Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery Management Measures, 41383-41388 [2010-17435]

Download as PDF cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations to narrowband technology. Relief arguably is not necessary to avoid an equipment shortage, given that the rules do not prohibit the marketing and sale of existing inventories of 25 kHzcapable equipment after January 1, 2011. Nonetheless, we believe that a temporary waiver of the prohibition on manufacture or import of 25 kHzcapable equipment is appropriate, in order to ensure that necessary equipment remains available during the narrowbanding transition. We therefore grant a blanket waiver of § 90.203(j)(10) until January 1, 2013. 9. Certification of equipment with a 25 kHz mode. With respect to new certifications of equipment capable of operating in 25 kHz mode, however, we conclude that a waiver would not be appropriate. Permitting the continued manufacture and import of existing 25 kHz-capable models is sufficient to ensure that adequate supplies remain available in order to maintain existing systems during the narrowbanding transition. In contrast, there is no convincing evidence or argument upon which to conclude that certifying new types of 25 kHz-capable equipment is necessary for maintaining those systems, or that it would otherwise be in the public interest to expand the range of available 25 kHz-capable equipment as the 12.5 kHz migration deadline approaches. We therefore decline to grant a waiver of § 90.203(j)(4). 10. New or expanded 25 kHz operations. We also deny NPSTC’s request with respect to the deadline in § 90.209(b)(6) for applications for new 25 kHz operations, or modification applications that expand the authorized contour of existing 25 kHz stations. NPSTC argues that prohibiting new or modified 25 kHz licenses will hamper interoperability between systems. The relief requested, however, is much broader, and would permit new or expanded 25 kHz operations for any reason. The interim deadlines were intended to encourage licensees to begin planning and implementing migration to narrowband technology well before January 1, 2013. We conclude that continuing to authorize new or expanded 25 kHz operations after January 1, 2011 generally would be contrary to the public interest, and would otherwise undermine our goals in establishing the narrowbanding transition deadlines in the first instance. As 25 kHz licensees migrate to narrowband technology, spectrum becomes available to other licensees to relieve congestion. We decline to take any action that would leave spectrum encumbered by 25 kHz operations VerDate Mar<15>2010 14:26 Jul 15, 2010 Jkt 220001 longer than necessary. In situations where authorizing new or expanded 25 kHz operations would further the public interest, case-by-case relief may be considered through the waiver process. 11. Certification of equipment lacking a 6.25 kHz mode. Finally, NPSTC argues that requiring applications for equipment certification to specify 6.25 kHz capability as of January 1, 2011 will increase equipment costs with no accompanying benefit for 12.5 kHz or 25 kHz licensees. NPSTC also notes that a public safety interoperability standard for 6.25 kHz operation is still under development, and argues that compelling the purchase of more expensive equipment that may need to be replaced once a standard is adopted would burden public safety resources. NPSTC therefore requests that this requirement be extended to January 1, 2015, which would align it with the deadline requiring manufacturers of 700 MHz public safety band equipment to certify, manufacture, market, and import only equipment with a 6.25 kHz capability. In the Third Report and Order at 72 FR 19387, April 18, 2007, in this proceeding, the Commission agreed with NPSTC and others that it would be premature to take regulatory action toward a migration to 6.25 kHz technology before standards for such equipment are developed. Because the standards still have not been finalized, we agree with NPSTC that the deadline for complying with the 6.25 kHz requirement in § 90.203(j)(5) should be delayed. We do not, however, believe that it is necessary to move this deadline to the same date as the 700 MHz deadline. Because our intent is to avoid any impediment to 150–174 MHz or 421–512 MHz licensees’ migration to 12.5 kHz technology, we grant a waiver of § 90.203(j)(5) only until January 1, 2013. 12. For the aforementioned reasons, we grant the NPSTC request in part and deny it in part. We recognize the concerns of NPSTC and some commenters that enforcing certain interim deadlines as of January 1, 2011 could hamper operations during the final two years of the transition and unnecessarily raise equipment costs. Consequently, we: • Waive until January 1, 2013 the deadline for ceasing manufacture or import of equipment that includes a 25 kHz mode, but deny the request to stay the deadline for prohibiting certification applications for 25 kHz-capable equipment; • Decline to waive the deadline for seeking new or expanded 25 kHz operations; and PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 41383 • Waive until January 1, 2013 the deadline for certifying equipment that is not capable of operating in 6.25 kHz mode. We emphasize our commitment to the January 1, 2013 deadline for migrating to narrowband technology, which the Commission first adopted in 2003 and subsequently affirmed, in order to promote the efficient use of PLMR spectrum and facilitate the introduction of advanced technologies. 13. Accordingly, it is ordered pursuant to sections 4(i), 11, 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), and 303(r), that the Request for Stay filed by the National Public Safety Telecommunications Council on September 29, 2009 is granted in part and denied in part, to the extent set forth above. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2010–17422 Filed 7–15–10; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 090428799–9802–01] RIN 0648–BA05 Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery Management Measures 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 makes inseason adjustments to trawl fishery management measures for petrale sole taken with selective flatfish and multiple trawl gears in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California, North of 40° 10.00’ N. lat. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), is intended to prevent exceeding the 2010 OY for petrale sole. DATES: Effective at 0001 hours local time on July 16, 2010. Comments on this E:\FR\FM\16JYR1.SGM 16JYR1 41384 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations final rule must be received no later than 5 p.m., local time on August 16, 2010. ADDRESSES: You may submit comments, identified by RIN 0648–BA05, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: http:// www.regulations.gov. • Fax:206–526–6736, Attn: Gretchen Hanshew • Mail: William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115–0070, Attn: Gretchen Hanshew. 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 http://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). