Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments, 38596-38611 [05-13178]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Rules and Regulations]
[Pages 38596-38611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13178]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040830250-5062-03; I.D. 062705B]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Specifications and Management 
Measures; Inseason Adjustments

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

ACTION: Inseason adjustments; request for comments.

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SUMMARY: NMFS announces adjustments to management measures in the 
commercial Pacific Coast groundfish fishery. 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.

DATES: Effective 0001 hours (local time) July 1, 2005. Comments on this 
rule will be accepted through August 4, 2005.

ADDRESSES: You may submit comments, identified by I.D. 062705B, by any 
of the following methods:
     E-mail: GroundfishInseason3.nwr@noaa.gov. Include 062705B 
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; or Rod McInnis, 
Administrator, Southwest Region, NMFS, 501 West Ocean Blvd, Suite 4200, 
Long Beach, CA 90802-4213.
     Fax: 206-526-6736, Attn: Carrie Nordeen.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen (Northwest Region, 
NMFS), phone: 206-526-6144; fax: 206-526-6736; and e-mail: 
carrie.nordeen@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 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). The final rule was subsequently amended on March 18, 2005 (70 
FR 13118), March 30, 2005 (70 FR 16145), May 3, 2005 (70 FR 22808), May 
4, 2005 (70 FR 23040), May 5, 2005 (70 FR 23804), and May 19, 2005 (70 
FR 28852).
    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 June 12-17, 2005, meeting in Foster City, CA. The 
changes recommended by the Pacific Council are as follows: (1) increase 
the limited entry trawl trip limits for sablefish, longspine 
thornyhead, shortspine thornyhead, minor slope rockfish, and splitnose 
rockfish; (2) increase the limited entry fixed gear and open access 
limits for minor shelf rockfish, minor nearshore rockfish, and black 
rockfish; and (3) increase the open access bycatch limits for canary 
rockfish and yelloweye rockfish. Pacific Coast groundfish landings will 
be monitored throughout the year; 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 Trawl Fishery

    At the June meeting, the Pacific Council's Groundfish Management 
Team (GMT) reviewed the best available data on estimates of landed 
catch and total mortality for the limited entry trawl fishery. These 
data, which were complete through the end of April, were compared to 
catch and mortality estimates modeled for the trawl fishery and were 
used to update model predictions through the end of the year.
    Based on the Pacific Fishery Information Network's (PacFIN's) Quota 
Species Monitoring(QSM) data, groundfish landed catch and total 
mortality data were, in general, either similar to the total mortality 
estimated by the trawl bycatch model or were much lower than model 
projections. For example, the reported catch of Dover sole and petrale 
sole was within 10 percent of model predictions while the catch of 
longspine thornyhead was 59 percent less than predicted. The catch of 
slope rockfish is an exception, however, as landed catch estimates were 
63 percent higher than model predictions.
    The trawl bycatch model was updated with these most recent landed 
catch and total mortality estimates and was used to predict groundfish 
catch levels for the remainder of the year. Based on model results, the 
catch of Dover sole, petrale sole, and shortspine thornyhead is 
predicted to achieve their respective OYs by the end of the year. The 
catch of overfished species is not predicted to exceed their rebuilding 
OYs. Additionally, if current limited entry trawl trip limits and 
rockfish conservation area (RCA) boundaries remain unchanged, the trawl 
bycatch models predicts that the catch of longspine thornyhead, 
sablefish, and slope rockfish will be significantly less than their 
respective OYs.
    The GMT discussed inseason adjustments to allow fisheries for slope 
rockfish, sablefish, and longspine thornyhead to be prosecuted more 
effectively. One option to allow access to these species would have 
been to decrease the size of the trawl RCA, in the area between the 
U.S./Canada border and 40[deg]10' N. lat., by moving the westward 
boundary of the trawl RCA boundary from specific latitude and longitude 
coordinates approximating the 200-fm (366-m) depth contour to 
coordinates approximating the 180-fm (329-m) depth contour. Because 
this inseason adjustment has the potential of increasing the incidental 
catch of darkblotched rockfish during summer months, the GMT decided 
against recommending a decrease in the size of the trawl RCA. The GMT 
also analyzed

