Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 55468-55481 [E9-25984]
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations
lands, and ceded lands. These rules
responded to tribal requests for Service
recognition of tribal authority to
regulate hunting under established
guidelines. These rules allowed the
establishment of season dates and bag
limits and, thus, harvest at levels
compatible with populations and
habitat conditions. The early-season
rule, which published September 2,
2009 (74 FR 45343), with an effective
date of September 1, 2009, correctly
included band-tailed pigeon and
mourning dove season dates and bag
limits in its regulatory text for paragraph
(w) of 50 CFR 20.110, which applies to
hunters on Fort Apache Indian
Reservation lands in Whiteriver,
Arizona. However, the late-season rule,
which published and became effective
on September 25, 2009 (74 FR 49292),
did not properly revise paragraph (w) to
include subsequently determined duck
and Canada goose season dates and bag
limits. This correction revises paragraph
(w) to include duck and Canada goose
season dates and bag limits for the
White Mountain Apache Tribe. The
substance of the regulations remains
unchanged.
Administrative Procedure Act
We find good cause to waive notice
and comment on this correction,
pursuant to 5 U.S.C. 553(b)(3)(B), and
the 30–day delay in effective date
pursuant to 5 U.S.C. 553(d). Notice and
comment are unnecessary because this
rule merely corrects the regulations. The
substance of the regulations remains
unchanged. Therefore, this correction is
being published as a final regulation
and is effective as shown under DATES.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
■
PART 20—[AMENDED]
1. The authority citation for part 20
continues to read as follows:
■
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Authority: Migratory Bird Treaty Act, 40
Stat. 755, 16 U.S.C. 703-712; Fish and
Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub.
L. 106-108, 113 Stat. 1491, Note Following 16
U.S.C. 703.
(Note: The following hunting
regulations provided for by 50 CFR
20.110 will not appear in the Code of
Federal Regulations because of their
seasonal nature).
■ 2. Amend § 20.110 by revising
paragraph (w) to read as follows:
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14:04 Oct 27, 2009
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§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
*
*
*
*
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
*
(w) White Mountain Apache Tribe, Fort
Apache Indian Reservation, Whiteriver,
Arizona (Tribal Members and Nontribal
Hunters).
50 CFR Part 660
Band-tailed Pigeons (Wildlife
Management Unit 10 and areas south of
Y–70 and Y–10 in Wildlife Management
Unit 7, only)
Season Dates: Open September 1
through September 15, 2009.
Daily Bag and Possession Limits:
Three and six pigeons, respectively.
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
Mourning Doves (Wildlife Management
Unit 10 and areas south of Y–70 and Y–
10 in Wildlife Management Unit 7, only)
Season Dates: Open September 1
through September 15, 2009.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Ducks
Scaup Season Dates: Open October
10, 2009, through December 6, 2009.
Season Dates: Open October 10, 2009,
through January 24, 2010.
Daily Bag Limit: Seven ducks,
including no more than two hen
mallards, three scaup (when the season
is open), two redheads, one canvasback,
and two pintail.
Canada Geese
Season Dates: Open October 10, 2009,
through January 24, 2010.
Daily Bag Limit: Three Canada geese
per day.
General Conditions: All nontribal
hunters hunting band-tailed pigeons
and mourning doves on Reservation
lands must have in their possession a
valid White Mountain Apache Daily or
Yearly Small Game Permit. In addition
to a small game permit, all nontribal
hunters hunting band-tailed pigeons
must have in their possession a White
Mountain Special Band-tailed Pigeon
Permit. Other special regulations
established by the White Mountain
Apache Tribe apply on the reservation.
Possession limits are twice the daily bag
limits. Tribal and nontribal hunters will
comply with all basic Federal migratory
bird hunting regulations in 50 CFR Part
20 regarding shooting hours and manner
of taking.
*
*
*
*
*
Dated: October 21, 2009
Sara Prigan,
Federal Register Liaison.
[FR Doc. E9–25932 Filed 10–27–09; 8:45 am]
BILLING CODE 4310–55–S
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[Docket No. 0809121213–9221–02]
RIN 0648–AY30
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason
adjustments to biennial groundfish
management measures; request for
comments.
