Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 19011-19020 [E9-9564]
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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations
Order on Reconsideration and AWS
Sixth Memorandum Opinion and Order
and BRS/EBS Fourth Memorandum
Opinion and Order and Declaratory
Ruling, FCC 08–83, 73 FR 26032, May
8, 2008 (‘‘BRS/EBS 4th MO&O’’), in
which it adopted the following small
business definitions for BRS in the
2496–2690 MHz band: (1) Small
business—An entity with average gross
revenues for the preceding three years
not exceeding $40 million; (2) Very
small business—An entity with average
annual gross revenues for the preceding
three years not exceeding $15 million;
and (3) Entrepreneur—An entity with
average gross revenues not exceeding $3
million for the preceding three years.
Under these definitions, the
Commission would provide small
businesses with a bidding credit of 15
percent, very small businesses with a
bidding credit of 25 percent, and
entrepreneurs with a bidding credit of
35 percent.
3. On May 6, 2008, prior to
publication of a summary of the BRS/
EBS 4th MO&O in the Federal Register,
the Commission requested the SBA’s
approval of the final rule adopting small
business size standards for the BRS.
4. By letter dated January 22, 2009,
the SBA approved the Commission’s
final rule adopting small business size
standards for BRS subject to
republication of the size standards in
the Federal Register.
5. This notice satisfies the SBA’s
condition of approval as stated in the
SBA’s January 22, 2009 letter.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access
Division, WTB.
[FR Doc. E9–9463 Filed 4–24–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0809121213–9221–02]
dwashington3 on PROD1PC60 with RULES
RIN 0648–AX84
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
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Jkt 217001
ACTION: Final rule; inseason
adjustments to biennial groundfish
management measures; request for
comments.
Background information and documents
are available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
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. The rule also implements
changes to the incidental retention
allowance for halibut in the primary
sablefish fishery under the authority of
the Northern Pacific Halibut Act.
DATES: Effective 0001 hours (local time)
May 1, 2009. Comments on this final
rule must be received no later than 5
p.m., local time on May 27, 2009.
ADDRESSES: You may submit comments,
identified by RIN 0648–AX84 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: Barry Thom, Acting
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.
Background
SUPPLEMENTARY INFORMATION:
Electronic Access
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
19011
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Website at https://
www.gpoaccess.gov/fr/.
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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 2009–
2010 groundfish harvest specifications
and management measures published
on December 31, 2008, (73 FR 80516).
The final rule to implement the 2009–
2010 specifications and management
measures for the Pacific Coast
Groundfish Fishery was published on
March 6, 2009 (74 FR 9874). These
specifications and management
measures are codified in the CFR (50
CFR part 660, subpart G).
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 April 4–9, 2009,
meeting in Millbrae, 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 through the end of 2009.
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 Fixed Gear Fishery
Management Measures
Sablefish Daily Trip Limit Fishery
Over the past several years, the
amount of sablefish harvested in the
limited entry fixed gear sablefish daily
trip limit (DTL) fishery North of 36° N.
lat. has been lower than their sablefish
allocation. In 2006, 106 mt of the 356 mt
allocation was harvested. In 2007 and
2008, 116 mt and 150 mt, respectively,
of the 2007 and 2008 allocations of 276
mt were taken. Over the 2006 to 2008
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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations
dwashington3 on PROD1PC60 with RULES
time period, a maximum of 54 percent
of the limited entry fixed gear sablefish
allocation for the area North of 36° N.
lat. was taken. To provide additional
harvest opportunities for this healthy
stock, the Council considered increases
to trip limits for sablefish in this fishery
and the potential impacts on overall
catch levels and overfished species. Trip
limits in this fishery have been fairly
stable over time; therefore some
uncertainty surrounds how changes in
trip limits will affect effort and
landings. In response to this
uncertainty, the Council considered a
precautionary adjustment that would
moderately raise the daily, weekly and
bi-monthly trip limits. Also, the Council
considered that the overall number of
participants is restricted to vessels
registered to a limited entry permit with
the necessary gear and species
endorsements. The effects of a small
increase in trip limits in this fishery can
be monitored, and any additional
adjustments can be made to approach,
but not exceed, the sablefish allocation
for the limited entry fixed gear sablefish
DTL fishery. This increase in trip limits
is not anticipated to increase projected
impacts to overfished species, because
projected impacts to overfished species
are calculated assuming that the entire
sablefish allocation is harvested.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the limited entry fixed gear
fishery North of 36° N. lat. that increase
sablefish DTL fishery limits from ‘‘300
lb (136 kg) per day, or 1 landing per
week of up to 1,000 lb (454 kg), not to
exceed 5,000 lb (2,268 kg) per 2
months’’ to ‘‘500 lb (227 kg) per day, or
1 landing per week of up to 1,500 lb
(680 kg), not to exceed 5,500 lb (2,495
kg) per 2 months’’ beginning in period
3, on May 1.
