[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Rules and Regulations]
[Pages 23615-23620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10400]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0809121213-9221-02]
RIN 0648-AY82
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Inseason Adjustments; Pacific Halibut Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to management measures;
announcement of elimination of incidental Pacific halibut retention
allowance; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule announces two actions: an inseason change to
the regulations regarding the retention of Pacific halibut landed
incidentally in the limited entry fixed gear primary sablefish fishery
north of Pt. Chehalis, Washington (46[deg]53.30' N. lat.); and an
inseason change to the cumulative limit for minor slope rockfish and
darkblotched rockfish north of 40[deg]10.00' N. lat. in the commercial
Pacific Coast groundfish limited entry trawl fishery. These actions,
which are authorized by the Pacific Coast Groundfish Fishery Management
Plan (FMP), are intended to prevent exceeding the 2010 Area 2A Pacific
halibut quota and to prevent exceeding the 2010 OY for darkblotched
rockfish, an overfished species.
DATES: Effective 0001 hours (local time) May 1, 2010. Comments on this
final rule must be received no later than 5 p.m., local time on June 3,
2010.
ADDRESSES: You may submit comments, identified by RIN 0648-AY82 by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
[[Page 23616]]
Fax: 206-526-6736, Attn: Gretchen Hanshew.
Mail: Barry A. Thom, Acting Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Gretchen Hanshew.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region,
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the Internet at the Office of the
Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html.
Background information and documents are available at the Pacific
Fishery Management Council's Web site at http://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, subpart
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. A proposed rule to
implement the 2009-2010 groundfish harvest specifications and
management measures was published on December 31, 2008, (73 FR 80516).
The final rule to implement the 2009-2010 specifications and management
measures for the Pacific Coast Groundfish Fishery was published on
March 6, 2009 (74 FR 9874). This final rule was subsequently amended by
inseason actions on April 27, 2009 (74 FR 19011), July 6, 2009 (74 FR
31874), October 28, 2009 (74 FR 55468), and February 26, 2010 (75 FR
8820). Additional changes to the 2009-2010 specifications and
management measures for petrale sole were made in two final rules: On
November 4, 2009 (74 FR 57117), and December 10, 2009 (74 FR 65480).
These specifications and management measures are at 50 CFR part 660,
subpart G.
The reduction to the bimonthly cumulative limit for minor slope
rockfish and darkblotched rockfish in the limited entry bottom trawl
fishery implemented by this action was recommended by the Council, in
consultation with Pacific Coast Treaty Indian Tribes and the States of
Washington, Oregon, and California, at its April 9 through April 15,
2010, meeting in Portland, Oregon. The elimination of incidental
Pacific halibut (halibut) retention in the limited entry fixed gear
primary sablefish fishery north of Point Chehalis, Washington
(46[deg]53.30' N. lat.) is implemented in order to achieve consistency
with the 2010 halibut rule and Catch Sharing Plan published on March
18, 2010 (75 FR 13024). These changes must be effective on May 1, 2010.
On April 23, 2010, NMFS received a decision in the case of Natural
Resources Defense Council v. Locke, Case No. C 01-0421 JL (N.D. Cal.)
in which the court has ruled against NMFS on an issue relating to
darkblotched rockfish. The court has not yet issued the Order on
Remedy, and NMFS is in the process of determining the full implications
of this decision. NMFS is publishing this rule as scheduled for the
reasons described below. Upon further review of the court decision NMFS
will determine whether additional measures may be needed with respect
to darkblotched rockfish and will implement any such measures in a
subsequent rule.
Limited Entry Fixed Gear Sablefish Primary Fishery
The International Pacific Halibut Commission (IPHC) sets the
halibut total allowable catch (TAC) on an annual basis. A portion of
the TAC is available to fisheries in Area 2A (waters off the U.S. West
Coast). The Council's Catch Sharing Plan (CSP) guides allocation of the
Area 2A portion of the TAC to the various commercial and recreational
fisheries in Area 2A. It provides that if the Area 2A TAC is greater
than 900,000 lb, the portion of the Washington sport allocation that is
in excess of 214,110 lb is available to the primary directed sablefish
fishery north of Point Chehalis. NMFS published the 2010 halibut final
rule and CSP on March 18, 2010 (75 FR 13024). The final Area 2A halibut
TAC for 2010 was adopted by the IPHC at their January 26 through
January 29, 2010 meeting, and is below 900,000-lbs (408-mt). Therefore,
based on the CSP, no halibut quota is assigned to the limited entry
fixed gear sablefish primary fishery. Since there is no halibut
available for this fishery in 2010, no retention of halibut will be
allowed in the limited entry fixed gear sablefish primary fishery north
of Point Chehalis, Washington.
The Council was notified of this issue at its March 6 through March
11, 2010 meeting. Through this inseason rule, NMFS is eliminating the
halibut retention allowance for the limited entry fixed gear sablefish
fishery north of Point Chehalis, Washington (46[deg]53.30' N. lat.) to
change the 2010 Pacific halibut possession and landing limits in this
area from ``100-lb (45-kg) dressed weight, head-on of halibut per
fishing trip'' to ``no retention of halibut.'' Limited Entry Trawl
Fishery North of 40[deg]10.00' N. lat.
