[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79122-79134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32691]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-BB65


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

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

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

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SUMMARY: This final rule announces inseason changes to management 
measures in the commercial and recreational Pacific Coast groundfish 
fisheries. These actions, which are authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP), are intended to allow 
fisheries to access more abundant groundfish stocks while protecting 
overfished and depleted stocks.

DATES: Effective 0001 hours (local time) January 1, 2012. Comments on 
this final rule must be received no later than January 20, 2012.

ADDRESSES: You may submit comments, identified by FDMS docket number 
NOAA-NMFS-2010-0194 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: Colby Brady.
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Colby Brady.
    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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS), 
phone: (206) 526-6117, 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.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site 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, 
subparts C through 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. On November 3, 2010, NMFS published a

[[Page 79123]]

proposed rule to implement the 2011-2012 harvest specifications and 
management measures for most species of the Pacific Coast groundfish 
fishery (75 FR 67810). The final rule to implement the 2011-12 harvest 
specifications and management measures for most species of the Pacific 
Coast Groundfish Fishery was published on May 11, 2011 (76 FR 27508). 
This final rule was subsequently amended by inseason actions on June 
30, 2011 (76 FR 38313) and October 31, 2011 (76 FR 67092). Additional 
changes to the 2011-2012 specifications and management measures were 
made in a final rule on May 19, 2011 (76 FR 28897), an interim final 
rule on June 15, 2011 (76 FR 34910), and in a correcting amendment on 
September 2, 2011 (76 FR 54713). On September 27, 2011, NMFS published 
a proposed rule to implement final 2012 specifications for overfished 
species and assessed flatfish species pursuant to Secretarial Amendment 
1 to the Groundfish FMP (76 FR 59634). That final rule is effective 
January 1, 2012. These specifications and management measures are 
codified in the CFR (50 CFR part 660, subparts C through G).
    Changes to current groundfish management measures implemented by 
this action were recommended by the Council, in consultation with the 
States of Washington, Oregon, and California, at its November 2-
November 6, meeting in Costa Mesa, California. The Council recommended 
adjusting the biennial groundfish management measures for the remainder 
of the biennial period to respond to updated fishery information and 
other inseason management needs. These changes include: adoption of 
regulations that would create a lingcod recreational fishing closure 
off Washington to conform with state regulations; adjustment of the 
trawl RCA boundaries; and changes to the sablefish and minor nearshore 
and black rockfish cumulative limits in commercial fixed gear fisheries 
off Washington, Oregon, and California. The adjustments to fishery 
management measures are not expected to result in greater impacts to 
overfished species than originally projected through the end of 2012. 
Estimated mortality of overfished and target species are the result of 
management measures designed to achieve, to the extent possible, but 
not exceed, annual catch limits (ACLs) of target species while 
fostering the rebuilding of overfished stocks by remaining within their 
rebuilding ACLs.

Review of 2011-2012 Fisheries and Setting Management Measures for the 
Remainder of the Biennium

    At its November 2011 meeting, the Council reviewed the 2011 
commercial groundfish fisheries by considering: (1) The fishery 
management measures initially set for 2011, (2) modifications to 
management measures that were needed inseason for 2011, as new data 
became available throughout the 2011 season, and (3) retrospective 
total catch pattern data from the 2011 year-to-date.
    The Council's goal in scrutinizing the 2011 groundfish fisheries 
was to develop a set of management measures for the remainder of the 
biennial period that would take into account new knowledge gained in 
2011 to better structure the fisheries for the remainder of the 2011-
2012 biennium. The improved structure of the initial 2012 management 
measures was designed to continue to keep total catch of managed 
species liberal enough to allow the catch of target species to 
approach, but not exceed, their 2012 ACLs, yet be conservative enough 
to reduce the need for inseason restrictions. The changes also allow 
the industry to plan for their 2012 fishing season(s) and ensure that 
management measures in place for the remainder of the biennial period 
reflect the best available science.

