Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments; Corrections, 16145-16160 [05-6323]
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
The Petition for Declaratory Ruling
filed by T-Mobile USA, Inc., Western
Wireless Corporation, Nextel
Communications and Nextel Partners is
denied as set forth herein.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Declaratory Ruling and Report and
Order, including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers,
Commercial mobile radio services,
Interconnection, Intercarrier
compensation.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 20 as
follows:
I
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
1. The authority citation for part 20 is
revised to read as follows:
I
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 303, and 332 unless otherwise noted.
2. Section 20.11 is amended by adding
new paragraphs (d) and (e) to read as
follows:
I
§ 20.11 Interconnection to facilities of local
exchange carriers.
*
*
*
*
*
(d) Local exchange carriers may not
impose compensation obligations for
traffic not subject to access charges
upon commercial mobile radio service
providers pursuant to tariffs.
(e) An incumbent local exchange
carrier may request interconnection
from a commercial mobile radio service
provider and invoke the negotiation and
arbitration procedures contained in
section 252 of the Act. A commercial
mobile radio service provider receiving
a request for interconnection must
negotiate in good faith and must, if
requested, submit to arbitration by the
state commission. Once a request for
interconnection is made, the interim
transport and termination pricing
described in § 51.715 of this chapter
shall apply.
[FR Doc. 05–6318 Filed 3–29–05; 8:45 am]
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Office of Procurement and Property
Management
48 CFR Parts 401, 403, 404, 405, 406,
407, 408, 410, 411, 413, 414, 415, 416,
419, 422, 423, 424, 425, 426, 428, 432,
433, 434, 436, 439, 445, 450, 452, 453
RIN 0599–AA11
Agriculture Acquisition Regulation:
Miscellaneous Amendments (AGAR
Case 2004–01)
Office of Procurement and
Property Management, USDA.
ACTION: Direct final rule; Confirmation
of effective date.
prior to acquiring supplies or services.
The general comment concerning
taxpayer burden does not relate to this
rule or the rulemaking procedures
USDA followed in promulgating the
rule. Therefore, the direct final rule is
effective on April 4, 2005, as scheduled.
Done in Washington, DC, this 21st day of
March, 2005.
W.R. Ashworth,
Director, Office of Procurement and Property
Management.
[FR Doc. 05–6261 Filed 3–29–05; 8:45 am]
BILLING CODE 3410–96–P
AGENCY:
This document confirms the
effective date of the direct final rule that
makes miscellaneous amendments to
the Agriculture Acquisition Regulation
(AGAR), 48 CFR ch 4.
DATES: Effective Date: The direct final
rule published on January 3, 2005 (70
FR 41–50), is effective April 4, 2005.
FOR FURTHER INFORMATION CONTACT:
Joseph J. Daragan, USDAOffice of
Procurement and Property Management,
Procurement Policy Division, STOP
9303, 1400 Independence Avenue, SW.,
Washington, DC 20250–9303, (202) 720–
5729.
SUPPLEMENTARY INFORMATION: In a direct
final rule published on January 3, 2005
(70 FR 41–50), we notified the public of
our intent to amend the AGAR to reflect
changes in the FAR made by Federal
Acquisition Circulars (FACs) 97–02
through 2001–24 and to implement
changes in USDA delegated authorities
and internal procedures since October
2001.
We solicited comments concerning
the direct final rule for a 30 day
comment period ending February 2,
2005. We stated that the effective date
of the proposed amendment would be
April 4, 2005, unless we received
adverse comments or notice of intent to
submit adverse comments by the close
of the comment period.
We received neither adverse
comments nor notice of intent to submit
adverse comments by February 2, 2005.
We received one comment objecting to
USDA marketing programs and to the
burden on taxpayers of rulemaking. This
comment is not considered adverse
because it raises no objection germane
to the substance of the proposed direct
final rule. The rule does not address
marketing programs, marketing studies
or agricultural studies, but establishes
procedures for acquisition personnel to
follow in researching sources of supply
SUMMARY:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
BILLING CODE 6712–01–P
DEPARTMENT OF AGRICULTURE
16145
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 040830250–5062–03; I.D.
032205B]
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Specifications and
Management Measures; Inseason
Adjustments; Corrections
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason adjustments to
management measures; corrections;
request for comments.
AGENCY:
SUMMARY: NMFS announces 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), will allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks. This
action also contains corrections to the
Pacific Coast groundfish management
measures.
DATES: Effective 0001 hours (local time)
April 1, 2005. Comments on this rule
will be accepted through April 29, 2005.
ADDRESSES: You may submit comments,
identified by I.D. 032305B, by any of the
following methods:
• E-mail:
GroundfishInseason1.nwr@noaa.gov.
Include I.D. number in the subject line
of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070;
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
or Rod McInnis, Administrator,
Southwest Region, NMFS, 501 West
Ocean Blvd, Suite 4200, Long Beach, CA
90802–4213.
• Fax: 206–526–6736, Attn: Jamie
Goen.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen (Northwest Region, NMFS),
phone: 206–526–6150; fax: 206–526–
6736; and e-mail: jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
available on the Government Printing
Office’s website at: www.gpoaccess.gov/
fr/.
Background information and
documents are available at the NMFS
Northwest Region website at:
www.nwr.noaa.gov/1sustfsh/
gdfsh01.htm and at the Pacific Fishery
Management Council’s website at:
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 80 species of groundfish
off the coasts of Washington, Oregon,
and California. Groundfish
specifications and management
measures are developed by the Pacific
Fishery Management Council (Pacific
Council), and are implemented by
NMFS. The specifications and
management measures for 2005–2006
were codified in the CFR (50 CFR Part
600, Subpart G) and published in the
Federal Register as a proposed rule on
September 21, 2004 (69 FR 56550), and
as a final rule on December 23, 2004 (69
FR 77012).
Most of the following changes to
current groundfish management
measures were recommended by the
Pacific Council, in consultation with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, at its March 6–11, 2005,
meeting in Sacramento, CA. The
changes recommended by the Pacific
Council include: (1) a reduction in the
limited entry fixed gear sablefish fishery
Tier 1 limit, (2) a revision to the
language in 660.381 and in the limited
entry trawl trip limit table (Table 3
(North)) regarding more than one type of
trawl gear onboard a vessel north of
40°10′ N. lat., (3) the addition of a row
in the trip limits tables mentioning that
the states may have trip limits that are
more restrictive than Federal trip limits,
(4) a reduction in the marine fish bag
limit off Oregon, (5) a reduction in the
(rockfish, cabezon, greenling complex)
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(RCG complex), bag limits for cabezon
and greenling off California, (6) minor
corrections to individual coordinates for
the RCA boundaries approximating the
40 fm (73 m), 150 fm (274 m), and 200
fm (366 m) curves.
