Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures, 75115-75148 [05-24205]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Proposed Rules]
[Pages 75115-75148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-5330-02; I.D. 120805A]
RIN 0648-AU00


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a rule to implement revisions to the 2006 
commercial and recreational groundfish fishery management measures for 
groundfish taken in the U.S. exclusive economic zone (EEZ) off the 
coasts of Washington, Oregon, and California. Proposed management 
measures that are new for 2006 are intended to: achieve but not exceed 
optimum yields (OYs); prevent overfishing; rebuild overfished species; 
and reduce and minimize the bycatch and discard of overfished and 
depleted stocks. NMFS additionally proposes to revise the 2006 
darkblotched rockfish OY, at the request of the Pacific Fishery 
Management Council (Pacific Council), and under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). These actions, which are authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP) and the Magnuson-Stevens Act, 
are intended allow fisheries to access more abundant groundfish stocks 
while protecting overfished and depleted stocks. Finally, NMFS 
announces with this Federal Register document that the coastwide 
lingcod stock is no longer considered overfished and is fully rebuilt.

DATES: Comments on this proposed rule will be accepted through January 
15, 2006.

ADDRESSES: You may submit comments, identified by I.D. 120805A by any 
of the following methods:
     E-mail: GroundfishInseason6.nwr@noaa.gov. Include the I.D. 
number 120805A 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 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 Council's website at: www.pcouncil.org.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at title 50 in the Code of Federal Regulations (CFR), part 660, subpart 
G, regulate fishing for over 80 species of groundfish off the coasts of 
Washington, Oregon, and California. Groundfish specifications and 
management measures are developed by the Pacific 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); August 22, 2005 (70 FR 48897); August 31, 2005 
(70 FR 51682); October 5, 2005 (70 FR 58066); October 20, 2005 (70 FR 
61063); October 24, 2005 (70 FR 61393); and November 1, 2005 (70 FR 
65861).
    Acceptable biological catches (ABCs) and OYs are established for 
each year. Management measures are established at the start of the 
biennial period, and are adjusted throughout the biennial management 
period, to keep harvest within the OYs. At the Pacific Council's 
October 31 - November 4, 2005, meeting in San Diego, CA, the Pacific 
Council's Groundfish Management Team (GMT) considered 2005 catch data 
and new West Coast Groundfish Observer

[[Page 75116]]

Program (WCGOP) data and made recommendations to adjust groundfish 
management measures for December 2005 and for all of 2006. Those 
adjustments were implemented via an inseason action (70 FR 72385, 
December 5, 2005). The management measures for the remainder of 2006 
(March through December) are being implemented through this proposed 
rule.
    The following changes to current groundfish management measures for 
March through December 2006 were recommended by the Pacific Council, in 
consultation with Pacific Coast Treaty Indian Tribes and the States of 
Washington, Oregon, and California, at its October 31-November 4, 2005, 
meeting in San Diego, CA. The changes recommended by the Pacific 
Council include: (1) adjustments to the limited entry fixed gear and 
open access sablefish daily trip limit (DTL) fishery north of 36[deg] 
N. lat., (2) adjustments to limited entry trawl cumulative limits for 
sablefish, thornyheads, Dover sole, other flatfish, petrale sole, 
arrowtooth flounder, slope rockfish, splitnose rockfish, and lingcod, 
(3) adjustments to limited entry fixed gear and open access cumulative 
limits for shelf, shortbelly, and widow rockfish south of 34[deg]27' N. 
lat. and minor nearshore and black rockfish between 42[deg] N. lat. and 
40[deg]10' N. lat., (4) adjustments to the Rockfish Conservation Area 
(RCA) boundaries, (5) adjustments to Washington, Oregon and 
California's recreational groundfish fisheries, (6) establishment of 
limited entry trawl, limited entry fixed gear, and open access trip 
limits for Pacific cod and spiny dogfish, (7) adjustments to the tribal 
management measures for Pacific cod, spiny dogfish and thornyheads and 
(8) clarification of the non-groundfish trawl rockfish conservation 
area (RCA). Pacific Coast groundfish landings will be monitored 
throughout the year, and further adjustments to trip limits, RCAs, or 
management measures will be made as necessary to allow achievement of, 
or to avoid exceeding, OYs.

Limited Entry Trawl Fisheries

    The trawl bycatch model was updated with bycatch and discard rates 
based on new WCGOP data from September 2004 through April 2005. This 
update also incorporated four months of data (January through April 
2005) from when selective flatfish gear was required shoreward of the 
trawl RCA north of 40[deg]10' N. lat. The GMT used the updated trawl 
bycatch model to analyze adjustments to trawl RCA boundaries and 
bimonthly limits for target species (sablefish, thornyheads, Dover 
sole, petrale sole, other flatfish, arrowtooth, slope rockfish, and 
splitnose rockfish) for 2006. Management measures for March through 
December are being proposed in this rule.
    The Pacific Council recommended adjustments to limited entry trawl 
cumulative limits for certain target species coastwide, such as 
sablefish, thornyheads, Dover sole, other flatfish, and arrowtooth 
flounder, based on projections from the trawl bycatch model. These 
adjustments for 2006 are projected to keep harvest within the OYs. NMFS 
concurs with this recommendation; and therefore, is proposing adjusted 
cumulative limits for these species during March through December 2006 
are shown in Table 3 (North) and Table 3 (South). Adjustments to 
limited entry trawl cumulative limits for other target species are 
described in detail below.

Petrale Sole

    In order to avoid exceeding the petrale sole ABC in 2006 and 
promote year round fishing opportunities, the Pacific Council 
recommended establishing cumulative limits in the bottom trawl fishery 
during Period 6 (November through December). In the past, petrale sole 
landings were not limited during this period. NMFS concurs with this 
recommendation; and therefore, is proposing that north of 40[deg]10' N. 
lat., limited entry trawl large and small footrope limits would be 
60,000 lb (27,216 kg) per 2 months during November and December. North 
of 40[deg]10' N. lat., limited entry selective flatfish trawl limits 
would be 25,500 lb (11,567 kg) per 2 months during November and 
December. South of 40[deg]10' N. lat., limited entry trawl limits would 
be 60,000 lb (27,216 kg) per 2 months during November and December.
    In response to higher than anticipated catches of petrale sole in 
2005, trawl RCA boundaries were adjusted inseason (70 FR 58066, October 
5, 2005) to reduce the catch of petrale sole in Period 6. The 
implementation of petrale sole cumulative limits for Periods 1 and 6 of 
2006 should prevent these higher than anticipated catches from 
reoccurring in 2006. Therefore, the Pacific Council recommended for 
2006, to restore the position of the trawl RCA that was initially 
scheduled for Period 6 in 2005. NMFS concurs with this recommendation; 
and therefore, is proposing the position of the trawl RCA during Period 
6 would be defined by coordinates approximating the following depth 
contours: (1) north of 40[deg]10' N. lat., it extends between the 200-
fm (366-m), modified to exclude certain petrale sole areas from the 
RCA, and the 75-fm (137-m) depth contours; (2) between 40[deg]10' N. 
lat. and 34[deg]27' N. lat., it extends between the 150-fm (274-m) and 
the 75-fm (137-m) depth contours; and (3) south of 34[deg]27' N. lat., 
it extends between the 150-fm (274-m) and the 75-fm (137-m) depth 
contours along the mainland coast and between the 150-fm (274-m) depth 
contour and the shoreline around islands.

