Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments, 58066-58083 [05-19986]
Download as PDF
<![CDATA[
58066
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
of Insurance for Public Liability, to
incorporate several changes, most of
which were suggested to clarify the
meaning of Form MCS–90. The
Trucking Industry Defense Association
(TIDA) filed a brief in support of the
petition. A copy of the petition,
amendments to the petition and the
TIDA brief are in the docket identified
in the heading of this document. The
petitioners contended changes were
necessary in light of Federal and State
court decisions 1 that they claimed
misconstrued Form MCS–90 to require
insurance companies to pay damages for
negligent operation of a vehicle owned
by the insured motor carrier but not
covered by its insurance policy, even
when no judgment had been obtained
against the insured motor carrier. The
Petitioners’ primary concern was to
have the agency clarify that the word
‘‘insured’’ in the Form MCS–90 means
‘‘named insured.’’
FMCSA has denied the petition for
rulemaking. However, the agency stated
petitioners’ concerns could be
adequately addressed without
rulemaking through formal agency
guidance to be published in the Federal
Register. A copy of the letter denying
the petition is in the docket identified
in the heading of this document.
FMCSA Authorities Over Motor Carrier
Financial Responsibility Requirements
Section 30 of the Motor Carrier Act of
1980 (Pub. L. 96–296, July 1, 1980, 94
Stat. 793, at 820), codified at 49 U.S.C.
31139, established minimum levels of
financial responsibility for for-hire
motor carriers of property involved in
interstate or foreign transportation and
for the transportation of hazardous
materials in intrastate and interstate
commerce.
Section 18 of the Bus Regulatory
Reform Act of 1982 (Pub. L. 97–261,
September 20, 1982, 96 Stat. 1102),
codified at 49 U.S.C. 31138, established
minimum levels of financial
responsibility covering public liability
and property damage for the
transportation of passengers by for-hire
motor carriers in interstate or foreign
commerce.
The financial responsibility
provisions of the Motor Carrier Act of
1980 and the Bus Regulatory Reform Act
of 1982 were intended to create
incentives for the motor carrier industry
to focus on the safety aspects of
1 John Deere Insurance Co. v. Nueva, 229 F.3d
853 (9th Cir. 2000); Lynch v. Yob, 95 Ohio St. 3d
441, 768 NE. 2d 1158 (2002); Pierre v. Providence
Wash. Ins. Co., 286 A.D.2d 139, 730 N.Y.S.2d 550
(2001); and Madere v. National Union Fire Ins. Co.
of Pittsburgh, 2000 U.S. Dist. LEXIS 15994 (E.D. La.
2000).
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
highway transportation and to assure
the general public that a motor carrier
maintains an adequate level of financial
responsibility sufficient to satisfy claims
covering public liability, property
damage liability and, in the case of
transporters of hazardous materials,
environmental restoration liability.
The Administrator of FMCSA has
been delegated authority, under 49 CFR
1.73(f), to carry out the functions vested
in the Secretary of Transportation
relating to financial responsibility
requirements for motor carriers, brokers
and freight forwarders. Such functions
include issuing regulations
implementing 49 U.S.C. 31138 and
31139 and providing guidance regarding
statutory or regulatory requirements.
This document provides regulatory
guidance to the petitioners and the
public with respect to the proper
interpretation of Form MCS–90. FMCSA
is including Forms MCS–90B, MCS–82,
and MCS–82B in this regulatory
guidance as well, because the same
issue may arise with respect to these
forms. Forms MCS–90, MCS–90B, MCS–
82, and MCS–82B are not intended, and
do not purport, to require insurance
companies or sureties to satisfy a
judgment against any party other than
the motor carrier named in the
endorsement or its fiduciary.
Members of the motor carrier industry
and other interested parties may also
access the guidance in this document
through the FMCSA’s Internet site at
https://www.fmcsa.dot.gov.
Specific questions addressing any of
the interpretive material published in
this document should be directed to the
contact person listed earlier under FOR
FURTHER INFORMATION CONTACT, or the
FMCSA Division Office in each State.
intended, and do not purport, to require
a motor carrier’s insurer or surety to
satisfy a judgment against any party
other than the carrier named in the
endorsement or surety bond or its
fiduciary.
Section 387.39 Forms
Question: Does the term ‘‘insured,’’ as
used on Form MCS–90B, Endorsement
for Motor Carrier Policies of Insurance
for Public Liability, or ‘‘Principal’’, as
used on Form MCS–82B, Motor Carrier
Public Liability Surety Bond, mean the
motor carrier named in the endorsement
or surety bond?
Guidance: Yes. Under 49 CFR 387.29,
‘‘insured and principal’’ is defined as
‘‘the motor carrier named in the policy
of insurance, surety bond, endorsement,
or notice of cancellation, and also the
fiduciary of such motor carrier.’’ Form
MCS–90B and Form MCS–82B are not
intended, and do not purport, to require
a motor carrier’s insurer or surety to
satisfy a judgment against any party
other than the carrier named in the
endorsement or surety bond or its
fiduciary.
Issued on: September 28, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05–19946 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 040830250–5062–03; I.D.
093005A]
PART 387—MINIMUM LEVELS OF
FINANCIAL RESPONSIBILITY FOR
MOTOR CARRIERS
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Specifications and
Management Measures; Inseason
Adjustments
Sections Interpreted
AGENCY:
Section 387.15 Forms
Question: Does the term ‘‘insured,’’ as
used on Form MCS–90, Endorsement for
Motor Carrier Policies of Insurance for
Public Liability, or ‘‘Principal’’, as used
on Form MCS–82, Motor Carrier
Liability Surety Bond, mean the motor
carrier named in the endorsement or
surety bond?
Guidance: Yes. Under 49 CFR 387.5,
‘‘insured and principal’’ is defined as
‘‘the motor carrier named in the policy
of insurance, surety bond, endorsement,
or notice of cancellation, and also the
fiduciary of such motor carrier.’’ Form
MCS–90 and Form MCS–82 are not
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.
Regulatory Guidance
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason adjustments to
management measures; request for
comments.
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
Effective 0001 hours (local time)
October 1, 2005. Comments on this rule
will be accepted through November 4,
2005.
DATES:
You may submit comments,
identified by 093005A by any of the
following methods:
• E-mail:
GroundfishInseason4.nwr@noaa.gov.
Include I.D. number 093005A in the
subject line of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 206–526–4646, Attn: Jamie
Goen.
• Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, Attn: Jamie Goen, 7600 Sand
Point Way NE., Seattle, WA 98115–
0070.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jamie Goen (Northwest Region, NMFS),
phone: 206–526–6140; 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 Web site at: https://
www.gpoaccess.gov/fr/.
Background information and
documents are available at the NMFS
Northwest Region Web site at: https://
www.nwr.noaa.gov/1sustfsh/
gdfsh01.htm and at the Pacific Fishery
Management Council’s Web site at:
https://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
660, subpart G). They were 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); April 19, 2005 (70 FR
20304); May 3, 2005 (70 FR 22808); May
4, 2005 (70 FR 23040); May 5, 2005 (70
FR 23804); May 16, 2005 (70 FR 25789);
May 19, 2005 (70 FR 28852); July 5,
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
2005 (70 FR 38596); and August 31,
2005 (70 FR 51682).
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 September 19–23, 2005, meeting in
Portland, OR. The changes
recommended by the Pacific Council
include: (1) Changes to the trawl
Rockfish Conservation Areas (RCAs) for
limited entry trawl fisheries, (2) changes
to the limited entry trawl trip limits for
‘‘other flatfish,’’ petrale sole, English
sole, arrowtooth flounder, minor slope
rockfish, darkblotched rockfish,
splitnose rockfish, and to the limits for
Dover sole, longspine thornyhead,
shortspine thornyhead and sablefish
(DTS), (3) an increase to the bycatch
limit for widow rockfish in the whiting
fishery, (4) changes to the limited entry
fixed gear and open access daily trip
limits for sablefish, (5) changes to
Washington’s recreational groundfish
fishery RCA, and (6) changes to
Oregon’s recreational groundfish fishery
bag limits. Pacific Coast groundfish
landings will be monitored throughout
the year, and further adjustments to
other trip limits or management
measures will be made as necessary to
allow achievement of, or to avoid
exceeding, optimum yields (OYs).
Limited Entry Trawl RCA Changes
A review of Pacific Fisheries
Information Network (PacFIN) Quota
Species Monitoring (QSM) data shows
that the catch of petrale sole is quickly
approaching its optimum yield (OY),
which is set equal to the acceptable
biological catch (ABC) in 2005. As of
September 16, 2005, QSM data indicate
that the total non-tribal petrale sole
catch is 2,552 mt out of a combined
tribal/non-tribal ABC/OY of 2,762 mt.
Because petrale sole is already
approaching its ABC/OY in September,
a winter petrale sole fishery in
November and December (Period 6)
cannot be accommodated. Additionally,
the catch of canary rockfish in the
limited entry bottom trawl fishery has
exceeded the 8.0 mt of canary rockfish
projected for the year for this fishery in
the bycatch scorecard by 1.5 mt.