Washington Recreational Groundfish Fishery Management Measures

    The State of Washington manages canary and yelloweye rockfish under 
a harvest guideline for their recreational fisheries. The state 
modifies portions of their recreational fisheries, through inseason 
adjustment to state regulations, in order to keep catch within the 
harvest guidelines for canary and/or yelloweye rockfish.
    During 2011, the Washington State Department of Fish and Wildlife 
(WDFW) received reports of higher than anticipated yelloweye rockfish 
and canary rockfish bycatch due to increased interest from recreational 
sport and charter boat fleets targeting lingcod and bottomfish in deep 
water ocean areas off the Washington south coast and Columbia River 
management areas. The state took emergency action to close portions of 
Washington Marine Areas 1 and 2 to recreational fishing to ensure that 
recreational yelloweye rockfish and canary rockfish impacts stay below 
the recreational harvest guideline in 2011 and beyond. Following the 
emergency state action, WDFW worked with charter boat and sport fishing 
representatives in both Westport and Ilwaco to develop areas that are 
recommended for permanent closure to lingcod fishing for 2012 and 
after.
    WDFW requested that the Council adopt inseason changes to conform 
with the lingcod closures in Marine Areas 1 and 2 to ensure that 
harvests of canary and yelloweye rockfish stay within Washington 
harvest guidelines in 2012 and beyond.
    Therefore, the Council recommended, and NMFS is implementing, a 
lingcod recreational fishery area closure as follows: lingcod fishing 
is prohibited year round, except in Marine Area 2 on days when the 
Pacific halibut fishery is open, in the area seaward (West) of a 
straight line connecting all of the following points in the order 
stated: 47[deg]31.70' N. lat., 124[deg]45.00' W. long.; 46[deg]38.17' 
N. lat., 124[deg]30.00' W. long.; 46[deg]38.17' N. lat., 124[deg]21.00' 
W. long.; and 46[deg]25.00' N. lat., 124[deg]21.00' W. long.

Trawl Rockfish Conservation Area

    The Council recommended, and NMFS is implementing, an adjustment to 
the seaward line of the trawl Rockfish Conservation Area (RCA) in 
Washington State, south of Cape Alava and in northern Oregon, north 
Cape Falcon from the 200 fathom line (366-m) to the 150 fathom line 
(274-m) for Period 2, (March 1-April 30).
    The Council received a request to review the effects of an 
adjustment to the seaward boundary line of the trawl RCA south of 
48[deg] 10' N. lat and north of 45[deg] 46' N. lat. from 200 fm to 150 
fm for Period 2, (March 1-April 30) to open some additional slope 
areas. The Council considered time-weighted historical average bycatch 
rates stratified by depth for this area in Period 2. Encounter rates of 
overfished species would be slightly increased for darkblotched 
rockfish, Pacific ocean perch, widow rockfish and yelloweye rockfish. 
Catch of these species in the trawl fishery is now managed with 
Individual Fishing Quota (IFQ). The Council considered that fishing 
behavior and bycatch rates are likely to be different than those 
observed prior to the IFQ fishery because of the individual 
accountability inherent in the IFQ program. The Council also considered 
how mortality of these species in the 2011 IFQ fishery is very low, at 
17 percent, 19 percent, 35 percent, and 6 percent, respectively (as of 
October 11, 2011).
    Therefore, the Council recommended and NMFS is implementing a shift 
in the seaward boundary of the trawl RCA for the area south of 
48[deg]10' N. lat (Cape Alava) to north of 45[deg]46' N. lat. (Cape 
Falcon) by shifting the seaward boundary of the trawl RCA boundary

[[Page 79124]]

from the boundary line approximating the 200 fathom (fm) (366-m) depth 
contour to the boundary line approximating the 150 fm (274-m) depth 
contour for Period 2 (March 1 through April 30) of 2012.