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region, NMFS), 206–526–6147, fax: 206–526– 6736, gretchen.hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register’s Web site at http:// www.gpoaccess.gov/fr/index.html. Background information and documents are available at the Pacific Fishery Management Council’s (the Council or PFMC) Web site at http:// www.pcouncil.org/. cprice-sewell on DSK8KYBLC1PROD with RULES Background On December 31, 2008, NMFS published a proposed rule to implement the 2009–2010 specifications and management measures for the Pacific Coast groundfish fishery (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), July 6, 2009 (74 FR 31874), October 28, 2009 (74 FR 55468), VerDate Mar<15>2010 14:26 Jul 15, 2010 Jkt 220001 February 26, 2010 (75 FR 8820), May 4, 2010 (75 FR 23620), July 1, 2010 (75 FR 38030). Additional changes to the 2009– 2010 specifications and management measures for petrale sole were made in two final rules: on November 4, 2009 (74 FR 57117), and December 10, 2009 (74 FR 65480). NMFS issued a final rule in response to a duly issued court order on July 8, 2010 (75 FR 39178). These specifications and management measures are at 50 CFR part 660, subpart G. Limited Entry Non-whiting Trawl Fishery Management Measures Changes to the 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 June 11–17, 2010, meeting in Foster City, CA. Among other actions, the Council recommended reducing the bi-monthly cumulative limits for petrale sole in the limited entry non-whiting trawl commercial fisheries to respond to updated fishery information and other inseason management needs. On July 1, 2010, NMFS published a rule (75 FR 38030) that reduced the bi-monthly trip limits for petrale sole coastwide, effective July 1, 2010. The reductions to trip limits are intended to slow catch of petrale sole and stay below the 2010 petrale sole OY, and are described in more detail in the preamble to the July 1, 2010 rule. The July 1, 2010, rule mistakenly omitted reductions to the bi-monthly cumulative limits for petrale sole for vessels using selective flatfish trawl gears and multiple trawl gears North of 40 10.00’ N. lat. This rule reduces the petrale sole bi-monthly trip limits for these gear types, as were recommended by the Council, to keep the projected catch of petrale sole below the 2010 petrale sole OY. These reductions to petrale sole trip limits must be implemented as quickly as possible. Even a short delay in implementation could allow vessels to take the entire two-month limit for period 4 (July-August). These changes are intended to reduce the catch of petrale sole in order to keep the total mortality of petrale sole within its 2010 OY. The reduction to trip limits also slightly reduces the projected impacts to co-occurring overfished species. 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 rebuilding of overfished stocks by remaining within their rebuilding OYs. Based on the considerations outlined above, the Council recommended and NMFS is implementing the following changes to cumulative limits in the limited entry non-whiting trawl fishery North of 40° 10.00’ N. lat.: reduce petrale sole cumulative limits caught with selective flatfish trawl gear and multiple trawl gears from ‘‘9,500 lb (4,309 kg) per 2 months’’ to ‘‘6,300 lb (2,858 kg) per 2 months’’ in JulyDecember. The lower bi-monthly cumulative limit for petrale sole taken with selective flatfish and multiple trawl gears is being implemented during a bimonthly period (See the DATES section). Vessels fishing with selective flatfish or multiple trawl gears that have taken more than 6,300 lb of petrale sole since July 1, 2010, must have begun their landing by the effective date of this rule. Land or landing means ‘‘to begin transfer of fish, offloading fish, or to offload fish from any vessel. Once transfer of fish begins, all fish aboard the vessel are counted as part of the landing.’’ Vessels fishing with selective flatfish or multiple trawl gears that have not already taken at least 6,300 lb of petrale sole since July 1, 2010 may land no more than 6,300 lb of petrale sole (including the amount that has been taken prior to the effective date of this rule) during this two-month period (July-August). Classification This rule makes routine inseason adjustments to groundfish fishery management measures based on the best available information and is taken pursuant to the regulations implementing the Pacific Coast Groundfish FMP. 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 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 E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations cprice-sewell on DSK8KYBLC1PROD with RULES 5 U.S.C. 553(b)(B) because notice and comment would be impracticable and contrary to the public interest. Also, for the same reasons, NMFS finds good cause to waive the 30–day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become effective as quickly as possible. The recently available data upon which these recommendations were based was provided to the Council, and the Council made its recommendations, at its June 11–17, 2010, meeting in Foster City, CA. The Council recommended that these changes be implemented on or as close as possible to July 1, 2010. 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 VerDate Mar<15>2010 14:26 Jul 15, 2010 Jkt 220001 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 decreases to bi-monthly cumulative limits for petrale sole in the limited entry trawl fishery must be implemented in a timely manner to prevent exceeding the 2010 petrale sole OY, and prevent premature closure of fisheries that impact petrale sole. These measures are intended to reduce impacts to petrale sole, a species for which a severely reduced OY was implemented for 2010 (74 FR 65480). These changes must be implemented in a timely manner, as quickly as possible. Bi-monthly cumulative limits cover a two-month period, so if implementation is delayed, then fishermen could harvest the prior higher limit before the revised lower limit is effective. Decreases to cumulative limits for other flatfish and Dover sole in the limited entry trawl fishery have already been implemented. Delaying these changes would keep management measures in place that are PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 41385 not based on the best available data, which could lead to exceeding OYs or early closures of the fishery if harvest of groundfish exceeds levels projected for 2010. 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: July 13, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: ■ PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. Table 3 (North) to part 660, subpart G, is revised to read as follows: ■ BILLING CODE 3510–22–S E:\FR\FM\16JYR1.SGM 16JYR1 VerDate Mar<15>2010 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations 14:26 Jul 15, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4725 E:\FR\FM\16JYR1.SGM 16JYR1 ER16JY10.037</GPH> cprice-sewell on DSK8KYBLC1PROD with RULES 41386 VerDate Mar<15>2010 14:26 Jul 15, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4725 E:\FR\FM\16JYR1.SGM 16JYR1 41387 ER16JY10.038</GPH> cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations 41388 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations [FR Doc. 2010–17435 Filed 7–15–10; 8:45 am] VerDate Mar<15>2010 14:26 Jul 15, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\16JYR1.SGM 16JYR1 ER16JY10.039</GPH> cprice-sewell on DSK8KYBLC1PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41383-41388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17435]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-BA05


