Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 72740-72746 [E8-28457]
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72740
Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations
review under Executive Order 12866.
Actual notice of the reapportionments
was provided to the affected fishers.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–28468 Filed 11–28–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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 (enter ‘‘N/A’’ in the required
fields, if you wish to remain
anonymous). 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.
50 CFR Part 660
[Docket No. 060824226–6322–02]
RIN 0648–AX43
SUPPLEMENTARY INFORMATION:
Magnuson–Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
Electronic Access
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.
AGENCY:
SUMMARY: This final rule announces
inseason changes to management
measures in the commercial Pacific
Coast groundfish fisheries. 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.
Effective 0001 hours (local time)
December 1, 2008. Comments on this
final rule must be received no later than
5 p.m., local time on December 26,
2008.
DATES:
You may submit comments,
identified by RIN 0648–AX43 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
erowe on PROD1PC63 with RULES
ADDRESSES:
VerDate Aug<31>2005
14:32 Nov 28, 2008
Jkt 217001
This final rule is accessible via the
Internet at https://www.gpoaccess.gov/fr/
index.html. Background information
and documents are available at the
Pacific Fishery Management 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 are codified in the CFR (50
CFR part 660, subpart G). The final rule
was subsequently amended on: March
20, 2007 (71 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);
October 4, 2007 (72 FR 56664);
December 4, 2007 (72 FR 68097);
December 18, 2007 (72 FR 71583); April
18, 2008 (73 FR 21057), May 9, 2008 (73
FR 26325), July 24, 2008 (73 FR 43139),
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
October 7, 2008 (73 FR 58499), and
October 14, 2008 (73 FR 60642).
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 2–7, 2008,
meeting in San Diego, California. The
Council recommended adjustments to
current groundfish management
measures to respond to updated fishery
information and other inseason
management needs. This action is not
expected to result in greater impacts to
overfished species than originally
projected at the beginning of 2008.
Estimated mortality of overfished and
target species are the result of
management measures designed to meet
the Pacific Coast Groundfish FMP
objective of achieving, to the extent
possible, but not exceeding, OYs of
target species, while fostering the
rebuilding of overfished stocks by
remaining within their rebuilding OYs.
Limited Entry Non–Whiting Trawl
Fishery Management Measures
At their November 2008 meeting, the
Council received new data and analyses
on the catch of groundfish in the limited
entry trawl fishery. The Council’s
recommendations for revising 2008
trawl fishery management measures
provide additional harvest opportunities
in some areas for target species with
catches tracking behind projections.
Catches of petrale sole in the limited
entry trawl fishery were tracking ahead
of projections in spring 2008, when
approximately 40 percent of the 2008
petrale sole OY was taken during the
months of January and February. In
response to projections that the 2008
petrale sole OY could be exceeded if the
higher than projected catches continued
throughout the year, the Council
recommended, and NMFS
implemented, precautionary reductions
in petrale sole cumulative limits at their
June 6–13, 2008, meeting. These
reductions included a reduction in the
cumulative limits for vessels using large
and small footrope trawl gear from
‘‘40,000 lb (18,144 kg) per two months’’
to ‘‘30,000 lb (13,608 kg) per two
months’’ in period 6 (November–
December), and were intended to keep
catches of petrale sole within the 2008
OY. At their September 10–14, 2008,
meeting, the Council considered the
most recent available fishery
information and catch projections
through the end of the year, which
indicated that catches of petrale sole
had slowed considerably from the high
catches observed in January and
E:\FR\FM\01DER1.SGM
01DER1
Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations
erowe on PROD1PC63 with RULES
February 2008. Therefore the Council
recommended and NMFS liberalized
some of the petrale sole cumulative
limits that had been lowered as a
precautionary measure earlier in the
year (73 FR 60642, October 14, 2008).
At their November 2–7, 2008,
meeting, the Council considered data
that indicated that catches of petrale
sole were tracking behind 2008
projections made at the Council’s
September 2008 meeting, and that
catches of petrale sole are now projected
to come in below the 2008 OY if no
adjustments to RCAs or cumulative
limits are made during period 6
(November–December). The Council
considered the most recently available
data from the Pacific Fishery
Information Network (PacFIN) at their
November 2–7, 2008 meeting. These
data, including catches through October
25, 2008, indicated that: 1,716 mt of the
2,499 mt petrale sole OY had been
taken. Increases in petrale sole
cumulative trip limits were analyzed for
vessels using large and small footrope
trawl gear North of 40°10.00′ N. lat. and
for all trawl gear types South of
40°10.00′ N. lat. Increases for target
species opportunities for vessels using
selective flatfish trawl gear North of
40°10.00′ N. lat. were considered, but
not recommended by the Council due to
the need to keep canary rockfish
impacts within the 2008 canary rockfish
OY.