Limited Entry Fixed Gear and Open Access Sablefish Daily Trip Limit 
(DTL) Fishery Management Measures

    Based on the Council's goals in reviewing 2011 fishery data, as 
described above, the Council considered the various adjustments to 
fishery management measures in the limited entry fixed gear and open 
access fisheries that were necessary during the first ten months of the 
2011-2012 biennium at its November 2011 meeting. The Council and its 
advisory bodies considered the most recent information on the status of 
2011 fisheries and requests from industry and provided the following 
recommendations for inseason adjustments for the remainder of the 
biennium.

Limited Entry Fixed Gear Sablefish DTL Fishery North of 36[deg] N. Lat.

    At its March 2011 meeting, the Council took action to reduce limits 
in the limited entry fixed gear sablefish DTL fishery north of 36[deg] 
N. lat. This recommendation was precautionary, in response to the 
discovery of an error in the methods that were used to estimate 
landings of sablefish in the DTL fishery. At its June 2011 meeting, the 
Council considered corrected catch estimates and made further 
restrictions to trip limits in this fishery to keep projected catch 
through the end of the year within the fishery harvest guideline and to 
prevent exceeding the non-trawl fishery allocation for sablefish in 
2011.
    At its November 2011 meeting, the Council considered stable trip 
limits for periods 1-6 for the limited entry fixed gear fisheries north 
of 36[deg] N. lat. for 2012. Trip limits for 2012 were estimated by the 
GMT using landings projection models adjusted for discard mortality 
with the most recent available data. The updated trip limits that the 
Council considered for 2012 are anticipated to achieve, but not exceed, 
the fishery harvest guideline for sablefish in 2012. Furthermore, a 
stable trip limit approach will help provide consistency, safety, and 
predictability to fishing communities.
    West Coast Groundfish Observer data indicate that the trip limits 
recommended for periods 1-6 are not anticipated to increase projected 
impacts of co-occurring overfished groundfish species.
    Therefore, the Council recommended, and NMFS is implementing, the 
following changes to trip limits for the limited entry fixed gear 
sablefish DTL fishery north of 36[deg] N. lat.: change to ``1,300 (590 
kg) lb per week, not to exceed 5,000 (2268 kg) lb per 2 months'' in 
periods 1-6, on January 1, through the end of the year.

Open Access Sablefish DTL Fishery North of 36[deg] N. Lat.

    The Council recommended, and NMFS is implementing, stable trip 
limits for periods 1-6 for the open access DTL fisheries north of 
36[deg] N. lat. for 2012. Appropriate trip limits for 2012 were 
estimated by the GMT using landings projection models adjusted for 
discard mortality with the most recent available data. A stable trip 
limit approach will help provide consistency, safety, and 
predictability to fishing communities.
    West Coast Groundfish Observer data indicate that the stable trip 
limits recommended for periods 1-6 are not anticipated to increase 
projected impacts of co-occurring overfished groundfish species.
    Therefore, the Council recommended, and NMFS is implementing, the 
following changes to the open access sablefish DTL fishery trip limits 
north of 36[deg] N. lat.: change to ``300 lb (136 kg) per day, or 1 
landing per week of up to 900 lb (408 kg), not to exceed 1,800 lb (817 
kg) per 2 months'' in periods 1-6, on January 1, through the end of the 
year.

Sablefish DTL Fisheries South of 36[deg] N. Lat.

    The Council recommended, and NMFS is implementing, stable trip 
limits for periods 1-6 for the limited entry fixed gear and open access 
DTL fisheries south of 36[deg] N. lat. for 2012. Appropriate trip 
limits for 2012 were estimated by the GMT using landings projection 
models adjusted for discard mortality with the most recent available 
data. A stable trip limit approach will help provide consistency, 
safety, and predictability to fishing communities.
    West Coast Groundfish Observer data indicate that the stable trip 
limits recommended for periods 1-6 are not anticipated to increase 
projected impacts of co-occurring overfished groundfish species.
    Therefore, the Council recommended and NMFS is implementing the 
following changes to open access fishery trip limits south of 36[deg] 
N. lat.: change to ``300 lb (136 kg) per day, or 1 landing per week of 
up to 1,350 lb (614 kg), not to exceed 2,700 lb (1,227 kg) per 2 
months'' in periods 1-6, on January 1, through the end of the year. 
NMFS is also implementing the following changes to limited entry fixed 
gear trip limits south of 36[deg] N. lat.: change to ``1,800 (817 kg) 
lb per week'' in periods 1-6, on January 1, through the end of the 
year.

