Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Specifications and Management Measures, 48823-48837 [06-7072]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
48823
TABLE 2—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Fishery Description
Estimated # of
vessels/persons
Atlantic Ocean, Gulf of Mexico, Caribbean commercial
passenger fishing vessel
4,000
Marine mammal species and stocks incidentally killed/injured
Bottlenose
Bottlenose
Bottlenose
Bottlenose
dolphin,
dolphin,
dolphin,
dolphin,
Eastern GMX coastal
Northern GMX coastal
Western GMX coastal
WNA coastal
List of Abbreviations and Symbols Used in Table 2: FL - Florida; GA - Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf of Mexico;
NC - North Carolina; SC - South Carolina; TX - Texas; WNA - Western North Atlantic; 1 - Fishery classified based on serious injuries and mortalities of this stock are greater than 1 percent, but less than 50 percent of the stock’s PBR; 2 - Fishery classified by analogy.
jlentini on PROD1PC65 with RULES
Classification
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
rule would not have a significant
economic impact on a substantial
number of small entities. For
convenience, the factual basis leading to
the certification is repeated below.
Under existing regulations, all fishers
participating in Category I or II fisheries
must register under the MMPA, obtain
an Authorization Certificate, and pay a
fee of $25 (with the exception of those
in regions with a registration integrated
with existing state and Federal
permitting processes). Additionally,
fishers may be subject to a take
reduction plan and requested to carry an
observer. The Authorization Certificate
authorizes the taking of marine
mammals incidental to commercial
fishing operations. NMFS has estimated
that approximately 41,730 fishing
vessels, most of which are small
entities, operate in Category I or II
fisheries, and therefore, are required to
register. However, registration has been
integrated with existing state or Federal
registration programs for the majority of
these fisheries so that the majority of
fishers do not need to register separately
under the MMPA. Currently,
approximately 600 fishers register
directly with NMFS under the MMPA
authorization program.
Though this rule would affect
approximately 500 small entities, the
$25 registration fee, with respect to
anticipated revenues, is not considered
a significant economic impact. If a
vessel is requested to carry an observer,
fishers will not incur any economic
costs associated with carrying that
observer. As a result of this certification,
an initial regulatory flexibility analysis
was not prepared. In the event that
reclassification of a fishery to Category
I or II results in a take reduction plan,
economic analyses of the effects of that
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
plan will be summarized in subsequent
rulemaking actions.
This rule contains collection-ofinformation requirements subject to the
Paperwork Reduction Act. The
collection of information for the
registration of fishers under the MMPA
has been approved by the Office of
Management and Budget (OMB) under
OMB control number 0648–0293 (0.15
hours per report for new registrants and
0.09 hours per report for renewals). The
requirement for reporting marine
mammal injuries or mortalities has been
approved by OMB under OMB control
number 0648–0292 (0.15 hours per
report). These estimates include the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Send
comments regarding these reporting
burden estimates or any other aspect of
the collections of information, including
suggestions for reducing burden, to
NMFS and OMB (see ADDRESSES and
SUPPLEMENTARY INFORMATION).
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
This rule has been determined to be
not significant for the purposes of
Executive Order 12866.
An environmental assessment (EA)
was prepared under the National
Environmental Policy Act (NEPA) for
regulations to implement section 118 of
the MMPA (1995 EA). NMFS revised
that EA relative to classifying U.S.
commercial fisheries on the LOF in
December 2005. Both the 1995 EA and
the 2005 EA concluded that
implementation of MMPA section 118
regulations would not have a significant
impact on the human environment. This
rule would not make any significant
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
change in the management of
reclassified fisheries, and therefore, this
rule is not expected to change the
analysis or conclusion of the 2005 EA.
If NMFS takes a management action, for
example, through the development of a
Take Reduction Plan (TRP), NMFS will
first prepare an environmental
document, as required under NEPA,
specific to that action.
This rule would not affect species
listed as threatened or endangered
under the Endangered Species Act
(ESA) or their associated critical habitat.
The impacts of numerous fisheries have
been analyzed in various biological
opinions, and this rule will not affect
the conclusions of those opinions. The
classification of fisheries on the LOF is
not considered to be a management
action that would adversely affect
threatened or endangered species. If
NMFS takes a management action, for
example, through the development of a
TRP, NMFS would conduct consultation
under ESA section 7 for that action.
This rule would have no adverse
impacts on marine mammals and may
have a positive impact on marine
mammals by improving knowledge of
marine mammals and the fisheries
interacting with marine mammals
through information collected from
observer programs, stranding and
sighting data, or take reduction teams.
This rule would not affect the land or
water uses or natural resources of the
coastal zone, as specified under section
307 of the Coastal Zone Management
Act.
Dated: August 15, 2006.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 06–7071 Filed 8–21–06; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\22AUR1.SGM
22AUR1
48824
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
Electronic Access
DEPARTMENT OF COMMERCE
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 and at the Pacific
Council’s website at: www.pcouncil.org.
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 051014263–6028–03; I.D.
120805A]
RIN 0648–AU00
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Specifications and Management
Measures
Background
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; extension.
AGENCY:
SUMMARY: This action extends a
temporary rule, now in effect, that
establishes the 2006 optimum yield
(OY) for darkblotched rockfish caught in
the U.S. exclusive economic zone (EEZ)
off the coasts of Washington, Oregon,
and California. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP) and the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), is
intended to protect darkblotched
rockfish, an overfished groundfish
species.
The expiration date of the
temporary rule (interim darkblotched
rockfish OY) published on February 17,
2006 (71 FR 8489), effective March 1,
2006, through August 27, 2006, is
extended through December 31, 2006.
ADDRESSES: Copies of the Final
Environmental Impact Statement for the
harvest specifications and management
measures for the 2005–2006 groundfish
fisheries are available from Donald
McIsaac, Executive Director, Pacific
Fishery Management Council (Council),
7700 NE Ambassador Place, Portland,
OR 97220, phone: 503–820–2280.