SUMMARY: This final rule announces
inseason changes to management
measures in the commercial Pacific
Coast groundfish fisheries. These
actions, which are authorized by the
Pacific Coast Groundfish Fishery
Management Plan (FMP), are intended
to allow fisheries to access more
abundant groundfish stocks while
protecting overfished and depleted
stocks.
DATES: Effective 0001 hours (local time)
October 28, 2009 through December 31,
2009. Comments on this final rule must
be received no later than 5 p.m., local
time on November 27, 2009.
ADDRESSES: You may submit comments,
identified by RIN 0648–AX96 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 Regional
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070, Attn: Gretchen
Arentzen.
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. 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.
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments 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/.
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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). This final
rule was subsequently amended by
inseason actions on April 27, 2009 (74
FR 19011) and July 6, 2009 (74 FR
31874). 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 September 12–17, 2009,
meeting in Foster City, California. The
Council recommended adjustments to
current groundfish management
measures to respond to updated fishery
information and other inseason
management needs. The projected
impacts to three of the seven overfished
species (canary and darkblotched
rockfishes and Pacific ocean perch) will
increase slightly with the adjustments to
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the cumulative limits in the limited
entry non-whiting trawl fishery north of
40° 10.00’ N. lat. and with the
adjustments to the cumulative limits in
the limited entry fixed gear and open
access fisheries for deeper nearshore
rockfish south of 40° 10.00’ N. lat. These
impacts, however, when combined with
the impacts from all other fisheries, are
not projected to exceed the 2009
rebuilding OYs for these species. The
other adjustments to fishery
management measures are 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 Non-Whiting Trawl
Fishery Management Measures
The most recently available fishery
information indicates that catches of
sablefish and arrowtooth flounder are
lower than previously projected.
Sablefish and arrowtooth flounder are
both healthy target species that are
caught coastwide. Based on the most
recent fishery information (dated
August 31, 2009), catch projections
through the end of 2009 indicate that,
absent regulatory changes, only 3,004
mt of the 3,280 mt sablefish allocation
would be harvested and less than 50
percent of the 2009 arrowtooth flounder
OY of 11,267 mt would be harvested.
The Council considered options for
changes to management measures to
allow additional access to sablefish and
to reduce discarding of arrowtooth
flounder in the limited entry nonwhiting trawl fishery.
The Council also made a final
recommendation for reducing catches of
petrale sole in November and December
2009 as interim management measures,
as a result of a new, more pessimistic
stock assessment. See the proposed rule
at 74 FR 46714 (September 11, 2009).
These measures, which will reduce
cumulative limits for petrale sole and
expand the RCA during period 6
(November-December), will be
implemented in a separate rulemaking,
after consideration of public comments
received on the proposed rule. Reducing
catches of petrale sole in 2009 is
projected to reduce impacts to cooccurring overfished species
(darkblotched rockfish and Pacific
Ocean perch).
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Reducing fishing opportunities for
petrale sole is anticipated to reduce
impacts to darkblotched rockfish, an
overfished species that is part of the
slope rockfish complex. With the
reduced catch of petrale sole and absent
any other action, only 92 mt of the 1160
mt slope rockfish complex northern OY
was projected to be caught through the
end of the year. In order to provide
some additional fishing opportunities,
given the severe restrictions being
implemented for petrale sole in
November-December, the Council
considered increasing trip limits for the
slope rockfish complex. Increases to
slope rockfish trip limits were not
considered for the area south of 38 N.
lat. because the southern trip limit is
much larger and vessels have not been
attaining that limit under status quo
conditions.
The modest increases to slope fishing
activities, including slope rockfish trip
limits, and sablefish and arrowtooth
flounder trip limits, result in slightly
higher projected impacts to Pacific
Ocean perch (approximately 0.7 mt
higher) and darkblotched rockfish
(approximately 1.7 mt higher) than were
projected for the limited entry nonwhiting trawl fishery prior to inseason
action. However, even with the slight
increase in impacts for these overfished
species, when combined with the
projected impacts from all other
fisheries, none of the 2009 OYs for these
rebuilding species are projected to be
exceeded.