NMFS has been monitoring the
limited entry trawl fishery throughout
the year, and sent out a public notice on
July 27, 2005 (NMFS–SEA–05–05) to
notify the public that petrale sole and
canary rockfish take in the limited entry
bottom trawl fleet was higher than had
been expected. NMFS also alerted the
public that the agency might have to
take action to slow the catch of these
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
58067
species to keep total catch within their
ABC and/or harvest guidelines and
requested that the harvesting and
processing communities take voluntary
action to slow their catch rates. While
the harvesting and processing
communities have slowed catch
somewhat, voluntary action alone is not
enough, in this case, to keep total catch
of petrale sole and canary rockfish
within harvest limits for 2005.
In order to further reduce the take of
canary rockfish and petrale sole in the
trawl fishery, the Pacific Council
recommended modifying the trawl RCA
and reducing trip limits for DTS and
flatfish species (see following section on
Limited Entry Trawl Trip Limit
Adjustments). For the trawl RCA, the
Pacific Council recommended
increasing the size of the area closed to
fishing with trawl gear by modifying the
seaward boundary of the trawl RCA to
be at a boundary line approximating the
250-fm (457-m) depth contour
coastwide. In order to further reduce the
take of petrale sole in the trawl fishery,
the Pacific Council recommended
modifying the shoreward boundary of
the trawl RCAs to be at the shoreline
north of 36° N. lat. and be at a boundary
line approximating the 50-fm (91-m)
depth contour south of 36° N. lat. This
allows for more opportunities in areas
south of 36° N. lat., where canary
rockfish and petrale sole encounters are
minimal, than in the north.
However, implementation of a
boundary line approximating the 250-fm
(457-m) depth contour south of 38° N.
lat. to the U.S./Mexico border is not
possible through an inseason action
because coordinates do not exist in
Federal regulations for that line. In
keeping with the Pacific Council’s
intent to increase the size of the trawl
RCA to protect petrale sole and canary
rockfish in general, and, in this case, to
move the seaward boundary of the trawl
RCA to protect petrale sole, the next
closest RCA boundary line for this area
with coordinates published in Federal
regulations is a boundary line
approximating the 200-fm (366-m)
depth contour. Because there is catch of
petrale between 200-fm (366-m) and
250-fm (457-m) in this area, NMFS
expects that this change alone will not
keep total catch of petrale sole within
the ABC/OY for petrale, thus NMFS is
also prohibiting the retention of petrale
sole in this area during October as
explained below in the following
section titled ‘‘ Limited Entry Trawl
Trip Limit Adjustments.’’ This
combination of measures gets the
management scheme as close as possible
to what was recommended by the
Pacific Council.
E:\FR\FM\05OCR1.SGM
05OCR1
58068
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
While the open access non-groundfish
fisheries have historically been subject
to the same trawl RCA boundaries as
limited entry trawl fisheries, the open
access non-groundfish trawl fisheries
only encounter minimal amounts of
petrale sole and Dover sole. For
example, 2004 fishticket data from the
California halibut fishery shows a total
of 150 lb (68 kg) of petrale sole landed
between October and December in the
area between 40°30′ N. lat. and 36° N.
lat. In addition, the catch of canary
rockfish in the open access nongroundfish trawl fisheries has already
been accounted for in the bycatch
scorecard separately from the limited
entry trawl fishery, and are projected to
take 0.1 mt for the year. Therefore, the
non-groundfish trawl RCA for the open
access non-groundfish trawl fisheries
has not been adjusted to reflect changes
in what has generally been called the
‘‘trawl RCA.’’
Therefore, the Pacific Council
recommended and NMFS is
implementing the following inseason
changes to be effective October through
December:
1. Between the U.S./Canada border
and 36° N. lat., move the shoreward
boundary of the limited entry trawl RCA
from a boundary line approximating
100-fm (183-m) to the shoreline in
October, and from a boundary line
approximating 75-fm (137-m) to the
shoreline in November and December;
2. Between 36° N. lat. and the U.S./
Mexico border, move the shoreward
boundary of the limited entry trawl RCA
from a boundary line approximating
100-fm (183-m) to a boundary line
approximating 50-fm (91-m) in October,
and from a boundary line approximating
75-fm (137-m) to a boundary line
approximating 50-fm (91-m) in
November and December;
3. Between the U.S./Canada border
and 40°10′ N. lat., move the seaward
boundary of the limited entry trawl RCA
from a boundary line approximating
200-fm (366-m) to a boundary line
approximating 250-fm (457-m) in
October, and from a boundary line
approximating 200-fm (366-m), as
modified to accommodate petrale
fishing, to a boundary line
approximating 250-fm (457-m)(not
modified to accommodate petrale
fishing) in November and December;
and
4. Between 40°10′ N. lat. and 38° N.
lat., move the seaward boundary of the
limited entry trawl RCA from a
boundary line approximating 150-fm
(274-m) to a boundary line
approximating 250-fm (457-m) in
October through December.
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
In addition, as explained above,
NMFS is implementing something
different than what the Pacific Council
recommended for the seaward boundary
of the limited entry trawl RCA south of
38° N. lat. NMFS is implementing the
following inseason changes to be
effective October through December,
2005:
5. Between 38° N. lat. and the U.S./
Mexico border, move the seaward
boundary of the limited entry trawl RCA
from a boundary line approximating
150-fm (274-m) to a boundary line
approximating 200-fm (366-m) in
October through December; and
6. Between 34°27′ N. lat. and the U.S./
Mexico border, move the seaward
boundary of the limited entry trawl RCA
around islands from a boundary line
approximating 150-fm (274-m) to a
boundary line approximating 200-fm
(366-m) in October through December.
Limited Entry Trip Limit Adjustments
(Note: The analysis and projections in the
discussion below were based on
recommendations given at the Pacific
Council meeting when the seaward boundary
of the limited entry trawl RCA south of 38°
N. lat. was assumed to be at 250-fm.)
The limited entry trawl trip limits for
DTS, ‘‘other flatfish,’’ petrale sole,
English sole, arrowtooth flounder,
minor slope rockfish, darkblotched
rockfish and splitnose rockfish are
adjusted based on observer data,
logbook data, current fish ticket
landings data from PacFIN and on
analysis using the trawl model.
As mentioned previously under the
‘‘Limited Entry Trawl RCA Changes,’’
fishticket landings data from PacFIN
through mid-September in 2005 were
reviewed at the Pacific Council meeting.
Compared to trawl model projections for
2005, landings for petrale sole and
Dover sole were higher than what had
been projected in the trawl model.
Higher landings of petrale sole and
Dover sole are of particular concern,
because access to flatfish stocks is
substantially more liberal than in recent
years, and these species were initially
modeled to achieve their respective
OYs. While flatfish trip limits were
initially reduced through the May 4,
2005 inseason action (70 FR 23040),
further reductions are necessary to slow
the catch of flatfish species through the
end of the year.
Trip limits for petrale sole will be
substantially reduced in November and
December (Period 6), with the intent to
discourage targeting but allow
incidental catch in the DTS fishery to
minimize discard. This reduction
combined with the limited entry trawl
RCA changes recommended at the
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
Pacific Council meeting, is projected to
keep petrale sole catch within its ABC/
OY for the year (2,748 mt predicted to
be caught out of an ABC/OY of 2,762
mt).
Trip limits for DTS are also adjusted
to slow the catch of Dover sole while
still allowing some targeting. While trip
limits for sablefish and thornyheads
were increased for some trawl gear types
in some areas through the July 5, 2005
inseason changes (70 FR 38596), trip
limits for DTS in all areas are generally
being reduced in November and
December. Because there is no area open
to trawl fishing shoreward of the trawl
RCA north of 40°10′ N. lat., all gear
types will have the same trip limits
seaward of the trawl RCA in November
and December. Therefore, Dover sole
trip limits in November and December
(period 6) are being increased from
previously scheduled limits for fishers
using selective flatfish trawl gear and
decreased from previously scheduled
limits for fishers using small or large
footrope trawl gear, so the trip limits for
all gear types will be the same.
In addition, the Dover sole trip limit
north of 40°10′ N. lat. will be increased
slightly for the September and October
cumulative limit period (period 5).
Because the trawl RCA in this area will
extend between the shoreline and a
boundary line approximating the 250-fm
(457-m) depth contour beginning in
October (the middle of a cumulative
limit period), the Dover sole trip limit
is increased to make the trip limits for
all trawl gear, including selective
flatfish trawl gear, match. Previously,
fishers who used selective flatfish trawl
gear to catch Dover sole shoreward of
the RCA had a higher trip limit (35,000
lb (15.9 mt) as opposed to 30,000 lb
(13.6 mt) seaward of the trawl RCA).
This differential trip limit was intended
to encourage fishers to use selective
flatfish trawl gear which has been
shown to have lower incidental catch of
overfished groundfish species. Thus, by
increasing the Dover sole trip limit for
all trawl gears to match the highest trip
limit allowed during Period 5, fishers
who have previously used selective
flatfish trawl gear shoreward of the RCA
will not be restricted to that lower limit
when fishing seaward of the trawl RCA
for the remainder of Period 5.
Trip limits for the ‘‘other flatfish’’
complex, English sole and arrowtooth
flounder will also be reduced in Period
6 to reduce the take of Dover sole, a cooccurring flatfish species.