Slope and Splitnose Rockfish Limits Between 40[deg]10' N. lat. and 
38[deg] N. lat.

    At the most recent Pacific Council meeting, the GMT considered a 
request to liberalize management measures for minor slope and splitnose 
rockfish in 2006. The harvest of these species has been constrained in 
recent years because they co-occur with darkblotched rockfish, an 
overfished rockfish species.
    Darkblotched rockfish are not distributed uniformly along the coast 
but instead are most concentrated in waters off Washington and northern 
Oregon, with a gradient of decreasing density extending south. Only 
about three percent of the NMFS triennial bottom trawl survey's 
cumulative catch-per-unit-effort of darkblotched rockfish occurs south 
of 38[deg] N. lat. This observation of decreased density led to 
implementation of a management line at 38[deg] N. lat. that allows 
slope management south of 38[deg] N. lat. to be separated from 
management actions needed to rebuild darkblotched, and allows the 
severity of management measures between 40[deg]10' N. lat. and 38[deg] 
N. lat. to be intermediate to those for areas south of 38[deg] N. lat. 
and north of 40[deg]10' N. lat.
    Darkblotched rockfish bycatch rates between 40[deg]10' N. lat. and 
38[deg] N. lat. at depths greater than 150-fm (274-m) are considerably 
lower than those for the same depth range north of 40[deg]10' N. lat. 
When bycatch rates for darkblotched rockfish between 40[deg]10' N. lat. 
and 38[deg] N. lat. are compared to bycatch rates from depths greater 
than 200 fm (366 m) north of 40[deg]10' N. lat., the rates are similar. 
Given this information, the GMT does not recommend greatly increasing 
slope and splitnose rockfish cumulative limits as well as implementing 
a shallower trawl RCA, such as the trawl RCA that is in place south of 
38[deg] N. lat., in the area between 40[deg]10' N. lat. and 38[deg] N. 
lat. Cumulative slope and splitnose rockfish limits on the order of 
20,000 lb (9,072 kg) per 2 months could likely be allowed if the 
seaward trawl RCA boundary approximated the 200-fm (366-m) depth 
contour. However, availability of slope and splitnose rockfish species 
is limited at depths greater than 200-fm

[[Page 75117]]

(366-m). Alternatively, slope and splitnose rockfish cumulative limits 
of 8,000 lb (3,628 kg) per 2 months could be used in conjunction with a 
seaward trawl RCA boundary approximating the 150-fm (274-m) depth 
contour. The Pacific Council continues to recommend management measures 
for this area that are intermediate in severity to those used in the 
areas north of 40[deg]10' N. lat. and south of 38[deg] N. lat. After 
feedback from the Pacific Council's Groundfish Advisory Panel and the 
trawl industry, the Pacific Council recommended minor adjustments to 
cumulative limits and the position of the trawl RCA.
    NMFS concurs with this recommendation. Therefore, slope and 
splitnose rockfish cumulative limits are proposed to be increased from 
4,000 (1,814 kg) per 2 months to 8,000 lb (3,628 kg) per 2 months and 
the seaward trawl RCA boundary would approximate the 150-fm (274-m) 
depth contour, rather than the 200-fm (366-m) depth contour for the 
area between 40[deg]10' N. lat. and 38[deg] N. lat for 2006. This 
regulatory change is expected to allow trawl fisheries in this area to 
access more abundant slope rockfish species while still maintaining a 
low incidental catch of darkblotched rockfish.

Lingcod

    Lingcod has rebuilt quickly in recent years and is being caught in 
greater numbers in a range of fisheries coastwide. WCGOP data shows 
that there is considerable discard of lingcod in the limited entry 
bottom trawl fishery and suggests that allowing increased retention of 
lingcod may reduce discard. In 2005, north of 40[deg]10'N. lat., the 
lingcod selective flatfish trawl limit was 800 lb (363 kg) per 2 months 
for January through April and September through December, while it was 
1,000 lb (454 kg) per 2 months for May through July. The lingcod large 
and small footrope limits for 2005 were 500 lb (227 kg) per 2 months. 
South of 40[deg]10'N. lat., the lingcod small footrope limit was 800 lb 
(363 kg) per 2 months for January through April and September through 
December, and was 1,000 lb (454 kg) per 2 months for May through July. 
The lingcod midwater limit south of 40[deg]10'N. lat. was 500 lb (227 
kg) per 2 months. In 2005, the lingcod large footrope limits were the 
same north and south of 40[deg]10' N. lat. While a substantial increase 
in lingcod cumulative limits may encourage targeting of lingcod and 
allow additional bycatch of overfished species (which tend to reside in 
areas of similar rocky habitat), the Pacific Council believed that a 
modest increase in lingcod retention could be allowed without 
negatively affecting lingcod or co-occurring overfished species. In 
2004 and 2005, lingcod harvest has been well under its rebuilding OY 
(by more than 100 mt) and these cumulative limit increases are not 
projected to affect total lingcod mortality but instead change lingcod 
discard into landings.
    Therefore, the Pacific Council recommended that lingcod cumulative 
limits in the limited entry trawl fishery be increased to 1,200 lb (544 
kg) per 2 months coastwide for all gear types. NMFS concurs with this 
recommendation and proposes to implement this adjustment.

Canary Rockfish

    Based on landings of canary rockfish in the 2005 fishery and 
discard rate estimates from the WCGOP, the mortality of canary rockfish 
in the limited entry bottom trawl fishery is higher than originally 
predicted for the year. In order to reduce mortality of canary rockfish 
in the 2006 fishery, the GMT modeled options expanding the size of the 
trawl RCA north of 40[deg]10' N. lat. by moving the shoreward boundary 
from approximating the 100-fm (183-m) depth contour to approximating 
the 75-fm (137-m) depth contour during Periods 2 , 3, and 5. This 
expansion should reduce the catch of canary rockfish catch shoreward of 
the trawl RCA in areas north of 40[deg]10' N. lat.
    By applying the discard rates from the WCGOP inseason, it was 
estimated that the limited entry trawl fishery had caught 9.5 mt of 
canary rockfish by the end of September 2005. The position of the trawl 
RCA (extending between the 250-fm (457-m) depth contour to the 
shoreline) from October 1 - December 31, 2005, is anticipated to 
effectively keep canary total catch at 9.5 mt through the end of 2005. 
Using the revised bycatch rates from the WCGOP, including data through 
April 2005, the proposed limited entry trawl trip limits for 2006 would 
result in an estimated canary rockfish impact of 7.3 mt. When these 
revised bycatch rates are used in conjunction with 2005 management 
measures, the bycatch model is able to closely approximate the amount 
of canary rockfish estimated to be taken during 2005. However, the 
updated model does not include new bycatch data beyond Period 2 in 2005 
and the Pacific Council and NMFS are still concerned with the degree of 
uncertainty in projections of the catch of overfished species with 
selective flatfish trawl gear. Groundfish fisheries will continue to be 
monitored in 2006 and further inseason adjustments may be necessary.
    Therefore, the Pacific Council recommended and NMFS is proposing a 
trawl RCA that extends between specific latitude and longitude 
coordinates approximating the 200-fm (366-m) depth contour to 
coordinates approximating the 75-fm (137-m) depth contour for Periods 
2, 3, and 5 north of 40[deg]10' N. lat. During Period 4, in the area 
north of 40[deg]10' N. lat., the trawl RCA would extend between 
coordinates approximating the 200-fm (366-m) depth contour and the 100-
fm (183-m) depth contour as was previously scheduled.

