Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 68097-68105 [07-5925]
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Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
a moratorium permit for summer
flounder; to carry a NMFS-certified
fisheries observer. A vessel holding a
permit for Atlantic sea scallops is
subject to the additional requirements
specific in paragraph (g) of this section.
Also, any vessel or vessel owner/
operator that fishes for, catches or lands
hagfish, or intends to fish for, catch, or
land hagfish in or from the exclusive
economic zone must carry a NMFScertified fisheries observer when
requested by the Regional Administrator
in accordance with the requirements of
this section.
*
*
*
*
*
[FR Doc. E7–23513 Filed 12–3–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
• Mail: D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070,
Attn: Gretchen Arentzen.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Gretchen Arentzen (Northwest Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736 and e-mail
gretchen.arentzen@noaa.gov.
SUPPLEMENTARY INFORMATION:
[Docket No. 060824226–6322–02]
Electronic Access
RIN 0648–AW27
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures; request for comments.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This final rule announces
inseason changes to management
measures in the commercial Pacific
Coast groundfish fishery. 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)
December 4, 2007. Comments on this
final rule must be received no later than
5 p.m., local time on January 3, 2008.
ADDRESSES: You may submit comments,
identified by RIN 0648–AW27 by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736, Attn: Gretchen
Arentzen
VerDate Aug<31>2005
18:18 Dec 03, 2007
Jkt 214001
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Website at https://
www.gpoaccess.gov/fr/.
Background information and documents
are available at the Pacific Fishery
Management Council’s (Council’s)
website at https://www.pcouncil.org/.
Background
The Pacific Coast Groundfish FMP
and its implementing regulations at title
50 in the Code of Federal Regulations
(CFR), part 660, subpart G, regulate
fishing for over 90 species of groundfish
off the coasts of Washington, Oregon,
and California. Groundfish
specifications and management
measures are developed by the Pacific
Fishery Management Council (Council),
and are implemented by NMFS. A
proposed rule to implement the 2007–
2008 specifications and management
measures for the Pacific Coast
groundfish fishery and Amendment 16–
4 of the FMP was published on
September 29, 2006 (71 FR 57764). The
final rule to implement the 2007–2008
specifications and management
measures for the Pacific Coast
Groundfish Fishery was published on
December 29, 2006 (71 FR 78638). These
specifications and management
measures were codified in the CFR (50
CFR part 660, subpart G). The final rule
was subsequently amended on: March
20, 2007 (72 FR 13043); April 18, 2007
(72 FR 19390); July 5, 2007 (72 FR
36617); August 3, 2007 (72 FR 43193);
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
68097
September 18, 2007 (72 FR 53165); and
October 4, 2007 (72 FR 56664).
Changes to current groundfish
management measures implemented by
this action were recommended by the
Council, in consultation with Pacific
Coast Treaty Indian Tribes and the
States of Washington, Oregon, and
California, at its November 5–9, 2007,
meeting in San Diego, California. At that
meeting, the Council recommended
adjusting current groundfish
management measures to respond to
updated fishery information and other
inseason management needs in order to
allow access to groundfish without
exceeding the 2007 optimum yields
(OYs) for the target species or the 2007
OYs for overfished and depleted stocks.
For the remainder of 2007, the
Council recommended increasing the 2month cumulative limits for sablefish in
the limited entry non-whiting trawl
fishery for large and small footrope
trawl gear north of 40°10.00′ N. lat.,
increasing trip limits for sablefish in the
limited entry non-whiting trawl fishery
south of 40°10.00′ N. lat., and increasing
the open access sablefish daily trip
limits between 40°10.00′ N. lat. and 36°
N. lat.
The Council also recommended
adjusting management measures
beginning January 1, 2008; these
measures will be implemented in a
separate rulemaking.
NMFS has considered the
recommendations for the remainder of
2007, and is implementing them as
described below. Pacific Coast
groundfish landings will be monitored
throughout the remainder of the
biennium, and further adjustments to
trip limits or management measures
may be made as necessary to allow
achievement of, or to avoid exceeding,
optimum yields (OYs).
Commercial Sablefish Fishery
Management Measures
The Council considered adjustments
to 2007 sablefish trip limits in the
limited entry non-whiting trawl fishery
and in the open access daily trip limit
(DTL) fishery. At the Council’s
November 2007 meeting, an advisory
body to the Council, the Groundfish
Management Team (GMT), reviewed the
best available data on estimates of
landed catch and total mortality for the
sablefish in the limited entry trawl and
open access fisheries. These data, which
estimated catch through the end of
October, were compared to catch and
mortality estimates modeled for these
fisheries and were used to update catch
predictions through the end of the year.