Copies of the Record of Decision and
final regulatory flexibility analysis for
the 2005–2006 groundfish harvest
specifications, and the Small Entity
Compliance Guide for the 2006
groundfish harvest specifications are
available from D. Robert Lohn,
Administrator, Northwest Region
(Regional Administrator), NMFS, 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:
jlentini on PROD1PC65 with RULES
DATES:
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
The Pacific Coast Groundfish FMP
and its implementing regulations at title
50 in the Code of Federal Regulations,
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 72385). 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), April 11, 2006
(71 FR 18227), April 26, 2006 (71 FR
24601), May 11, 2006 (71 FR 27408),
May 22, 2006 (71 FR 29257), June 1,
2006 (71 FR 31104), and July 3, 2006 (71
FR 37839).
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,
in consultation with Pacific Coast
Treaty Indian Tribes and the States of
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Washington, Oregon, and California,
recommended a reduction of the 2006
darkblotched rockfish OY to 200 mt for
March through December 2006. The
management measures for March
through December 2006 were proposed
on December 19, 2005 (70 FR 75115),
and implemented via the final rule
published on February 17, 2006 (71 FR
8489).
The 2006 darkblotched rockfish OY of
200 mt is an interim measure pursuant
to section 305(c) of the MagnusonStevens Act, in effect while the
rebuilding plan (now referred to as
Amendment 16–4) is being developed
and implemented. Under the provisions
of section 305(c)(3) of the MagnusonStevens Act, interim measures shall
remain in effect for not more than 180
days after the date of publication, and
may be extended by publication in the
Federal Register for an additional
period of not more than 180 days,
provided the public has had an
opportunity to comment on the interim
measures, and the Council is actively
preparing a plan amendment to address
rebuilding on a permanent basis. The
public has been provided an
opportunity to comment on the interim
measures in the proposed rule (70 FR
75115, December 19, 2005), and the
Council is actively working on an FMP
amendment, Amendment 16–4, with the
2007–2008 specifications and
management measures process. The
proposed rule for Amendment 16–4 and
the 2007–2008 specifications and
management measures is expected to
publish in September 2006 with a final
rule expected to publish in November
2006, and become effective January 1,
2007. In addition, the Court’s Order in
Natural Resources Defense Council
(NRDC) v. NMFS, 421 F.3d 872 (9th Cir.
2005) dated December 8, 2005, requires
NMFS to implement a darkblotch
rockfish quota for the entire 2006
fishing year pursuant to section 305(c).
Because the Council is continuing work
on Amendment 16–4 and this interim
measure expires on August 27, 2006,
NMFS is extending the darkblotched
rockfish OY beyond the first 180–day
period.
During the comment period on the
proposed rule to implement changes to
the 2006 Pacific Coast groundfish
fishery specifications and management
measures (70 FR 75115, December 19,
2005), NMFS received two comments on
the interim measure for the
darkblotched rockfish OY. Comment 2
and Comment 6, as published in the
‘‘Comments and Responses’’ section of
the final rule (71 FR 8489, February 17,
2006), show the comments received and
NMFS response to those comments.
E:\FR\FM\22AUR1.SGM
22AUR1
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
These comments and responses are
republished below.
Comment 2: One commenter supports
the decrease in the darkblotched
rockfish OY for 2006 from 294 mt to 200
mt. The commenter notes that the latest
stock assessment shows that
darkblotched rockfish is rebuilding
more quickly than originally projected
and, therefore, the OY could be set
higher without demonstrably slowing
the rebuilding progress. However, the
commenter supports NMFS effort to
rebuild quicker than required by law, as
was done with lingcod, while
minimizing impacts on local coastal
communities, including fishermen and
processors.
Another commenter believes that the
rule proposes to set an OY that is higher
than the lowest level possible and is
thereby violating the Magnuson-Stevens
Act, which requires overfished species
to be rebuilt as quickly as possible. In
the 2005–2006 Pacific Coast Groundfish
Specifications and Management
Measures Environmental Impact
Statement (hereafter, 2005–2006 Specs
EIS), NMFS projected total fishing
mortality of less than 100 mt for
darkblotched rockfish. The commenter
believes that NMFS failed to consider
the lowest possible fishing level for
darkblotched rockfish because an OY at
or below 100 mt was not adopted.
A third commenter suggested that all
species should have their quotas cut by
50 percent this year and 10 percent each
succeeding year.
Response: As stated in the proposed
rule, this action to adjust the 2006
darkblotched rockfish OY from 294 mt
to 200 mt is an interim measure to
decrease the OY within the current
rebuilding plan until a revised
rebuilding plan is developed. Revising
the rebuilding plan requires extensive
analysis to consider the interaction of
the rebuilding plans for all overfished
species, to determine the needs of the
fishing communities, and to allow
substantial public participation.
Allowable harvest levels for all
overfished groundfish species for 2007
and beyond will be based on new
rebuilding plans intended to meet the
court’s decision in NRDC v. NMFS, 421
F.3d 872 (9th Cir. 2005). The Pacific
Council intends to review, re-analyze,
and revise rebuilding plans via
Amendment 16–4 to the FMP, which
will be developed concurrently with the
2007–2008 groundfish harvest
specifications and management
measures. These revised rebuilding
plans in Amendment 16–4 will
determine the OYs selected for
overfished groundfish species,
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
including darkblotched rockfish, in
2007 and beyond.
