Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 38313-38325 [2011-16512]
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
possession limit; and May 22–October
11 and November 1–December 31
fishing seasons for Federal waters. This
alternative provides the lowest
associated economic impacts to small
entities of the measures considered for
Federal waters that also meets the
statutory and regulatory requirements
for the 2011 fishery. Alternative 1 (a
13.0-inch (33.02-cm) minimum fish size,
a 25-fish per person possession limit,
and open season of July 1 through
October 1 and November 1 through
December 31), originally proposed by
NMFS for 2011, was projected to
achieve the conservation objectives for
the 2011 black sea bass fishery;
however, the landings level reduction
imposed by the alternative’s measures is
more restrictive than necessary. The
Alternative 3 measures proposed (12.5inch (31.75-cm) minimum fish size, a
25-fish per person possession limit, and
open seasons of January 1 through
December 31) were not projected to
achieve the necessary reduction in
landings for 2011 and, as such, could
not be implemented by NMFS.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as the small
entity compliance guide was prepared
and will be sent to all holders of Federal
party/charter permits issued for the
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and the small entity
compliance guide are available from
NMFS (see ADDRESSES) and at the
following Web site: https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
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Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
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PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.103, paragraph (b) is
revised to read as follows:
■
§ 648.103
Minimum fish sizes.
*
*
*
*
*
(b) Unless otherwise specified
pursuant to § 648.107, the minimum
size for summer flounder is 18.5 inches
(46.99 cm) TL for all vessels that do not
qualify for a moratorium permit, and
charter boats holding a moratorium
permit if fishing with more than three
crew members, or party boats holding a
moratorium permit if fishing with
passengers for hire or carrying more
than five crew members.
*
*
*
*
*
3. In § 648.107, paragraph (a)
introductory text and paragraph (b) are
revised to read as follows:
■
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2011 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels subject to the recreational
fishing measures of this part and
registered in states whose fishery
management measures are not
determined by the Regional
Administrator to be the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103(b) and 648.105(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season—May 1
through September 30; minimum size—
20.0 inches (50.80 cm); and possession
limit—two fish.
[FR Doc. 2011–16517 Filed 6–29–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
Docket No. 100804324–1265–02]
RIN 0648–BB21
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
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.
AGENCY:
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.
SUMMARY:
Effective 0001 hours (local time)
July 1, 2011. Comments on this final
rule must be received no later than
5 p.m., local time on August 1, 2011.
ADDRESSES: You may submit comments,
identified by RIN 0648–BB21 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: 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
DATES:
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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:
than originally projected through the
end of 2011. Estimated mortality of
overfished and target species are the
result of management measures
designed to achieve, to the extent
possible, but not exceed, ACLs of target
species while fostering the rebuilding of
overfished stocks by remaining within
their rebuilding ACLs.
Electronic Access
Trawl Rockfish Conservation Area
The Council recommended and
NMFS is implementing a shift in the
seaward boundary of the trawl Rockfish
Conservation Area (RCA) for the area
from 48°10′ N. lat. (Cape Alava) to
45°46′ N. lat. (Cape Falcon) by shifting
the seaward boundary of the trawl RCA
boundary from the boundary line
approximating the 200-fm (366-m)
depth contour to the boundary line
approximating the 150-fm (274-m)
depth contour.
In June 2010, the Council
recommended that the trawl RCA
boundaries that were scheduled for the
2010 calendar year, as of June 2010, be
in place for the 2011 start of the
rationalized trawl fishery. Boundaries of
the trawl RCA were left in place as they
existed in 2010 due to the uncertainty
in how the rationalized fishery would
perform. One of the goals of the trawl
rationalization program was to allow
individual accountability to drive
bycatch rates of overfished species
down, and the Council acknowledged
that once fishery information was
available from the rationalized fishery,
adjustments to the trawl RCA
boundaries may be made in the future.
At its March 2011 meeting, the
Council considered changes to the trawl
RCA boundaries after a request from
industry. However, the Council did not
recommend changes due to the limited
amount of fishery information on
landings and bycatch at that time.
At its June 2011 meeting, the Council
considered a different, more limited,
industry request to shift the seaward
boundary of the trawl RCA shoreward to
open some areas for harvesting Dover
sole and sablefish. The Council
carefully weighed the potential risks
and benefits of opening some deeper
areas that are currently closed by the
trawl RCA where the fleet may have
higher encounters with darkblotched
rockfish and Pacific halibut.
The most recent fishery information
on total catch, including discards, of
darkblotched rockfish in the IFQ fishery
indicated that as of June 6, 2011, only
27.3 mt of darkblotched rockfish have
been harvested. In light of the low catch
levels of darkblotched rockfish to date,
opening some deeper areas that are
currently closed by the RCA could
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 Web site 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, subparts C through 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. On
November 3, 2011, NMFS published a
proposed rule to implement the 2011–
2012 harvest specifications and
management measures for the Pacific
Coast groundfish fishery (75 FR 67810).
The final rule to implement the 2011–
2012 harvest specifications and
management measures for the Pacific
Coast Groundfish Fishery was published
on May 11, 2011 (76 FR 27508). These
specifications and management
measures are codified in the CFR
(50 CFR part 660, subparts C through G).