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery 
Management Measures

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 makes inseason adjustments to trawl fishery 
management measures for petrale sole taken with selective flatfish and 
multiple trawl gears in the U.S. exclusive economic zone (EEZ) off the 
coasts of Washington, Oregon, and California, North of 40[deg] 10.00' 
N. lat. This action, which is authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP), is intended to prevent 
exceeding the 2010 OY for petrale sole.

DATES: Effective at 0001 hours local time on July 16, 2010. Comments on 
this

[[Page 41384]]

final rule must be received no later than 5 p.m., local time on August 
16, 2010.

ADDRESSES:  You may submit comments, identified by RIN 0648-BA05, by 
any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:206-526-6736, Attn: Gretchen Hanshew
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Gretchen Hanshew.
    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 http://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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region, 
NMFS), 206-526-6147, fax: 206-526-6736, gretchen.hanshew@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's (the Council or PFMC) Web site at http://www.pcouncil.org/.

Background

    On December 31, 2008, NMFS published a proposed rule to implement 
the 2009-2010 specifications and management measures for the Pacific 
Coast groundfish fishery (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), July 6, 2009 (74 FR 31874), October 28, 2009 (74 FR 
55468), February 26, 2010 (75 FR 8820), May 4, 2010 (75 FR 23620), July 
1, 2010 (75 FR 38030). Additional changes to the 2009-2010 
specifications and management measures for petrale sole were made in 
two final rules: on November 4, 2009 (74 FR 57117), and December 10, 
2009 (74 FR 65480). NMFS issued a final rule in response to a duly 
issued court order on July 8, 2010 (75 FR 39178). These specifications 
and management measures are at 50 CFR part 660, subpart G.