Incidental Halibut Retention
The International Pacific Halibut
Commission (IPHC) establishes total
allowable catch (TAC) amounts for
Pacific halibut each year in January.
Under the authority of the Northern
Pacific Halibut Act, and implementing
regulations at 50 CFR 300.63, a catch
sharing plan, developed by the Pacific
Council and implemented by the
Secretary, allocates portions of the
annual TAC among fisheries off
Washington, Oregon, and California.
The catch sharing plan for Pacific
halibut fisheries in Area 2A (waters off
the U.S. West coast) allows an
incidental total catch limit for halibut
for the 2009 limited entry fixed gear
sablefish primary season (i.e. tier limit
fishery) of 11,895 lb (5.4 mt). This total
catch limit of 11,895 lb in 2009 is much
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lower than what has been available to
the sablefish primary season fishery in
recent years, which has been a total
catch limit of 70,000 lb. The allocation
is lower in 2009 due to an
approximately 22 percent decrease in
the Pacific halibut TAC when compared
to the 2008 TAC. The current halibut
catch ratio of 100 lb (45 kg) halibut per
1,000 lb (454 kg) of sablefish was
implemented on May 4, 2005 (70 FR
23040) and has remained relatively
unchanged since that time, because the
incidental halibut catch limit has
remained fairly constant since that time.
The retention limits for halibut were not
revised as part of the 2009–2010 harvest
specifications and management
measures because the Total Allowable
Catch of halibut for 2009 was not
determined until the IPHC meeting in
January, 2009. Due to the decrease in
the Pacific halibut TAC, and the
resulting decrease in the amount of
Pacific halibut available to the primary
sablefish fishery as incidental take, the
Council considered options to revise the
catch ratio established in the groundfish
regulations at 50 CFR 660.372 at their
first opportunity, the March 2009
meeting. These options were developed
to reduce incidental impacts to Pacific
halibut in the sablefish fishery, and stay
below the lower 2009 Pacific halibut
allocation. After the opportunity for
public review and comment, the
Council, at their April meeting, made
their final recommendation for adjusting
the incidental retention limits for
Pacific halibut in the sablefish primary
season fishery in order to reduce
incidental take and keep mortality of
halibut below the lower 2009 catch limit
of 11,895 lb.
In order to reduce incidental halibut
catch in this fishery, the Council
recommended modifying the incidental
halibut retention regulations at 50 CFR
660.372 (b)(3)(iv) from ‘‘100 lb (45 kg)
dressed weight, head-on of halibut per
1,000 lb (454 kg) dressed weight of
sablefish, plus up to two additional
halibut per fishing trip in excess of this
ratio’’ to ‘‘100 lb (45 kg) dressed weight,
head-on of halibut per fishing trip.’’
In addition, at the recommendation of
their enforcement consultants, and in
order to improve the enforceability of
the regulations, the Council
recommended modifying the regulation
to cover both possession and landing of
halibut, not just the landing of halibut.
Open Access Fishery Management
Measures
During the development of the 2009–
2010 harvest specifications and
management measures, the sablefish OY
increased from 2008 to 2009, and
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consequently the allocation to the open
access sablefish fishery North of 36° N.
lat. also increased. No increases were
made to trip limits in this fishery during
the 2009–2010 harvest specifications
and management measures as a
precautionary approach due to
uncertainty in how the poor 2008
salmon season would affect effort and
catches of sablefish in this fishery
through the end of 2008. The most
recent catch information from 2008
fisheries indicates that 488 mt of the
2008 sablefish allocation North of 36° N.
lat., 492 mt, was harvested. The
cumulative limits in this fishery that are
currently in place are the same as those
that resulted in this 488 mt of harvest
in 2008. However, the 2009 allocation
was raised to 538 mt during the 2009–
2010 harvest specifications and
management measures process. As a
result of the 2009 salmon regulations
recommended by the Council at their
April meeting, the 2009 salmon fishery
is likely to be similar in scope and
magnitude to the 2008 fishery, which
should result in a similar amount of
effort shift into the sablefish fishery;
therefore, continuing the trip limits that
were in place in 2008 could potentially
leave 50 mt of the increased sablefish
allocation unharvested in 2009. To
provide additional harvest opportunities
for this healthy stock, the Council
considered increases to trip limits for
sablefish in this fishery and the
potential impacts on overall sablefish
and overfished species catch levels.