At the Pacific Council’s October 30 –
November 4, 2005, meeting, in order to
determine if interim action was
appropriate, NMFS and the Pacific
Council analyzed the effects of a range
of 2006 darkblotched rockfish OYs, from
0–696 mt, on the time to rebuild the
darkblotched stock. The Pacific
Council’s Groundfish Management
Team estimated: with a darkblotched
rockfish OY of zero, the stock would be
rebuilt by July 2009; with an OY of 200
mt, the stock would be rebuilt by March
2010; and with the previously
established OY of 294 mt, the stock
would be rebuilt by July 2010. Since
that meeting, NMFS analyzed the
estimated gains in rebuilding time that
could occur were the 2006 OY set at 100
mt, and found that a 100 mt OY could
result in the stock being rebuilt by 3–6
months prior to the March 2010 date
associated with a 200 mt OY. As
discussed below, this small gain in
rebuilding time would result in large
economic losses to the fishing industry
and coastal communities. Therefore,
NMFS concurs with the Pacific
Council’s recommendation of a 200 mt
OY for darkblotched rockfish in 2006 as
an appropriately conservative interim
OY intended to accommodate some
targeting of the more healthy groundfish
stocks that co-occur with darkblotched
rockfish.
Populations of the overfished rockfish
species are found along the entire length
of the U.S. West Coast. Because of their
varied biological characteristics,
overfished rockfish are caught in a
broad range of fisheries, tribal and nontribal, commercial and recreational.
NMFS, its partner state and tribal
agencies, and the Pacific Council have
focused their efforts to protect and
rebuild overfished groundfish species
on minimizing or eliminating directed
harvest and minimizing incidental catch
of overfished stocks. Overfished species
are caught in all of the groundfish
fisheries coastwide not because they are
targeted, but because they co-occur with
the more abundant stocks the fisheries
do target. For example, yelloweye
rockfish is often found at similar depths
to and caught in common with Pacific
halibut, an abundant flatfish targeted
with hook-and-line gear in the
recreational and commercial fisheries.
Fisheries for target species must then be
constrained in some way in order to
rebuild the non-target overfished
species, usually with: reductions in
allowable landings levels of target
species, reductions in allowable fishing
area so as to minimize fishing in areas
where overfished species commonly
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
48825
occur, reductions in allowable duration
of fishing seasons, or alterations in
fishing gear that either prevent
overfished species from being caught by
the gear or expel overfished species
from the gear. All of these tools are used
either individually or in combination
for West Coast fisheries that either target
groundfish directly, or take groundfish
incidentally to their non-groundfish
fishing operations. Therefore, when
NMFS analyzes revenues earned or
sacrificed in order to rebuild overfished
species at slower or faster rates, the
agency is looking at revenues from the
more healthy target stocks, not from the
overfished species themselves.
In setting the 2006 darkblotched
rockfish OY, NMFS considered both the
biological constraints of the stock in
terms of its ability to rebuild by
particular dates, and the economic
impacts of rebuilding at different rates
on coastal fishing communities. NMFS
particularly considered the effect of
reducing the 2006 darkblotched rockfish
OY to 100 mt.
The majority of darkblotched rockfish
landed are caught with limited entry
bottom trawl gear (99.6 percent in 2004),
incidentally to slope fisheries for
groundfish. Because the groundfish
fishery has been managed under
rebuilding measures since 2000, NMFS
reviewed the effect of a 100–mt
darkblotched rockfish OY in 2006 both
from the perspective of incremental
changes to the fishery from current
harvests and associated revenue, and
from the perspective of cumulative
changes that have been ongoing within
the fishery from the past several years.
In terms of inflation-adjusted dollars,
since 2001, real ex-vessel revenues from
bottom trawl vessels have been less than
half of what they were in 1996. Many
vessels, processors, shore-based
infrastructure, and support businesses
were built to service a fishery that
generated revenues and landings that
are larger than what the current fishery
generates. This means that current
annual revenues are less able to support
the fixed costs of maintaining the
structures built to support a more
productive industry. Because revenues
have declined substantially from this
period of higher productivity,
businesses are less able to withstand
further declines in revenue. In other
words, the effect upon fishers,
processors, support businesses, and
communities of reducing ex-vessel
revenues is likely to be greater when the
fishery annually generates $20 million
compared to a reduction when the
fishery annually generates $40 million.
NMFS analyzed the effects of a 100–
mt 2006 darkblotched rockfish OY from
E:\FR\FM\22AUR1.SGM
22AUR1
jlentini on PROD1PC65 with RULES
48826
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
the base of management measures
implemented in this rule, assuming
available darkblotched rockfish
incidental catch to be cut to that 100–
mt level. Using ex-vessel prices from
2005, 100 mt of darkblotched rockfish
translates into roughly $94,000 to
$100,000 in ex-vessel revenue from
landings of darkblotched rockfish itself.
However, reducing the catch of species
that co-occur with darkblotched
rockfish to stay within a 100 mt OY in
2006 would mean a reduction in exvessel revenues from co-occurring slope
species by several million dollars. Exvessel revenues should only be viewed
as an indicator of economic impacts to
the vessels, their crew, and owners.
Taking into account the additional
impact to processors, support
businesses, and West Coast
communities means an additional effect
that is roughly 20–40 percent higher
than the ex-vessel revenue impact.
For example, preliminary catch
estimates from 2005 show that 100 mt
of darkblotched rockfish had been
caught incidentally to the slope trawl
fishery by late August. Had the portion
of the fishery that catches darkblotched
rockfish closed upon attainment of 100
mt of darkblotched rockfish, the cost to
the bottom trawl fleet would have been
approximately $3.5 million in foregone
ex-vessel revenue, or approximately 18
percent of total bottom trawl ex-vessel
revenue in the area north of 40°10′ N.
lat. in 2005. In comparison,
approximately 100 mt of darkblotched
rockfish had been caught by mid-June in
2004, and had the portion of the bottom
trawl fishery that catches darkblotched
rockfish been closed upon attainment of
100 mt of darkblotched rockfish,
approximately $6.5 million in ex-vessel
revenues would have been lost, or
approximately 38 percent of total
bottom trawl ex-vessel revenues in the
area north of 40°10′ N. lat. for that year.