All of these changes, the reduction in
DTS trip limits during Period 6, the
increase in the Dover sole trip limit
north of 40°10′ N. lat. during Period 5,
and the reduction in flatfish trip limits,
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
are projected to keep catch of DTS
species within their OYs for the year
(Dover sole: projected limited entry
trawl take is 7,431 mt out of an OY of
7,476 mt; longspine thornyhead: 696 mt
out of an OY of 2,646 mt; shortspine
thornyhead: 723 mt out of an OY of 999
mt; and sablefish: 2,429 mt out of an OY
of 7,761 mt).
Trip limits for minor slope rockfish/
darkblotched rockfish and splitnose
rockfish between 40°10′ N. lat. and 38°
N. lat. will also be reduced in Period 6
to reduce the take of Dover sole and
petrale sole, species which co-occur
with these slope rockfish. In addition,
with the seaward boundary of the trawl
RCA moving out to a boundary line
approximating the 250-fm (457-m)
depth contour, the likelihood of
catching these species decreases.
As previously discussed in the section
on ‘‘Limited Entry Trawl RCA
Changes,’’ the Pacific Council
recommended that NMFS implement a
seaward limited entry trawl RCA
boundary line approximating the 250-fm
(457-m) depth contour coastwide in
order to nearly eliminate the catch of
petrale sole. However, NMFS is not able
to implement this line south of 38° N.
lat. to the U.S./Mexico border because
there are no coordinates for this line in
Federal regulations. Therefore, in order
to implement the intent of the Pacific
Council recommendation as much as
possible, NMFS is implementing a
boundary line approximating the 200-fm
(366-m) depth contour and a prohibition
on the retention of petrale sole in this
area. Because there is catch of petrale
between 200-fm (366-m) and 250-fm
(457-m), including some targeting on
petrale sole, moving the RCA boundary
line from 150-fm (274-m) to 200-fm
(366-m) for October through December
will likely not keep total catch of petrale
sole within its ABC/OY for the year. A
reduction of the petrale sole trip limit
during the middle of a cumulative trip
limit period (in this case, September
through October) is not possible for
enforcement reasons. Therefore, in
addition to the line change, NMFS is
also implementing a prohibition on the
retention of petrale sole between 38° N.
lat. and the U.S./Mexico border during
the month of October in order to prevent
targeting on petrale sole. During
November and December, the Pacific
Council recommendation of decreasing
the trip limit for petrale sole to 2,000 lb
(0.9 mt) per 2 months is sufficient to
allow retention of incidentally caught
petrale sole while not encouraging
targeting.
Therefore, the Pacific Council
recommended and NMFS is
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
implementing the following inseason
adjustments:
1. North of 40°10′ N. lat., with large
and small footrope trawl gear, increase
Dover sole trip limits from 30,000 lb
(13.6 mt) per 2 months to 35,000 lb (15.9
mt) per 2 months in Period 5
(September through October);
2. North of 40°10′ N. lat., with large
and small footrope trawl gear, decrease
Dover sole trip limits from 22,000 lb
(10.0 mt) per 2 months to 20,000 lb (9.1
mt) per 2 months, decrease shortspine
thornyhead trip limits from 3,700 lb (1.7
mt) per 2 months to 3,500 lb (1.6 mt) per
2 months, decrease longspine
thornyhead trip limits from 15,000 lb
(6.8 mt) per 2 months to 7,000 lb (3.2
mt) per 2 months, and decrease
sablefish trip limits from 13,000 lb (5.9
mt) per 2 months to 11,000 lb (5.0 mt)
per 2 months in Period 6 (November
through December);
3. North of 40°10′ N. lat., with
selective flatfish trawl gear, increase
Dover sole trip limits from 8,000 lb (3.6
mt) per 2 months to 20,000 lb (9.1 mt)
per 2 months, increase shortspine
thornyhead trip limits from 2,000 lb (0.9
mt) per 2 months to 3,500 lb (1.6 mt) per
2 months, increase longspine
thornyhead trip limits from 2,000 lb (0.9
mt) per 2 months to 7,000 lb (3.2 mt) per
2 months, and increase sablefish trip
limits from 10,000 lb (4.5 mt) per 2
months to 11,000 lb (5.0 mt) per 2
months in Period 6;
4. North of 40°10′ N. lat., with large
and small footrope trawl gear, decrease
‘‘other flatfish,’’ English sole and petrale
sole trip limits from ‘‘80,000 lb (36.3 mt)
per 2 months, no more than 60,000 lb
(27.2 mt) per 2 months of which may be
petrale sole’’ to ‘‘30,000 lb (13.6 mt) per
2 months, no more than 2,000 lb (0.9
mt) per 2 months of which may be
petrale sole’’ in Period 6;
5. North of 40°10′ N. lat., with
selective flatfish trawl gear, decrease
‘‘other flatfish,’’ English sole and petrale
sole trip limits from ‘‘75,000 lb (34.0 mt)
per 2 months, no more than 15,000 lb
(6.8 mt) per 2 months of which may be
petrale sole’’ to ‘‘30,000 lb (13.6 mt) per
2 months, no more than 2,000 lb (0.9
mt) per 2 months of which may be
petrale sole’’ in Period 6;
6. North of 40°10′ N. lat., with large
and small footrope trawl gear, decrease
arrowtooth flounder trip limits from
80,000 lb (36.3 mt) per 2 months to
50,000 lb (22.7 mt) per 2 months in
Period 6;
7. North of 40°10′ N. lat., with
selective flatfish trawl gear, decrease
arrowtooth flounder trip limits from
70,000 lb (31.8 mt) per 2 months to
50,000 lb (22.7 mt) per 2 months in
Period 6;
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
58069
8. South of 40°10′ N. lat., decrease
Dover sole trawl trip limits from 35,000
lb (15.9 mt) per 2 months to 30,000 lb
(13.6 mt) per 2 months, decrease
shortspine thornyhead trip limits from
4,600 lb (2.1 mt) per 2 months to 3,500
lb (1.6 mt) per 2 months, decrease
longspine thornyhead trip limits from
19,000 lb (8.6 mt) per 2 months to
11,000 lb (5.0 mt) per 2 months, and
decrease sablefish trip limits from
16,000 lb (7.3 mt) per 2 months to 9,000
lb (4.1 mt) per 2 months in Period 6
(November through December);
9. Between 40°10′ N. lat. and 38° N.
lat., decrease ‘‘other flatfish,’’ and
English sole trawl trip limits from
110,000 lb (49.9 mt) per 2 months to
30,000 lb (13.6 mt) per 2 months in
Period 6;
10. South of 38° N. lat., decrease
‘‘other flatfish,’’ and English sole trawl
trip limits from 110,000 lb (49.9 mt) per
2 months to 40,000 lb (18.1 mt) per 2
months in Period 6;
11. South of 40°10′ N. lat., decrease
petrale sole trawl trip limits from
100,000 lb (45.4 mt) per 2 months to
2,000 lb (0.9 mt) per 2 months in Period
6;
12. Between 40°10′ N. lat. and 38° N.
lat., decrease arrowtooth flounder trawl
trip limits from 20,000 lb (9.1 mt) per
2 months to 10,000 lb (4.5 mt) per 2
months in Period 6;
13. South of 38° N. lat., decrease
arrowtooth flounder trawl trip limits
from 20,000 lb (9.1 mt) per 2 months to
5,000 lb (2.3 mt) per 2 months in Period
6; and
14. Between 40°10′ N. lat. and 38° N.
lat., decrease both the minor slope
rockfish/darkblotched rockfish and the
splitnose rockfish trawl trip limits from
8,000 lb (3.6 mt) per 2 months to 6,000
lb (2.7 mt) per 2 months in Period 6.
In addition, NMFS is implementing
the following inseason adjustment:
(15) Between 38° N. lat. to the U.S./
Mexico border, decrease petrale sole
trawl trip limits from 42,000 lb per 2
months during September and October
to closed (i.e., retention is prohibited)
during the month of October.
Bycatch Limits for Widow Rockfish in
the Pacific Whiting Fishery
Widow rockfish, an overfished
groundfish species, co-occurs with
Pacific whiting and is, therefore,
commonly caught in Pacific whiting
fisheries. Beginning in 2005, NMFS
implemented a bycatch limit for certain
overfished species that co-occur with
whiting fisheries, particularly canary
and widow rockfish which are
constraining to the whiting fishery in
2005 and 2006. Implementing bycatch
limits allowed NMFS to set a higher OY
E:\FR\FM\05OCR1.SGM
05OCR1
58070
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
for Pacific whiting in 2005 and 2006
than would otherwise have been
possible. Because catch in the Pacific
whiting fishery can be tracked by NMFS
with near real-time data, NMFS has the
ability to manage the Pacific whiting
fishery to stay within bycatch limits.
Based on PacFIN QSM data for the
shore-based sector as of the September
12, 2005, and on real-time observer data
for the at-sea sector, the non-tribal
Pacific whiting sector had taken 149.6
mt of the 200 mt widow rockfish
bycatch limit. In order to deter a derby
fishery that would harvest as much
whiting as possible before the widow
rockfish bycatch limit is reached, the
Pacific Council considered whether
some of the widow rockfish not yet set
aside or projected to be taken by other
sectors in the bycatch scorecard (a
management tool used by the Pacific
Council’s Groundfish Management
Team (GMT)) could be moved into the
whiting fishery’s projected take for
2005, and hence bycatch limits as stated
in regulation at 50 CFR 660.373(b)(4). Of
the 26.8 mt of widow rockfish estimated
to be available, the Pacific Council
moved 12 mt of that into the widow
rockfish bycatch limit for the Pacific
whiting fishery.
