Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 47322-47327 [2012-19445]
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
primary determinant in both these
levels. Therefore, the alternatives in the
EA covered a range of higher and lower
ABC and ACL levels in the context of
the OFL and HG levels.
With regard to the suggestion by the
commenter to analyze as an alternative
in this EA one-half FMSY (a static
percentage applied to the biomass
estimate) as the basis from which to set
the annual specifications, this would
not have been a pertinent alternative for
an EA on the 2012 annual
specifications. The annual
specifications implement the FMP,
which uses a harvest guideline control
rule with a specific, ecosystem-sensitive
formula. To analyze such an alternative
would have been outside the scope of
the rulemaking. The purpose of this EA
was to analyze alternative approaches to
implementing the existing FMP, not
alternatives for changing the FMP.
Furthermore, even if this were an EA
considering amendments to the existing
FMP, as stated above, fishery
management approaches for small
pelagic species based on equilibrium or
steady-state concepts, such as those
suggested by the commenter (i.e., MSY
or BMSY), which ignore natural
variability in abundance, are not the
most appropriate or reasonable and
therefore the current approach—which
accounts for natural variability—is used.
Although the commenter cites an FMSY
of 0.12 from an alternative not chosen
in the environmental impact statement
for Amendment 8 to the CPS FMP as
well as an FMSY of 0.18 from modeling
conducted as part of the 2011 sardine
stock assessment, neither value was
intended even in those documents to be
used as part of an actual static MSY
harvest strategy because biomass and
productivity of most CPS change in
response to environmental variability on
annual and decadal time scales. These
numbers were postulated as modeling
exercises, or for the sake of considering
a range of alternatives or other specific
purposes. The harvest strategy in the
FMP accounts for environmental
variability and requires annual
estimates of biomass rather than using a
static harvest strategy.
The commenter is welcome to
recommend that the Council and NMFS
amend the FMP to manage Pacific
sardine using a steady-state formula that
would not account for natural
fluctuations or conditions, but the EA
for the 2012 annual specifications was
not the appropriate place to conduct the
analysis of that alternative.
Classification
The Administrator, Southwest Region,
NMFS, determined that this action is
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necessary for the conservation and
management of the Pacific sardine
fishery and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
NMFS finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for the
establishment of the harvest
specifications for the 2012 Pacific
sardine fishing season. For the reasons
set forth below, the immediate
implementation of this measure is
necessary for the conservation and
management of the Pacific sardine
resource. This rule establishes seasonal
harvest allocations and the ability to
restrict fishing when these allocations
are approached or reached. These
allocations are important mechanisms
in preventing overfishing and managing
the fishery at optimum yield while
allowing fair and equitable opportunity
to the resource by all sectors of the
Pacific sardine fishery. A delay in
effectiveness is likely to prevent the
ability to close the fishery when
necessary and cause the fishery to
exceed the second seasonal allocation.
The directed and incidental harvest
allocations are designed to allow fair
and equitable opportunity to the
resource by all sectors of the Pacific
sardine fishery and to allow access to
other profitable CPS fisheries, such as
squid and Pacific mackerel. Because the
directed harvest allocation for the
second allocation period is
approximately 30,000 mt greater than
the level in 2011, NMFS did not expect
that it would be necessary to close the
directed fishery prior to the start of the
third allocation period. However, based
on current landings information, which
are significantly higher than anticipated,
NMFS expects the directed fishery will
need to be closed during the current
allocation period, which began on July
1. Delaying the effective date of this rule
is contrary to the public interest because
additional reduction of Pacific sardine
beyond the incidental take limit set out
in this action would decrease the future
harvest limits, thereby reducing future
potential catch of the stock along with
the profits associated with those
harvests. Therefore, NMFS finds that
there is good cause to waive the 30-day
delay in effectiveness in this
circumstance. To help keep the
regulated community informed of this
final rule NMFS will also announce this
action through other means available,
including fax, email, and mail to
fishermen, processors, and state fishery
management agencies. Additionally,
NMFS will advise the CPS Advisory
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Subpanel, which is comprised of
representatives from all sectors and
regions of the sardine industry,
including processors, fishermen, user
groups, conservation groups, and
fishermen association representatives, of
current landings as they become
available and for the public at-large also
post them on NMFS’ Southwest
Regional Office Web site, https://
swr.nmfs.noaa.gov/.