Therefore, the Council recommended
and NMFS is implementing the
following increases to cumulative limits
on October 28, 2009 through December
31, 2009.: increase sablefish cumulative
limits, caught with large and small
footrope trawl gears north of 40° 10’ N.
lat. and with all trawl gears south of 40°
10’ N. lat., to ‘‘27,000 lb (12,247 kg) per
2 months’’; increase arrowtooth
flounder cumulative trip limits, caught
using large and small footrope gear
North of 40° 10’ N. lat., from ‘‘150,000
lb (6,804 kg) per 2 months’’ to ‘‘180,000
lb (81,647 kg) per 2 months’’; increase
slope rockfish cumulative limits, caught
with all trawl gears north of 40° 10’ N.
lat., from ‘‘1,500 lb (680 kg) per 2
months’’ to ‘‘4,000 lb (1,814 kg) per 2
months’’; and increase slope rockfish
cumulative limits, caught with all trawl
gears between 40° 10’ N. lat. and 38 N.
lat. from ‘‘10,000 lb (4,536° kg) per 2
months’’ to ‘‘15,000 lb (6,804 kg) per 2
months’’ in period 5 (SeptemberOctober) and from ‘‘15,000 lb (6,804 kg)
per 2 months’’ to ‘‘18,000 lb (8,165 kg)
per 2 months’’ in period 6 (NovemberDecember).
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Limited Entry Fixed Gear and Open
Access Fishery Management Measures
Deeper Nearshore Trip Limits South of
40° 10.00’ N. lat.
South of 40° 10’ N. lat., the deeper
nearshore trip limit is comprised of
black rockfish, blue rockfish and deeper
nearshore rockfish complex species. At
their September meeting, the Council
considered increasing the deeper
nearshore trip limits to allow industry
to land additional catch of these species
and complexes because projected
catches through the end of the year are
much lower than their respective
harvest guidelines (HGs). The Council
considered how increases in this bimonthly cumulative limit would affect
the harvest level of the target species, as
well as the potential for increased catch
of co-occurring overfished species.
Black rockfish is a nearshore rockfish
species that was assessed in 2007 as two
separate stocks, and therefore the
harvest specifications are divided at the
Washington/Oregon border (46° 16.00’
N. lat.). The 2009 black rockfish OY for
the area south of 46° 16.00’ N. lat. is
1,000 mt. The increase that the Council
considered for deeper nearshore
rockfish trip limits is not expected to
exceed the 2009 black rockfish
California harvest guideline of 420 mt.
The first blue rockfish stock
assessment on the west coast was
conducted in 2007 for the portion of the
stock occurring in waters off California
north of Pt. Conception (36° N. lat.).
California manages blue rockfish as part
of the minor nearshore rockfish
complex, but with a species specific
harvest guideline. Potential increases in
blue rockfish landings as a result of
increasing the deeper nearshore trip
limits are not expected to exceed
California’s 2009 blue rockfish harvest
guideline of 220 mt.
The trip limit increase that the
Council considered for the deeper
nearshore rockfish complex is not
expected to cause the fishery to exceed
the southern minor nearshore rockfish
OY.
At their September meeting, the
Council considered the most recent
projected impacts to black rockfish, blue
rockfish, and minor nearshore rockfish
(both deeper and shallow nearshore) in
the commercial non-trawl fisheries off
the California coast through the rest of
the year. The Council considered
increases to the deeper nearshore
rockfish trip limits south of 40° 10’ N.
lat. to allow additional harvest of these
target stocks, and took into account the
potential impacts to overfished species.
The modest increases to deeper
nearshore rockfish trip limits result in
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slightly higher projected impacts to
canary rockfish than were projected for
the southern non-trawl commercial
fishery prior to inseason action.
However, even with the slight increase
in impacts for this overfished species,
when combined with the projected
impacts from all other fisheries, the
2009 OY for canary rockfish, a
rebuilding species, is not projected to be
exceeded.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for deeper nearshore rockfish in
the limited entry fixed gear and open
access fishery south of 40° 10.00’ N. lat.:
from either ‘‘600 lb (272 kg) per 2
months’’ or ‘‘700 lb (318 kg) per 2
months’’ to ‘‘800 lb (36°3 kg) per 2
months’’ beginning on October 28, 2009
through December 31, 2009..