Limited entry bottom trawl
regulations implemented in this final
rule in place for 2006 are designed to
distribute catch of target species more
evenly throughout the year. In 2005,
catch was distributed more heavily
toward the early part of the year. Based
on analysis applying regulations
implemented by this rule to the fishery
and incidental catch patterns, NMFS
expects that the fishery will take 100 mt
of darkblotched rockfish by August
2006. If the slope trawl fishery were
closed in August 2006, the bottom trawl
fleet would lose 25–36 percent of total
bottom trawl ex-vessel revenues from
the more abundant species that could be
taken during the remaining months in
the area north of 40°10′ N. lat. Based on
total exvessel revenues in that area in
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
the past several years, this is likely to
mean a loss of $4.2 to $6.5 million just
in ex-vessel revenues in that area.
If NMFS were to structure the 2006
season toward both maintaining a year
round bottom trawl fishery and
attaining the highest level of ex-vessel
revenues without exceeding 100 mt of
darkblotched rockfish, we estimate the
cost to the fleet would be a loss of $3.2
to $6.0 million in ex-vessel revenues.
This somewhat lower loss is in
comparison to the $4.2 to $6.5 million
loss that we expect would occur if the
bottom trawl fishery were to close on
attainment of 100 mt of darkblotched
rockfish. Achieving a year-round bottom
trawl fishery with a 100 mt
darkblotched OY for 2006 would require
inseason changes to regulations in May
2006. For purposes of analysis, NMFS
assumed that the regulatory changes
under these conditions would be
designed to keep the NovemberDecember deepwater petrale sole
fishery, to continue to allow harvest of
thornyheads in waters deeper than
where darkblotched rockfish occur, and
to allow harvest of sablefish and Dover
sole scheduled by management
measures in this final rule during
November-December in waters deeper
than where darkblotched rockfish occur.
These declines in landings of the more
abundant stocks that co-occur with
darkblotched rockfish and in associated
ex-vessel revenue would most severely
affect the vessels, processing plants, and
ports with reliance upon and
investment in the trawl slope
groundfish fisheries north of 40°10′ N.
lat. NMFS expects that the following
ports would be most vulnerable to
vessel bankruptcy and forfeitures and
processing plant closures, if the
darkblotched OY was set to 100 mt in
2006: Blaine, Bellingham, Neah Bay,
and Westport, Washington; Astoria,
Newport, Coos Bay, and Brookings,
Oregon; and Eureka, and Crescent City,
California. Within these ports, the
bottom trawl fishery would be most
affected. In 2005 the bottom trawl
fishery in these ports generated
approximately $18 million in ex-vessel
revenue compared with a combined $32
million for bottom and midwater trawl
and $46 million for all groundfish in
these ports.
As stated above, NMFS and the
Pacific Council intend to review and
revise all of the rebuilding plans in
advance of the 2007–2008 fishing
period. For 2006, NMFS continues to
support a darkblotched rockfish OY of
200 mt. The difference in rebuilding
times between setting an OY for 2006 at
200 mt versus 100 mt, and maintaining
darkblotched mortality at the
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
corresponding spawner per recruit
harvest rate each year until the stock is
rebuilt, is less than half a year, while the
estimated economic impacts from this
reduction on the fishing industry and
coastal communities is on the order of
several millions of dollars lost each year
until the stock is rebuilt. Therefore,
NMFS does not support reducing the
darkblotched OY below 200 mt in 2006.
NMFS also disagrees with the second
commenter’s statement that the agency
is violating the Magnuson-Stevens Act.
This interim reduction in the OY will
prevent potential mortality that could
occur if the current OY of 294 mt
remains in place. This interim measure
is consistent with section 305(c) of the
Magnuson-Stevens Act in establishing
interim measures until the revised longterm rebuilding plan is developed
through the Council process and
implemented by NMFS. This interim
measure is not intended to be the longterm rebuilding OY; however, as
explained above, this OY level provides
for continued rebuilding through 2006.
Finally, the third commenter
suggested that harvest levels for all
species be cut by one-half in 2006 and
by 10 percent for each subsequent year.
The darkblotched rockfish OY for 2006
has been cut via this action by
approximately one-third from the 2006
OY NMFS had implemented on January
1, 2005 (69 FR 77012, December 23,
2004). The proposed rule for this action
did not consider revisions to 2006
harvest levels for species other than
darkblotched rockfish. The Pacific
Council and its collaborating agencies
are developing harvest level and
management measure recommendations
for 2007–2008 via a public process
during spring 2006. NMFS expects to
propose a rule for public review and
comment on the 2007–2008 harvest
specifications and management
measures and the new rebuilding plans
for overfished species in early fall 2006.
Comment 6: NMFS did not consider
an adequate range of alternatives to the
2006 darkblotched rockfish OY,
violating NEPA.
Response: As stated in the proposed
rule for this action (70 FR 75115,
December 19, 2005), NMFS considered
a variety of potential 2006 OYs, ranging
from 0–696 mt. In addition, a 200–mt
OY for darkblotched rockfish is within
the range of alternatives analyzed in the
2005–2006 Specs EIS, the EIS for
Amendment 16–2, within the
parameters of the darkblotched rockfish
stock assessment and rebuilding
analysis adopted by the Council in
2005, and within the parameters of the
rebuilding plan adopted under
Amendment 16–2, which implemented
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
rebuilding plans for darkblotched
rockfish and other overfished species.
NMFS took into account the most recent
darkblotched rockfish stock assessment
and rebuilding analysis, the rebuilding
plan, and the darkblotched OYs
analyzed in the 2005–2006 Specs EIS.
Therefore, NMFS did consider an
adequate range of alternatives for
darkblotched rockfish and did not
violate NEPA. To reiterate what NMFS
had stated in the proposed rule (70 FR
75115, December 19, 2005), the intent of
the adjusted 2006 darkblotched OY (200
mt) is an interim measure while NMFS
develops a revised rebuilding plan for
darkblotched rockfish. The revised
rebuilding plan and OYs for 2007–2008,
which will be based on a new stock
assessment for darkblotched rockfish
completed in 2005, will be analyzed in
an EIS being drafted in 2006.
jlentini on PROD1PC65 with RULES
Classification
The Assistant Administrator for
Fisheries, NOAA (AA,) has determined
that this extension is needed to
maintain the lower darkblotched
rockfish OY of 200 mt for the remainder
of 2006, as an interim rebuilding
measure for darkblotched rockfish, an
overfished species. The interim 2006
darkblotched rockfish OY is in response
to a district court order addressing the
court of appeals ruling in NRDC v.