Therefore the Council considered
modest increases to the bi-monthly
limits for sablefish in the open access
fishery in order to approach, but not
exceed, the 2009 sablefish OY. Effort
shifts as a result of changes to the bimonthly limits are generally smaller in
magnitude than effort shifts observed in
response to changes in daily or weekly
trip limits in the open access fishery.
This modest increase in trip limits is not
anticipated to increase projected
impacts to overfished species, because
projected impacts to overfished species
is calculated assuming that the entire
sablefish allocation is harvested.
Therefore, the Council recommended
and NMFS is implementing a monthly
cumulative limit increase for the open
access fishery North of 36 N. lat. that
changes sablefish limits from ‘‘300 lb
(136 kg) per day, or 1 landing per week
of up to 800 lb (363 kg), not to exceed
2,200 lb (998 kg) per 2 months’’ to ‘‘300
lb (136 kg) per day, or 1 landing per
week of up to 800 lb (363 kg), not to
exceed 2,400 lb (1,089 kg) per 2
months’’ beginning in period 3, on May
1.
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Classification
These actions are taken under the
authority of 50 CFR 660.370(c) and 50
CFR 300.63(b)(3) and are exempt from
review under Executive Order 12866.
These increases in sablefish limits 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. The
adjustment to the halibut incidental
catch limit is taken under the authority
of the Northern Pacific Halibut Act and
implementing regulations, and is
consistent with the approved catch
sharing plan. 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
groundfish management measures under
5 U.S.C. 553(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)(3), so that this final rule may
become effective May 1, 2009.
The recently available data upon
which these recommendations were
based was provided to the Council, and
the Council made its recommendations,
at its April 4–9, 2009, meeting in
Millbrae, California. The Council
recommended that these changes be
implemented on or as close as possible
to May 1, 2009. 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 to approach without
exceeding the OYs for federally
managed species in accordance with the
FMP and applicable laws. The
adjustments to management measures in
this document affect commercial
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fisheries off Washington, Oregon, and
California. These adjustments to
management measures must be
implemented in a timely manner, by
May 1, 2009, to: allow fishermen an
opportunity to harvest higher limits in
2009 for sablefish, and reduce
incidental catch of halibut to keep
impacts below the 2009 halibut Area 2A
allocation.
Increases to the sablefish cumulative
limits in the limited entry fixed gear
fishery and the open access fishery
relieve a restriction by allowing
fishermen increased opportunities to
harvest available healthy stocks while
staying within the OYs for these species.
These changes must be implemented in
a timely manner by May 1, 2009, so that
fishermen are allowed increased
opportunities to harvest available
healthy stocks 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 making this
regulatory change by May 1 allows
additional harvest in fisheries that are
important to coastal communities.
Changes to the incidental halibut
retention regulations to decrease the
retention limit for the limited entry
sablefish primary fishery are necessary
to reduce halibut impacts in area 2A,
keeping total mortality of halibut below
the 2009 area 2A allocation. These
changes must be implemented in a
timely manner by May 1, 2009, to
prevent impacts to halibut to exceed the
2009 allocation, and to prevent early
closure of the incidental halibut fishery.
It would be contrary to the public
interest to wait to implement these
changes until after public notice and
comment, because a delay in reducing
retention limits could cause halibut to
be unavailable for harvest for as long as
possible throughout the primary
sablefish season, which runs through
October 31.
Allowing the current management
measures to remain in place could
jeopardize managers’ ability to provide
for year-round harvest opportunities for
healthy stocks. 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.
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19013
Such delay would impair achievement
of the Pacific Coast Groundfish FMP
objectives of providing for year-round
harvest opportunities, extending fishing
opportunities as long as practicable
during the fishing year, or staying
within OYs or allocations for Pacific
halibut.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Kristen C. Koch,
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
is amended to read as follows:
■
Authority: 16 U.S.C. 1801 et seq. and 16
U.S.C. 773 et seq.