Limited Entry Fixed Gear 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. The Council recommended
and NMFS implemented a
precautionary adjustment that
moderately raised the daily, weekly and
bi-monthly trip limits for sablefish in
this fishery on May 1, 2009 (74 FR
19011). At their June meeting the
Council recommended and NMFS
implemented a second precautionary
adjustment that modestly increased the
bi-monthly limit for July-October (July
6, 2009, 74 FR 31874). At their
September 12–17, 2009 meeting the
Council considered industry requests to
further increase trip limits in this
fishery. The best and most recently
available fishery information indicates
that, even with the May 1, 2009 and July
6, 2009 inseason adjustments, the entire
sablefish allocation would not be
harvested through the end of the year.
To provide additional harvest
opportunities for this healthy stock, the
Council considered a modest increase to
the weekly limit and two-month
cumulative trip limit and eliminating
the daily limit 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. The Council also
considered that the overall number of
participants is restricted to vessels
registered to a limited entry permit with
the necessary gear endorsement. This
increase in trip limits is not anticipated
to increase projected impacts to
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overfished species, because projected
impacts to overfished species are
calculated assuming that the entire
sablefish allocation is harvested.
Increases in projected impacts to cooccurring target species are not
anticipated to exceed OYs.
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 ‘‘500
lb (227 kg) per day, or 1 landing per
week of up to 1,500 lb (680 kg), not to
exceed 6,000 lb (2,722 kg) per 2
months’’ in period 5 (SeptemberOctober) and from ‘‘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’’ in period 6
(November-December) to ‘‘2,000 lb (907
kg) per week, not to exceed 7,000 lb
(3,175 kg) per 2 months’’ beginning on
October 28, 2009 through December 31,
2009.
Open Access Sablefish DTL Fishery
The most recent catch information
from 2009 fisheries (August 31, 2009)
indicates that catches of sablefish south
of 36° N. lat. are lower than previously
anticipated. Without any changes to
current management measures, catches
in this fishery through the end of the
year are projected to be below the 2009
sablefish allocation. To provide
additional harvest opportunities for this
healthy stock, the Council considered
increasing trip limits for sablefish in
this fishery and the potential impacts on
overall sablefish and overfished species
catch levels. The Council considered
modest increases to the weekly limit
and elimination of the daily trip limit
for sablefish in the limited entry fixed
gear fishery south of 36° N. lat. in order
to approach, but not exceed, the 2009
sablefish OY. Elimination of the daily
limit south of 36° N. lat. was
recommended for the same reasons as
described above for the fishery north of
36° N. lat. Removal of the daily trip
limit in the limited entry fishery south
of 36° N. lat. is not anticipated to cause
the fishery to exceed the 2009 sablefish
allocation, for the area, of 351 mt. The
daily limit was put in place when trip
limits were the same for the limited
entry fixed gear fishery and the open
access fishery. The open access fishery
relied on the daily limit to control effort.
That same concern does not exist for a
limited entry fishery. This modest
increase in trip limits and removal of
the daily limit is not anticipated to
increase projected impacts to overfished
species, because projected impacts to
overfished species are calculated
assuming that the entire sablefish
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allocation is harvested. Increases in
projected impacts to co-occurring target
species are not anticipated to exceed
OYs.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the limited entry fixed gear
fishery south of 36° N. lat. that increase
sablefish DTL fishery limits from ‘‘40°0
lb (181 kg) per day, or 1 landing per
week of up to 1,500 lb (680 kg)’’ to
‘‘3,000 lb (1,36°1 kg) per week’’
beginning on October 28, 2009 through
December 31, 2009.
The most recent catch information
from 2009 fisheries (August 31, 2009)
indicates that catches of sablefish south
of 36° N. lat. are lower than previously
anticipated. Without any changes to
current management measures, catches
in this fishery through the end of the
year are projected to be below the 2009
sablefish allocation. To provide
additional harvest opportunities for this
healthy stock, the Council considered
increasing trip limits for sablefish in
this fishery and the potential impacts on
overall sablefish and overfished species
catch levels. The Council considered
increases to the weekly limit and
eliminating the bi-monthly limits for
sablefish in the open access fishery in
order to approach, but not exceed, the
2009 sablefish OY. 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 an increase
for the open access fishery trip limits
south of 36° N. lat. that changes
sablefish limits from ‘‘40°0 lb (181 kg)
per day, or 1 landing per week of up to
1,500 lb (680 kg), not to exceed 8,000 lb
(3,629 kg) per 2 months’’ to ‘‘40°0 lb
(181 kg) per day, or 1 landing per week
of up to 2,500 lb (1,134 kg) beginning on
October 28, 2009 through December 31,
2009.