Therefore, the Pacific Council
recommended and NMFS is
implementing an increase in the 2005
bycatch limit for Pacific whiting, as
stated at 50 CFR 660.373(b)(4), from 200
mt of widow rockfish to 212 mt.
While NMFS has recently been
concerned about the bycatch of Chinook
salmon in the Pacific whiting fisheries,
this action is not expected to increase
salmon bycatch. A temporary rule,
effective August 26, 2005, through
February 27, 2006 (August 31, 2005, 70
FR 51682), created a closed area, called
the Ocean Salmon Conservation Zone,
which is closed to fishing for Pacific
whiting shoreward of a boundary line
approximating the 100-fm (183-m)
depth contour to protect Chinook
salmon. Limited Entry Fixed Gear and
Open Access ‘‘daily Trip Limit (DTL)
Fishery for Sablefish North of 36° N.
Lat.
Based on PacFIN QSM data through
September 12, 2005, the sablefish DTL
sectors, both limited entry fixed gear
and open access, have attained less than
half of their allocation for the year. As
a result, the Pacific Council’s GMT
analyzed an increase to the DTL
fishery’s daily, weekly, and bimonthly
limits for the fishery north of 36° N. lat.
As part of their analysis, the GMT
considered likely increases in effort and
limit attainment from vessels engaged in
the DTL fishery. This inseason
adjustment is not expected to result in
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
increased levels of bycatch beyond what
is already accounted for in the bycatch
scorecard, since those estimates were
based on the assumption that each
sector would achieve its allocation.
Therefore, the Pacific Council
recommended and NMFS is
implementing an increase in the limited
entry fixed gear and open access daily
trip limit fishery for sablefish north of
36° N. lat. to the U.S./Canada border
from 300 lb (136 kg)/day, or 1 landing
per week of up to 900 lb (408 kg), not
to exceed 3,600 lb/ (1,633 kg) 2 months
to 500 lb (227 kg)/day, or 1 landing per
week of up to 1,500 lb (680 kg), not to
exceed 9,000 lb (4,082)/2 months for
October through December.
Washington’s Recreational Groundfish
RCA
The States of Washington and Oregon
manage canary and yelloweye rockfish
under a joint harvest guideline for their
recreational fisheries. The Washington
Department of Fish and Wildlife
(WDFW) committed to take management
action to close portions of its
recreational fisheries seaward of a
boundary line approximating the 30-fm
(55-m) depth contour as an inseason
adjustment, if the harvest guideline for
canary and/or yelloweye rockfish were
projected to be reached.
At the end of July, 2005, after
receiving the recreational catch data
through June, WDFW’s revised catch
projections for the year indicated that
1.8 mt of canary rockfish would be
harvested (as compared to a state
harvest target of 1.7 mt, and a shared
harvest guideline of 8.5 mt). At that
time, the revised catch projection for
yelloweye rockfish was still below the
state harvest target. In response,
effective August 5, 2005, WDFW
adopted an emergency regulation to
close its recreational bottomfish and
halibut fisheries seaward of a boundary
line approximating the 30-fm (55-m)
depth contour from the U.S./Canada
border to Leadbetter Pt., WA (46°38.17′
N. lat.) (Washington Marine Catch Areas
2, 3, and 4). The action did not apply
to the area between Leadbetter Pt. and
the Columbia River as the canary and
yelloweye rockfish catches in this area
are extremely low.
At the end of August, after receiving
the recreational catch data through July,
WDFW’s revised catch projections for
the year indicated that 1.8 mt of canary
rockfish was still expected to be
harvested. However, the revised catch
projection for yelloweye rockfish is 4.2
mt (out of a 3.5 mt state harvest target,
and a shared harvest guideline of 6.7
mt). However, it is expected that, with
the fishery closed seaward of a
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
boundary line approximating the 30-fm
(55-m) depth contour, the additional
yelloweye rockfish harvest will be nearzero through the end of the year.
Washington recreational fisheries for
bottomfish typically decline in
September and halibut fisheries close at
the end of September. Therefore, further
restricting the Washington recreational
fishery after September will have little
to no effect.
Therefore, the Pacific Council
recommended and NMFS is
implementing a boundary line
approximating the 30-fm (55-m) depth
contour between the U.S./Canada border
and 46°38.17′ N. lat. (Leadbetter Point,
WA) for the same reasons that
Washington took its regulatory action
and in order for Federal regulations to
conform to the state regulations for
Washington recreational groundfish
fisheries.
Oregon’s Recreational Groundfish
Fishery Bag Limits
Due to poor recreational ocean salmon
catches off Oregon in 2005, there was a
notable effort shift from targeted salmon
trips to targeted groundfish trips. In
addition, Oregon anglers are
experiencing increased catch rates of
groundfish species, particularly black
rockfish, blue rockfish, and yelloweye
rockfish. In an effort to slow catch of
groundfish species and ensure that the
recreational fishery can continue
through the end of the year, the Oregon
Department of Fish and Wildlife
(ODFW) took action, effective July 16,
2005, to reduce the marine fish daily
bag limit from eight fish to five fish. In
addition, ODFW revised their catch
projection in the bycatch scorecard for
yelloweye rockfish in the recreational
fishery to 4.0 mt. The shared ODFW/
WDFW yelloweye rockfish recreational
harvest guideline was also revised in the
bycatch scorecard from 6.7 mt to 8.5 mt
(4.0 mt in Oregon, 4.2 mt in
Washington, and 0.3 mt buffer).
ODFW also prohibited retention of
cabezon in their recreational ocean boat
fishery beginning August 11, 2005.
Landings data indicated that the state
imposed ocean boat harvest cap of 15.8
mt had been reached.
Therefore, the Pacific Council
recommended and NMFS is
implementing a decrease in the
recreational marine fish daily bag limit
off of Oregon from eight fish to five fish
and a prohibition on the retention of
cabezon by the ocean boat sector for the
same reasons that Oregon took its
regulatory action and in order for
Federal regulations to conform to the
state regulations for Oregon recreational
groundfish fisheries.
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
Classification
These actions are authorized by the
Pacific Coast groundfish FMP and
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, 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 September 19–
23, 2005, meeting in Portland, OR.
There was not sufficient time after that
meeting to draft this document and
undergo proposed and final rulemaking
before most of these actions need to be
in effect, October 1, 2005, as explained
below. For the actions 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.
Changes to the limited entry trawl RCA
must be implemented in a timely
manner by October 1, 2005, so that total
catch of groundfish, specifically petrale
sole and canary rockfish, stays within
the catch levels projected for 2005 based
on modeling and the most current catch
projections available. Changes to the
limited entry trawl trip limit for Dover
sole must be implemented in a timely
manner by October 1, 2005, so that the
trip limits for all trawl gear types are the
same and participants are not
unnecessarily restricted to a lower
harvest level because of differential trip
limits. Changes to the limited entry
trawl trip limit for petrale sole must be
implemented in a timely manner by
October 1, 2005, so that total catch stays
below the petrale sole ABC/OY. Other
changes to the limited entry trawl trip
limits must be implemented in a timely
manner by November 1, 2005, the next
2 month cumulative limit period, so that
total catch of groundfish, specifically
petrale sole and Dover sole, stays within
the catch levels projected for 2005 based
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
on modeling and the most current catch
projections available. Changes to the
widow rockfish bycatch limit in the
whiting fishery must be implemented by
October 1, 2005, in order to provide an
opportunity for participants in this
fishery to harvest the available whiting
quota without being closed early due to
attainment of an unnecessarily low
widow rockfish bycatch limit. Changes
to the limited entry fixed gear and open
access DTL sablefish fishery must be
implemented by October 1, 2005, in
order to provide an opportunity for
participants in these fisheries to harvest
the available quota. Changes to
Washington’s recreational fishery RCA
and Oregon’s recreational fishery bag
limits must be implemented as soon as
possible 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, in some
cases, 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. Delaying
implementation could also lead to
exceeding the ABC and/or OY for some
species. Thus, the delay would also be
contrary to the public’s interest in
protecting overfished species and other
groundfish species from overfishing.
For these reasons, good cause also
exists to waive the 30-day delay in
effectiveness requirement under 5
U.S.C. 553 (d)(3) for all actions taken in
this notice.
These actions are taken under the
authority of 50 CFR 660.370(c) and are
exempt from review under Executive
Order 12866.
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: September 30, 2005.
Alan D. Risenhoover,
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
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
58071
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 § 660.373, paragraph (b)(4) is
revised to read as follows:
I
§ 660.373 Pacific whiting (whiting) fishery
management.
*
*
*
*
*
(b) * * *
(4) 2005–2006 bycatch limits in the
whiting fishery. The bycatch limits for
the whiting fishery may be used
inseason to close a sector or sectors of
the whiting fishery to achieve the
rebuilding of an overfished or depleted
stock, under routine management
measure authority at § 660.370(c)(1)(ii).