Many cumulative trip limits are
established for two-month periods. A
two-month limit can be raised in the
middle of the period, therefore, this
increase would become effective during
the two-month cumulative limit, on
December 1.
Based on these analyses above, the
Council recommended and NMFS is
implementing an increase in the limited
entry trawl fishery cumulative limits, in
Period 6, effective December 1: for
petrale sole taken with large and small
footrope gears North of 40°10.00′ N. lat.
from ‘‘45,000 lb (20,412 kg) per two
months’’ to ‘‘60,000 lb (27,216 kg) per
two months’’; and for petrale sole South
of 40°10.00′ N. lat. from ‘‘65,000 lb
(29,484 kg) per two months’’ to ‘‘75,000
lb (34,019 kg) per two months’’.
VerDate Aug<31>2005
14:32 Nov 28, 2008
Jkt 217001
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 taken under the
authority of the Magnuson–Stevens
Fishery Conservation and Management
Act (Magnuson–Stevens Act), and are in
accordance with 50 CFR part 660, the
regulations implementing the FMP.
These actions 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
the 2008 groundfish management
measures under 5 U.S.C. 553(b)(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 part of
the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(3), so that
this final rule may become effective
December 1, 2008.
The recently available data upon
which these recommendations were
based was provided to the Council, and
the Council made its recommendations,
at its November 2–7, 2008, meeting in
San Diego, California. The Council
recommended that these changes be
implemented on or as close as possible
to December 1, 2008. 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 final
rule, affording the time necessary for
prior notice and opportunity for public
comment would prevent the Agency
from managing fisheries using the best
available science by approaching
without exceeding the OYs for federally
managed species. The adjustments to
management measures in this document
affect: the limited entry commercial
trawl fishery off Washington, Oregon,
and California. These adjustments to
management measures must be
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
72741
implemented in a timely manner, by
December 1, 2008, to: allow fishermen
an opportunity to harvest higher trip
limits for stocks with catch tracking
behind their projected 2008 catch levels.
Changes to the petrale sole
cumulative limits in the limited entry
trawl fishery are needed to relieve a
restriction by allowing fishermen
increased opportunities to harvest
available healthy stocks and to
approach, but not exceed, the 2008 OY
for petrale sole. They must be
implemented in a timely manner by
December 1, 2008, so that fishermen are
allowed to harvest healthy stocks when
they are available in December and meet
the objective of the Pacific Coast
Groundfish FMP to allow fisheries to
approach, but not exceed, OYs. It would
be contrary to the public interest to wait
to implement these changes until after
public notice and comment, because
allowing this additional harvest is
important to coastal communities.
Delaying these changes would keep
management measures in place that are
not based on the best available data
which could 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
Fisheries, Fishing, Indian fisheries.
Dated: November 25, 2008.
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:
■
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
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:
■
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14:32 Nov 28, 2008
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Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations
72746
Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations
[FR Doc. E8–28457 Filed 11–25–08; 4:15 pm]
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BILLING CODE 3510–22–S
Agencies
[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72740-72746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28457]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 060824226-6322-02]
RIN 0648-AX43
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 fisheries. 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 1, 2008. Comments on
this final rule must be received no later than 5 p.m., local time on
December 26, 2008.
ADDRESSES: You may submit comments, identified by RIN 0648-AX43 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 (enter ``N/A'' in the required
fields, if you wish to remain anonymous). 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 https://www.gpoaccess.gov/fr/. Background information and documents
are available at the Pacific Fishery Management 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 are codified in
the CFR (50 CFR part 660, subpart G). The final rule was subsequently
amended on: March 20, 2007 (71 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); October 4, 2007 (72 FR 56664); December 4, 2007 (72
FR 68097); December 18, 2007 (72 FR 71583); April 18, 2008 (73 FR
21057), May 9, 2008 (73 FR 26325), July 24, 2008 (73 FR 43139), October
7, 2008 (73 FR 58499), and October 14, 2008 (73 FR 60642).
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 2-7, 2008, meeting in San
Diego, California. The Council recommended adjustments to current
groundfish management measures to respond to updated fishery
information and other inseason management needs. This action is not
expected to result in greater impacts to overfished species than
originally projected at the beginning of 2008. Estimated mortality of
overfished and target species are the result of management measures
designed to meet the Pacific Coast Groundfish FMP objective of
achieving, to the extent possible, but not exceeding, OYs of target
species, while fostering the rebuilding of overfished stocks by
remaining within their rebuilding OYs.
Limited Entry Non-Whiting Trawl Fishery Management Measures
At their November 2008 meeting, the Council received new data and
analyses on the catch of groundfish in the limited entry trawl fishery.
The Council's recommendations for revising 2008 trawl fishery
management measures provide additional harvest opportunities in some
areas for target species with catches tracking behind projections.