Classification
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These actions are taken under the
authority of 50 CFR 660.370(c) and are
exempt from review under Executive
Order 12866.
These inseason adjustments are taken
under the authority of the MagnusonStevens Fishery Conservation and
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Management Act (Magnuson-Stevens
Act), and are in accordance with 50 CFR
part 660, the regulations implementing
the FMP. These actions are based on the
most recent data available. The
aggregate data upon which these actions
are based are available for public
inspection at the Office of the
Administrator, Northwest Region,
NMFS, (see ADDRESSES) during business
hours.
For the following reasons, NMFS
finds good cause to waive prior public
notice and comment on the revisions to
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 quickly as possible in
October.
The recently available data upon
which these recommendations were
based was provided to the Council, and
the Council made its recommendations,
at its September 12–17, 2009, meeting in
Foster City, California. The Council
recommended that these changes be
implemented on or as close as possible
to October 15, 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 to
allow fishermen an opportunity to
harvest higher limits in 2009 for
arrowtooth flounder, slope rockfish,
sablefish, deeper nearshore rockfish,
black rockfish, and blue rockfish in the
last two fishing periods of the year
(September-October and NovemberDecember).
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Increases to cumulative limits for:
sablefish in the limited entry trawl
fishery, the limited entry fixed gear
fishery, and the open access fishery;
arrowtooth flounder and slope rockfish
in the limited entry trawl fishery; and
blue rockfish, black rockfish and deeper
nearshore rockfish in the limited entry
fixed gear fishery and the open access
fishery allow 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, as early as possible in October
2009, so that fishermen are allowed
increased opportunities to harvest
available healthy stocks at the end of the
fishing year, 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 in October allows
additional harvest in fisheries that are
important to coastal communities.
Delaying these changes would keep
management measures in place that are
not based on the best available data,
which could deny fishermen access to
available harvest. Such delay would
impair achievement of the Pacific Coast
Groundfish FMP objective of
approaching, but not exceeding, OYs.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: October 22, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
■
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
is revised to read as follows:
■
Authority: 16 U.S.C. 1801 et seq. and 16
USC 773 et seq.
2. Tables 3 (North), 3 (South), 4
(North), 4 (South), and 5 (South) to part
660, subpart G are revised to read as
follows:
■
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[FR Doc. E9–25984 Filed 10–27–09; 8:45 am]
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations
Agencies
[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Rules and Regulations]
[Pages 55468-55481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25984]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0809121213-9221-02]
RIN 0648-AY30
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule announces inseason changes to management
measures in the commercial Pacific Coast groundfish fisheries. These
actions, which are authorized by the Pacific Coast Groundfish Fishery
Management Plan (FMP), are intended to allow fisheries to access more
abundant groundfish stocks while protecting overfished and depleted
stocks.
DATES: Effective 0001 hours (local time) October 28, 2009 through
December 31, 2009. Comments on this final rule must be received no
later than 5 p.m., local time on November 27, 2009.
ADDRESSES: You may submit comments, identified by RIN 0648-AX96 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 Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn:
Gretchen Arentzen.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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.
[[Page 55469]]
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments 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). This final rule was subsequently amended by
inseason actions on April 27, 2009 (74 FR 19011) and July 6, 2009 (74
FR 31874). 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 September 12-17, 2009, meeting in Foster
City, California. The Council recommended adjustments to current
groundfish management measures to respond to updated fishery
information and other inseason management needs. The projected impacts
to three of the seven overfished species (canary and darkblotched
rockfishes and Pacific ocean perch) will increase slightly with the
adjustments to the cumulative limits in the limited entry non-whiting
trawl fishery north of 40[deg] 10.00' N. lat. and with the adjustments
to the cumulative limits in the limited entry fixed gear and open
access fisheries for deeper nearshore rockfish south of 40[deg] 10.00'
N. lat. These impacts, however, when combined with the impacts from all
other fisheries, are not projected to exceed the 2009 rebuilding OYs
for these species. The other adjustments to fishery management measures
are 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 Non-Whiting Trawl Fishery Management Measures
The most recently available fishery information indicates that
catches of sablefish and arrowtooth flounder are lower than previously
projected. Sablefish and arrowtooth flounder are both healthy target
species that are caught coastwide. Based on the most recent fishery
information (dated August 31, 2009), catch projections through the end
of 2009 indicate that, absent regulatory changes, only 3,004 mt of the
3,280 mt sablefish allocation would be harvested and less than 50
percent of the 2009 arrowtooth flounder OY of 11,267 mt would be
harvested. The Council considered options for changes to management
measures to allow additional access to sablefish and to reduce
discarding of arrowtooth flounder in the limited entry non-whiting
trawl fishery.