NMFS, 421 F.3d 872 (9th Cir. 2005).
NMFS is currently developing a revised
rebuilding plan for darkblotched
rockfish through Amendment 16–4 and
the 2007–2008 groundfish specifications
and management measures process. The
proposed rule for Amendment 16–4 and
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
the 2007–2008 specifications and
management measures is expected to
publish in September 2006 with a final
rule expected to publish in November
2006, with an effective date of January
1, 2007. Accordingly, the AA is
extending the expiration date of this
temporary rule through December 31,
2006, after which the revised
darkblotched rockfish rebuilding plan
and corresponding OY will become
effective for 2007 and beyond.
This action continues interim
measures implemented March 1, 2006
(71 FR 8489, February 17, 2006), for 180
days beyond the current expiration date
of August 27, 2006, or until December
31, 2006, whichever is sooner, because
the conditions prompting the initial
interim measures still remain. The
public was provided with the
opportunity to submit public comment
on these measures in the rule published
on February 17, 2006, and those
comments and responses are repeated in
the preamble to this action. Therefore,
the AA finds that it would be
impracticable and contrary to the public
interest to delay the extension of these
measures by providing additional
opportunities for public comment, and
finds good cause to waive additional
public comments under 5 U.S.C.
553(b)(B).
For these same reasons, the AA finds
good cause to waive the 30–day delayed
effectiveness provision of the
Administrative Procedures Act pursuant
to 5 U.S.C. 553 (d)(3).
In accordance with Executive Order
13175, this temporary rule was
developed after meaningful consultation
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
48827
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 final rule
that would affect tribal fishery
participants, which was passed by the
Council.
This temporary rule has been
determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 16, 2006.
Samuel D. Rauch, III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
I
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In part 660, subpart G, Table 2a and
Table 2b are revised to read as follows:
I
BILLING CODE 3510–22–S
E:\FR\FM\22AUR1.SGM
22AUR1
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.063</GPH>
jlentini on PROD1PC65 with RULES
48828
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00037
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
48829
ER22AU06.064</GPH>
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00038
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.065</GPH>
jlentini on PROD1PC65 with RULES
48830
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00039
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
48831
ER22AU06.066</GPH>
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00040
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.067</GPH>
jlentini on PROD1PC65 with RULES
48832
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
48833
ER22AU06.068</GPH>
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.069</GPH>
jlentini on PROD1PC65 with RULES
48834
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00043
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
48835
ER22AU06.070</GPH>
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4725
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.071</GPH>
jlentini on PROD1PC65 with RULES
48836
48837
[FR Doc. 06–7072 Filed 8–21–06; 8:45 am]
BILLING CODE 3510–22–C
VerDate Aug<31>2005
15:24 Aug 21, 2006
Jkt 208001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\22AUR1.SGM
22AUR1
ER22AU06.072</GPH>
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
]]>Agencies
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Rules and Regulations]
[Pages 48823-48837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7072]
[[Page 48824]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 051014263-6028-03; I.D. 120805A]
RIN 0648-AU00
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; extension.
-----------------------------------------------------------------------
SUMMARY: This action extends a temporary rule, now in effect, that
establishes the 2006 optimum yield (OY) for darkblotched rockfish
caught in the U.S. exclusive economic zone (EEZ) off the coasts of
Washington, Oregon, and California. This action, which is authorized by
the Pacific Coast Groundfish Fishery Management Plan (FMP) and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), is intended to protect darkblotched rockfish, an
overfished groundfish species.
DATES: The expiration date of the temporary rule (interim darkblotched
rockfish OY) published on February 17, 2006 (71 FR 8489), effective
March 1, 2006, through August 27, 2006, is extended through December
31, 2006.
ADDRESSES: Copies of the Final Environmental Impact Statement for the
harvest specifications and management measures for the 2005-2006
groundfish fisheries are available from Donald McIsaac, Executive
Director, Pacific Fishery Management Council (Council), 7700 NE
Ambassador Place, Portland, OR 97220, phone: 503-820-2280. Copies of
the Record of Decision and final regulatory flexibility analysis for
the 2005-2006 groundfish harvest specifications, and the Small Entity
Compliance Guide for the 2006 groundfish harvest specifications are
available from D. Robert Lohn, Administrator, Northwest Region
(Regional Administrator), NMFS, 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 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, 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 72385). 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), April 11, 2006
(71 FR 18227), April 26, 2006 (71 FR 24601), May 11, 2006 (71 FR
27408), May 22, 2006 (71 FR 29257), June 1, 2006 (71 FR 31104), and
July 3, 2006 (71 FR 37839).
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, in consultation with Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and California, recommended a
reduction of the 2006 darkblotched rockfish OY to 200 mt for March
through December 2006. The management measures for March through
December 2006 were proposed on December 19, 2005 (70 FR 75115), and
implemented via the final rule published on February 17, 2006 (71 FR
8489).