Based on the Pacific Fishery
Information Network’s (PacFIN’s) Quota
E:\FR\FM\04DER1.SGM
04DER1
68098
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
Species Monitoring (QSM) data, landed
catch and total mortality data to date for
2007 have been lower than expected for:
sablefish taken with large and small
footrope trawl gear north of 40°10′ N.
lat.; sablefish taken with trawl gear
south of 40°10′ N. lat., and in the open
access sablefish DTL fishery north of 36°
N. lat. The Council considered increases
to sablefish trip limits in these fisheries
and the potential impacts on overall
catch levels and overfished species.
The most recently updated catch
projections for 2007 indicate 89 percent
(2,380 mt out of 2,651 mt) of the trawl
allocation of sablefish north of 36°, and
77 percent (350 mt out of 456 mt) of the
open access allocation of sablefish is
expected to be taken through the end of
the year. This action would not increase
estimated impacts on overfished species
because estimated mortality for
overfished species for 2007 assume that
these sectors will achieve their sablefish
allocations. Therefore, the Council
recommended and NMFS is
implementing: an increase in the
limited entry trawl limits for large and
small footrope trawl gear north of
40°10.00′ N. lat. from 22,000 lb (9,979
kg) per two months to 30,000 lb (13,608
kg) per two months; an increase in the
sablefish trawl trip limits south of
40°10′ N. lat. from 22,000 lb (9,979 kg)
per two months to 30,000 lb (13,608 kb)
per two months; and an increase in the
open access sablefish daily trip limits
between 40°10.00′ N. lat. and 36° N. lat.
from ‘‘300 lb (136 kg) per day, or 1
landing per week of up to 700 lb (318
kg), not to exceed 2,100 lb (953 kg) per
two months’’ to ‘‘300 lb (136 kg) per
day, or 1 landing per week of up to
1,000 lb (454 kg), not to exceed 3,000 lb
(1,360 kg) per two months’’, beginning
December 1 through the remainder of
2007.
Classification
sroberts on PROD1PC70 with RULES
These actions are taken under the
authority of 50 CFR 660.370(c) and are
exempt from review under Executive
Order 12866.
VerDate Aug<31>2005
18:18 Dec 03, 2007
Jkt 214001
These actions are authorized by the
Pacific Coast groundfish FMP and its
implementing regulations, and are based
on the most recent data available. The
aggregate data, upon which these
actions are based, are available for
public inspection at the Office of the
Administrator, Northwest Region,
NMFS, (see ADDRESSES) during business
hours.
For the following reasons, NMFS
finds good cause to waive prior public
notice and comment on the revisions to
groundfish management measures under
5 U.S.C. 553(b)(3)(B) because notice and
comment would be impracticable and
contrary to the public interest. Also for
the same reasons, NMFS finds good
cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C.
553(d)(1) and 5 U.S.C. 553(d)(3).
The data upon which these
recommendations were based was
provided to the Council and the Council
made its recommendations at its
November 5–9, 2007, meeting in San
Diego, California. The Council
recommended that these changes be
implemented on or as close as possible
to December 1, 2007. There was not
sufficient time after that meeting to draft
this document and undergo proposed
and final rulemaking before these
actions need to be in effect. For the
actions to be implemented in this
notice, affording the time necessary for
prior notice and opportunity for public
comment would be impractical and
contrary to the public interest because it
would prevent the Agency from
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
off Washington, Oregon, and California.
Changes to the sablefish cumulative
limits for the rest of 2007 in the nonwhiting commercial fisheries must be
implemented as soon as possible to
relieve a restriction by allowing
fishermen increased opportunities to
harvest available healthy stocks.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Changes to sablefish cumulative limits
for the following fisheries must be
implemented as close as possible to
December 1, 2007: (1) limited entry
trawl fishery north and south of
40°10.00′ N. lat.; and (2) open access
daily trip limit fishery between
40°10.00′ N. lat. and 36° N. lat. It would
be contrary to the public interest to wait
to implement these trip limit changes
until after public notice and comment,
because making these regulatory
changes as soon as possible relieves an
unnecessary regulatory restriction for
fisheries that are important to coastal
communities. For the same reasons,
allowing a 30-day delay in effectiveness
would be contrary to the public interest.
Delaying these changes would keep
management measures in place that are
not based on the best available data,
which could risk fisheries exceeding
OYs, or deny fishermen access to
available harvest. Such delay 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.
List of Subjects in 50 CFR Part 660
Administrative practice and
procedure, Fisheries, Fishing, Reporting
and recordkeeping requirements.