Minor Nearshore and Black Rockfish Trip Limits Between 42[deg] N. Lat. 
and 40[deg]10.00' N. Lat.

    Black rockfish is a nearshore rockfish species that was assessed in 
2007 as two separate stocks north and south of 45[deg]56' N. lat., and 
therefore the harvest specifications are divided at the Washington/
Oregon border (46[deg]16.00' N. lat.). The biomass north of 45[deg]56' 
N. lat. was estimated to be at 53 percent of its unfished biomass, 
while the biomass south of 45[deg]56' N. lat. was estimated to be 70 
percent of its unfished biomass in 2007. The 2012 black rockfish ACL 
for the area south of 46[deg]16.00' N. lat. was set at 1,000 mt, which 
is a constant catch strategy designed to keep the biomass above 40 
percent of its estimated unfished biomass. The black rockfish ACL in 
the area south of 46[deg]16.00' N. lat. is subdivided with separate 
harvest guidelines (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). Oregon and California work cooperatively to manage 
their nearshore fisheries (both commercial and recreational) to 
approach but not exceed the black rockfish ACL in the area south of 
46[deg]16.00' N. lat. The 2012 black rockfish commercial allocation for 
California is 185 mt.
    At their November 2011 meeting, the Council considered the most 
recent limited entry fixed gear and open access nearshore fishery 
information, and recommended that the increased and restructured limit 
that was implemented during 2011, March-December (Periods 2-6), remain 
in place for the entire 2012 calendar year, beginning on January 1, 
2012. The change allows for increased landings of black rockfish 
beginning in period 1, on January 1 of 2012, through the end of the 
year.
    Blue rockfish sub-limits and have been shown to be an effective 
management tool for commercial nearshore fixed gear fishery efforts to 
target the abundant black rockfish resource with negligible bycatch of 
blue rockfish or other non-targeted overfished rebuilding species, 
especially in conjunction with California state 20 fathom depth 
restrictions. Modest increases to the minor nearshore rockfish trip 
limits in the limited entry fixed gear and open access fisheries in 
Period 1 (January 1-February 31) are not anticipated to increase 
impacts to co-occurring overfished rockfish because

[[Page 79125]]

projected impacts to overfished species are calculated assuming that up 
to 82 mt of black rockfish are harvested, which is an amount larger 
than historically seen and larger than anticipated under the new trip 
limits.
    Therefore, the Council recommended, and NMFS is implementing, an 
increase to the minor nearshore rockfish trip limit, between 42[deg] N. 
lat. and 40[deg]10' N. lat. from ``6,000 lb (2,722 kg) per two months, 
no more than 1,200 lb (544 kg) of which may be species other than black 
or blue rockfish'' to ``8,500 lb (3,856 kg) per two months, no more 
than 1,200 lb (544 kg) of which may be species other than black 
rockfish'' beginning in period 1, on January 1 of 2012, through the end 
of the year.