Changes to current groundfish
management measures implemented by
this action were recommended by the
Council at its June 6–13, 2011 meeting
in Spokane, Washington. The Council
recommended adjustments to current
groundfish management measures to
respond to updated fishery information
and other inseason management needs.
The projected impacts to two of the
eight overfished species (canary rockfish
and yelloweye rockfish) will increase
slightly with the adjustments to the
deeper nearshore rockfish limits in the
limited entry fixed gear and open access
fisheries south of 40°10.00′ N. lat.
However, these impacts, when
combined with the impacts from all
other fisheries, are not projected to
exceed the 2011 rebuilding annual catch
limits (ACLs) for these species. All other
adjustments to fishery management
measures are not expected to result in
greater impacts to overfished species
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increase accessibility of some of the
more valuable target resources on the
slope, such as Dover sole and sablefish.
This change to the RCA structure would
also give fishers a chance to
demonstrate the benefits of individual
accountability that they have in the
trawl rationalization program.
The Council acknowledged that as of
June 6, 2011, there was no information
available on catch stratified by the
depths that vessels were fishing. This
information would help inform the
catch levels of overfished species and
how they vary by depth, and could be
informative for decisions on changes to
the RCA. However, the Council noted
that this information is being collected
and processed, and is anticipated to be
available by its September 2011
meeting. The Council also considered
that west coast groundfish observer
program (WCGOP) data on the trip-limit
fishery from 2006–2009 indicated that
the requested change to the seaward
RCA boundary would open areas where
bycatch rates of darkblotched rockfish
have been documented to be higher than
in some other areas.
If a vessel had a large catch of
darkblotched, as seen in WCGOP data
where a single tow could catch more
than 1 mt of darkblotched rockfish, or
of Pacific halibut, fishers may not be
able to cover their catch with their
available quota pounds, and it may force
them to cease fishing until any overage
can be covered. If large tows of
darkblotched rockfish occur several
times and inadequate darkblotched
rockfish quota is available, it could even
mean that fishing opportunities seaward
of the RCA could be in jeopardy for all
of the shorebased non-whiting IFQ
vessels.
The Council also considered
additional factors that supported
making the requested changes to the
trawl RCA boundaries. First, vessels
operating in the IFQ fishery, with full
observer coverage, have strong
incentives to avoid catch levels of
species that they cannot cover with
available quota pounds (e.g.,
darkblotched rockfish or Pacific
halibut). In addition, the full observer
coverage and increased ability to track
catch inseason could allow the Council
to make necessary adjustments if
excessive catch is observed. Therefore,
the risk of several large tows of
darkblotched rockfish threatening
fishing opportunities for all of the
shorebased non-whiting IFQ vessels is
minimized. Second, the Council
acknowledged that the request was
limited to only a specific portion of the
coast; from Cape Alava in northern
Washington (48°10′ N. lat.) south to
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longer to resume operations than
previously thought.
The Council considered increases to
black rockfish trip limits to allow
additional harvest of this healthy stock,
and the potential impacts to overfished
species. An increase in trip limits is not
anticipated to increase projected
impacts to overfished species because
projected impacts to overfished species
are calculated assuming that up to 82 mt
of black rockfish are harvested in this
fishery.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for minor nearshore and black
rockfish in the limited entry fixed gear
and open access fishery between
42° N. lat. and 40°10.00′ N. lat.: From
‘‘7,000 lb (3,175 kg) per two months, no
more than 1,200 lb (544 kg) of which
may be species other than black
rockfish’’ to ‘‘8,500 lb (3,856 kg) per two
months, no more than 1,200 lb (544 kg)
of which may be species other than
black rockfish’’ beginning in Period 4,
on July 1, through the end of the year.
Limited Entry Fixed Gear and Open
Access Fishery Management Measures
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Cape Falcon in northern Oregon
(45°46′ N. lat.), just below the Columbia
River. The Council also recognized that
additional fishery information will
become available prior to the September
2011 Council meeting, and further
adjustments to RCA boundaries may be
considered for the end of 2011 if
necessary.
Therefore, the Council ultimately
recommended and NMFS is
implementing a shift in the seaward
boundary of the trawl RCA for the area
from 48°10′ N. lat. (Cape Alava) to
45°46′ N. lat. (Cape Falcon): Open
fishing area between the boundary line
approximating the 150-fm (274-m)
depth contour and the boundary line
approximating the 200-fm (366-m)
depth contour, by shifting the seaward
boundary of the trawl RCA boundary
from the boundary line approximating
the 200-fm (366-m) depth contour to the
boundary line approximating the 150-fm
(274-m) depth contour beginning on
September 1 through the end of the
year.
Deeper Nearshore Rockfish South of
40°10′ N. Lat.
The Council recommended and
NMFS is implementing trip limit
increases for deeper nearshore rockfish
in the limited entry fixed gear and open
access fishery south of 40°10′ N. lat.
At its June meeting, the Council
considered the most recent fish ticket
data indicating that landings of deeper
nearshore rockfish south of 40°10′ N.
lat. have been lower in 2011 than in
previous years. An industry request
came forward to increase the deeper
nearshore rockfish trip limits to provide
more access to black and blue rockfish
while keeping their total catch within
the state fishery harvest guidelines for
these species.