Limited Entry Fixed Gear and Open Access Fisheries Sablefish Limits 
North of 36[deg] N. lat.

    In recent years, the sablefish daily trip limit (DTL) fishery north 
of 36[deg] N. lat. has caught substantially less than its allocation. 
Therefore, the GMT believes that some liberalization of sablefish DTL 
cumulative limits is warranted. In 2005, the sablefish limited entry 
and open access DTL limits for January through September were 300 lb 
(136 kg) per day, or 1 landing per week up to 900 lb (408 kg), not to 
exceed 3,600 lb (1,633 kg) per 2 months. These sablefish DTL cumulative 
limits were increased for October through December to 500 lb (227 kg) 
per day, or 1 landing per week up to 1,500 lb (680 kg), not to exceed 
9,000 lb (4,082 kg) per 2 months. The GMT is concerned with the lack of 
effort controls in this fishery and recommended a cautious approach to 
increasing its cumulative sablefish limits. The Pacific Council 
considered two options for increasing sablefish DTL limits. The first 
option maintained the previously scheduled daily limit of 300 lb (136 
kg) per day, increased the weekly limit to 1,000 lb (454 kg), and 
increased the two month limit to 5,000 lb (2,268 kg). The second option 
increased the daily limit to 400 lb (181 kg), increased the weekly 
limit to 1,200 lb (544 kg), and increased the 2-month limit to 4,800 lb 
(2,177 kg). Because radical changes in effort for this fishery have 
historically been driven by changes in the daily and weekly limit, 
there is a greater risk of needing to restrict the fishery later in the 
year associated with the second option. Total catch in the sablefish 
DTL fishery can be managed under either option, but restricting the 
fishery later in the year may result in an inequitable distribution of 
catch and revenues because this fishery starts earlier in southern 
areas than in northern areas.
    Therefore, the Pacific Council recommended and NMFS is proposing 
sablefish limited entry fixed gear and open access cumulative limits of 
300 lb

[[Page 75118]]

(136 kg) per day, or 1 landing per week up to 1,000 lb (454 kg), not to 
exceed 5,000 lb (2,268 kg) per 2 months for the area north of 36[deg] 
N. lat.

Shelf, Shortbelly, and Widow Rockfish South of 34[deg]27' N. lat.

    At its most recent meeting, the Pacific Council also considered a 
request to increase shelf rockfish, shortbelly, and widow rockfish 
cumulative limits from 2,000 lb (907 kg) per 2 months to 3,000 lb 
(1,361 kg) per 2 months for limited entry fixed gear and from 500 lb 
(227 kg) per 2 months to 750 lb (340 kg) per 2 months for open access 
fixed gear. In 2005, these cumulative limit increases were implemented 
inseason for July through December. After reviewing the GMT's analysis 
of landings during 2005, the Pacific Council determined that the 
requested increase could be accommodated in 2006.
    Therefore, the Pacific Council recommended and NMFS is proposing a 
shelf, shortbelly, and widow rockfish limited entry cumulative limit of 
3,000 lb (1,361 kg) per 2 months and an open access cumulative limit of 
750 lb (340 kg) per 2 months for the area south of 34[deg]27' N. lat.

Minor Nearshore and Black Rockfish between 40[deg]10' N. lat. and 
42[deg] N. lat.

    In 2005, the minor nearshore and black rockfish limited entry fixed 
gear and open access limits were increased inseason 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, for July through December. As with the 
previously discussed adjustments to cumulative limits, the Pacific 
Council received a request to continue these 2005 inseason adjustments 
into 2006. A review of 2005 PacFIN data revealed no higher than 
anticipated catch of black rockfish, particularly with respect to black 
rockfish state harvest guidelines and commercial/recreational catch 
sharing.
    Therefore, the Pacific Council recommended and NMFS is proposing 
the minor nearshore and black rockfish limited entry fixed gear and 
open access cumulative limit of 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.

