Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments; Pacific Halibut Fisheries, 24601-24612 [06-3942]
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
The Audio Division, at the request of
Charles Crawford, allots Channel 242A
at Coalgate, Oklahoma, as the
community’s second local commercial
FM transmission service. See 70 FR
59292 (October 10, 2005). Channel 242A
can be allotted to Coalgate in
compliance with the Commission’s
minimum distance with a site
restriction of 6.9 kilometers (4.3 miles)
south of Coalgate. The coordinates for
Channel 242A at Coalgate are 34–35–00
North Latitude and 96–10–00 West
Longitude.
The Audio Division, at the request of
Carrie Tutera Martin, allots Channel
259A at Silver Springs Shores, Florida,
as the community’s first local aural
transmission service. See 70 FR 59292
(October 10, 2005). Channel 259A can
be allotted to Silver Springs Shores in
compliance with the Commission’s
minimum distance separation
requirements with a site restriction of
5.0 kilometers (3.1 miles) northwest of
Silver Springs Shores, Florida. The
coordinates for Channel 259A at Silver
Springs Shores are 29–08–09 North
Latitude and 82–02–33 West Longitude.
List of Subjects in 47 CFR part 73
Radio, Radio broadcasting.
Part 73 of Title 47 of the Code of
Federal Regulations is amended as
follows:
I
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Florida, is amended
by adding Silver Springs Shore, Channel
259A.
I
3. Section 73.202(b), the Table of FM
Allotments under Oklahoma, is
amended by adding Channel 242A at
Coalgate.
hsrobinson on PROD1PC68 with RULES
I
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 06–3936 Filed 4–25–06; 8:45 am]
14:58 Apr 25, 2006
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No.051014263–6028–03; I.D.
041906A]
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Specifications and
Management Measures; Inseason
Adjustments; Pacific Halibut Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason adjustments to
groundfish management measures;
announcement of incidental halibut
retention allowance; request for
comments.
AGENCY:
SUMMARY: NMFS announces changes to
management measures in the
commercial Pacific Coast groundfish
fisheries. NMFS also announces
regulations for the retention of Pacific
halibut landed incidentally in the
limited entry longline primary sablefish
fishery north of Pt. Chehalis, WA
(46°53.30′ N. lat.). This document also
contains notification of a voluntary
closed area off Washington for salmon
trollers. These actions, which are
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP) are intended to allow fisheries to
access more abundant groundfish stocks
while protecting overfished and
depleted stocks.
DATES: Effective 0001 hours (local time)
May 1, 2006. Comments on this rule
will be accepted through May 26, 2006.
ADDRESSES: You may submit comments,
identified by I.D. 041906A, by any of the
following methods:
• E-mail:
GroundfishInseason8.nwr@noaa.gov.
Include I.D. number 041906A in the
subject line of the message.
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, Attn: Jamie Goen, 7600 Sand
Point Way NE, Seattle, WA 98115–0070.
• Fax: 206–526–6736, Attn: Jamie
Goen.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen (Northwest Region, NMFS),
phone: 206–526–6150; fax: 206–526–
6736; or e-mail: jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6712–01–P
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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 Pacific
Fishery Management Council’s (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); November 1,
2005 (70 FR 65861); and December 5,
2005 (70 FR 723850). Longer-term
changes to the 2006 specifications and
management measures were published
in the Federal Register as a proposed
rule on December 19, 2005 (70 FR
75115) and as a final rule on February
17, 2006 (71 FR 8489). The final rule
was subsequently amended on March
27, 2006 (71 FR 10545) and April 11,
2006 (71 FR 18227).
The Northern Pacific Halibut Act of
1982 (16 U.S.C. 773–773k) (Halibut Act)
and its implementing regulations at 50
CFR part 300, subpart E, regulate fishing
for Pacific Halibut in U.S. Convention
waters. The Halibut Act also authorizes
the Pacific Council to develop
regulations governing the Pacific halibut
catch in waters off of Washington,
Oregon, and California that are in
addition to, but not in conflict with,
regulations of the International Pacific
Halibut Commission (IPHC).
Accordingly, the Pacific Council has
developed, and NMFS has approved, a
catch sharing plan (CSP) to allocate the
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total allowable catch (TAC) of Pacific
halibut between treaty Indian and nonIndian harvesters, and among nonIndian commercial and sport fisheries in
IPHC statistical Area 2A (off
Washington, Oregon, and California).
The CSP, as implemented at 50 CFR part
300, provides for retention of halibut
landed incidentally in the limited entry,
longline primary sablefish fishery north
of Pt. Chehalis, WA (46°53.30′ N. lat.) in
years when the Area 2A TAC is above
900,000 lb (408.2 mt). Because the Area
2A TAC is above 900,000 lb (408.2 mt)
in 2006, NMFS established an
allowance for incidental halibut
retention in the primary sablefish
fishery in 2006 (71 FR 10850, March 3,
2006).
The changes to current groundfish
management measures implemented by
this action were recommended by the
Pacific Council, in consultation with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, at its April 2–7, 2006,
meeting in Sacramento, CA. At that
meeting, the Pacific Council
recommended: (1) implementing a
limited entry trawl small footrope trip
limit for chilipepper rockfish south of
40°10′ N. lat. separate from the minor
shelf rockfish, shortbelly, widow, and
yelloweye rockfish small footrope trawl
trip limit; (2) implementing the
incidental catch allowance for halibut in
the limited entry fixed gear primary
sablefish fishery north of Pt. Chehalis,
WA; (3) establishing a voluntary area
closure of the Yelloweye Rockfish
Conservation Area (YRCA) off
Washington for salmon trollers; (4)
increasing the weight allowance on the
line for ‘‘other flatfish’’ caught with
hook and line gear in the limited entry
fixed gear and open access fisheries
south of 42° N. lat.; and (5) reducing the
two-month cumulative limit in the open
access sablefish daily trip limit (DTL)
fishery north of 36° N. lat. Pacific Coast
groundfish landings will be monitored
throughout the year, and further
adjustments to trip limits or
management measures will be made as
necessary to allow achievement of, or to
avoid exceeding, optimum yields (OYs).
Limited Entry Trawl Trip Limits for
Chilipepper Rockfish South of 40°10′ N.
Lat.
Chilipepper rockfish is an abundant
species that has been annually under
harvested for the past five years in order
to protect co-occurring overfished
species, primarily bocaccio. The Pacific
Council discussed increasing trip limits
for chilipepper rockfish both shoreward
and seaward of the RCAs south of 40°10′
N. lat. In 2005, the Pacific Council had
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considered raising the chilipepper
rockfish limit for vessels using large
footrope or midwater trawl gear in areas
seaward of the RCAs to allow for
targeted chilipepper rockfish fishing.
However, because data were not
available to fully analyze the impacts on
co-occurring species, particularly
bocaccio, a more conservative
chilipepper rockfish limit was
implemented for 2005–2006 than what
was requested by industry members. A
large footrope or midwater trawl trip
limit of 12,000 lb (5,443 kg) per two
months was adopted for May through
August 2005, and a limit of 8,000 lb
(3,629 kg) per two months was adopted
for September to December 2005. These
same limits are currently in place for
2006. In 2005, the Pacific Council did
not recommend increasing the trip limit
above 12,000 lb (5,443 kg) per two
months. They decided to wait until
West Coast Groundfish Observer
Program (WCGOP) data on this southern
trawl fishery were available and could
be analyzed to better understand the
impacts on co-occurring species.