Catches of petrale sole in the limited entry trawl fishery were
tracking ahead of projections in spring 2008, when approximately 40
percent of the 2008 petrale sole OY was taken during the months of
January and February. In response to projections that the 2008 petrale
sole OY could be exceeded if the higher than projected catches
continued throughout the year, the Council recommended, and NMFS
implemented, precautionary reductions in petrale sole cumulative limits
at their June 6-13, 2008, meeting. These reductions included a
reduction in the cumulative limits for vessels using large and small
footrope trawl gear from ``40,000 lb (18,144 kg) per two months'' to
``30,000 lb (13,608 kg) per two months'' in period 6 (November-
December), and were intended to keep catches of petrale sole within the
2008 OY. At their September 10-14, 2008, meeting, the Council
considered the most recent available fishery information and catch
projections through the end of the year, which indicated that catches
of petrale sole had slowed considerably from the high catches observed
in January and
[[Page 72741]]
February 2008. Therefore the Council recommended and NMFS liberalized
some of the petrale sole cumulative limits that had been lowered as a
precautionary measure earlier in the year (73 FR 60642, October 14,
2008).
At their November 2-7, 2008, meeting, the Council considered data
that indicated that catches of petrale sole were tracking behind 2008
projections made at the Council's September 2008 meeting, and that
catches of petrale sole are now projected to come in below the 2008 OY
if no adjustments to RCAs or cumulative limits are made during period 6
(November-December). The Council considered the most recently available
data from the Pacific Fishery Information Network (PacFIN) at their
November 2-7, 2008 meeting. These data, including catches through
October 25, 2008, indicated that: 1,716 mt of the 2,499 mt petrale sole
OY had been taken. Increases in petrale sole cumulative trip limits
were analyzed for vessels using large and small footrope trawl gear
North of 40[deg]10.00' N. lat. and for all trawl gear types South of
40[deg]10.00' N. lat. Increases for target species opportunities for
vessels using selective flatfish trawl gear North of 40[deg]10.00' N.
lat. were considered, but not recommended by the Council due to the
need to keep canary rockfish impacts within the 2008 canary rockfish
OY.
Many cumulative trip limits are established for two-month periods.
A two-month limit can be raised in the middle of the period, therefore,
this increase would become effective during the two-month cumulative
limit, on December 1.
Based on these analyses above, the Council recommended and NMFS is
implementing an increase in the limited entry trawl fishery cumulative
limits, in Period 6, effective December 1: for petrale sole taken with
large and small footrope gears North of 40[deg]10.00' N. lat. from
``45,000 lb (20,412 kg) per two months'' to ``60,000 lb (27,216 kg) per
two months''; and for petrale sole South of 40[deg]10.00' N. lat. from
``65,000 lb (29,484 kg) per two months'' to ``75,000 lb (34,019 kg) per
two months''.
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 taken under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), and are
in accordance with 50 CFR part 660, the regulations implementing the
FMP. These actions 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 the 2008 groundfish
management measures under 5 U.S.C. 553(b)(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 part of the 30-day
delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this
final rule may become effective December 1, 2008.
The recently available data upon which these recommendations were
based was provided to the Council, and the Council made its
recommendations, at its November 2-7, 2008, meeting in San Diego,
California. The Council recommended that these changes be implemented
on or as close as possible to December 1, 2008. 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 final rule, affording
the time necessary for prior notice and opportunity for public comment
would prevent the Agency from managing fisheries using the best
available science by approaching without exceeding the OYs for
federally managed species. The adjustments to management measures in
this document affect: the limited entry commercial trawl fishery off
Washington, Oregon, and California. These adjustments to management
measures must be implemented in a timely manner, by December 1, 2008,
to: allow fishermen an opportunity to harvest higher trip limits for
stocks with catch tracking behind their projected 2008 catch levels.
Changes to the petrale sole cumulative limits in the limited entry
trawl fishery are needed to relieve a restriction by allowing fishermen
increased opportunities to harvest available healthy stocks and to
approach, but not exceed, the 2008 OY for petrale sole. They must be
implemented in a timely manner by December 1, 2008, so that fishermen
are allowed to harvest healthy stocks when they are available in
December and meet the objective of the Pacific Coast Groundfish FMP to
allow fisheries to approach, but not exceed, OYs. It would be contrary
to the public interest to wait to implement these changes until after
public notice and comment, because allowing this additional harvest is
important to coastal communities.
Delaying these changes would keep management measures in place that
are not based on the best available data which could 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
Fisheries, Fishing, Indian fisheries.
Dated: November 25, 2008.
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 72742]]
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[FR Doc. E8-28457 Filed 11-25-08; 4:15 pm]
BILLING CODE 3510-22-S