Dated: November 28, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
I
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. Tables 3 (North) and 3 (South) to
part 660, subpart G are revised to read
as follows:
I
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68102
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68103
3. Table 5 (South) to part 660, subpart
G is revised to read as follows:
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68105
[FR Doc. 07–5925 Filed 12–3–07; 8:45 am]
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sroberts on PROD1PC70 with RULES
BILLING CODE 3510–22–C
Agencies
[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68097-68105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5925]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 060824226-6322-02]
RIN 0648-AW27
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule announces inseason changes to management
measures in the commercial Pacific Coast groundfish fishery. 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) December 4, 2007. Comments on
this final rule must be received no later than 5 p.m., local time on
January 3, 2008.
ADDRESSES: You may submit comments, identified by RIN 0648-AW27 by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: 206-526-6736, Attn: Gretchen Arentzen
Mail: D. Robert Lohn, Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Gretchen
Arentzen.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region,
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail
gretchen.arentzen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the Internet at the Office of the
Federal Register's Website at https://www.gpoaccess.gov/fr/.
Background information and documents are available at the Pacific
Fishery Management Council's (Council's) website at https://
www.pcouncil.org/.
Background
The Pacific Coast Groundfish FMP and its implementing regulations
at title 50 in the Code of Federal Regulations (CFR), part 660, subpart
G, regulate fishing for over 90 species of groundfish off the coasts of
Washington, Oregon, and California. Groundfish specifications and
management measures are developed by the Pacific Fishery Management
Council (Council), and are implemented by NMFS. A proposed rule to
implement the 2007-2008 specifications and management measures for the
Pacific Coast groundfish fishery and Amendment 16-4 of the FMP was
published on September 29, 2006 (71 FR 57764). The final rule to
implement the 2007-2008 specifications and management measures for the
Pacific Coast Groundfish Fishery was published on December 29, 2006 (71
FR 78638). These specifications and management measures were codified
in the CFR (50 CFR part 660, subpart G). The final rule was
subsequently amended on: March 20, 2007 (72 FR 13043); April 18, 2007
(72 FR 19390); July 5, 2007 (72 FR 36617); August 3, 2007 (72 FR
43193); September 18, 2007 (72 FR 53165); and October 4, 2007 (72 FR
56664).
Changes to current groundfish management measures implemented by
this action were recommended by the Council, in consultation with
Pacific Coast Treaty Indian Tribes and the States of Washington,
Oregon, and California, at its November 5-9, 2007, meeting in San
Diego, California. At that meeting, the Council recommended adjusting
current groundfish management measures to respond to updated fishery
information and other inseason management needs in order to allow
access to groundfish without exceeding the 2007 optimum yields (OYs)
for the target species or the 2007 OYs for overfished and depleted
stocks.
For the remainder of 2007, the Council recommended increasing the
2-month cumulative limits for sablefish in the limited entry non-
whiting trawl fishery for large and small footrope trawl gear north of
40[deg]10.00' N. lat., increasing trip limits for sablefish in the
limited entry non-whiting trawl fishery south of 40[deg]10.00' N. lat.,
and increasing the open access sablefish daily trip limits between
40[deg]10.00' N. lat. and 36[deg] N. lat.
The Council also recommended adjusting management measures
beginning January 1, 2008; these measures will be implemented in a
separate rulemaking.
NMFS has considered the recommendations for the remainder of 2007,
and is implementing them as described below. Pacific Coast groundfish
landings will be monitored throughout the remainder of the biennium,
and further adjustments to trip limits or management measures may be
made as necessary to allow achievement of, or to avoid exceeding,
optimum yields (OYs).
Commercial Sablefish Fishery Management Measures
The Council considered adjustments to 2007 sablefish trip limits in
the limited entry non-whiting trawl fishery and in the open access
daily trip limit (DTL) fishery. At the Council's November 2007 meeting,
an advisory body to the Council, the Groundfish Management Team (GMT),
reviewed the best available data on estimates of landed catch and total
mortality for the sablefish in the limited entry trawl and open access
fisheries. These data, which estimated catch through the end of
October, were compared to catch and mortality estimates modeled for
these fisheries and were used to update catch predictions through the
end of the year. Based on the Pacific Fishery Information Network's
(PacFIN's) Quota
[[Page 68098]]
Species Monitoring (QSM) data, landed catch and total mortality data to
date for 2007 have been lower than expected for: sablefish taken with
large and small footrope trawl gear north of 40[deg]10' N. lat.;
sablefish taken with trawl gear south of 40[deg]10' N. lat., and in the
open access sablefish DTL fishery north of 36[deg] N. lat. The Council
considered increases to sablefish trip limits in these fisheries and
the potential impacts on overall catch levels and overfished species.