Establish Trip Limits for Pacific Cod and Spiny Dogfish

    Recent harvest levels and the potential for new markets developing 
off the West Coast has highlighted the potential need for further 
management measures, such as trip limits, to control harvest of Pacific 
cod and spiny dogfish in 2006.
    Both of these stocks have harvest specifications (also known as 
acceptable biological catch (ABC) and OY) set for 2005 and 2006. 
Pacific cod has its own ABC/OY north of 43[deg] N. lat. and Pacific cod 
(south of 43[deg] N. lat. only) and spiny dogfish are included in the 
``other fish'' ABC/OY.
    The ABC levels for Pacific cod and ``other fish'' have been based 
on historical landings. When determining numerical OYs for individual 
species and species groups for which the ABC is based on a non-
quantitative assessment, the Pacific Council may apply precautionary 
adjustments. Since 2000, the Pacific Council has adjusted the OYs for 
several unassessed stocks to 50 percent of the historical average catch 
levels. Although the ABCs for Pacific cod and ``other fish'' have been 
based on historical landings, precautionary adjustments were not used 
to establish OYs until the 2005-2006 biennial management cycle.
    Neither Pacific cod nor spiny dogfish has ever been formally 
assessed on the West Coast. A formal stock assessment for West Coast 
spiny dogfish is recommended for the next assessment cycle (2007). Even 
in the absence of a formal assessment, life history information 
indicates that characteristics of the spiny dogfish (slow growing, late 
maturing, low fecundity) make it susceptible to overfishing. Dogfish 
populations have been depressed as a result of fishing in areas of 
Puget Sound and have been declared overfished off the U.S. East Coast. 
Pacific cod, on the other hand, is a transboundary stock with most of 
its biomass distributed north of the U.S.-Canada border. Pacific cod 
stocks are depressed off the West Coast of Canada.
    In recent years, commercial fishermen targeting spiny dogfish have 
been constrained by their assumed bycatch of yelloweye and canary 
rockfish, two species which have been declared overfished, and are 
managed under rebuilding plans. To provide protection for these 
overfished stocks, NMFS implemented RCAs, which are large areas closed 
to fishing with designated gear types. While there are limited entry 
programs in place for trawl and fixed gear, there is also an open 
access fishery, which is allowed to target groundfish with fixed gear. 
Since effort is not limited, the fishery has a potential to overharvest 
spiny dogfish and Pacific cod and/or exceed the projected bycatch 
associated with the fisheries inseason, even with the RCAs in place. To 
address the potential of exceeding the estimated amounts of canary and 
yelloweye rockfish bycatch, which was anticipated for the open access 
fishery in 2005, the NMFS adopted an emergency rule to set bycatch 
limits for the directed groundfish open access fishery. These limits 
were originally set at 1.0 mt for canary rockfish and 0.6 mt for 
yelloweye rockfish; these limits were raised inseason to 3.0 mt of each 
species, based on updated projections using WCGOP data.
    Based on the life history characteristics of spiny dogfish, their 
status in other areas, and the lack of effort control in this fishery, 
the Council recommended that NMFS adopt harvest control regulations 
(i.e., trip limits), beginning in 2006. Given that a spiny dogfish 
assessment is likely to occur in 2007, the Council decided to set a 
separate ABC and OY for spiny dogfish following the next assessment 
cycle (i.e., for the 2009-2010 management period).
    Neither stock has had management measures, such as trip limits, 
specified in the past. This is a potential management concern given the 
conservation issues of these stocks and, for Pacific cod, 2004 harvests 
that approached the 2005 OY. Under the Pacific Coast Groundfish FMP at 
6.2.1, new routine management measures must be established through a 
full rulemaking process (proposed and final rule). This action follows 
the Pacific Coast Groundfish FMP's guidance at 6.2.1 for spiny dogfish 
and Pacific cod.
    In order to develop trip limits for spiny dogfish and Pacific cod, 
the GMT did trip frequency analyses for both species using fish ticket 
data from the 2000-2004 fisheries. The trip limits recommended by the 
Pacific Council were developed to generally accommodate current harvest 
levels on a two-month cumulative basis. It is anticipated that, if 
participation in the groundfish fishery remains at the current level, 
these trip limits would keep total fishing mortality during each year 
within the ABC/OY established for that year.
    In addition, the Makah Tribe has requested a harvest guideline for 
Pacific cod of 350-400 mt to accommodate the tribal fisheries. While 
the Makah Tribe requested and the Pacific Council recommended a range 
of 350-400 mt to be set aside from the Pacific cod OY, NMFS will 
implement the more conservative end of the Pacific Council's request 
for the tribes, 400 mt. Tribal harvest of Pacific cod was 254 mt in 
2003 and 350 mt in 2004, which is a substantial portion of the harvest 
off the northern Washington coast. Currently,

[[Page 75119]]

this tribal harvest is accounted for in the overall OY, which is shared 
by tribal and non-tribal fisheries. As proposed, the tribal harvest 
guideline would be subtracted from the overall OY, and would reduce the 
amount of the commercial harvest guideline that is available for non-
tribal fisheries. The proposed trip limits for the non-tribal fisheries 
may need to be adjusted inseason to stay within the non-tribal portion 
of the OY.
    In 2005, concerns over unanticipated participants in the open 
access fisheries, and the estimated amounts of targeted species harvest 
and potential bycatch of overfished rockfish, were addressed through 
bycatch limits for canary and yelloweye rockfish that were established 
for the open access sector through emergency rule (70 FR 23804, May 5, 
2005; revised at 70 FR 38596, July 5, 2005; renewed at 70 FR 65861, 
November 1, 2005) and were extended through May 1, 2006. If trip limits 
for spiny dogfish and Pacific cod are implemented for March through 
December 2006, the Pacific Council recommended that the bycatch limits 
for canary and yelloweye rockfish for the open access sector not be 
extended into 2006. Thus, if this rule is implemented, NMFS proposes to 
remove the bycatch limits with implementation of a final rule for this 
action.
    Therefore, the Pacific Council recommended and NMFS is proposing a 
tribal harvest guideline of 400 mt of the 2006 Pacific cod OY, removal 
of open access bycatch caps, designating trip limits as routine for 
spiny dogfish and Pacific cod at Sec.  660.370(c), and establishing 
trip limits for Pacific cod and spiny dogfish as follows: (1) Limited 
entry trawl trip limits for Pacific cod coastwide will be 30,000 lb 
(13,608 kg) per 2 months in Periods 2 (March-April) and 6 (November-
December) and 70,000 lb (31,752 kg) per 2 months in Periods 3 through 5 
(May-October); (2) Limited entry fixed gear and open access trip limits 
coastwide for Pacific cod will be 1,000 lb (454 kg) per 2 months in 
Periods 2 through 6; (3) Limited entry trawl, limited entry fixed gear 
and open access trip limits for spiny dogfish coastwide will be 200,000 
lb (90,719 kg) per 2 months in Period 2, 150,000 lb (68,039 kg) per 2 
months in Period 3 (May-June), and 100,000 lb (45,359 kg) per 2 months 
in Periods 4-6 (July-December).
    At the November Pacific Council meeting, the Pacific Council also 
recommended and NMFS is proposing that the tribes manage tribal dogfish 
fisheries within the non-tribal dogfish trip limits.

Tribal Commercial Fisheries

    The Makah Tribe is planning a bottom trawl fishery targeting Dover 
sole, longspine thornyheads, shortspine thornyheads, and sablefish 
(DTS) for 2006. In order to prosecute a DTS fishery, the tribes would 
need a modification of their current management regime. Rather than 
fish under the current 300 lb (136 kg) per trip limit of combined 
thornyhead species, the Makah Tribe proposes to operate under the 
limited entry trawl trip limits for both shortspine and longspine 
thornyheads. The Pacific Council agreed with this proposal.
    Therefore, in addition to the tribal harvest guideline of 400 mt 
being proposed for Pacific cod and the tribal fisheries for spiny 
dogfish operating under trip limits as mentioned above in the preamble, 
the Pacific Council recommended and NMFS is proposing to allow the 
tribes to operate under the limited entry trawl trip limits for both 
shortspine and longspine thornyheads.

RCAs

    This rule also proposes revisions to specific latitude and 
longitude coordinates that comprise RCA boundaries. In general, these 
revisions correct mistakes such as the transposition of latitude and 
longitude coordinates, single coordinates that are either incorrect or 
missing, and single coordinates that deviate from the depth contour. 
Affected RCA boundaries are the 30-fm (55-m) and 60-fm (110-m) 
boundaries around the northern Channel Islands and the coastwide 150-fm 
(274-m) boundary.

Non-Groundfish Trawl RCA

    The non-groundfish trawl RCA has, in the past, generally followed 
the same RCA boundary lines as the limited entry trawl RCA. Therefore, 
when referring generally to the ``trawl RCA,'' it has meant both 
limited entry trawl and non-groundfish trawl. However, RCA boundaries 
for these two sectors, limited entry trawl and non-groundfish trawl, 
may differ. The trip limit tables for these sectors, Tables 3 and 5, 
differentiate the trawl RCAs by calling those in Table 5 (open access 
trip limit table), non-groundfish trawl RCA. However, in Section 
660.383 of the regulations, open access fishery management measures, 
the general term ``trawl RCA'' is used.
    Therefore, in order to be more clear, NMFS proposes to replace the 
term ``trawl RCA'' in Section 660.383 with the term ``non-groundfish 
trawl RCA.''

