Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures for Canary Rockfish and Petrale Sole, 46714-46732 [E9-21960]
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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Proposed Rules
requirements of Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000), do not apply
to this proposed rule.
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use.
I. National Technology Transfer
Advancement Act
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, 2625(c).
2. Section 721.10068 is amended by
revising paragraph (a) and adding a new
paragraph (b)(2)(vii) to read as follows:
■
§ 721.10068
Elemental mercury.
(a) Definitions. The definitions in
§721.3 apply to this section. In addition,
the following definition applies:
(1) Motor vehicle has the meaning
found at 40 CFR 85.1703.
(2) Flow meter means an instrument
used in various applications to measure
the flow rate of liquids or gases.
(3) Natural gas manometer means an
instrument used in the natural gas
industry to measure gas pressure.
(4) Pyrometer means an instrument
used in various applications to measure
extremely high temperatures.
(b)* * *
(2)* * *
(vii) Manufacturing or processing of
elemental mercury for use in flow
meters, natural gas manometers, and
pyrometers except for use in these
articles when they are in service as of
September 11, 2009.
*
*
*
*
*
[FR Doc. E9–21894 Filed 9–10–09; 8:45 am]
BILLING CODE 6560–50–S
Since this action does not involve any
technical standards; section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–113, section 12(d) (15
U.S.C. 272 note), does not apply to this
action.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
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Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements
Dated: August 25, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention
and Toxics.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
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50 CFR Part 660
RIN 0648–AY07
List of Subjects in 40 CFR Part 721
14:35 Sep 10, 2009
National Oceanic and Atmospheric
Administration
[Docket No. 0907301200–91202–01]
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
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DEPARTMENT OF COMMERCE
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
2009–2010 Biennial Specifications and
Management Measures for Canary
Rockfish and Petrale Sole
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
NMFS proposes a rule to
revise the 2009 management measures
for petrale sole and to revise the 2010
harvest specifications and management
measures for petrale sole and canary
rockfish taken in the U.S. exclusive
economic zone (EEZ) off the coasts of
Washington, Oregon, and California.
SUMMARY:
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DATES: Comments on this proposed rule
must be received no later than 5 p.m.,
local time on October 13, 2009.
ADDRESSES: You may submit comments,
identified by RIN 0648–AY07 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 A. Thom, Acting
Regional 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.
Copies of the Draft Environmental
Assessment (DEA) prepared for this
action is available from the NMFS
Northwest Region website at https://
www.nwr.noaa.gov or from the mailing
and street addresses listed above.
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 proposed 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 2009 and 2010 ABCs, OYs and
HGs for Pacific coast groundfish species
were established in the final rule for the
2009–2010 groundfish harvest
specifications and management
measures (74 FR 9874, March 6, 2009).
This rule proposes interim measures for
two species. For petrale sole this action
would reduce catches in 2009 by
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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Proposed Rules
implementing more restrictive
management measures, lower the 2010
OY for petrale sole, and implement
more restrictive management measures
in 2010 to keep projected impacts below
the new 2010 OY. For canary rockfish
this action would lower the 2010 OY
and implement more restrictive 2010
management measures to keep projected
impacts below the new 2010 OY. These
changes are being proposed because the
PFMC received new stock assessments
that indicate the stocks are in worse
shape than we had thought at the
beginning of 2009.
The Council reviewed a new stock
assessment for petrale sole in June,
considered questions raised by the
Stock Assessment and Review Panel
(STAR Panel) and the Scientific and
Statistical Committee (SSC), and asked
the SSC to review the open issues and
report back to the Council in September.
While there is uncertainty regarding the
results of the final stock assessment, it
is likely that, under any outcome, the
stock will be overfished at the beginning
of 2011 if the entire current petrale OYs
are taken in 2009 and 2010. In
September the Council will consider the
updated information and make a final
recommendation for the petrale changes
in 2009 and 2010, and make its initial
recommendations for management for
2011 and beyond. NMFS anticipates
implementing a final rule for 2009 and
2010 in October. The canary rockfish
assessment was an update of the prior
assessment, incorporating revised
historic catch data. This assessment
concluded that the stock is more
depleted than the previous assessment
had indicated. The Council approved
the new stock assessment, and the
assessment authors will develop a
rebuilding analysis. The Council will
use the results of the rebuilding analysis
in November to consider likely revisions
to the rebuilding plan for 2011 and
beyond and to recommend OY and
harvest revisions in 2010. NMFS
anticipates implementing the final rule
for 2010 in December 2009.
This action is needed to respond to
the most recently available stock status
information during the remainder of
2009 and in 2010, while NMFS and the
Council complete the stock assessments,
revised rebuilding plans, EIS, and full
rulemaking for the 2011 and 2012
specifications and management
measures for the entire groundfish
fishery.
The interim measures being proposed
in this rule in combination with the
existing regulations are designed to
prevent the stock status of petrale sole
from falling below the overfished
threshold at the beginning of 2011, or to
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speed the rebuilding of petrale sole if it
is found to be overfished. These interim
measures are also intended to facilitate
rebuilding and to ease negative impacts
on industry from the anticipated lower
2011–2012 canary rockfish harvest
specifications, and more restrictive
management measures.
The Council’s policies on setting
ABCs, OYs, other harvest specifications,
and management measures are
discussed in the preamble to the
December 31, 2008, proposed rule (73
FR 80516) for 2009–2010 harvest
specifications and management
measures.
Routine management measures, as
described in the preamble to the 2009–
2010 harvest specifications and
management measure proposed rule (73
FR 80516, December 31, 2008), will
continue to be adjusted to modify
fishing behavior during the fishing year
to allow a harvest specification to be
achieved, or to prevent a harvest
specification from being exceeded.
The following preamble discussion is
divided into two parts: harvest
specifications and management
measures for petrale sole in 2009 and
2010; and harvest specifications and
management measures for canary
rockfish in 2010.
Harvest Specifications and
Management Measures for Petrale Sole
in 2009–2010
2004 Petrale Sole Stock Assessment
Petrale sole was last assessed in 2004.
The result of that stock assessment was
the best available science at the time
that the 2007–2008 and the 2009–2010
harvest specifications were developed.
For additional discussion of the results
of the 2004 petrale sole stock
assessment, see the September 29, 2006
proposed rule (71 FR 57764). The 2009–
2010 ABCs are based on the 2004 stock
assessment which used the default F 40
percent FMSY proxy and the 2009–2010
OYs are derived using the 40–10 harvest
policy applied to the ABC for both the
northern and southern assessment areas.
Also an additional 25 percent reduction
was made in the OY contribution for the
southern area due to assessment
uncertainty, as a precautionary measure.
The March 6, 2009 final rule (74 FR
9874) established the 2009 and 2010
coastwide petrale sole harvest
specifications, including the OYs of
2,433 mt in 2009 and 2,393 mt in 2010.