The most recently updated catch projections for 2007 indicate 89
percent (2,380 mt out of 2,651 mt) of the trawl allocation of sablefish
north of 36[deg], and 77 percent (350 mt out of 456 mt) of the open
access allocation of sablefish is expected to be taken through the end
of the year. This action would not increase estimated impacts on
overfished species because estimated mortality for overfished species
for 2007 assume that these sectors will achieve their sablefish
allocations. Therefore, the Council recommended and NMFS is
implementing: an increase in the limited entry trawl limits for large
and small footrope trawl gear north of 40[deg]10.00' N. lat. from
22,000 lb (9,979 kg) per two months to 30,000 lb (13,608 kg) per two
months; an increase in the sablefish trawl trip limits south of
40[deg]10' N. lat. from 22,000 lb (9,979 kg) per two months to 30,000
lb (13,608 kb) per two months; and an increase in the open access
sablefish daily trip limits between 40[deg]10.00' N. lat. and 36[deg]
N. lat. from ``300 lb (136 kg) per day, or 1 landing per week of up to
700 lb (318 kg), not to exceed 2,100 lb (953 kg) per two months'' to
``300 lb (136 kg) per day, or 1 landing per week of up to 1,000 lb (454
kg), not to exceed 3,000 lb (1,360 kg) per two months'', beginning
December 1 through the remainder of 2007.
Classification
These actions are taken under the authority of 50 CFR 660.370(c)
and are exempt from review under Executive Order 12866.
These actions are authorized by the Pacific Coast groundfish FMP
and its implementing regulations, and are based on the most recent data
available. The aggregate data, upon which these actions are based, are
available for public inspection at the Office of the Administrator,
Northwest Region, NMFS, (see ADDRESSES) during business hours.
For the following reasons, NMFS finds good cause to waive prior
public notice and comment on the revisions to groundfish management
measures under 5 U.S.C. 553(b)(3)(B) because notice and comment would
be impracticable and contrary to the public interest. Also for the same
reasons, NMFS finds good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) and 5 U.S.C. 553(d)(3).
The data upon which these recommendations were based was provided
to the Council and the Council made its recommendations at its November
5-9, 2007, meeting in San Diego, California. The Council recommended
that these changes be implemented on or as close as possible to
December 1, 2007. There was not sufficient time after that meeting to
draft this document and undergo proposed and final rulemaking before
these actions need to be in effect. For the actions to be implemented
in this notice, affording the time necessary for prior notice and
opportunity for public comment would be impractical and contrary to the
public interest because it would prevent the Agency from 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 off Washington, Oregon, and California.
Changes to the sablefish cumulative limits for the rest of 2007 in
the non-whiting commercial fisheries must be implemented as soon as
possible to relieve a restriction by allowing fishermen increased
opportunities to harvest available healthy stocks. Changes to sablefish
cumulative limits for the following fisheries must be implemented as
close as possible to December 1, 2007: (1) limited entry trawl fishery
north and south of 40[deg]10.00' N. lat.; and (2) open access daily
trip limit fishery between 40[deg]10.00' N. lat. and 36[deg] N. lat. It
would be contrary to the public interest to wait to implement these
trip limit changes until after public notice and comment, because
making these regulatory changes as soon as possible relieves an
unnecessary regulatory restriction for fisheries that are important to
coastal communities. For the same reasons, allowing a 30-day delay in
effectiveness would be contrary to the public interest.
Delaying these changes would keep management measures in place that
are not based on the best available data, which could risk fisheries
exceeding OYs, or deny fishermen access to available harvest. Such
delay 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.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, Fisheries, Fishing,
Reporting and recordkeeping requirements.
Dated: November 28, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Tables 3 (North) and 3 (South) to part 660, subpart G are revised to
read as follows:
[[Page 68099]]
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[[Page 68101]]
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[[Page 68102]]
[GRAPHIC] [TIFF OMITTED] TR04DE07.048
[[Page 68103]]
[GRAPHIC] [TIFF OMITTED] TR04DE07.049
0
3. Table 5 (South) to part 660, subpart G is revised to read as
follows:
[[Page 68104]]
[GRAPHIC] [TIFF OMITTED] TR04DE07.050
[[Page 68105]]
[GRAPHIC] [TIFF OMITTED] TR04DE07.051
[FR Doc. 07-5925 Filed 12-3-07; 8:45 am]
BILLING CODE 3510-22-C