Currently, only WCGOP data through
April 2005 are available. Because the
higher trip limits for chilipepper
rockfish did not start until May of 2005,
WCGOP data on this fishery is
unavailable. In addition, it is unknown
at this time if WCGOP data were
collected from vessels targeting
chilipepper rockfish seaward of the
RCAs in 2005. The Pacific Council’s
Groundfish Advisory Subpanel (GAP),
representing industry members and the
public, reported that the 12,000 lb
(5,443 kg) per two months trip limit has
resulted in only a few vessels targeting
chilipepper rockfish seaward of the
RCAs. Because WCGOP data is
unavailable for this fishery at this time,
the Pacific Council recommended at its
April 2006 meeting that the chilipepper
rockfish trip limit for large footrope or
midwater trawl gear remain the same as
in 2005.
To reduce discards of chilipepper
rockfish in the small footrope trawl
flatfish fisheries, which occurs
primarily shoreward of the RCA, the
Pacific Council’s Groundfish
Management Team (GMT) considered
removing chilipepper rockfish from the
overall 300 lb (136 kg) per month small
footrope trip limit for minor shelf
rockfish, chilipepper, shortbelly, widow
and yelloweye rockfish both shoreward
and seaward of the RCA and
establishing a small footrope trip limit
just for chilipepper rockfish. The GMT
believed that a new chilipepper rockfish
small footrope trip limit should be
linked to a defined proportion of flatfish
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on board the vessel and in the landings
to accommodate incidental catch
occurring in the flatfish fishery. The
GMT was concerned that allowing an
amount greater than 1,000 lb (454 kg)
per two months (or 500 lb (227 kg) per
month) that was not linked to the
flatfish fishery could result in targeted
chilipepper rockfish fishing, with
increased catches of overfished species
that co-occur with chilipepper rockfish.
WCGOP data from January 2004 to April
2005 were examined to identify
chilipepper rockfish/flatfish catch ratios
and bycatch correlations. After
discussion of the WCGOP data and
consideration of public comments, the
Pacific Council recommended that
NMFS adopt a small increase in
chilipepper rockfish to accommodate
incidental catch in the flatfish fishery
while not creating an incentive for
targeting of chilipepper rockfish.
Therefore, the Pacific Council
recommended and NMFS is
implementing a 500 lb (227 kg) per
month small footrope trip limit for
chilipepper rockfish that is separate
from the minor shelf rockfish,
shortbelly, widow and yelloweye
rockfish limit of 300 lb (136 kg) per
month from May through December.
Retention of Incidental Halibut Catch in
the Primary Sablefish Fishery North of
Pt. Chehalis, WA
The Pacific halibut CSP and
implementing regulations at 50 CFR
300.63(b)(3) provide for retention of
halibut landed incidentally in the
limited entry, longline primary sablefish
fishery north of Pt. Chehalis, WA
(46°53.30′ N. lat.) in years when the
Area 2A TAC is above 900,000 lb (408.2
mt). The 2006 Area 2A TAC is 1,380,000
lb (626 mt).
According to IPHC and Federal
regulations, Pacific halibut may not be
taken by gear other than hook-and-line
gear. Only vessels registered for use
with sablefish-endorsed limited entry
permits may participate in the primary
fixed gear sablefish fishery specified for
halibut retention in the CSP. Vessels
must also carry IPHC commercial
halibut licenses in order to retain and
land halibut. Incidental halibut
retention in the primary sablefish
fishery is only allowed for vessels
operating north of Pt. Chehalis, WA
(46°53.30′ N. lat.). Under Pacific halibut
regulations at 50 CFR 300.63, halibut
taken and retained in the primary
sablefish fishery may not be possessed
or landed south of Pt. Chehalis, WA
(46°53.30′ N. lat.).
Similar to 2005, halibut caught
incidentally in the primary sablefish
fishery may be retained by appropriately
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licensed longline vessels. The amount of
incidental halibut retained in the
primary sablefish fishery continues to
be capped at 70,000 lb (31,752 kg), to
ensure that the fishery is maintained as
an incidental and not as a directed
fishery. The objective for setting annual
landing restrictions is to reach the
halibut quota for this fishery at about
the same time as the primary sablefish
season ends, October 31, and to ensure
an equitable sharing of the halibut
landings among the fishers. To achieve
this objective, incidental halibut
retention in the sablefish fishery over
the past few years has been structured
as a ratio of halibut landings permitted
in relation to sablefish landings.
Therefore, the Pacific Council
recommended, and NMFS is
implementing the following: Beginning
May 1, 2006, and continuing until the
halibut quota 70,000 lb or (31,752 kg) is
taken, longliners eligible to participate
in the primary sablefish fishery north of
Pt. Chehalis, WA (46°53.30′ N. lat.) (see
50 CFR 660.372(a)) with appropriate
IPHC licenses may retain incidental
halibut landings up to 100 lb (45 kg)
(dressed weight, head-on) of halibut for
every 1,000 lb (454 kg) (dressed weight)
of sablefish landed and up to two
additional halibut in excess of the 100
lb (45 kg) per 1,000 lb (454 kg) ratio per
landing. Halibut may not be on board a
vessel that has any gear other than
longline gear on board (e.g., pot or trawl
gear).
hsrobinson on PROD1PC68 with RULES
Voluntary ‘‘C-shaped’’ Closure off
Washington for Salmon Troll Fisheries
Since 2003, NMFS has implemented a
‘‘C-shaped’’ YRCA off the Washington
coast to protect yelloweye rockfish, an
overfished species (see 50 CFR
660.390(a)). For 2006, the ‘‘C-shaped’’
YRCA is a mandatory closed area for
recreational groundfish and recreational
Pacific halibut fishing. In addition, the
‘‘C-shaped’’ YRCA has been designated
as an area to be avoided (a voluntary
closure) by commercial fixed gear
groundfish fishermen at §§ 660.382(c)(1)
and 660.383(c)(1). Much of the YRCA is
already closed to commercial
groundfish fixed gear fishermen by the
non-trawl RCA, which extends from the
Washington shoreline to a line
connecting specific latitude and
longitude coordinates that approximates
the 100–fm (183–m) depth contour.
To further protect yelloweye rockfish,
the Pacific Council has recommended
that the ‘‘C-shaped’’ YRCA in the North
Coast subarea (Washington Marine Area
3) also be designated as an area to be
avoided (a voluntary closure) by salmon
trollers to protect yelloweye rockfish.
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Limited Entry Fixed Gear and Open
Access Fisheries for ‘‘Other Flatfish’’
South of 42° N. Lat.