2009 Petrale Sole Stock Assessment
A new, full stock assessment for
petrale sole was presented to the
Council at their June 2009 meeting. The
draft assessment indicated the stock is
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depleted to 11.6 percent of its unfished
biomass. If the Bmsy management target
remained the same as in the 2004
assessment, at 40 percent of the
unfished biomass using the proxy for
BMSY, the 2009 stock assessment
indicates that petrale sole would be
overfished in 2011. However, the stock
assessment review panel recommended
establishing a management target using
the biomass that would support
maximum sustainable yield (BMSY) as
determined from the assessment
(referred to as a directly-estimated
Bmsy, as opposed to proxy BMSY). This
management target was recommended,
rather than the standard proxy BMSY,
given that BMSY is well estimated. The
Groundfish FMP allows use of a
directly-estimated BMSY target and
defines the overfished level as no less
than 50 percent of the directly-estimated
BMSY. The draft assessment estimates
the stock spawning biomass is at 61
percent of the directly-estimated BMSY
and therefore may not be overfished
under a directly-estimated BMSY target.
The Council’s Scientific and
Statistical Committee (SSC) did not
recommend the petrale sole assessment
for management decision-making at
their June 2009 meeting, but will review
it further during summer 2009, and it
will be presented for final adoption at
the Council’s September 2009 meeting.
The SSC will also further explore the
use of a deterministic BMSY target for
the stock when they meet this summer.
While the petrale sole assessment is not
yet adopted for use in making
management decisions, projections from
the draft assessment indicate that stock
spawning biomass will be driven to a
lower level of depletion if the entire
2009 and 2010 OYs are taken. If the
entire current 2009 and 2010 OYs are
taken, by 2011 the spawning biomass is
projected to decline to less than 50
percent of directy-estimated BMSY in
this case, which is an overfished state
even under a deterministic BMSY target.
Changes to Petrale Sole Harvest
Specifications
At their June 2009 meeting, the
Council identified a point of concern
under FMP section 6.2.2 and
recommended that NMFS take action to
reduce harvest of petrale sole in 2009
and 2010 in response to the preliminary
results of the new 2009 stock
assessment. The primary purpose of this
recommendation is to prevent the status
of the petrale sole stock from falling
below the overfished threshold at the
start of 2011.
In June 2009, the Groundfish
Management Team (GMT), an advisory
body to the Council, prepared a
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preliminary analysis of a range of
petrale sole harvest levels for Council
consideration. This analysis examined
how different levels of petrale sole
harvest in 2009 and 2010 affected the
petrale sole stock status at the beginning
of 2011, under the base case model in
the preliminary 2009 petrale sole stock
assessment. Based on the results of the
GMTs preliminary analysis, the Council
chose a preliminary preferred
alternative to reduce the existing 2010
petrale sole coastwide OY by 1,200 mt.
This action proposes to establish a new
2010 petrale sole coastwide OY of 1,193
mt (Table 2a).
Though this action does not propose
a change in harvest specifications for
petrale sole in 2009, it does propose
changes to management measures in
order to reduce projected mortality of
petrale sole in 2009 by approximately
400 mt. Implementing management
measures that reduce petrale sole catch
in 2009, when combined with
reductions in the petrale sole OY for
2010 (and concurrent changes to
management measures), results in an
increase from 9 percent unfished
biomass to 13 percent unfished biomass
and from 48 percent to 68 percent of the
directy-estimated BMSY under the base
case model in the preliminary 2009
stock assessment.
Based on the analysis presented
above, the Council recommended and
NMFS is proposing the following
changes to petrale sole harvest
specifications: reducing the 2010 petrale
sole coastwide OY of 2,393 mt by 1,200
mt, resulting in a new 2010 coastwide
petrale sole OY of 1,193 mt. This
proposed change is listed in Table 2a to
50 CFR 660, Subpart G.
Changes to Management Measures
Affecting Petrale Sole
Petrale sole is almost exclusively
caught in the limited entry non-whiting
commercial trawl fishery. Therefore,
proposed changes to management
measures are only considered in the
limited entry non-whiting trawl fishery.
The Council recommended preliminary
preferred alternative management
measures for November-December 2009
and for January-December 2010 to
reduce projected catch of petrale sole by
approximately 400 mt in 2009 and to
prevent projected mortality of petrale
sole from exceeding the preliminary
preferred 2010 petrale sole OY. In order
to reduce projected catches of petrale
sole in 2009 and 2010 this proposed
rule adjusts management measures that
are routinely adjusted during the year to
respond to updated fishery information,
as described at § 660.370, and does not
impose any new management measures.
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The Council’s preliminary preferred
alternative management measures result
in approximately 1,995 mt projected
catch of petrale sole in 2009 and
approximately 1,178 mt projected catch
of petrale sole in 2010. Changes to
management measures include adjusting
the seaward boundary of the trawl RCA
coastwide and reducing petrale sole
cumulative trip limits and/or sub-limits
for all trawl gears coastwide.
Based on the need to reduce catches
in 2009 and 2010 to prevent petrale sole
stock status from falling below the
overfished threshold at the beginning of
2011, the Council recommended and
NMFS is proposing changes to
management measures in NovemberDecember 2009 and for all of 2010. For
November-December (Period 6) 2009,
the Council recommended and NMFS is
proposing the following: shifting the
seaward boundary of the trawl RCA to
a boundary line approximating the 200–
fm (366–m) depth contour North of 40
10’ N. lat.; and reducing petrale sole
cumulative trip limits and/or sub-limits
to 2,000 lb (907 kg) per two months for
vessels using all limited entry trawl gear
types, coastwide. These proposed 2009
changes are shown in 2009 tables 3
(North) and 3 (South). For 2010, the
Council recommended and NMFS is
proposing the following: shifting the
seaward boundary of the trawl RCA to
a boundary line approximating the 200–
fm (366–m) depth contour from JanuaryApril (Periods 1 and 2) and SeptemberDecember (Periods 5 and 6) North of 40
10’ N. lat.; shifting the seaward
boundary of the trawl RCA to a
boundary line approximating the 200–
fm (366–m) depth contour from JanuaryDecember South of 40 10’ N. lat.;
reducing petrale sole cumulative trip
limits and/or sub-limits to 1,000 lb (454
kg) per two months for vessels using all
limited entry trawl gear types,
coastwide, during January-February
(Period 1) and November-December
(Period 6); reducing petrale sole sublimits to 18,000 lb (8,165 kg) per two
months for vessels using all limited
entry trawl gear types, coastwide, from
March-October (Periods 2 through 5).
These proposed changes to 2010 trip
limits are shown in 2010 Tables 3
(North) and 3 (South).
available science at that time. For
additional discussion of the results of
the 2007 canary rockfish stock
assessment, see the December 31, 2008
proposed rule, 73 FR 80516. The 2009–
2010 harvest specifications and
revisions to the rebuilding plan for
canary rockfish were established on
March 1, 2009. The approach used for
setting the 2009–2010 harvest
specifications for canary rockfish was
the same as that used for setting the
2007–2008 harvest specifications under
FMP Amendment 16–4. The 2007 stock
assessment fundamentally changed the
understanding of stock productivity.
The SSC, therefore, recommended
changing the Am. 16–4 rebuilding plan.
