[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Rules and Regulations]
[Pages 61102-61113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-BA28


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

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 makes inseason adjustments to commercial 
fishery management measures for several groundfish species taken in the 
U.S. exclusive economic zone (EEZ) off the coasts of Washington, 
Oregon, and California. 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 and to prevent exceeding 2010 
optimum yields.

DATES: Effective 0001 hours (local time) October 1, 2010. Comments on 
this final rule must be received no later than 5 p.m., local time on 
November 3, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-BA28, 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 Hanshew.
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115-
0070, Attn: Gretchen Hanshew.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. 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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region, 
NMFS), 206-526-6147, fax: 206-526-6736, [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final 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 (the Council or PFMC) Web site at http://www.pcouncil.org/.

Background

    On December 31, 2008, NMFS published a proposed rule to implement 
the 2009-2010 specifications and management measures for the Pacific 
Coast groundfish fishery (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). This 
final rule was subsequently amended by inseason actions on April 27, 
2009 (74 FR 19011), July 6, 2009 (74 FR 31874), October 28, 2009 (74 FR 
55468), February 26, 2010 (75 FR 8820), May 4, 2010 (75 FR 23620), July 
1, 2010 (75 FR 38030), July 16, 2010 (75 FR 41386), and August 23, 2010 
(75 FR 51684). Additional changes to the 2009-2010 specifications and 
management measures for petrale sole were made in two final rules: on 
November 4, 2009 (74 FR 57117), and December 10, 2009 (74 FR 65480). 
NMFS issued a final rule in response to a duly issued court order on 
July 8, 2010 (75 FR 39178). These specifications and management 
measures are at 50 CFR part 660, subpart G.
    Changes to the 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 September 10-16, 2010, meeting in Boise, Idaho. The 
Council recommended adjusting the groundfish management measures to 
respond to updated fishery information and other inseason management 
needs. These changes include increases to bi-monthly cumulative limits 
in the limited entry trawl commercial fisheries off Washington, Oregon, 
and California and reductions to daily trip limits (DTL) for sablefish 
in the limited entry fixed gear and open access commercial fisheries 
south of 36[deg] N. lat. The increases to cumulative limits are 
intended to allow additional harvest opportunities for species for 
which catch estimates through the end of the year are lower than 
anticipated. The changes to sablefish DTL limits are intended to 
prevent higher than anticipated sablefish catches from exceeding the 
2010 sablefish optimum yield (OY).

Limited Entry Non-Whiting Trawl Fishery

    At their September 2010 meeting, the Council received new data and 
analyses on the catch of groundfish in the limited entry trawl fishery.
    Catches of several trawl target species were tracking behind 2010 
projections made at the Council's June 2010 meeting, or were projected 
to be below the 2010 OYs if no adjustments to cumulative limits are 
made. At their September meeting, the Council considered the most 
recently available data from the Pacific Fishery Information Network 
(PacFIN). These data, dated August 18, 2010, indicated the total catch 
projections through the end of the year for sablefish, longspine 
thornyheads, shortspine thornyheads, Dover sole, arrowtooth flounder, 
slope rockfish and other flatfish were lower than anticipated.
    The Council considered modest increases to bi-monthly cumulative 
limits for these species for which the catch is projected to be lower 
than anticipated in order to meet the Pacific Coast Groundfish FMP 
objective of achieving, to the extent possible, but not exceeding, OYs 
of target species. A two-month limit can be raised in the middle of the 
period, therefore, this increase would become effective during the two-
month cumulative limit, on October 1.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing the following changes to cumulative limits in 
the limited entry non-whiting trawl fishery on October 1, 2010 through 
the end of the year: increase the sablefish trip limits taken with 
large and small footrope gear North of 40[deg]10' N. lat. and for all 
trawl gears South of 40[deg]10' N. lat.