Modest increases to the deeper
nearshore rockfish trip limits in the
limited entry fixed gear and open access
fisheries in Periods 4–6 (July 1 through
December 31) are projected to slightly
increase impacts to co-occurring
overfished rockfish, particularly canary
rockfish and yelloweye rockfish.
Projected impacts to canary rockfish
increase by 0.1 mt and projected
impacts to yelloweye rockfish are
projected to increase by less than
0.05 mt. These slightly higher projected
impacts in the deeper nearshore fishery,
when combined with the anticipated
impacts to these species in all other
fisheries through the end of the year, are
not anticipated to exceed the 2011
rebuilding ACLs for canary rockfish or
yelloweye rockfish.
Therefore, the Council recommended
and NMFS is implementing trip limit
Minor Nearshore and Black Rockfish
Trip Limits Between 42° N. Lat. and
40°10.00′ N. Lat.
The Council recommended and
NMFS is implementing an increase to
the bi-monthly limit for minor
nearshore and black rockfish in the
limited entry fixed gear and open access
fisheries between 42° N. lat. and
40°10.00′ N. lat. beginning on July 1,
through the end of the year. The change
allows for increased landings of black
rockfish.
Black rockfish is a nearshore rockfish
species that was assessed in 2007. The
2011 black rockfish commercial catch
target in the California nearshore fishery
is 82 mt. At its June meeting, the
Council considered the most recent fish
ticket data and projected impacts to
black rockfish in the nearshore fishery
off the California coast through the rest
of the year. These estimates indicated
that under the current trip limit
structure, catch was estimated to be
only 68 mt, or 83 percent of the 82 mt
catch target. Industry requested an
increase to black rockfish trip limits in
northern California, between 42° N. lat.
and 40°10.00′ N. lat., because they have
had limited nearshore fishing
opportunities due in part to poor
weather conditions and the impacts of
the tsunami on infrastructure and
fishing vessels. Some vessels have not
been able to resume full time operations
since the tsunami and other vessels
which sustained damage are taking
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changes for deeper nearshore rockfish in
the limited entry fixed gear and open
access fishery south of 40°10.00′ N. lat.:
From ‘‘700 lb (318 kg) per 2 months’’
between 40°10′ N. lat. and 34°27′ N. lat.
and ‘‘600 lb (272 kg) per 2 months’’
south of 34°27′ N. lat. in Period 4 (JulyAugust), and from ‘‘800 lb (363 kg) per
2 months’’ south of 40°10.00′ N. lat. in
Periods 5–6 (September-December) to
‘‘900 lb (408 kg) per 2 months’’
beginning in Period 4, on July 1,
through the end of the year.
Open Access Fishery, Minor Shelf
Rockfish Trip Limits South of 34°27′ N.
Lat.
At its June 2011 meeting, the Council
received a request to increase trip limits
for minor shelf rockfish south of 34°27′
N. lat. Total mortality of minor shelf
rockfish south of 40°10′ N. lat. has been
well below the optimum yield for this
area in 2006–2009. Beginning in 2011,
formal allocations of this species
complex were made between the trawl
and the non-trawl fisheries, with 87.8
percent of the ACL for this species
complex being allocated to the nontrawl fisheries, including both
commercial and recreational fisheries.
The Council considered total mortality
of this species complex in 2006–2009 if
that formal non-trawl allocation had
been in place in those years. If that
formal non-trawl allocation had been in
place, no more than 52 percent of what
would have been the non-trawl
allocation would have been caught in
any of those years. The Council also
considered anecdotal information that
catch of speckled rockfish, a species in
the minor shelf rockfish complex south
of 40°10′ N. lat., has been high for
vessels that are targeting deeper
nearshore and vermilion rockfish.
Industry is requesting an increase to the
minor shelf rockfish trip limits for the
area south of 34°27′ N. lat. to turn catch
of speckled rockfish, which may have
been discarded under lower limits, into
landed catch.
There is no formal model to project
impacts to co-occurring overfished
species in this non-nearshore fishery
south of 34°27′ N. lat. However, as
included in the transmittal letter from
the Director of the Council, dated June
23, 2011, the Groundfish Management
Team (GMT), an advisory body to the
Council, analyzed data from the west
coast groundfish observer program
indicate that very few encounters with
overfished species occur in this fishery
and this area, including encounters with
bocaccio. However, if bocaccio catch
were to increase as a result of the
increase to minor shelf rockfish trip
limits, it is anticipated that increased
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catch would be accommodated under
the current bocaccio trip limits for this
fishery. Under the current trip limit
structure for minor shelf rockfish
species, state fish ticket information
indicates that the 100 lb (45 kg) per 2
months trip limit for bocaccio is not
being attained by most fishers. The
landings of bocaccio being below the bimonthly trip limit indicates that if
higher catch of bocaccio were to occur
under a modest increase in shelf
rockfish trip limits, the catch could be
accommodated by the current bocaccio
trip limits and would therefore not
increase overall projected impacts of
bocaccio in the open access fishery.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for minor shelf rockfish in the
open access fishery south of 34°27′ N.
lat.: From ‘‘750 lb (340 kg) per 2
months’’ to ‘‘1,000 lb (454 kg) per 2
months’’ beginning in Period 4, on July
1, through the end of the year.