The Council also made a final recommendation for reducing catches
of petrale sole in November and December 2009 as interim management
measures, as a result of a new, more pessimistic stock assessment. See
the proposed rule at 74 FR 46714 (September 11, 2009). These measures,
which will reduce cumulative limits for petrale sole and expand the RCA
during period 6 (November-December), will be implemented in a separate
rulemaking, after consideration of public comments received on the
proposed rule. Reducing catches of petrale sole in 2009 is projected to
reduce impacts to co-occurring overfished species (darkblotched
rockfish and Pacific Ocean perch).
Reducing fishing opportunities for petrale sole is anticipated to
reduce impacts to darkblotched rockfish, an overfished species that is
part of the slope rockfish complex. With the reduced catch of petrale
sole and absent any other action, only 92 mt of the 1160 mt slope
rockfish complex northern OY was projected to be caught through the end
of the year. In order to provide some additional fishing opportunities,
given the severe restrictions being implemented for petrale sole in
November-December, the Council considered increasing trip limits for
the slope rockfish complex. Increases to slope rockfish trip limits
were not considered for the area south of 38 N. lat. because the
southern trip limit is much larger and vessels have not been attaining
that limit under status quo conditions.
The modest increases to slope fishing activities, including slope
rockfish trip limits, and sablefish and arrowtooth flounder trip
limits, result in slightly higher projected impacts to Pacific Ocean
perch (approximately 0.7 mt higher) and darkblotched rockfish
(approximately 1.7 mt higher) than were projected for the limited entry
non-whiting trawl fishery prior to inseason action. However, even with
the slight increase in impacts for these overfished species, when
combined with the projected impacts from all other fisheries, none of
the 2009 OYs for these rebuilding species are projected to be exceeded.
Therefore, the Council recommended and NMFS is implementing the
following increases to cumulative limits on October 28, 2009 through
December 31, 2009.: increase sablefish cumulative limits, caught with
large and small footrope trawl gears north of 40[deg] 10' N. lat. and
with all trawl gears south of 40[deg] 10' N. lat., to ``27,000 lb
(12,247 kg) per 2 months''; increase arrowtooth flounder cumulative
trip limits, caught using large and small footrope gear North of
40[deg] 10' N. lat., from ``150,000 lb (6,804 kg) per 2 months'' to
``180,000 lb (81,647 kg) per 2 months''; increase slope rockfish
cumulative limits, caught with all trawl gears north of 40[deg] 10' N.
lat., from ``1,500 lb (680 kg) per 2 months'' to ``4,000 lb (1,814 kg)
per 2 months''; and increase slope rockfish cumulative limits, caught
with all trawl gears between 40[deg] 10' N. lat. and 38 N. lat. from
``10,000 lb (4,536[deg] kg) per 2 months'' to ``15,000 lb (6,804 kg)
per 2 months'' in period 5 (September-October) and from ``15,000 lb
(6,804 kg) per 2 months'' to ``18,000 lb (8,165 kg) per 2 months'' in
period 6 (November-December).
[[Page 55470]]
Limited Entry Fixed Gear and Open Access Fishery Management Measures
Deeper Nearshore Trip Limits South of 40[deg] 10.00' N. lat.
South of 40[deg] 10' N. lat., the deeper nearshore trip limit is
comprised of black rockfish, blue rockfish and deeper nearshore
rockfish complex species. At their September meeting, the Council
considered increasing the deeper nearshore trip limits to allow
industry to land additional catch of these species and complexes
because projected catches through the end of the year are much lower
than their respective harvest guidelines (HGs). The Council considered
how increases in this bi-monthly cumulative limit would affect the
harvest level of the target species, as well as the potential for
increased catch of co-occurring overfished species.
Black rockfish is a nearshore rockfish species that was assessed in
2007 as two separate stocks, and therefore the harvest specifications
are divided at the Washington/Oregon border (46[deg] 16.00' N. lat.).