In the rebuilding plan, the Council
revised the target rebuilding year from
2063 to 2021 (which was two years
longer than F0), but maintained the
existing SPR of 88.7%. Nonetheless, the
adopted OY for 2009 and 2010 of 105
mt was based on a more conservative
SPR of 92.2%. The March 6, 2009 final
rule (74 FR 9874) established the 2009
and 2010 coastwide canary rockfish
harvest specifications, including the
OYs of 105 mt in 2009 and 2010.
Harvest Specifications and
Management Measures for Canary
Rockfish in 2010
Changes to 2010 Canary Rockfish OY
At their June 2009 meeting, the
Council recommended that NMFS take
action to reduce catches of canary
rockfish in 2010 in response to the
results of the new 2009 stock
assessment update. The primary
purpose of taking precautionary
measures is to facilitate rebuilding of
2007 Canary Rockfish Stock Assessment
Canary rockfish was last assessed in
2007. The results of that stock
assessment and rebuilding analysis were
the basis for the 2009–2010 harvest
specifications, and represented the best
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2009 Canary Rockfish Stock Assessment
An updated stock assessment for
canary rockfish was presented to the
Council at their June 2009 meeting. The
stock assessment indicated the canary
rockfish stock is depleted to 23.7
percent of its unfished biomass,
compared with a 32.4 percent depletion
in 2007. The stock is increasing, but
based on the new information in the
new stock assessment, the rebuilding
plan will need to be revised, and it is
anticipated that lower OYs will be
required. The Council’s SSC
recommended the canary rockfish
assessment for management decisionmaking at their June 2009 meeting. At
the November Council meeting the
PFMC will receive the rebuilding
analysis for canary rockfish based on the
2009 stock assessment, for use in the
2011–2012 specifications process. At
that time the Council will also decide
whether to recommend a revision to the
2010 canary rockfish OY in order to
smooth the transition to the revised
rebuilding plan and to facilitate
rebuilding.
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canary rockfish, and to reduce the
socioeconomic impacts of a sudden
reduction in harvest specifications that
will likely be implemented in 2011.
Under the FMP, harvest specifications
for species subject to rebuilding
requirements may be modified during
the biennium if the Council determines
they are not adequately conservative to
meet rebuilding plan goals. FMP Section
5.5.1
Canary rockfish is currently
overfished and subject to a rebuilding
plan. The results of the new rebuilding
analysis, that will be based on the new
stock assessment update, are scheduled
to be presented to the Council at their
October 31–November 5, 2009, meeting.
At that time, while the Council is
considering revisions to the rebuilding
plan for 2011 and beyond, they will also
consider whether changes should be
made in 2010 for the reasons explained
above.
Based on the need to first consider the
new rebuilding analysis for 2011–2012
OYs, the Council has not chosen a
preferred canary rockfish OY alternative
for 2010. Therefore, a range of OYs
between 44 mt and 105 mt is proposed
in Table 2a of this proposed rule. No
changes to catch apportionment of the
new 2010 OY are proposed at this time;
however, the Council may consider
changes to canary rockfish catch
apportionment at their September or
November 2009 meetings. A final
preferred alternative for canary rockfish
OY in 2010 will be considered in a
supplement to the EA. Changes to 2010
canary rockfish harvest specifications
would be implemented in a separate
final rule, after the November 2009
Council meeting. Any revisions are
anticipated to be in effect on January 1,
2010.
Changes to Management Measures
Affecting Canary Rockfish
Canary rockfish are caught
incidentally in almost every sector of
the Pacific Coast groundfish fishery,
North of 34° 27’ N. lat. To reduce
projected catch of canary rockfish below
a lower 2010 OY would likely require
that additional restrictions be placed on
the following fisheries: limited entry
non-whiting trawl; limited entry nontribal whiting trawl; Washington,
Oregon, and northern California
recreational groundfish; and nearshore
commercial non-trawl. The types of
potential management changes include,
but are not limited to: expansion of the
trawl RCA to close areas with high
canary bycatch for all or part of the year;
expansion of the non-trawl RCA to close
areas with high canary bycatch for all or
part of the year; reductions in trip limits
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for co-occurring shelf species in both
the LE trawl fishery and in the LE fixed
gear fishery and open access
commercial fishery; reductions in trip
limits for vessels using selective flatfish
trawl gear; reductions in recreational
fishery season length; closures of
recreational fisheries in some areas of
the coast for a portion of the year;
reduction in recreational bag limits for
rockfish or other co-occurring species; a
reduction in the bycatch limit for canary
rockfish in the LE non-tribal whiting
fishery; and the non-whiting Exempted
Fishing Permits (EFPs) may also be
restricted or terminated in 2010 to
reduce their projected catch of canary
rockfish (approximately 2.7 mt).
At their November 2009 meeting
where the Council will consider
potential changes to the 2010 OY, the
Council will consider a wide range of
routine management measure
alternatives for reducing projected
catches of canary rockfish to stay within
the new OY. Consideration of new
rebuilding information and potential
changes to routine management
measures will allow the Council to
recommend interim measures that
would reduce canary rockfish impacts
in 2010. A final preferred alternative for
canary rockfish management measures
in 2010 will be considered in a
supplement to the EA. Changes to
management measures to reduce
projected catch of canary rockfish will
be implemented in a separate final rule,
after the November 2009 Council
meeting. These management measures
are anticipated to be in effect on January
1, 2010.
Classification
At this time, NMFS has preliminarily
determined that the revisions to 2009–
2010 harvest specifications and
management measures for canary
rockfish and petrale sole proposed in
this rule are consistent with the national
standards of the Magnuson-Stevens Act
and other applicable laws. NMFS, in
making the final determination, will
take into account the data, views, and
comments received during the comment
period.
A DEA was prepared for the revisions
to the 2009–2010 harvest specifications
and management measures for petrale
sole and canary rockfish. A copy of the
DEA is available online at https://
www.nwr.noaa.gov/.
The Council considered two sets of
alternatives for revising the 2009–2010
harvest specifications and management
measures for petrale sole and canary
rockfish. The first set of alternatives
considered more restrictive management
measures to reduce catch of petrale sole
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in 2009 and new harvest specifications
for petrale sole in 2010 and management
measures necessary to keep projected
impacts to petrale sole below the new
2010 OY. The second set of alternatives
considered new harvest specifications
for canary rockfish in 2010 and a range
of management measures necessary to
keep projected impacts to canary
rockfish below the alternative 2010 OYs.
The range of management measure
alternatives intended to keep total catch
of canary at the low end of the ABC/OY
alternatives are considered here, since
these were the alternatives the Council
evaluated in the 2009 and 2010
rulemaking for their effects on small
entities.
NMFS has initially determined that
this proposed rule is not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by
section 603 of the Regulatory Flexibility
Act (RFA). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A summary of the analysis follows. A
copy of this analysis is available from
NMFS (see ADDRESSES).
The Small Business Administration
has established size criteria for all major
industry sectors in the US including fish
harvesting and fish processing
businesses. The RFA recognizes and
defines three kinds of small entities:
small businesses, small organizations,
and small governmental jurisdictions.
