Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery Management Measures, 41383-41388 [2010-17435]
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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
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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
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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
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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: https://
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 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). 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 https://
www.gpoaccess.gov/fr/.
Background information and documents
are available at the Pacific Fishery
Management Council’s (the Council or
PFMC) Web site at https://
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),
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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
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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
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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
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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
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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
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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]
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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]
=======================================================================
-----------------------------------------------------------------------
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: https://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 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). 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 https://www.gpoaccess.gov/fr/.
Background information and documents are available at the Pacific
Fishery Management Council's (the Council or PFMC) Web site at https://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.
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For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES
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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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[FR Doc. 2010-17435 Filed 7-15-10; 8:45 am]
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