Additional changes implemented by
NMFS through this inseason action
include: (1) the addition of Pt. Chehalis,
Washington (46°53.30′ N. lat.) to the list
of ‘‘commonly used geographic
coordinates’’ at 660.302, (2) a correction
to references to 660.310 (gear
restrictions and gear identification) in
660.306, (3) the addition of language in
the trip limit tables to specifically refer
to conservation areas, (4) the addition of
language in the limited entry fixed gear
and open access trip limit tables south
of 40°10′ N. lat. to clarify regulations for
the rockfish conservation areas (RCAs)
around islands. Pacific Coast groundfish
landings will be monitored throughout
the year, and further adjustments to trip
limits or management measures will be
made as necessary to allow achievement
of, or to avoid exceeding, optimum
yields (OYs).
Limited Entry Fixed Gear Sablefish
Fishery Tier 1 Limit
At the Pacific Council’s March
meeting, NMFS released an updated
analysis of the 2005 limited entry fixed
gear fishery for sablefish. NMFS
conducted this analysis using the same
modeling approach as used for the 2004
fishery, but updated the analysis with
more recent observer data. NMFS had
conducted preliminary analysis of tier
limits in the primary fishery and
bycatch associated with all limited entry
fixed gear sablefish fishing in advance
of the 2005 fishing season. Since that
2004 analysis, an additional year of
observer and fishticket data has been
incorporated into the model. The model
now uses data from 2001 through 2004,
with progressively lower weight given
to data from earlier years. For further
information on the bycatch model, the
West Coast Observer Program, and
bycatch mitigation in the groundfish
fisheries, see the preamble to the
proposed rule for the 2005–2006 fishery
specifications and management
measures (69 FR 56550, September 21,
2004).
As in 2004, coastwide annual ratios of
sablefish discard and overfished species
bycatch in the sablefish tier fishery were
calculated for two depth strata: greater
than 100 fm (183 m) and greater than
150 fm (274 m). These strata reflect the
seaward boundaries of the non-trawl
RCAs, as currently specified for the
areas north and south of 40°10′ N. lat.,
respectively. Sablefish discard, as a
percentage of estimated total catch
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compared to prior years’ estimates,
increased for pot gear and decreased for
line gear with the inclusion of observer
and fishticket data from the 2004
fishery. The differences in the sablefish
discard ratios between longline and pot
gear largely offset each other, resulting
in a minor change in the available tier
cumulative limits. For most overfished
species, bycatch ratios remained
roughly the same. However, estimates of
lingcod bycatch increased over 2004
estimates for both gear types within
both depth strata. This result may be
due to the trend of increasing biomass
for northern lingcod evident in the most
recent stock assessment for lingcod and
because most observed sablefish trips
occurred off Oregon and Washington.
Projected incidental catch of lingcod
changes by the largest amount of any of
the depleted species, increasing by 2.4
mt. Projected canary rockfish incidental
catch is estimated to increase by 0.2 mt.
None of the remaining incidental catch
estimates changed by more than 0.1 mt
from the original projections for this
fishery. These changes in estimates of
incidental catch are within the OYs for
those species.
Therefore, the Pacific Council
recommended and NMFS is
implementing a reduction in the limited
entry fixed gear sablefish fishery Tier 1
cumulative limit from 64,100 lb (29,075
kg) to 64,000 lb (29,030 kg) to keep the
harvest of sablefish within harvest
targets for this fishery.
Limited Entry Trawl Fishery- More Than
One Gear Type Onboard Requirements
Federal regulations at 50 CFR
660.381(c)(4) address the question of
which trawl trip limits apply to vessels
that are carrying more than one type of
trawl gear on board. Table 3 of part 660,
subpart G provides trawl trip limits that
vary by trawl gear type—large and small
footrope gear, versus selective flatfish
gear. North of 40°10′ N. lat., only
selective flatfish trawl gear is permitted
shoreward of the trawl RCA. Because
the trip limits differ for the different
gear types, NMFS must provide
regulations on which trip limits apply to
a vessel that uses more than one type of
trawl gear during a cumulative limit
period, or that carries more than one
type of trawl gear on board during a
fishing trip. The regulations NMFS
implemented on January 1, 2005 (69 FR
77012) for more than one type of trawl
gear on board have proven to be
confusing for the public; thus, the
agency worked with the Pacific Council
at its March 2005 meeting on clarifying
regulatory language for trawl fishery
participants.
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
Federal regulations for the ‘‘more than
one type of trawl gear on board’’
allowance (50 CFR Part 660.381) in the
limited entry trawl regulations for the
area between the U.S./Canada border
and 40°10′ N. lat. implemented at the
beginning of 2005 have been interpreted
in a more liberal manner than the
Council had originally intended.
Federal regulations could have been
interpreted to mean that more restrictive
trip limits only apply to the gear used
for a species or species group, rather
than for all species included in the trip
limit table for the entire cumulative
period. Thus, the regulations could have
been interpreted to mean that if
selective flatfish gear were the most
restrictive gear for flatfish but were the
least restrictive for DTS species (Dover
sole, thornyheads, and sablefish), a
vessel that only fished for flatfish with
selective flatfish trawl gear could then,
on a separate trip, use selective flatfish
trawl gear to catch the more liberal DTS
limits. This more liberal regulatory
interpretation was not compatible with
the bycatch model the Pacific Council
had used to craft the 2005–2006
groundfish trip limit recommendations.
To be compatible with the bycatch
model for this fishery, the regulations
should have read that if fishers have
more than one type of trawl gear on
board, at any time during the
cumulative limit period, they are
limited to harvesting (for the entire
cumulative limit period) the more
restrictive trip limit associated with the
gear they had on board. This
requirement provides flexibility to
fishers while taking into consideration
what was modeled in the trawl bycatch
model and what is enforceable.
The original intent of the regulation is
as follows: (1) If a vessel only has
selective flatfish gear on board during a
cumulative limit period, the vessel can
only access selective flatfish limits
during the entire cumulative limit
period, (2) If a vessel has only has large
or small footrope gear on board during
a cumulative limit period, the vessel can
only access large or small footrope
limits during the entire cumulative limit
period, and (3) If a vessel has both
selective flatfish and large or small
footrope gear on board during a
cumulative limit period (either
simultaneously or successively), the
vessel can only access the lower limits
during the entire cumulative limit
period.