These limits are routine management
measures under § 660.370(c) and, as
such, may be adjusted inseason or may
have new species added to the list of
those with bycatch limits. For 2005, the
whiting fishery bycatch limits for the
sectors identified § 660.323(a) are 4.7 mt
of canary rockfish and 212 mt of widow
rockfish. For 2006, the whiting fishery
bycatch limits are 7.3 mt of canary
rockfish and 243.2 mt of widow
rockfish.
*
*
*
*
*
I 3. In § 660.384, paragraphs (c)(1)(i)(B)
and (c)(2)(iii) are revised to read as
follows:
§ 660.384 Recreational fishery
management measures.
*
*
*
*
*
(c) * * *
(1) * * *
(i) * * *
(B) Recreational Rockfish
Conservation Area. Fishing for
groundfish with recreational gear is
prohibited within the recreational RCA.
It is unlawful to take and retain,
possess, or land groundfish taken with
recreational gear within the recreational
RCA. A vessel fishing in the recreational
RCA may not be in possession of any
groundfish. For example, if a vessel
participates in the recreational salmon
fishery within the RCA, the vessel
cannot be in possession of groundfish
while in the RCA. The vessel may,
however, on the same trip fish for and
retain groundfish shoreward of the RCA
on the return trip to port.) Off
Washington, recreational fishing for all
groundfish is prohibited seaward of a
recreational RCA boundary line
approximating the 30–fm (55–m) depth
contour from the U.S./Canada border
south to Leadbetter Pt., WA (46°38.17′
E:\FR\FM\05OCR1.SGM
05OCR1
58072
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
N. lat.). Coordinates for the boundary
line approximating the 30–fm (55–m)
depth contour are listed in § 660.391.
*
*
*
*
*
(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 five 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
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
and other groundfish species. Retention
of cabezon is prohibited by Oregon’s
recreational ocean boat fishery, but is
permitted in the shore-based fishery.
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. In the Pacific halibut
fisheries, retention of groundfish is
governed in part by the Pacific halibut
regulations. South of the Washington/
Oregon border to Cape Falcon, OR,
when Pacific halibut are onboard the
vessel, landing groundfish, except
sablefish, is prohibited. South of Cape
Falcon, OR, to Humbug Mountain, OR,
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
when Pacific halibut are onboard the
vessel, retention of groundfish, except
sablefish, is prohibited during the
Central Coast sport halibut ‘‘all-depth’’
season days. ‘‘All-depth’’ season days
are established in the annual
management measures for Pacific
halibut fisheries, which are published in
the Federal Register and are announced
on the NMFS halibut hotline, 1–800–
662–9825.
*
*
*
*
*
I 4. In part 660, subpart G, Tables 3
(both North and South), Tables 4 (both
North and South) and Tables 5 (both
North and South) are revised to read as
follows:
BILLING CODE 3510–22–P
E:\FR\FM\05OCR1.SGM
05OCR1
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00081
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
58073
ER05OC05.021</GPH>
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00082
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.022</GPH>
58074
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00083
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
58075
ER05OC05.023</GPH>
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00084
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.024</GPH>
58076
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00085
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
58077
ER05OC05.025</GPH>
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00086
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.026</GPH>
58078
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00087
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
58079
ER05OC05.027</GPH>
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00088
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.028</GPH>
58080
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00089
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
58081
ER05OC05.029</GPH>
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00090
Fmt 4700
Sfmt 4725
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.030</GPH>
58082
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
58083
[FR Doc. 05–19986 Filed 9–30–05; 2:36 pm]
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00091
Fmt 4700
Sfmt 4700
E:\FR\FM\05OCR1.SGM
05OCR1
ER05OC05.031</GPH>
BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58066-58083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19986]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 040830250-5062-03; I.D. 093005A]
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 to management measures; 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.
[[Page 58067]]
DATES: Effective 0001 hours (local time) October 1, 2005. Comments on
this rule will be accepted through November 4, 2005.
ADDRESSES: You may submit comments, identified by 093005A by any of the
following methods:
E-mail: GroundfishInseason4.nwr@noaa.gov. Include I.D.
number 093005A in the subject line of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 206-526-4646, Attn: Jamie Goen.
Mail: D. Robert Lohn, Administrator, Northwest Region,
NMFS, Attn: Jamie Goen, 7600 Sand Point Way NE., Seattle, WA 98115-
0070.
FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS),
phone: 206-526-6140; 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 Web site at: https://www.gpoaccess.gov/fr/.
Background information and documents are available at the NMFS
Northwest Region Web site at: https://www.nwr.noaa.gov/1sustfsh/
gdfsh01.htm and at the Pacific Fishery Management Council's Web site
at: https://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 660, subpart G). They were 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); April 19, 2005 (70 FR 20304); May 3, 2005
(70 FR 22808); May 4, 2005 (70 FR 23040); May 5, 2005 (70 FR 23804);
May 16, 2005 (70 FR 25789); May 19, 2005 (70 FR 28852); July 5, 2005
(70 FR 38596); and August 31, 2005 (70 FR 51682).
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 September 19-23, 2005, meeting in Portland, OR. The
changes recommended by the Pacific Council include: (1) Changes to the
trawl Rockfish Conservation Areas (RCAs) for limited entry trawl
fisheries, (2) changes to the limited entry trawl trip limits for
``other flatfish,'' petrale sole, English sole, arrowtooth flounder,
minor slope rockfish, darkblotched rockfish, splitnose rockfish, and to
the limits for Dover sole, longspine thornyhead, shortspine thornyhead
and sablefish (DTS), (3) an increase to the bycatch limit for widow
rockfish in the whiting fishery, (4) changes to the limited entry fixed
gear and open access daily trip limits for sablefish, (5) changes to
Washington's recreational groundfish fishery RCA, and (6) changes to
Oregon's recreational groundfish fishery bag limits. Pacific Coast
groundfish landings will be monitored throughout the year, and further
adjustments to other trip limits or management measures will be made as
necessary to allow achievement of, or to avoid exceeding, optimum
yields (OYs).
Limited Entry Trawl RCA Changes
A review of Pacific Fisheries Information Network (PacFIN) Quota
Species Monitoring (QSM) data shows that the catch of petrale sole is
quickly approaching its optimum yield (OY), which is set equal to the
acceptable biological catch (ABC) in 2005. As of September 16, 2005,
QSM data indicate that the total non-tribal petrale sole catch is 2,552
mt out of a combined tribal/non-tribal ABC/OY of 2,762 mt. Because
petrale sole is already approaching its ABC/OY in September, a winter
petrale sole fishery in November and December (Period 6) cannot be
accommodated. Additionally, the catch of canary rockfish in the limited
entry bottom trawl fishery has exceeded the 8.0 mt of canary rockfish
projected for the year for this fishery in the bycatch scorecard by 1.5
mt.
NMFS has been monitoring the limited entry trawl fishery throughout
the year, and sent out a public notice on July 27, 2005 (NMFS-SEA-05-
05) to notify the public that petrale sole and canary rockfish take in
the limited entry bottom trawl fleet was higher than had been expected.
NMFS also alerted the public that the agency might have to take action
to slow the catch of these species to keep total catch within their ABC
and/or harvest guidelines and requested that the harvesting and
processing communities take voluntary action to slow their catch rates.
While the harvesting and processing communities have slowed catch
somewhat, voluntary action alone is not enough, in this case, to keep
total catch of petrale sole and canary rockfish within harvest limits
for 2005.
In order to further reduce the take of canary rockfish and petrale
sole in the trawl fishery, the Pacific Council recommended modifying
the trawl RCA and reducing trip limits for DTS and flatfish species
(see following section on Limited Entry Trawl Trip Limit Adjustments).
For the trawl RCA, the Pacific Council recommended increasing the size
of the area closed to fishing with trawl gear by modifying the seaward
boundary of the trawl RCA to be at a boundary line approximating the
250-fm (457-m) depth contour coastwide. In order to further reduce the
take of petrale sole in the trawl fishery, the Pacific Council
recommended modifying the shoreward boundary of the trawl RCAs to be at
the shoreline north of 36[deg] N. lat. and be at a boundary line
approximating the 50-fm (91-m) depth contour south of 36[deg] N. lat.
This allows for more opportunities in areas south of 36[deg] N. lat.,
where canary rockfish and petrale sole encounters are minimal, than in
the north.
However, implementation of a boundary line approximating the 250-fm
(457-m) depth contour south of 38[deg] N. lat. to the U.S./Mexico
border is not possible through an inseason action because coordinates
do not exist in Federal regulations for that line. In keeping with the
Pacific Council's intent to increase the size of the trawl RCA to
protect petrale sole and canary rockfish in general, and, in this case,
to move the seaward boundary of the trawl RCA to protect petrale sole,
the next closest RCA boundary line for this area with coordinates
published in Federal regulations is a boundary line approximating the
200-fm (366-m) depth contour. Because there is catch of petrale between
200-fm (366-m) and 250-fm (457-m) in this area, NMFS expects that this
change alone will not keep total catch of petrale sole within the ABC/
OY for petrale, thus NMFS is also prohibiting the retention of petrale
sole in this area during October as explained below in the following
section titled `` Limited Entry Trawl Trip Limit Adjustments.'' This
combination of measures gets the management scheme as close as possible
to what was recommended by the Pacific Council.
