Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 67092-67098 [2011-28043]
Download as PDF
<![CDATA[
67092
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
encourage their use and not result in
overfilling. They must be emptied
regularly and maintained in a clean,
safe, and sanitary condition.
§ 228.329
Housekeeping.
(a) A camp car must be kept clean to
the extent allowed by the nature of the
work performed by the occupants of the
camp car.
(b) To facilitate cleaning, every floor,
working place, and passageway must be
kept free from protruding nails,
splinters, loose boards, and unnecessary
holes and openings.
mstockstill on DSK4VPTVN1PROD with RULES
§ 228.331
First aid and life safety.
(a) An adequate first aid kit must be
maintained and made available for
occupants of a camp car for the
emergency treatment of an injured
person.
(b) The contents of the first aid kit
shall be placed in a weatherproof
container with individual sealed
packages for each type of item, and shall
be checked at least weekly when the
camp car is occupied to ensure that the
expended items are replaced. The first
aid kit shall contain, at a minimum, the
following:
(1) Two small gauze pads (at least 4
x 4 inches);
(2) Two large gauze pads (at least 8 x
10 inches);
(3) Two adhesive bandages;
(4) Two triangular bandages;
(5) One package of gauge roller
bandage that is at least 2 inches wide;
(6) Wound cleaning agent, such as
sealed moistened towelettes;
(7) One pair of scissors;
(8) One set of tweezers;
(9) One roll of adhesive tape;
(10) Two pairs of latex gloves; and
(11) One resuscitation mask.
(c) Each sleeping room shall be
equipped with the following:
(1) A functional portable Type ABC
fire extinguisher; and
(2) Either a functional smoke alarm
and a carbon monoxide alarm, or a
functional combined smoke-carbonmonoxide alarm.
(d) Each camp car consist shall have
an emergency preparedness plan
prominently displayed so all occupants
of the camp car consist can view it at
their convenience. The plan shall
address the following subjects for each
location where the camp car consist is
used to house railroad employees or
MOW workers:
(1) The means used to be aware of and
notify all occupants of impending
weather threats, including
thunderstorms, tornados, hurricanes,
floods, and other major weather-related
risks;
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
(2) Shelter-in-place and emergency
and evacuation instructions for each of
the specific threats identified; and
(3) The address and telephone
number of the nearest emergency
medical facility and directions on how
to get there from the camp car consist.
DEPARTMENT OF COMMERCE
§ 228.333
RIN 0648–BB47
Remedial action.
A railroad shall, within 24 hours after
receiving a good faith notice from a
camp car occupant or an employee labor
organization representing camp car
occupants or notice from a Federal
Railroad Administration inspector,
including a certified State inspector
under part 212 of this chapter, of
noncompliance with this subpart,
correct each non-complying condition
on the camp car or cease use of the
camp car as sleeping quarters for each
occupant. In the event that such a
condition affects the safety or health of
an occupant, such as, but not limited to,
water, cooling, heating, or eating
facilities, sanitation issues related to
food storage, food handling or sewage
disposal, vermin or pest infestation, or
electrical hazards, the railroad must
immediately upon notice provide
alternative arrangements for housing
and providing food to the employee or
MOW worker until the condition
adverse to the safety or health of the
occupant(s) is corrected.
§ 228.335
Electronic recordkeeping.
(a) Each railroad shall keep records as
required by § 228.323 either—
(1) On paper forms provided by the
railroad, or
(2) By electronic means that conform
with the requirements of subpart D of
this part.
(b) Records required to be kept shall
be made available to the Federal
Railroad Administration as provided by
49 U.S.C. 20107.
Appendix A to Part 228
[Amended]
14. The last paragraph of the
discussion headed ‘‘Sleeping Quarters’’
in Appendix A to part 228 is removed.
■
Appendix C to Part 228
Reserved]
[Removed and
15. Appendix C to part 228 is removed
and reserved.
■
Issued in Washington, DC, on October 24,
2011.
Joseph C. Szabo,
Administrator.
[FR Doc. 2011–27818 Filed 10–28–11; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100804324–1265–02]
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)
November 1, 2011. Comments on this
final rule must be received no later than
November 30, 2011.
