[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 19011-19020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9564]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0809121213-9221-02]
RIN 0648-AX84


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

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

ACTION:  Final rule; inseason adjustments to biennial groundfish 
management measures; request for comments.

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SUMMARY:  This final rule announces inseason changes to management 
measures in the commercial Pacific Coast groundfish fisheries. These 
actions, which are authorized by the Pacific Coast Groundfish Fishery 
Management Plan (FMP), are intended to allow fisheries to access more 
abundant groundfish stocks while protecting overfished and depleted 
stocks. The rule also implements changes to the incidental retention 
allowance for halibut in the primary sablefish fishery under the 
authority of the Northern Pacific Halibut Act.

DATES:  Effective 0001 hours (local time) May 1, 2009. Comments on this 
final rule must be received no later than 5 p.m., local time on May 27, 
2009.

ADDRESSES:  You may submit comments, identified by RIN 0648-AX84 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: Barry Thom, Acting 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 (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region, 
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Website at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's website at http://www.pcouncil.org/.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at title 50 in the Code of Federal Regulations (CFR), part 660, subpart 
G, regulate fishing for over 90 species of groundfish off the coasts of 
Washington, Oregon, and California. Groundfish specifications and 
management measures are developed by the Pacific Fishery Management 
Council (Council), and are implemented by NMFS. A proposed rule to 
implement the 2009-2010 groundfish harvest specifications and 
management measures published on December 31, 2008, (73 FR 80516). The 
final rule to implement the 2009-2010 specifications and management 
measures for the Pacific Coast Groundfish Fishery was published on 
March 6, 2009 (74 FR 9874). These specifications and management 
measures are codified in the CFR (50 CFR part 660, subpart G).
    Changes to current groundfish management measures implemented by 
this action were recommended by the Council, in consultation with 
Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California, at its April 4-9, 2009, meeting in Millbrae, 
California. The Council recommended adjustments to current groundfish 
management measures to respond to updated fishery information and other 
inseason management needs. This action is not expected to result in 
greater impacts to overfished species than originally projected through 
the end of 2009. Estimated mortality of overfished and target species 
are the result of management measures designed to meet the Pacific 
Coast Groundfish FMP objective of achieving, to the extent possible, 
but not exceeding, OYs of target species, while fostering the 
rebuilding of overfished stocks by remaining within their rebuilding 
OYs.

Limited Entry Fixed Gear Fishery Management Measures

Sablefish Daily Trip Limit Fishery

    Over the past several years, the amount of sablefish harvested in 
the limited entry fixed gear sablefish daily trip limit (DTL) fishery 
North of 36[deg] N. lat. has been lower than their sablefish 
allocation. In 2006, 106 mt of the 356 mt allocation was harvested. In 
2007 and 2008, 116 mt and 150 mt, respectively, of the 2007 and 2008 
allocations of 276 mt were taken. Over the 2006 to 2008

[[Page 19012]]

time period, a maximum of 54 percent of the limited entry fixed gear 
sablefish allocation for the area North of 36[deg] N. lat. was taken. 
To provide additional harvest opportunities for this healthy stock, the 
Council considered increases to trip limits for sablefish in this 
fishery and the potential impacts on overall catch levels and 
overfished species. Trip limits in this fishery have been fairly stable 
over time; therefore some uncertainty surrounds how changes in trip 
limits will affect effort and landings. In response to this 
uncertainty, the Council considered a precautionary adjustment that 
would moderately raise the daily, weekly and bi-monthly trip limits. 
Also, the Council considered that the overall number of participants is 
restricted to vessels registered to a limited entry permit with the 
necessary gear and species endorsements. The effects of a small 
increase in trip limits in this fishery can be monitored, and any 
additional adjustments can be made to approach, but not exceed, the 
sablefish allocation for the limited entry fixed gear sablefish DTL 
fishery. This increase in trip limits is not anticipated to increase 
projected impacts to overfished species, because projected impacts to 
overfished species are calculated assuming that the entire sablefish 
allocation is harvested.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the limited entry fixed gear fishery North of 36[deg] 
N. lat. that increase sablefish DTL fishery limits from ``300 lb (136 
kg) per day, or 1 landing per week of up to 1,000 lb (454 kg), not to 
exceed 5,000 lb (2,268 kg) per 2 months'' to ``500 lb (227 kg) per day, 
or 1 landing per week of up to 1,500 lb (680 kg), not to exceed 5,500 
lb (2,495 kg) per 2 months'' beginning in period 3, on May 1.