[[Page 58068]]
While the open access non-groundfish fisheries have historically
been subject to the same trawl RCA boundaries as limited entry trawl
fisheries, the open access non-groundfish trawl fisheries only
encounter minimal amounts of petrale sole and Dover sole. For example,
2004 fishticket data from the California halibut fishery shows a total
of 150 lb (68 kg) of petrale sole landed between October and December
in the area between 40[deg]30' N. lat. and 36[deg] N. lat. In addition,
the catch of canary rockfish in the open access non-groundfish trawl
fisheries has already been accounted for in the bycatch scorecard
separately from the limited entry trawl fishery, and are projected to
take 0.1 mt for the year. Therefore, the non-groundfish trawl RCA for
the open access non-groundfish trawl fisheries has not been adjusted to
reflect changes in what has generally been called the ``trawl RCA.''
Therefore, the Pacific Council recommended and NMFS is implementing
the following inseason changes to be effective October through
December:
1. Between the U.S./Canada border and 36[deg] N. lat., move the
shoreward boundary of the limited entry trawl RCA from a boundary line
approximating 100-fm (183-m) to the shoreline in October, and from a
boundary line approximating 75-fm (137-m) to the shoreline in November
and December;
2. Between 36[deg] N. lat. and the U.S./Mexico border, move the
shoreward boundary of the limited entry trawl RCA from a boundary line
approximating 100-fm (183-m) to a boundary line approximating 50-fm
(91-m) in October, and from a boundary line approximating 75-fm (137-m)
to a boundary line approximating 50-fm (91-m) in November and December;
3. Between the U.S./Canada border and 40[deg]10' N. lat., move the
seaward boundary of the limited entry trawl RCA from a boundary line
approximating 200-fm (366-m) to a boundary line approximating 250-fm
(457-m) in October, and from a boundary line approximating 200-fm (366-
m), as modified to accommodate petrale fishing, to a boundary line
approximating 250-fm (457-m)(not modified to accommodate petrale
fishing) in November and December; and
4. Between 40[deg]10' N. lat. and 38[deg] N. lat., move the seaward
boundary of the limited entry trawl RCA from a boundary line
approximating 150-fm (274-m) to a boundary line approximating 250-fm
(457-m) in October through December.
In addition, as explained above, NMFS is implementing something
different than what the Pacific Council recommended for the seaward
boundary of the limited entry trawl RCA south of 38[deg] N. lat. NMFS
is implementing the following inseason changes to be effective October
through December, 2005:
5. Between 38[deg] N. lat. and the U.S./Mexico border, move the
seaward boundary of the limited entry trawl RCA from a boundary line
approximating 150-fm (274-m) to a boundary line approximating 200-fm
(366-m) in October through December; and
6. Between 34[deg]27[min] N. lat. and the U.S./Mexico border, move
the seaward boundary of the limited entry trawl RCA around islands from
a boundary line approximating 150-fm (274-m) to a boundary line
approximating 200-fm (366-m) in October through December.
Limited Entry Trip Limit Adjustments
(Note: The analysis and projections in the discussion below were
based on recommendations given at the Pacific Council meeting when
the seaward boundary of the limited entry trawl RCA south of 38[deg]
N. lat. was assumed to be at 250-fm.)
The limited entry trawl trip limits for DTS, ``other flatfish,''
petrale sole, English sole, arrowtooth flounder, minor slope rockfish,
darkblotched rockfish and splitnose rockfish are adjusted based on
observer data, logbook data, current fish ticket landings data from
PacFIN and on analysis using the trawl model.
As mentioned previously under the ``Limited Entry Trawl RCA
Changes,'' fishticket landings data from PacFIN through mid-September
in 2005 were reviewed at the Pacific Council meeting. Compared to trawl
model projections for 2005, landings for petrale sole and Dover sole
were higher than what had been projected in the trawl model. Higher
landings of petrale sole and Dover sole are of particular concern,
because access to flatfish stocks is substantially more liberal than in
recent years, and these species were initially modeled to achieve their
respective OYs. While flatfish trip limits were initially reduced
through the May 4, 2005 inseason action (70 FR 23040), further
reductions are necessary to slow the catch of flatfish species through
the end of the year.
Trip limits for petrale sole will be substantially reduced in
November and December (Period 6), with the intent to discourage
targeting but allow incidental catch in the DTS fishery to minimize
discard. This reduction combined with the limited entry trawl RCA
changes recommended at the Pacific Council meeting, is projected to
keep petrale sole catch within its ABC/OY for the year (2,748 mt
predicted to be caught out of an ABC/OY of 2,762 mt).
Trip limits for DTS are also adjusted to slow the catch of Dover
sole while still allowing some targeting. While trip limits for
sablefish and thornyheads were increased for some trawl gear types in
some areas through the July 5, 2005 inseason changes (70 FR 38596),
trip limits for DTS in all areas are generally being reduced in
November and December. Because there is no area open to trawl fishing
shoreward of the trawl RCA north of 40[deg]10[min] N. lat., all gear
types will have the same trip limits seaward of the trawl RCA in
November and December. Therefore, Dover sole trip limits in November
and December (period 6) are being increased from previously scheduled
limits for fishers using selective flatfish trawl gear and decreased
from previously scheduled limits for fishers using small or large
footrope trawl gear, so the trip limits for all gear types will be the
same.
In addition, the Dover sole trip limit north of 40[deg]10[min] N.
lat. will be increased slightly for the September and October
cumulative limit period (period 5). Because the trawl RCA in this area
will extend between the shoreline and a boundary line approximating the
250-fm (457-m) depth contour beginning in October (the middle of a
cumulative limit period), the Dover sole trip limit is increased to
make the trip limits for all trawl gear, including selective flatfish
trawl gear, match. Previously, fishers who used selective flatfish
trawl gear to catch Dover sole shoreward of the RCA had a higher trip
limit (35,000 lb (15.9 mt) as opposed to 30,000 lb (13.6 mt) seaward of
the trawl RCA). This differential trip limit was intended to encourage
fishers to use selective flatfish trawl gear which has been shown to
have lower incidental catch of overfished groundfish species. Thus, by
increasing the Dover sole trip limit for all trawl gears to match the
highest trip limit allowed during Period 5, fishers who have previously
used selective flatfish trawl gear shoreward of the RCA will not be
restricted to that lower limit when fishing seaward of the trawl RCA
for the remainder of Period 5.
Trip limits for the ``other flatfish'' complex, English sole and
arrowtooth flounder will also be reduced in Period 6 to reduce the take
of Dover sole, a co-occurring flatfish species.
All of these changes, the reduction in DTS trip limits during
Period 6, the increase in the Dover sole trip limit north of
40[deg]10[min] N. lat. during Period 5, and the reduction in flatfish
trip limits,
[[Page 58069]]
are projected to keep catch of DTS species within their OYs for the
year (Dover sole: projected limited entry trawl take is 7,431 mt out of
an OY of 7,476 mt; longspine thornyhead: 696 mt out of an OY of 2,646
mt; shortspine thornyhead: 723 mt out of an OY of 999 mt; and
sablefish: 2,429 mt out of an OY of 7,761 mt).
Trip limits for minor slope rockfish/darkblotched rockfish and
splitnose rockfish between 40[deg]10[min] N. lat. and 38[deg] N. lat.
will also be reduced in Period 6 to reduce the take of Dover sole and
petrale sole, species which co-occur with these slope rockfish. In
addition, with the seaward boundary of the trawl RCA moving out to a
boundary line approximating the 250-fm (457-m) depth contour, the
likelihood of catching these species decreases.
As previously discussed in the section on ``Limited Entry Trawl RCA
Changes,'' the Pacific Council recommended that NMFS implement a
seaward limited entry trawl RCA boundary line approximating the 250-fm
(457-m) depth contour coastwide in order to nearly eliminate the catch
of petrale sole. However, NMFS is not able to implement this line south
of 38[deg] N. lat. to the U.S./Mexico border because there are no
coordinates for this line in Federal regulations. Therefore, in order
to implement the intent of the Pacific Council recommendation as much
as possible, NMFS is implementing a boundary line approximating the
200-fm (366-m) depth contour and a prohibition on the retention of
petrale sole in this area. Because there is catch of petrale between
200-fm (366-m) and 250-fm (457-m), including some targeting on petrale
sole, moving the RCA boundary line from 150-fm (274-m) to 200-fm (366-
m) for October through December will likely not keep total catch of
petrale sole within its ABC/OY for the year. A reduction of the petrale
sole trip limit during the middle of a cumulative trip limit period (in
this case, September through October) is not possible for enforcement
reasons. Therefore, in addition to the line change, NMFS is also
implementing a prohibition on the retention of petrale sole between
38[deg] N. lat. and the U.S./Mexico border during the month of October
in order to prevent targeting on petrale sole. During November and
December, the Pacific Council recommendation of decreasing the trip
limit for petrale sole to 2,000 lb (0.9 mt) per 2 months is sufficient
to allow retention of incidentally caught petrale sole while not
encouraging targeting.