Limited Entry Fixed Gear Sablefish
Daily Trip Limit Fishery, North of 36° N.
Lat.
The Council recommended and
NMFS is implementing decreases in trip
limits for the limited entry fixed gear
sablefish fishery north of 36° N. lat.
At its March 2011 meeting, the
Council took action to reduce limits in
the limited entry fixed gear sablefish
daily trip limit (DTL) fishery north of
36° N. lat. This recommendation was
precautionary, in response to the
discovery of an error in the methods
that were used to estimate landings of
sablefish in the DTL fishery. Since
March, staff at NMFS, the Pacific States
Marine Fisheries Commission (PSMFC),
and the GMT have worked to correct the
algorithm that is used in PacFIN to
estimate sablefish landings in the DTL
fishery. The new, corrected algorithm in
PacFIN produced higher than
anticipated landings estimates of
sablefish in this fishery. Even with the
precautionary adjustments to the
limited entry fixed gear sablefish DTL
fishery limits that were recommended
in March, without any additional
changes to current management
measures, landings of sablefish in the
limited entry fixed gear DTL fishery
north of 36° N. lat. are projected to be
439 mt, 160 percent of the 273 mt
fishery landed catch harvest guideline.
Considerable reductions to the bimonthly cumulative limits are
necessary, as quickly as possible, to
keep projected catch through the end of
the year within the fishery harvest
guideline and to prevent exceeding the
non-trawl fishery allocation for sablefish
in 2011.
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Decreases in trip limits to keep catch
within the fishery harvest guideline are
not anticipated to change 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 changes for
the limited entry fixed gear fishery
north of 36° N. lat. that decrease
sablefish DTL fishery limits from ‘‘2,000
lb (907 kg) per week, not to exceed
6,500 lb (2,948 kg) per 2 months’’ to
‘‘2,000 lb (907 kg) per week, not to
exceed 3,500 lb (1,588 kg) per 2
months’’ beginning in period 4, on July
1, through the end of the year.
Open Access Sablefish DTL Fishery
North of 36° N. Lat.
The Council recommended and
NMFS is implementing a decrease for
the open access sablefish fishery trip
limits north of 36° N. lat.
The most recent landings projections
for the open access sablefish DTL
fishery, combined with the addition of
anticipated discard mortality, indicate
that catches of sablefish in the open
access fishery north of 36° N. lat.
through the end of the year would
exceed the fishery harvest guideline.
Without any changes to current
management measures, landings are
projected to be 436 mt, or 101 percent
of the 433 mt landed catch harvest
guideline for the directed open access
fishery. The Council considered modest
decreases to the weekly and bi-monthly
limits for sablefish in the open access
fishery north of 36° N. lat. in order to
approach, but not exceed, the fishery
harvest guideline. This modest decrease
in trip limits is not anticipated to
change 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 a decrease
for the open access fishery trip limits
north of 36° N. lat. from ‘‘300 lb (136 kg)
per day, or 1 landing per week of up to
1,200 lb (544 kg), not to exceed 2,250 lb
(1,021 kg) per 2 months’’ to ‘‘300 lb (136
kg) per day, or 1 landing per week of up
to 1,050 lb (476 kg), not to exceed 2,100
lb (953 kg) per 2 months’’ beginning in
period 4, on July 1, through the end of
the year.
Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures based on the best
available information and is taken
pursuant to the regulations
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implementing the Pacific Coast
Groundfish FMP.
These actions are taken under the
authority of 50 CFR 660.60(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, subparts C through G, 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
biennial groundfish management
measures under 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 30day 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 6–13, 2011, meeting in
Spokane, Washington. The Council
recommended that these changes be
implemented by July 1, 2011 or as
quickly as possible thereafter. 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 ACLs 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.
Changes to sablefish trip limits in the
limited entry fixed gear and open access
sablefish DTL fisheries north of 36° N.
lat. are needed to prevent the 2011
sablefish ACL for the area north of 36°
N. lat. from being exceeded. These
changes must be implemented in a
timely manner by July 1, 2011 because
failure to implement trip limit
restrictions by July 1, 2011 could risk
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catch of sablefish in the fishery north of
36° N. lat. exceeding the 2011 sablefish
non-trawl allocation or even the 2011
sablefish ACL for the area north of 36°
N. lat. These revisions are needed to
keep the harvest of groundfish species
within the harvest levels in place for
2011, while allowing fishermen access
to healthy stocks. Delaying these
changes beyond July 1, 2011 would
allow fishers to access the higher bimonthly trip limit in Period 4 (JulyAugust) and could require even larger
restrictions or closures later in the year.
Such a delay would keep management
measures in place that are not based on
the best available data and that could
lead to exceeding ACLs. Such delay
could impair achievement of one of the
Pacific Coast Groundfish FMP goals to
prevent overfishing and to promote
year-round fishing opportunities.