The 2009 black rockfish OY for the area south of 46[deg] 16.00' N. lat.
is 1,000 mt. The increase that the Council considered for deeper
nearshore rockfish trip limits is not expected to exceed the 2009 black
rockfish California harvest guideline of 420 mt.
The first blue rockfish stock assessment on the west coast was
conducted in 2007 for the portion of the stock occurring in waters off
California north of Pt. Conception (36[deg] N. lat.). California
manages blue rockfish as part of the minor nearshore rockfish complex,
but with a species specific harvest guideline. Potential increases in
blue rockfish landings as a result of increasing the deeper nearshore
trip limits are not expected to exceed California's 2009 blue rockfish
harvest guideline of 220 mt.
The trip limit increase that the Council considered for the deeper
nearshore rockfish complex is not expected to cause the fishery to
exceed the southern minor nearshore rockfish OY.
At their September meeting, the Council considered the most recent
projected impacts to black rockfish, blue rockfish, and minor nearshore
rockfish (both deeper and shallow nearshore) in the commercial non-
trawl fisheries off the California coast through the rest of the year.
The Council considered increases to the deeper nearshore rockfish trip
limits south of 40[deg] 10' N. lat. to allow additional harvest of
these target stocks, and took into account the potential impacts to
overfished species. The modest increases to deeper nearshore rockfish
trip limits result in slightly higher projected impacts to canary
rockfish than were projected for the southern non-trawl commercial
fishery prior to inseason action. However, even with the slight
increase in impacts for this overfished species, when combined with the
projected impacts from all other fisheries, the 2009 OY for canary
rockfish, a rebuilding species, is not projected to be exceeded.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for deeper nearshore rockfish in the limited entry fixed
gear and open access fishery south of 40[deg] 10.00' N. lat.: from
either ``600 lb (272 kg) per 2 months'' or ``700 lb (318 kg) per 2
months'' to ``800 lb (36[deg]3 kg) per 2 months'' beginning on October
28, 2009 through December 31, 2009..
Limited Entry Fixed Gear 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. The Council recommended and NMFS implemented a
precautionary adjustment that moderately raised the daily, weekly and
bi-monthly trip limits for sablefish in this fishery on May 1, 2009 (74
FR 19011). At their June meeting the Council recommended and NMFS
implemented a second precautionary adjustment that modestly increased
the bi-monthly limit for July-October (July 6, 2009, 74 FR 31874). At
their September 12-17, 2009 meeting the Council considered industry
requests to further increase trip limits in this fishery. The best and
most recently available fishery information indicates that, even with
the May 1, 2009 and July 6, 2009 inseason adjustments, the entire
sablefish allocation would not be harvested through the end of the
year. To provide additional harvest opportunities for this healthy
stock, the Council considered a modest increase to the weekly limit and
two-month cumulative trip limit and eliminating the daily limit 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. The Council
also considered that the overall number of participants is restricted
to vessels registered to a limited entry permit with the necessary gear
endorsement. 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. Increases in projected impacts to
co-occurring target species are not anticipated to exceed OYs.
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 ``500 lb (227
kg) per day, or 1 landing per week of up to 1,500 lb (680 kg), not to
exceed 6,000 lb (2,722 kg) per 2 months'' in period 5 (September-
October) and from ``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'' in period 6 (November-December) to ``2,000 lb (907 kg) per
week, not to exceed 7,000 lb (3,175 kg) per 2 months'' beginning on
October 28, 2009 through December 31, 2009.
Open Access Sablefish DTL Fishery
The most recent catch information from 2009 fisheries (August 31,
2009) indicates that catches of sablefish south of 36[deg] N. lat. are
lower than previously anticipated. Without any changes to current
management measures, catches in this fishery through the end of the
year are projected to be below the 2009 sablefish allocation. To
provide additional harvest opportunities for this healthy stock, the
Council considered increasing trip limits for sablefish in this fishery
and the potential impacts on overall sablefish and overfished species
catch levels. The Council considered modest increases to the weekly
limit and elimination of the daily trip limit for sablefish in the
limited entry fixed gear fishery south of 36[deg] N. lat. in order to
approach, but not exceed, the 2009 sablefish OY. Elimination of the
daily limit south of 36[deg] N. lat. was recommended for the same
reasons as described above for the fishery north of 36[deg] N. lat.