Classification

    This final 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 also 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 November 2-6, 2011, meeting in Costa Mesa, 
California. The Council recommended that these changes be implemented 
by January 1, 2012 or as quickly as possible thereafter. 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 NMFS from managing fisheries using the best available 
science to approach, without exceeding, the ACLs 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 and recreational fisheries off 
Washington.
    These adjustments to management measures must be implemented in a 
timely manner: to create a Washington State lingcod recreational 
fishing area closure prior to the March 17 opening of the recreational 
fishery; to allow additional flexibility for fishermen subject to the 
limited entry trawl RCA; and to allow fishermen an opportunity to 
harvest available catch limits in 2012 for sablefish, minor nearshore 
and black rockfish, under stable cumulative limits in limited entry 
fixed gear and open access fisheries. These changes must be implemented 
in a timely manner, as early as possible in 2012, 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, ACLs. It would be contrary to 
the public interest to delay implementation of these changes until 
after public notice and comment, because making this regulatory change 
in January 1, 2012 allows additional harvest in fisheries that are 
important to coastal communities.
    These adjustments to management measures must also be implemented 
in a timely manner to prevent 2012 ACLs from being exceeded, to prevent 
premature closure of the fishery. Cumulative limits cover a two-month 
period, so if implementation is delayed much past January 1, fishermen 
could be prevented from access to harvest abundant black rockfish 
stocks due to lower than necessary limits before the revised limit is 
effective.
    Delaying these changes would also keep management measures in place 
that are not based on the best available data. Accordingly, for the 
reasons stated above, NMFS finds good cause to waive prior notice and 
comment and the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: December 15, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
    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., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. Table 1 (North) to part 660, subpart D is revised to read as 
follows:
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[GRAPHIC] [TIFF OMITTED] TR21DE11.076


0
3. Tables 2 (North) and 2 (South) to part 660, subpart E are revised to 
read as follows:

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[GRAPHIC] [TIFF OMITTED] TR21DE11.077


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[GRAPHIC] [TIFF OMITTED] TR21DE11.078


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[GRAPHIC] [TIFF OMITTED] TR21DE11.079


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4. Tables 3 (North) and 3 (South) to part 660, subpart F, are revised 
to read as follows:

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[GRAPHIC] [TIFF OMITTED] TR21DE11.080


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[GRAPHIC] [TIFF OMITTED] TR21DE11.083

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5. In Sec.  660.360, paragraphs (c)(1)(i)(D)(2) and (c)(1)(i)(D)(3) are 
revised to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (D) * * *
    (2) Between the Queets River (47[deg]31.70' N. lat.) and Leadbetter 
Point (46[deg]38.17' N. lat.) (Washington state Marine Area 2), 
recreational fishing for groundfish, except lingcod, is prohibited 
seaward of a boundary line approximating the 30 fm (55 m) depth contour 
from March 15 through June 15 with the following exceptions: 
Recreational fishing for rockfish is permitted within the RCA from 
March 15 through June 15; recreational fishing for sablefish and 
Pacific cod is permitted within the recreational RCA from May 1 through 
June 15. Between the Queets River (47[deg]31.70' N. lat.) and 
Leadbetter Point (46[deg]38.17' N. lat.) (Washington state Marine Area 
2), recreational fishing for lingcod is prohibited year round seaward 
of a straight line connecting all of the following points in the order 
stated: 47[deg]31.70' N. lat., 124[deg]45.00' W. long.; 46[deg]38.17' 
N. lat., 124[deg]30.00' W. long with the following exceptions: on days 
that the primary halibut fishery is open lingcod may be taken, retained 
and possessed within the RCA. Days open to

[[Page 79134]]

Pacific halibut recreational fishing off Washington are announced on 
the NMFS hotline at (206) 526-6667 or (800) 662-9825. 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)(iv) of this section. Coordinates for the boundary line 
approximating the 30 fm (55 m) depth contour are listed in Sec.  
660.71.
    (3) Between Leadbetter Point (46[deg]38.17' N. lat.) and the 
Washington/Oregon border (Marine Area 1), when Pacific halibut are 
onboard the vessel, no groundfish may be taken and retained, possessed 
or landed, except sablefish and Pacific cod from May 1 through 
September 30. Between Leadbetter Point (46[deg]38.17' N. lat.) and 
46[deg]25.00' N. lat., recreational fishing for lingcod is prohibited 
year round seaward of a straight line connecting all of the following 
points in the order stated: 46[deg]38.17' N. lat., 124[deg]21.00' W. 
long.; and 46[deg]25.00' N. lat., 124[deg]21.00' W. long.
* * * * *
[FR Doc. 2011-32691 Filed 12-20-11; 8:45 am]
BILLING CODE 3510-22-P