Incidental Halibut Retention

    The International Pacific Halibut Commission (IPHC) establishes 
total allowable catch (TAC) amounts for Pacific halibut each year in 
January. Under the authority of the Northern Pacific Halibut Act, and 
implementing regulations at 50 CFR 300.63, a catch sharing plan, 
developed by the Pacific Council and implemented by the Secretary, 
allocates portions of the annual TAC among fisheries off Washington, 
Oregon, and California. The catch sharing plan for Pacific halibut 
fisheries in Area 2A (waters off the U.S. West coast) allows an 
incidental total catch limit for halibut for the 2009 limited entry 
fixed gear sablefish primary season (i.e. tier limit fishery) of 11,895 
lb (5.4 mt). This total catch limit of 11,895 lb in 2009 is much lower 
than what has been available to the sablefish primary season fishery in 
recent years, which has been a total catch limit of 70,000 lb. The 
allocation is lower in 2009 due to an approximately 22 percent decrease 
in the Pacific halibut TAC when compared to the 2008 TAC. The current 
halibut catch ratio of 100 lb (45 kg) halibut per 1,000 lb (454 kg) of 
sablefish was implemented on May 4, 2005 (70 FR 23040) and has remained 
relatively unchanged since that time, because the incidental halibut 
catch limit has remained fairly constant since that time. The retention 
limits for halibut were not revised as part of the 2009-2010 harvest 
specifications and management measures because the Total Allowable 
Catch of halibut for 2009 was not determined until the IPHC meeting in 
January, 2009. Due to the decrease in the Pacific halibut TAC, and the 
resulting decrease in the amount of Pacific halibut available to the 
primary sablefish fishery as incidental take, the Council considered 
options to revise the catch ratio established in the groundfish 
regulations at 50 CFR 660.372 at their first opportunity, the March 
2009 meeting. These options were developed to reduce incidental impacts 
to Pacific halibut in the sablefish fishery, and stay below the lower 
2009 Pacific halibut allocation. After the opportunity for public 
review and comment, the Council, at their April meeting, made their 
final recommendation for adjusting the incidental retention limits for 
Pacific halibut in the sablefish primary season fishery in order to 
reduce incidental take and keep mortality of halibut below the lower 
2009 catch limit of 11,895 lb.
    In order to reduce incidental halibut catch in this fishery, the 
Council recommended modifying the incidental halibut retention 
regulations at 50 CFR 660.372 (b)(3)(iv) from ``100 lb (45 kg) dressed 
weight, head-on of halibut per 1,000 lb (454 kg) dressed weight of 
sablefish, plus up to two additional halibut per fishing trip in excess 
of this ratio'' to ``100 lb (45 kg) dressed weight, head-on of halibut 
per fishing trip.''
    In addition, at the recommendation of their enforcement 
consultants, and in order to improve the enforceability of the 
regulations, the Council recommended modifying the regulation to cover 
both possession and landing of halibut, not just the landing of 
halibut.

Open Access Fishery Management Measures

    During the development of the 2009-2010 harvest specifications and 
management measures, the sablefish OY increased from 2008 to 2009, and 
consequently the allocation to the open access sablefish fishery North 
of 36[deg] N. lat. also increased. No increases were made to trip 
limits in this fishery during the 2009-2010 harvest specifications and 
management measures as a precautionary approach due to uncertainty in 
how the poor 2008 salmon season would affect effort and catches of 
sablefish in this fishery through the end of 2008. The most recent 
catch information from 2008 fisheries indicates that 488 mt of the 2008 
sablefish allocation North of 36[deg] N. lat., 492 mt, was harvested. 
The cumulative limits in this fishery that are currently in place are 
the same as those that resulted in this 488 mt of harvest in 2008. 
However, the 2009 allocation was raised to 538 mt during the 2009-2010 
harvest specifications and management measures process. As a result of 
the 2009 salmon regulations recommended by the Council at their April 
meeting, the 2009 salmon fishery is likely to be similar in scope and 
magnitude to the 2008 fishery, which should result in a similar amount 
of effort shift into the sablefish fishery; therefore, continuing the 
trip limits that were in place in 2008 could potentially leave 50 mt of 
the increased sablefish allocation unharvested in 2009. To provide 
additional harvest opportunities for this healthy stock, the Council 
considered increases to trip limits for sablefish in this fishery and 
the potential impacts on overall sablefish and overfished species catch 
levels. Therefore the Council considered modest increases to the bi-
monthly limits for sablefish in the open access fishery in order to 
approach, but not exceed, the 2009 sablefish OY. Effort shifts as a 
result of changes to the bi-monthly limits are generally smaller in 
magnitude than effort shifts observed in response to changes in daily 
or weekly trip limits in the open access fishery. This modest increase 
in trip limits is not anticipated to increase projected impacts to 
overfished species, because projected impacts to overfished species is 
calculated assuming that the entire sablefish allocation is harvested.
    Therefore, the Council recommended and NMFS is implementing a 
monthly cumulative limit increase for the open access fishery North of 
36 N. lat. that changes sablefish limits from ``300 lb (136 kg) per 
day, or 1 landing per week of up to 800 lb (363 kg), not to exceed 
2,200 lb (998 kg) per 2 months'' to ``300 lb (136 kg) per day, or 1 
landing per week of up to 800 lb (363 kg), not to exceed 2,400 lb 
(1,089 kg) per 2 months'' beginning in period 3, on May 1.