2. In § 660.372, paragraph (b)(3)(iv) is
revised to read as follows:
■
§ 660.372 Fixed gear sablefish fishery
management.
*
*
*
*
*
(b) * * *
(3) * * *
(iv) Incidental halibut retention north
of Pt. Chehalis, WA (46° 53.30’ N. lat.).
From May 1 through October 31, vessels
authorized to participate in the primary
sablefish fishery, licensed by the
International Pacific Halibut
Commission for commercial fishing in
Area 2A (waters off Washington,
Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA
(46° 53.30’ N. lat.) may possess and land
up to the following cumulative limits:
100 lb (45 kg) dressed weight, head-on
of halibut per fishing trip. ‘‘Dressed’’
halibut in this area means halibut
landed eviscerated with their heads on.
Halibut taken and retained in the
primary sablefish fishery north of Pt.
Chehalis may only be landed north of
Pt. Chehalis and may not be possessed
or landed south of Pt. Chehalis.
*
*
*
*
*
■ 3. Tables 4 (North), 4 (South), 5
(North), and 5 (South) to part 660,
subpart G are revised to read as follows:
BILLING CODE 3510–22–S
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19020
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[FR Doc. E9–9564 Filed 4–24–09; 8:45 am]
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BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 19011-19020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0809121213-9221-02]
RIN 0648-AX84
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. The rule also implements changes to the incidental retention
allowance for halibut in the primary sablefish fishery under the
authority of the Northern Pacific Halibut Act.
DATES: Effective 0001 hours (local time) May 1, 2009. Comments on this
final rule must be received no later than 5 p.m., local time on May 27,
2009.
ADDRESSES: You may submit comments, identified by RIN 0648-AX84 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: Barry Thom, Acting 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 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 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 2009-2010 groundfish harvest specifications and
management measures published on December 31, 2008, (73 FR 80516). The
final rule to implement the 2009-2010 specifications and management
measures for the Pacific Coast Groundfish Fishery was published on
March 6, 2009 (74 FR 9874). These specifications and management
measures are codified in the CFR (50 CFR part 660, subpart G).
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 April 4-9, 2009, meeting in Millbrae,
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 through
the end of 2009. 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 Fixed Gear Fishery Management Measures
Sablefish Daily Trip Limit Fishery
Over the past several years, the amount of sablefish harvested in
the limited entry fixed gear sablefish daily trip limit (DTL) fishery
North of 36[deg] N. lat. has been lower than their sablefish
allocation. In 2006, 106 mt of the 356 mt allocation was harvested. In
2007 and 2008, 116 mt and 150 mt, respectively, of the 2007 and 2008
allocations of 276 mt were taken. Over the 2006 to 2008
[[Page 19012]]
time period, a maximum of 54 percent of the limited entry fixed gear
sablefish allocation for the area North of 36[deg] N. lat. was taken.
To provide additional harvest opportunities for this healthy stock, the
Council considered increases to trip limits for sablefish in this
fishery and the potential impacts on overall catch levels and
overfished species. Trip limits in this fishery have been fairly stable
over time; therefore some uncertainty surrounds how changes in trip
limits will affect effort and landings. In response to this
uncertainty, the Council considered a precautionary adjustment that
would moderately raise the daily, weekly and bi-monthly trip limits.
Also, the Council considered that the overall number of participants is
restricted to vessels registered to a limited entry permit with the
necessary gear and species endorsements. The effects of a small
increase in trip limits in this fishery can be monitored, and any
additional adjustments can be made to approach, but not exceed, the
sablefish allocation for the limited entry fixed gear sablefish DTL
fishery. This increase in trip limits is not anticipated to increase
projected impacts to overfished species, because projected impacts to
overfished species are calculated assuming that the entire sablefish
allocation is harvested.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for the limited entry fixed gear fishery North of 36[deg]
N. lat. that increase sablefish DTL fishery limits from ``300 lb (136
kg) per day, or 1 landing per week of up to 1,000 lb (454 kg), not to
exceed 5,000 lb (2,268 kg) per 2 months'' to ``500 lb (227 kg) per day,
or 1 landing per week of up to 1,500 lb (680 kg), not to exceed 5,500
lb (2,495 kg) per 2 months'' beginning in period 3, on May 1.