Most permit owners and vessel
owners are independent fishermen who
are owner/operators of their vessel or
members of family owned businesses or
members of small partnerships. As such,
they are considered to be a small
business. Because canary rockfish is
taken as bycatch in most groundfish
fisheries the description of small
entities associated with the 2009 EIS (73
FR 80516) is applicable. The Council
estimates that nearly 2,600 small
entities harvest groundfish. These
entities include those that either target
groundfish or harvest groundfish as
bycatch and include limited entry
trawlers and fixed gear, open access
participants, the west coast charterboat
fleet, and the tribal fleets. Included in
this estimate are businesses, probably
fewer than 30, that should be classified
as ‘‘large’’ businesses as they are
affiliates or components of large
processing companies. Following past
practice, the Council classifies the four
catcher-processors that fish and process
in the whiting fishery ‘‘large’’ entities as
they are components of large
international seafood companies. Noting
the exceptions above, the Council has
classified all harvesters in the
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groundfish fishery as ‘‘small
businesses.’’
In summary, using Small Business
Administration standards, most of the
estimated 2,600 entities that harvest
groundfish are small businesses. The
exceptions are the catcher vessels who
also fish off Alaska, some shoreside
processors, and all catcher-processors
and motherships (less than 30) that are
affiliated with larger processing
companies or large international seafood
companies.
Under the no action petrale sole
alternative, groundfish revenues by the
non-whiting trawl fleet would be about
$28 million in 2009 and in 2010. Under
the Council’s preferred alternative (P2),
the 139 vessels in this fishery would
collectively earn $27 million in 2009
and $26 million in 2010. Between 30
and 35 of these vessels would see their
revenues fall by more than 5 percent.
By reducing the 2009 petrale sole
harvest and the 2010 petrale sole OY,
we may prevent petrale sole from being
in an overfished status in 2011, or speed
the rebuilding of petrale if it is found to
be overfished. By reducing the 2010
canary OY we may facilitate rebuilding
of canary rockfish and ease the negative
impact on industry from the reduced
canary rockfish harvest specifications
that will likely result in 2011–2012 from
the new stock assessment and
rebuilding analysis.
There are no reporting, recordkeeping
or other compliance requirements in the
proposed rule.
No Federal rules have been identified
that duplicate, overlap, or conflict with
this action.
NMFS issued Biological Opinions
under the ESA on August 10,1990,
November 26,1991, August 28,1992,
September 27,1993, May 14, 1996, and
December 15, 1999 pertaining to the
effects of the Pacific Coast groundfish
FMP fisheries on Chinook salmon
(Puget Sound, Snake River spring/
summer, Snake River fall, upper
Columbia River spring, lower Columbia
River, upper Willamette River,
Sacramento River winter, Central Valley
spring, California coastal), coho salmon
(Central California coastal, southern
Oregon/northern California coastal),
chum salmon (Hood Canal summer,
Columbia River), sockeye salmon (Snake
River, Ozette Lake), and steelhead
(upper, middle and lower Columbia
River, Snake River Basin, upper
Willamette River, central California
coast, California Central Valley, south/
central California, northern California,
southern California). These biological
opinions have concluded that
implementation of the FMP for the
Pacific Coast groundfish fishery was not
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expected to jeopardize the continued
existence of any endangered or
threatened species under the
jurisdiction of NMFS, or result in the
destruction or adverse modification of
critical habitat.
NMFS reinitiated a formal section 7
consultation under the ESA in 2005 for
both the Pacific whiting midwater trawl
fishery and the groundfish bottom trawl
fishery. The December 19, 1999,
Biological Opinion had defined an
11,000 Chinook incidental take
threshold for the Pacific whiting fishery.
During the 2005 Pacific whiting season,
the 11,000 fish Chinook incidental take
threshold was exceeded, triggering
reinitiation. Also in 2005, new data
from the West Coast Groundfish
Observer Program became available,
allowing NMFS to complete an analysis
of salmon take in the bottom trawl
fishery.
NMFS prepared a Supplemental
Biological Opinion dated March 11,
2006, which addressed salmon take in
both the Pacific whiting midwater trawl
and groundfish bottom trawl fisheries.
In its 2006 Supplemental Biological
Opinion, NMFS concluded that catch
rates of salmon in the 2005 whiting
fishery were consistent with
expectations considered during prior
consultations. Chinook bycatch has
averaged about 7,300 fish over the last
15 years and has only occasionally
exceeded the reinitiation trigger of
11,000 fish.
Since 1999, annual Chinook bycatch
has averaged about 8,450 fish. The
Chinook ESUs most likely affected by
the whiting fishery has generally
improved in status since the 1999
section 7 consultation. Although these
species remain at risk, as indicated by
their ESA listing, NMFS concluded that
the higher observed bycatch in 2005
does not require a reconsideration of its
prior ‘‘no jeopardy’’ conclusion with
respect to the fishery. For the
groundfish bottom trawl fishery, NMFS
concluded that incidental take in the
groundfish fisheries is within the
overall limits articulated in the
Incidental Take Statement of the 1999
Biological Opinion. The groundfish
bottom trawl limit from that opinion
was 9,000 fish annually. NMFS will
continue to monitor and collect data to
analyze take levels. NMFS also
reaffirmed its prior determination that
implementation of the Groundfish FMP
is not likely to jeopardize the continued
existence of any of the affected ESUs.
Lower Columbia River coho (70 FR
37160, June 28, 2005) were recently
listed and Oregon Coastal coho (73 FR
7816, February 11, 2008) were recently
relisted as threatened under the ESA.
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The 1999 biological opinion concluded
that the bycatch of salmonids in the
Pacific whiting fishery were almost
entirely Chinook salmon, with little or
no bycatch of coho, chum, sockeye, and
steelhead. The Southern Distinct
Population Segment (DPS) of green
sturgeon (71 FR 17757, April 7, 2006)
were also recently listed as threatened
under the ESA. As a consequence,
NMFS has reinitiated its Section 7
consultation on the PFMC’s Groundfish
FMP.
After reviewing the available
information, NMFS concluded that, in
keeping with Sections 7(a) (2) and 7(d)
of the ESA, the proposed action would
not result in any irreversible or
irretrievable commitment of resources
that would have the effect of foreclosing
the formulation or implementation of
any reasonable and prudent alternative
measures.
With regards to marine mammals, sea
turtles, and seabirds, we are reviewing
the available data on fishery interactions
and have entered into pre-consultation
with the United States Fish and Wildlife
Service, NMFS and other Federal
agencies. In additions, we have begun
discussions with Council staff on the
process to address the concerns, if any,
that arise from our review of the data.
Pursuant to Executive Order 13175,
this proposed rule was developed after
meaningful consultation and
collaboration with tribal officials from
the area covered by the FMP. Under the
Magnuson-Stevens Act at 16 U.S.C.
1852(b)(5), one of the voting members of
the Pacific Council must be a
representative of an Indian tribe with
federally recognized fishing rights from
the area of the Council’s jurisdiction.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: September 8, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be 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. and 16
U.S.C. 773 et seq.