Changes to trip limits for black
rockfish in the minor nearshore rockfish
complex, deeper nearshore rockfish, and
minor shelf rockfish in the south will
allow fishermen additional harvest
opportunities for black rockfish, blue
rockfish, spotted rockfish, and other
stocks within those complexes. These
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changes are necessary to relieve a
restriction by allowing additional
harvest opportunities, while staying
within ACLs. These changes must be
implemented in a timely manner, as
quickly as possible, so that fishermen
are allowed increased opportunities to
harvest available healthy stocks while
preventing stocks from exceeding their
ACLs. These changes are intended to
meet the goal of the Pacific Coast
Groundfish FMP to achieve maximum
biological yield while keeping within
the constraints of overfished species
rebuilding requirements. Changes to
trawl RCA boundaries will allow
fishermen additional harvest
opportunities for Dover sole and
sablefish. These changes are necessary
to relieve a restriction by allowing
additional harvest opportunities, while
staying within ACLs. These changes
must be implemented in a timely
manner, on September 1, so that
fishermen are allowed increased
opportunities to harvest available
healthy stocks while preventing stocks
from exceeding their ACLs. It would be
contrary to the public interest to wait to
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implement these changes until after
public notice and comment, because
that would prevent fishermen from
taking these fish at the time they are
available, preventing additional harvest
in fisheries that are important to coastal
communities.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: June 24, 2011.
Margo Schulze-Haugen,
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., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. Table 1 (North) to part 660, subpart
D, is revised to read as follows:
■
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4. Table 3 (North) and Table 3 (South)
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[FR Doc. 2011–16512 Filed 6–29–11; 8:45 am]
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
]]>Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Pages 38313-38325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
Docket No. 100804324-1265-02]
RIN 0648-BB21
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) July 1, 2011. Comments on this
final rule must be received no later than 5 p.m., local time on August
1, 2011.
ADDRESSES: You may submit comments, identified by RIN 0648-BB21 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: 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
[[Page 38314]]
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 Web site 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,
subparts C through 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. On November 3, 2011, NMFS published a proposed rule to implement
the 2011-2012 harvest specifications and management measures for the
Pacific Coast groundfish fishery (75 FR 67810). The final rule to
implement the 2011-2012 harvest specifications and management measures
for the Pacific Coast Groundfish Fishery was published on May 11, 2011
(76 FR 27508). These specifications and management measures are
codified in the CFR (50 CFR part 660, subparts C through G).
Changes to current groundfish management measures implemented by
this action were recommended by the Council at its June 6-13, 2011
meeting in Spokane, Washington. The Council recommended adjustments to
current groundfish management measures to respond to updated fishery
information and other inseason management needs. The projected impacts
to two of the eight overfished species (canary rockfish and yelloweye
rockfish) will increase slightly with the adjustments to the deeper
nearshore rockfish limits in the limited entry fixed gear and open
access fisheries south of 40[deg]10.00' N. lat. However, these impacts,
when combined with the impacts from all other fisheries, are not
projected to exceed the 2011 rebuilding annual catch limits (ACLs) for
these species. All other adjustments to fishery management measures are
not expected to result in greater impacts to overfished species than
originally projected through the end of 2011. Estimated mortality of
overfished and target species are the result of management measures
designed to achieve, to the extent possible, but not exceed, ACLs of
target species while fostering the rebuilding of overfished stocks by
remaining within their rebuilding ACLs.
Trawl Rockfish Conservation Area
The Council recommended and NMFS is implementing a shift in the
seaward boundary of the trawl Rockfish Conservation Area (RCA) for the
area from 48[deg]10' N. lat. (Cape Alava) to 45[deg]46' N. lat. (Cape
Falcon) by shifting the seaward boundary of the trawl RCA boundary from
the boundary line approximating the 200-fm (366-m) depth contour to the
boundary line approximating the 150-fm (274-m) depth contour.
In June 2010, the Council recommended that the trawl RCA boundaries
that were scheduled for the 2010 calendar year, as of June 2010, be in
place for the 2011 start of the rationalized trawl fishery. Boundaries
of the trawl RCA were left in place as they existed in 2010 due to the
uncertainty in how the rationalized fishery would perform. One of the
goals of the trawl rationalization program was to allow individual
accountability to drive bycatch rates of overfished species down, and
the Council acknowledged that once fishery information was available
from the rationalized fishery, adjustments to the trawl RCA boundaries
may be made in the future.
At its March 2011 meeting, the Council considered changes to the
trawl RCA boundaries after a request from industry. However, the
Council did not recommend changes due to the limited amount of fishery
information on landings and bycatch at that time.
At its June 2011 meeting, the Council considered a different, more
limited, industry request to shift the seaward boundary of the trawl
RCA shoreward to open some areas for harvesting Dover sole and
sablefish. The Council carefully weighed the potential risks and
benefits of opening some deeper areas that are currently closed by the
trawl RCA where the fleet may have higher encounters with darkblotched
rockfish and Pacific halibut.
The most recent fishery information on total catch, including
discards, of darkblotched rockfish in the IFQ fishery indicated that as
of June 6, 2011, only 27.3 mt of darkblotched rockfish have been
harvested. In light of the low catch levels of darkblotched rockfish to
date, opening some deeper areas that are currently closed by the RCA
could increase accessibility of some of the more valuable target
resources on the slope, such as Dover sole and sablefish. This change
to the RCA structure would also give fishers a chance to demonstrate
the benefits of individual accountability that they have in the trawl
rationalization program.