Thus, the Pacific Council
recommended the following language to
restore the original intent of the
requirement: ‘‘North of 40°10′ N. lat., a
vessel may have more than one type of
limited entry trawl gear on board, either
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simultaneously or successively, during a
cumulative limit period. If only
selective flatfish trawl gear is on board
during the entire cumulative limit
period, then a vessel is only permitted
to access the selective flatfish trawl gear
cumulative limits, regardless of whether
the vessel is fishing shoreward or
seaward of the RCA. If only large or
small footrope trawl gear is on board
during an entire cumulative limit
period, a vessel is only permitted to
access the small or large footrope trawl
gear cumulative limits and that vessel
must fish seaward of the RCA. If more
than one type of bottom trawl gear
(selective flatfish versus large footrope
or small footrope) is on board, either
simultaneously or successively, during a
cumulative limit period, a vessel is only
permitted to access the most restrictive
cumulative bottom trawl limit
associated with any of these gears. The
most restrictive cumulative bottom
trawl limit associated with any gear
applies for that trip and for the entire
cumulative limit period, regardless of
whether the vessel is fishing shoreward
or seaward of the RCA.’’ In
implementing this provision, NMFS has
slightly modified the Pacific Council’s
language to use the regulatory term
‘‘subject to’’ cumulative limits, rather
than the more informal term regarding
‘‘access to’’ cumulative limits. NMFS
also removed language regarding a limit
applying for a trip as unnecessary
because the limits apply for the entire
cumulative period.
In addition, the Pacific Council
recommended and NMFS is
implementing a change to the limited
entry trawl trip limit table North of
40°10′ N. lat. (Table 3 (North)) to add a
‘‘multiple bottom trawl gear’’ category
which specifies the trip limits that
apply when multiple bottom gears are
onboard, either simultaneously or
successively, during a cumulative limit
period.
Pt. Chehalis, Washington
In 50 CFR part 660.302, Definitions,
under the definition for ‘‘North-South
management area’’ there is a list of
geographic coordinates commonly used
in groundfish management. Pt. Chehalis,
Washington, 46°53.30′ N. lat., is
commonly used in the Pacific Coast
groundfish fishery as a southern
boundary for retention of halibut caught
incidentally to the primary sablefish
fishery during certain times of year.
However, this coordinate is not
currently included in the list of
commonly used geographic coordinates.
Thus, NMFS is adding Pt. Chehalis,
Washington, 46°53.30′ N. lat., to the list
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at 50 CFR 660.302 under ‘‘North-South
management area.’’
Oregon’s Recreational Marine Fish Bag
Limit
Following the adoption of the 2005–
06 management measures, Oregon’s Fish
and Wildlife Commission adopted
changes to their recreational fishery
regulations that reduced the daily bag
limit of marine fish (all marine fish
species except Pacific halibut, lingcod,
sanddab, surf perch, bait fish, offshore
pelagic species, striped bass, hybrid
bass, and salmonids) from 10 fish to 8
fish in aggregate. This change in state
regulations was designed to keep catch
within state harvest guidelines and does
not affect the current Federal estimated
impacts. Thus, to ensure consistency
between Federal and state regulations,
the Pacific Council recommended and
NMFS is implementing a reduction in
the daily bag limit for the recreational
fishery off Oregon for marine fish from
ten fish to eight fish in aggregate.
California’s Recreational RCG (Rockfish,
Cabezon, Greenling) Complex Bag Limit
Following the adoption of the 2005–
06 management measures, California’s
Fish and Game Commission adopted
changes to their recreational fishery
regulations, in October 2004, that
changed the cabezon sub-bag limit from
three fish to one fish and the greenlings
(all species of the genus Hexagrammos
combined) sub-bag limit from two fish
to one fish. The cabezon and greenling
sub-bag limits are part of the ‘‘RCG
complex’’ recreational fishery off
California. These changes to state
regulations were intended to help keep
total fishing mortality within their
respective 2005 state harvest targets.
Thus, to ensure consistency between
federal and state regulations, the Pacific
Council recommended and NMFS is
implementing a reduction in the
cabezon sub-bag limit from three fish to
one fish and the greenling (all species of
the genus Hexagrammos combined) subbag limit from two fish to one fish in the
recreational fishery off California.
Corrections and Clarifications
The following corrections and
clarifications are being made to the
2005–2006 management measures.
In the final rule for the 2005–2006
specifications and management
measures, § 660.310. Gear restrictions
and gear identification, was removed
because the paragraphs contained in
that section were moved to §§ 660.381
through 660.384. Therefore, references
to § 660.310 in § 660.306 are being
corrected to match the current locations
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of the gear restrictions and gear
identification regulations.
Current Federal regulations at
§§ 660.381 through 660.384, state that
state regulations can be more restrictive
than Federal regulations. In order to
emphasize this to the regulated public,
a row is being added to the trip limit
tables stating that state trip limits may
be more restrictive than Federal trip
limits, particularly in waters off Oregon
and California.
Language is being added in a row near
the beginning of the trip limit tables to
clarify that §§ 660.390 through 660.394
refer to conservation areas, not just
§ 660.390.
For the limited entry fixed gear and
open access trip limits tables south of
40°10′ N. lat. (Table 4 (South) and Table
5 (South)), language is being added to
clarify that RCA boundaries apply
around specific islands south of 34°27′
N. lat., as already stated in the
regulatory text in §§ 660.391 through
660.394.
In addition, there are minor
corrections to some coordinates for the
RCA boundaries approximating the 40
fm (73 m), 150 fm (274 m), and 200 fm
(366 m) depth contours. These
corrections prevent RCA boundaries
from crossing each other and better
align the boundaries to their respective
depth contours.
Classification
These actions are taken under the
authority of 50 CFR 660.370(c) and are
exempt from review under Executive
Order 12866.
These actions are authorized by the
Pacific Coast groundfish FMP and its
implementing regulations, and 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.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest. The data upon
which these recommendations were
based was provided to the Pacific
Council and the Pacific Council made
its recommendations at its March 6–11,
2005 meeting in Sacramento, CA. There
was not sufficient time after that
meeting to draft this notice and undergo
proposed and final rulemaking before
these actions need to be in effect as
explained below. For the actions to be
implemented in this notice, prior notice
and opportunity for comment would be
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impracticable and contrary to the public
interest because affording the time
necessary for prior notice and
opportunity for public comment would
impede the Agency’s function of
managing fisheries using the best
available science to approach without
exceeding the OYs for federally
managed species. The adjustments to
management measures in this document
include changes to the commercial and
recreational groundfish fisheries,
including corrections and clarifications.