Washington's Recreational Groundfish Fishery

    The Washington Department of Fish and Wildlife (WDFW) took inseason 
action in August 2005 to close the Washington recreational bottomfish 
fisheries seaward of the recreational RCA, a line approximating the 30-
fm (55-m) depth contour north of Leadbetter Pt., WA (46[deg]38.17' N. 
lat.), since the canary and yelloweye rockfish catches were approaching 
the state's recreational harvest targets for those species. NMFS took 
conforming action through the inseason action published in the Federal 
Register on October 5, 2005 (70 FR 58066). Because the state 
recreational harvest targets are annual targets that are used to stay 
within joint WA/OR annual harvest guidelines, the Pacific Council 
recommended that the prohibition on fishing seaward of a boundary line 
approximating the 30-fm (55-m) depth contour be removed for the 2006 
Washington recreational fishery, beginning January 1, 2006, but remain 
available as an option for inseason action in 2006 should the canary or 
yelloweye rockfish harvest target be approached.
    Therefore, the Pacific Council recommended and NMFS proposes 
removing the prohibition on fishing seaward of the 30-fm (55-m) 
boundary line between the U.S./Canada border and 46[deg]38.17' N. lat. 
(Leadbetter Point, WA) and maintaining the availability of that 
boundary for inseason management in 2006.

Oregon's Recreational Groundfish Fishery

    In addition to other bag limit reductions in 2005, the Oregon 
Department of Fish and Wildlife (ODFW) took inseason action in July 
2005 to reduce the daily recreational marine fish bag limit from 8 fish 
to 5 fish to slow the harvest of black rockfish. ODFW took additional 
action in August 2005 to prohibit retention of cabezon in the 
recreational ocean boat fishery, due to attainment of the annual state 
harvest guideline for cabezon. NMFS took conforming action on both of 
these items through the inseason action published in the Federal 
Register on October 5, 2005 (70 FR 58066). The Federal and state 
harvest guidelines are set on an annual basis, and the inseason actions 
taken in 2005 were in response to attainment of harvest guidelines set 
for the 2005 fishing year. The Pacific Council recommended that the 
recreational bag limit regulations that were in place in January 2005 
be implemented in January 2006 to allow fisheries access to available 
harvest. In

[[Page 75120]]

March 2005, NMFS published an inseason action (70 FR 16145, March 30, 
2005) which, in part, revised the Federal marine fish species list for 
Oregon to match the list used in Oregon state regulation. Therefore, in 
addition to the wording in the January 2005 regulations, NMFS will 
include the revised species list in the 2006 Oregon recreational 
language. ODFW anticipates requesting Federal inseason action on their 
recreational regulations in March 2006, pending Oregon Department of 
Fish and Wildlife Commission approval of regulations governing the 2006 
recreational fishery.
    Therefore, the Pacific Council recommended and NMFS is proposing 
recreational groundfish fishery regulations off of Oregon as they read 
at the beginning of 2005, with the exception that NMFS is maintaining 
the revised species list as published in the Federal Register on March 
30, 2005 (70 FR 16145) so that it is clear that Oregon's marine fish 
bag limit also excludes salmonids, hybrid bass, and offshore pelagic 
species.

California's Recreational Groundfish Fishery

    The Pacific Council recommended a change in the recreational RCAs 
south of 34[deg]27' N. lat. for 2006 from a closed shoreward of a 
boundary line approximating the 30-fm (55-m) depth contour and a closed 
seaward of a boundary line approximating the 60-fm (110-m) depth 
contour (i.e., open between the 30-fm (55-m) and 60-fm (110-m) boundary 
lines) to closed either seaward of a boundary line approximating the 
30-fm (55-m) depth contour or closed seaward of a boundary line 
approximating the 60-fm (110-m) depth contour, depending on the season. 
This change is expected to alleviate confusion among recreational 
anglers on what depths are closed to fishing and provide for a more 
enforceable depth restriction. The California Department of Fish and 
Game conducted an impact analysis using projected catch estimates for 
2006 (based on 2004 California Recreational Fisheries Survey 
estimates). The analysis indicated that this change will not 
significantly increase groundfish catches in this area during this time 
period and will keep the harvest within the current harvest targets.
    In addition, management measures for recreational fisheries off 
California in December 2006 are adjusted to conform Federal and state 
regulations for the recreational RCA between 40[deg]10' N. lat. and 
36[deg] N. lat. At the Pacific Council's April 2005 meeting, the 
Pacific Council recommended, in part, that the recreational RCA 
prohibit fishing seaward of the 20-fm (37-m) depth contour for July 
through December. NMFS inadvertently missed this recommendation as it 
applied to December in the May inseason action (70 FR 23040, May 4, 
2005) and, therefore, Federal regulations implemented a recreational 
RCA extending between the shoreline and the EEZ during December.
    Therefore, the Pacific Council recommended and NMFS is proposing 
2006 California recreational groundfish fishery RCA regulations as 
follows:
    (1) Between 40[deg]10' N. lat. and 36[deg] N. lat., recreational 
fishing for all groundfish (except ``other flatfish'') is prohibited 
seaward of the 20-fm (37-m) depth contour along the mainland coast and 
along islands and offshore seamounts from July 1 through December 31; 
and is closed entirely from January 1 through June 30 (i.e., prohibited 
seaward of the shoreline).
    (2) South of 34[deg]27.00' N. latitude, recreational fishing for 
all groundfish (except California scorpionfish and ``other flatfish'') 
is prohibited seaward of a boundary line approximating the 60-fm (110-
m) depth contour from March 1 through August 30 and November 1 through 
December 31 along the mainland coast and along islands and offshore 
seamounts; recreational fishing is also prohibited seaward of a 
boundary line approximating the 30-fm (55-m) depth contour from 
September 1 through October 31; except in the CCAs where fishing is 
prohibited seaward of the 20-fm (37-m) depth contour when the fishing 
season is open. Recreational fishing for all groundfish (except ``other 
flatfish'') is closed entirely from January 1 through February 28 
(i.e., prohibited seaward of the shoreline). Recreational fishing for 
California scorpionfish south of 34[deg]27.00' N. latitude is 
prohibited seaward of a boundary line approximating the 30-fm (55-m) 
depth contour from October 1 through October 31, and seaward of the 60-
fm (110-m) depth contour from November 1 through December 31, except in 
the CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth 
contour when the fishing season is open. Recreational fishing for 
California scorpionfish south of 34[deg]27.00' N. latitude is closed 
entirely from January 1 through September 30 (i.e., prohibited seaward 
of the shoreline).