The Council acknowledged that as of June 6, 2011, there was no
information available on catch stratified by the depths that vessels
were fishing. This information would help inform the catch levels of
overfished species and how they vary by depth, and could be informative
for decisions on changes to the RCA. However, the Council noted that
this information is being collected and processed, and is anticipated
to be available by its September 2011 meeting. The Council also
considered that west coast groundfish observer program (WCGOP) data on
the trip-limit fishery from 2006-2009 indicated that the requested
change to the seaward RCA boundary would open areas where bycatch rates
of darkblotched rockfish have been documented to be higher than in some
other areas.
If a vessel had a large catch of darkblotched, as seen in WCGOP
data where a single tow could catch more than 1 mt of darkblotched
rockfish, or of Pacific halibut, fishers may not be able to cover their
catch with their available quota pounds, and it may force them to cease
fishing until any overage can be covered. If large tows of darkblotched
rockfish occur several times and inadequate darkblotched rockfish quota
is available, it could even mean that fishing opportunities seaward of
the RCA could be in jeopardy for all of the shorebased non-whiting IFQ
vessels.
The Council also considered additional factors that supported
making the requested changes to the trawl RCA boundaries. First,
vessels operating in the IFQ fishery, with full observer coverage, have
strong incentives to avoid catch levels of species that they cannot
cover with available quota pounds (e.g., darkblotched rockfish or
Pacific halibut). In addition, the full observer coverage and increased
ability to track catch inseason could allow the Council to make
necessary adjustments if excessive catch is observed. Therefore, the
risk of several large tows of darkblotched rockfish threatening fishing
opportunities for all of the shorebased non-whiting IFQ vessels is
minimized. Second, the Council acknowledged that the request was
limited to only a specific portion of the coast; from Cape Alava in
northern Washington (48[deg]10' N. lat.) south to
[[Page 38315]]
Cape Falcon in northern Oregon (45[deg]46' N. lat.), just below the
Columbia River. The Council also recognized that additional fishery
information will become available prior to the September 2011 Council
meeting, and further adjustments to RCA boundaries may be considered
for the end of 2011 if necessary.
Therefore, the Council ultimately recommended and NMFS is
implementing a shift in the seaward boundary of the trawl RCA for the
area from 48[deg]10' N. lat. (Cape Alava) to 45[deg]46' N. lat. (Cape
Falcon): Open fishing area between the boundary line approximating the
150-fm (274-m) depth contour and the boundary line approximating the
200-fm (366-m) depth contour, by shifting the seaward boundary of the
trawl RCA boundary from the boundary line approximating the 200-fm
(366-m) depth contour to the boundary line approximating the 150-fm
(274-m) depth contour beginning on September 1 through the end of the
year.
Limited Entry Fixed Gear and Open Access Fishery Management Measures
Minor Nearshore and Black Rockfish Trip Limits Between 42[deg] N. Lat.
and 40[deg]10.00' N. Lat.
The Council recommended and NMFS is implementing an increase to the
bi-monthly limit for minor nearshore and black rockfish in the limited
entry fixed gear and open access fisheries between 42[deg] N. lat. and
40[deg]10.00' N. lat. beginning on July 1, through the end of the year.
The change allows for increased landings of black rockfish.
Black rockfish is a nearshore rockfish species that was assessed in
2007. The 2011 black rockfish commercial catch target in the California
nearshore fishery is 82 mt. At its June meeting, the Council considered
the most recent fish ticket data and projected impacts to black
rockfish in the nearshore fishery off the California coast through the
rest of the year. These estimates indicated that under the current trip
limit structure, catch was estimated to be only 68 mt, or 83 percent of
the 82 mt catch target. Industry requested an increase to black
rockfish trip limits in northern California, between 42[deg] N. lat.
and 40[deg]10.00' N. lat., because they have had limited nearshore
fishing opportunities due in part to poor weather conditions and the
impacts of the tsunami on infrastructure and fishing vessels. Some
vessels have not been able to resume full time operations since the
tsunami and other vessels which sustained damage are taking longer to
resume operations than previously thought.
The Council considered increases to black rockfish trip limits to
allow additional harvest of this healthy stock, and the potential
impacts to overfished species. An increase in trip limits is not
anticipated to increase projected impacts to overfished species because
projected impacts to overfished species are calculated assuming that up
to 82 mt of black rockfish are harvested in this fishery.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for minor nearshore and black rockfish in the limited
entry fixed gear and open access fishery between 42[deg] N. lat. and
40[deg]10.00' N. lat.: From ``7,000 lb (3,175 kg) per two months, no
more than 1,200 lb (544 kg) of which may be species other than black
rockfish'' to ``8,500 lb (3,856 kg) per two months, no more than 1,200
lb (544 kg) of which may be species other than black rockfish''
beginning in Period 4, on July 1, through the end of the year.
Deeper Nearshore Rockfish South of 40[deg]10' N. Lat.
The Council recommended and NMFS is implementing trip limit
increases for deeper nearshore rockfish in the limited entry fixed gear
and open access fishery south of 40[deg]10' N. lat.
At its June meeting, the Council considered the most recent fish
ticket data indicating that landings of deeper nearshore rockfish south
of 40[deg]10' N. lat. have been lower in 2011 than in previous years.
An industry request came forward to increase the deeper nearshore
rockfish trip limits to provide more access to black and blue rockfish
while keeping their total catch within the state fishery harvest
guidelines for these species.