Changes to the limited entry fixed gear
sablefish fishery’s tier 1 limit and
revisions to the limited entry trawl
language regarding more than one gear
type onboard a vessel must be
implemented in a timely manner, and
by the time the tier season starts on
April 1, 2005, so that harvest of
groundfish, including overfished
species, stays within the harvest levels
projected for 2005 based on modeling
and the most current catch projections
available. Changes to Oregon and
California’s recreational fishery
management measures to reduce the bag
limits for certain species must be
implemented by April 1, 2005, the next
recreational fishery management month,
in order to conform Federal and state
recreational regulations, to protect
overfished groundfish species and to
keep the harvest of other groundfish
species within the harvest levels
projected for 2005. Delaying any of
these changes would result in
management measures that fail to use
the best available science and could
lead to early closures of the fishery if
harvest of groundfish exceeds levels
projected for 2005. This would be
contrary to the public interest because it
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.
NMFS has also provided corrections
and clarifications to Federal regulations
that: correct mis-referenced sections of
the regulations, clarify for the public
that the states may implement trip
limits that are more restrictive than
those implemented by the Federal
government; correct the trip limit tables
to properly reference conservation area
regulations as occurring in 660.390–
660.394, not just in 660.390; augment
the trip limit tables with references to
regulatory text concerning RCA
boundaries around islands; and correct
mis-placed coordinates for the 40 fm (73
m), 150 fm (274 m), and 200 fm (366 m)
depth contours. Affording an
opportunity for prior notice and
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comment on these corrections and
clarifications is unnecessary because
they are not substantive changes to the
regulations and contrary to the public
interest because they clarify regulations
that might otherwise be confusing to the
public.
For these reasons, good cause also
exists to waive the 30 day delay in
effectiveness requirement under 5
U.S.C. 553 (d)(3).
List of Subjects in 50 CFR Part 660
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives,
Indians, Northern Mariana Islands,
Reporting and recordkeeping
requirements.
Dated: March 25, 2005.
Regina L. Spallone,
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:
I
PART 660—FISHERIES OFF WEST
COAST STATES AND IN THE
WESTERN PACIFIC
1. The authority citation for part 660
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 660.302, in the definition of
‘‘North-South management area,’’
paragraphs (2)(iii) through (2)(xxi) are
redesignated as paragraphs (2)(iv)
through (2)(xxii) and a new paragraph
(2)(iii) is added to read as follows:
I
§ 660.302
Definitions.
*
*
*
*
*
(2) * * *
(iii) Pt. Chehalis, WA—46°53.30′ N.
lat.
*
*
*
*
*
I 3. In § 660.306, paragraphs (a)(3),
(a)(5), (a)(8), and (h)(2) are revised to read
as follows:
§ 660.306
Prohibitions.
*
*
*
*
*
(a) * * *
(3) Falsify or fail to affix and maintain
vessel and gear markings as required by
§ 660.305 or §§ 660.382 and 660.383.
*
*
*
*
*
(5) Fish for groundfish using gear not
authorized in this subpart or in
violation of any terms or conditions
attached to an EFP under § 660.350 or
part 600 of this chapter.
*
*
*
*
*
(8) Possess, deploy, haul, or carry
onboard a fishing vessel subject to this
subpart a set net, trap or pot, longline,
or commercial vertical hook-and-line
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that is not in compliance with the gear
restrictions in §§ 660.382 and 660.383,
unless such gear is the gear of another
vessel that has been retrieved at sea and
made inoperable or stowed in a manner
not capable of being fished. The
disposal at sea of such gear is prohibited
by Annex V of the International
Convention for the Prevention of
Pollution From Ships, 1973 (Annex V of
MARPOL 73/78).
*
*
*
*
*
(h) * * *
(2) Operate any vessel registered to a
limited entry permit with a trawl
endorsement and trawl gear on board in
a Trawl Rockfish Conservation Area or
a Cowcod Conservation Area (as defined
at § 660.302), except for purposes of
continuous transiting, with all
groundfish trawl gear stowed in
accordance with § 660.381(d)(4)(ii), or
except as otherwise authorized in the
groundfish management measures
published at § 660.381(d)(4).
*
*
*
*
*
I 4. In § 660.372, the second to the last
sentence in paragraph (b)(3)(i) is revised
to read as follows:
§ 660.372 Fixed gear sablefish fishery
management.
*
*
*
*
*
(b) * * *
(3) * * *
(i) * * * For 2005, the following limits
are in effect: Tier 1 at 64,000 lb (29,030
kg), Tier 2 at 29,100 lb (13,200 kg), and
Tier 3 at 16,600 lb (7,530 kg). * * *
*
*
*
*
*
I 5. In § 660.381, paragraph (c)(4)(i) is
revised to read as follows:
§ 660.381 Limited entry trawl fishery
management measures.
*
*
*
*
*
(c) * * *
(4) * * *
(i) North of 40°10′ N. lat., a vessel may
have more than one type of limited
entry trawl gear on board, either
simultaneously or successively, during a
cumulative limit period. If a vessel
fishes exclusively with selective flatfish
trawl gear during an entire cumulative
limit period, then the vessel is subject
to the selective flatfish trawl gear
cumulative limits during that limit
period, regardless of whether the vessel
is fishing shoreward or seaward of the
RCA. If a vessel fishes exclusively with
large or small footrope trawl gear during
an entire cumulative limit period, the
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vessel is subject to the small or large
footrope trawl gear cumulative limits
and that vessel must fish seaward of the
RCA during that limit period. If more
than one type of bottom trawl gear
(selective flatfish, large footrope, or
small footrope) is on board, either
simultaneously or successively, at any
time during a cumulative limit period,
then the most restrictive cumulative
limit associated with the bottom trawl
gears on board during that cumulative
limit period applies for the entire
cumulative limit period, regardless of
whether the vessel is fishing shoreward
or seaward of the RCA. Midwater trawl
gear is allowed only for vessels
participating in the primary whiting
season. On non-whiting trips (defined as
any fishing trip that takes, retains,
possess, or lands less than 10,000 lb
(4,536 kg) of whiting), vessels with both
large footrope and midwater trawl gear
on board during a trip are subject to the
large footrope limits while fishing with
large footrope gear seaward of the RCA.
*
*
*
*
*
I 6. In § 660.384, paragraphs (c)(2)(iii),
and (c)(3)(ii)(B) are revised to read as
follows:
§ 660.384 Recreational fishery
management measures.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) Bag limits, size limits. The bag
limits for each person engaged in
recreational fishing in the EEZ seaward
of Oregon are two lingcod per day,
which may be no smaller than 24 in (61
cm) total length; and 8 marine fish per
day, which excludes Pacific halibut,
salmonids, tuna, perch species,
sturgeon, sanddabs, 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
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.