The 2006 darkblotched rockfish OY of 200 mt is an interim measure
pursuant to section 305(c) of the Magnuson-Stevens Act, in effect while
the rebuilding plan (now referred to as Amendment 16-4) is being
developed and implemented. Under the provisions of section 305(c)(3) of
the Magnuson-Stevens Act, interim measures shall remain in effect for
not more than 180 days after the date of publication, and may be
extended by publication in the Federal Register for an additional
period of not more than 180 days, provided the public has had an
opportunity to comment on the interim measures, and the Council is
actively preparing a plan amendment to address rebuilding on a
permanent basis. The public has been provided an opportunity to comment
on the interim measures in the proposed rule (70 FR 75115, December 19,
2005), and the Council is actively working on an FMP amendment,
Amendment 16-4, with the 2007-2008 specifications and management
measures process. The proposed rule for Amendment 16-4 and the 2007-
2008 specifications and management measures is expected to publish in
September 2006 with a final rule expected to publish in November 2006,
and become effective January 1, 2007. In addition, the Court's Order in
Natural Resources Defense Council (NRDC) v. NMFS, 421 F.3d 872 (9\th\
Cir. 2005) dated December 8, 2005, requires NMFS to implement a
darkblotch rockfish quota for the entire 2006 fishing year pursuant to
section 305(c). Because the Council is continuing work on Amendment 16-
4 and this interim measure expires on August 27, 2006, NMFS is
extending the darkblotched rockfish OY beyond the first 180-day period.
During the comment period on the proposed rule to implement changes
to the 2006 Pacific Coast groundfish fishery specifications and
management measures (70 FR 75115, December 19, 2005), NMFS received two
comments on the interim measure for the darkblotched rockfish OY.
Comment 2 and Comment 6, as published in the ``Comments and Responses''
section of the final rule (71 FR 8489, February 17, 2006), show the
comments received and NMFS response to those comments.
[[Page 48825]]
These comments and responses are republished below.
Comment 2: One commenter supports the decrease in the darkblotched
rockfish OY for 2006 from 294 mt to 200 mt. The commenter notes that
the latest stock assessment shows that darkblotched rockfish is
rebuilding more quickly than originally projected and, therefore, the
OY could be set higher without demonstrably slowing the rebuilding
progress. However, the commenter supports NMFS effort to rebuild
quicker than required by law, as was done with lingcod, while
minimizing impacts on local coastal communities, including fishermen
and processors.
Another commenter believes that the rule proposes to set an OY that
is higher than the lowest level possible and is thereby violating the
Magnuson-Stevens Act, which requires overfished species to be rebuilt
as quickly as possible. In the 2005-2006 Pacific Coast Groundfish
Specifications and Management Measures Environmental Impact Statement
(hereafter, 2005-2006 Specs EIS), NMFS projected total fishing
mortality of less than 100 mt for darkblotched rockfish. The commenter
believes that NMFS failed to consider the lowest possible fishing level
for darkblotched rockfish because an OY at or below 100 mt was not
adopted.
A third commenter suggested that all species should have their
quotas cut by 50 percent this year and 10 percent each succeeding year.
Response: As stated in the proposed rule, this action to adjust the
2006 darkblotched rockfish OY from 294 mt to 200 mt is an interim
measure to decrease the OY within the current rebuilding plan until a
revised rebuilding plan is developed. Revising the rebuilding plan
requires extensive analysis to consider the interaction of the
rebuilding plans for all overfished species, to determine the needs of
the fishing communities, and to allow substantial public participation.
Allowable harvest levels for all overfished groundfish species for 2007
and beyond will be based on new rebuilding plans intended to meet the
court's decision in NRDC v. NMFS, 421 F.3d 872 (9\th\ Cir. 2005). The
Pacific Council intends to review, re-analyze, and revise rebuilding
plans via Amendment 16-4 to the FMP, which will be developed
concurrently with the 2007-2008 groundfish harvest specifications and
management measures. These revised rebuilding plans in Amendment 16-4
will determine the OYs selected for overfished groundfish species,
including darkblotched rockfish, in 2007 and beyond.
At the Pacific Council's October 30 - November 4, 2005, meeting, in
order to determine if interim action was appropriate, NMFS and the
Pacific Council analyzed the effects of a range of 2006 darkblotched
rockfish OYs, from 0-696 mt, on the time to rebuild the darkblotched
stock. The Pacific Council's Groundfish Management Team estimated: with
a darkblotched rockfish OY of zero, the stock would be rebuilt by July
2009; with an OY of 200 mt, the stock would be rebuilt by March 2010;
and with the previously established OY of 294 mt, the stock would be
rebuilt by July 2010. Since that meeting, NMFS analyzed the estimated
gains in rebuilding time that could occur were the 2006 OY set at 100
mt, and found that a 100 mt OY could result in the stock being rebuilt
by 3-6 months prior to the March 2010 date associated with a 200 mt OY.
As discussed below, this small gain in rebuilding time would result in
large economic losses to the fishing industry and coastal communities.
Therefore, NMFS concurs with the Pacific Council's recommendation of a
200 mt OY for darkblotched rockfish in 2006 as an appropriately
conservative interim OY intended to accommodate some targeting of the
more healthy groundfish stocks that co-occur with darkblotched
rockfish.
Populations of the overfished rockfish species are found along the
entire length of the U.S. West Coast. Because of their varied
biological characteristics, overfished rockfish are caught in a broad
range of fisheries, tribal and non-tribal, commercial and recreational.
NMFS, its partner state and tribal agencies, and the Pacific Council
have focused their efforts to protect and rebuild overfished groundfish
species on minimizing or eliminating directed harvest and minimizing
incidental catch of overfished stocks. Overfished species are caught in
all of the groundfish fisheries coastwide not because they are
targeted, but because they co-occur with the more abundant stocks the
fisheries do target. For example, yelloweye rockfish is often found at
similar depths to and caught in common with Pacific halibut, an
abundant flatfish targeted with hook-and-line gear in the recreational
and commercial fisheries. Fisheries for target species must then be
constrained in some way in order to rebuild the non-target overfished
species, usually with: reductions in allowable landings levels of
target species, reductions in allowable fishing area so as to minimize
fishing in areas where overfished species commonly occur, reductions in
allowable duration of fishing seasons, or alterations in fishing gear
that either prevent overfished species from being caught by the gear or
expel overfished species from the gear. All of these tools are used
either individually or in combination for West Coast fisheries that
either target groundfish directly, or take groundfish incidentally to
their non-groundfish fishing operations. Therefore, when NMFS analyzes
revenues earned or sacrificed in order to rebuild overfished species at
slower or faster rates, the agency is looking at revenues from the more
healthy target stocks, not from the overfished species themselves.