Modest increases to the deeper nearshore rockfish trip limits in
the limited entry fixed gear and open access fisheries in Periods 4-6
(July 1 through December 31) are projected to slightly increase impacts
to co-occurring overfished rockfish, particularly canary rockfish and
yelloweye rockfish. Projected impacts to canary rockfish increase by
0.1 mt and projected impacts to yelloweye rockfish are projected to
increase by less than 0.05 mt. These slightly higher projected impacts
in the deeper nearshore fishery, when combined with the anticipated
impacts to these species in all other fisheries through the end of the
year, are not anticipated to exceed the 2011 rebuilding ACLs for canary
rockfish or yelloweye rockfish.
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 ``700
lb (318 kg) per 2 months'' between 40[deg]10' N. lat. and 34[deg]27' N.
lat. and ``600 lb (272 kg) per 2 months'' south of 34[deg]27' N. lat.
in Period 4 (July-August), and from ``800 lb (363 kg) per 2 months''
south of 40[deg]10.00' N. lat. in Periods 5-6 (September-December) to
``900 lb (408 kg) per 2 months'' beginning in Period 4, on July 1,
through the end of the year.
Open Access Fishery, Minor Shelf Rockfish Trip Limits South of
34[deg]27' N. Lat.
At its June 2011 meeting, the Council received a request to
increase trip limits for minor shelf rockfish south of 34[deg]27' N.
lat. Total mortality of minor shelf rockfish south of 40[deg]10' N.
lat. has been well below the optimum yield for this area in 2006-2009.
Beginning in 2011, formal allocations of this species complex were made
between the trawl and the non-trawl fisheries, with 87.8 percent of the
ACL for this species complex being allocated to the non-trawl
fisheries, including both commercial and recreational fisheries. The
Council considered total mortality of this species complex in 2006-2009
if that formal non-trawl allocation had been in place in those years.
If that formal non-trawl allocation had been in place, no more than 52
percent of what would have been the non-trawl allocation would have
been caught in any of those years. The Council also considered
anecdotal information that catch of speckled rockfish, a species in the
minor shelf rockfish complex south of 40[deg]10' N. lat., has been high
for vessels that are targeting deeper nearshore and vermilion rockfish.
Industry is requesting an increase to the minor shelf rockfish trip
limits for the area south of 34[deg]27' N. lat. to turn catch of
speckled rockfish, which may have been discarded under lower limits,
into landed catch.
There is no formal model to project impacts to co-occurring
overfished species in this non-nearshore fishery south of 34[deg]27' N.
lat. However, as included in the transmittal letter from the Director
of the Council, dated June 23, 2011, the Groundfish Management Team
(GMT), an advisory body to the Council, analyzed data from the west
coast groundfish observer program indicate that very few encounters
with overfished species occur in this fishery and this area, including
encounters with bocaccio. However, if bocaccio catch were to increase
as a result of the increase to minor shelf rockfish trip limits, it is
anticipated that increased
[[Page 38316]]
catch would be accommodated under the current bocaccio trip limits for
this fishery. Under the current trip limit structure for minor shelf
rockfish species, state fish ticket information indicates that the 100
lb (45 kg) per 2 months trip limit for bocaccio is not being attained
by most fishers. The landings of bocaccio being below the bi-monthly
trip limit indicates that if higher catch of bocaccio were to occur
under a modest increase in shelf rockfish trip limits, the catch could
be accommodated by the current bocaccio trip limits and would therefore
not increase overall projected impacts of bocaccio in the open access
fishery.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for minor shelf rockfish in the open access fishery south
of 34[deg]27' N. lat.: From ``750 lb (340 kg) per 2 months'' to ``1,000
lb (454 kg) per 2 months'' beginning in Period 4, on July 1, through
the end of the year.
Limited Entry Fixed Gear Sablefish Daily Trip Limit Fishery, North of
36[deg] N. Lat.
The Council recommended and NMFS is implementing decreases in trip
limits for the limited entry fixed gear sablefish fishery north of
36[deg] N. lat.
At its March 2011 meeting, the Council took action to reduce limits
in the limited entry fixed gear sablefish daily trip limit (DTL)
fishery north of 36[deg] N. lat. This recommendation was precautionary,
in response to the discovery of an error in the methods that were used
to estimate landings of sablefish in the DTL fishery. Since March,
staff at NMFS, the Pacific States Marine Fisheries Commission (PSMFC),
and the GMT have worked to correct the algorithm that is used in PacFIN
to estimate sablefish landings in the DTL fishery. The new, corrected
algorithm in PacFIN produced higher than anticipated landings estimates
of sablefish in this fishery. Even with the precautionary adjustments
to the limited entry fixed gear sablefish DTL fishery limits that were
recommended in March, without any additional changes to current
management measures, landings of sablefish in the limited entry fixed
gear DTL fishery north of 36[deg] N. lat. are projected to be 439 mt,
160 percent of the 273 mt fishery landed catch harvest guideline.
Considerable reductions to the bi-monthly cumulative limits are
necessary, as quickly as possible, to keep projected catch through the
end of the year within the fishery harvest guideline and to prevent
exceeding the non-trawl fishery allocation for sablefish in 2011.