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from ``21,000 lb per 2 months'' to ``24,000 lb per 2 months'', and 
taken with selective flatfish trawl gear North of 40[deg]10' N. lat. 
from ``9,000 lb per 2 months'' to ``10,000 lb per 2 months''; increase 
the longspine thornyhead trip limits taken with large and small 
footrope gear from ``24,000 lb per 2 months'' to ``26,000 lb per 2 
months'' coastwide; increase the shortspine thornyhead trip limits 
taken with large and small footrope gear from ``18,000 lb per 2 
months'' to ``20,000 lb per 2 months'' coastwide,; increase the Dover 
sole trip limits taken with large and small footrope gear North of 
40[deg]10' N. lat. and for all trawl gears South of 40[deg]10' N. lat. 
from ``100,000 lb per 2 months'' to ``110,000 lb per 2 months'', and 
taken with selective flatfish trawl gears from ``65,000 lb per 2 
months'' to ``70,000 lb per 2 months'' in the north, beginning on 
October 1 through the end of the year; increase the arrowtooth flounder 
trip limits taken with large and small footrope gear North of 
40[deg]10' N. lat. from ``150,000 lb per 2 months'' to ``180,000 lb per 
2 months'' and taken with selective flatfish trawl gear from ``90,000 
lb per 2 months'' to ``100,000 lb per 2 months''; increase the 
arrowtooth flounder trip limits taken with all trawl gears South of 
40[deg]10' N. lat. from ``10,000 lb per 2 months'' to ``12,000 lb per 2 
months''; increase the other flatfish trip limits taken with large and 
small footrope gear North of 40[deg]10' N. lat. and all trawl gears 
South of 40[deg]10' N. lat. from ``100,000 lb per 2 months'' to 
``110,000 lb per 2 months'', and taken with selective flatfish trawl 
gear in the north from ``60,000 lb per 2 months'' to ``70,000 lb per 2 
months''; increase the slope rockfish trip limits in the north from 
``2,000 lb per 2 months'' to ``4,000 lb per 2 months''. This rule also 
makes changes to the trip limits for vessels that use multiple types of 
bottom trawl gears, simultaneously or successively, during a single 
cumulative limit period. Vessels that use multiple bottom trawl gears 
are subject to the most restrictive limit, and in most cases this is 
the trip limit for vessels using selective flatfish trawl gear. 
Therefore, if trip limits for vessels using selective flatfish trawl 
gear are modified, the trip limits for vessels using multiple trawl 
gears will also be modified accordingly.

Sablefish Daily Trip Limit Fishery South of 36[deg] N. Lat.

    Catch of sablefish in the limited entry fixed gear and open access 
daily trip limit (DTL) fisheries south of 36[deg] N. lat. has been 
higher than anticipated. Based on the most recent fishery information, 
if no action is taken and catch remains higher than expected, landings 
of sablefish through the end of the year would be 1,825 mt. This level 
of catch would exceed the 2010 sablefish OY for the area south of 
36[deg] N. lat. of 1,258 mt by approximately 45 percent. The Council 
considered several combinations of trip limit reductions in the limited 
entry fixed gear and open access sablefish DTL fisheries south of 
36[deg] N. lat. to allow the fisheries to remain open through the 
remainder of 2010, while preventing the 2010 sablefish OY for the area 
south of 36[deg] N. lat. from being exceeded.
    Sablefish landings from March through July 2010 were much higher in 
these fisheries than during that same period in 2009, which had the 
same trip limits and RCA structure. Therefore, it is most likely that 
increased participation, particularly new entrants in the open access 
sector of the non-trawl commercial fishery, has been the primary cause 
of the higher than expected catches. Therefore, the Council considered 
larger restrictions to trip limits in the open access sablefish DTL 
fishery. Modest decreases were also considered for the limited entry 
fixed gear fishery, to further reduce projected impacts and to prevent 
the open access fishery from having to be closed entirely to prevent 
exceeding the 2010 sablefish OY. With these trip limit reductions, 
projected impacts are not anticipated to exceed 2010 sablefish OY for 
the area south of 36[deg] N. lat. of 1,258 mt.
    Projected impacts to overfished species in the limited entry fixed 
gear and open access fisheries are calculated assuming the entire 
sablefish OY is harvested. Therefore, decreases to trip limits to 
prevent exceeding the 2010 sablefish OY do not result in changes to 
anticipated impacts to co-occurring overfished groundfish species.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing a decrease in the limited entry fixed gear 
sablefish DTL fishery cumulative limits south of 36[deg] N. lat. from 
``3,000 lb per week'' to ``2,800 lb per week'' beginning on October 1, 
2010 through the end of the year.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing restrictions to the open access sablefish DTL 
fishery trip limits South of 36[deg] N. lat. from ``400 lb per day, or 
1 landing per week of up to 2,500 lb'' to ``800 lb per week, not to 
exceed 1,600 lb per month'' beginning on October 1, 2010 through the 
end of the year.

