lat., 118[deg]47.34' W. long.;
    (160) 33[deg]58.86' N. lat., 118[deg]36.24' W. long.;
    (161) 33[deg]55.05' N. lat., 118[deg]32.85' W. long.;
    (162) 33[deg]53.63' N. lat., 118[deg]37.88' W. long.;
    (163) 33[deg]51.22' N. lat., 118[deg]36.13' W. long.;
    (164) 33[deg]50.19' N. lat., 118[deg]32.19' W. long.;
    (165) 33[deg]51.28' N. lat., 118[deg]29.12' W. long.;
    (166) 33[deg]49.89' N. lat., 118[deg]28.04' W. long.;
    (167) 33[deg]49.95' N. lat., 118[deg]26.38' W. long.;
    (168) 33[deg]50.73' N. lat., 118[deg]26.16' W. long.;
    (169) 33[deg]50.06' N. lat., 118[deg]24.79' W. long.;
    (170) 33[deg]48.48' N. lat., 118[deg]26.86' W. long.;
    (171) 33[deg]47.75' N. lat., 118[deg]30.21' W. long.;
    (172) 33[deg]44.10' N. lat., 118[deg]25.25' W. long.;
    (173) 33[deg]41.77' N. lat., 118[deg]20.32' W. long.;
    (174) 33[deg]38.17' N. lat., 118[deg]15.69' W. long.;
    (175) 33[deg]37.48' N. lat., 118[deg]16.72' W. long.;
    (176) 33[deg]35.80' N. lat., 118[deg]16.65' W. long.;
    (177) 33[deg]33.92' N. lat., 118[deg]11.36' W. long.;
    (178) 33[deg]34.09' N. lat., 118[deg]08.15' W. long.;
    (179) 33[deg]35.73' N. lat., 118[deg]05.01' W. long.;
    (180) 33[deg]33.75' N. lat., 117[deg]59.82' W. long.;
    (181) 33[deg]35.25' N. lat., 117[deg]55.89' W. long.;
    (182) 33[deg]35.03' N. lat., 117[deg]53.80' W. long.;
    (183) 33[deg]31.37' N. lat., 117[deg]48.15' W. long.;
    (184) 33[deg]27.49' N. lat., 117[deg]44.85' W. long.;
    (185) 33[deg]16.63' N. lat., 117[deg]34.01' W. long.;
    (186) 33[deg]07.21' N. lat., 117[deg]21.96' W. long.;
    (187) 33[deg]03.35' N. lat., 117[deg]21.22' W. long.;
    (188) 33[deg]02.14' N. lat., 117[deg]20.26' W. long.;
    (189) 32[deg]59.87' N. lat., 117[deg]19.16' W. long.;
    (190) 32[deg]57.39' N. lat., 117[deg]18.72' W. long.;
    (191) 32[deg]56.11' N. lat., 117[deg]18.41' W. long.;
    (192) 32[deg]55.31' N. lat., 117[deg]18.80' W. long.;
    (193) 32[deg]54.38' N. lat., 117[deg]17.09' W. long.;
    (194) 32[deg]52.81' N. lat., 117[deg]16.94' W. long.;
    (195) 32[deg]52.56' N. lat., 117[deg]19.30' W. long.;
    (196) 32[deg]50.86' N. lat., 117[deg]20.98' W. long.;
    (197) 32[deg]46.96' N. lat., 117[deg]22.69' W. long.;
    (198) 32[deg]45.58' N. lat., 117[deg]22.38' W. long.;
    (199) 32[deg]44.98' N. lat., 117[deg]21.87' W. long.;
    (200) 32[deg]43.52' N. lat., 117[deg]19.32' W. long.;
    (201) 32[deg]41.52' N. lat., 117[deg]20.12' W. long.;
    (202) 32[deg]37.00' N. lat., 117[deg]20.10' W. long.;
    (203) 32[deg]34.76' N. lat., 117[deg]18.77' W. long.; and
    (204) 32[deg]33.70' N. lat., 117[deg]18.46' W. long.
    (g) * * *
    (1) 34[deg]09.83' N. lat., 120[deg]25.61' W. long.;
    (2) 34[deg]07.03' N. lat., 120[deg]16.43' W. long.;
    (3) 34[deg]06.38' N. lat., 120[deg]04.00' W. long.;
    (4) 34[deg]07.90' N. lat., 119[deg]55.12' W. long.;
    (5) 34[deg]05.07' N. lat., 119[deg]37.33' W. long.;
    (6) 34[deg]05.04' N. lat., 119[deg]32.80' W. long.;
    (7) 34[deg]04.00' N. lat., 119[deg]26.70' W. long.;
    (8) 34[deg]02.27' N. lat., 119[deg]18.73' W. long.;
    (9) 34[deg]00.98' N. lat., 119[deg]19.10' W. long.;
    (10) 33[deg]59.44' N. lat., 119[deg]21.89' W. long.;
    (11) 33[deg]58.70' N. lat., 119[deg]32.22' W. long.;
    (12) 33[deg]57.81' N. lat., 119[deg]33.72' W. long.;
    (13) 33[deg]57.65' N. lat., 119[deg]35.94' W. long.;
    (14) 33[deg]56.14' N. lat., 119[deg]41.09' W. long.;
    (15) 33[deg]55.84' N. lat., 119[deg]48.00' W. long.;
    (16) 33[deg]57.22' N. lat., 119[deg]52.09' W. long.;
    (17) 33[deg]59.32' N. lat., 119[deg]55.65' W. long.;
    (18) 33[deg]57.73' N. lat., 119[deg]55.06' W. long.;
    (19) 33[deg]56.48' N. lat., 119[deg]53.80' W. long.;
    (20) 33[deg]49.29' N. lat., 119[deg]55.76' W. long.;
    (21) 33[deg]48.11' N. lat., 119[deg]59.72' W. long.;
    (22) 33[deg]49.14' N. lat., 120[deg]03.58' W. long.;
    (23) 33[deg]52.95' N. lat., 120[deg]10.00' W. long.;
    (24) 33[deg]56.00' N. lat., 120[deg]17.00' W. long.;
    (25) 34[deg]00.12' N. lat., 120[deg]28.12' W. long.;
    (26) 34[deg]08.23' N. lat., 120[deg]36.25' W. long.;
    (27) 34[deg]08.80' N. lat., 120[deg]34.58' W. long.; and
    (28) 34[deg]09.83' N. lat., 120[deg]25.61' W. long.
    (h) * * *
    (1) 33[deg]04.44' N. lat., 118[deg]37.61' W. long.;
    (2) 33[deg]02.56' N. lat., 118[deg]34.12' W. long.;
    (3) 32[deg]55.54' N. lat., 118[deg]28.87' W. long.;
    (4) 32[deg]55.02' N. lat., 118[deg]27.69' W. long.;
    (5) 32[deg]49.78' N. lat., 118[deg]20.88' W. long.;
    (6) 32[deg]48.32' N. lat., 118[deg]19.89' W. long.;
    (7) 32[deg]47.60' N. lat., 118[deg]22.00' W. long.;
    (8) 32[deg]44.59' N. lat., 118[deg]24.52' W. long.;
    (9) 32[deg]49.97' N. lat., 118[deg]31.52' W. long.;
    (10) 32[deg]53.62' N. lat., 118[deg]32.94' W. long.;
    (11) 32[deg]55.63' N. lat., 118[deg]34.82' W. long.;
    (12) 33[deg]00.71' N. lat., 118[deg]38.42' W. long.;
    (13) 33[deg]03.49' N. lat., 118[deg]38.81' W. long.; and
    (14) 33[deg]04.44' N. lat., 118[deg]37.61' W. long.
    (i) * * *
    (1) 33[deg]28.15' N. lat., 118[deg]38.17' W. long.;
    (2) 33[deg]29.23' N. lat., 118[deg]36.27' W. long.;
    (3) 33[deg]28.85' N. lat., 118[deg]30.85' W. long.;
    (4) 33[deg]26.69' N. lat., 118[deg]27.37' W. long.;
    (5) 33[deg]26.30' N. lat., 118[deg]25.38' W. long.;
    (6) 33[deg]25.35' N. lat., 118[deg]22.83' W. long.;
    (7) 33[deg]22.60' N. lat., 118[deg]18.82' W. long.;
    (8) 33[deg]19.49' N. lat., 118[deg]16.91' W. long.;
    (9) 33[deg]17.13' N. lat., 118[deg]16.58' W. long.;
    (10) 33[deg]16.65' N. lat., 118[deg]17.71' W. long.;
    (11) 33[deg]18.35' N. lat., 118[deg]27.86' W. long.;
    (12) 33[deg]20.07' N. lat., 118[deg]32.34' W. long.;

[[Page 80554]]