*
*
*
*
*
(3) * * *
(ii) * * *
(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
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16149
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°10′ N. lat., within the 10
RCG Complex fish per day limit, no
more than 2 may be bocaccio, no more
than 1 may be greenling (kelp and/or
other greenlings) and no more than 1
may be cabezon. South of 40°10′ N. lat.,
within the 10 RCG Complex fish per day
limit, no more than 1 may be bocaccio,
no more than 1 may be greenling (kelp
and/or other greenlings) and no more
than 1 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.
*
*
*
*
*
I 7. In § 660.391, paragraph (k)(23) is
revised to read as follows:
§ 660.391 Latitude/longitude coordinates
defining the 27 fm (49 m) through 40 fm (73
m) depth contours.
*
*
*
*
*
(k) * * *
(23) 33°28.90′ N. lat., 118°36.43′ W.
long.
*
*
*
*
*
I 8. In § 660.393, paragraphs (h)(234)
through (h)(258) are redesignated as
paragraphs (h)(235) through (h)(259) and
a new paragraph (h)(234) is added to read
as follows:
§ 660.393 Latitude/longitude coordinates
defining the 100 fm (183 m) through 150 fm
(274 m) depth contours.
*
*
*
*
*
(h) * * *
(234) 36°01.00′ N. lat., 121°36.95′ W.
long.
*
*
*
*
*
I 9. In § 660.394, paragraphs (f)(73) and
(f)(142) are revised to read as follows:
§ 660.394 Latitude/longitude coordinates
defining the 180 fm (329 m) through 250 fm
(457 m) depth contours.
*
*
*
*
*
(f) * * *
(73) 46°17.73′ N. lat., 124°39.58′ W.
long.
*
*
*
*
*
(142)40°30.00′ N. lat., 124°38.58′ W.
long.
*
*
*
*
*
I 10. In part 660, subpart G, Tables 3–5
are revised to read as follows:
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16160
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[FR Doc. 05–6323 Filed 3–29–05; 8:45 am]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 04112633–5040–02; I.D.
032505B]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in the West
Yakutat District of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for pollock in the West Yakutat
District of the Gulf of Alaska (GOA).
This action is necessary to prevent
exceeding the 2005 total allowable catch
(TAC) of pollock specified for the West
Yakutat District of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 26, 2005, through
2400 hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
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Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In accordance with § 679.20(c)(3)(ii),
the 2005 TAC of pollock specified for
the West Yakutat District of the GOA is
1,688 metric tons (mt) as established by
the 2005 and 2006 final harvest
specifications for groundfish of the GOA
(70 FR 8958, February 24, 2005).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2005 TAC of
pollock specified for the West Yakutat
District of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 1,638 mt, and is
setting aside the remaining 50 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in the West
Yakutat District of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§§ 679.20(e) and (f) apply at any time
during a trip.
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Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of pollock in the West
Yakutat District of the GOA.
The AA also finds good cause to
waive the 30 day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2005.
Regina L. Spallone,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–6302 Filed 3–25–05; 4:11 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16145-16160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6323]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 040830250-5062-03; I.D. 032205B]
Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Specifications and Management
Measures; Inseason Adjustments; Corrections
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustments to management measures; corrections;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces 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), will allow fisheries to access more abundant
groundfish stocks while protecting overfished and depleted stocks. This
action also contains corrections to the Pacific Coast groundfish
management measures.
DATES: Effective 0001 hours (local time) April 1, 2005. Comments on
this rule will be accepted through April 29, 2005.
ADDRESSES: You may submit comments, identified by I.D. 032305B, by any
of the following methods:
E-mail: GroundfishInseason1.nwr@noaa.gov. Include I.D.
number in the subject line of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: D. Robert Lohn, Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070;
[[Page 16146]]
or Rod McInnis, Administrator, Southwest Region, NMFS, 501 West Ocean
Blvd, Suite 4200, Long Beach, CA 90802-4213.
Fax: 206-526-6736, Attn: Jamie Goen.
FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS),
phone: 206-526-6150; fax: 206-526-6736; and e-mail:
jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is available on the Government
Printing Office's website at: www.gpoaccess.gov/fr/.
Background information and documents are available at the NMFS
Northwest Region website at: www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and
at the Pacific Fishery Management Council's website at:
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 80 species of groundfish off the coasts of
Washington, Oregon, and California. Groundfish specifications and
management measures are developed by the Pacific Fishery Management
Council (Pacific Council), and are implemented by NMFS. The
specifications and management measures for 2005-2006 were codified in
the CFR (50 CFR Part 600, Subpart G) and published in the Federal
Register as a proposed rule on September 21, 2004 (69 FR 56550), and as
a final rule on December 23, 2004 (69 FR 77012).
Most of the following changes to current groundfish management
measures were recommended by the Pacific Council, in consultation with
Pacific Coast Treaty Indian Tribes and the States of Washington,
Oregon, and California, at its March 6-11, 2005, meeting in Sacramento,
CA. The changes recommended by the Pacific Council include: (1) a
reduction in the limited entry fixed gear sablefish fishery Tier 1
limit, (2) a revision to the language in 660.381 and in the limited
entry trawl trip limit table (Table 3 (North)) regarding more than one
type of trawl gear onboard a vessel north of 40[deg]10' N. lat., (3)
the addition of a row in the trip limits tables mentioning that the
states may have trip limits that are more restrictive than Federal trip
limits, (4) a reduction in the marine fish bag limit off Oregon, (5) a
reduction in the (rockfish, cabezon, greenling complex) (RCG complex),
bag limits for cabezon and greenling off California, (6) minor
corrections to individual coordinates for the RCA boundaries
approximating the 40 fm (73 m), 150 fm (274 m), and 200 fm (366 m)
curves.
Additional changes implemented by NMFS through this inseason action
include: (1) the addition of Pt. Chehalis, Washington (46[deg]53.30' N.
lat.) to the list of ``commonly used geographic coordinates'' at
660.302, (2) a correction to references to 660.310 (gear restrictions
and gear identification) in 660.306, (3) the addition of language in
the trip limit tables to specifically refer to conservation areas, (4)
the addition of language in the limited entry fixed gear and open
access trip limit tables south of 40[deg]10' N. lat. to clarify
regulations for the rockfish conservation areas (RCAs) around islands.
Pacific Coast groundfish landings will be monitored throughout the
year, and further adjustments to trip limits or management measures
will be made as necessary to allow achievement of, or to avoid
exceeding, optimum yields (OYs).