This final rule is exempt from Office
of Management and Budget review
under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–19419 Filed 8–7–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100804324–1265–02]
RIN 0648–BC36
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
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.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
SUMMARY:
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
Groundfish Fishery Management Plan
(FMP), is intended to allow fisheries to
access more abundant groundfish stocks
while protecting overfished and
depleted stocks.
DATES: Effective 0001 hours (local time)
September 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Colby Brady (Northwest Region, NMFS),
phone: 206–526–6117, fax: 206–526–
6736, colby.brady@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.gpo.gov/fdsys/search/home.action.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/.
adjusting the biennial groundfish
management measures for the remainder
of the biennial period to respond to
updated fishery information and
additional inseason management needs.
The adjustment to fishery management
measures are not expected to result in
greater impacts to overfished species
than originally projected through the
end of 2012. Estimated mortality of
overfished and target species are the
result of management measures
designed to achieve, to the extent
possible, but not exceed, annual catch
limits (ACLs) of target species while
fostering the rebuilding of overfished
stocks by remaining within their
rebuilding ACLs.
Limited Entry (LE) Fixed Gear Fishery
Management Measures
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Background
Sablefish Daily Trip Limit (DTL) Trip
Limits North of 36° N. Lat.
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 most
species of the Pacific Coast groundfish
fishery (75 FR 67810). The final rule to
implement the 2011–12 harvest
specifications and management
measures for most species of the Pacific
Coast Groundfish Fishery was published
on May 11, 2011 (76 FR 27508). This
final rule was subsequently amended by
several inseason actions (76 FR 39313,
76 FR 67092, 76 FR 79122, 77 FR 12503,
77 FR 22679, 77 FR 24634). On
September 27, 2011, NMFS published a
proposed rule to implement final 2012
specifications for overfished species and
assessed flatfish species pursuant to
Secretarial Amendment 1 to the
Groundfish FMP (76 FR 59634). That
final rule was effective January 1, 2012.
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, in consultation with Pacific
Coast Treaty Indian Tribes and the
States of Washington, Oregon, and
California, at its June 20–June 25, 2012
meeting. The Council recommended
To ensure that harvest opportunities
for this stock do not exceed the LE fixed
gear sablefish DTL allocation north of
36° N. lat., the Council considered
decreases to trip limits for sablefish in
this fishery and the potential impacts on
overall catch levels. Model-based
landings projections of the LE fixed gear
sablefish DTL fishery north of 36° N. lat.
were made for the remainder of 2012 by
the Council’s Groundfish Management
Team (GMT). These projections were
made based on the most recent
information available under the current
2012 trip limit scenario, and predicted
a harvest overage of 41 percent, or 108
metric tons in excess of this fishery’s
harvest guideline under the status quo
trip limits. Projections for the other
three fixed gear sablefish fisheries were
tracking within their targets for 2012.
An overage by the northern LE fixed
gear sablefish DTL fishery could result
in an overage of the northern sablefish
ACL.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the LE fixed gear sablefish
DTL fishery north of 36° N. lat. that
decrease LE fixed gear sablefish DTL
fishery limits from ‘‘1,000 lb (454 kg)
per week, not to exceed 4,000 lb (1,814
kg) per 2 months’’ to ‘‘800 lb (363 kg)
per week, not to exceed 1,600 lb (726
kg) per 2 months’’ beginning in period
5, September 1, 2012 through the end of
the year. This decrease in trip limits is
not anticipated to increase projected
impacts to overfished species and is
anticipated to help maintain mortality
levels within the northern sablefish
ACL.
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47323
Shelf Rockfish Trip Limits South of
34°27′ N. Lat.
The Council received an industry
request to increase the LE fixed gear
shelf rockfish trip limits south of 34°27′
N. lat. The shelf rockfish complex south
of 40°10′ N. lat. has not been fully
harvested in recent years, averaging
between 29.7 percent and 51.1 percent
of its ACL in years 2006–2010. West
Coast Groundfish Observer Program
data indicate very few encounters with
overfished species and California state
fish ticket data indicate that very few
vessels actually attained full trip limits
between 2008 and 2010.
Based on these data, the Groundfish
Management Team estimated that
landings would increase by
approximately 0.2 metric tons, to a total
of 2.2 metric tons. This modest increase
in trip limits for shelf rockfish is not
expected to result in an overharvest of
any species’ contribution to the complex
as a result of this request.