For consistency with recreational
regulations and to allow hook-and-line
gear to more effectively fish on the
bottom of the ocean for abundant
flatfish species that do not usually cooccur with overfished groundfish
species, the Pacific Council
recommended revising the limited entry
fixed gear and open access limits south
of 42° N. lat. to allow vessels fishing for
‘‘other flatfish’’ with hook-and-line gear,
with no more than 12 hooks per line,
using hooks no larger than ‘‘Number 2’’
hooks, to use up to two one-pound
weights rather than limiting them to one
one-pound weight as in the trip limit
tables, (Table 4 (South) and Table 5
(South)). In addition, the regulations at
§§ 660.382 and 660.383 were
inconsistent with the trip limit tables
and are revised from reading ‘‘up to two
lb of weight per line’’ to ‘‘up to two one
lb weights per line’’ in order to be
consistent with the inseason action
recommended by the Pacific Council.
Therefore, NMFS is implementing
gear restrictions for limited entry fixed
gear and open access fisheries south of
42° N. lat. as follows: ‘‘When fishing for
‘‘other flatfish,’’ vessels using hook-andline gear with no more than 12 hooks
per line, using hooks no larger than
‘‘Number 2’’ hooks, which measure 11
mm (0.44 inches) point to shank, and up
to two 1 lb (0.45 kg) weights per line are
not subject to the RCAs.’’
Open Access Sablefish Daily Trip Limit
Fishery North of 36° N. Lat.
The Pacific Council discussed
reducing the sablefish daily trip limit
(DTL) fishery’s cumulative limit north
of 36° N. lat. in anticipation of a large
influx of fishing effort into the sablefish
DTL fishery as a result of salmon fishery
closures. The salmon fishery in 2006 is
severely constrained off the coasts of
Oregon and California. Fishery
managers have received a number of
inquiries from salmon fishers who are
interested in moving into the open
access sablefish DTL fishery. Only a
minimal amount of hook-and-line or pot
fishing gear is needed to participate in
the sablefish DTL fishery, increasing the
likelihood of fishers moving into this
fishery. The amount of effort that may
shift into the fishery as a result of lost
salmon fishing opportunity, or for other
reasons, is unknown and cannot be well
estimated at this time. Under the current
limits, a large increase in the number of
open access sablefish DTL fishery
participants could cause an early
attainment of the open access sablefish
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allocation. If the allocation were
reached, the fishery would need to be
closed, possibly as early as July or
August.
Though the open access sablefish DTL
fishery could provide fishing
opportunity for displaced salmon
fishers, it would likely have a large
effect on fishers who have historically
participated in the sablefish fishery.
Reducing the open access cumulative
limit for sablefish on May 1, 2006, is
predicted to result in a longer season,
which would most benefit fishers who
have historically participated in the
year-round fishery.
The Pacific Council considered
various reductions to the current open
access sablefish DTL fishery’s weekly
and 2–month limits ranging from one
landing per week of up to 500 lb (227
kg), not to exceed 2,000 lb (907 kg) per
two months to status quo (one landing
per week of up to 1,000 lb (454 kg), not
to exceed 5,000 lb (2,268 kg) per two
months). To sustain the open access
sablefish DTL fishery until the end of
year, the Pacific Council recommended
that the daily and weekly trip limits for
sablefish remain the same and that the
cumulative limits for sablefish be
reduced to 3,000 lb (1,361 kg) per two
months. The Pacific Council will
analyze effort shifts into the open access
sablefish DTL fishery at their June 11–
16, 2006, meeting when new data from
the fishery are available.
Therefore, the Pacific Council
recommended and NMFS is
implementing a reduction in the open
access cumulative trip limits for
sablefish north of 36° N. lat. from ‘‘300
lb (136 kg) per day, or one landing per
week of up to 1,000 lb (454 kg), not to
exceed 5,000 lb (2,268 kg) per two
months’’ to ‘‘300 lb (136 kg) per day, or
one landing per week of up to 1,000 lb
(454 kg), not to exceed 3,000 lb (1,361
kg) per two months.’’
Classification
These actions are taken under the
authority of 50 CFR 300.63(b)(3)and
660.370(c) and are exempt from review
under Executive Order 12866.
These actions are authorized by the
Pacific Coast groundfish FMP, the
Halibut Act, and its implementing
regulations, and are based on the most
recent data available. The aggregate data
upon which these actions are based are
available for public inspection at the
Office of the Administrator, Northwest
Region, NMFS, (see ADDRESSES) during
business hours.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
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would be impracticable and contrary to
the public interest. The data upon
which these recommendations were
based was provided to the Pacific
Council, and the Pacific Council made
its recommendations at its April 2–7,
2006, meeting in Sacramento, CA. There
was not sufficient time after that
meeting to draft this notice and undergo
proposed and final rulemaking before
these actions need to be in effect at the
start of the next cumulative limit period,
May 1, 2006, as explained below. For
the actions to be implemented in this
notice, prior notice and opportunity for
comment would be impracticable and
contrary to the public interest because
affording the time necessary for prior
notice and opportunity for public
comment would impede the Agency’s
function of managing fisheries using the
best available science to approach
without exceeding the OYs for federally
managed species. The adjustments to
management measures in this document
affect commercial groundfish fisheries.
Changes to the limited entry trawl trip
limits must be implemented in a timely
manner by May 1, 2006, to reduce
discard. Changes to the open access
sablefish DTL fishery must be
implemented in a timely manner by
May 1, 2006, so that harvest of sablefish
stays within the harvest levels projected
for 2006 and is extended as long as
possible over the year. Changes to the
limited entry fixed gear primary
sablefish fishery to allow the retention
of Pacific halibut must be implemented
by May 1, 2006, in order to provide an
opportunity for participants in this
fishery to catch the available quota
projected to be taken based on the ratio
of halibut to sablefish landings set.
Changes to the limited entry fixed gear
and open access gear requirements for
‘‘other flatfish’’ must be implemented as
soon as possible and no later than May
1, 2006, in order to make commercial
and recreational regulations consistent
and to allow fishers better access to
harvest of healthy stocks. Delaying any
of these changes would keep
management measures in place that are
not based on the best available data and
which could lead to early closures of the
fishery if harvest of groundfish exceeds
levels projected for 2006 or that deny
fishermen access to available harvest.
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.
For these reasons, good cause also
exists to waive the 30 day delay in
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14:58 Apr 25, 2006
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effectiveness requirement under 5
U.S.C. 553 (d)(3).
List of Subjects in 50 CFR Part 660
Administrative practice and
procedure, Fisheries, Fishing, Indians.
Dated: April 20, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, Natinal Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
I
PART 660—FISHERIES OFF WEST
COAST STATES AND IN THE
WESTERN PACIFIC
1. The authority citation for part 660
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq., and 16
U.S.C. 773–773k
2. In § 660.372, paragraph (b)(3)(iv) is
revised to read as follows:
I
§ 660.372 Fixed gear sablefish fishery
management.
*
*
*
*
*
(b) * * *
(3) * * *
(iv) Incidental halibut retention north
of Pt. Chehalis, WA (46°53.30′ N. lat.).