Incidental Halibut Retention
The International Pacific Halibut Commission (IPHC) establishes
total allowable catch (TAC) amounts for Pacific halibut each year in
January. Under the authority of the Northern Pacific Halibut Act, and
implementing regulations at 50 CFR 300.63, a catch sharing plan,
developed by the Pacific Council and implemented by the Secretary,
allocates portions of the annual TAC among fisheries off Washington,
Oregon, and California. The catch sharing plan for Pacific halibut
fisheries in Area 2A (waters off the U.S. West coast) allows an
incidental total catch limit for halibut for the 2009 limited entry
fixed gear sablefish primary season (i.e. tier limit fishery) of 11,895
lb (5.4 mt). This total catch limit of 11,895 lb in 2009 is much lower
than what has been available to the sablefish primary season fishery in
recent years, which has been a total catch limit of 70,000 lb. The
allocation is lower in 2009 due to an approximately 22 percent decrease
in the Pacific halibut TAC when compared to the 2008 TAC. The current
halibut catch ratio of 100 lb (45 kg) halibut per 1,000 lb (454 kg) of
sablefish was implemented on May 4, 2005 (70 FR 23040) and has remained
relatively unchanged since that time, because the incidental halibut
catch limit has remained fairly constant since that time. The retention
limits for halibut were not revised as part of the 2009-2010 harvest
specifications and management measures because the Total Allowable
Catch of halibut for 2009 was not determined until the IPHC meeting in
January, 2009. Due to the decrease in the Pacific halibut TAC, and the
resulting decrease in the amount of Pacific halibut available to the
primary sablefish fishery as incidental take, the Council considered
options to revise the catch ratio established in the groundfish
regulations at 50 CFR 660.372 at their first opportunity, the March
2009 meeting. These options were developed to reduce incidental impacts
to Pacific halibut in the sablefish fishery, and stay below the lower
2009 Pacific halibut allocation. After the opportunity for public
review and comment, the Council, at their April meeting, made their
final recommendation for adjusting the incidental retention limits for
Pacific halibut in the sablefish primary season fishery in order to
reduce incidental take and keep mortality of halibut below the lower
2009 catch limit of 11,895 lb.
In order to reduce incidental halibut catch in this fishery, the
Council recommended modifying the incidental halibut retention
regulations at 50 CFR 660.372 (b)(3)(iv) from ``100 lb (45 kg) dressed
weight, head-on of halibut per 1,000 lb (454 kg) dressed weight of
sablefish, plus up to two additional halibut per fishing trip in excess
of this ratio'' to ``100 lb (45 kg) dressed weight, head-on of halibut
per fishing trip.''
In addition, at the recommendation of their enforcement
consultants, and in order to improve the enforceability of the
regulations, the Council recommended modifying the regulation to cover
both possession and landing of halibut, not just the landing of
halibut.
Open Access Fishery Management Measures
During the development of the 2009-2010 harvest specifications and
management measures, the sablefish OY increased from 2008 to 2009, and
consequently the allocation to the open access sablefish fishery North
of 36[deg] N. lat. also increased. No increases were made to trip
limits in this fishery during the 2009-2010 harvest specifications and
management measures as a precautionary approach due to uncertainty in
how the poor 2008 salmon season would affect effort and catches of
sablefish in this fishery through the end of 2008. The most recent
catch information from 2008 fisheries indicates that 488 mt of the 2008
sablefish allocation North of 36[deg] N. lat., 492 mt, was harvested.
The cumulative limits in this fishery that are currently in place are
the same as those that resulted in this 488 mt of harvest in 2008.
However, the 2009 allocation was raised to 538 mt during the 2009-2010
harvest specifications and management measures process. As a result of
the 2009 salmon regulations recommended by the Council at their April
meeting, the 2009 salmon fishery is likely to be similar in scope and
magnitude to the 2008 fishery, which should result in a similar amount
of effort shift into the sablefish fishery; therefore, continuing the
trip limits that were in place in 2008 could potentially leave 50 mt of
the increased sablefish allocation unharvested in 2009. To provide
additional harvest opportunities for this healthy stock, the Council
considered increases to trip limits for sablefish in this fishery and
the potential impacts on overall sablefish and overfished species catch
levels. Therefore the Council considered modest increases to the bi-
monthly limits for sablefish in the open access fishery in order to
approach, but not exceed, the 2009 sablefish OY. Effort shifts as a
result of changes to the bi-monthly limits are generally smaller in
magnitude than effort shifts observed in response to changes in daily
or weekly trip limits in the open access fishery. This modest increase
in trip limits is not anticipated to increase projected impacts to
overfished species, because projected impacts to overfished species is
calculated assuming that the entire sablefish allocation is harvested.