Reduction to the 2006 Darkblotched Rockfish OY

    In August 2005, the agency received a Court of Appeals ruling in 
Natural Resources Defense Council v. National Marine Fisheries Service, 
421 F.3d 872 (9th Cir. 2005). The Court of Appeals reversed an earlier 
District Court's holding that the Agency had not violated the Magnuson-
Stevens Act in setting its 2002 harvest specifications for darkblotched 
rockfish. The Court of Appeals also remanded the case to the District 
Court for any further proceedings.
    At this November 2005 meeting, the Pacific Council began 
consideration of the groundfish harvest specifications and management 
measures for 2007-2008. The Council is next scheduled to address this 
issue in April 2006, with final adoption in June 2006. NMFS will then 
publish the Council's recommendations for the 2007-2008 harvest 
specifications and management measures in the Federal Register for 
public notice and comment. The agency expects to implement the 2007-
2008 groundfish specifications and management measures by January 1, 
2007. When considering both the Court of Appeals ruling and its own 
schedule for developing 2007-2008 harvest specifications and management 
measures, the Council recommended interim measures to address 
darkblotched rockfish rebuilding in 2006 and a process for revising all 
of the overfished species rebuilding plans for 2007 and beyond.
    For darkblotched rockfish in 2006, the Council asked its GMT to 
analyze the expected effects on darkblotched rockfish of reducing the 
previously adopted 2006 OY of 294 mt, using the conclusions of the 2005 
darkblotched stock assessment, the best available science. (A draft 
assessment document was reviewed in May 2005 by a Council-sponsored 
Stock Assessment Review (STAR) Panel, which included two independent 
reviewers from the Center for Independent Experts. Following changes to 
the model and document based on the STAR Panel review, the assessment 
was reviewed by the Council's Scientific and Statistical Committee, 
which recommended the assessment to the Council at its September 2005 
meeting. At the same meeting, the Council approved the assessment.) In 
order to illustrate the effects of different OYs on darkblotched 
rebuilding, the GMT analyzed a variety of potential 2006 OYs ranging 
from 0-696 mt. The GMT estimated that with a darkblotched OY of zero, 
the stock would be rebuilt by June 2009; with an OY of 200 mt, the 
stock would be rebuilt by March 2010; and with the OY based on the 
current harvest rate (OY of 269 mt in 2005 and 294 mt in 2006), the 
stock would be rebuilt by June 2010.
    Darkblotched rockfish harvest in 2005 was much lower than the 
available OY

[[Page 75121]]

due to management measures intended to protect canary rockfish, which 
can co-occur with darkblotched at some depths and in some areas. The 
GMT analysis of a 2006 OY level of 200 mt is based on the projected 
estimates of darkblotched rockfish assuming a continuation of the 
currently planned management measures, which are intended to constrain 
the total catch of all overfished species. At a 2006 darkblotched 
rockfish OY of 200 mt, the stock is expected to rebuild to the MSY 
level by March 2010. An OY of 200 mt is not expected to noticeably 
alter the economic impacts of the 2005-2006 harvest specifications and 
management measures on the public, since darkblotched rockfish harvest 
is projected to already be constrained at this level by measures 
intended to protect canary rockfish.
    This action proposes using Magnuson-Stevens Act authority at 
Section 305(c)(2)(B) to implement an interim measure to reduce the 2006 
darkblotched rockfish OY from 294 mt to 200 mt. The Pacific Council 
recommended this reduction in consideration of the recent 9th Circuit 
Court of Appeals decision in Natural Resources Defense Council v. NMFS, 
421 F.3d 872 (9th Cir. 2005). In response to that decision, the Pacific 
Council is developing Amendment 16-4 to revise all rebuilding time 
periods to be ``as short as possible,'' while taking into account the 
status and biology of the overfished stocks, the needs of the fishing 
communities, and the interaction of the overfished stocks within the 
marine ecosystem.
    For 2006, the Pacific Council recommended establishing the 
darkblotched OY at 200 mt, which is based on the most recent 
information to derive projections of 2006 catch of darkblotched (192 
mt), assuming the current restrictive management measures remain in 
place. Of the 200 mt, 5.2 mt are anticipated to be taken during 
research activity, leaving 194.8 mt available to the commercial 
fishery. This revised OY would minimize the potential that the actual 
harvest in 2006 could exceed the amount that is currently estimated to 
be harvested under on the current management regime. In making this 
recommendation, the Council rejected a harvest rate of zero (and 
corresponding OY of zero) because it would ignore entirely the needs of 
fishing communities and would have devastating economic impacts while 
at the same time reducing by less than one year the time to rebuild the 
stock, relative to an OY of 200 mt.
    NMFS agrees with the recommendation of the Pacific Council. It 
represents a good faith interim step to maintain, during the 
development and implementation for 2007 of a revised rebuilding period 
and associated measures, the darkblotched rockfish mortality at current 
levels without increasing the economic impacts on the already heavily 
restricted fishery. NMFS proposes to implement the reduction via this 
proposed rule in order to give the public the opportunity to comment on 
the reduction before it is promulgated as a final rule. On December 2, 
2005, District Judge Breyer ordered that: this proposed rule be filed 
by December 15, 2005; the comment period shall run through January 15, 
2006; and the final rule shall be filed no later than February 15, 
2006. NMFS would intend for the reduction in the 2006 darkblotched 
rockfish OY to be in effect for all of 2006, once implemented.
    For 2007 and beyond, the Council adopted a revised schedule for 
developing the 2007-2008 groundfish harvest specifications and 
management measures that includes revisions to all of the overfished 
species rebuilding plans. While developing the 2007-2008 groundfish 
specifications and management measures, the Council intends to develop 
Amendment 16-4 to the FMP. Amendment 16-4 would revise all of the 
rebuilding plans in the FMP using the Court of Appeals guidance to set 
target dates for rebuilding plans and associated allowable harvest 
levels for overfished species.

Lingcod Rebuilt

    At its October 31 - November 4 meeting, the Council adopted the 
2005 groundfish stock assessments that will be used to derive the 2007-
2008 harvest specifications and management measures. Council adoption 
of stock assessments follows the detailed Stock Assessment Review panel 
(STAR) process, which culminates in Scientific and Statistical 
Committee (SSC) review of the stock assessments and STAR panel reviews 
of those assessments. The SSC makes recommendations to the Council on 
the appropriateness of using the different stock assessments for 
management, after which the Council considers whether to adopt those 
stock assessments.
    Lingcod was initially declared overfished in 1999 (64 FR 49092, 
September 10, 1999.) The 2005 lingcod stock assessment estimates that 
the coastwide lingcod stock in 2005 is at 64 percent of its unfished 
biomass level, with the northern component of the stock (north of Cape 
Mendocino, CA) at 87 percent of its unfished biomass level and the 
southern component of the stock at 27 percent of its unfished biomass 
level. Because lingcod is managed as a single coastwide stock, the 
stock is considered to be rebuilt above the MSY level, which the FMP 
sets as 40 percent of a stock's unfished biomass. The SSC endorsed the 
2005 lingcod stock assessment as the best available science, and the 
Council adopted the assessment for use in 2007-2008 management.
    Based on the recommendations of the SSC and the Council, this 
Federal Register document announces that NMFS considers the lingcod 
stock off the U.S. West Coast to be rebuilt. Because the 2006 lingcod 
harvest levels were set through a biennial management process based on 
a 2003 stock assessment, lingcod harvest in 2006 will continue to be 
constrained by the lingcod rebuilding plan. As the Council develops 
Amendment 16-4 to the FMP, it plans to consider removing the lingcod 
rebuilding plan from the FMP.