From May 1 through October 31, vessels
authorized to participate in the primary
sablefish fishery, licensed by the
International Pacific Halibut
Commission for commercial fishing in
Area 2A (waters off Washington,
Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA
(46°53.30′ N. lat.) may land up to the
following cumulative limits: 100 lb (45
kg) dressed weight, head-on of halibut
per 1,000 lb (454 kg) dressed weight of
sablefish, plus up to two additional
halibut per fishing trip in excess of this
ratio. ‘‘Dressed’’ halibut in this area
means halibut landed eviscerated with
their heads on. Halibut taken and
retained in the primary sablefish fishery
north of Pt. Chehalis may only be
landed north of Pt. Chehalis and may
not be possessed or landed south of Pt.
Chehalis.
*
*
*
*
*
I 3. In § 660.382, paragraphs (c)(2)
through (c)(5) are revised to read as
follows:
§ 660.382 Limited entry fixed gear fishery
management measures.
*
*
*
*
*
(c) * * *
(2) Cowcod Conservation Areas. The
latitude and longitude coordinates of
the Cowcod Conservation Areas (CCAs)
boundaries are specified at § 660.390.
Fishing with limited entry fixed gear is
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prohibited within the CCAs, except that
fishing for ‘‘other flatfish’’ is permitted
within the CCAs using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two
one lb (0.45 kg) weights per line.
Fishing with limited entry fixed gear for
rockfish and lingcod is permitted
shoreward of the 20–fm (37–m) depth
contour. It is unlawful to take and
retain, possess, or land groundfish
within the CCAs, except for species
authorized in this paragraph caught
according to gear requirements in this
paragraph, when those waters are open
to fishing. Commercial fishing vessels
may transit through the Western CCA
with their gear stowed and groundfish
on board only in a corridor through the
Western CCA bounded on the north by
the latitude line at 33°00.50′ N. lat., and
bounded on the south by the latitude
line at 32°59.50′ N. lat.
(3) Non-trawl Rockfish Conservation
Areas. Fishing for groundfish with nontrawl gear (limited entry or open access
longline and pot or trap, open access
hook-and-line, gillnet, set net, trammel
net and spear) is prohibited within the
non-trawl rockfish conservation area
(RCA), except that commercial fishing
for ‘‘other flatfish’’ is permitted within
the non-trawl RCA off California
(between 42° N. lat. south to the U.S./
Mexico border) using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two
one lb (0.45 kg) weights per line. It is
unlawful to take and retain, possess, or
land groundfish taken with non-trawl
gear within the non-trawl RCA, unless
otherwise authorized in this section.
Limited entry fixed gear vessels may
transit through the non-trawl RCA, with
or without groundfish on board. These
restrictions do not apply to vessels
fishing for species other than groundfish
with non-trawl gear, although non-trawl
vessels on a fishing trip for species other
than groundfish that occurs within the
non-trawl RCA may not retain any
groundfish taken on that trip. If a vessel
fishes in the non-trawl RCA, it may not
participate in any fishing on that trip
that is prohibited by the restrictions that
apply within the non-trawl RCA. [For
example, if a vessel participates in the
salmon troll fishery within the RCA, the
vessel cannot on the same trip
participate in the sablefish fishery
outside of the RCA.] Boundaries for the
non-trawl RCA throughout the year are
provided in the header to Table 4
(North) and Table 4 (South) of this
subpart and may be modified by NMFS
inseason pursuant to § 660.370(c). Non-
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trawl RCA boundaries are defined by
specific latitude and longitude
coordinates and are provided at
§ § 660.390 through 660.394.
(4) Farallon Islands. Under California
law, commercial fishing for all
groundfish is prohibited between the
shoreline and the 10–fm (18–m) depth
contour around the Farallon Islands,
except that commercial fishing for
‘‘other flatfish’’ is permitted around the
Farallon Islands using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two
one lb (0.45 kg) weights per line. (See
Table 4 (South) of this subpart.) For a
definition of the Farallon Islands, see
§ 660.390.
(5) Cordell Banks. Commercial fishing
for groundfish is prohibited in waters
less than 100 fm (183 m) around Cordell
Banks as defined by specific latitude
and longitude coordinates at § 660.390,
except that commercial fishing for
‘‘other flatfish’’ is permitted around
Cordell Banks using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two
one lb (0.45 kg) weights per line. [Note:
California state regulations also prohibit
fishing for all greenlings of the genus
Hexagrammos, California sheephead
and ocean whitefish in this area.]
*
*
*
*
*
I 4. In § 660.383, paragraphs (c)(2),
(c)(3), (c)(5), and (c)(6) are revised to
read as follows:
§ 660.383 Open access fishery
management measures.
*
*
*
*
(c) * * *
(2) Cowcod Conservation Areas. The
latitude and longitude coordinates of
the Cowcod Conservation Areas (CCAs)
boundaries are specified at § 660.390.
Fishing with open access gear is
prohibited within the CCAs, except that
fishing for ‘‘other flatfish’’ is permitted
within the CCAs using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two 1–
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*
VerDate Aug<31>2005
14:58 Apr 25, 2006
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lb (0.45–kg) weights per line. Fishing
with open access gear, except trawl gear,
for rockfish and lingcod is permitted
shoreward of the 20–fm (37–m) depth
contour. It is unlawful to take and
retain, possess, or land groundfish
within the CCAs, except for species
authorized in this paragraph caught
according to gear requirements in this
paragraph, when those waters are open
to fishing. Commercial fishing vessels
may transit through the Western CCA
with their gear stowed and groundfish
on board only in a corridor through the
Western CCA bounded on the north by
the latitude line at 33°00.50′ N. lat., and
bounded on the south by the latitude
line at 32°59.50′ N. lat.
(3) Non-trawl Rockfish Conservation
Areas for the open access fisheries.
Fishing for groundfish with non-trawl
gear (limited entry or open access
longline and pot or trap, open access
hook-and-line, gillnet, set net, trammel
net and spear) is prohibited within the
non-trawl rockfish conservation area
(RCA), except that commercial fishing
for ‘‘other flatfish’’ is permitted within
the non-trawl RCA off California
(between 42° N. lat. south to the U.S./
Mexico border) using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two 1–
lb (0.45–kg) weights per line. It is
unlawful to take and retain, possess, or
land groundfish taken with non-trawl
gear within the non-trawl RCA, unless
otherwise authorized in this section.
Open access non-trawl gear vessels may
transit through the non-trawl RCA, with
or without groundfish on board. These
restrictions do not apply to vessels
fishing for species other than groundfish
with non-trawl gear, although non-trawl
vessels on a fishing trip for species other
than groundfish that occurs within the
non-trawl RCA may not retain any
groundfish taken on that trip. If a vessel
fishes in the non-trawl RCA, it may not
participate in any fishing on that trip
that is prohibited by the restrictions that
apply within the non-trawl RCA.
Retention of groundfish caught by
salmon troll gear is prohibited in the
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24605
designated RCAs, except that salmon
trollers may retain yellowtail rockfish
caught both inside and outside the nontrawl RCA subject to the limits in Tables
5 (North) and 5 (South) of this subpart.
Boundaries for the non-trawl RCA
throughout the year are provided in the
open access trip limit tables, Table 5
(North) and Table 5(South) of this
subpart and may be modified by NMFS
inseason pursuant to § 660.370(c). Nontrawl RCA boundaries are defined by
specific latitude and longitude
coordinates which are specified at
§§ 660.390 through 660.394.