Decreases in trip limits to keep catch within the fishery harvest
guideline are not anticipated to change 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 changes
for the limited entry fixed gear fishery north of 36[deg] N. lat. that
decrease sablefish DTL fishery limits from ``2,000 lb (907 kg) per
week, not to exceed 6,500 lb (2,948 kg) per 2 months'' to ``2,000 lb
(907 kg) per week, not to exceed 3,500 lb (1,588 kg) per 2 months''
beginning in period 4, on July 1, through the end of the year.
Open Access Sablefish DTL Fishery North of 36[deg] N. Lat.
The Council recommended and NMFS is implementing a decrease for the
open access sablefish fishery trip limits north of 36[deg] N. lat.
The most recent landings projections for the open access sablefish
DTL fishery, combined with the addition of anticipated discard
mortality, indicate that catches of sablefish in the open access
fishery north of 36[deg] N. lat. through the end of the year would
exceed the fishery harvest guideline. Without any changes to current
management measures, landings are projected to be 436 mt, or 101
percent of the 433 mt landed catch harvest guideline for the directed
open access fishery. The Council considered modest decreases to the
weekly and bi-monthly limits for sablefish in the open access fishery
north of 36[deg] N. lat. in order to approach, but not exceed, the
fishery harvest guideline. This modest decrease in trip limits is not
anticipated to change 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 a
decrease for the open access fishery trip limits north of 36[deg] N.
lat. from ``300 lb (136 kg) per day, or 1 landing per week of up to
1,200 lb (544 kg), not to exceed 2,250 lb (1,021 kg) per 2 months'' to
``300 lb (136 kg) per day, or 1 landing per week of up to 1,050 lb (476
kg), not to exceed 2,100 lb (953 kg) per 2 months'' beginning in period
4, on July 1, through the end of the year.
Classification
This final 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 660.60(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, subparts C
through G, 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 biennial groundfish
management measures under 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 6-13, 2011, meeting in Spokane,
Washington. The Council recommended that these changes be implemented
by July 1, 2011 or as quickly as possible thereafter. 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 ACLs 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.
Changes to sablefish trip limits in the limited entry fixed gear
and open access sablefish DTL fisheries north of 36[deg] N. lat. are
needed to prevent the 2011 sablefish ACL for the area north of 36[deg]
N. lat. from being exceeded. These changes must be implemented in a
timely manner by July 1, 2011 because failure to implement trip limit
restrictions by July 1, 2011 could risk
[[Page 38317]]
catch of sablefish in the fishery north of 36[deg] N. lat. exceeding
the 2011 sablefish non-trawl allocation or even the 2011 sablefish ACL
for the area north of 36[deg] N. lat. These revisions are needed to
keep the harvest of groundfish species within the harvest levels in
place for 2011, while allowing fishermen access to healthy stocks.
Delaying these changes beyond July 1, 2011 would allow fishers to
access the higher bi-monthly trip limit in Period 4 (July-August) and
could require even larger restrictions or closures later in the year.
Such a delay would keep management measures in place that are not based
on the best available data and that could lead to exceeding ACLs. Such
delay could impair achievement of one of the Pacific Coast Groundfish
FMP goals to prevent overfishing and to promote year-round fishing
opportunities.
Changes to trip limits for black rockfish in the minor nearshore
rockfish complex, deeper nearshore rockfish, and minor shelf rockfish
in the south will allow fishermen additional harvest opportunities for
black rockfish, blue rockfish, spotted rockfish, and other stocks
within those complexes. These changes are necessary to relieve a
restriction by allowing additional harvest opportunities, while staying
within ACLs. These changes must be implemented in a timely manner, as
quickly as possible, so that fishermen are allowed increased
opportunities to harvest available healthy stocks while preventing
stocks from exceeding their ACLs. These changes are intended to meet
the goal of the Pacific Coast Groundfish FMP to achieve maximum
biological yield while keeping within the constraints of overfished
species rebuilding requirements. Changes to trawl RCA boundaries will
allow fishermen additional harvest opportunities for Dover sole and
sablefish. These changes are necessary to relieve a restriction by
allowing additional harvest opportunities, while staying within ACLs.
These changes must be implemented in a timely manner, on September 1,
so that fishermen are allowed increased opportunities to harvest
available healthy stocks while preventing stocks from exceeding their
ACLs. It would be contrary to the public interest to wait to implement
these changes until after public notice and comment, because that would
prevent fishermen from taking these fish at the time they are
available, preventing additional harvest in fisheries that are
important to coastal communities.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: June 24, 2011.
Margo Schulze-Haugen,
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
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
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2. Table 1 (North) to part 660, subpart D, is revised to read as
follows:
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[GRAPHIC] [TIFF OMITTED] TR30JN11.000
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3. Table 2 (North) and Table 2 (South) to part 660, subpart E, are
revised to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR30JN11.002
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[GRAPHIC] [TIFF OMITTED] TR30JN11.003
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4. Table 3 (North) and Table 3 (South) to part 660, subpart F, are
revised to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR30JN11.005
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[GRAPHIC] [TIFF OMITTED] TR30JN11.007
[FR Doc. 2011-16512 Filed 6-29-11; 8:45 am]
BILLING CODE 3510-22-C