    (13) 33[deg]21.82' N. lat., 118[deg]32.08' W. long.;
    (14) 33[deg]23.15' N. lat., 118[deg]29.89' W. long.;
    (15) 33[deg]24.99' N. lat., 118[deg]32.25' W. long.;
    (16) 33[deg]25.73' N. lat., 118[deg]34.88' W. long.; and
    (17) 33[deg]28.15' N. lat., 118[deg]38.17' W. long.
    (j) * * *
    (144) 37[deg]28.20' N. lat., 122[deg]54.92' W. long.;
    (145) 37[deg]27.34' N. lat., 122[deg]52.91' W. long.;
    (146) 37[deg]26.45' N. lat., 122[deg]52.95' W. long.;
    (147) 37[deg]26.06' N. lat., 122[deg]51.17' W. long.;
    (148) 37[deg]23.07' N. lat., 122[deg]51.34' W. long.;
    (149) 37[deg]11.00' N. lat., 122[deg]43.89' W. long.;
    (150) 37[deg]07.00' N. lat., 122[deg]41.06' W. long.;
    (151) 37[deg]04.12' N. lat., 122[deg]38.94' W. long.;
    (152) 37[deg]00.64' N. lat., 122[deg]33.26' W. long.;
    (153) 36[deg]59.15' N. lat., 122[deg]27.84' W. long.;
    (154) 37[deg]01.41' N. lat., 122[deg]24.41' W. long.;
    (155) 36[deg]58.75' N. lat., 122[deg]23.81' W. long.;
    (156) 36[deg]59.17' N. lat., 122[deg]21.44' W. long.;
    (157) 36[deg]57.51' N. lat., 122[deg]20.69' W. long.;
    (158) 36[deg]51.46' N. lat., 122[deg]10.01' W. long.;
    (159) 36[deg]48.43' N. lat., 122[deg]06.47' W. long.;
    (160) 36[deg]48.66' N. lat., 122[deg]04.99' W. long.;
    (161) 36[deg]47.75' N. lat., 122[deg]03.33' W. long.;
    (162) 36[deg]51.23' N. lat., 121[deg]57.79' W. long.;
    (163) 36[deg]49.72' N. lat., 121[deg]57.87' W. long.;
    (164) 36[deg]48.84' N. lat., 121[deg]58.68' W. long.;
    (165) 36[deg]47.89' N. lat., 121[deg]58.53' W. long.;
    (166) 36[deg]48.66' N. lat., 121[deg]50.49' W. long.;
    (167) 36[deg]45.56' N. lat., 121[deg]54.11' W. long.;
    (168) 36[deg]45.30' N. lat., 121[deg]57.62' W. long.;
    (169) 36[deg]38.54' N. lat., 122[deg]01.13' W. long.;
    (170) 36[deg]35.76' N. lat., 122[deg]00.87' W. long.;
    (171) 36[deg]32.58' N. lat., 121[deg]59.12' W. long.;
    (172) 36[deg]32.95' N. lat., 121[deg]57.62' W. long.;
    (173) 36[deg]31.96' N. lat., 121[deg]56.27' W. long.;
    (174) 36[deg]31.74' N. lat., 121[deg]58.24' W. long.;
    (175) 36[deg]30.57' N. lat., 121[deg]59.66' W. long.;
    (176) 36[deg]27.80' N. lat., 121[deg]59.30' W. long.;
    (177) 36[deg]26.52' N. lat., 121[deg]58.09' W. long.;
    (178) 36[deg]23.65' N. lat., 121[deg]58.94' W. long.;
    (179) 36[deg]20.93' N. lat., 122[deg]00.28' W. long.;
    (180) 36[deg]18.23' N. lat., 122[deg]03.10' W. long.;
    (181) 36[deg]14.21' N. lat., 121[deg]57.73' W. long.;
    (182) 36[deg]14.68' N. lat., 121[deg]55.43' W. long.;
    (183) 36[deg]10.42' N. lat., 121[deg]42.90' W. long.;
    (184) 36[deg]02.55' N. lat., 121[deg]36.35' W. long.;
    (185) 36[deg]01.04' N. lat., 121[deg]36.47' W. long.;
    (186) 36[deg]00.00' N. lat., 121[deg]35.40' W. long.;
    (187) 35[deg]58.25' N. lat., 121[deg]32.88' W. long.;
    (188) 35[deg]39.35' N. lat., 121[deg]22.63' W. long.;
    (189) 35[deg]25.09' N. lat., 121[deg]03.02' W. long.;
    (190) 35[deg]10.84' N. lat., 120[deg]55.90' W. long.;
    (191) 35[deg]04.35' N. lat., 120[deg]51.62' W. long.;
    (192) 34[deg]55.25' N. lat., 120[deg]49.36' W. long.;
    (193) 34[deg]47.95' N. lat., 120[deg]50.76' W. long.;
    (194) 34[deg]39.27' N. lat., 120[deg]49.16' W. long.;
    (195) 34[deg]31.05' N. lat., 120[deg]44.71' W. long.;
    (196) 34[deg]27.00' N. lat., 120[deg]36.54' W. long.;
    (197) 34[deg]22.60' N. lat., 120[deg]25.41' W. long.;
    (198) 34[deg]25.45' N. lat., 120[deg]17.41' W. long.;
    (199) 34[deg]22.94' N. lat., 119[deg]56.40' W. long.;
    (200) 34[deg]18.37' N. lat., 119[deg]42.01' W. long.;
    (201) 34[deg]11.22' N. lat., 119[deg]32.47' W. long.;
    (202) 34[deg]09.58' N. lat., 119[deg]25.94' W. long.;
    (203) 34[deg]03.89' N. lat., 119[deg]12.47' W. long.;
    (204) 34[deg]03.57' N. lat., 119[deg]06.72' W. long.;
    (205) 34[deg]04.53' N. lat., 119[deg]04.90' W. long.;
    (206) 34[deg]02.84' N. lat., 119[deg]02.37' W. long.;
    (207) 34[deg]01.30' N. lat., 119[deg]00.26' W. long.;
    (208) 34[deg]00.22' N. lat., 119[deg]03.20' W. long.;
    (209) 33[deg]59.56' N. lat., 119[deg]03.36' W. long.;
    (210) 33[deg]59.35' N. lat., 119[deg]00.92' W. long.;
    (211) 34[deg]00.49' N. lat., 118[deg]59.08' W. long.;
    (212) 33[deg]59.07' N. lat., 118[deg]47.34' W. long.;
    (213) 33[deg]58.73' N. lat., 118[deg]36.45' W. long.;
    (214) 33[deg]55.24' N. lat., 118[deg]33.42' W. long.;
    (215) 33[deg]53.71' N. lat., 118[deg]38.01' W. long.;
    (216) 33[deg]51.19' N. lat., 118[deg]36.50' W. long.;
    (217) 33[deg]49.85' N. lat., 118[deg]32.31' W. long.;
    (218) 33[deg]49.61' N. lat., 118[deg]28.07' W. long.;
    (219) 33[deg]49.77' N. lat., 118[deg]26.34' W. long.;
    (220) 33[deg]50.36' N. lat., 118[deg]25.84' W. long.;
    (221) 33[deg]49.92' N. lat., 118[deg]25.05' W. long.;
    (222) 33[deg]48.70' N. lat., 118[deg]26.70' W. long.;
    (223) 33[deg]47.72' N. lat., 118[deg]30.48' W. long.;
    (224) 33[deg]44.11' N. lat., 118[deg]25.25' W. long.;
    (225) 33[deg]41.62' N. lat., 118[deg]20.31' W. long.;
    (226) 33[deg]38.15' N. lat., 118[deg]15.85' W. long.;
    (227) 33[deg]37.53' N. lat., 118[deg]16.82' W. long.;
    (228) 33[deg]35.76' N. lat., 118[deg]16.75' W. long.;
    (229) 33[deg]33.76' N. lat., 118[deg]11.37' W. long.;
    (230) 33[deg]33.76' N. lat., 118[deg]07.94' W. long.;
    (231) 33[deg]35.59' N. lat., 118[deg]05.05' W. long.;
    (232) 33[deg]33.67' N. lat., 117[deg]59.98' W. long.;
    (233) 33[deg]34.98' N. lat., 117[deg]55.66' W. long.;
    (234) 33[deg]34.84' N. lat., 117[deg]53.83' W. long.;
    (235) 33[deg]31.43' N. lat., 117[deg]48.76' W. long.;
    (236) 33[deg]16.61' N. lat., 117[deg]34.49' W. long.;
    (237) 33[deg]07.43' N. lat., 117[deg]22.40' W. long.;
    (238) 33[deg]02.93' N. lat., 117[deg]21.12' W. long.;
    (239) 33[deg]02.09' N. lat., 117[deg]20.28' W. long.;
    (240) 32[deg]59.91' N. lat., 117[deg]19.28' W. long.;
    (241) 32[deg]57.27' N. lat., 117[deg]18.82' W. long.;
    (242) 32[deg]56.17' N. lat., 117[deg]19.43' W. long.;

[[Page 80555]]