*
*
*
*
*
(5) Farallon Islands. Under California
law, commercial fishing for all
groundfish is prohibited between the
shoreline and the 10–fm (18–m) depth
contour around the Farallon Islands,
except that commercial fishing for
‘‘other flatfish’’ is permitted around the
Farallon Islands using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two 1–
lb (0.45–kg) weights per line. (See Table
5 (South) of this subpart.) For a
definition of the Farallon Islands, see
§ 660.390.
(6) Cordell Banks. Commercial fishing
for groundfish is prohibited in waters
less than 100 fm (183 m) around Cordell
Banks as defined by specific latitude
and longitude coordinates at § 660.390,
except that commercial fishing for
‘‘other flatfish’’ is permitted around
Cordell Banks using no more than 12
hooks, ‘‘Number 2’’ or smaller, which
measure no more than 11 mm (0.44
inches) point to shank, and up to two 1–
lb (0.45–kg) weights per line. [Note:
California state regulations also prohibit
fishing for all greenlings of the genus
Hexagrammos, California sheephead
and ocean whitefish in this area.]
*
*
*
*
*
5. In part 660, subpart G, Table 3
(South), Table 4 (North and South), and
Table 5 (North and South) are revised to
read as follows:
I
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
[FR Doc. 06–3942 Filed 4–25–06; 8:45 am]
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]]>Agencies
[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Rules and Regulations]
[Pages 24601-24612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3942]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No.051014263-6028-03; I.D. 041906A]
Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Specifications and Management
Measures; Inseason Adjustments; Pacific Halibut Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustments to groundfish management measures;
announcement of incidental halibut retention allowance; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces changes to management measures in the
commercial Pacific Coast groundfish fisheries. NMFS also announces
regulations for the retention of Pacific halibut landed incidentally in
the limited entry longline primary sablefish fishery north of Pt.
Chehalis, WA (46[deg]53.30' N. lat.). This document also contains
notification of a voluntary closed area off Washington for salmon
trollers. These actions, which are authorized by the Pacific Coast
Groundfish Fishery Management Plan (FMP) are intended to allow
fisheries to access more abundant groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time) May 1, 2006. Comments on this
rule will be accepted through May 26, 2006.
ADDRESSES: You may submit comments, identified by I.D. 041906A, by any
of the following methods:
E-mail: GroundfishInseason8.nwr@noaa.gov. Include I.D.
number 041906A in the subject line of the message.
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Mail: D. Robert Lohn, Administrator, Northwest Region,
NMFS, Attn: Jamie Goen, 7600 Sand Point Way NE, Seattle, WA 98115-0070.
Fax: 206-526-6736, Attn: Jamie Goen.
FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS),
phone: 206-526-6150; fax: 206-526-6736; or 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 Pacific
Fishery Management Council's (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); November 1, 2005 (70 FR 65861);
and December 5, 2005 (70 FR 723850). Longer-term changes to the 2006
specifications and management measures were published in the Federal
Register as a proposed rule on December 19, 2005 (70 FR 75115) and as a
final rule on February 17, 2006 (71 FR 8489). The final rule was
subsequently amended on March 27, 2006 (71 FR 10545) and April 11, 2006
(71 FR 18227).
The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k)
(Halibut Act) and its implementing regulations at 50 CFR part 300,
subpart E, regulate fishing for Pacific Halibut in U.S. Convention
waters. The Halibut Act also authorizes the Pacific Council to develop
regulations governing the Pacific halibut catch in waters off of
Washington, Oregon, and California that are in addition to, but not in
conflict with, regulations of the International Pacific Halibut
Commission (IPHC). Accordingly, the Pacific Council has developed, and
NMFS has approved, a catch sharing plan (CSP) to allocate the
[[Page 24602]]
total allowable catch (TAC) of Pacific halibut between treaty Indian
and non-Indian harvesters, and among non-Indian commercial and sport
fisheries in IPHC statistical Area 2A (off Washington, Oregon, and
California). The CSP, as implemented at 50 CFR part 300, provides for
retention of halibut landed incidentally in the limited entry, longline
primary sablefish fishery north of Pt. Chehalis, WA (46[deg]53.30' N.
lat.) in years when the Area 2A TAC is above 900,000 lb (408.2 mt).
Because the Area 2A TAC is above 900,000 lb (408.2 mt) in 2006, NMFS
established an allowance for incidental halibut retention in the
primary sablefish fishery in 2006 (71 FR 10850, March 3, 2006).
The changes to current groundfish management measures implemented
by this action were recommended by the Pacific Council, in consultation
with Pacific Coast Treaty Indian Tribes and the States of Washington,
Oregon, and California, at its April 2-7, 2006, meeting in Sacramento,
CA. At that meeting, the Pacific Council recommended: (1) implementing
a limited entry trawl small footrope trip limit for chilipepper
rockfish south of 40[deg]10' N. lat. separate from the minor shelf
rockfish, shortbelly, widow, and yelloweye rockfish small footrope
trawl trip limit; (2) implementing the incidental catch allowance for
halibut in the limited entry fixed gear primary sablefish fishery north
of Pt. Chehalis, WA; (3) establishing a voluntary area closure of the
Yelloweye Rockfish Conservation Area (YRCA) off Washington for salmon
trollers; (4) increasing the weight allowance on the line for ``other
flatfish'' caught with hook and line gear in the limited entry fixed
gear and open access fisheries south of 42[deg] N. lat.; and (5)
reducing the two-month cumulative limit in the open access sablefish
daily trip limit (DTL) fishery north of 36[deg] N. lat. Pacific Coast
groundfish landings will be monitored throughout the year, and further
adjustments to trip limits or management measures will be made as
necessary to allow achievement of, or to avoid exceeding, optimum
yields (OYs).
Limited Entry Trawl Trip Limits for Chilipepper Rockfish South of
40[deg]10' N. Lat.
Chilipepper rockfish is an abundant species that has been annually
under harvested for the past five years in order to protect co-
occurring overfished species, primarily bocaccio. The Pacific Council
discussed increasing trip limits for chilipepper rockfish both
shoreward and seaward of the RCAs south of 40[deg]10' N. lat. In 2005,
the Pacific Council had considered raising the chilipepper rockfish
limit for vessels using large footrope or midwater trawl gear in areas
seaward of the RCAs to allow for targeted chilipepper rockfish fishing.
However, because data were not available to fully analyze the impacts
on co-occurring species, particularly bocaccio, a more conservative
chilipepper rockfish limit was implemented for 2005-2006 than what was
requested by industry members. A large footrope or midwater trawl trip
limit of 12,000 lb (5,443 kg) per two months was adopted for May
through August 2005, and a limit of 8,000 lb (3,629 kg) per two months
was adopted for September to December 2005. These same limits are
currently in place for 2006. In 2005, the Pacific Council did not
recommend increasing the trip limit above 12,000 lb (5,443 kg) per two
months. They decided to wait until West Coast Groundfish Observer
Program (WCGOP) data on this southern trawl fishery were available and
could be analyzed to better understand the impacts on co-occurring
species. Currently, only WCGOP data through April 2005 are available.