ADDRESSES: You may submit comments,
identified by FDMS docket number
NOAA–NMFS–2010–0194 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
DATES:
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
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 Web site at
https://www.pcouncil.org/.
mstockstill on DSK4VPTVN1PROD with RULES
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, 2010, 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). This
final rule was subsequently amended by
inseason actions on June 30, 2011 (76
FR 38313). Additional changes to the
2011–2012 specifications and
management measures were made in a
final rule on May 19, 2011 (76 FR
28897), an interim final rule on June 15,
2011 (76 FR 34910), and in a correcting
amendment on September 2, 2011 (76
FR 54713). 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 September 12–19, 2011
meeting in San Mateo, California. The
Council recommended adjustments to
current groundfish management
measures to respond to updated fishery
information and other inseason
management needs. The adjustments to
fishery management measures are not
expected to result in greater impacts to
overfished species than originally
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
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.
Sablefish Daily Trip Limit Fishery South
of 36° N. lat.
The Council recommended and
NMFS is implementing a modest
increase for the open access sablefish
fishery trip limits south of 36° N. lat.
There is no formal allocation of
sablefish between the limited entry
fixed gear and open access sablefish
daily trip limit (DTL) fisheries south of
36° N. lat. The Council designed 2011
trip limits for these two commercial
groundfish non-trawl fisheries south of
36° N. lat. that were anticipated to allow
slightly more overall harvest of sablefish
by the limited entry fixed gear fishery.
2011 trip limits were also designed so
that, when catches in each sector are
combined, total impacts of these two
fisheries are anticipated to approach but
not exceed the 2011 non-trawl
allocation for sablefish south of 36° N.
lat.
Catch of sablefish in the limited entry
fixed gear sablefish DTL fishery south of
36° N. lat. has been higher than
anticipated. Based on the most recent
fishery information, if no action is taken
and catch remains higher than expected,
landings of sablefish in this fishery
through the end of the year would be
440 mt. This level of catch would
exceed the sablefish harvest target of
373 mt for this fishery by approximately
12 percent. However, catch of sablefish
in the open access sablefish DTL
fisheries south of 36° N. lat. has been
lower than anticipated. Based on the
most recent fishery information, if no
action is taken and catch remains lower
than expected, landings of sablefish
through the end of the year would be
203 mt. This level of catch would be
approximately 64 percent below the
sablefish harvest target for this fishery of
319 mt.
The Council considered several
combinations of trip limit changes in
the limited entry fixed gear and open
access sablefish DTL fisheries south of
36° N. lat. to maintain fishing
opportunities through the remainder of
2011 where possible, while keeping
catch within the 2011 sablefish ACL for
the area south of 36° N. lat.
Since there is no formal allocation
between the limited entry fixed gear and
open access sablefish DTL fisheries
south of 36° N. lat. and since one fishery
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
67093
had a small projected overage and the
other had a large projected underage,
the Council recommended a modest
increase in the open access sablefish
DTL fishery trip limits for the end of
2011. With this increase in sablefish trip
limits for Period 6 (November–
December) for the open access sablefish
DTL fishery, and retention of the current
trip limits in the limited entry fixed gear
sablefish DTL fishery, projected catches
in these two fisheries combined is 652
mt, 60 mt below the 2011 non-trawl
allocation for sablefish south of 36 N.
lat. of 712 mt adjusted for discard
mortality.
West Coast Groundfish Observer data
indicate that impacts to overfished
species in the commercial fixed gear
sablefish fisheries south of 36° N. lat.
are extremely low. Therefore, increases
to trip limits to raise projected impacts
closer to the 2011 sablefish non-trawl
allocation and the ACL are not
anticipated to result in changes to
impacts to co-occurring overfished
groundfish species.
Therefore, the Council recommended
and NMFS is implementing an increase
for the open access fishery trip limits
south 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 2,400
lb (1089 kg) per 2 months’’ to ‘‘300 lb
(136 kg) per day, or 1 landing per week
of up to 1,500 lb (680 kg), not to exceed
3,000 lb (1361 kg) per 2 months’’
beginning in period 6, on November 1,
through the end of the year.
Shallow Nearshore Rockfish South of
40°10′ N. lat.
The Council recommended and
NMFS is implementing trip limit
increases for shallow nearshore rockfish
in the limited entry fixed gear and open
access fishery south of 40°10′ N. lat.
At its September meeting, the Council
considered how catches in the
nearshore fishery as a whole south of
40°10′ N. lat. have been lower in 2011
than in previous years, and considered
modest increases to allow additional
harvest opportunities for shallow
nearshore rockfish while keeping total
catch within the applicable harvest
guidelines.