    (243) 32[deg]55.22' N. lat., 117[deg]19.09' W. long.;
    (244) 32[deg]54.30' N. lat., 117[deg]17.13' W. long.;
    (245) 32[deg]52.89' N. lat., 117[deg]17.03' W. long.;
    (246) 32[deg]52.61' N. lat., 117[deg]19.50' W. long.;
    (247) 32[deg]50.85' N. lat., 117[deg]21.14' W. long.;
    (248) 32[deg]47.11' N. lat., 117[deg]22.95' W. long.;
    (249) 32[deg]45.66' N. lat., 117[deg]22.60' W. long.;
    (250) 32[deg]42.99' N. lat., 117[deg]20.70' W. long.;
    (251) 32[deg]40.72' N. lat., 117[deg]20.23' W. long.;
    (252) 32[deg]38.11' N. lat., 117[deg]20.59' W. long.; and
    (253) 32[deg]33.83' N. lat., 117[deg]19.18' W. long.
    (k) * * *
    (1) 34[deg]10.82' N. lat., 120[deg]33.26' W. long.;
    (2) 34[deg]11.78' N. lat., 120[deg]28.12' W. long.;
    (3) 34[deg]08.65' N. lat., 120[deg]18.46' W. long.;
    (4) 34[deg]07.01' N. lat., 120[deg]10.46' W. long.;
    (5) 34[deg]06.56' N. lat., 120[deg]04.00' W. long.;
    (6) 34[deg]08.11' N. lat., 119[deg]55.01' W. long.;
    (7) 34[deg]05.18' N. lat., 119[deg]37.94' W. long.;
    (8) 34[deg]05.22' N. lat., 119[deg]35.52' W. long.;
    (9) 34[deg]05.12' N. lat., 119[deg]32.74' W. long.;
    (10) 34[deg]04.32' N. lat., 119[deg]27.32' W. long.;
    (11) 34[deg]02.32' N. lat., 119[deg]18.46' W. long.;
    (12) 34[deg]00.95' N. lat., 119[deg]18.95' W. long.;
    (13) 33[deg]59.40' N. lat., 119[deg]21.74' W. long.;
    (14) 33[deg]58.70' N. lat., 119[deg]32.21' W. long.;
    (15) 33[deg]56.12' N. lat., 119[deg]41.10' W. long.;
    (16) 33[deg]55.74' N. lat., 119[deg]48.00' W. long.;
    (17) 33[deg]56.91' N. lat., 119[deg]52.04' W. long.;
    (18) 33[deg]59.06' N. lat., 119[deg]55.38' W. long.;
    (19) 33[deg]57.82' N. lat., 119[deg]54.99' W. long.;
    (20) 33[deg]56.58' N. lat., 119[deg]53.75' W. long.;
    (21) 33[deg]54.43' N. lat., 119[deg]54.07' W. long.;
    (22) 33[deg]52.67' N. lat., 119[deg]54.78' W. long.;
    (23) 33[deg]48.33' N. lat., 119[deg]55.09' W. long.;
    (24) 33[deg]47.28' N. lat., 119[deg]57.30' W. long.;
    (25) 33[deg]47.36' N. lat., 120[deg]00.39' W. long.;
    (26) 33[deg]49.16' N. lat., 120[deg]05.06' W. long.;
    (27) 33[deg]52.00' N. lat., 120[deg]08.15' W. long.;
    (28) 33[deg]58.11' N. lat., 120[deg]25.59' W. long.;
    (29) 34[deg]02.15' N. lat., 120[deg]32.70' W. long.;
    (30) 34[deg]08.86' N. lat., 120[deg]37.12' W. long.; and
    (31) 34[deg]10.82' N. lat., 120[deg]33.26' W. long.
* * * * *
    (m) * * *
    (1) 33[deg]28.17' N. lat., 118[deg]38.16' W. long.;
    (2) 33[deg]29.35' N. lat., 118[deg]36.23' W. long.;
    (3) 33[deg]28.85' N. lat., 118[deg]30.85' W. long.;
    (4) 33[deg]26.69' N. lat., 118[deg]27.37' W. long.;
    (5) 33[deg]26.33' N. lat., 118[deg]25.37' W. long.;
    (6) 33[deg]25.35' N. lat., 118[deg]22.83' W. long.;
    (7) 33[deg]22.47' N. lat., 118[deg]18.53' W. long.;
    (8) 33[deg]19.51' N. lat., 118[deg]16.82' W. long.;
    (9) 33[deg]17.07' N. lat., 118[deg]16.38' W. long.;
    (10) 33[deg]16.58' N. lat., 118[deg]17.61' W. long.;
    (11) 33[deg]18.35' N. lat., 118[deg]27.86' W. long.;
    (12) 33[deg]20.07' N. lat., 118[deg]32.35' W. long.;
    (13) 33[deg]21.82' N. lat., 118[deg]32.09' W. long.;
    (14) 33[deg]23.15' N. lat., 118[deg]29.99' W. long.;
    (15) 33[deg]24.96' N. lat., 118[deg]32.21' W. long.;
    (16) 33[deg]25.67' N. lat., 118[deg]34.88' W. long.;
    (17) 33[deg]27.57' N. lat., 118[deg]37.90' W. long.; and
    (18) 33[deg]28.17' N. lat., 118[deg]38.16' W. long.
    18. In Sec.  660.393:
    A. Paragraphs (a)(210) through (297) are redesignated as (a)(220) 
through (307), and paragraphs (a)(35) through (209) are redesignated as 
(a)(38) through (212);
    B. Paragraphs (h)(215) through (291) are redesignated as (h)(224) 
through (300), and paragraphs (h)(187) through (214) are redesignated 
as (h)(188) through (215);
    C. New paragraphs (a)(35) through (37), (a)(213) through (219), 
(h)(187), and (h)(216) through (223) are added; and
    D. Newly redesignated paragraphs (a)(261), (262), and (304) and 
(h)(188), (201), (206), and (249) are revised.
    The additions and revisions read as follows:


Sec.  660.393  Latitude/longitude coordinates defining the 100 fm (183 
m) through 150 fm (274 m) depth contours.

    (a) * * *
    (35) 48[deg]02.35' N. lat., 125[deg]17.30' W. long.;
    (36) 48[deg]02.35' N. lat., 125[deg]18.07' W. long.;
    (37) 48[deg]00.00' N. lat., 125[deg]19.30' W. long.;
* * * * *
    (213) 37[deg]26.81' N. lat., 122[deg]55.57' W. long.;
    (214) 37[deg]26.78' N. lat., 122[deg]53.91' W. long.;
    (215) 37[deg]25.74' N. lat., 122[deg]54.13' W. long.;
    (216) 37[deg]25.33' N. lat., 122[deg]53.59' W. long.;
    (217) 37[deg]25.29' N. lat., 122[deg]52.57' W. long.;
    (218) 37[deg]24.50' N. lat., 122[deg]52.09' W. long.;
    (219) 37[deg]23.25' N. lat., 122[deg]53.12' W. long.;
* * * * *
    (261) 36[deg]00.00' N. lat., 121[deg]35.41' W. long.;
    (262) 35[deg]57.84' N. lat., 121[deg]32.81' W. long.;
* * * * *
    (304) 32[deg]53.36' N. lat., 117[deg]19.97' W. long.;
* * * * *
    (h) * * *
    (187) 39[deg]39.82 N. lat., 123[deg]59.98' W. long.;
    (188) 39[deg]34.59 N. lat., 123[deg]58.08' W. long.;
* * * * *
    (201) 38[deg]18.75 N. lat., 123[deg]31.21' W. long.;
* * * * *
    (206) 38[deg]06.15 N. lat., 123[deg]30.00' W. long.;
* * * * *
    (216) 37[deg]26.10 N. lat., 122[deg]57.07' W. long.;
    (217) 37[deg]26.51 N. lat., 122[deg]54.23' W. long.;
    (218) 37[deg]25.05' N. lat., 122[deg]55.64' W. long.;
    (219) 37[deg]24.42' N. lat., 122[deg]54.94' W. long.;
    (220) 37[deg]25.16' N. lat., 122[deg]52.73' W. long.;
    (221) 37[deg]24.55' N. lat., 122[deg]52.48' W. long.;
    (222) 37[deg]22.81' N. lat., 122[deg]54.36' W. long.;
    (223) 37[deg]19.87' N. lat., 122[deg]53.98' W. long.;
* * * * *

[[Page 80556]]

    (249) 36[deg]00.00' N. lat., 121[deg]35.45' W. long.;
* * * * *
    19. In Sec.  660.394:
    A. Paragraphs (l)(179) through (214) are redesignated as (l)(180) 
through (242), paragraphs (l)(164) through (l)(177) are redesignated as 
(l)(166) through (179), and paragraph (l)(130) through (163) are 
redesignated as paragraphs (l)(131) through (164);
    B. Paragraphs (l)(178) is removed;
    C. Paragraph (l)(121) is revised;
    D. New paragraphs (l)(130) and (165) are added;
    E. Newly designated paragraphs (l)(140) and (179) are revised;
    F. Paragraphs (m)(119) through (199) are redesignated as (m)(121) 
through (201);
    G. New paragraphs (m)(119) and (120) are added, and
    H. Newly redesignated paragraphs (m)(121) and (122) are revised.
    The additions and revisions read as follows:


Sec.  660.394  Latitude/longitude coordinates defining the 180-fm (329-
m) through 250-fm (457-m) depth contours.

* * * * *
    (l) * * *
    (121) 40[deg]38.87' N. lat., 124[deg]30.15' W. long.;
* * * * *
    (130) 40[deg]16.29' N. lat., 124[deg]34.50' W. long.;
* * * * *
    (140) 39[deg]55.72' N. lat., 124[deg]09.86' W. long.;
* * * * *
    (165) 37[deg]55.07' N. lat., 123[deg]27.20' W. long.;
* * * * *
    (179) 36[deg]55.69' N. lat., 122[deg]22.32' W. long.;
* * * * *
    (m) * * *
    (119) 39[deg]56.44' N. lat., 124[deg]12.52' W. long.;
    (120) 39[deg]54.98' N. lat., 124[deg]08.71' W. long.;
    (121) 39[deg]52.60' N. lat., 124[deg]10.01' W. long.;
    (122) 39[deg]37.37' N. lat., 124[deg]00.58' W. long.;
* * * * *
    20. In part 660, subpart G, Tables 1-5 are revised to read as 
follows:

                            Table 1a. to Part 660, Subpart G--2009, Specifications of ABCs, OYs, and HGs, by Management Area
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 ABC specifications                                                      HG \b\
                                   ------------------------------------------------------------------------------             --------------------------
                                                       ABC contributions by area
              Species              -----------------------------------------------------------------                 OY \b\
                                     Vancouver                                                           ABC                    Commercial  Recreational
                                        \a\        Columbia      Eureka      Monterey    Conception
--------------------------------------------------------------------------------------------------------------------------------------------------------
ROUNDFISH:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Lingcod \c\
                                                                           ...........
        N of 42[deg] N. lat
                                                                           ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 42[deg] N. lat.......            4,473
                                                     805                         5,278        5,278
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Pacific Cod \e\...............            3,200
                                                     (\d\)                       3,200        1,600        1,200
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Pacific Whiting (\f\).........                               (\f\)                                     (\f\)  134,773-404
                                                                                                                         ,318
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Sablefish \g\                                                                                    ...........
        N of 36[deg] N. lat.......                                                                                      7,052        6,347
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 36[deg] N. lat.......                               9,914                                     9,914        1,371        1,371
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Cabezon \h\
                                                              ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 42[deg] N. lat.......            (\d\)
                                               81                      25          106           69
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLATFISH:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Dover sole \i\................                               29,453                                   29,453       16,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
    English sole \j\..............                               14,326                                   14,326       14,326
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Petrale sole \k\..............            1,509
                                                    1,302                        2,811        2,433
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Arrowtooth flounder \l\.......                               11,267                                   11,267       11,267
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Starry Flounder \m\...........                               1,509                                     1,509        1,004
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Other flatfish \n\............                               6,731                                     6,731        4,884
--------------------------------------------------------------------------------------------------------------------------------------------------------
ROCKFISH:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Pacific Ocean Perch \o\.......                  1,160
                                                                    1,160          189          187
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shortbelly \p\................                               6,950                                     6,950        6,950
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Widow \q\.....................                               7,728                                     7,728          522        460.4           7.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Canary \r\....................                                937                                        937          105         42.3          43.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Chilipepper \s\...............                  (\d\)
                                              3,037                 3,037        2,885        2,885
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Bocaccio \t\..................                  (\d\)
                                               793                    793          288        206.4         67.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Splitnose \u\.................                  (\d\)
                                               615                    615          461
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 80557]]