Because the higher trip limits for chilipepper rockfish did not start
until May of 2005, WCGOP data on this fishery is unavailable. In
addition, it is unknown at this time if WCGOP data were collected from
vessels targeting chilipepper rockfish seaward of the RCAs in 2005. The
Pacific Council's Groundfish Advisory Subpanel (GAP), representing
industry members and the public, reported that the 12,000 lb (5,443 kg)
per two months trip limit has resulted in only a few vessels targeting
chilipepper rockfish seaward of the RCAs. Because WCGOP data is
unavailable for this fishery at this time, the Pacific Council
recommended at its April 2006 meeting that the chilipepper rockfish
trip limit for large footrope or midwater trawl gear remain the same as
in 2005.
To reduce discards of chilipepper rockfish in the small footrope
trawl flatfish fisheries, which occurs primarily shoreward of the RCA,
the Pacific Council's Groundfish Management Team (GMT) considered
removing chilipepper rockfish from the overall 300 lb (136 kg) per
month small footrope trip limit for minor shelf rockfish, chilipepper,
shortbelly, widow and yelloweye rockfish both shoreward and seaward of
the RCA and establishing a small footrope trip limit just for
chilipepper rockfish. The GMT believed that a new chilipepper rockfish
small footrope trip limit should be linked to a defined proportion of
flatfish on board the vessel and in the landings to accommodate
incidental catch occurring in the flatfish fishery. The GMT was
concerned that allowing an amount greater than 1,000 lb (454 kg) per
two months (or 500 lb (227 kg) per month) that was not linked to the
flatfish fishery could result in targeted chilipepper rockfish fishing,
with increased catches of overfished species that co-occur with
chilipepper rockfish. WCGOP data from January 2004 to April 2005 were
examined to identify chilipepper rockfish/flatfish catch ratios and
bycatch correlations. After discussion of the WCGOP data and
consideration of public comments, the Pacific Council recommended that
NMFS adopt a small increase in chilipepper rockfish to accommodate
incidental catch in the flatfish fishery while not creating an
incentive for targeting of chilipepper rockfish.
Therefore, the Pacific Council recommended and NMFS is implementing
a 500 lb (227 kg) per month small footrope trip limit for chilipepper
rockfish that is separate from the minor shelf rockfish, shortbelly,
widow and yelloweye rockfish limit of 300 lb (136 kg) per month from
May through December.
Retention of Incidental Halibut Catch in the Primary Sablefish Fishery
North of Pt. Chehalis, WA
The Pacific halibut CSP and implementing regulations at 50 CFR
300.63(b)(3) provide for retention of halibut landed incidentally in
the limited entry, longline primary sablefish fishery north of Pt.
Chehalis, WA (46[deg]53.30' N. lat.) in years when the Area 2A TAC is
above 900,000 lb (408.2 mt). The 2006 Area 2A TAC is 1,380,000 lb (626
mt).
According to IPHC and Federal regulations, Pacific halibut may not
be taken by gear other than hook-and-line gear. Only vessels registered
for use with sablefish-endorsed limited entry permits may participate
in the primary fixed gear sablefish fishery specified for halibut
retention in the CSP. Vessels must also carry IPHC commercial halibut
licenses in order to retain and land halibut. Incidental halibut
retention in the primary sablefish fishery is only allowed for vessels
operating north of Pt. Chehalis, WA (46[deg]53.30' N. lat.). Under
Pacific halibut regulations at 50 CFR 300.63, halibut taken and
retained in the primary sablefish fishery may not be possessed or
landed south of Pt. Chehalis, WA (46[deg]53.30' N. lat.).
Similar to 2005, halibut caught incidentally in the primary
sablefish fishery may be retained by appropriately
[[Page 24603]]
licensed longline vessels. The amount of incidental halibut retained in
the primary sablefish fishery continues to be capped at 70,000 lb
(31,752 kg), to ensure that the fishery is maintained as an incidental
and not as a directed fishery. The objective for setting annual landing
restrictions is to reach the halibut quota for this fishery at about
the same time as the primary sablefish season ends, October 31, and to
ensure an equitable sharing of the halibut landings among the fishers.
To achieve this objective, incidental halibut retention in the
sablefish fishery over the past few years has been structured as a
ratio of halibut landings permitted in relation to sablefish landings.
Therefore, the Pacific Council recommended, and NMFS is
implementing the following: Beginning May 1, 2006, and continuing until
the halibut quota 70,000 lb or (31,752 kg) is taken, longliners
eligible to participate in the primary sablefish fishery north of Pt.
Chehalis, WA (46[deg]53.30' N. lat.) (see 50 CFR 660.372(a)) with
appropriate IPHC licenses may retain incidental halibut landings up to
100 lb (45 kg) (dressed weight, head-on) of halibut for every 1,000 lb
(454 kg) (dressed weight) of sablefish landed and up to two additional
halibut in excess of the 100 lb (45 kg) per 1,000 lb (454 kg) ratio per
landing. Halibut may not be on board a vessel that has any gear other
than longline gear on board (e.g., pot or trawl gear).
Voluntary ``C-shaped'' Closure off Washington for Salmon Troll
Fisheries
Since 2003, NMFS has implemented a ``C-shaped'' YRCA off the
Washington coast to protect yelloweye rockfish, an overfished species
(see 50 CFR 660.390(a)). For 2006, the ``C-shaped'' YRCA is a mandatory
closed area for recreational groundfish and recreational Pacific
halibut fishing. In addition, the ``C-shaped'' YRCA has been designated
as an area to be avoided (a voluntary closure) by commercial fixed gear
groundfish fishermen at Sec. Sec. 660.382(c)(1) and 660.383(c)(1).
Much of the YRCA is already closed to commercial groundfish fixed gear
fishermen by the non-trawl RCA, which extends from the Washington
shoreline to a line connecting specific latitude and longitude
coordinates that approximates the 100-fm (183-m) depth contour.
To further protect yelloweye rockfish, the Pacific Council has
recommended that the ``C-shaped'' YRCA in the North Coast subarea
(Washington Marine Area 3) also be designated as an area to be avoided
(a voluntary closure) by salmon trollers to protect yelloweye rockfish.
Limited Entry Fixed Gear and Open Access Fisheries for ``Other
Flatfish'' South of 42[deg] N. Lat.
For consistency with recreational regulations and to allow hook-
and-line gear to more effectively fish on the bottom of the ocean for
abundant flatfish species that do not usually co-occur with overfished
groundfish species, the Pacific Council recommended revising the
limited entry fixed gear and open access limits south of 42[deg] N.
lat. to allow vessels fishing for ``other flatfish'' with hook-and-line
gear, with no more than 12 hooks per line, using hooks no larger than
``Number 2'' hooks, to use up to two one-pound weights rather than
limiting them to one one-pound weight as in the trip limit tables,
(Table 4 (South) and Table 5 (South)). In addition, the regulations at
Sec. Sec. 660.382 and 660.383 were inconsistent with the trip limit
tables and are revised from reading ``up to two lb of weight per line''
to ``up to two one lb weights per line'' in order to be consistent with
the inseason action recommended by the Pacific Council.