In setting the 2006 darkblotched rockfish OY, NMFS considered both
the biological constraints of the stock in terms of its ability to
rebuild by particular dates, and the economic impacts of rebuilding at
different rates on coastal fishing communities. NMFS particularly
considered the effect of reducing the 2006 darkblotched rockfish OY to
100 mt.
The majority of darkblotched rockfish landed are caught with
limited entry bottom trawl gear (99.6 percent in 2004), incidentally to
slope fisheries for groundfish. Because the groundfish fishery has been
managed under rebuilding measures since 2000, NMFS reviewed the effect
of a 100-mt darkblotched rockfish OY in 2006 both from the perspective
of incremental changes to the fishery from current harvests and
associated revenue, and from the perspective of cumulative changes that
have been ongoing within the fishery from the past several years. In
terms of inflation-adjusted dollars, since 2001, real ex-vessel
revenues from bottom trawl vessels have been less than half of what
they were in 1996. Many vessels, processors, shore-based
infrastructure, and support businesses were built to service a fishery
that generated revenues and landings that are larger than what the
current fishery generates. This means that current annual revenues are
less able to support the fixed costs of maintaining the structures
built to support a more productive industry. Because revenues have
declined substantially from this period of higher productivity,
businesses are less able to withstand further declines in revenue. In
other words, the effect upon fishers, processors, support businesses,
and communities of reducing ex-vessel revenues is likely to be greater
when the fishery annually generates $20 million compared to a reduction
when the fishery annually generates $40 million.
NMFS analyzed the effects of a 100-mt 2006 darkblotched rockfish OY
from
[[Page 48826]]
the base of management measures implemented in this rule, assuming
available darkblotched rockfish incidental catch to be cut to that 100-
mt level. Using ex-vessel prices from 2005, 100 mt of darkblotched
rockfish translates into roughly $94,000 to $100,000 in ex-vessel
revenue from landings of darkblotched rockfish itself. However,
reducing the catch of species that co-occur with darkblotched rockfish
to stay within a 100 mt OY in 2006 would mean a reduction in ex-vessel
revenues from co-occurring slope species by several million dollars.
Ex-vessel revenues should only be viewed as an indicator of economic
impacts to the vessels, their crew, and owners. Taking into account the
additional impact to processors, support businesses, and West Coast
communities means an additional effect that is roughly 20-40 percent
higher than the ex-vessel revenue impact.
For example, preliminary catch estimates from 2005 show that 100 mt
of darkblotched rockfish had been caught incidentally to the slope
trawl fishery by late August. Had the portion of the fishery that
catches darkblotched rockfish closed upon attainment of 100 mt of
darkblotched rockfish, the cost to the bottom trawl fleet would have
been approximately $3.5 million in foregone ex-vessel revenue, or
approximately 18 percent of total bottom trawl ex-vessel revenue in the
area north of 40[deg]10' N. lat. in 2005. In comparison, approximately
100 mt of darkblotched rockfish had been caught by mid-June in 2004,
and had the portion of the bottom trawl fishery that catches
darkblotched rockfish been closed upon attainment of 100 mt of
darkblotched rockfish, approximately $6.5 million in ex-vessel revenues
would have been lost, or approximately 38 percent of total bottom trawl
ex-vessel revenues in the area north of 40[deg]10' N. lat. for that
year.
Limited entry bottom trawl regulations implemented in this final
rule in place for 2006 are designed to distribute catch of target
species more evenly throughout the year. In 2005, catch was distributed
more heavily toward the early part of the year. Based on analysis
applying regulations implemented by this rule to the fishery and
incidental catch patterns, NMFS expects that the fishery will take 100
mt of darkblotched rockfish by August 2006. If the slope trawl fishery
were closed in August 2006, the bottom trawl fleet would lose 25-36
percent of total bottom trawl ex-vessel revenues from the more abundant
species that could be taken during the remaining months in the area
north of 40[deg]10' N. lat. Based on total exvessel revenues in that
area in the past several years, this is likely to mean a loss of $4.2
to $6.5 million just in ex-vessel revenues in that area.
If NMFS were to structure the 2006 season toward both maintaining a
year round bottom trawl fishery and attaining the highest level of ex-
vessel revenues without exceeding 100 mt of darkblotched rockfish, we
estimate the cost to the fleet would be a loss of $3.2 to $6.0 million
in ex-vessel revenues. This somewhat lower loss is in comparison to the
$4.2 to $6.5 million loss that we expect would occur if the bottom
trawl fishery were to close on attainment of 100 mt of darkblotched
rockfish. Achieving a year-round bottom trawl fishery with a 100 mt
darkblotched OY for 2006 would require inseason changes to regulations
in May 2006. For purposes of analysis, NMFS assumed that the regulatory
changes under these conditions would be designed to keep the November-
December deepwater petrale sole fishery, to continue to allow harvest
of thornyheads in waters deeper than where darkblotched rockfish occur,
and to allow harvest of sablefish and Dover sole scheduled by
management measures in this final rule during November-December in
waters deeper than where darkblotched rockfish occur. These declines in
landings of the more abundant stocks that co-occur with darkblotched
rockfish and in associated ex-vessel revenue would most severely affect
the vessels, processing plants, and ports with reliance upon and
investment in the trawl slope groundfish fisheries north of 40[deg]10'
N. lat. NMFS expects that the following ports would be most vulnerable
to vessel bankruptcy and forfeitures and processing plant closures, if
the darkblotched OY was set to 100 mt in 2006: Blaine, Bellingham, Neah
Bay, and Westport, Washington; Astoria, Newport, Coos Bay, and
Brookings, Oregon; and Eureka, and Crescent City, California. Within
these ports, the bottom trawl fishery would be most affected. In 2005
the bottom trawl fishery in these ports generated approximately $18
million in ex-vessel revenue compared with a combined $32 million for
bottom and midwater trawl and $46 million for all groundfish in these
ports.