 
    Yellowtail \v\................                  4,562
                                              (\d\)                 4,562        4,562
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shortspine thornyhead \w\                                                                        ...........
        N of 34[deg]27' N. lat....                                                                   ...........        1,608        1,608
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 34[deg]27' N. lat....                               2,437                                     2,437          414
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Longspine thornyhead \x\......                                                                   ...........
        N of 34[deg]27' N. lat....                                                                   ...........        2,231
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 34[deg]27' N. lat....                               3,766                                     3,766          395
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Cowcod \y\....................                  (\d\)
                                               13                      13            4
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Darkblotched \z\..............                                437                                        437          285       282.05
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Yelloweye \aa\................                                                                            31           17          3.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
    California Scorpionfish \bb\..                                                                           175          175          175
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Black \cc\
                                                                           ...........
        N of 46[deg]16' N. lat....             490
                                                                                   490          490
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 46[deg]16' N. lat....
                                                    1,469                        1,469        1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Minor Rockfish \dd\
                                                              ...........
        N of 40[deg]10' N. lat....                  3,678
                                                                    3,678        2,283
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Minor Rockfish \ee\
                                                              ...........
        S of 40[deg]10' N. lat....
                                              3,384                 3,384        1,990
--------------------------------------------------------------------------------------------------------------------------------------------------------
Remaining.........................                  1,640
                                              1,318
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Bank \ff\.....................                  (\d\)
                                               350
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Blackgill \gg\................                  (\d\)
                                               292
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Blue..........................                    28
                                               213
        Bocaccio north............                   318
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Chilipepper north.........                    32
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Redstripe.....................                   576
                                              (\d\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Sharpchin.....................                   307
                                               45
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Silvergrey....................                    38
                                              (\d\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Splitnose north...............                   242
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Yellowmouth...................                    99
                                              (\d\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Yellowtail....................
                                               116
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Gopher........................                  (\d\)
                                               302
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish \hh\...............                  2,038
                                              2,066
--------------------------------------------------------------------------------------------------------------------------------------------------------
SHARKS/SKATES/RATFISH/MORIDS/GRENADIERS/KELP GREENLING:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Longnose Skate \ii\...........                               3,428                                     3,428        1,349
    Other fish \jj\...............                               11,200                                   11,200        5,600
--------------------------------------------------------------------------------------------------------------------------------------------------------


                            Table 1b. to Part 660, Subpart G--2009, Harvest Guidelines for Minor Rockfish by Depth Sub-groups
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Limited entry HG           Open access HG
                    Species                      Total catch  Total catch  Recreational   Commercial ---------------------------------------------------
                                                     ABC           OY           HG            HG           Mt           %            Mt           %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minor Rockfish \dd\
    N of 40[deg]10[min] N. lat.................        3,678        2,283                                                 91.7                       8.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Nearshore..................................  ...........          155
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 80558]]

 
    Shelf......................................  ...........          968
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Slope......................................  ...........        1,160
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minor Rockfish \ee\
    S of 40[deg]10[min] N. lat.................        3,384        1,990                                                 55.7                      44.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Nearshore..................................                       650
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shelf......................................                       714
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Slope......................................                       626
--------------------------------------------------------------------------------------------------------------------------------------------------------


  Table 1c. to Part 660, Subpart G--2009, Open Access and Limited Entry Allocations by Species or Species Group
                                            [Weights in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                     Commercial total catch HGs
                                   Commercial   -------------------------------------------------------------------
            Species                total catch                                      Open access
                                       HGs       Limited  entry ---------------------------------------------------
                                                                       Mt               %              Mt
---------------------------------------------------------------------------------------------------------------
Lingcod:
    N of 42[deg] N. lat........
----------------------------------------------------------------------------------------------------------------
    S of 42[deg] N. lat........                                            81.0                            19.0
----------------------------------------------------------------------------------------------------------------
Sablefish \kk\
    N of 36[deg] N. lat........           6,347           5,750            90.6             597             9.4
----------------------------------------------------------------------------------------------------------------
Widow \ll\.....................           460.4                            97.0                             3.0
----------------------------------------------------------------------------------------------------------------
Canary \ll\....................            42.3                            87.7                            12.3
----------------------------------------------------------------------------------------------------------------
Chilipepper....................           2,885           1,607            55.7           1,278            44.3
----------------------------------------------------------------------------------------------------------------
Bocaccio \ll\..................           206.4                            55.7                            44.3
----------------------------------------------------------------------------------------------------------------
Yellowtail.....................                                            91.7                             8.3
----------------------------------------------------------------------------------------------------------------
Shortspine thornyhead N of                1,608           1,603            99.7               5            0.27
 34[deg]27[min] N. lat.........
----------------------------------------------------------------------------------------------------------------
Minor Rockfish:
    N of 40[deg]10[min] N. lat.                                            91.7                             8.3
----------------------------------------------------------------------------------------------------------------
    S of 40[deg]10[min] N. lat.                                            55.7                            44.3
----------------------------------------------------------------------------------------------------------------

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are 
specified as total catch values. A harvest guideline is a specified 
harvest target and not a quota. The use of this term may differ from 
the use of similar terms in state regulation.
    \c\ Lingcod--A coastwide lingcod stock assessment was prepared 
in 2005. The lingcod biomass was estimated to be at 64 percent of 
its unfished biomass coastwide in 2005. The ABC of 5,278 mt was 
calculated using an FMSY proxy of 
F45%. Because the stock is above B40% 
coastwide, the coastwide OY was set equal to the ABC. The tribal 
harvest guideline is 250 mt.
    \d\ ``Other species''--These species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia 
area is based on historical landings data. The 1,600 mt OY is the 
ABC reduced by 50 percent as a precautionary adjustment. A tribal 
harvest guideline of 400 mt is deducted from the OY resulting in a 
commercial OY of 1,200 mt.
    \f\ Pacific whiting--The most recent stock assessment was 
prepared in February 2008. The stock assessment base model estimated 
the Pacific whiting biomass to be at 42.6 percent (50th percentile 
estimate of depletion) of its unfished biomass in 2008. Final 
adoption of the Pacific whiting ABC and OY have been deferred until 
the Council's March 2009 meeting. Therefore, table 1a does not 
contain an ABC value, but does contain the OY range considered in 
the DEIS. It is anticipated that a new assessment will be available 
in early 2009 and the results will be used to set the 2009 ABC and 
OY. The final ABC and OY will be published as a separate action 
following the Council's recommendation at its March 2009 meeting.
    \g\ Sablefish--A coastwide sablefish stock assessment was 
prepared in 2007. The sablefish biomass was estimated to be at 38.3 
percent of its unfished biomass in 2007. The coastwide ABC of 9,914 
mt was based on the new stock assessment with a FMSY 
proxy of F45%. The 40-10 harvest policy was 
applied to the ABC then apportion between the northern and southern 
areas with 72 percent going to the area north of 36[deg] N. lat. and 
28 percent going to the area south of 36[deg] N. lat. The OY for the 
area north of 36[deg] N. lat. is

[[Page 80559]]