Therefore, NMFS is implementing gear restrictions for limited entry
fixed gear and open access fisheries south of 42[deg] N. lat. as
follows: ``When fishing for ``other flatfish,'' vessels using hook-and-
line gear with no more than 12 hooks per line, using hooks no larger
than ``Number 2'' hooks, which measure 11 mm (0.44 inches) point to
shank, and up to two 1 lb (0.45 kg) weights per line are not subject to
the RCAs.''
Open Access Sablefish Daily Trip Limit Fishery North of 36[deg] N. Lat.
The Pacific Council discussed reducing the sablefish daily trip
limit (DTL) fishery's cumulative limit north of 36[deg] N. lat. in
anticipation of a large influx of fishing effort into the sablefish DTL
fishery as a result of salmon fishery closures. The salmon fishery in
2006 is severely constrained off the coasts of Oregon and California.
Fishery managers have received a number of inquiries from salmon
fishers who are interested in moving into the open access sablefish DTL
fishery. Only a minimal amount of hook-and-line or pot fishing gear is
needed to participate in the sablefish DTL fishery, increasing the
likelihood of fishers moving into this fishery. The amount of effort
that may shift into the fishery as a result of lost salmon fishing
opportunity, or for other reasons, is unknown and cannot be well
estimated at this time. Under the current limits, a large increase in
the number of open access sablefish DTL fishery participants could
cause an early attainment of the open access sablefish allocation. If
the allocation were reached, the fishery would need to be closed,
possibly as early as July or August.
Though the open access sablefish DTL fishery could provide fishing
opportunity for displaced salmon fishers, it would likely have a large
effect on fishers who have historically participated in the sablefish
fishery. Reducing the open access cumulative limit for sablefish on May
1, 2006, is predicted to result in a longer season, which would most
benefit fishers who have historically participated in the year-round
fishery.
The Pacific Council considered various reductions to the current
open access sablefish DTL fishery's weekly and 2-month limits ranging
from one landing per week of up to 500 lb (227 kg), not to exceed 2,000
lb (907 kg) per two months to status quo (one landing per week of up to
1,000 lb (454 kg), not to exceed 5,000 lb (2,268 kg) per two months).
To sustain the open access sablefish DTL fishery until the end of year,
the Pacific Council recommended that the daily and weekly trip limits
for sablefish remain the same and that the cumulative limits for
sablefish be reduced to 3,000 lb (1,361 kg) per two months. The Pacific
Council will analyze effort shifts into the open access sablefish DTL
fishery at their June 11-16, 2006, meeting when new data from the
fishery are available.
Therefore, the Pacific Council recommended and NMFS is implementing
a reduction in the open access cumulative trip limits for sablefish
north of 36[deg] N. lat. from ``300 lb (136 kg) per day, or one landing
per week of up to 1,000 lb (454 kg), not to exceed 5,000 lb (2,268 kg)
per two months'' to ``300 lb (136 kg) per day, or one landing per week
of up to 1,000 lb (454 kg), not to exceed 3,000 lb (1,361 kg) per two
months.''
Classification
These actions are taken under the authority of 50 CFR
300.63(b)(3)and 660.370(c) and are exempt from review under Executive
Order 12866.
These actions are authorized by the Pacific Coast groundfish FMP,
the Halibut Act, and its implementing regulations, and are based on the
most recent data available. The aggregate data upon which these actions
are based are available for public inspection at the Office of the
Administrator, Northwest Region, NMFS, (see ADDRESSES) during business
hours.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment
[[Page 24604]]
would be impracticable and contrary to the public interest. The data
upon which these recommendations were based was provided to the Pacific
Council, and the Pacific Council made its recommendations at its April
2-7, 2006, meeting in Sacramento, CA. There was not sufficient time
after that meeting to draft this notice and undergo proposed and final
rulemaking before these actions need to be in effect at the start of
the next cumulative limit period, May 1, 2006, as explained below. For
the actions to be implemented in this notice, prior notice and
opportunity for comment would be impracticable and contrary to the
public interest because affording the time necessary for prior notice
and opportunity for public comment would impede the Agency's function
of managing fisheries using the best available science to approach
without exceeding the OYs for federally managed species. The
adjustments to management measures in this document affect commercial
groundfish fisheries. Changes to the limited entry trawl trip limits
must be implemented in a timely manner by May 1, 2006, to reduce
discard. Changes to the open access sablefish DTL fishery must be
implemented in a timely manner by May 1, 2006, so that harvest of
sablefish stays within the harvest levels projected for 2006 and is
extended as long as possible over the year. Changes to the limited
entry fixed gear primary sablefish fishery to allow the retention of
Pacific halibut must be implemented by May 1, 2006, in order to provide
an opportunity for participants in this fishery to catch the available
quota projected to be taken based on the ratio of halibut to sablefish
landings set. Changes to the limited entry fixed gear and open access
gear requirements for ``other flatfish'' must be implemented as soon as
possible and no later than May 1, 2006, in order to make commercial and
recreational regulations consistent and to allow fishers better access
to harvest of healthy stocks. Delaying any of these changes would keep
management measures in place that are not based on the best available
data and which could lead to early closures of the fishery if harvest
of groundfish exceeds levels projected for 2006 or that deny fishermen
access to available harvest. 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.
For these reasons, good cause also exists to waive the 30 day delay
in effectiveness requirement under 5 U.S.C. 553 (d)(3).
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, Fisheries, Fishing, Indians.
Dated: April 20, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, Natinal 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., and 16 U.S.C. 773-773k
0
2. In Sec. 660.372, paragraph (b)(3)(iv) is revised to read as
follows:
Sec. 660.372 Fixed gear sablefish fishery management.
* * * * *
(b) * * *
(3) * * *
(iv) Incidental halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N. lat.). From May 1 through October 31, vessels
authorized to participate in the primary sablefish fishery, licensed by
the International Pacific Halibut Commission for commercial fishing in
Area 2A (waters off Washington, Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N. lat.) may
land up to the following cumulative limits: 100 lb (45 kg) dressed
weight, head-on of halibut per 1,000 lb (454 kg) dressed weight of
sablefish, plus up to two additional halibut per fishing trip in excess
of this ratio. ``Dressed'' halibut in this area means halibut landed
eviscerated with their heads on. Halibut taken and retained in the
primary sablefish fishery north of Pt. Chehalis may only be landed
north of Pt. Chehalis and may not be possessed or landed south of Pt.
Chehalis.
* * * * *
0
3. In Sec. 660.382, paragraphs (c)(2) through (c)(5) are revised to
read as follows:
Sec. 660.382 Limited entry fixed gear fishery management measures.
* * * * *
(c) * * *
(2) Cowcod Conservation Areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.390. Fishing with limited entry fixed gear is
prohibited within the CCAs, except that fishing for ``other flatfish''
is permitted within the CCAs using no more than 12 hooks, ``Number 2''
or smaller, which measure no more than 11 mm (0.44 inches) point to
shank, and up to two one lb (0.45 kg) weights per line. Fishing with
limited entry fixed gear for rockfish and lingcod is permitted
shoreward of the 20-fm (37-m) depth contour. It is unlawful to take and
retain, possess, or land groundfish within the CCAs, except for species
authorized in this paragraph caught according to gear requirements in
this paragraph, when those waters are open to fishing. Commercial
fishing vessels may transit through the Western CCA with their gear
stowed and groundfish on board only in a corridor through the Western
CCA bounded on the north by the latitude line at 33[deg]00.50' N. lat.,
and bounded on the south by the latitude line at 32[deg]59.50' N. lat.