Modest increases to the shallow
nearshore rockfish trip limits in the
limited entry fixed gear and open access
fisheries in Period 6 (November 1
through December 31) are not projected
to increase impacts to co-occurring
overfished rockfish.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for shallow nearshore rockfish
in the limited entry fixed gear and open
access fishery south of 40°10.00′ N. lat.:
E:\FR\FM\31OCR1.SGM
31OCR1
67094
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
from ‘‘600 lb (272 kg) per 2 months’’
south of 40°10.00′ N. lat. in Period 6
(November–December) to ‘‘1,000 lb (454
kg) per 2 months’’ beginning in Period
6, on November 1, through the end of
the year.
mstockstill on DSK4VPTVN1PROD with RULES
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 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
30-day delay in effectiveness pursuant
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
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 September 12–19, 2011, meeting in
San Mateo, California. The Council
recommended that these changes be
implemented by November 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 trip limits for sablefish in
the open access sablefish DTL fishery
south of 36° N. lat. and for shallow
nearshore rockfish in the limited entry
fixed gear and open access fisheries
south of 40° 10′ N. lat. will allow
fishermen additional harvest
opportunities for sablefish and for
species within the shallow nearshore
rockfish complex. These changes are
necessary to relieve a restriction by
allowing additional harvest
opportunities, while staying within
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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. 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: October 25, 2011.
Galen R. Tromble,
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 2 (South) to part 660, subpart
E, is revised to read as follows:
■
BILLING CODE 3510–22–P
E:\FR\FM\31OCR1.SGM
31OCR1
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
PO 00000
Frm 00059
Fmt 4700
Sfmt 4725
E:\FR\FM\31OCR1.SGM
31OCR1
67095
ER31OC11.000</GPH>
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
67096
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
3. Table 3 (South) to part 660, subpart
F, is revised to read as follows:
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
E:\FR\FM\31OCR1.SGM
31OCR1
ER31OC11.001</GPH>
mstockstill on DSK4VPTVN1PROD with RULES
■
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
PO 00000
Frm 00061
Fmt 4700
Sfmt 4725
E:\FR\FM\31OCR1.SGM
31OCR1
67097
ER31OC11.002</GPH>
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
67098
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
[FR Doc. 2011–28043 Filed 10–28–11; 8:45 am]
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
PO 00000
Frm 00062
Fmt 4700
Sfmt 9990
E:\FR\FM\31OCR1.SGM
31OCR1
ER31OC11.003</GPH>
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Rules and Regulations]
[Pages 67092-67098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28043]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100804324-1265-02]
RIN 0648-BB47
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) November 1, 2011. Comments on
this final rule must be received no later than November 30, 2011.
ADDRESSES: You may submit comments, identified by FDMS docket number
NOAA-NMFS-2010-0194 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
[[Page 67093]]
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 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, 2010, 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). This final rule was subsequently amended by inseason
actions on June 30, 2011 (76 FR 38313). Additional changes to the 2011-
2012 specifications and management measures were made in a final rule
on May 19, 2011 (76 FR 28897), an interim final rule on June 15, 2011
(76 FR 34910), and in a correcting amendment on September 2, 2011 (76
FR 54713). 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 September 12-19,
2011 meeting in San Mateo, California. The Council recommended
adjustments to current groundfish management measures to respond to
updated fishery information and other inseason management needs. The
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.
Sablefish Daily Trip Limit Fishery South of 36[deg] N. lat.
The Council recommended and NMFS is implementing a modest increase
for the open access sablefish fishery trip limits south of 36[deg] N.
lat.
There is no formal allocation of sablefish between the limited
entry fixed gear and open access sablefish daily trip limit (DTL)
fisheries south of 36[deg] N. lat. The Council designed 2011 trip
limits for these two commercial groundfish non-trawl fisheries south of
36[deg] N. lat. that were anticipated to allow slightly more overall
harvest of sablefish by the limited entry fixed gear fishery. 2011 trip
limits were also designed so that, when catches in each sector are
combined, total impacts of these two fisheries are anticipated to
approach but not exceed the 2011 non-trawl allocation for sablefish
south of 36[deg] N. lat.
Catch of sablefish in the limited entry fixed gear sablefish DTL
fishery south of 36[deg] N. lat. has been higher than anticipated.