2. Tables 2a and 2c to part 660,
subpart G, and footnotes ‘‘/k’’ and ‘‘/r’’
are revised to read as follows:
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*
/k A petrale sole stock assessment was
prepared for 2005. In 2005 the petrale
sole stock was estimated to be at 32
percent of its unfished biomass
coastwide (34 percent in the northern
assessment area and 29 percent in the
southern assessment area). The 2010
ABC of 2,751 mt is based on the 2005
assessment with a F40% FMSY proxy.
To derive the 2010 OY, the 40 10
harvest policy was applied to the ABC
for both the northern and southern
assessment areas. As a precautionary
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*
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measure, an additional 25 percent
reduction was made in the OY
contribution for the southern area due to
assessment uncertainty. As another
precautionary measure, an additional
1,200 mt reduction was made in the
coastwide OY due to preliminary results
of the more pessimistic 2009 stock
assessment. The coastwide OY is 1,193
mt in 2010.
*
*
*
*
*
/r A canary rockfish stock assessment
was completed in 2007 and the stock
was estimated to be at 32.7 percent of
its unfished biomass coastwide in 2007.
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The coastwide ABC of 940 mt is based
on a FMSY proxy of F50%. The OY of
105 mt is based on a rebuilding plan
with a target year to rebuild of 2021 and
a SPR harvest rate of 88.7 percent. An
OY of 44 mt or 85 mt would be based
on a new rebuilding analysis to be
considered in November 2009.
*
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*
3. Beginning November 1, 2009,
Tables 3 (North) and 3 (South) to part
660, subpart G are revised to read as
follows:
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4. Beginning January 1, 2010, Tables
3 (North) and 3 (South) to part 660,
subpart G are revised to read as follows:
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[FR Doc. E9–21960 Filed 9–10–09; 8:45 am]
]]>Agencies
[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Proposed Rules]
[Pages 46714-46732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21960]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0907301200-91202-01]
RIN 0648-AY07
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and
Management Measures for Canary Rockfish and Petrale Sole
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a rule to revise the 2009 management measures
for petrale sole and to revise the 2010 harvest specifications and
management measures for petrale sole and canary rockfish taken in the
U.S. exclusive economic zone (EEZ) off the coasts of Washington,
Oregon, and California.
DATES: Comments on this proposed rule must be received no later than 5
p.m., local time on October 13, 2009.
ADDRESSES: You may submit comments, identified by RIN 0648-AY07 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 A. Thom, Acting Regional 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.
Copies of the Draft Environmental Assessment (DEA) prepared for
this action is available from the NMFS Northwest Region website at
https://www.nwr.noaa.gov or from the mailing and street addresses listed
above.
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 proposed 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 2009 and 2010 ABCs, OYs and HGs for Pacific coast groundfish
species were established in the final rule for the 2009-2010 groundfish
harvest specifications and management measures (74 FR 9874, March 6,
2009). This rule proposes interim measures for two species. For petrale
sole this action would reduce catches in 2009 by
[[Page 46715]]
implementing more restrictive management measures, lower the 2010 OY
for petrale sole, and implement more restrictive management measures in
2010 to keep projected impacts below the new 2010 OY. For canary
rockfish this action would lower the 2010 OY and implement more
restrictive 2010 management measures to keep projected impacts below
the new 2010 OY. These changes are being proposed because the PFMC
received new stock assessments that indicate the stocks are in worse
shape than we had thought at the beginning of 2009.
The Council reviewed a new stock assessment for petrale sole in
June, considered questions raised by the Stock Assessment and Review
Panel (STAR Panel) and the Scientific and Statistical Committee (SSC),
and asked the SSC to review the open issues and report back to the
Council in September. While there is uncertainty regarding the results
of the final stock assessment, it is likely that, under any outcome,
the stock will be overfished at the beginning of 2011 if the entire
current petrale OYs are taken in 2009 and 2010. In September the
Council will consider the updated information and make a final
recommendation for the petrale changes in 2009 and 2010, and make its
initial recommendations for management for 2011 and beyond. NMFS
anticipates implementing a final rule for 2009 and 2010 in October. The
canary rockfish assessment was an update of the prior assessment,
incorporating revised historic catch data. This assessment concluded
that the stock is more depleted than the previous assessment had
indicated. The Council approved the new stock assessment, and the
assessment authors will develop a rebuilding analysis. The Council will
use the results of the rebuilding analysis in November to consider
likely revisions to the rebuilding plan for 2011 and beyond and to
recommend OY and harvest revisions in 2010. NMFS anticipates
implementing the final rule for 2010 in December 2009.
This action is needed to respond to the most recently available
stock status information during the remainder of 2009 and in 2010,
while NMFS and the Council complete the stock assessments, revised
rebuilding plans, EIS, and full rulemaking for the 2011 and 2012
specifications and management measures for the entire groundfish
fishery.
The interim measures being proposed in this rule in combination
with the existing regulations are designed to prevent the stock status
of petrale sole from falling below the overfished threshold at the
beginning of 2011, or to speed the rebuilding of petrale sole if it is
found to be overfished. These interim measures are also intended to
facilitate rebuilding and to ease negative impacts on industry from the
anticipated lower 2011-2012 canary rockfish harvest specifications, and
more restrictive management measures.
The Council's policies on setting ABCs, OYs, other harvest
specifications, and management measures are discussed in the preamble
to the December 31, 2008, proposed rule (73 FR 80516) for 2009-2010
harvest specifications and management measures.
Routine management measures, as described in the preamble to the
2009-2010 harvest specifications and management measure proposed rule
(73 FR 80516, December 31, 2008), will continue to be adjusted to
modify fishing behavior during the fishing year to allow a harvest
specification to be achieved, or to prevent a harvest specification
from being exceeded.
The following preamble discussion is divided into two parts:
harvest specifications and management measures for petrale sole in 2009
and 2010; and harvest specifications and management measures for canary
rockfish in 2010.
Harvest Specifications and Management Measures for Petrale Sole in
2009-2010
2004 Petrale Sole Stock Assessment
Petrale sole was last assessed in 2004. The result of that stock
assessment was the best available science at the time that the 2007-
2008 and the 2009-2010 harvest specifications were developed. For
additional discussion of the results of the 2004 petrale sole stock
assessment, see the September 29, 2006 proposed rule (71 FR 57764). The
2009-2010 ABCs are based on the 2004 stock assessment which used the
default F 40 percent FMSY proxy and the 2009-2010 OYs are derived using
the 40-10 harvest policy applied to the ABC for both the northern and
southern assessment areas. Also an additional 25 percent reduction was
made in the OY contribution for the southern area due to assessment
uncertainty, as a precautionary measure. The March 6, 2009 final rule
(74 FR 9874) established the 2009 and 2010 coastwide petrale sole
harvest specifications, including the OYs of 2,433 mt in 2009 and 2,393
mt in 2010.
2009 Petrale Sole Stock Assessment
A new, full stock assessment for petrale sole was presented to the
Council at their June 2009 meeting. The draft assessment indicated the
stock is depleted to 11.6 percent of its unfished biomass. If the Bmsy
management target remained the same as in the 2004 assessment, at 40
percent of the unfished biomass using the proxy for BMSY, the 2009
stock assessment indicates that petrale sole would be overfished in
2011. However, the stock assessment review panel recommended
establishing a management target using the biomass that would support
maximum sustainable yield (BMSY) as determined from the assessment
(referred to as a directly-estimated Bmsy, as opposed to proxy BMSY).