(3) Non-trawl Rockfish Conservation Areas. Fishing for groundfish
with non-trawl gear (limited entry or open access longline and pot or
trap, open access hook-and-line, gillnet, set net, trammel net and
spear) is prohibited within the non-trawl rockfish conservation area
(RCA), except that commercial fishing for ``other flatfish'' is
permitted within the non-trawl RCA off California (between 42[deg] N.
lat. south to the U.S./Mexico border) using no more than 12 hooks,
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches)
point to shank, and up to two one lb (0.45 kg) weights per line. It is
unlawful to take and retain, possess, or land groundfish taken with
non-trawl gear within the non-trawl RCA, unless otherwise authorized in
this section. Limited entry fixed gear vessels may transit through the
non-trawl RCA, with or without groundfish on board. These restrictions
do not apply to vessels fishing for species other than groundfish with
non-trawl gear, although non-trawl vessels on a fishing trip for
species other than groundfish that occurs within the non-trawl RCA may
not retain any groundfish taken on that trip. If a vessel fishes in the
non-trawl RCA, it may not participate in any fishing on that trip that
is prohibited by the restrictions that apply within the non-trawl RCA.
[For example, if a vessel participates in the salmon troll fishery
within the RCA, the vessel cannot on the same trip participate in the
sablefish fishery outside of the RCA.] Boundaries for the non-trawl RCA
throughout the year are provided in the header to Table 4 (North) and
Table 4 (South) of this subpart and may be modified by NMFS inseason
pursuant to Sec. 660.370(c). Non-
[[Page 24605]]
trawl RCA boundaries are defined by specific latitude and longitude
coordinates and are provided at Sec. Sec. 660.390 through 660.394.
(4) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10-fm (18-m)
depth contour around the Farallon Islands, except that commercial
fishing for ``other flatfish'' is permitted around the Farallon Islands
using no more than 12 hooks, ``Number 2'' or smaller, which measure no
more than 11 mm (0.44 inches) point to shank, and up to two one lb
(0.45 kg) weights per line. (See Table 4 (South) of this subpart.) For
a definition of the Farallon Islands, see Sec. 660.390.
(5) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters less than 100 fm (183 m) around Cordell Banks as defined by
specific latitude and longitude coordinates at Sec. 660.390, except
that commercial fishing for ``other flatfish'' is permitted around
Cordell Banks using no more than 12 hooks, ``Number 2'' or smaller,
which measure no more than 11 mm (0.44 inches) point to shank, and up
to two one lb (0.45 kg) weights per line. [Note: California state
regulations also prohibit fishing for all greenlings of the genus
Hexagrammos, California sheephead and ocean whitefish in this area.]
* * * * *
0
4. In Sec. 660.383, paragraphs (c)(2), (c)(3), (c)(5), and (c)(6) are
revised to read as follows:
Sec. 660.383 Open access fishery management measures.
* * * * *
(c) * * *
(2) Cowcod Conservation Areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.390. Fishing with open access gear is prohibited
within the CCAs, except that fishing for ``other flatfish'' is
permitted within the CCAs using no more than 12 hooks, ``Number 2'' or
smaller, which measure no more than 11 mm (0.44 inches) point to shank,
and up to two 1-lb (0.45-kg) weights per line. Fishing with open access
gear, except trawl gear, for rockfish and lingcod is permitted
shoreward of the 20-fm (37-m) depth contour. It is unlawful to take and
retain, possess, or land groundfish within the CCAs, except for species
authorized in this paragraph caught according to gear requirements in
this paragraph, when those waters are open to fishing. Commercial
fishing vessels may transit through the Western CCA with their gear
stowed and groundfish on board only in a corridor through the Western
CCA bounded on the north by the latitude line at 33[deg]00.50' N. lat.,
and bounded on the south by the latitude line at 32[deg]59.50' N. lat.
(3) Non-trawl Rockfish Conservation Areas for the open access
fisheries. Fishing for groundfish with non-trawl gear (limited entry or
open access longline and pot or trap, open access hook-and-line,
gillnet, set net, trammel net and spear) is prohibited within the non-
trawl rockfish conservation area (RCA), except that commercial fishing
for ``other flatfish'' is permitted within the non-trawl RCA off
California (between 42[deg] N. lat. south to the U.S./Mexico border)
using no more than 12 hooks, ``Number 2'' or smaller, which measure no
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.45-
kg) weights per line. It is unlawful to take and retain, possess, or
land groundfish taken with non-trawl gear within the non-trawl RCA,
unless otherwise authorized in this section. Open access non-trawl gear
vessels may transit through the non-trawl RCA, with or without
groundfish on board. These restrictions do not apply to vessels fishing
for species other than groundfish with non-trawl gear, although non-
trawl vessels on a fishing trip for species other than groundfish that
occurs within the non-trawl RCA may not retain any groundfish taken on
that trip. If a vessel fishes in the non-trawl RCA, it may not
participate in any fishing on that trip that is prohibited by the
restrictions that apply within the non-trawl RCA. Retention of
groundfish caught by salmon troll gear is prohibited in the designated
RCAs, except that salmon trollers may retain yellowtail rockfish caught
both inside and outside the non-trawl RCA subject to the limits in
Tables 5 (North) and 5 (South) of this subpart. Boundaries for the non-
trawl RCA throughout the year are provided in the open access trip
limit tables, Table 5 (North) and Table 5(South) of this subpart and
may be modified by NMFS inseason pursuant to Sec. 660.370(c). Non-
trawl RCA boundaries are defined by specific latitude and longitude
coordinates which are specified at Sec. Sec. 660.390 through 660.394.
* * * * *
(5) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10-fm (18-m)
depth contour around the Farallon Islands, except that commercial
fishing for ``other flatfish'' is permitted around the Farallon Islands
using no more than 12 hooks, ``Number 2'' or smaller, which measure no
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.45-
kg) weights per line. (See Table 5 (South) of this subpart.) For a
definition of the Farallon Islands, see Sec. 660.390.
(6) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters less than 100 fm (183 m) around Cordell Banks as defined by
specific latitude and longitude coordinates at Sec. 660.390, except
that commercial fishing for ``other flatfish'' is permitted around
Cordell Banks using no more than 12 hooks, ``Number 2'' or smaller,
which measure no more than 11 mm (0.44 inches) point to shank, and up
to two 1-lb (0.45-kg) weights per line. [Note: California state
regulations also prohibit fishing for all greenlings of the genus
Hexagrammos, California sheephead and ocean whitefish in this area.]
* * * * *
0
5. In part 660, subpart G, Table 3 (South), Table 4 (North and South),
and Table 5 (North and South) are revised to read as follows:
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[FR Doc. 06-3942 Filed 4-25-06; 8:45 am]
BILLING CODE 3510-22-C