Therefore, the Council recommended
and NMFS is implementing increased
trip limits for shelf rockfish in the LE
fixed gear fishery south of 34°27′ N. lat.,
from ‘‘3,000 pounds (1361 kg) per 2
months’’ to ‘‘4,000 pounds (1814 kg) per
2 months’’ beginning in period 5,
September 1, 2012 through the end of
the year.
Bocaccio Trip Limits South of 34°27′ N.
Lat.
There are increased encounters with
bocaccio south of 34°27′ N. lat. resulting
from a very strong year class entering
the fishery. In order to reduce
unnecessary discarding as a result of
increased encounters with the new yearclass entrants, industry submitted a
request to the Council to raise the
bimonthly limit of bocaccio south of
34°27′ N. lat. The estimated take of
bocaccio would increase to 0.7 metric
tons from the annual average of 0.4
metric tons, which is well within the
non-trawl bocaccio allocation south of
40°10′ N. lat.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for bocaccio in the LE fixed
gear fishery south of 34°27′ N. lat. from
‘‘300 pounds (136 kg) per two months’’
to ‘‘500 pounds (227 kg) per two
months’’ beginning in period 5,
September 1, 2012 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 consistent
with the Pacific Coast Groundfish FMP
and its implementing regulations.
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This action is taken under the
authority of 50 CFR 660.60(c) and is
exempt from review under Executive
Order 12866.
These inseason changes in sablefish,
shelf rockfish, and bocaccio limits are
based on the most recent data available.
The aggregate data upon which these
actions are based are available for public
inspection at the Office of the
Administrator, Northwest Region,
NMFS, (see ADDRESSES) during business
hours.
For the following reasons, NMFS
finds good cause to waive prior public
notice and comment on the revisions to
groundfish management measures under
5 U.S.C. 553(b) because notice and
comment would be impracticable and
contrary to the public interest. Also, for
the same reasons, NMFS finds good
cause to partially waive the 30-day
delay in effectiveness pursuant to 5
U.S.C. 553(d)(3), so that this final rule
may become effective September 1,
2012.
At the June Council meeting, the
Council recommended that these
changes, which are based on the most
recent information available, be
implemented by September 1, 2012.
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 NMFS from managing fisheries
using the best available science to
approach, without exceeding, the ACLs
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for federally managed species in
accordance with the FMP and
applicable laws. The adjustments to
management measures in this document
affect commercial fisheries from
southern California to Washington State.
These adjustments to management
measures must be implemented in a
timely manner, by September 1, 2012,
to: Allow LE fixed gear fishermen an
opportunity to harvest their limits in
2012 for sablefish without exceeding the
ACL North of 36° N. lat., to allow
harvest of shelf rockfish without
exceeding the ACL south of 34°27′ N.
lat., and to allow incidental catch of
bocaccio without exceeding the ACL
south of 34°27′ N. lat. in response to
significant recent recruitment events.
These changes in the LE fixed gear
fishery continue to allow fishermen
opportunities to harvest available
healthy stocks while staying within the
ACLs for these species. If this rule is not
implemented immediately, the public
could have incorrect information
regarding allowed LE fixed gear trip
limits which would cause confusion
and be inconsistent with the intent of
the Council. It would be contrary to the
public interest to delay implementation
of these changes until after public notice
and comment, because making this
regulatory change by September 1, 2012,
allows harvest as intended by the
Council in fisheries that are important
to coastal communities in a manner that
prevents ACLs of overfished and target
species from being exceeded.
No aspect of this action is
controversial and no change in
operating practices in the fishery is
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Fmt 4700
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required from those intended in this
inseason adjustment.
Delaying these changes would also
keep management measures in place
that are not based on the best available
information. Such delay would impair
achievement of the Pacific Coast
Groundfish FMP objectives of providing
for year-round harvest opportunities,
extending fishing opportunities as long
as practicable during the fishing year, or
staying within ACLs or allocations for
sablefish, shelf rockfish, and bocaccio in
the LE fixed gear fishery.
Accordingly, for the reasons stated
above, NMFS finds good cause to waive
prior notice and comment and to
partially waive the delay in
effectiveness.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 3, 2012.