This management target was recommended, rather than the standard proxy
BMSY, given that BMSY is well estimated. The Groundfish FMP allows use
of a directly-estimated BMSY target and defines the overfished level as
no less than 50 percent of the directly-estimated BMSY. The draft
assessment estimates the stock spawning biomass is at 61 percent of the
directly-estimated BMSY and therefore may not be overfished under a
directly-estimated BMSY target.
The Council's Scientific and Statistical Committee (SSC) did not
recommend the petrale sole assessment for management decision-making at
their June 2009 meeting, but will review it further during summer 2009,
and it will be presented for final adoption at the Council's September
2009 meeting. The SSC will also further explore the use of a
deterministic BMSY target for the stock when they meet this summer.
While the petrale sole assessment is not yet adopted for use in making
management decisions, projections from the draft assessment indicate
that stock spawning biomass will be driven to a lower level of
depletion if the entire 2009 and 2010 OYs are taken. If the entire
current 2009 and 2010 OYs are taken, by 2011 the spawning biomass is
projected to decline to less than 50 percent of directy-estimated BMSY
in this case, which is an overfished state even under a deterministic
BMSY target.
Changes to Petrale Sole Harvest Specifications
At their June 2009 meeting, the Council identified a point of
concern under FMP section 6.2.2 and recommended that NMFS take action
to reduce harvest of petrale sole in 2009 and 2010 in response to the
preliminary results of the new 2009 stock assessment. The primary
purpose of this recommendation is to prevent the status of the petrale
sole stock from falling below the overfished threshold at the start of
2011.
In June 2009, the Groundfish Management Team (GMT), an advisory
body to the Council, prepared a
[[Page 46716]]
preliminary analysis of a range of petrale sole harvest levels for
Council consideration. This analysis examined how different levels of
petrale sole harvest in 2009 and 2010 affected the petrale sole stock
status at the beginning of 2011, under the base case model in the
preliminary 2009 petrale sole stock assessment. Based on the results of
the GMTs preliminary analysis, the Council chose a preliminary
preferred alternative to reduce the existing 2010 petrale sole
coastwide OY by 1,200 mt. This action proposes to establish a new 2010
petrale sole coastwide OY of 1,193 mt (Table 2a).
Though this action does not propose a change in harvest
specifications for petrale sole in 2009, it does propose changes to
management measures in order to reduce projected mortality of petrale
sole in 2009 by approximately 400 mt. Implementing management measures
that reduce petrale sole catch in 2009, when combined with reductions
in the petrale sole OY for 2010 (and concurrent changes to management
measures), results in an increase from 9 percent unfished biomass to 13
percent unfished biomass and from 48 percent to 68 percent of the
directy-estimated BMSY under the base case model in the preliminary
2009 stock assessment.
Based on the analysis presented above, the Council recommended and
NMFS is proposing the following changes to petrale sole harvest
specifications: reducing the 2010 petrale sole coastwide OY of 2,393 mt
by 1,200 mt, resulting in a new 2010 coastwide petrale sole OY of 1,193
mt. This proposed change is listed in Table 2a to 50 CFR 660, Subpart
G.
Changes to Management Measures Affecting Petrale Sole
Petrale sole is almost exclusively caught in the limited entry non-
whiting commercial trawl fishery. Therefore, proposed changes to
management measures are only considered in the limited entry non-
whiting trawl fishery. The Council recommended preliminary preferred
alternative management measures for November-December 2009 and for
January-December 2010 to reduce projected catch of petrale sole by
approximately 400 mt in 2009 and to prevent projected mortality of
petrale sole from exceeding the preliminary preferred 2010 petrale sole
OY. In order to reduce projected catches of petrale sole in 2009 and
2010 this proposed rule adjusts management measures that are routinely
adjusted during the year to respond to updated fishery information, as
described at Sec. 660.370, and does not impose any new management
measures. The Council's preliminary preferred alternative management
measures result in approximately 1,995 mt projected catch of petrale
sole in 2009 and approximately 1,178 mt projected catch of petrale sole
in 2010. Changes to management measures include adjusting the seaward
boundary of the trawl RCA coastwide and reducing petrale sole
cumulative trip limits and/or sub-limits for all trawl gears coastwide.
Based on the need to reduce catches in 2009 and 2010 to prevent
petrale sole stock status from falling below the overfished threshold
at the beginning of 2011, the Council recommended and NMFS is proposing
changes to management measures in November-December 2009 and for all of
2010. For November-December (Period 6) 2009, the Council recommended
and NMFS is proposing the following: shifting the seaward boundary of
the trawl RCA to a boundary line approximating the 200-fm (366-m) depth
contour North of 40 10' N. lat.; and reducing petrale sole cumulative
trip limits and/or sub-limits to 2,000 lb (907 kg) per two months for
vessels using all limited entry trawl gear types, coastwide. These
proposed 2009 changes are shown in 2009 tables 3 (North) and 3 (South).
For 2010, the Council recommended and NMFS is proposing the following:
shifting the seaward boundary of the trawl RCA to a boundary line
approximating the 200-fm (366-m) depth contour from January-April
(Periods 1 and 2) and September-December (Periods 5 and 6) North of 40
10' N. lat.; shifting the seaward boundary of the trawl RCA to a
boundary line approximating the 200-fm (366-m) depth contour from
January-December South of 40 10' N. lat.; reducing petrale sole
cumulative trip limits and/or sub-limits to 1,000 lb (454 kg) per two
months for vessels using all limited entry trawl gear types, coastwide,
during January-February (Period 1) and November-December (Period 6);
reducing petrale sole sub-limits to 18,000 lb (8,165 kg) per two months
for vessels using all limited entry trawl gear types, coastwide, from
March-October (Periods 2 through 5). These proposed changes to 2010
trip limits are shown in 2010 Tables 3 (North) and 3 (South).
Harvest Specifications and Management Measures for Canary Rockfish in
2010
2007 Canary Rockfish Stock Assessment
Canary rockfish was last assessed in 2007. The results of that
stock assessment and rebuilding analysis were the basis for the 2009-
2010 harvest specifications, and represented the best available science
at that time. For additional discussion of the results of the 2007
canary rockfish stock assessment, see the December 31, 2008 proposed
rule, 73 FR 80516. The 2009-2010 harvest specifications and revisions
to the rebuilding plan for canary rockfish were established on March 1,
2009. The approach used for setting the 2009-2010 harvest
specifications for canary rockfish was the same as that used for
setting the 2007-2008 harvest specifications under FMP Amendment 16-4.
The 2007 stock assessment fundamentally changed the understanding of
stock productivity. The SSC, therefore, recommended changing the Am.
16-4 rebuilding plan. In the rebuilding plan, the Council revised the
target rebuilding year from 2063 to 2021 (which was two years longer
than F0), but maintained the existing SPR of 88.7%. Nonetheless, the
adopted OY for 2009 and 2010 of 105 mt was based on a more conservative
SPR of 92.2%. The March 6, 2009 final rule (74 FR 9874) established the
2009 and 2010 coastwide canary rockfish harvest specifications,
including the OYs of 105 mt in 2009 and 2010.