Limited Entry Fixed Gear Sablefish Fishery Tier 1 Limit
At the Pacific Council's March meeting, NMFS released an updated
analysis of the 2005 limited entry fixed gear fishery for sablefish.
NMFS conducted this analysis using the same modeling approach as used
for the 2004 fishery, but updated the analysis with more recent
observer data. NMFS had conducted preliminary analysis of tier limits
in the primary fishery and bycatch associated with all limited entry
fixed gear sablefish fishing in advance of the 2005 fishing season.
Since that 2004 analysis, an additional year of observer and fishticket
data has been incorporated into the model. The model now uses data from
2001 through 2004, with progressively lower weight given to data from
earlier years. For further information on the bycatch model, the West
Coast Observer Program, and bycatch mitigation in the groundfish
fisheries, see the preamble to the proposed rule for the 2005-2006
fishery specifications and management measures (69 FR 56550, September
21, 2004).
As in 2004, coastwide annual ratios of sablefish discard and
overfished species bycatch in the sablefish tier fishery were
calculated for two depth strata: greater than 100 fm (183 m) and
greater than 150 fm (274 m). These strata reflect the seaward
boundaries of the non-trawl RCAs, as currently specified for the areas
north and south of 40[deg]10' N. lat., respectively. Sablefish discard,
as a percentage of estimated total catch compared to prior years'
estimates, increased for pot gear and decreased for line gear with the
inclusion of observer and fishticket data from the 2004 fishery. The
differences in the sablefish discard ratios between longline and pot
gear largely offset each other, resulting in a minor change in the
available tier cumulative limits. For most overfished species, bycatch
ratios remained roughly the same. However, estimates of lingcod bycatch
increased over 2004 estimates for both gear types within both depth
strata. This result may be due to the trend of increasing biomass for
northern lingcod evident in the most recent stock assessment for
lingcod and because most observed sablefish trips occurred off Oregon
and Washington. Projected incidental catch of lingcod changes by the
largest amount of any of the depleted species, increasing by 2.4 mt.
Projected canary rockfish incidental catch is estimated to increase by
0.2 mt. None of the remaining incidental catch estimates changed by
more than 0.1 mt from the original projections for this fishery. These
changes in estimates of incidental catch are within the OYs for those
species.
Therefore, the Pacific Council recommended and NMFS is implementing
a reduction in the limited entry fixed gear sablefish fishery Tier 1
cumulative limit from 64,100 lb (29,075 kg) to 64,000 lb (29,030 kg) to
keep the harvest of sablefish within harvest targets for this fishery.
Limited Entry Trawl Fishery- More Than One Gear Type Onboard
Requirements
Federal regulations at 50 CFR 660.381(c)(4) address the question of
which trawl trip limits apply to vessels that are carrying more than
one type of trawl gear on board. Table 3 of part 660, subpart G
provides trawl trip limits that vary by trawl gear type--large and
small footrope gear, versus selective flatfish gear. North of
40[deg]10' N. lat., only selective flatfish trawl gear is permitted
shoreward of the trawl RCA. Because the trip limits differ for the
different gear types, NMFS must provide regulations on which trip
limits apply to a vessel that uses more than one type of trawl gear
during a cumulative limit period, or that carries more than one type of
trawl gear on board during a fishing trip. The regulations NMFS
implemented on January 1, 2005 (69 FR 77012) for more than one type of
trawl gear on board have proven to be confusing for the public; thus,
the agency worked with the Pacific Council at its March 2005 meeting on
clarifying regulatory language for trawl fishery participants.
[[Page 16147]]
Federal regulations for the ``more than one type of trawl gear on
board'' allowance (50 CFR Part 660.381) in the limited entry trawl
regulations for the area between the U.S./Canada border and 40[deg]10'
N. lat. implemented at the beginning of 2005 have been interpreted in a
more liberal manner than the Council had originally intended. Federal
regulations could have been interpreted to mean that more restrictive
trip limits only apply to the gear used for a species or species group,
rather than for all species included in the trip limit table for the
entire cumulative period. Thus, the regulations could have been
interpreted to mean that if selective flatfish gear were the most
restrictive gear for flatfish but were the least restrictive for DTS
species (Dover sole, thornyheads, and sablefish), a vessel that only
fished for flatfish with selective flatfish trawl gear could then, on a
separate trip, use selective flatfish trawl gear to catch the more
liberal DTS limits. This more liberal regulatory interpretation was not
compatible with the bycatch model the Pacific Council had used to craft
the 2005-2006 groundfish trip limit recommendations. To be compatible
with the bycatch model for this fishery, the regulations should have
read that if fishers have more than one type of trawl gear on board, at
any time during the cumulative limit period, they are limited to
harvesting (for the entire cumulative limit period) the more
restrictive trip limit associated with the gear they had on board. This
requirement provides flexibility to fishers while taking into
consideration what was modeled in the trawl bycatch model and what is
enforceable.
The original intent of the regulation is as follows: (1) If a
vessel only has selective flatfish gear on board during a cumulative
limit period, the vessel can only access selective flatfish limits
during the entire cumulative limit period, (2) If a vessel has only has
large or small footrope gear on board during a cumulative limit period,
the vessel can only access large or small footrope limits during the
entire cumulative limit period, and (3) If a vessel has both selective
flatfish and large or small footrope gear on board during a cumulative
limit period (either simultaneously or successively), the vessel can
only access the lower limits during the entire cumulative limit period.
Thus, the Pacific Council recommended the following language to
restore the original intent of the requirement: ``North of 40[deg]10'
N. lat., a vessel may have more than one type of limited entry trawl
gear on board, either simultaneously or successively, during a
cumulative limit period. If only selective flatfish trawl gear is on
board during the entire cumulative limit period, then a vessel is only
permitted to access the selective flatfish trawl gear cumulative
limits, regardless of whether the vessel is fishing shoreward or
seaward of the RCA. If only large or small footrope trawl gear is on
board during an entire cumulative limit period, a vessel is only
permitted to access the small or large footrope trawl gear cumulative
limits and that vessel must fish seaward of the RCA. If more than one
type of bottom trawl gear (selective flatfish versus large footrope or
small footrope) is on board, either simultaneously or successively,
during a cumulative limit period, a vessel is only permitted to access
the most restrictive cumulative bottom trawl limit associated with any
of these gears. The most restrictive cumulative bottom trawl limit
associated with any gear applies for that trip and for the entire
cumulative limit period, regardless of whether the vessel is fishing
shoreward or seaward of the RCA.'' In implementing this provision, NMFS
has slightly modified the Pacific Council's language to use the
regulatory term ``subject to'' cumulative limits, rather than the more
informal term regarding ``access to'' cumulative limits. NMFS also
removed language regarding a limit applying for a trip as unnecessary
because the limits apply for the entire cumulative period.