Based on the most recent fishery information, if no action is taken and
catch remains higher than expected, landings of sablefish in this
fishery through the end of the year would be 440 mt. This level of
catch would exceed the sablefish harvest target of 373 mt for this
fishery by approximately 12 percent. However, catch of sablefish in the
open access sablefish DTL fisheries south of 36[deg] N. lat. has been
lower than anticipated. Based on the most recent fishery information,
if no action is taken and catch remains lower than expected, landings
of sablefish through the end of the year would be 203 mt. This level of
catch would be approximately 64 percent below the sablefish harvest
target for this fishery of 319 mt.
The Council considered several combinations of trip limit changes
in the limited entry fixed gear and open access sablefish DTL fisheries
south of 36[deg] N. lat. to maintain fishing opportunities through the
remainder of 2011 where possible, while keeping catch within the 2011
sablefish ACL for the area south of 36[deg] N. lat.
Since there is no formal allocation between the limited entry fixed
gear and open access sablefish DTL fisheries south of 36[deg] N. lat.
and since one fishery had a small projected overage and the other had a
large projected underage, the Council recommended a modest increase in
the open access sablefish DTL fishery trip limits for the end of 2011.
With this increase in sablefish trip limits for Period 6 (November-
December) for the open access sablefish DTL fishery, and retention of
the current trip limits in the limited entry fixed gear sablefish DTL
fishery, projected catches in these two fisheries combined is 652 mt,
60 mt below the 2011 non-trawl allocation for sablefish south of 36 N.
lat. of 712 mt adjusted for discard mortality.
West Coast Groundfish Observer data indicate that impacts to
overfished species in the commercial fixed gear sablefish fisheries
south of 36[deg] N. lat. are extremely low. Therefore, increases to
trip limits to raise projected impacts closer to the 2011 sablefish
non-trawl allocation and the ACL are not anticipated to result in
changes to impacts to co-occurring overfished groundfish species.
Therefore, the Council recommended and NMFS is implementing an
increase for the open access fishery trip limits south 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 2,400 lb (1089 kg) per 2 months'' to
``300 lb (136 kg) per day, or 1 landing per week of up to 1,500 lb (680
kg), not to exceed 3,000 lb (1361 kg) per 2 months'' beginning in
period 6, on November 1, through the end of the year.
Shallow Nearshore Rockfish South of 40[deg]10' N. lat.
The Council recommended and NMFS is implementing trip limit
increases for shallow nearshore rockfish in the limited entry fixed
gear and open access fishery south of 40[deg]10' N. lat.
At its September meeting, the Council considered how catches in the
nearshore fishery as a whole south of 40[deg]10' N. lat. have been
lower in 2011 than in previous years, and considered modest increases
to allow additional harvest opportunities for shallow nearshore
rockfish while keeping total catch within the applicable harvest
guidelines.
Modest increases to the shallow nearshore rockfish trip limits in
the limited entry fixed gear and open access fisheries in Period 6
(November 1 through December 31) are not projected to increase impacts
to co-occurring overfished rockfish.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for shallow nearshore rockfish in the limited entry fixed
gear and open access fishery south of 40[deg]10.00' N. lat.:
[[Page 67094]]
from ``600 lb (272 kg) per 2 months'' south of 40[deg]10.00' N. lat. in
Period 6 (November-December) to ``1,000 lb (454 kg) per 2 months''
beginning in Period 6, on November 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 September 12-19, 2011, meeting in San Mateo,
California. The Council recommended that these changes be implemented
by November 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 trip limits for sablefish in the open access sablefish
DTL fishery south of 36[deg] N. lat. and for shallow nearshore rockfish
in the limited entry fixed gear and open access fisheries south of
40[deg] 10' N. lat. will allow fishermen additional harvest
opportunities for sablefish and for species within the shallow
nearshore rockfish complex. 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. 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: October 25, 2011.
Galen R. Tromble,
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.
0
2. Table 2 (South) to part 660, subpart E, is revised to read as
follows:
BILLING CODE 3510-22-P
[[Page 67095]]
[GRAPHIC] [TIFF OMITTED] TR31OC11.000
[[Page 67096]]
[GRAPHIC] [TIFF OMITTED] TR31OC11.001
0
3. Table 3 (South) to part 660, subpart F, is revised to read as
follows:
[[Page 67097]]
[GRAPHIC] [TIFF OMITTED] TR31OC11.002
[[Page 67098]]
[GRAPHIC] [TIFF OMITTED] TR31OC11.003
[FR Doc. 2011-28043 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-22-C