[[Page 38597]]

increasing limited entry trawl trip limits and recommended that the 
Pacific Council consider modest increases for certain species in order 
to allow greater harvest opportunities while keeping catch within 
groundfish OYs.
    The Pacific Council considered and adopted the GMT's 
recommendations and NMFS is implementing these limited entry trawl trip 
limit increases. The following limited entry trawl trip limit increases 
apply to the area between the U.S./Canada border and 40[deg]10' N. lat. 
The limited entry trawl large and small footrope sablefish trip limit 
is increased from 17,000 lb (7,711 kg) per 2 months to 18,000 lb (8,165 
kg) per 2 months during July through October and from 8,000 lb (3,629 
kg) per 2 months to 13,000 lb (5,897 kg) per 2 months for November and 
December. The limited entry trawl selective flatfish sablefish trip 
limit is increased from 10,000 lb (4,536 kg) per 2 months to 15,000 lb 
(6,804 kg) per 2 months during July through October and from 1,500 lb 
(680 kg) per 2 months to 10,000 lb (4,536 kg) per 2 months for November 
and December. The limited entry trawl selective flatfish longspine 
thornyhead trip limit is increased from 1,000 lb (454 kg) per 2 months 
to 8,000 lb (3,629 kg) per 2 months during July through October and 
from 1,000 lb (454 kg) per 2 months to 2,000 lb (907 kg) per 2 months 
for November and December. The limited entry trawl large and small 
footrope shortspine thornyhead trip limit is increased from 4,900 lb 
(2,223 kg) per 2 months to 5,200 lb (2,359 kg) per 2 months during July 
through October and from 3,500 lb (1,588 kg) per 2 months to 3,700 lb 
(1,678 kg) per 2 months for November and December. Additionally, the 
limited entry trawl selective flatfish shortspine thornyhead trip limit 
is increased from 3,000 lb (1,361 kg) per 2 months to 4,000 lb (1,814 
kg) per 2 months during July through October and from 1,000 lb (454 kg) 
per 2 months to 2,000 lb (907 kg) per 2 months for November and 
December.
    For the area between 40[deg]10' N. lat. and 38[deg] N. lat., the 
limited entry trawl minor slope rockfish and splitnose trip limit is 
increased from 8,000 lb (3,629 kg) per 2 months to 20,000 lb (9,072 kg) 
per 2 months during July and August.
    The following limited entry trawl trip limit increases apply to the 
area between 40[deg]10' N. lat. and the U.S./Mexico border. The limited 
entry trawl sablefish trip limit is increased from 14,000 lb (6,350 kg) 
per 2 months to 16,000 lb (7,258 kg) per 2 months for the remainder of 
the year. Additionally, the limited entry trawl shortspine thornyhead 
trip limit is increased from 4,200 lb (1,905 kg) per 2 months to 4,600 
lb (2,087 kg) per 2 months for the remainder of the year.
    These trip limit increases are designed to allow the harvest of 
slope species to approach, but not exceed, their OYs. When compared to 
status quo management, these modest increases are predicted to result 
in only small amounts of additional overfished species catch above 
catch levels currently predicted for the fishery. The fishery is 
proceeding at a lower harvest rate than NMFS had predicted at the start 
of 2005. Therefore, the increased harvest opportunities provided in 
this notice are expected to keep overall harvest within allowable 2005 
levels. Groundfish catch levels will continue to be monitored 
throughout the year and further inseason adjustments will be made if 
catch is predicted to exceed any groundfish OY.