Limited Entry Non-whiting Trawl Fishery Management Measures

    Changes to the 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 June 11-17, 2010, meeting in Foster City, CA. Among 
other actions, the Council recommended reducing the bi-monthly 
cumulative limits for petrale sole in the limited entry non-whiting 
trawl commercial fisheries to respond to updated fishery information 
and other inseason management needs. On July 1, 2010, NMFS published a 
rule (75 FR 38030) that reduced the bi-monthly trip limits for petrale 
sole coastwide, effective July 1, 2010. The reductions to trip limits 
are intended to slow catch of petrale sole and stay below the 2010 
petrale sole OY, and are described in more detail in the preamble to 
the July 1, 2010 rule.
    The July 1, 2010, rule mistakenly omitted reductions to the bi-
monthly cumulative limits for petrale sole for vessels using selective 
flatfish trawl gears and multiple trawl gears North of 40 10.00' N. 
lat. This rule reduces the petrale sole bi-monthly trip limits for 
these gear types, as were recommended by the Council, to keep the 
projected catch of petrale sole below the 2010 petrale sole OY.
    These reductions to petrale sole trip limits must be implemented as 
quickly as possible. Even a short delay in implementation could allow 
vessels to take the entire two-month limit for period 4 (July-August). 
These changes are intended to reduce the catch of petrale sole in order 
to keep the total mortality of petrale sole within its 2010 OY. The 
reduction to trip limits also slightly reduces the projected impacts to 
co-occurring overfished species.
    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.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing the following changes to cumulative limits in 
the limited entry non-whiting trawl fishery North of 40[deg] 10.00' N. 
lat.: reduce petrale sole cumulative limits caught with selective 
flatfish trawl gear and multiple trawl gears from ``9,500 lb (4,309 kg) 
per 2 months'' to ``6,300 lb (2,858 kg) per 2 months'' in July-
December.
    The lower bi-monthly cumulative limit for petrale sole taken with 
selective flatfish and multiple trawl gears is being implemented during 
a bi-monthly period (See the DATES section). Vessels fishing with 
selective flatfish or multiple trawl gears that have taken more than 
6,300 lb of petrale sole since July 1, 2010, must have begun their 
landing by the effective date of this rule. Land or landing means ``to 
begin transfer of fish, offloading fish, or to offload fish from any 
vessel. Once transfer of fish begins, all fish aboard the vessel are 
counted as part of the landing.'' Vessels fishing with selective 
flatfish or multiple trawl gears that have not already taken at least 
6,300 lb of petrale sole since July 1, 2010 may land no more than 6,300 
lb of petrale sole (including the amount that has been taken prior to 
the effective date of this rule) during this two-month period (July-
August).

Classification

    This rule makes routine inseason adjustments to groundfish fishery 
management measures based on the best available information and is 
taken pursuant to the regulations implementing the Pacific Coast 
Groundfish FMP.
    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

[[Page 41385]]

5 U.S.C. 553(b)(B) because notice and comment would be impracticable 
and contrary to the public interest. Also, for the same reasons, NMFS 
finds good cause to waive the 30-day delay in effectiveness pursuant to 
5 U.S.C. 553(d)(3), so that this final rule may become effective as 
quickly as possible.
    The recently available data upon which these recommendations were 
based was provided to the Council, and the Council made its 
recommendations, at its June 11-17, 2010, meeting in Foster City, CA. 
The Council recommended that these changes be implemented on or as 
close as possible to July 1, 2010. 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 decreases to bi-monthly cumulative limits for petrale sole in 
the limited entry trawl fishery must be implemented in a timely manner 
to prevent exceeding the 2010 petrale sole OY, and prevent premature 
closure of fisheries that impact petrale sole. These measures are 
intended to reduce impacts to petrale sole, a species for which a 
severely reduced OY was implemented for 2010 (74 FR 65480). These 
changes must be implemented in a timely manner, as quickly as possible. 
Bi-monthly cumulative limits cover a two-month period, so if 
implementation is delayed, then fishermen could harvest the prior 
higher limit before the revised lower limit is effective. Decreases to 
cumulative limits for other flatfish and Dover sole in the limited 
entry trawl fishery have already been implemented.
    Delaying these changes would keep management measures in place that 
are not based on the best available data, which could lead to exceeding 
OYs or early closures of the fishery if harvest of groundfish exceeds 
levels projected for 2010. 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: July 13, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. Table 3 (North) to part 660, subpart G, is revised to read as 
follows:
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[[Page 41388]]


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[FR Doc. 2010-17435 Filed 7-15-10; 8:45 am]
BILLING CODE 3510-22-C