Catches of darkblotched rockfish in the limited entry trawl fishery
north of 40[deg]10.00' N. lat. are tracking ahead of projections. If no
action were taken, and darkblotched rockfish catch rates remain higher
than previously expected throughout the year, total coastwide catch of
darkblotched rockfish through the end of the year is projected to be
369 mt, exceeding the 2010 coastwide darkblotched rockfish OY of 291 mt
by 78 mt. Therefore, to slow catch of darkblotched rockfish and stay
below the 2010 darkblotched rockfish OY, the Council at its April 9
through April 15, 2010 meeting considered an inseason adjustment
reducing ``minor slope rockfish and darkblotched rockfish'' cumulative
limits in the area north of 40[deg]10.00' N. lat. beginning on May 1,
2010. The Groundfish Management Team (GMT), an advisory body to the
Council, recommended reducing the bimonthly cumulative limit from 6,000
lb (2722 kg) per two months to 2,000 lb (907 kg) per two months. With
this change, if the species composition is unchanged under this lower
limit, total coastwide catch of darkblotched rockfish through the end
of the year is projected to be 285 mt, 6 mt below the 2010 OY.
Based on rationale described above, the Council recommended and
NMFS is implementing a decrease in the limited entry trawl fishery
cumulative limit for minor slope rockfish and darkblotched rockfish
north of 40[deg]10.00' N. lat. from ``6,000 lb (2722 kg) per two
months'' to ``2,000 lb (907 kg) per two months'' from May 1 through
December 31.
[[Page 23617]]
Classification
These actions are taken under the authority of 50 CFR 660.370(c)
and are exempt from review under Executive Order 12866.
This inseason adjustment is taken under the authority of: (1) The
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and is in accordance with 50 CFR part 660, the
regulations implementing the FMP; and (2) the Halibut Act and its
implementing regulations. This action is based on the most recent data
available. The aggregate data upon which this action is 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 revision 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 waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule
may become effective by May 1, 2010.
The 2010 Pacific halibut TAC was adopted by the IPHC at its January
2010 meeting and was presented to the Council at its March 5 through
March 11, 2010, meeting in Sacramento, California. The change for the
limited entry fixed gear sablefish fishery described in this rule is
based on the 2010 TAC in conjunction with the 2010 CSP. The fishery
data upon which the change in the limited entry bottom trawl fishery
was based was provided to the Council at its April 10 through April 15,
2010, meeting in Portland, Oregon, the first Council meeting at which
this data was available. These changes must be implemented by May 1,
2010 in order to avoid fisheries exceeding the 2010 halibut TAC and the
2010 darkblotched rockfish OY. There was not sufficient time after the
March and April Council meetings to conduct proposed and final
rulemaking before these actions need to be in effect. For the actions
to be implemented in this final rule, affording the time necessary for
prior notice and opportunity for public comment would prevent the
Agency from managing fisheries using the best available science to
approach, without exceeding, the OYs or TACs for Federally managed
species in accordance with the FMP, the CSP, and applicable laws. The
adjustments to management measures in this document affect commercial
fisheries off Washington, Oregon and northern California.
These adjustments to management measures must be implemented in a
timely manner to prevent the Area 2A portion of the 2010 halibut TAC
from being exceeded. The elimination of halibut retention in the
limited entry fixed gear sablefish primary fishery is intended to
prevent exceeding the Area 2A portion of the 2010 Pacific halibut TAC.
These changes must be implemented in a timely manner, by May 1, 2010
which is when the incidental halibut retention allowance is currently
scheduled to begin.
These adjustments to management measures must be implemented in a
timely manner to prevent the 2010 darkblotched rockfish OY from being
exceeded. The decrease to the ``minor slope rockfish and darkblotched
rockfish'' trip limit in the limited entry non-whiting bottom trawl
fishery is intended to prevent exceeding the 2010 darkblotched rockfish
OY, and prevent premature closure of fisheries that impact darkblotched
rockfish, an overfished species. These changes must be implemented in a
timely manner, by May 1, 2010, which is the start of the cumulative
period. Even a short delay in implementation could allow fisheries to
take the entire two month limit for this period.
Delaying the implementation of this rule would impair achievement
of the Pacific halibut Catch Sharing Plan objective to manage fisheries
to remain within the TAC for Area 2A, while also allowing each
commercial, recreational (sport), and Tribal fishery to target halibut
in the manner that is appropriate to meet both the conservation
requirements for species that co-occur with Pacific halibut and the
needs of fishery participants in particular fisheries and fishing
areas. Such delay would also 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, and staying within the OY for darkblotched
rockfish.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: April 29, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
0
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 is amended to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
0
2. In Sec. 660.372, paragraph (b)(3)(iv) is revised to read as
follows:
Sec. 660.372 Fixed gear sablefish fishery management.
* * * * *
(b) * * *
(3) * * *
(iv) Incidental halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N. lat.). No halibut retention is allowed during the
primary sablefish fishery in 2010.
* * * * *
0
3. Table 3 (North) to part 660, subpart G is revised to read as
follows:
BILLING CODE 3510-22-P
[[Page 23618]]
[GRAPHIC] [TIFF OMITTED] TR04MY10.275
[[Page 23619]]
[GRAPHIC] [TIFF OMITTED] TR04MY10.276
[[Page 23620]]
[GRAPHIC] [TIFF OMITTED] TR04MY10.277
[FR Doc. 2010-10400 Filed 4-29-10; 4:15 pm]
BILLING CODE 3510-22-C