2009 Canary Rockfish Stock Assessment
An updated stock assessment for canary rockfish was presented to
the Council at their June 2009 meeting. The stock assessment indicated
the canary rockfish stock is depleted to 23.7 percent of its unfished
biomass, compared with a 32.4 percent depletion in 2007. The stock is
increasing, but based on the new information in the new stock
assessment, the rebuilding plan will need to be revised, and it is
anticipated that lower OYs will be required. The Council's SSC
recommended the canary rockfish assessment for management decision-
making at their June 2009 meeting. At the November Council meeting the
PFMC will receive the rebuilding analysis for canary rockfish based on
the 2009 stock assessment, for use in the 2011-2012 specifications
process. At that time the Council will also decide whether to recommend
a revision to the 2010 canary rockfish OY in order to smooth the
transition to the revised rebuilding plan and to facilitate rebuilding.
Changes to 2010 Canary Rockfish OY
At their June 2009 meeting, the Council recommended that NMFS take
action to reduce catches of canary rockfish in 2010 in response to the
results of the new 2009 stock assessment update. The primary purpose of
taking precautionary measures is to facilitate rebuilding of
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canary rockfish, and to reduce the socioeconomic impacts of a sudden
reduction in harvest specifications that will likely be implemented in
2011. Under the FMP, harvest specifications for species subject to
rebuilding requirements may be modified during the biennium if the
Council determines they are not adequately conservative to meet
rebuilding plan goals. FMP Section 5.5.1
Canary rockfish is currently overfished and subject to a rebuilding
plan. The results of the new rebuilding analysis, that will be based on
the new stock assessment update, are scheduled to be presented to the
Council at their October 31-November 5, 2009, meeting. At that time,
while the Council is considering revisions to the rebuilding plan for
2011 and beyond, they will also consider whether changes should be made
in 2010 for the reasons explained above.
Based on the need to first consider the new rebuilding analysis for
2011-2012 OYs, the Council has not chosen a preferred canary rockfish
OY alternative for 2010. Therefore, a range of OYs between 44 mt and
105 mt is proposed in Table 2a of this proposed rule. No changes to
catch apportionment of the new 2010 OY are proposed at this time;
however, the Council may consider changes to canary rockfish catch
apportionment at their September or November 2009 meetings. A final
preferred alternative for canary rockfish OY in 2010 will be considered
in a supplement to the EA. Changes to 2010 canary rockfish harvest
specifications would be implemented in a separate final rule, after the
November 2009 Council meeting. Any revisions are anticipated to be in
effect on January 1, 2010.
Changes to Management Measures Affecting Canary Rockfish
Canary rockfish are caught incidentally in almost every sector of
the Pacific Coast groundfish fishery, North of 34[deg] 27' N. lat. To
reduce projected catch of canary rockfish below a lower 2010 OY would
likely require that additional restrictions be placed on the following
fisheries: limited entry non-whiting trawl; limited entry non-tribal
whiting trawl; Washington, Oregon, and northern California recreational
groundfish; and nearshore commercial non-trawl. The types of potential
management changes include, but are not limited to: expansion of the
trawl RCA to close areas with high canary bycatch for all or part of
the year; expansion of the non-trawl RCA to close areas with high
canary bycatch for all or part of the year; reductions in trip limits
for co-occurring shelf species in both the LE trawl fishery and in the
LE fixed gear fishery and open access commercial fishery; reductions in
trip limits for vessels using selective flatfish trawl gear; reductions
in recreational fishery season length; closures of recreational
fisheries in some areas of the coast for a portion of the year;
reduction in recreational bag limits for rockfish or other co-occurring
species; a reduction in the bycatch limit for canary rockfish in the LE
non-tribal whiting fishery; and the non-whiting Exempted Fishing
Permits (EFPs) may also be restricted or terminated in 2010 to reduce
their projected catch of canary rockfish (approximately 2.7 mt).
At their November 2009 meeting where the Council will consider
potential changes to the 2010 OY, the Council will consider a wide
range of routine management measure alternatives for reducing projected
catches of canary rockfish to stay within the new OY. Consideration of
new rebuilding information and potential changes to routine management
measures will allow the Council to recommend interim measures that
would reduce canary rockfish impacts in 2010. A final preferred
alternative for canary rockfish management measures in 2010 will be
considered in a supplement to the EA. Changes to management measures to
reduce projected catch of canary rockfish will be implemented in a
separate final rule, after the November 2009 Council meeting. These
management measures are anticipated to be in effect on January 1, 2010.
Classification
At this time, NMFS has preliminarily determined that the revisions
to 2009-2010 harvest specifications and management measures for canary
rockfish and petrale sole proposed in this rule are consistent with the
national standards of the Magnuson-Stevens Act and other applicable
laws. NMFS, in making the final determination, will take into account
the data, views, and comments received during the comment period.
A DEA was prepared for the revisions to the 2009-2010 harvest
specifications and management measures for petrale sole and canary
rockfish. A copy of the DEA is available online at https://www.nwr.noaa.gov/.
The Council considered two sets of alternatives for revising the
2009-2010 harvest specifications and management measures for petrale
sole and canary rockfish. The first set of alternatives considered more
restrictive management measures to reduce catch of petrale sole in 2009
and new harvest specifications for petrale sole in 2010 and management
measures necessary to keep projected impacts to petrale sole below the
new 2010 OY. The second set of alternatives considered new harvest
specifications for canary rockfish in 2010 and a range of management
measures necessary to keep projected impacts to canary rockfish below
the alternative 2010 OYs.
The range of management measure alternatives intended to keep total
catch of canary at the low end of the ABC/OY alternatives are
considered here, since these were the alternatives the Council
evaluated in the 2009 and 2010 rulemaking for their effects on small
entities.
NMFS has initially determined that this proposed rule is not
significant for purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A summary of
the analysis follows. A copy of this analysis is available from NMFS
(see ADDRESSES).
The Small Business Administration has established size criteria for
all major industry sectors in the US including fish harvesting and fish
processing businesses. The RFA recognizes and defines three kinds of
small entities: small businesses, small organizations, and small
governmental jurisdictions.
Most permit owners and vessel owners are independent fishermen who
are owner/operators of their vessel or members of family owned
businesses or members of small partnerships. As such, they are
considered to be a small business. Because canary rockfish is taken as
bycatch in most groundfish fisheries the description of small entities
associated with the 2009 EIS (73 FR 80516) is applicable. The Council
estimates that nearly 2,600 small entities harvest groundfish. These
entities include those that either target groundfish or harvest
groundfish as bycatch and include limited entry trawlers and fixed
gear, open access participants, the west coast charterboat fleet, and
the tribal fleets. Included in this estimate are businesses, probably
fewer than 30, that should be classified as ``large'' businesses as
they are affiliates or components of large processing companies.
Following past practice, the Council classifies the four catcher-
processors that fish and process in the whiting fishery ``large''
entities as they are components of large international seafood
companies. Noting the exceptions above, the Council has classified all
harvesters in the
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groundfish fishery as ``small businesses.''
