Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Correction, 67032-67042 [2010-27536]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 210 (Monday, November 1, 2010)]
[Rules and Regulations]
[Pages 67032-67042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100212086-0354-04]
RIN 0648-AY68


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Amendments 20 and 21; Trawl Rationalization Program; 
Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: This final rule corrects trip limits for commercial groundfish 
fisheries through the end of 2010 to reflect recent changes that were 
implemented on October 4, 2010. This final rule is necessary to ensure 
that the correct trip limit tables remain effective after November 1, 
2010.

DATES: This rule is effective November 1, 2010.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2010, NMFS published a final rule (75 FR 32994, 
100212086-0354-04) that implemented certain key components necessary 
for issuance of permits and endorsements in time for use in the 2011 
fishery and in order to have the 2011 specifications reflect the new 
allocation scheme (the ``Initial Issuance Final Rule''). In addition, 
that rule restructured the entire Pacific Coast groundfish regulations 
to more closely track the organization of the proposed management 
measures and to make the total groundfish regulations more clear.
    On October 4, 2010, NMFS published inseason adjustments, effective 
October 1, 2010, to commercial trip limits that were recommended by the 
Pacific Fishery Management Council (Council) at its September 10-16, 
2010 meeting in Boise, ID. These changes in the trip limit tables 
included increases for the remainder of the year to bimonthly 
cumulative limits in the limited entry trawl commercial fisheries off 
Washington, Oregon, and California, and reductions to daily trip limits 
(DTL) for sablefish in the limited entry fixed gear and open access 
commercial fisheries south of 36[deg] N. lat.
    The trip limit tables that published in the October 1, 2010, 
initial issuance final rule did not include the October 4, 2010, 
inseason changes to commercial trip limits. Without action to correct 
the trip limit tables in the initial issuance final rule, the inseason 
adjustments in the October 4, 2010, inseason final rule will be undone 
on November 1, 2010, when the initial issuance final rule becomes 
final.
    Accordingly, this final rule corrects the trip limit tables in the 
trawl fishery for sablefish, shortspine and longspine thornyheads, 
Dover sole, arrowtooth flounder and other flatfish (Table 1 North and 
Table 1 South to Part 660, Subpart D) consistent with the October 4, 
2010, inseason changes. This final rule also corrects the trip limit 
tables in the limited entry fishery south of 36[deg] N. lat. (Table 2 
South to Part 660, Subpart E) and open access fisheries (Table 3 South 
to Part 660, Subpart F) south of 36[deg] N. lat. for sablefish 
consistent with October 4, 2010 inseason changes.

Classification

    For the following reasons, NMFS finds good cause to waive prior 
notice and comment and the 30-day delay in effectiveness pursuant to 5 
U.S.C. 553 so that this correction is effective on November 1, 2010, 
concurrent with the October 1, 2010, initial issuance final rule (75 FR 
32994).
    The correction to the trip limit tables in the limited entry trawl 
fishery must

[[Page 67033]]

be implemented in a timely manner to allow fishermen an opportunity to 
achieve the 2010 OYs specified for sablefish, longspine and shortspine 
thornyheads, Dover sole, arrowtooth flounder, other flatfish, and slope 
rockfish. Increases are necessary to relieve a restriction by allowing 
fishermen increased opportunities to harvest available healthy stocks 
while staying within the OYs for all species. These corrections must be 
implemented in a timely manner, as quickly as possible, so that 
fishermen are allowed consistent, increased opportunities to harvest 
available healthy stocks and meet the objective of the Pacific Coast 
Groundfish FMP to allow fisheries to approach, but not exceed, OYs.
    Corrections to restrict cumulative limits in the limited entry 
fixed gear and open access sablefish DTL fishery are needed to prevent 
the 2010 sablefish OY in the area South of 36[deg] N. lat. from being 
exceeded and prevent premature closure of fisheries that take 
sablefish. This correction must be implemented in a timely manner by 
November 1, 2010. Failure to correct the October 4, 2010, trip limit 
restrictions by November 1, 2010, would risk premature closure of 
fisheries that are important to coastal communities, which would fail 
to meet the objectives of the Pacific Coast Groundfish FMP to allow for 
year round fishing opportunities to provide community stability.
    These corrections are needed to keep the harvest of groundfish 
species within the harvest levels projected for 2010, while allowing 
fishermen access to healthy stocks. Without these measures in place, 
the fisheries could risk exceeding harvest levels, causing early and 
unanticipated fishery closures and economic harm to fishing 
communities. Delaying this correction would put management measures in 
place that are not based on the best available data and that could lead 
to early closures of the fishery if harvest of groundfish exceeds 
levels projected for 2010. Such delay would impair achievement of one 
of the Pacific Coast Groundfish FMP objectives of providing for year-
round harvest opportunities or extending fishing opportunities as long 
as practicable during the fishing year.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: October 27, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

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For the reasons set out in the preamble, 50 CFR Chapter VI 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. and 16 U.S.C. 7001 et seq.


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2. Table 1 (North) and Table 1 (South) to part 660, subpart D are 
revised to read as follows:
BILLING CODE 4160-01-P

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3. Table 2 (South) to part 660, subpart E is revised to read as 
follows:

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4. Table 3 (South) to part 660, subpart F is revised to read as 
follows:

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[FR Doc. 2010-27536 Filed 10-29-10; 8:45 am]
BILLING CODE 3510-22-C