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMP and has preliminarily determined that the rule is consistent with 
the Magnuson-Stevens Act and other applicable laws and is 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.This action contains a variety of proposed revisions to 
management measures and harvest specifications. With respect to the 
Regulatory Flexibility Act (RFA), all of the revisions proposed in this 
action, except trip limits for Pacific cod and spiny dogfish, are 
within the scope of the analysis conducted for the proposed and final 
rules to implement the 2005-2006 groundfish harvest specifications and 
management measures. The Initial Regulatory Flexibility Analysis (IRFA) 
for the 2005-2006 specifications and management measures was summarized 
in the preamble to the proposed rule published on September 21, 2004 
(69 FR 56550,) at pages 56572-56573, and concluded that the then 
proposed action would have intermediary effects between the different 
specifications and management measures alternatives considered. The 
Final Regulatory Flexibility Analysis was summarized in the final rule 
published on December 23, 2004 (69 FR 77012,) at pages 77025-77026, and 
confirmed the conclusions of the IRFA with regard to the effects of the 
action on small entities. A copy of

[[Page 75122]]

this analysis is available from the Council (see ADDRESSES).
    For the management measures that are new for 2006, trip limits for 
spiny dogfish and Pacific cod, NMFS prepared an IRFA as required by 
section 603 of the RFA. The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained in the preamble. A copy of this analysis is 
available from NMFS (see ADDRESSES). A summary of the analysis follows.
    The Pacific coast groundfish fisheries, which include fisheries for 
spiny dogfish and Pacific cod, are covered by the Pacific Coast 
Groundfish FMP and developed by the Pacific Council in collaboration 
with the NMFS. The proposed rule would establish management measures to 
constrain total fishing mortality to within harvest specifications for 
spiny dogfish and Pacific cod, and co-occurring species. These 
management measures will be established for the calendar year 2006, 
although they are considered within the context of past management and 
long-term sustainability of managed fish stocks. Separate harvest 
specifications (ABC/OY) have already been established for each year, 
2005 and 2006; management measures are intended to keep total fishing 
mortality during each year within the ABC/OY established for that year.
    The management measures in this proposed rule would constrain 
commercial harvests in 2006 to levels that will ensure the spiny 
dogfish and Pacific cod stocks, and co-occurring species, are 
maintained at, or restored to, sizes and structures that will produce 
the highest net benefit to the nation, while balancing environmental 
and social values. Currently, there are no specific effort controls on 
the Pacific cod and dogfish fisheries. Although there is a limited 
entry program for Pacific Coast groundfish, there is also an open 
access fishery and neither of these fisheries has specific trip limits. 
In response to a potential increase in effort and capacity from new 
entrants in the open access portion of the fishery, NMFS implemented an 
emergency rule in 2005. This rule set bycatch limits in the directed 
open access groundfish fishery, which includes spiny dogfish and 
Pacific cod (70 FR 23804, May 5, 2005; revised at 70 FR 38596, July 5, 
2005; renewed at 70 FR 65861, November 1, 2005). These limits were set 
to specifically assure that an increase in effort in the spiny dogfish 
fishery would not lead to overfishing on canary and yelloweye rockfish 
and thus lead to potential closures of economically important 
commercial and recreational groundfish fisheries off the West Coast. As 
described in the Environmental Assessment/Regulatory Impact Review/
IRFA, there is not only a concern about the bycatch of overfished 
species, but also about the spiny dogfish and Pacific cod resources as 
well. Neither of these resources has been formally assessed, while 
neighboring stocks are depressed (i.e., Puget sound spiny dogfish and 
Canadian Pacific cod). The management measures in this proposed rule 
will ensure spiny dogfish and Pacific cod are harvested within ABC/OY 
limits during 2006 and in a manner consistent with the Groundfish FMP 
and National Standards Guidelines (50 CFR 600 Subpart D), using routine 
management tools available to the specifications and management 
measures process (FMP at 6.2.1, 50 CFR 660.370(c)).
    The economic impact of these management measures for Pacific cod 
and spiny dogfish will be shared among groundfish buyers and commercial 
harvesters. It is estimated there are about 730 groundfish buyers and 
1,700 commercial vessels coastwide that may be affected by these 
actions. Most of these entities would likely qualify as small 
businesses under the Small Business Administration's criteria, with the 
exception of fewer than 5 buyers/processors. The proposed action would 
affect commercial fisheries primarily off the coasts of Washington and 
Oregon.
    The alternatives analyzed for this action ranged from Alternative 
1, status quo or unlimited trip limits for spiny dogfish and Pacific 
cod, to Alternative 3, the most conservative or constraining trip 
limits. Alternatives 2 and 2a are intermediate trip limit levels. The 
preferred alternatives, proposed via this action are Alternative 2 for 
Pacific cod and Alternative 2a for spiny dogfish. Alternatives 2, 2a 
and 3 vary only slightly in their trip limit levels and were structured 
to maintain current participation in the fishery without encouraging 
new participation. The alternatives accommodate most of the recent 
harvest levels in the fishery, with Alternative 3 being slightly 
constraining to some vessels.
    Because the alternatives analyzed for this action are intended to 
maintain current levels of fishery participation without opening the 
possibility of large-scale new entrants to the fishery, all of the 
alternatives are expected to have little to no impact on current 
fishery participants. However, this action could foreclose opportunity 
for large vessels that may wish to enter the fishery in the future, 
since the trip limits proposed via this action are based on harvest 
levels commonly taken by the current smaller-sized participating 
vessels.
    All of the management measures in this proposed rule, except the 
spiny dogfish and Pacific cod trip limits, are within the scope of the 
EIS prepared for the 2005-2006 Pacific Coast groundfish specifications 
and management measures. NMFS prepared and EA for the spiny dogfish and 
Pacific cod trip limits which discussed a range of alternative trip 
limits which were considered by the Pacific Council. The alternatives 
ranged from Alternative 1, status quo or unlimited trip limits for 
spiny dogfish and Pacific cod, to Alternative 3, the most conservative 
or constraining trip limits. Alternatives 2 and 2a are intermediate 
trip limit levels. The preferred alternatives were Alternative 2 for 
Pacific cod and Alternative 2a for spiny dogfish. Alternatives 2, 2a 
and 3 vary only slightly in their trip limit levels and were structured 
to maintain current participation in the fishery without encouraging 
new participation. The alternatives accommodate most of the recent 
harvest levels in the fishery, with Alternative 3 being slightly 
constraining to some vessels. No significant economic impacts are 
expected for small entities from this action.
    There are no new reporting or record-keeping requirements that are 
proposed as part of this action. No Federal rules have been identified 
that duplicate, overlap, or conflict with the alternatives. Public 
comment is hereby solicited, identifying such rules, if any.
    In accordance with E.O. 13175, this proposed rule was developed 
after meaningful consultation and collaboration with the tribal 
representative on the Pacific Council and tribal officials from the 
tribes affected by this action. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. The tribal 
representative on the Council made a motion to adopt the management 
measures in this rule that would affect tribal fishery participants, 
which was passed by the Council.
    This proposed rule has been determined to be not significant for 
purposes of 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.