In summary, using Small Business Administration standards, most of
the estimated 2,600 entities that harvest groundfish are small
businesses. The exceptions are the catcher vessels who also fish off
Alaska, some shoreside processors, and all catcher-processors and
motherships (less than 30) that are affiliated with larger processing
companies or large international seafood companies.
Under the no action petrale sole alternative, groundfish revenues
by the non-whiting trawl fleet would be about $28 million in 2009 and
in 2010. Under the Council's preferred alternative (P2), the 139
vessels in this fishery would collectively earn $27 million in 2009 and
$26 million in 2010. Between 30 and 35 of these vessels would see their
revenues fall by more than 5 percent.
By reducing the 2009 petrale sole harvest and the 2010 petrale sole
OY, we may prevent petrale sole from being in an overfished status in
2011, or speed the rebuilding of petrale if it is found to be
overfished. By reducing the 2010 canary OY we may facilitate rebuilding
of canary rockfish and ease the negative impact on industry from the
reduced canary rockfish harvest specifications that will likely result
in 2011-2012 from the new stock assessment and rebuilding analysis.
There are no reporting, recordkeeping or other compliance
requirements in the proposed rule.
No Federal rules have been identified that duplicate, overlap, or
conflict with this action.
NMFS issued Biological Opinions under the ESA on August 10,1990,
November 26,1991, August 28,1992, September 27,1993, May 14, 1996, and
December 15, 1999 pertaining to the effects of the Pacific Coast
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River
spring/summer, Snake River fall, upper Columbia River spring, lower
Columbia River, upper Willamette River, Sacramento River winter,
Central Valley spring, California coastal), coho salmon (Central
California coastal, southern Oregon/northern California coastal), chum
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake
River, Ozette Lake), and steelhead (upper, middle and lower Columbia
River, Snake River Basin, upper Willamette River, central California
coast, California Central Valley, south/central California, northern
California, southern California). These biological opinions have
concluded that implementation of the FMP for the Pacific Coast
groundfish fishery was not expected to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS, or result in the destruction or adverse
modification of critical habitat.
NMFS reinitiated a formal section 7 consultation under the ESA in
2005 for both the Pacific whiting midwater trawl fishery and the
groundfish bottom trawl fishery. The December 19, 1999, Biological
Opinion had defined an 11,000 Chinook incidental take threshold for the
Pacific whiting fishery. During the 2005 Pacific whiting season, the
11,000 fish Chinook incidental take threshold was exceeded, triggering
reinitiation. Also in 2005, new data from the West Coast Groundfish
Observer Program became available, allowing NMFS to complete an
analysis of salmon take in the bottom trawl fishery.
NMFS prepared a Supplemental Biological Opinion dated March 11,
2006, which addressed salmon take in both the Pacific whiting midwater
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental
Biological Opinion, NMFS concluded that catch rates of salmon in the
2005 whiting fishery were consistent with expectations considered
during prior consultations. Chinook bycatch has averaged about 7,300
fish over the last 15 years and has only occasionally exceeded the
reinitiation trigger of 11,000 fish.
Since 1999, annual Chinook bycatch has averaged about 8,450 fish.
The Chinook ESUs most likely affected by the whiting fishery has
generally improved in status since the 1999 section 7 consultation.
Although these species remain at risk, as indicated by their ESA
listing, NMFS concluded that the higher observed bycatch in 2005 does
not require a reconsideration of its prior ``no jeopardy'' conclusion
with respect to the fishery. For the groundfish bottom trawl fishery,
NMFS concluded that incidental take in the groundfish fisheries is
within the overall limits articulated in the Incidental Take Statement
of the 1999 Biological Opinion. The groundfish bottom trawl limit from
that opinion was 9,000 fish annually. NMFS will continue to monitor and
collect data to analyze take levels. NMFS also reaffirmed its prior
determination that implementation of the Groundfish FMP is not likely
to jeopardize the continued existence of any of the affected ESUs.
Lower Columbia River coho (70 FR 37160, June 28, 2005) were
recently listed and Oregon Coastal coho (73 FR 7816, February 11, 2008)
were recently relisted as threatened under the ESA. The 1999 biological
opinion concluded that the bycatch of salmonids in the Pacific whiting
fishery were almost entirely Chinook salmon, with little or no bycatch
of coho, chum, sockeye, and steelhead. The Southern Distinct Population
Segment (DPS) of green sturgeon (71 FR 17757, April 7, 2006) were also
recently listed as threatened under the ESA. As a consequence, NMFS has
reinitiated its Section 7 consultation on the PFMC's Groundfish FMP.
After reviewing the available information, NMFS concluded that, in
keeping with Sections 7(a) (2) and 7(d) of the ESA, the proposed action
would not result in any irreversible or irretrievable commitment of
resources that would have the effect of foreclosing the formulation or
implementation of any reasonable and prudent alternative measures.
With regards to marine mammals, sea turtles, and seabirds, we are
reviewing the available data on fishery interactions and have entered
into pre-consultation with the United States Fish and Wildlife Service,
NMFS and other Federal agencies. In additions, we have begun
discussions with Council staff on the process to address the concerns,
if any, that arise from our review of the data.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the FMP. Under the Magnuson-Stevens Act at 16
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council
must be a representative of an Indian tribe with federally recognized
fishing rights from the area of the Council's jurisdiction.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: September 8, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be 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. and 16 U.S.C. 773 et seq.
2. Tables 2a and 2c to part 660, subpart G, and footnotes ``/k''
and ``/r'' are revised to read as follows:
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* * * * *
/k A petrale sole stock assessment was prepared for 2005. In 2005
the petrale sole stock was estimated to be at 32 percent of its
unfished biomass coastwide (34 percent in the northern assessment area
and 29 percent in the southern assessment area). The 2010 ABC of 2,751
mt is based on the 2005 assessment with a F40% FMSY proxy. To derive
the 2010 OY, the 40 10 harvest policy was applied to the ABC for both
the northern and southern assessment areas. As a precautionary measure,
an additional 25 percent reduction was made in the OY contribution for
the southern area due to assessment uncertainty. As another
precautionary measure, an additional 1,200 mt reduction was made in the
coastwide OY due to preliminary results of the more pessimistic 2009
stock assessment. The coastwide OY is 1,193 mt in 2010.
* * * * *
/r A canary rockfish stock assessment was completed in 2007 and the
stock was estimated to be at 32.7 percent of its unfished biomass
coastwide in 2007. The coastwide ABC of 940 mt is based on a FMSY proxy
of F50%. The OY of 105 mt is based on a rebuilding plan with a target
year to rebuild of 2021 and a SPR harvest rate of 88.7 percent. An OY
of 44 mt or 85 mt would be based on a new rebuilding analysis to be
considered in November 2009.
* * * * *
3. Beginning November 1, 2009, Tables 3 (North) and 3 (South) to
part 660, subpart G are revised to read as follows:
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* * * * *
4. Beginning January 1, 2010, Tables 3 (North) and 3 (South) to
part 660, subpart G are revised to read as follows:
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[FR Doc. E9-21960 Filed 9-10-09; 8:45 am]
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