Lindsay Fullenkamp,
Acting Deputy 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 (North) to part 660, Subpart
E is revised to read as follows:
■
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3. Table 2 (South) to part 660, Subpart
E is revised to read as follows:
■
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[FR Doc. 2012–19445 Filed 8–7–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47322-47327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19445]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100804324-1265-02]
RIN 0648-BC36
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
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.
-----------------------------------------------------------------------
SUMMARY: This final rule announces inseason changes to management
measures in the Pacific Coast groundfish fisheries. This action, which
is authorized by the Pacific Coast
[[Page 47323]]
Groundfish Fishery Management Plan (FMP), is intended to allow
fisheries to access more abundant groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time) September 1, 2012.
FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS),
phone: 206-526-6117, fax: 206-526-6736, colby.brady@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.gpo.gov/fdsys/search/home.action. 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 most
species of the Pacific Coast groundfish fishery (75 FR 67810). The
final rule to implement the 2011-12 harvest specifications and
management measures for most species of the Pacific Coast Groundfish
Fishery was published on May 11, 2011 (76 FR 27508). This final rule
was subsequently amended by several inseason actions (76 FR 39313, 76
FR 67092, 76 FR 79122, 77 FR 12503, 77 FR 22679, 77 FR 24634). On
September 27, 2011, NMFS published a proposed rule to implement final
2012 specifications for overfished species and assessed flatfish
species pursuant to Secretarial Amendment 1 to the Groundfish FMP (76
FR 59634). That final rule was effective January 1, 2012. 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, in consultation with
Pacific Coast Treaty Indian Tribes and the States of Washington,
Oregon, and California, at its June 20-June 25, 2012 meeting. The
Council recommended adjusting the biennial groundfish management
measures for the remainder of the biennial period to respond to updated
fishery information and additional inseason management needs. The
adjustment to fishery management measures are not expected to result in
greater impacts to overfished species than originally projected through
the end of 2012. Estimated mortality of overfished and target species
are the result of management measures designed to achieve, to the
extent possible, but not exceed, annual catch limits (ACLs) of target
species while fostering the rebuilding of overfished stocks by
remaining within their rebuilding ACLs.
Limited Entry (LE) Fixed Gear Fishery Management Measures
Sablefish Daily Trip Limit (DTL) Trip Limits North of 36[deg] N. Lat.
To ensure that harvest opportunities for this stock do not exceed
the LE fixed gear sablefish DTL allocation north of 36[deg] N. lat.,
the Council considered decreases to trip limits for sablefish in this
fishery and the potential impacts on overall catch levels. Model-based
landings projections of the LE fixed gear sablefish DTL fishery north
of 36[deg] N. lat. were made for the remainder of 2012 by the Council's
Groundfish Management Team (GMT). These projections were made based on
the most recent information available under the current 2012 trip limit
scenario, and predicted a harvest overage of 41 percent, or 108 metric
tons in excess of this fishery's harvest guideline under the status quo
trip limits. Projections for the other three fixed gear sablefish
fisheries were tracking within their targets for 2012. An overage by
the northern LE fixed gear sablefish DTL fishery could result in an
overage of the northern sablefish ACL.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for the LE fixed gear sablefish DTL fishery north of
36[deg] N. lat. that decrease LE fixed gear sablefish DTL fishery
limits from ``1,000 lb (454 kg) per week, not to exceed 4,000 lb (1,814
kg) per 2 months'' to ``800 lb (363 kg) per week, not to exceed 1,600
lb (726 kg) per 2 months'' beginning in period 5, September 1, 2012
through the end of the year. This decrease in trip limits is not
anticipated to increase projected impacts to overfished species and is
anticipated to help maintain mortality levels within the northern
sablefish ACL.
Shelf Rockfish Trip Limits South of 34[deg]27' N. Lat.
The Council received an industry request to increase the LE fixed
gear shelf rockfish trip limits south of 34[deg]27' N. lat. The shelf
rockfish complex south of 40[deg]10' N. lat. has not been fully
harvested in recent years, averaging between 29.7 percent and 51.1
percent of its ACL in years 2006-2010. West Coast Groundfish Observer
Program data indicate very few encounters with overfished species and
California state fish ticket data indicate that very few vessels
actually attained full trip limits between 2008 and 2010.
Based on these data, the Groundfish Management Team estimated that
landings would increase by approximately 0.2 metric tons, to a total of
2.2 metric tons. This modest increase in trip limits for shelf rockfish
is not expected to result in an overharvest of any species'
contribution to the complex as a result of this request.