Therefore, the Pacific Council recommended and NMFS is implementing
the following inseason adjustments:
1. North of 40[deg]10[min] N. lat., with large and small footrope
trawl gear, increase Dover sole trip limits from 30,000 lb (13.6 mt)
per 2 months to 35,000 lb (15.9 mt) per 2 months in Period 5 (September
through October);
2. North of 40[deg]10[min] N. lat., with large and small footrope
trawl gear, decrease Dover sole trip limits from 22,000 lb (10.0 mt)
per 2 months to 20,000 lb (9.1 mt) per 2 months, decrease shortspine
thornyhead trip limits from 3,700 lb (1.7 mt) per 2 months to 3,500 lb
(1.6 mt) per 2 months, decrease longspine thornyhead trip limits from
15,000 lb (6.8 mt) per 2 months to 7,000 lb (3.2 mt) per 2 months, and
decrease sablefish trip limits from 13,000 lb (5.9 mt) per 2 months to
11,000 lb (5.0 mt) per 2 months in Period 6 (November through
December);
3. North of 40[deg]10[min] N. lat., with selective flatfish trawl
gear, increase Dover sole trip limits from 8,000 lb (3.6 mt) per 2
months to 20,000 lb (9.1 mt) per 2 months, increase shortspine
thornyhead trip limits from 2,000 lb (0.9 mt) per 2 months to 3,500 lb
(1.6 mt) per 2 months, increase longspine thornyhead trip limits from
2,000 lb (0.9 mt) per 2 months to 7,000 lb (3.2 mt) per 2 months, and
increase sablefish trip limits from 10,000 lb (4.5 mt) per 2 months to
11,000 lb (5.0 mt) per 2 months in Period 6;
4. North of 40[deg]10[min] N. lat., with large and small footrope
trawl gear, decrease ``other flatfish,'' English sole and petrale sole
trip limits from ``80,000 lb (36.3 mt) per 2 months, no more than
60,000 lb (27.2 mt) per 2 months of which may be petrale sole'' to
``30,000 lb (13.6 mt) per 2 months, no more than 2,000 lb (0.9 mt) per
2 months of which may be petrale sole'' in Period 6;
5. North of 40[deg]10[min] N. lat., with selective flatfish trawl
gear, decrease ``other flatfish,'' English sole and petrale sole trip
limits from ``75,000 lb (34.0 mt) per 2 months, no more than 15,000 lb
(6.8 mt) per 2 months of which may be petrale sole'' to ``30,000 lb
(13.6 mt) per 2 months, no more than 2,000 lb (0.9 mt) per 2 months of
which may be petrale sole'' in Period 6;
6. North of 40[deg]10[min] N. lat., with large and small footrope
trawl gear, decrease arrowtooth flounder trip limits from 80,000 lb
(36.3 mt) per 2 months to 50,000 lb (22.7 mt) per 2 months in Period 6;
7. North of 40[deg]10[min] N. lat., with selective flatfish trawl
gear, decrease arrowtooth flounder trip limits from 70,000 lb (31.8 mt)
per 2 months to 50,000 lb (22.7 mt) per 2 months in Period 6;
8. South of 40[deg]10[min] N. lat., decrease Dover sole trawl trip
limits from 35,000 lb (15.9 mt) per 2 months to 30,000 lb (13.6 mt) per
2 months, decrease shortspine thornyhead trip limits from 4,600 lb (2.1
mt) per 2 months to 3,500 lb (1.6 mt) per 2 months, decrease longspine
thornyhead trip limits from 19,000 lb (8.6 mt) per 2 months to 11,000
lb (5.0 mt) per 2 months, and decrease sablefish trip limits from
16,000 lb (7.3 mt) per 2 months to 9,000 lb (4.1 mt) per 2 months in
Period 6 (November through December);
9. Between 40[deg]10[min] N. lat. and 38[deg] N. lat., decrease
``other flatfish,'' and English sole trawl trip limits from 110,000 lb
(49.9 mt) per 2 months to 30,000 lb (13.6 mt) per 2 months in Period 6;
10. South of 38[deg] N. lat., decrease ``other flatfish,'' and
English sole trawl trip limits from 110,000 lb (49.9 mt) per 2 months
to 40,000 lb (18.1 mt) per 2 months in Period 6;
11. South of 40[deg]10[min] N. lat., decrease petrale sole trawl
trip limits from 100,000 lb (45.4 mt) per 2 months to 2,000 lb (0.9 mt)
per 2 months in Period 6;
12. Between 40[deg]10[min] N. lat. and 38[deg] N. lat., decrease
arrowtooth flounder trawl trip limits from 20,000 lb (9.1 mt) per 2
months to 10,000 lb (4.5 mt) per 2 months in Period 6;
13. South of 38[deg] N. lat., decrease arrowtooth flounder trawl
trip limits from 20,000 lb (9.1 mt) per 2 months to 5,000 lb (2.3 mt)
per 2 months in Period 6; and
14. Between 40[deg]10[min] N. lat. and 38[deg] N. lat., decrease
both the minor slope rockfish/darkblotched rockfish and the splitnose
rockfish trawl trip limits from 8,000 lb (3.6 mt) per 2 months to 6,000
lb (2.7 mt) per 2 months in Period 6.
In addition, NMFS is implementing the following inseason
adjustment:
(15) Between 38[deg] N. lat. to the U.S./Mexico border, decrease
petrale sole trawl trip limits from 42,000 lb per 2 months during
September and October to closed (i.e., retention is prohibited) during
the month of October.
Bycatch Limits for Widow Rockfish in the Pacific Whiting Fishery
Widow rockfish, an overfished groundfish species, co-occurs with
Pacific whiting and is, therefore, commonly caught in Pacific whiting
fisheries. Beginning in 2005, NMFS implemented a bycatch limit for
certain overfished species that co-occur with whiting fisheries,
particularly canary and widow rockfish which are constraining to the
whiting fishery in 2005 and 2006. Implementing bycatch limits allowed
NMFS to set a higher OY
[[Page 58070]]
for Pacific whiting in 2005 and 2006 than would otherwise have been
possible. Because catch in the Pacific whiting fishery can be tracked
by NMFS with near real-time data, NMFS has the ability to manage the
Pacific whiting fishery to stay within bycatch limits.
Based on PacFIN QSM data for the shore-based sector as of the
September 12, 2005, and on real-time observer data for the at-sea
sector, the non-tribal Pacific whiting sector had taken 149.6 mt of the
200 mt widow rockfish bycatch limit. In order to deter a derby fishery
that would harvest as much whiting as possible before the widow
rockfish bycatch limit is reached, the Pacific Council considered
whether some of the widow rockfish not yet set aside or projected to be
taken by other sectors in the bycatch scorecard (a management tool used
by the Pacific Council's Groundfish Management Team (GMT)) could be
moved into the whiting fishery's projected take for 2005, and hence
bycatch limits as stated in regulation at 50 CFR 660.373(b)(4). Of the
26.8 mt of widow rockfish estimated to be available, the Pacific
Council moved 12 mt of that into the widow rockfish bycatch limit for
the Pacific whiting fishery.
Therefore, the Pacific Council recommended and NMFS is implementing
an increase in the 2005 bycatch limit for Pacific whiting, as stated at
50 CFR 660.373(b)(4), from 200 mt of widow rockfish to 212 mt.
While NMFS has recently been concerned about the bycatch of Chinook
salmon in the Pacific whiting fisheries, this action is not expected to
increase salmon bycatch. A temporary rule, effective August 26, 2005,
through February 27, 2006 (August 31, 2005, 70 FR 51682), created a
closed area, called the Ocean Salmon Conservation Zone, which is closed
to fishing for Pacific whiting shoreward of a boundary line
approximating the 100-fm (183-m) depth contour to protect Chinook
salmon. Limited Entry Fixed Gear and Open Access ``daily Trip Limit
(DTL) Fishery for Sablefish North of 36[deg] N. Lat.
Based on PacFIN QSM data through September 12, 2005, the sablefish
DTL sectors, both limited entry fixed gear and open access, have
attained less than half of their allocation for the year. As a result,
the Pacific Council's GMT analyzed an increase to the DTL fishery's
daily, weekly, and bimonthly limits for the fishery north of 36[deg] N.
lat. As part of their analysis, the GMT considered likely increases in
effort and limit attainment from vessels engaged in the DTL fishery.
This inseason adjustment is not expected to result in increased levels
of bycatch beyond what is already accounted for in the bycatch
scorecard, since those estimates were based on the assumption that each
sector would achieve its allocation.
Therefore, the Pacific Council recommended and NMFS is implementing
an increase in the limited entry fixed gear and open access daily trip
limit fishery for sablefish north of 36[deg] N. lat. to the U.S./Canada
border from 300 lb (136 kg)/day, or 1 landing per week of up to 900 lb
(408 kg), not to exceed 3,600 lb/ (1,633 kg) 2 months to 500 lb (227
kg)/day, or 1 landing per week of up to 1,500 lb (680 kg), not to
exceed 9,000 lb (4,082)/2 months for October through December.
Washington's Recreational Groundfish RCA
The States of Washington and Oregon manage canary and yelloweye
rockfish under a joint harvest guideline for their recreational
fisheries. The Washington Department of Fish and Wildlife (WDFW)
committed to take management action to close portions of its
recreational fisheries seaward of a boundary line approximating the 30-
fm (55-m) depth contour as an inseason adjustment, if the harvest
guideline for canary and/or yelloweye rockfish were projected to be
reached.
