[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22679-22682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-BC02


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
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 Pacific Coast groundfish fisheries. These actions, 
which are authorized by the Pacific Coast Groundfish Fishery Management 
Plan (FMP), are intended to allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks.

DATES: Effective 0001 hours (local time) May 1, 2012. Comments on this 
final rule must be received no later than May 17, 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/.

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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 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 several inseason actions (76 FR 39313, 76 
FR 67092, 76 FR 79122, 77 FR 12503). 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 was 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 March 2-March 7, 
2012, meeting in Sacramento, California. The Council recommended 
adjusting the biennial groundfish management measures for the remainder 
of the biennial period to respond to updated fishery information and an 
additional inseason management need to adjust the trawl RCA boundaries. 
The adjustment 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.

Trawl Rockfish Conservation Area

    The Council recommended, and NMFS is implementing, an adjustment to 
the shoreward line of the trawl Rockfish Conservation Area (RCA) in 
Washington State, south of Cape Alava and in northern California, north 
Cape Mendocino from the 75 fathom line (137-m) to the 100 fathom line 
(183-m) during Period 3, (May 1-June 30) and Period 5, (September 1-
August 31) from 40[deg]10' N. lat. to 48[deg]10' N. lat.
    The Council received a request to review the effects of an 
adjustment to the shoreward boundary line of the trawl RCA south of 
48[deg]10' N. lat and north of 40[deg]10' N. lat. from 75 fm to 100 fm 
for Period 3 (May 1-June 30) and Period 5 (September 1-October 31) to 
open some additional shelf areas. The Council considered time-weighted 
historical average bycatch rates stratified by depth and newly 
available observer data for this area in Periods 3 and 5, in the area 
shoreward of 100 fm, verses the area shoreward of 75 fm, which did 
indicate that the probability of encountering canary rockfish, 
darkblotched rockfish, Pacific ocean perch (POP), and yelloweye 
rockfish could be higher than if status quo shoreward boundaries 
remained in place. However, attainments of ACLs for these rebuilding 
species was low under IFQ management in 2011, and attainments of ACLs 
are currently (through March 5, 2012) tracking low in 2012 (0.6%, 5.8%, 
2.9% and 0.2% respectively). Finally, the Council considered the 
potential positive impact of individual accountability, a goal of the 
trawl rationalization program, when making the decision to adjust the 
shoreward line of the trawl Rockfish Conservation Area (RCA).
    Therefore, the Council recommended, and NMFS is implementing a 
shift to the shoreward line of the trawl Rockfish Conservation Area 
(RCA) in Washington State, south of Cape Alava and in northern 
California, north Cape Mendocino from the 75 fathom line (137-m) to the 
100 fathom line (183-m) during Period 3 (May 1-June 30), and Period 5 
(September 1-August 31), from 40[deg]10' N. lat. to 48[deg]10' N. lat.

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.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    This inseason adjustment is also taken under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and is in accordance with 50 CFR part 660, the 
regulations implementing the FMP. This action is based on the most 
recent information available.
    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)(3)(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 information upon which the changes to the 
trawl Rockfish Conservation Area (RCA) management measure changes are 
based was originally provided to the Council, and the Council made its 
recommendations, at its March 2-7, 2012. The Council recommended that 
these changes be implemented by May 1, 2012. 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 northern 
California to Washington State.
    These adjustments to management measures must be implemented in a 
timely manner to allow fishermen north of 40[deg]10' N. lat. to 
prosecute their intended fishing strategies under trawl 
rationalization. If this rule is not implemented immediately, the 
public could have incorrect information regarding boundaries used, and 
allowed fishing activities for groundfish fisheries management, which 
would cause confusion and be inconsistent with the intent of the 
Council. 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 immediately allows harvest as 
intended by the Council in fisheries that are important to coastal 
communities in a manner that prevents ACLs of overfished species from 
being exceeded.
    No aspect of this action is controversial and no change in 
operating practices in the fishery is required from those intended in 
this inseason adjustment.
    Delaying these changes would also keep management measures in place 
that are not based on the best available information. Accordingly, for 
the

[[Page 22681]]

reasons stated above, NMFS finds good cause to partially waive prior 
notice and comment and the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: April 12, 2012.
Carrie Selberg,
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:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR17AP12.050


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[FR Doc. 2012-9248 Filed 4-16-12; 8:45 am]
BILLING CODE 3510-22-C