Therefore, the Council recommended and NMFS is implementing a
monthly cumulative limit increase for the open access fishery North of
36 N. lat. that changes sablefish limits from ``300 lb (136 kg) per
day, or 1 landing per week of up to 800 lb (363 kg), not to exceed
2,200 lb (998 kg) per 2 months'' to ``300 lb (136 kg) per day, or 1
landing per week of up to 800 lb (363 kg), not to exceed 2,400 lb
(1,089 kg) per 2 months'' beginning in period 3, on May 1.
[[Page 19013]]
Classification
These actions are taken under the authority of 50 CFR 660.370(c)
and 50 CFR 300.63(b)(3) and are exempt from review under Executive
Order 12866.
These increases in sablefish limits 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. The adjustment to the halibut
incidental catch limit is taken under the authority of the Northern
Pacific Halibut Act and implementing regulations, and is consistent
with the approved catch sharing plan. 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 groundfish management
measures under 5 U.S.C. 553(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)(3), so that this final rule
may become effective May 1, 2009.
The recently available data upon which these recommendations were
based was provided to the Council, and the Council made its
recommendations, at its April 4-9, 2009, meeting in Millbrae,
California. The Council recommended that these changes be implemented
on or as close as possible to May 1, 2009. 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 to approach without exceeding the OYs for federally managed
species in accordance with the FMP and applicable laws. The adjustments
to management measures in this document affect commercial fisheries off
Washington, Oregon, and California. These adjustments to management
measures must be implemented in a timely manner, by May 1, 2009, to:
allow fishermen an opportunity to harvest higher limits in 2009 for
sablefish, and reduce incidental catch of halibut to keep impacts below
the 2009 halibut Area 2A allocation.
Increases to the sablefish cumulative limits in the limited entry
fixed gear fishery and the open access fishery relieve a restriction by
allowing fishermen increased opportunities to harvest available healthy
stocks while staying within the OYs for these species. These changes
must be implemented in a timely manner by May 1, 2009, so that
fishermen are allowed increased opportunities to harvest available
healthy stocks 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 making this regulatory
change by May 1 allows additional harvest in fisheries that are
important to coastal communities.
Changes to the incidental halibut retention regulations to decrease
the retention limit for the limited entry sablefish primary fishery are
necessary to reduce halibut impacts in area 2A, keeping total mortality
of halibut below the 2009 area 2A allocation. These changes must be
implemented in a timely manner by May 1, 2009, to prevent impacts to
halibut to exceed the 2009 allocation, and to prevent early closure of
the incidental halibut fishery. It would be contrary to the public
interest to wait to implement these changes until after public notice
and comment, because a delay in reducing retention limits could cause
halibut to be unavailable for harvest for as long as possible
throughout the primary sablefish season, which runs through October 31.
Allowing the current management measures to remain in place could
jeopardize managers' ability to provide for year-round harvest
opportunities for healthy stocks. 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 the Pacific Coast Groundfish FMP objectives
of providing for year-round harvest opportunities, extending fishing
opportunities as long as practicable during the fishing year, or
staying within OYs or allocations for Pacific halibut.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Kristen C. Koch,
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 is amended to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
0
2. In Sec. 660.372, paragraph (b)(3)(iv) is revised to read as
follows:
Sec. 660.372 Fixed gear sablefish fishery management.
* * * * *
(b) * * *
(3) * * *
(iv) Incidental halibut retention north of Pt. Chehalis, WA
(46[deg] 53.30' N. lat.). From May 1 through October 31, vessels
authorized to participate in the primary sablefish fishery, licensed by
the International Pacific Halibut Commission for commercial fishing in
Area 2A (waters off Washington, Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA (46[deg] 53.30' N. lat.) may
possess and land up to the following cumulative limits: 100 lb (45 kg)
dressed weight, head-on of halibut per fishing trip. ``Dressed''
halibut in this area means halibut landed eviscerated with their heads
on. Halibut taken and retained in the primary sablefish fishery north
of Pt. Chehalis may only be landed north of Pt. Chehalis and may not be
possessed or landed south of Pt. Chehalis.
* * * * *
0
3. Tables 4 (North), 4 (South), 5 (North), and 5 (South) to part 660,
subpart G are revised to read as follows:
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[FR Doc. E9-9564 Filed 4-24-09; 8:45 am]
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