At the end of July, 2005, after receiving the recreational catch
data through June, WDFW's revised catch projections for the year
indicated that 1.8 mt of canary rockfish would be harvested (as
compared to a state harvest target of 1.7 mt, and a shared harvest
guideline of 8.5 mt). At that time, the revised catch projection for
yelloweye rockfish was still below the state harvest target. In
response, effective August 5, 2005, WDFW adopted an emergency
regulation to close its recreational bottomfish and halibut fisheries
seaward of a boundary line approximating the 30-fm (55-m) depth contour
from the U.S./Canada border to Leadbetter Pt., WA (46[deg]38.17' N.
lat.) (Washington Marine Catch Areas 2, 3, and 4). The action did not
apply to the area between Leadbetter Pt. and the Columbia River as the
canary and yelloweye rockfish catches in this area are extremely low.
At the end of August, after receiving the recreational catch data
through July, WDFW's revised catch projections for the year indicated
that 1.8 mt of canary rockfish was still expected to be harvested.
However, the revised catch projection for yelloweye rockfish is 4.2 mt
(out of a 3.5 mt state harvest target, and a shared harvest guideline
of 6.7 mt). However, it is expected that, with the fishery closed
seaward of a boundary line approximating the 30-fm (55-m) depth
contour, the additional yelloweye rockfish harvest will be near-zero
through the end of the year.
Washington recreational fisheries for bottomfish typically decline
in September and halibut fisheries close at the end of September.
Therefore, further restricting the Washington recreational fishery
after September will have little to no effect.
Therefore, the Pacific Council recommended and NMFS is implementing
a boundary line approximating the 30-fm (55-m) depth contour between
the U.S./Canada border and 46[deg]38.17' N. lat. (Leadbetter Point, WA)
for the same reasons that Washington took its regulatory action and in
order for Federal regulations to conform to the state regulations for
Washington recreational groundfish fisheries.
Oregon's Recreational Groundfish Fishery Bag Limits
Due to poor recreational ocean salmon catches off Oregon in 2005,
there was a notable effort shift from targeted salmon trips to targeted
groundfish trips. In addition, Oregon anglers are experiencing
increased catch rates of groundfish species, particularly black
rockfish, blue rockfish, and yelloweye rockfish. In an effort to slow
catch of groundfish species and ensure that the recreational fishery
can continue through the end of the year, the Oregon Department of Fish
and Wildlife (ODFW) took action, effective July 16, 2005, to reduce the
marine fish daily bag limit from eight fish to five fish. In addition,
ODFW revised their catch projection in the bycatch scorecard for
yelloweye rockfish in the recreational fishery to 4.0 mt. The shared
ODFW/WDFW yelloweye rockfish recreational harvest guideline was also
revised in the bycatch scorecard from 6.7 mt to 8.5 mt (4.0 mt in
Oregon, 4.2 mt in Washington, and 0.3 mt buffer).
ODFW also prohibited retention of cabezon in their recreational
ocean boat fishery beginning August 11, 2005. Landings data indicated
that the state imposed ocean boat harvest cap of 15.8 mt had been
reached.
Therefore, the Pacific Council recommended and NMFS is implementing
a decrease in the recreational marine fish daily bag limit off of
Oregon from eight fish to five fish and a prohibition on the retention
of cabezon by the ocean boat sector for the same reasons that Oregon
took its regulatory action and in order for Federal regulations to
conform to the state regulations for Oregon recreational groundfish
fisheries.
[[Page 58071]]
Classification
These actions are authorized by the Pacific Coast groundfish FMP
and 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, 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
September 19-23, 2005, meeting in Portland, OR. There was not
sufficient time after that meeting to draft this document and undergo
proposed and final rulemaking before most of these actions need to be
in effect, October 1, 2005, as explained below. For the actions 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. Changes to the limited entry trawl RCA must be implemented
in a timely manner by October 1, 2005, so that total catch of
groundfish, specifically petrale sole and canary rockfish, stays within
the catch levels projected for 2005 based on modeling and the most
current catch projections available. Changes to the limited entry trawl
trip limit for Dover sole must be implemented in a timely manner by
October 1, 2005, so that the trip limits for all trawl gear types are
the same and participants are not unnecessarily restricted to a lower
harvest level because of differential trip limits. Changes to the
limited entry trawl trip limit for petrale sole must be implemented in
a timely manner by October 1, 2005, so that total catch stays below the
petrale sole ABC/OY. Other changes to the limited entry trawl trip
limits must be implemented in a timely manner by November 1, 2005, the
next 2 month cumulative limit period, so that total catch of
groundfish, specifically petrale sole and Dover sole, stays within the
catch levels projected for 2005 based on modeling and the most current
catch projections available. Changes to the widow rockfish bycatch
limit in the whiting fishery must be implemented by October 1, 2005, in
order to provide an opportunity for participants in this fishery to
harvest the available whiting quota without being closed early due to
attainment of an unnecessarily low widow rockfish bycatch limit.
Changes to the limited entry fixed gear and open access DTL sablefish
fishery must be implemented by October 1, 2005, in order to provide an
opportunity for participants in these fisheries to harvest the
available quota. Changes to Washington's recreational fishery RCA and
Oregon's recreational fishery bag limits must be implemented as soon as
possible 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, in some
cases, 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. Delaying implementation could also
lead to exceeding the ABC and/or OY for some species. Thus, the delay
would also be contrary to the public's interest in protecting
overfished species and other groundfish species from overfishing.
For these reasons, good cause also exists to waive the 30-day delay
in effectiveness requirement under 5 U.S.C. 553 (d)(3) for all actions
taken in this notice.
These actions are taken under the authority of 50 CFR 660.370(c)
and are exempt from review under Executive Order 12866.
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: September 30, 2005.
Alan D. Risenhoover,
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. 660.373, paragraph (b)(4) is revised to read as follows:
Sec. 660.373 Pacific whiting (whiting) fishery management.
* * * * *
(b) * * *
(4) 2005-2006 bycatch limits in the whiting fishery. The bycatch
limits for the whiting fishery may be used inseason to close a sector
or sectors of the whiting fishery 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) and, as such, may be
adjusted inseason or may have new species added to the list of those
with bycatch limits. For 2005, the whiting fishery bycatch limits for
the sectors identified Sec. 660.323(a) are 4.7 mt of canary rockfish
and 212 mt of widow rockfish. For 2006, the whiting fishery bycatch
limits are 7.3 mt of canary rockfish and 243.2 mt of widow rockfish.
* * * * *
0
3. In Sec. 660.384, paragraphs (c)(1)(i)(B) and (c)(2)(iii) are
revised to read as follows:
Sec. 660.384 Recreational fishery management measures.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(B) Recreational Rockfish Conservation Area. Fishing for groundfish
with recreational gear is prohibited within the recreational RCA. It is
unlawful to take and retain, possess, or land groundfish taken with
recreational gear within the recreational RCA. A vessel fishing in the
recreational RCA may not be in possession of any groundfish. For
example, if a vessel participates in the recreational salmon fishery
within the RCA, the vessel cannot be in possession of groundfish while
in the RCA. The vessel may, however, on the same trip fish for and
retain groundfish shoreward of the RCA on the return trip to port.) Off
Washington, recreational fishing for all groundfish is prohibited
seaward of a recreational RCA boundary line approximating the 30-fm
(55-m) depth contour from the U.S./Canada border south to Leadbetter
Pt., WA (46[deg]38.17'
[[Page 58072]]
N. lat.). Coordinates for the boundary line approximating the 30-fm
(55-m) depth contour are listed in Sec. 660.391.
* * * * *
(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 five 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. Retention of cabezon is
prohibited by Oregon's recreational ocean boat fishery, but is
permitted in the shore-based fishery. 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. In the Pacific halibut fisheries,
retention of groundfish is governed in part by the Pacific halibut
regulations. South of the Washington/Oregon border to Cape Falcon, OR,
when Pacific halibut are onboard the vessel, landing groundfish, except
sablefish, is prohibited. South of Cape Falcon, OR, to Humbug Mountain,
OR, when Pacific halibut are onboard the vessel, retention of
groundfish, except sablefish, is prohibited during the Central Coast
sport halibut ``all-depth'' season days. ``All-depth'' season days are
established in the annual management measures for Pacific halibut
fisheries, which are published in the Federal Register and are
announced on the NMFS halibut hotline, 1-800-662-9825.
* * * * *
0
4. In part 660, subpart G, Tables 3 (both North and South), Tables 4
(both North and South) and Tables 5 (both North and South) are revised
to read as follows:
BILLING CODE 3510-22-P
[[Page 58073]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.021
[[Page 58074]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.022
[[Page 58075]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.023
[[Page 58076]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.024
[[Page 58077]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.025
[[Page 58078]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.026
[[Page 58079]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.027
[[Page 58080]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.028
[[Page 58081]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.029
[[Page 58082]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.030
[[Page 58083]]
[GRAPHIC] [TIFF OMITTED] TR05OC05.031
[FR Doc. 05-19986 Filed 9-30-05; 2:36 pm]
BILLING CODE 3510-22-C