Limited Entry Fixed Gear and Open Access

    The Pacific Council received three trip limit increase requests, 
one from the limited entry fixed gear fleet and two from the open 
access fishery fleet, and considered these requests at its June 
meeting. The request from the limited entry fixed gear fleet was to 
increase minor shelf rockfish limits in the area between 34[deg]27' N. 
lat. and the U.S./Mexico border from 2,000 lb (907 kg) per 2 months to 
5,000 lb (2,268 kg) per 2 month for the remainder of the year.
    Because landed catch estimates of shelf rockfish are generally 
tracking lower than predicted through the end of April and total 
mortality estimates of overfished species are not yet a concern this 
year, the GMT discussed and analyzed an increase in the limited entry 
fixed gear limit for minor shelf rockfish. Cowcod, an overfished 
species, can be incidentally encountered in the area south of 
34[deg]27' N. lat. and particularly in waters 40 fm (73 m) to 60 fm 
(110 m) in depth. For the area south of 34[deg]27' N. lat., the 
shoreward boundary of the non-trawl RCA is a series of specific 
latitude and longitude coordinates that approximate the 60 fm (110 m) 
depth contour; therefore, fishing effort may have become concentrated 
in areas between 40 fm (73 m) and 60 fm (110 m). Few groundfish 
observer data exist for the limited entry fixed gear sector in this 
area of the coast, so the GMT was unable to predict the increased 
amount of cowcod catch that may be associated with the trip limit 
increase from 2,000 lb (907 kg) per 2 months to 5,000 lb (2,268 kg) per 
two months. After discussing the potential effects of such an increase, 
the GMT recommended to the Pacific Council that a smaller trip limit 
increase, one that increased limits to 3,000 lb (1,361 kg) per 2 
months, would be more risk averse and could be accommodated more 
easily. The Pacific Council considered and adopted the GMT's 
recommendation and NMFS is implementing an increase to the limited 
entry fixed gear minor shelf rockfish limit, for the area between 
34[deg]27' N. lat. and the U.S./Mexico border, from 2,000 lb (907 kg) 
per 2 months to 3,000 lb (1,361 kg) per 2 months for the remainder of 
the year.
    One of the trip limit requests from the open access fleet was also 
regarding the minor shelf rockfish limit. The request addressed the 
open access minor shelf rockfish limit from 500 lb (227 kg) per 2 
months to 1,000 lb (454 kg) per 2 months. For reasons discussed 
previously, the GMT discussed the potential for additional incidental 
catch of cowcod associated with this requested trip limit increase. The 
GMT also considered whether this trip limit increase could result in 
unanticipated effort shifts, given the high value of certain nearshore 
species. Without a better understanding of how this increase may affect 
effort in the open access fishery, the GMT did not believe that this 
increase could be accommodated. To address equity between limited entry 
fixed gear and open access fisheries, the GMT considered an open access 
increase similar to one implemented for the limited entry fixed gear 
minor shelf rockfish trip limit. A more moderate minor shelf rockfish 
increase, from 500 lb (227 kg)per 2 months to 750 lb (340 kg)per 2 
months, is more risk averse than the initial request and could be 
accommodated without conservation concerns. Therefore, the Pacific 
Council recommended and NMFS is implementing an increase to the open 
access minor shelf rockfish limit, in the area between 34[deg]27' N. 
lat. and the U.S./Mexico border, from 500 lb (227 kg) per 2 months to 
750 lb (340 kg) per 2 months for the remainder of the year.
    The second request from the open access fleet was to increase black 
rockfish limits in the area between 42[deg] N. lat. and 40[deg]0' N. 
lat. The catch of black rockfish through the end of April has been 
lower than predicted. To provide additional access to black rockfish, 
the GMT considered increasing the minor nearshore rockfish and black 
rockfish limit and determined that a modest increase could be 
accommodated without conservation concerns. Again, to address equity 
between the limited entry fixed gear and open access fleets, a similar 
increase will apply to the limited entry fixed gear fishery. Therefore 
the Pacific Council

[[Page 38598]]

recommended and NMFS is implementing an increase to the limited entry 
fixed gear and open access minor nearshore rockfish and black rockfish 
limit, in the area between 42[deg] N. lat. and 40[deg]10' N. lat., from 
5,000 lb (2,268 kg)per 2 months, no more than 1,200 lb (544 kg) of 
which may be species other than black or blue rockfish, to 6,000 lb 
(2,722 kg) per 2 months, no more than 1,200 lb (544 kg) of which may be 
species other than black or blue rockfish. As mentioned previously, 
these trip limit increases are designed to allow the harvest of 
rockfish species to approach, but not exceed, their OYs. These modest 
increases are not predicted to result in additional catch of any 
overfished species. Groundfish catch levels will continue to be 
monitored throughout the year and further inseason adjustments will be 
made if catch is predicted to exceed any groundfish OY.

Open Access Bycatch Limits

    In May, NMFS implemented an emergency rule (70 FR 23804, May 5, 
2005) to establish bycatch limits for two overfished species, canary 
rockfish and yelloweye rockfish, in the directed open access fishery. 
This rule was prompted by the possibility of an unanticipated effort 
increase in the directed open access fishery and the potential effect 
this unanticipated effort could have had on the total catch of canary 
rockfish and yelloweye rockfish. The rebuilding OYs of both canary 
rockfish and yelloweye rockfish are constraining factors for the 
Pacific Coast groundfish fishery. If the total catch of either of these 
species was higher than predicted, for any sector of the fishery, it 
could have severe consequences for the entire groundfish fishery. As a 
precautionary measure to keep catch within projected levels, NMFS 
implemented bycatch limits of 1.0 mt of canary rockfish and 0.6 mt of 
yelloweye rockfish for the directed open access fishery. If either of 
these bycatch limits is reached, the open access groundfish fishery 
would be constrained to incidental landings levels, such that fishery 
participants would be subject to a 200 lb (91 kg) per month trip limit 
for all groundfish species, except Pacific whiting.
    The bycatch limits for the canary rockfish and yelloweye rockfish 
were based on the GMT's bycatch scorecard, a tool for tracking 
reported, as well as projected, catch of overfished species throughout 
the year. At the Pacific Council's June meeting, the bycatch scorecard 
was updated with catch estimates from the open access fishery. This 
update revised bycatch scorecard projections of catch in the open 
access fishery through the end of the year. Based on updated and 
revised projections, the open access bycatch limits for canary rockfish 
and yelloweye rockfish will be increased. The Pacific Council 
recommended and NMFS is implementing an increase to the open access 
canary rockfish bycatch limit from 1.0 mt to 3.0 mt and an increase to 
the open access yelloweye rockfish bycatch limit from 0.6 mt to 3.0 mt. 
These bycatch limits are designed to keep the open access catch of 
canary and yelloweye rockfish within projected catch levels and to 
prevent higher than anticipated catch of these species from 
constraining, perhaps significantly, the harvesting opportunities of 
the limited entry fisheries for the remainder of the year. As described 
above, if either of these bycatch limits is reached, the open access 
groundfish fishery would be constrained to a 200 lb (91 kg) per month 
trip limit for all groundfish species, except Pacific whiting.