As stated above, NMFS and the Pacific Council intend to review and
revise all of the rebuilding plans in advance of the 2007-2008 fishing
period. For 2006, NMFS continues to support a darkblotched rockfish OY
of 200 mt. The difference in rebuilding times between setting an OY for
2006 at 200 mt versus 100 mt, and maintaining darkblotched mortality at
the corresponding spawner per recruit harvest rate each year until the
stock is rebuilt, is less than half a year, while the estimated
economic impacts from this reduction on the fishing industry and
coastal communities is on the order of several millions of dollars lost
each year until the stock is rebuilt. Therefore, NMFS does not support
reducing the darkblotched OY below 200 mt in 2006.
NMFS also disagrees with the second commenter's statement that the
agency is violating the Magnuson-Stevens Act. This interim reduction in
the OY will prevent potential mortality that could occur if the current
OY of 294 mt remains in place. This interim measure is consistent with
section 305(c) of the Magnuson-Stevens Act in establishing interim
measures until the revised long-term rebuilding plan is developed
through the Council process and implemented by NMFS. This interim
measure is not intended to be the long-term rebuilding OY; however, as
explained above, this OY level provides for continued rebuilding
through 2006.
Finally, the third commenter suggested that harvest levels for all
species be cut by one-half in 2006 and by 10 percent for each
subsequent year. The darkblotched rockfish OY for 2006 has been cut via
this action by approximately one-third from the 2006 OY NMFS had
implemented on January 1, 2005 (69 FR 77012, December 23, 2004). The
proposed rule for this action did not consider revisions to 2006
harvest levels for species other than darkblotched rockfish. The
Pacific Council and its collaborating agencies are developing harvest
level and management measure recommendations for 2007-2008 via a public
process during spring 2006. NMFS expects to propose a rule for public
review and comment on the 2007-2008 harvest specifications and
management measures and the new rebuilding plans for overfished species
in early fall 2006.
Comment 6: NMFS did not consider an adequate range of alternatives
to the 2006 darkblotched rockfish OY, violating NEPA.
Response: As stated in the proposed rule for this action (70 FR
75115, December 19, 2005), NMFS considered a variety of potential 2006
OYs, ranging from 0-696 mt. In addition, a 200-mt OY for darkblotched
rockfish is within the range of alternatives analyzed in the 2005-2006
Specs EIS, the EIS for Amendment 16-2, within the parameters of the
darkblotched rockfish stock assessment and rebuilding analysis adopted
by the Council in 2005, and within the parameters of the rebuilding
plan adopted under Amendment 16-2, which implemented
[[Page 48827]]
rebuilding plans for darkblotched rockfish and other overfished
species. NMFS took into account the most recent darkblotched rockfish
stock assessment and rebuilding analysis, the rebuilding plan, and the
darkblotched OYs analyzed in the 2005-2006 Specs EIS. Therefore, NMFS
did consider an adequate range of alternatives for darkblotched
rockfish and did not violate NEPA. To reiterate what NMFS had stated in
the proposed rule (70 FR 75115, December 19, 2005), the intent of the
adjusted 2006 darkblotched OY (200 mt) is an interim measure while NMFS
develops a revised rebuilding plan for darkblotched rockfish. The
revised rebuilding plan and OYs for 2007-2008, which will be based on a
new stock assessment for darkblotched rockfish completed in 2005, will
be analyzed in an EIS being drafted in 2006.
Classification
The Assistant Administrator for Fisheries, NOAA (AA,) has
determined that this extension is needed to maintain the lower
darkblotched rockfish OY of 200 mt for the remainder of 2006, as an
interim rebuilding measure for darkblotched rockfish, an overfished
species. The interim 2006 darkblotched rockfish OY is in response to a
district court order addressing the court of appeals ruling in NRDC v.
NMFS, 421 F.3d 872 (9\th\ Cir. 2005). NMFS is currently developing a
revised rebuilding plan for darkblotched rockfish through Amendment 16-
4 and the 2007-2008 groundfish specifications and management measures
process. The proposed rule for Amendment 16-4 and the 2007-2008
specifications and management measures is expected to publish in
September 2006 with a final rule expected to publish in November 2006,
with an effective date of January 1, 2007. Accordingly, the AA is
extending the expiration date of this temporary rule through December
31, 2006, after which the revised darkblotched rockfish rebuilding plan
and corresponding OY will become effective for 2007 and beyond.
This action continues interim measures implemented March 1, 2006
(71 FR 8489, February 17, 2006), for 180 days beyond the current
expiration date of August 27, 2006, or until December 31, 2006,
whichever is sooner, because the conditions prompting the initial
interim measures still remain. The public was provided with the
opportunity to submit public comment on these measures in the rule
published on February 17, 2006, and those comments and responses are
repeated in the preamble to this action. Therefore, the AA finds that
it would be impracticable and contrary to the public interest to delay
the extension of these measures by providing additional opportunities
for public comment, and finds good cause to waive additional public
comments under 5 U.S.C. 553(b)(B).
For these same reasons, the AA finds good cause to waive the 30-day
delayed effectiveness provision of the Administrative Procedures Act
pursuant to 5 U.S.C. 553 (d)(3).
In accordance with Executive Order 13175, this temporary 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 final rule that would affect tribal fishery
participants, which was passed by the Council.
This temporary rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 16, 2006.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In part 660, subpart G, Table 2a and Table 2b are revised to read as
follows:
BILLING CODE 3510-22-S
[[Page 48828]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.063
[[Page 48829]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.064
[[Page 48830]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.065
[[Page 48831]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.066
[[Page 48832]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.067
[[Page 48833]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.068
[[Page 48834]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.069
[[Page 48835]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.070
[[Page 48836]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.071
[[Page 48837]]
[GRAPHIC] [TIFF OMITTED] TR22AU06.072
[FR Doc. 06-7072 Filed 8-21-06; 8:45 am]
BILLING CODE 3510-22-C