In addition, the Pacific Council recommended and NMFS is
implementing a change to the limited entry trawl trip limit table North
of 40[deg]10' N. lat. (Table 3 (North)) to add a ``multiple bottom
trawl gear'' category which specifies the trip limits that apply when
multiple bottom gears are onboard, either simultaneously or
successively, during a cumulative limit period.
Pt. Chehalis, Washington
In 50 CFR part 660.302, Definitions, under the definition for
``North-South management area'' there is a list of geographic
coordinates commonly used in groundfish management. Pt. Chehalis,
Washington, 46[deg]53.30' N. lat., is commonly used in the Pacific
Coast groundfish fishery as a southern boundary for retention of
halibut caught incidentally to the primary sablefish fishery during
certain times of year. However, this coordinate is not currently
included in the list of commonly used geographic coordinates. Thus,
NMFS is adding Pt. Chehalis, Washington, 46[deg]53.30' N. lat., to the
list at 50 CFR 660.302 under ``North-South management area.''
Oregon's Recreational Marine Fish Bag Limit
Following the adoption of the 2005-06 management measures, Oregon's
Fish and Wildlife Commission adopted changes to their recreational
fishery regulations that reduced the daily bag limit of marine fish
(all marine fish species except Pacific halibut, lingcod, sanddab, surf
perch, bait fish, offshore pelagic species, striped bass, hybrid bass,
and salmonids) from 10 fish to 8 fish in aggregate. This change in
state regulations was designed to keep catch within state harvest
guidelines and does not affect the current Federal estimated impacts.
Thus, to ensure consistency between Federal and state regulations, the
Pacific Council recommended and NMFS is implementing a reduction in the
daily bag limit for the recreational fishery off Oregon for marine fish
from ten fish to eight fish in aggregate.
California's Recreational RCG (Rockfish, Cabezon, Greenling) Complex
Bag Limit
Following the adoption of the 2005-06 management measures,
California's Fish and Game Commission adopted changes to their
recreational fishery regulations, in October 2004, that changed the
cabezon sub-bag limit from three fish to one fish and the greenlings
(all species of the genus Hexagrammos combined) sub-bag limit from two
fish to one fish. The cabezon and greenling sub-bag limits are part of
the ``RCG complex'' recreational fishery off California. These changes
to state regulations were intended to help keep total fishing mortality
within their respective 2005 state harvest targets. Thus, to ensure
consistency between federal and state regulations, the Pacific Council
recommended and NMFS is implementing a reduction in the cabezon sub-bag
limit from three fish to one fish and the greenling (all species of the
genus Hexagrammos combined) sub-bag limit from two fish to one fish in
the recreational fishery off California.
Corrections and Clarifications
The following corrections and clarifications are being made to the
2005-2006 management measures.
In the final rule for the 2005-2006 specifications and management
measures, Sec. 660.310. Gear restrictions and gear identification, was
removed because the paragraphs contained in that section were moved to
Sec. Sec. 660.381 through 660.384. Therefore, references to Sec.
660.310 in Sec. 660.306 are being corrected to match the current
locations
[[Page 16148]]
of the gear restrictions and gear identification regulations.
Current Federal regulations at Sec. Sec. 660.381 through 660.384,
state that state regulations can be more restrictive than Federal
regulations. In order to emphasize this to the regulated public, a row
is being added to the trip limit tables stating that state trip limits
may be more restrictive than Federal trip limits, particularly in
waters off Oregon and California.
Language is being added in a row near the beginning of the trip
limit tables to clarify that Sec. Sec. 660.390 through 660.394 refer
to conservation areas, not just Sec. 660.390.
For the limited entry fixed gear and open access trip limits tables
south of 40[deg]10' N. lat. (Table 4 (South) and Table 5 (South)),
language is being added to clarify that RCA boundaries apply around
specific islands south of 34[deg]27' N. lat., as already stated in the
regulatory text in Sec. Sec. 660.391 through 660.394.
In addition, there are minor corrections to some coordinates for
the RCA boundaries approximating the 40 fm (73 m), 150 fm (274 m), and
200 fm (366 m) depth contours. These corrections prevent RCA boundaries
from crossing each other and better align the boundaries to their
respective depth contours.
Classification
These actions are taken under the authority of 50 CFR 660.370(c)
and are exempt from review under Executive Order 12866.
These actions are authorized by the Pacific Coast groundfish FMP
and its implementing regulations, and 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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest.
The data upon which these recommendations were based was provided to
the Pacific Council and the Pacific Council made its recommendations at
its March 6-11, 2005 meeting in Sacramento, CA. There was not
sufficient time after that meeting to draft this notice and undergo
proposed and final rulemaking before these actions need to be in effect
as explained below. For the actions to be implemented in this notice,
prior notice and opportunity for comment would be impracticable and
contrary to the public interest because affording the time necessary
for prior notice and opportunity for public comment would impede the
Agency's function of managing fisheries using the best available
science to approach without exceeding the OYs for federally managed
species. The adjustments to management measures in this document
include changes to the commercial and recreational groundfish
fisheries, including corrections and clarifications. Changes to the
limited entry fixed gear sablefish fishery's tier 1 limit and revisions
to the limited entry trawl language regarding more than one gear type
onboard a vessel must be implemented in a timely manner, and by the
time the tier season starts on April 1, 2005, so that harvest of
groundfish, including overfished species, stays within the harvest
levels projected for 2005 based on modeling and the most current catch
projections available. Changes to Oregon and California's recreational
fishery management measures to reduce the bag limits for certain
species must be implemented by April 1, 2005, the next recreational
fishery management month, in order to conform Federal and state
recreational regulations, to protect overfished groundfish species and
to keep the harvest of other groundfish species within the harvest
levels projected for 2005. Delaying any of these changes would result
in management measures that fail to use the best available science and
could lead to early closures of the fishery if harvest of groundfish
exceeds levels projected for 2005. This would be contrary to the public
interest because it 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.