7,052 mt. When establishing the OY for the area south of 36[deg] N. 
lat. a 50 percent reduction was made resulting in a Conception area 
OY of 1,371 mt. The Coastwide OY of 8,423 mt is the sum of the 
northern and southern area OYs. The tribal allocation for the area 
north of 36[deg] N. lat. is 705 mt (10 percent of the OY north of 
36[deg] N. lat.), which is further reduced by 1.6 percent (11 mt) to 
account for discard mortality. The tribal landed catch value is 694 
mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished 
biomass north of 34[deg]27[min] N. lat. and 28 percent of its 
unfished biomass south of 34[deg]27[min] N. lat. in 2005. The ABC of 
106 mt is based on the 2005 stock assessment with a harvest rate 
proxy of F45%. The OY of 69 mt is consistent 
with the application of a 60-20 harvest rate policy specified in the 
California Nearshore Management Plan.
    \i\ Dover sole north of 34[deg]27[min] N. lat. was assessed in 
2005. The Dover sole biomass was estimated to be at 59.8 percent of 
its unfished biomass in 2005 and was projected to be increasing. The 
ABC of 29,453 mt is based on the results of the 2005 assessment with 
an FMSY proxy of F40%. Because the 
stock is above B40% coastwide, the OY could be 
set equal to the ABC. The OY of 16,500 mt is less than the ABC. The 
OY is set at the MSY harvest level which is considerably larger than 
the coastwide catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 
2005 and updated in 2007. The stock was estimated to be at 116 
percent of its unfished biomass in 2007. The stock biomass is 
believed to be declining. The ABC of 14,326 mt is based on the 
results of the 2007 assessment update with an FMSY proxy 
of F40%. Because the stock is above 
B40%, the OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 
2005 the petrale sole stock was estimated to be at 32 percent of its 
unfished biomass coastwide (34 percent in the northern assessment 
area and 29 percent in the southern assessment area). The ABC of 
2,811 mt is based on the 2005 stock assessment with a 
F40% FMSY proxy. To derive the OY, 
the 40-10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, 
an additional 25 percent reduction was made in the OY contribution 
for the southern area due assessment uncertainty. The coastwide OY 
is 2,433 mt in 2009.
    \l\ Arrowtooth flounder was assessed in 2007 and was estimated 
to be at 79 percent of its unfished biomass in 2007. Because the 
stock is above B40%, the OY is set equal to the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and 
was estimated to be above 40 percent of its unfished biomass in 
2005. However, the stock was projected to decline below 40 percent 
in both the northern and southern areas after 2008. The starry 
flounder assessment was considered to be a data-poor assessment 
relative to other groundfish assessments. For 2009, the coastwide 
ABC of 1,509 mt is based on the 2005 assessment with a 
FMSY proxy of F40%. To derive the OY (1,004 
mt), the 40-10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas then an additional 25 percent 
reduction was made due to assessment uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not 
have individual ABC/OYs and include butter sole, curlfin sole, 
flathead sole, Pacific sand dab, rex sole, rock sole, and sand sole. 
The other flatfish ABC is based on historical catch levels. The ABC 
of 6,731 mt is based on the highest landings for sanddabs (1995) and 
rex sole (1982) for the 1981-2003 period and on the average landings 
from the 1994-1998 period for the remaining other flatfish species. 
The OY of 4,884 mt is based on the ABC with a 25 percent 
precautionary adjustment for sanddabs and rex sole and a 50 percent 
precautionary adjustment for the remaining species.
    \o\ A POP stock assessment was prepared in 2005 and was updated 
in 2007. The stock assessment update estimated the stock to be at 
27.5 percent of its unfished biomass in 2007. The ABC of 1,160 mt 
for the Vancouver and Columbia areas is based on the 2007 stock 
assessment update with an FMSY proxy of F50%. 
The OY of 189 mt is based on a rebuilding plan with a target year to 
rebuild of 2017 and an SPR harvest rate of 86.4 percent. The OY is 
reduced by 2.0 mt for the amount anticipated to be taken during 
research activity and 0.14 mt for the amount expected to be taken 
during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 
2007. The results of the assessment indicated the shortbelly stock 
was healthy with an estimated spawning stock biomass at 67 percent 
of its unfished biomass in 2005. The ABC and OY are being set at 
6,950 mt which is 50 percent of the 2008 ABC and OY values. The 
stock is expected to remain at its current equilibrium with these 
harvest specifications.
    \q\ Widow rockfish was assessed in 2005 and an update was 
prepared in 2007. The stock assessment update estimated the stock to 
be at 36.2 percent of its unfished biomass in 2006. The ABC of 7,728 
mt is based on the stock assessment update with an F50% 
FMSY proxy. The OY of 522 mt is based on a rebuilding 
plan with a target year to rebuild of 2015 and an SPR harvest rate 
of 95 percent. To derive the commercial harvest guideline of 460.4 
mt the OY is reduced by 1.1 mt for the amount anticipated to be 
taken during research activity, 45.5 mt for the tribal set-aside, 
7.2 mt the amount estimated to be taken in the recreational 
fisheries, 0.4 mt for the amount expected to be taken incidentally 
in non-groundfish fisheries, and 7.4 mt for the amount projected to 
be taken during EFP fishing. The following sector specific bycatch 
limits will be established for the Pacific whiting fishery: 153.0 mt 
for catcher/processors, 108.0 mt for motherships, and 189.0 mt for 
shore-based.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent 
of its unfished biomass coastwide in 2007. The coastwide ABC of 937 
mt based on the 2007 rebuilding plan. The OY of 105 mt is based on a 
rebuilding plan with a target year to rebuild of 2021 and a SPR 
harvest rate of 88.7 percent. To derive the commercial harvest 
guideline of 42.3 mt, the OY is reduced by 8.0 mt for the amount 
anticipated to be taken during research activity, 7.3 mt the tribal 
set-aside, 43.8 mt the amount estimated to be taken in the 
recreational fisheries, 0.9 mt for the amount expected to be taken 
incidentally in non-groundfish fisheries, and 2.7 mt for the amount 
expected to be taken during EFP fishing. The following harvest 
guidelines are being specified for catch sharing in 2009: 19.7 mt 
for limited entry Non-Whiting Trawl, 18.0 mt for limited entry 
Whiting Trawl, 2.2 mt for limited entry fixed gear, 2.5 mt for 
directed open access, 4.9 mt for Washington recreational, 16.0 mt 
for Oregon recreational, and 22.9 mt for California recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 
2007. The ABC of 3,037 mt is based on a FMSY proxy of 
F50%. Because the unfished biomass is estimated to be 
above 40 percent the unfished biomass, the default OY could be set 
equal to the ABC. However, the OY of 2,885 mt was the ABC reduced by 
5 percent as a precautionary measure for uncertainty in the stock 
assessment. Open access is allocated 44.3 percent (1,278 mt) of the 
commercial HG and limited entry is allocated 55.7 percent (1,607 mt) 
of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 
percent of its unfished biomass in 2007. The ABC of 793 mt for the 
Monterey-Conception area is based on the new assessment with an 
FMSY proxy of F50%. The OY of 288 mt is based 
on a rebuilding plan with a target year to rebuild of 2026 and a SPR 
harvest rate of 77.7 percent. To derive the commercial harvest 
guideline of 206.4 mt, the OY is reduced by 2.0 mt for the amount 
anticipated to be taken during research activity, 67.3 mt for the 
amount estimated to be taken in the recreational fisheries, 1.3 mt 
for the amount expected to be taken incidentally in non-groundfish 
fisheries, and 11.0 mt for the amount expected to be taken during 
EFP fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent 
precautionary adjustment because of the less rigorous stock 
assessment for this stock. In the north (Vancouver, Columbia and 
Eureka areas), splitnose is included within the minor slope rockfish 
OY. Because the harvest assumptions used to forecast future harvest 
were likely overestimates, carrying the previously used ABCs and OYs 
forward into 2009 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment 
was prepared in 2005 for the Vancouver, Columbia, Eureka areas. 
Yellowtail rockfish was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005 
stock assessment with the FMSY proxy of F50%. 
The OY of 4,562 mt was set equal

[[Page 80560]]