Therefore, the Council recommended and NMFS is implementing
increased trip limits for shelf rockfish in the LE fixed gear fishery
south of 34[deg]27' N. lat., from ``3,000 pounds (1361 kg) per 2
months'' to ``4,000 pounds (1814 kg) per 2 months'' beginning in period
5, September 1, 2012 through the end of the year.
Bocaccio Trip Limits South of 34[deg]27' N. Lat.
There are increased encounters with bocaccio south of 34[deg]27' N.
lat. resulting from a very strong year class entering the fishery. In
order to reduce unnecessary discarding as a result of increased
encounters with the new year-class entrants, industry submitted a
request to the Council to raise the bimonthly limit of bocaccio south
of 34[deg]27' N. lat. The estimated take of bocaccio would increase to
0.7 metric tons from the annual average of 0.4 metric tons, which is
well within the non-trawl bocaccio allocation south of 40[deg]10' N.
lat.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for bocaccio in the LE fixed gear fishery south of
34[deg]27' N. lat. from ``300 pounds (136 kg) per two months'' to ``500
pounds (227 kg) per two months'' beginning in period 5, September 1,
2012 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 consistent with the Pacific Coast Groundfish FMP and its
implementing regulations.
[[Page 47324]]
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
These inseason changes in sablefish, shelf rockfish, and bocaccio
limits are based on the most recent data available. The aggregate data
upon which these actions are based are available for public inspection
at the Office of the Administrator, Northwest Region, NMFS, (see
ADDRESSES) during business hours.
For the following reasons, NMFS finds good cause to waive prior
public notice and comment on the revisions to groundfish management
measures under 5 U.S.C. 553(b) because notice and comment would be
impracticable and contrary to the public interest. Also, for the same
reasons, NMFS finds good cause to partially waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule
may become effective September 1, 2012.
At the June Council meeting, the Council recommended that these
changes, which are based on the most recent information available, be
implemented by September 1, 2012. 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 NMFS 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 from southern
California to Washington State. These adjustments to management
measures must be implemented in a timely manner, by September 1, 2012,
to: Allow LE fixed gear fishermen an opportunity to harvest their
limits in 2012 for sablefish without exceeding the ACL North of 36[deg]
N. lat., to allow harvest of shelf rockfish without exceeding the ACL
south of 34[deg]27' N. lat., and to allow incidental catch of bocaccio
without exceeding the ACL south of 34[deg]27' N. lat. in response to
significant recent recruitment events. These changes in the LE fixed
gear fishery continue to allow fishermen opportunities to harvest
available healthy stocks while staying within the ACLs for these
species. If this rule is not implemented immediately, the public could
have incorrect information regarding allowed LE fixed gear trip limits
which would cause confusion and be inconsistent with the intent of the
Council. It would be contrary to the public interest to delay
implementation of these changes until after public notice and comment,
because making this regulatory change by September 1, 2012, allows
harvest as intended by the Council in fisheries that are important to
coastal communities in a manner that prevents ACLs of overfished and
target species from being exceeded.
No aspect of this action is controversial and no change in
operating practices in the fishery is required from those intended in
this inseason adjustment.
Delaying these changes would also keep management measures in place
that are not based on the best available information. Such delay would
impair achievement of the Pacific Coast Groundfish FMP objectives of
providing for year-round harvest opportunities, extending fishing
opportunities as long as practicable during the fishing year, or
staying within ACLs or allocations for sablefish, shelf rockfish, and
bocaccio in the LE fixed gear fishery.
Accordingly, for the reasons stated above, NMFS finds good cause to
waive prior notice and comment and to partially waive the delay in
effectiveness.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 3, 2012.
Lindsay Fullenkamp,
Acting Deputy 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 2 (North) to part 660, Subpart E is revised to read as
follows:
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[[Page 47325]]
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[[Page 47326]]
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3. Table 2 (South) to part 660, Subpart E is revised to read as
follows:
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[GRAPHIC] [TIFF OMITTED] TR08AU12.001
[[Page 47327]]
[GRAPHIC] [TIFF OMITTED] TR08AU12.002
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[FR Doc. 2012-19445 Filed 8-7-12; 8:45 am]
BILLING CODE 3510-22-P