NMFS has also provided corrections and clarifications to Federal
regulations that: correct mis-referenced sections of the regulations,
clarify for the public that the states may implement trip limits that
are more restrictive than those implemented by the Federal government;
correct the trip limit tables to properly reference conservation area
regulations as occurring in 660.390-660.394, not just in 660.390;
augment the trip limit tables with references to regulatory text
concerning RCA boundaries around islands; and correct mis-placed
coordinates for the 40 fm (73 m), 150 fm (274 m), and 200 fm (366 m)
depth contours. Affording an opportunity for prior notice and comment
on these corrections and clarifications is unnecessary because they are
not substantive changes to the regulations and contrary to the public
interest because they clarify regulations that might otherwise be
confusing to the public.
For these reasons, good cause also exists to waive the 30 day delay
in effectiveness requirement under 5 U.S.C. 553 (d)(3).
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: March 25, 2005.
Regina L. Spallone,
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 AND IN THE WESTERN
PACIFIC
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 660.302, in the definition of ``North-South management
area,'' paragraphs (2)(iii) through (2)(xxi) are redesignated as
paragraphs (2)(iv) through (2)(xxii) and a new paragraph (2)(iii) is
added to read as follows:
Sec. 660.302 Definitions.
* * * * *
(2) * * *
(iii) Pt. Chehalis, WA--46[deg]53.30' N. lat.
* * * * *
0
3. In Sec. 660.306, paragraphs (a)(3), (a)(5), (a)(8), and (h)(2) are
revised to read as follows:
Sec. 660.306 Prohibitions.
* * * * *
(a) * * *
(3) Falsify or fail to affix and maintain vessel and gear markings
as required by Sec. 660.305 or Sec. Sec. 660.382 and 660.383.
* * * * *
(5) Fish for groundfish using gear not authorized in this subpart
or in violation of any terms or conditions attached to an EFP under
Sec. 660.350 or part 600 of this chapter.
* * * * *
(8) Possess, deploy, haul, or carry onboard a fishing vessel
subject to this subpart a set net, trap or pot, longline, or commercial
vertical hook-and-line
[[Page 16149]]
that is not in compliance with the gear restrictions in Sec. Sec.
660.382 and 660.383, unless such gear is the gear of another vessel
that has been retrieved at sea and made inoperable or stowed in a
manner not capable of being fished. The disposal at sea of such gear is
prohibited by Annex V of the International Convention for the
Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
* * * * *
(h) * * *
(2) Operate any vessel registered to a limited entry permit with a
trawl endorsement and trawl gear on board in a Trawl Rockfish
Conservation Area or a Cowcod Conservation Area (as defined at Sec.
660.302), except for purposes of continuous transiting, with all
groundfish trawl gear stowed in accordance with Sec.
660.381(d)(4)(ii), or except as otherwise authorized in the groundfish
management measures published at Sec. 660.381(d)(4).
* * * * *
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4. In Sec. 660.372, the second to the last sentence in paragraph
(b)(3)(i) is revised to read as follows:
Sec. 660.372 Fixed gear sablefish fishery management.
* * * * *
(b) * * *
(3) * * *
(i) * * * For 2005, the following limits are in effect: Tier 1 at
64,000 lb (29,030 kg), Tier 2 at 29,100 lb (13,200 kg), and Tier 3 at
16,600 lb (7,530 kg). * * *
* * * * *
0
5. In Sec. 660.381, paragraph (c)(4)(i) is revised to read as follows:
Sec. 660.381 Limited entry trawl fishery management measures.
* * * * *
(c) * * *
(4) * * *
(i) North of 40[deg]10' N. lat., a vessel may have more than one
type of limited entry trawl gear on board, either simultaneously or
successively, during a cumulative limit period. If a vessel fishes
exclusively with selective flatfish trawl gear during an entire
cumulative limit period, then the vessel is subject to the selective
flatfish trawl gear cumulative limits during that limit period,
regardless of whether the vessel is fishing shoreward or seaward of the
RCA. If a vessel fishes exclusively with large or small footrope trawl
gear during an entire cumulative limit period, the vessel is subject to
the small or large footrope trawl gear cumulative limits and that
vessel must fish seaward of the RCA during that limit period. If more
than one type of bottom trawl gear (selective flatfish, large footrope,
or small footrope) is on board, either simultaneously or successively,
at any time during a cumulative limit period, then the most restrictive
cumulative limit associated with the bottom trawl gears on board during
that cumulative limit period applies for the entire cumulative limit
period, regardless of whether the vessel is fishing shoreward or
seaward of the RCA. Midwater trawl gear is allowed only for vessels
participating in the primary whiting season. On non-whiting trips
(defined as any fishing trip that takes, retains, possess, or lands
less than 10,000 lb (4,536 kg) of whiting), vessels with both large
footrope and midwater trawl gear on board during a trip are subject to
the large footrope limits while fishing with large footrope gear
seaward of the RCA.
* * * * *
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6. In Sec. 660.384, paragraphs (c)(2)(iii), and (c)(3)(ii)(B) are
revised to read as follows:
Sec. 660.384 Recreational fishery management measures.
* * * * *
(c) * * *
(2) * * *
(iii) Bag limits, size limits. The bag limits for each person
engaged in recreational fishing in the EEZ seaward of Oregon are two
lingcod per day, which may be no smaller than 24 in (61 cm) total
length; and 8 marine fish per day, which excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, 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 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.
* * * * *
(3) * * *
(ii) * * *
(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 1 may be greenling (kelp and/or other greenlings) and no
more than 1 may be cabezon. South of 40[deg]10' N. lat., within the 10
RCG Complex fish per day limit, no more than 1 may be bocaccio, no more
than 1 may be greenling (kelp and/or other greenlings) and no more than
1 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.
* * * * *
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7. In Sec. 660.391, paragraph (k)(23) is revised to read as follows:
Sec. 660.391 Latitude/longitude coordinates defining the 27 fm (49 m)
through 40 fm (73 m) depth contours.
* * * * *
(k) * * *
(23) 33[deg]28.90' N. lat., 118[deg]36.43' W. long.
* * * * *
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8. In Sec. 660.393, paragraphs (h)(234) through (h)(258) are
redesignated as paragraphs (h)(235) through (h)(259) and a new
paragraph (h)(234) is added to read as follows:
Sec. 660.393 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(h) * * *
(234) 36[deg]01.00' N. lat., 121[deg]36.95' W. long.
* * * * *
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9. In Sec. 660.394, paragraphs (f)(73) and (f)(142) are revised to
read as follows:
Sec. 660.394 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(f) * * *
(73) 46[deg]17.73' N. lat., 124[deg]39.58' W. long.
* * * * *
(142)40[deg]30.00' N. lat., 124[deg]38.58' W. long.
* * * * *
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10. In part 660, subpart G, Tables 3-5 are revised to read as follows:
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[FR Doc. 05-6323 Filed 3-29-05; 8:45 am]
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