to the ABC, because the stock is above the precautionary threshold 
of B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The 
ABC of 2,437 mt is based on a F50% FMSY proxy. 
For that portion of the stock (66 percent of the biomass) north of 
Point Conception (34[deg]27[min] N. lat.), the OY of 1,608 mt was 
set at equal to the ABC because the stock is estimated to be above 
the precautionary threshold. For that portion of the stock south of 
34[deg]27[min] N. lat. (34 percent of the biomass), the OY of 414 mt 
was the portion of the ABC for the area reduced by 50 percent as a 
precautionary adjustment due to the short duration and amount of 
survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 
2005. The coastwide ABC of 3,766 mt is based on a F50% 
FMSY proxy. The OY is set equal to the ABC because the 
stock is above the precautionary threshold. Separate OYs are being 
established for the areas north and south of 34[deg]27[min] N. lat. 
(Point Conception). The OY of 2,231 mt for that portion of the stock 
in the northern area (79 percent) the ABC reduced by 25 percent as a 
precautionary adjustment. For that portion of the stock in the south 
of 34[deg]27[min] N. lat. (21 percent), the OY of 395 mt was the 
portion of the ABC for the area reduced by 50 percent as a 
precautionary adjustment due to the short duration and amount of 
survey data for that area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the 
stock was estimated to be between 3.4 to 16.3 percent of its 
unfished biomass. The ABC for the area south of 36[deg] N. lat., the 
Conception and Monterey areas, is 13 mt and is based on the 2007 
rebuilding analysis in which the Conception area stock assessment 
projection was doubled to account for both areas. A single OY of 4 
mt is being set for both areas. The OY of 4 mt is based on a 
rebuilding plan with a target year to rebuild of 2072 and an SPR 
rate of 82.1 percent. The amount anticipated to be taken during 
research activity is 0.2 mt and the amount expected to be taken 
during EFP activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock 
to be at 22.4 percent of its unfished biomass in 2007. The ABC is 
projected to be 437 mt and is based on the 2007 stock assessment 
with an FMSY proxy of F50%. The OY of 285 mt 
is based on a rebuilding plan with a target year to rebuild of 2028 
and an SPR harvest rate of 62.1 percent. The commercial OY of 282.05 
mt is the OY reduced by 2.0 mt for the amount anticipated to be 
taken during research activity and 0.95 mt for the amount projected 
to be taken during EFP activity.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an 
assessment update was completed in 2007. The 2007 stock assessment 
update estimated the spawning stock biomass in 2006 to be at 14 
percent of its unfished biomass coastwide. The 31 mt coastwide ABC 
was derived from the base model in the new stock assessment with an 
FMSY proxy of F50%. The 17 mt OY is based on a 
rebuilding plan with a target year to rebuild of 2084 and an SPR 
harvest rate of 66.3 percent in 2009 and 2010 and an SPR harvest 
rate of 71.9 percent for 2011 and beyond. The OY is reduced by 2.8 
mt for the amount anticipated to be taken during research activity, 
2.3 mt the amount estimated to be taken in the tribal fisheries and 
0.3 mt for the amount expected to be taken incidentally in non-
groundfish fisheries. The catch sharing harvest guidelines for 
yelloweye rockfish in 2009 and 2010 are: limited entry non whiting 
trawl 0.6 mt, limited entry whiting 0.0 mt, limited entry fixed gear 
1.4 mt, directed open access 1.1 mt, Washington recreational 2.7 mt, 
Oregon recreational 2.4 mt, California recreational 2.7 mt, and 0.3 
mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27[min] N. lat. was 
assessed in 2005 and was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 175 mt is based on the new 
assessment with a harvest rate proxy of F50%. Because the 
stock is above B40% coastwide, the OY is set equal to the 
ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish 
north of Cape Falcon. The ABC for the area north of 46[deg]16[min] 
N. lat. (Washington) is 490 mt (97 percent) of the 505 mt ABC 
contribution from the northern assessment area. The ABC for the area 
south of 46[deg]16[min] N. lat. (Oregon and California) is 1,469 mt 
which is the sum of a contribution of 15 mt (3 percent) from the 
northern area assessment, and 1,454 mt from the southern area 
assessment. The ABCs were based on the results of the new assessment 
and derived using an FMSY proxy of F50%. 
Because both portions of the stock are above 40 percent, the OYs 
could be set equal to the ABCs. For the area north of 46[deg]16[min] 
N. lat., the OY of 490 mt is set equal to the ABC. The following 
tribal harvest guidelines are being set: 20,000 lb (9.1 mt) north of 
Cape Alava, WA (48[deg]09.50[min] N. lat.) and 10,000 lb (4.5 mt) 
between Destruction Island, WA (47[deg]40[min] N. lat.) and 
Leadbetter Point, WA (46[deg]38.17[min] N. lat.) The OY for the area 
south of 46[deg]16[min] N. lat. is being set at 1,000 mt which is a 
constant harvest level. The black rockfish OY in the area south of 
46[deg]16[min] N. lat., is subdivided with separate HGs being set 
for the area north of 42[deg] N. lat. (580 mt/58 percent) and for 
the area south of 42[deg] N. lat. (420 mt/42 percent).
    \dd\ Minor rockfish north includes the ``remaining rockfish'' 
and ``other rockfish'' categories in the Vancouver, Columbia, and 
Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', 
which includes species that do not have quantifiable stock 
assessments. Blue rockfish has been removed from the ``other 
rockfish'' and added to the remaining rockfish. The ABC of 3,678 mt 
is the sum of the individual ``remaining rockfish'' ABCs plus the 
``other rockfish'' ABCs. The remaining rockfish ABCs continue to be 
reduced by 25 percent (F=0.75M) as a precautionary adjustment. To 
obtain the total catch OY of 2,283 mt, the remaining rockfish ABCs 
were further reduced by 25 percent and other rockfish ABCs were 
reduced by 50 percent. This was a precautionary measure to address 
limited stock assessment information.
    \ee\ Minor rockfish south includes the ``remaining rockfish'' 
and ``other rockfish'' categories in the Monterey and Conception 
areas combined. These species include ``remaining rockfish'' which 
generally includes species that have been assessed by less rigorous 
methods than stock assessment, and ``other rockfish'' which includes 
species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to 
the remaining rockfish. The ABC of 3,384 mt is the sum of the 
individual ``remaining rockfish'' ABCs plus the ``other rockfish'' 
ABCs. The remaining rockfish ABCs continue to be reduced by 25 
percent (F=0.75M) as a precautionary adjustment. The remaining 
rockfish ABCs are further reduced by 25 percent, with the exception 
of blackgill rockfish (see footnote gg). The other rockfish ABCs 
were reduced by 50 percent. This was a precautionary measure due to 
limited stock assessment information. The resulting minor rockfish 
OY is 1,990 mt.
    \ff\ Bank rockfish--The ABC is 350 mt which is based on a 2000 
stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    \gg\ Blackgill rockfish in the Monterey and Conception areas was 
assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an 
FMSY proxy of F50% and is the two year average 
ABC for the 2007 and 2008 periods. This stock contributes 292 mt 
towards minor rockfish south.
    \hh\ ``Other rockfish'' includes rockfish species listed in 50 
CFR 660.302. A new stock assessment was conducted for blue rockfish 
in 2007. As a result of the new stock assessment, the blue rockfish 
contribution to the other rockfish group is of 232 mt in the north 
and 30 mt in the south are removed. A new contribution of 28 mt 
contribution in the north and 202 mt contribution in the south is 
added to the remaining rockfish. The ABC for the remaining species 
is based on historical data from a 1996 review landings and includes 
an estimate of recreational landings. Most of these species have 
never been assessed quantitatively.
    \ii\ Longnose skate was fully assessed in 2006 and an assessment 
update was completed in 2007. The ABC of 3,428 is based on the 2007 
with an FMSY proxy of F45%. Longnose skate was 
previously managed as part of the Other Fish complex. The 2009 OY of 
1,349 mt is a precautionary OY based on historical total catch 
increased by 50 percent.
    \jj\ ``Other fish'' includes sharks, skates, rays, ratfish, 
morids, grenadiers, kelp greenling, and other groundfish species 
noted above in footnote d/. The longnose skate contribution is being 
removed from this complex.
    \kk\ Sablefish allocation north of 36[deg] N. lat.--The limited 
entry allocation is further

[[Page 80561]]

divided with 58 percent allocated to the trawl fishery and 42 
percent allocated to the fixed-gear fishery.
    \ll\ Specific open access/limited entry allocations specified in 
the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing 
harvest of healthy stocks.

                      Table 2a. to Part 660, Subpart G--2010, and Beyond, Specifications of ABCs, OYs, and HGs, by Management Area
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 ABC specifications                                                       HG b
                                   ------------------------------------------------------------------------------             --------------------------
              Species                                  ABC specifications by area                                     OY b
                                   -----------------------------------------------------------------     ABC                    Commercial  Recreational
                                    Vancouver a    Columbia      Eureka      Monterey    Conception
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lingcod c
                                                                           ...........
    N of 42[deg] N. lat...........
 
-----------------------------------                                                                                           --------------------------
    S of 42[deg] N. lat...........            4,058
                                                     771                         4,829        4,829
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific Cod e.....................            3,200
                                                     (d)                         3,200        1,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific Whiting f.................                                (f)                                        (f)  134,773-404
                                                                                                                         ,318
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish g                                                                                          ...........
    N of 36[deg] N. lat...........                                                                   ...........        5,824
-----------------------------------                                                                              ---------------------------------------
    S of 36[deg] N. lat...........                               9,217                                     9,217        1,258
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cabezon h
 
    S of 42[deg] N. lat...........             (d)
                                               86                      25          111           79
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLATFISH:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Dover sole....................                               28,582                                   28,582       16,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
    English sole j................                               9,745                                     9,745        9,745
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Petrale sole k................            1,514
                                                    1,237                        2,751        2,393
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Arrowtooth flounder l.........                               10,112                                   10,112       10,112
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Starry Flounder m.............                               1,578                                     1,578        1,077
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Other flatfish n..............                               6,731                                     6,731        4,884
--------------------------------------------------------------------------------------------------------------------------------------------------------
ROCKFISH:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Pacific Ocean Perch o.........                  1,173
                                                                    1,173          200          198
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shortbelly p..................                               6,950                                     6,950        6,950
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Widow q.......................                               6,937                                     6,937          509        447.4           7.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Canary r......................                                940                                        940          105         42.3          43.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Chilipepper s.................                   (d)
                                              2,576                 2,576        2,447        2,447
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Bocaccio t....................                   (d)
                                               793                    793          288        206.4         67.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Splitnose u...................                   (d)
                                               615                    615          461
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Yellowtail v..................                  4,562
                                               (d)                  4,562        4,562
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shortspine thornyhead w                                                                          ...........
        N of 34[deg]27[min] N. lat                                                                   ...........        1,591        1,591
-----------------------------------                                                                              ---------------------------------------
        S of 34[deg]27[min] N. lat                               2,411                                     2,411          410
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Longspine thornyhead x                                                                           ...........
        N of 34[deg]27[min] N. lat                                                                   ...........        2,175
-----------------------------------                                                                              ---------------------------------------
        S of 34[deg]27[min] N. lat                               3,671                                     3,671          385
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Cowcod y......................                   (d)
                                               14                      14            4
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Darkblotched z................                                440                                        440          291       288.05
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Yelloweye aa..................                                                                            32           17          3.1           8.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    California Scorpionfish bb....                                                              155          155          155
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Black cc
 
        N of 46[deg]16[min] N. lat             464
                                                                                   464          464
--------------------------------------------------------------------------------------------------------------------------------------------------------
        S of 46[deg]16[min] N. lat
                                                    1,317                        1,317        1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 80562]]

 
    Minor Rockfish dd
 
        N of 40[deg]10[min] N. lat                  3,678
                                                                    3,678        2,283
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Minor Rockfish ee
 
        S of 40[deg]10[min] N. lat
                                              3,384                 3,384        1,990
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Remaining.....................                  1,640
                                              1,318
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Bank ff...................                   (d)
                                               350
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Blackgill gg..............                   (d)
                                               292
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Blue......................                    28
                                               213
        Bocaccio north............                   318
 
        Chilipepper north.........                    32
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Redstripe.................                   576
                                               (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Sharpchin.................                   307
                                               45
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Silvergrey................                    38
                                               (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Splitnose north...........                   242
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Yellowmouth...............                    99
                                               (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Yellowtail................
                                               116
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Gopher....................                   (d)
                                               302
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Other rockfish hh.............                  2,038
                                              2,066
--------------------------------------------------------------------------------------------------------------------------------------------------------
SHARKS/SKATES/RATFISH/MORIDS/GRENADIERS/KELP GREENLING:
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Longnose Skate ii.............                               3,269                                     3,269        1,349
    Other fish jj.................                               11,200                                   11,200        5,600
--------------------------------------------------------------------------------------------------------------------------------------------------------


                            Table 2b. to Part 660, Subpart G--2008, Harvest Guidelines for Minor Rockfish by Depth Sub-groups
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Limited entry HG           Open access HG
                    Species                      Total catch  Total catch  Recreational   Commercial ---------------------------------------------------
                                                     ABC           OY           HG            HG           Mt           %            Mt           %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minor Rockfish \dd\
    N of 40[deg]10' N. lat.....................        3,678        2,283                                                 91.7                       8.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Nearshore..................................                       155
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shelf......................................                       968
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Slope......................................                     1,160
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minor Rockfish \ee\
    S of 40[deg]10' N. lat.....................        3,382        1,990                                                 55.7                      44.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Nearshore..................................                       650
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Shelf......................................                       714
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Slope......................................                       626
--------------------------------------------------------------------------------------------------------------------------------------------------------


                      Table 2c. to Part 660, Subpart G--2008, Open Access and Limited Entry Allocations by Species or Species Group
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Commercial total catch HGs
                                                                             ---------------------------------------------------------------------------
                         Species                            Commercial total              Limited entry                          Open access
                                                               catch HGs     ---------------------------------------------------------------------------
                                                                                      Mt                 %                  Mt                 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lingcod:

[[Page 80563]]

 
    N of 42[deg] N. lat..................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
    S of 42[deg] N. lat..................................                                                     81.0                                  19.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish \kk\
    N of 36[deg] N. lat..................................              5,824              5,276               90.6                548                9.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Widow \ll\...............................................                                                     97.0                                   3.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Canary \ll\..............................................               42.3                                  87.7                                  12.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chilipepper..............................................              2,447              1,363               55.7              1,084               44.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bocaccio \ll\............................................              206.4                                  55.7                                  44.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowtail...............................................                                                     91.7                                   8.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortspine thornyhead
    N of 34[deg]27' N. lat...............................              1,591              1,586               99.7                  5               0.27
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minor Rockfish:
    N of 40[deg]10' N. lat...............................                                                     91.7                                   8.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    S of 40[deg]10' N. lat...............................                                                     55.7                                  44.3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are 
specified as total catch values. A harvest guideline is a specified 
harvest target and not a quota. The use of this term may differ from 
the use of similar terms in state regulation.
    \c\ Lingcod--A coastwide lingcod stock assessment was prepared 
in 2005. The lingcod biomass was estimated to be at 64 percent of 
its unfished biomass coastwide in 2005. The ABC of 5,278 mt was 
calculated using an FMSY proxy of F45%. 
Because the stock is above B40% coastwide, the coastwide 
OY was set equal to the ABC. The tribal harvest guideline is 250 mt.
    \d\ ``Other species''--these species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia 
area is based on historical landings data. The 1,600 mt OY is the 
ABC reduced by 50 percent as a precautionary adjustment. A tribal 
harvest guideline of 400 mt is deducted from the OY resulting in a 
commercial OY of 1,200 mt.
    \f\ Pacific whiting--Pacific whiting--The most recent stock 
assessment was prepared in February 2008. The stock assessment base 
model estimated the Pacific whiting biomass to be at 42.6 percent 
(50th percentile estimate of depletion) of its unfished biomass in 
2008. Final adoption of the Pacific whiting ABC and OY have been 
deferred until the Council's March 2009 meeting. Therefore, table 1a 
does not contain an ABC value, but does contain the OY range 
considered in the DEIS. It is anticipated that a new assessment will 
be available in early 2010 and the results will be used to set the 
2010 ABC and OY. The final ABC and OY will be published as a 
separate action following the Council's recommendation at its March 
2010 meeting.
    \g\ Sablefish--A coastwide sablefish stock assessment was 
prepared in 2007. The coastwide sablefish biomass was estimated to 
be at 38.3 percent of its unfished biomass in 2007. The coastwide 
ABC of 9,914 mt was based on the new stock assessment with a 
FMSY proxy of F45%. The 40-10 harvest policy 
was applied to the ABC then apportioned between the northern and 
southern areas with 72 percent going to the area north of 36[deg] N. 
lat. and 28 percent going to the area south of 36[deg] N. lat. The 
OY for the area north of 36[deg] N. lat. is 6,471 mt. When 
establishing the OY for the area south of 36[deg] N. lat. a 50 
percent reduction was made resulting in a Conception area OY of 
1,258 mt. The OY for the area north of 36[deg] N. lat. is 5,824 mt. 
The Coastwide OY of 7,729 mt is the sum of the northern and southern 
area OYs. The tribal allocation for the area north of 36[deg] N. 
lat. is 647 mt (10 percent of the OY north of 36[deg] N. lat.), 
which is further reduced by 1.6 percent (10 mt) to account for 
discard mortality. The tribal landed catch value is 637 mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished 
biomass north of 34[deg] 27' N. lat. and 28 percent of its unfished 
biomass south of 34[deg] 27' N. lat. in 2005. The ABC of 106 mt is 
based on the 2005 stock assessment with a harvest rate proxy of 
F45%. The OY of 79 mt is consistent with the application 
of a 60-20 harvest rate policy specified in the California Nearshore 
Management Plan.
    \i\ Dover sole north of 34[deg] 27' N. lat. was assessed in 
2005. The Dover sole biomass was estimated to be at 59.8 percent of 
its unfished biomass in 2005 and was projected to be increasing. The 
ABC of 29,453 mt is based on the results of the 2005 assessment with 
an FMSY proxy of F40%. Because the stock is 
above B40% coastwide, the OY could be set equal to the 
ABC. The OY of 16,500 mt is less than the ABC. The OY is set at the 
MSY harvest level which is considerably larger than the coastwide 
catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 
2005 and updated in 2007. The stock was estimated to be at 116 
percent of its unfished biomass in 2007. The stock biomass is 
believed to be declining. The ABC of 9,745 mt is based on the 
results of the 2007 assessment update with an FMSY proxy 
of F40%. Because the stock is above B40%, the 
OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 
2005 the petrale sole stock was estimated to be at 32 percent of its 
unfished biomass coastwide (34 percent in the northern assessment 
area and 29 percent in the southern assessment area). The ABC of 
2,751 mt is based on the 2005 assessment with a F40% 
FMSY proxy. To derive the OY, the 40-10 harvest policy 
was applied to the ABC for both the northern and southern assessment 
areas. As a precautionary measure, an additional 25 percent 
reduction was made in the OY contribution for the southern area due 
to assessment uncertainty. The coastwide OY is 2,393 mt in 2010.

[[Page 80564]]

    \l\ Arrowtooth flounder was assessed in 2007 and was estimated 
to be at 79 percent of its unfished biomass in 2007. Because the 
stock is above B40%, the OY is set equal to 
the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and 
was estimated to be above 40 percent of its unfished biomass in 
2005. However, the stock was projected to decline below 40 percent 
in both the northern and southern areas after 2008. For 2010, the 
coastwide ABC of 1,578 mt is based on the 2005 assessment with a 
FMSY proxy of F40%. To derive the 
OY of 1,077 mt, the 40-10 harvest policy was applied to the ABC for 
both the northern and southern assessment areas then an additional 
25 percent reduction was made due to assessment uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not 
have individual ABC/OYs and include butter sole, curlfin sole, 
flathead sole, Pacific sand dab, rex sole, rock sole, and sand sole. 
The other flatfish ABC is based on historical catch levels. The ABC 
of 6,731 mt is based on the highest landings for sanddabs (1995) and 
rex sole (1982) for the 1981-2003 period and on the average landings 
from the 1994-1998 period for the remaining other flatfish species. 
The OY of 4,884 mt is based on the ABC with a 25 percent 
precautionary adjustment for sanddabs and rex sole and a 50 percent 
precautionary adjustment for the remaining species.
    \o\ A POP stock assessment was prepared in 2005 and was updated 
in 2007. The stock assessment update estimated the stock to be at 
27.5 percent of its unfished biomass in 2007. The ABC of 1,160 mt 
for the Vancouver and Columbia areas is based on the 2007 stock 
assessment update with an FMSY proxy of 
F50%. The OY of 200 mt is based on a 
rebuilding plan with a target year to rebuild of 2017 and an SPR 
harvest rate of 86.4 percent. The OY is reduced by 2.0 mt for the 
amount anticipated to be taken during research activity and 0.14 mt 
for the amount expected to be taken during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 
2007. The results of the assessment indicated the shortbelly stock 
was healthy with an estimated spawning stock biomass at 67 percent 
of its unfished biomass in 2005. The ABC and OY are being set at 
6,950 mt which is 50 percent of the 2008 ABC and OY values. The 
stock is expected to remain at its current equilibrium with these 
harvest specifications.
    \q\ Widow rockfish was assessed in 2005 and an update was 
prepared in 2007. The stock assessment update estimated the stock to 
be at 36.2 percent of its unfished biomass in 2006. The ABC of 6,937 
mt is based on the stock assessment update with an 
F50% FMSY proxy. The OY of 509 is 
based on a rebuilding plan with a target year to rebuild of 2015 and 
an SPR harvest rate or 95 percent. To derive the commercial harvest 
guideline of 447.4 mt the OY is reduced by 1.1 mt for the amount 
anticipated to be taken during research activity, 45.5 mt for the 
tribal set-aside, 7.2 mt the amount estimated to be taken in the 
recreational fisheries, 0.4 mt for the amount expected to be taken 
incidentally in non-groundfish fisheries, and 7.4 mt for EFP fishing 
activities. The following sector specific bycatch limits will be 
established for the Pacific whiting fishery: 153.0 mt for catcher/
processors, 108.0 mt for motherships, and 189.0 mt for shore-based.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent 
of its unfished biomass coastwide in 2007. The coastwide ABC of 940 
mt is based on a FMSY proxy of 
F50%. The OY of 105 mt is based on a 
rebuilding plan with a target year to rebuild of 2021 and a SPR 
harvest rate of 88.7 percent. To derive the commercial harvest 
guideline of 42.3 mt, the OY is reduced by 8.0 mt for the amount 
anticipated to be taken during research activity, 7.3 mt the tribal 
set-aside, 43.8 mt the amount estimated to be taken in the 
recreational fisheries, 0.9 mt for the amount expected to be taken 
incidentally in non-groundfish fisheries, and 2.7 mt for the amount 
expected to be taken during EFP fishing. The following harvest 
guidelines are being specified for catch sharing in 2009: 19.7 mt 
for limited entry Non-Whiting Trawl, 18.0 mt for limited entry 
Whiting Trawl, 2.2 mt for limited entry fixed gear, 2.5 mt for 
directed open access, 4.9 mt for Washington recreational, 16.0 mt 
for Oregon recreational, and 22.9 mt for California recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 
2007. The ABC of 2,576 mt is based on the new assessment with an 
FMSY proxy of F50%. Because the 
unfished biomass is estimated to be above 40 percent the unfished 
biomass, the default OY could be set equal to the ABC. However, the 
OY of 2,447 mt was the ABC reduced by 5 percent as a precautionary 
measure. Open access is allocated 44.3 percent (1,084 mt) of the 
commercial HG and limited entry is allocated 55.7 percent (1,363 mt) 
of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 
percent of its unfished biomass in 2007. The ABC of 793 mt for the 
Monterey-Conception area is based on the new stock assessment with 
an FMSY proxy of F50%. The OY of 
288 is based on a rebuilding plan with a target year to rebuild of 
2026 and a SPR harvest rate of 77.7 percent. To derive the 
commercial harvest guideline of 206.4 mt, the OY is reduced by 2.0 
mt for the amount anticipated to be taken during research activity, 
67.3 mt for the amount estimated to be taken in the recreational 
fisheries, 1.3 mt for the amount expected to be taken incidentally 
in non-groundfish fisheries, and 11.0 mt for the amount expected to 
be taken during EFP fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent 
precautionary adjustment because of the less rigorous stock 
assessment for this stock. In the north (Vancouver, Columbia and 
Eureka areas), splitnose is included within the minor slope rockfish 
OY. Because the harvest assumptions used to forecast future harvest 
were likely overestimates, carrying the previously used ABCs and OYs 
forward into 2010 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment 
was prepared in 2005 for the Vancouver, Columbia, Eureka areas. 
Yellowtail rockfish was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005 
stock assessment with the FMSY proxy of 
F50%. The OY of 4,562 mt was set equal to the 
ABC, because the stock is above the precautionary threshold of 
B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The 
ABC of 2,411 mt is based on a F50% 
FMSY proxy. For that portion of the stock (66 percent of 
the biomass) north of Point Conception (34[deg]27' N. lat.), the OY 
of 1,591 mt was set at equal to the ABC because the stock is 
estimated to be above the precautionary threshold. For that portion 
of the stock south of 34[deg]27' N. lat. (34 percent of the 
biomass), the OY of 410 mt was the portion of the ABC for the area 
reduced by 50 percent as a precautionary adjustment due to the short 
duration and amount of survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 
2005. The coastwide ABC of 3,671 mt is based on a 
F50% FMSY proxy. The OY is set 
equal to the ABC because the stock is above the precautionary 
threshold. Separate OYs are being established for the areas north 
and south of 34[deg]27' N. lat. (Point Conception). The OY of 2,175 
mt for that portion of the stock in the northern area (79 percent) 
was the ABC reduced by 25 percent as a precautionary adjustment. For 
that portion of the stock in the southern area (21 percent), the OY 
of 385 mt was the portion of the ABC for the area reduced by 50 
percent as a precautionary adjustment due to the short duration and 
amount of survey data for that area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the 
stock was estimated to be between 3.4 to 16.3 percent of its 
unfished biomass. The ABC for the Monterey and Conception areas is 
14 mt and is based on the 2007 rebuilding analysis in which the 
Conception area stock assessment projection was doubled to account 
for both areas. A single OY of 4 mt is being set for both areas. The 
OY of 4 mt is based on a rebuilding plan with a target year to 
rebuild of 2072 and an SPR rate of 82.1 percent. The amount 
anticipated to be taken during research activity is 0.2 mt and the 
amount expected to be taken during EFP activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock 
to be at 22.4 percent of its unfished biomass in 2007. The ABC is 
projected to be 440 mt and is based on the 2007 stock assessment 
with an FMSY proxy of F50%. The OY of 291 mt 
is based on a rebuilding plan with a target year to rebuild of 2028 
and an SPR harvest rate of 62.1 percent. The commercial OY of 288.05 
is the OY reduced by 2.0 mt for the amount anticipated to be taken 
during research activity and 0.95 mt for