Classification

    This rule makes routine inseason adjustments to groundfish fishery 
management measures based on the best available information and is 
taken pursuant to the regulations implementing the Pacific Coast 
Groundfish FMP.
    These actions are taken under the authority of 50 CFR 660.370(c) 
and are exempt from review under Executive Order 12866.
    These inseason adjustments are taken under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and are in accordance with 50 CFR part 660, the 
regulations implementing the FMP. These actions are based on the most 
recent data available. The aggregate data upon which these actions are 
based are available for public inspection at the Office of the 
Administrator, Northwest Region, NMFS, (see ADDRESSES) during business 
hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b)(B) because notice and comment would be 
impracticable and contrary to the public interest. Also, for the same 
reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective as quickly as possible.
    The recently available data upon which these recommendations were 
based was provided to the Council, and the Council made its 
recommendations, at its September 10-16, 2010, meeting in Boise, Idaho. 
The Council recommended that these changes be implemented by October 1, 
2010 or as quickly as possible. 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.
    The adjustments to management measures in the limited entry trawl 
fishery must be implemented in a timely manner to allow fishermen an 
opportunity to achieve the 2010 OYs specified for limited entry trawl 
for sablefish, longspine and shortspine thornyheads, Dover sole, 
arrowtooth flounder, other flatfish, and slope

[[Page 61104]]

rockfish. Increases are necessary to relieve a restriction by allowing 
fishermen increased opportunities to harvest available healthy stocks 
while staying within the OYs for all species. These changes must be 
implemented in a timely manner, as quickly as possible, 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 quickly allows additional harvest in fisheries that are 
important to coastal communities.
    Restrictions to cumulative limits in the limited entry fixed gear 
and open access sablefish DTL fishery are needed to prevent the 2010 
sablefish OY in the area South of 36[deg] N. lat. from being exceeded 
and prevent premature closure of fisheries that take sablefish. These 
changes must be implemented in a timely manner by October 1, 2010. 
Failure to implement trip limit restrictions by October 1, 2010 would 
risk premature closure of fisheries that are important to coastal 
communities, which would fail to meet the objectives of the Pacific 
Coast Groundfish FMP to allow for year round fishing opportunities to 
provide community stability.
    These revisions are needed to keep the harvest of groundfish 
species within the harvest levels projected for 2010, while allowing 
fishermen access to healthy stocks. Without these measures in place, 
the fisheries could risk exceeding harvest levels, causing early and 
unanticipated fishery closures and economic harm to fishing 
communities. Delaying these changes would keep management measures in 
place that are not based on the best available data and that could lead 
to early closures of the fishery if harvest of groundfish exceeds 
levels projected for 2010. Such delay would impair achievement of one 
of the Pacific Coast Groundfish FMP objectives of providing for year-
round harvest opportunities or extending fishing opportunities as long 
as practicable during the fishing year.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: September 28, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

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

0
2. Tables 3 (North) and 3 (South), Table 4 (South), and Table 5 (South) 
to part 660, subpart G, are revised to read as follows:
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[FR Doc. 2010-24821 Filed 10-1-10; 8:45 am]
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