[[Page 19013]]

Classification

    These actions are taken under the authority of 50 CFR 660.370(c) 
and 50 CFR 300.63(b)(3) and are exempt from review under Executive 
Order 12866.
    These increases in sablefish limits are taken under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), and are in accordance with 50 CFR part 660, the 
regulations implementing the FMP. The adjustment to the halibut 
incidental catch limit is taken under the authority of the Northern 
Pacific Halibut Act and implementing regulations, and is consistent 
with the approved catch sharing plan. These actions are based on the 
most recent data available. The aggregate data upon which these actions 
are based are available for public inspection at the Office of the 
Administrator, Northwest Region, NMFS, (see ADDRESSES) during business 
hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b) because notice and comment would be 
impracticable and contrary to the public interest. Also, for the same 
reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective May 1, 2009.
    The recently available data upon which these recommendations were 
based was provided to the Council, and the Council made its 
recommendations, at its April 4-9, 2009, meeting in Millbrae, 
California. The Council recommended that these changes be implemented 
on or as close as possible to May 1, 2009. There was not sufficient 
time after that meeting to draft this document and undergo proposed and 
final rulemaking before these actions need to be in effect. For the 
actions to be implemented in this final rule, affording the time 
necessary for prior notice and opportunity for public comment would 
prevent the Agency from managing fisheries using the best available 
science to approach without exceeding the OYs for federally managed 
species in accordance with the FMP and applicable laws. The adjustments 
to management measures in this document affect commercial fisheries off 
Washington, Oregon, and California. These adjustments to management 
measures must be implemented in a timely manner, by May 1, 2009, to: 
allow fishermen an opportunity to harvest higher limits in 2009 for 
sablefish, and reduce incidental catch of halibut to keep impacts below 
the 2009 halibut Area 2A allocation.
    Increases to the sablefish cumulative limits in the limited entry 
fixed gear fishery and the open access fishery relieve a restriction by 
allowing fishermen increased opportunities to harvest available healthy 
stocks while staying within the OYs for these species. These changes 
must be implemented in a timely manner by May 1, 2009, so that 
fishermen are allowed increased opportunities to harvest available 
healthy stocks and meet the objective of the Pacific Coast Groundfish 
FMP to allow fisheries to approach, but not exceed, OYs. It would be 
contrary to the public interest to wait to implement these changes 
until after public notice and comment, because making this regulatory 
change by May 1 allows additional harvest in fisheries that are 
important to coastal communities.
    Changes to the incidental halibut retention regulations to decrease 
the retention limit for the limited entry sablefish primary fishery are 
necessary to reduce halibut impacts in area 2A, keeping total mortality 
of halibut below the 2009 area 2A allocation. These changes must be 
implemented in a timely manner by May 1, 2009, to prevent impacts to 
halibut to exceed the 2009 allocation, and to prevent early closure of 
the incidental halibut fishery. It would be contrary to the public 
interest to wait to implement these changes until after public notice 
and comment, because a delay in reducing retention limits could cause 
halibut to be unavailable for harvest for as long as possible 
throughout the primary sablefish season, which runs through October 31.
    Allowing the current management measures to remain in place could 
jeopardize managers' ability to provide for year-round harvest 
opportunities for healthy stocks. Delaying these changes would keep 
management measures in place that are not based on the best available 
data which could deny fishermen access to available harvest. Such delay 
would impair achievement of the Pacific Coast Groundfish FMP objectives 
of providing for year-round harvest opportunities, extending fishing 
opportunities as long as practicable during the fishing year, or 
staying within OYs or allocations for Pacific halibut.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 is amended to read as follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.

0
2. In Sec.  660.372, paragraph (b)(3)(iv) is revised to read as 
follows:


Sec.  660.372  Fixed gear sablefish fishery management.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg] 53.30' N. lat.). From May 1 through October 31, vessels 
authorized to participate in the primary sablefish fishery, licensed by 
the International Pacific Halibut Commission for commercial fishing in 
Area 2A (waters off Washington, Oregon, California), and fishing with 
longline gear north of Pt. Chehalis, WA (46[deg] 53.30' N. lat.) may 
possess and land up to the following cumulative limits: 100 lb (45 kg) 
dressed weight, head-on of halibut per fishing trip. ``Dressed'' 
halibut in this area means halibut landed eviscerated with their heads 
on. Halibut taken and retained in the primary sablefish fishery north 
of Pt. Chehalis may only be landed north of Pt. Chehalis and may not be 
possessed or landed south of Pt. Chehalis.
* * * * *

0
3. Tables 4 (North), 4 (South), 5 (North), and 5 (South) to part 660, 
subpart G are revised to read as follows:
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[FR Doc. E9-9564 Filed 4-24-09; 8:45 am]
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