Clarification

    The specifications and management measures for 2005-2006 were 
codified in the CFR (50 CFR Part 660, 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). During this 
process, a 2005 commercial harvest guideline of 90.9 mt was set for 
darkblotched rockfish. After 2005 projected research catch (3.8 mt) and 
the 2005 commercial harvest guideline were subtracted from the 
darkblotched rockfish acceptable biological catch (ABC)/OY of 269 mt, a 
darkblotched rockfish residual amount of 174.3 mt was left over to be 
used as necessary during the 2005 fishing year. The GMT anticipates 
that the darkblotched rockfish commercial harvest guideline of 90.9 mt 
will likely be achieved some time this summer or early fall. Because 
darkblotched rockfish is an important slope species and constraining 
the fishery to the darkblotched rockfish harvest guideline would result 
in severe economic consequences, the GMT and the Pacific Council 
recommended using some of the 174.3 mt residual to allow for continued 
fishing seaward of the RCA throughout the year. Because such an action 
is not anticipated to result in exceeding the darkblotched rockfish 
ABC/OY or the OY of any other groundfish species, NMFS concurs with 
this recommendation.
    This inseason action also clarifies the limited entry trawl large 
and small footrope trip limit for Pacific whiting during the whiting 
primary season, 10,000 lb (4,536 kg) per trip, in Table 3 (North) and 
Table 3 (South).

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 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 were provided to 
the Pacific Council and the Pacific Council made its recommendations at 
its June 12-17, 2005, meeting in Foster City, 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.
    The adjustments to groundfish management measures in this document 
are trip limit increases for the limited entry and open access 
fisheries and increases to open access bycatch limits. These 
adjustments to fishery management measures must be implemented by July 
1, 2005, the start of the next cumulative limit period, to keep the 
harvest of groundfish species within the projected harvest levels for 
2005 and encourage the OY attainment for certain commercially important 
target species. Additionally, increases to bycatch limits for two 
overfished species whose catch constrains the directed open access 
fishery will provide additional fishing opportunity for open access 
fisheries. Delaying any of these increases would be contrary to the 
public interest, because doing so could jeopardize achieving FMP 
management objectives, specifically the goals to maximize the value of 
the groundfish resource, achieve the maximum biological yield of the 
overall groundfish fishery, and promote year-round availability of 
quality seafood to the consumer.
    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,

[[Page 38599]]

Indians, Northern Mariana Islands, Reporting and recordkeeping 
requirements.

    Dated: June 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

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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.  660.383, paragraph (f) is revised to read as follows:


Sec.  660.383  Open access fishery management measures.

* * * * *
    (f) 2005 bycatch limits in the directed open access fishery. 
Bycatch limits for the directed open access fishery may be used 
inseason to reduce overall groundfish trip limits to incidental levels 
to achieve the rebuilding of an overfished or depleted stock, under 
routine management measure authority at Sec.  660.370(c)(1)(ii). These 
limits are routine management measures under Sec.  660.370(c)(1)(ii) 
and, as such, may be adjusted inseason or may have new species added to 
the list of those with bycatch limits. For 2005, the directed open 
access fishery bycatch limits are 3.0 mt of canary rockfish and 3.0 mt 
of yelloweye rockfish. Under automatic action authority at Sec. 
660.370(d), if either of these limits is reached, groundfish trip 
limits will be reduced to an incidental level. Under this authority, 
reducing groundfish trip limits to an incidental level means that any 
vessel operating off the West Coast that is not registered for use with 
a limited entry permit will be constrained to a trip limit for all 
groundfish, excluding Pacific whiting of no more than 200 lb(90.7 kg) 
per month.
* * * * *

0
3. In part 660, subpart G, Tables 3-5 are revised to read as follows:
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[FR Doc. 05-13178 Filed 6-29-05; 2:56 pm]
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