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the amount projected to be taken during EFP activity.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an 
assessment update was completed in 2007. The 2007 stock assessment 
update estimated the spawning stock biomass in 2006 to be at 14 
percent of its unfished biomass coastwide. The 31 mt coastwide ABC 
was derived from the base model in the new stock assessment with an 
FMSY proxy of F50%. The 17 mt OY is based on a 
rebuilding plan with a target year to rebuild of 2084 and an SPR 
harvest rate of 66.3 percent in 2009 and 2010 and an SPR harvest 
rate of 71.9 percent for 2011 and beyond. The OY is reduced by 2.8 
mt for the amount anticipated to be taken during research activity, 
2.3 mt the amount estimated to be taken in the tribal fisheries and 
0.3 mt for the amount expected to be taken incidentally in non-
groundfish fisheries. The catch sharing harvest guidelines for 
yelloweye rockfish in 2009 and 2010 are: Limited entry non whiting 
trawl 0.6 mt, limited entry whiting 0.0 mt, limited entry fixed gear 
1.4 mt, directed open access 1.1 mt, Washington recreational 2.7 mt, 
Oregon recreational 2.4 mt, California recreational 2.7 mt, and 0.3 
mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27' N. lat. (point 
Conception) was assessed in 2005 and was estimated to be above 40 
percent of its unfished biomass in 2005. The ABC of 155 mt is based 
on the new assessment with a harvest rate proxy of F50%. 
Because the stock is above B40% coastwide, the OY is set 
equal to the ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg] 56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish 
north of Cape Falcon. The ABC for the area north of 46[deg] 16' N. 
lat. (Washington) is 464 mt (97 percent) of the 478 mt ABC 
contribution from the northern assessment area. The ABC for the area 
south of 46[deg] 16' N. lat. (Oregon and California) is 1,317 mt 
which is the sum of a contribution of 14 mt (3 percent) from the 
northern area assessment, and 1,303 mt from the southern area 
assessment. The ABCs were derived using an FMSY proxy of 
F50%. Because both portions of the stock are above 40 
percent, the OYs could be set equal to the ABCs. For the area north 
of 46[deg]16' N. lat., the OY of 490 mt is set equal to the ABC. The 
following tribal harvest guidelines are being set: 20,000 lb (9.1 
mt) north of Cape Alava, WA (48[deg]09.50' N. lat.) and 10,000 lb 
(4.5 mt) between Destruction Island, WA (47[deg]40' N. lat.) and 
Leadbetter Point, WA (46[deg]38.17' N. lat.) For the area south of 
46[deg]16' N. lat., the OY of 1,000 mt is a constant harvest level. 
The black rockfish OY in the area south of 46[deg]16' N. lat., is 
subdivided with separate HGs being set for the area north of 42[deg] 
N. lat. (580 mt/58 percent) and for the area south of 42[deg] N. 
lat. (420 mt/42 percent).
    \dd\ Minor rockfish north includes the ``remaining rockfish'' 
and ``other rockfish'' categories in the Vancouver, Columbia, and 
Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', 
which includes species that do not have quantifiable stock 
assessments. Blue rockfish has been removed from the ``other 
rockfish'' and added to the remaining rockfish. The ABC of 3,678 mt 
is the sum of the individual ``remaining rockfish'' ABCs plus the 
``other rockfish'' ABCs. The remaining rockfish ABCs continue to be 
reduced by 25 percent (F = 0.75M) as a precautionary adjustment. To 
obtain the total catch OY of 2,283 mt, the remaining rockfish ABCs 
were further reduced by 25 percent and other rockfish ABCs were 
reduced by 50 percent. This was a precautionary measure to address 
limited stock assessment information.
    \ee\ Minor rockfish south includes the ``remaining rockfish'' 
and ``other rockfish'' categories in the Monterey and Conception 
areas combined. These species include ``remaining rockfish'' which 
generally includes species that have been assessed by less rigorous 
methods than stock assessment, and ``other rockfish'' which includes 
species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to 
the remaining rockfish. The ABC of 3,382 mt is the sum of the 
individual ``remaining rockfish'' ABCs plus the ``other rockfish'' 
ABCs. The remaining rockfish ABCs continue to be reduced by 25 
percent (F = 0.75M) as a precautionary adjustment. The remaining 
rockfish ABCs are further reduced by 25 percent, with the exception 
of blackgill rockfish (see footnote gg). The other rockfish ABCs 
were reduced by 50 percent. This was a precautionary measure due to 
limited stock assessment information. The resulting minor rockfish 
OY is 1,990 mt.
    \ff\ Bank rockfish--The ABC is 350 mt which is based on a 2000 
stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    \gg\ Blackgill rockfish in the Monterey and Conception areas was 
assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an 
FMSY proxy of F50% and is the two year average 
ABC for the 2007 and 2008 periods. This stock contributes 292 mt 
towards minor rockfish south.
    \hh\ ``Other rockfish'' includes rockfish species listed in 50 
CFR 660.302. A new stock assessment was conducted for blue rockfish 
in 2007. As a result of the new stock assessment, the blue rockfish 
contribution to the other rockfish group is of 232 mt in the north 
and 30 mt in the south are removed. A new contribution of 28 mt 
contribution in the north and 202 mt contribution in the south is 
added to the remaining rockfish. The ABC for the remaining species 
is based on historical data from a 1996 review landings and includes 
an estimate of recreational landings. Most of these species have 
never been assessed quantitatively.
    \ii\ Longnose skate was fully assessed in 2006 and an assessment 
update was completed in 2007. The ABC of 3,428 is based on the 2007 
with an FMSY proxy of F45%. Longnose skate was 
previously managed as part of the Other Fish complex. The 2009 OY of 
1,349 mt is a precautionary OY based on historical total catch 
increased by 50 percent.
    \jj\ ``Other fish'' includes sharks, skates, rays, ratfish, 
morids, grenadiers, kelp greenling, and other groundfish species 
noted above in footnote d. The longnose skate contribution is being 
removed from this complex.
    \kk\ Sablefish allocation north of 36[deg] N. lat.--The limited 
entry allocation is further divided with 58 percent allocated to the 
trawl fishery and 42 percent allocated to the fixed-gear fishery.
    \ll\ Specific open access/limited entry allocations specified in 
the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing 
harvest of healthy stocks.
BILLING CODE 3510-2-P

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[FR Doc. E8-30778 Filed 12-30-08; 8:45 am]
BILLING CODE 3510-22-C