Removal of the daily trip limit in the limited entry fishery south of
36[deg] N. lat. is not anticipated to cause the fishery to exceed the
2009 sablefish allocation, for the area, of 351 mt. The daily limit was
put in place when trip limits were the same for the limited entry fixed
gear fishery and the open access fishery. The open access fishery
relied on the daily limit to control effort. That same concern does not
exist for a limited entry fishery. This modest increase in trip limits
and removal of the daily limit is not anticipated to increase projected
impacts to overfished species, because projected impacts to overfished
species are calculated assuming that the entire sablefish
[[Page 55471]]
allocation is harvested. Increases in projected impacts to co-occurring
target species are not anticipated to exceed OYs.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for the limited entry fixed gear fishery south of 36[deg]
N. lat. that increase sablefish DTL fishery limits from ``40[deg]0 lb
(181 kg) per day, or 1 landing per week of up to 1,500 lb (680 kg)'' to
``3,000 lb (1,36[deg]1 kg) per week'' beginning on October 28, 2009
through December 31, 2009.
The most recent catch information from 2009 fisheries (August 31,
2009) indicates that catches of sablefish south of 36[deg] N. lat. are
lower than previously anticipated. Without any changes to current
management measures, catches in this fishery through the end of the
year are projected to be below the 2009 sablefish allocation. To
provide additional harvest opportunities for this healthy stock, the
Council considered increasing trip limits for sablefish in this fishery
and the potential impacts on overall sablefish and overfished species
catch levels. The Council considered increases to the weekly limit and
eliminating the bi-monthly limits for sablefish in the open access
fishery in order to approach, but not exceed, the 2009 sablefish OY.
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 an
increase for the open access fishery trip limits south of 36[deg] N.
lat. that changes sablefish limits from ``40[deg]0 lb (181 kg) per day,
or 1 landing per week of up to 1,500 lb (680 kg), not to exceed 8,000
lb (3,629 kg) per 2 months'' to ``40[deg]0 lb (181 kg) per day, or 1
landing per week of up to 2,500 lb (1,134 kg) beginning on October 28,
2009 through December 31, 2009.
Classification
These actions are taken under the authority of 50 CFR 660.370(c)
and are exempt from review under Executive Order 12866.
These inseason adjustments are taken under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and are in accordance with 50 CFR part 660, the
regulations implementing the FMP. These actions are based on the most
recent data available. The aggregate data upon which these actions are
based are available for public inspection at the Office of the
Administrator, Northwest Region, NMFS, (see ADDRESSES) during business
hours.
For the following reasons, NMFS finds good cause to waive prior
public notice and comment on the revisions to 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 quickly as possible in October.
The recently available data upon which these recommendations were
based was provided to the Council, and the Council made its
recommendations, at its September 12-17, 2009, meeting in Foster City,
California. The Council recommended that these changes be implemented
on or as close as possible to October 15, 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 to allow
fishermen an opportunity to harvest higher limits in 2009 for
arrowtooth flounder, slope rockfish, sablefish, deeper nearshore
rockfish, black rockfish, and blue rockfish in the last two fishing
periods of the year (September-October and November-December).
Increases to cumulative limits for: sablefish in the limited entry
trawl fishery, the limited entry fixed gear fishery, and the open
access fishery; arrowtooth flounder and slope rockfish in the limited
entry trawl fishery; and blue rockfish, black rockfish and deeper
nearshore rockfish in the limited entry fixed gear fishery and the open
access fishery allow 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, as early
as possible in October 2009, so that fishermen are allowed increased
opportunities to harvest available healthy stocks at the end of the
fishing year, 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 in October allows additional harvest in fisheries that are
important to coastal communities.
Delaying these changes would keep management measures in place that
are not based on the best available data, which could deny fishermen
access to available harvest. Such delay would impair achievement of the
Pacific Coast Groundfish FMP objective of approaching, but not
exceeding, OYs.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: October 22, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 is revised to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 USC 773 et seq.
0
2. Tables 3 (North), 3 (South), 4 (North), 4 (South), and 5 (South) to
part 660, subpart G are revised to read as follows:
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[FR Doc. E9-25984 Filed 10-27-09; 8:45 am]
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