[[Page 75123]]


    Dated: November 13, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  660.370, paragraph (c)(1)(i) introductory text, 
(c)(1)(ii), and (d) are revised and paragraphs (c)(1)(iii), (c)(1)(iv) 
and (i) are removed to read as follows:


Sec.  660.370  Specifications and management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) Trip landing and frequency limits, size limits, all gear. Trip 
landing and frequency limits have been designated as routine for the 
following species or species groups: widow rockfish, canary rockfish, 
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black 
rockfish, blue rockfish, splitnose rockfish, chilipepper rockfish, 
bocaccio, cowcod, minor nearshore rockfish or shallow and deeper minor 
nearshore rockfish, shelf or minor shelf rockfish, and minor slope 
rockfish; DTS complex which is composed of Dover sole, sablefish, 
shortspine thornyheads, and longspine thornyheads; petrale sole, rex 
sole, arrowtooth flounder, Pacific sanddabs, and the flatfish complex, 
which is composed of those species plus any other flatfish species 
listed at Sec.  660.302; Pacific whiting; lingcod; Pacific cod; spiny 
dogfish; and ``other fish'' as a complex consisting of all groundfish 
species listed at Sec.  660.302 and not otherwise listed as a distinct 
species or species group. Size limits have been designated as routine 
for sablefish and lingcod. Trip landing and frequency limits and size 
limits for species with those limits designated as routine may be 
imposed or adjusted on a biennial or more frequent basis for the 
purpose of keeping landings within the harvest levels announced by 
NMFS, and for the other purposes given in paragraphs (c)(1)(i)(A) and 
(B) of this section.
* * * * *
    (ii) Differential trip landing limits and frequency limits based on 
gear type, closed seasons. Trip landing and frequency limits that 
differ by gear type and closed seasons may be imposed or adjusted on a 
biennial or more frequent basis for the purpose of rebuilding and 
protecting overfished or depleted stocks. To achieve the rebuilding of 
an overfished or depleted stock, the Pacific whiting primary seasons 
described at Sec.  660.373(b), may be closed for any or all of the 
fishery sectors identified at Sec.  660.373(a) before the sector 
allocation is reached if any of the bycatch limits identified at Sec.  
660.373(b)(4) are reached.
* * * * *
    (d) Automatic actions. Automatic management actions may be 
initiated by the NMFS Regional Administrator without prior public 
notice, opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the Administrative Procedure Act to waive notice and 
comment. Automatic actions are used in the Pacific whiting fishery to 
close the fishery or reinstate trip limits when a whiting harvest 
guideline, commercial harvest guideline, or a sector's allocation is 
reached, or is projected to be reached; or to reapportion unused 
allocation to other sectors of the fishery.
* * * * *
    3. In Sec.  660.383, paragraph (c)(4) is revised and paragraph (f) 
is removed to read as follows:


Sec.  660.383  Open access fishery management measures.

* * * * *
    (c) * * *
    (4) Non-groundfish Trawl Rockfish Conservation Areas for the open 
access non-groundfish trawl fisheries. (i) Fishing with any non-
groundfish trawl gear in the open access fisheries is prohibited within 
the non-groundfish trawl RCA coastwide, except as authorized in this 
paragraph. Trawlers operating in the open access fisheries with legal 
groundfish trawl gear are considered to be operating in the non-
groundfish trawl fishery and are, therefore, prohibited from fishing in 
the non-groundfish trawl RCA. Coastwide, it is unlawful to take and 
retain, possess, or land any species of fish taken with non-groundfish 
trawl gear within the non-groundfish trawl RCA, except as permitted in 
this paragraph for vessels participating in the pink shrimp and 
ridgeback prawn trawl fisheries. Boundaries for the non-groundfish 
trawl RCA throughout the year in the open access fishery are provided 
in Table 5 (North) and Table 5 (South) of this subpart and may be 
modified by NMFS inseason pursuant to Sec.  660.370(c). Non-groundfish 
trawl RCA boundaries are defined by specific latitude and longitude 
coordinates which are specified below at Sec. Sec.  660.390 through 
660.394. The non-groundfish trawl RCA is closed coastwide to open 
access non-groundfish trawl fishing, except as follows:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA, and
    (B) When the shoreward line of the non-groundfish trawl RCA is 
shallower than 100-fm (183-m), the ridgeback prawn trawl fishery south 
of 34[deg]27.00' N. lat. may operate out to the 100-fm (183-m) boundary 
line specified at Sec.  660.393 (i.e., the shoreward boundary of the 
non-groundfish trawl RCA is at the 100-fm (183-m) boundary line all 
year for the ridgeback prawn trawl fishery in this area).
    (ii) For the non-groundfish trawl gear fisheries, non-groundfish 
trawl RCAs, if applicable, are generally described in the non-
groundfish trawl gear sections at the bottom of Tables 5 (North) and 5 
(South) of this subpart. Retention of groundfish caught by non-
groundfish trawl gear is prohibited in the designated RCAs, except 
that:
    (A) pink shrimp trawl may retain groundfish caught both within and 
shoreward and seaward of the non-groundfish trawl RCA subject to the 
limits in Tables 5 (North) and 5 (South) of this subpart, and
    (B) South of 34[deg]27' N. lat., ridgeback prawn trawl may retain 
groundfish caught both within the non-groundfish trawl RCA out to 100-
fm (183-m) when the shoreward boundary of the non-groundfish trawl RCA 
is shallower than 100-fm (183-m) (i.e., the shoreward boundary of the 
non-groundfish trawl RCA is at the 100-fm (183-m) boundary line all 
year for the ridgeback prawn trawl fishery in this area) and shoreward 
and seaward of the non-groundfish trawl RCA subject to the limits in 
Tables 5 (North) and 5 (South) of this subpart.
    (iii) If a vessel fishes in the non-groundfish trawl RCA, it may 
not participate in any fishing on that trip that is prohibited by the 
restrictions that apply within the non-groundfish trawl RCA. [For 
example, if a vessel participates in the pink shrimp fishery within the 
RCA, the vessel cannot on the same trip participate in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supercedes 
any state regulations that may prohibit trawling shoreward of the 3-nm 
state waters boundary line.
* * * * *

[[Page 75124]]

    4. In Sec.  660.384, paragraphs (c)(1)(i)(B), (c)(2)(i) and (iii), 
(c)(3)(i)(A)(2) and (4) are revised to read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (B) Recreational Rockfish Cons