[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Rules and Regulations]
[Pages 38030-38041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16063]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 090428799-9802-01]
RIN 0648-BA00
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2010 Harvest Specifications for
Yelloweye Rockfish and In-Season Adjustments to Fishery Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; in-season adjustments to biennial groundfish
management measures; request for comments.
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SUMMARY: This final rule revises the 2010 harvest guidelines for
yelloweye rockfish and makes in-season adjustments to trawl fishery
management measures for several groundfish species taken in the U.S.
exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and
California. These actions, which are authorized by the Pacific Coast
Groundfish Fishery Management Plan (FMP), are intended to prevent
exceeding the 2010 OYs for yelloweye
[[Page 38031]]
rockfish, an overfished species, and for petrale sole and sablefish.
DATES: Effective July 1, 2010. Comments on this final rule must be
received no later than 5 p.m., local time on August 2, 2010.
ADDRESSES: You may submit comments, identified by RIN 0648-BA00, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://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: 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), 206-526-6147, fax: 206-526-6736, [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 (the Council or PFMC) Web site at http://www.pcouncil.org/.
Background
On December 31, 2008, NMFS published a proposed rule to implement
the 2009-2010 specifications and management measures for the Pacific
Coast groundfish fishery (73 FR 80516). A final rule was published on
March 6, 2009 (74 FR 9874), which codified the specifications and
management measures in the CFR (50 CFR part 660, subpart G). That
action set the 2009-2010 harvest specifications and management measures
for groundfish taken in the U.S. exclusive zone (EEZ) off the coasts of
Washington, Oregon, and California, and revised rebuilding plans for
four of seven overfished species, consistent with the Magnuson-Stevens
Fishery Conservation and Management Act (MSA) and the Pacific Coast
Groundfish Fishery Management Plan (FMP).
2010 Yelloweye Rockfish Harvest Specifications
In response to the latest in a series of complaints filed in
Natural Resources Defense Council v. Locke, Civil Action No. C 01-0421
JL, challenging the rebuilding provisions in the FMP, the U.S. District
Court for the Northern District of California vacated the 2010
Specifications for darkblotched rockfish, cowcod, and yelloweye
rockfish. Order Granting in Part and Denying in Part Parties' Cross-
Motions for Summary Judgment, Dkt. No. 340 (April 23, 2010) (Opinion).
The Order lowered the 2010 yelloweye rockfish OY. NMFS is issuing a
final rule to amend the regulatory requirements for yelloweye rockfish
in accordance with the court's order, lowering the 2010 yelloweye
rockfish OY from 17 mt to 14 mt. In the preamble to that rule, NMFS
described that the Pacific Fishery Management Council (Council),
through its in-season management process, would review the anticipated
catch of yelloweye rockfish and recommend to the agency the appropriate
management measures, including modifications to set asides or harvest
guidelines (HGs), to manage the fishery within these OY levels. This
rule makes those changes based on the information considered below.
At the time that the Order established a 14 mt yelloweye rockfish
OY, projected impacts to yelloweye rockfish was 17.0 mt. In an effort
to reduce the severe fisheries restrictions that would be necessary to
keep total mortality below the 14 mt OY, the states of Washington and
Oregon cancelled a 2010 scientific research study that was intended to
collect important biological information on yelloweye rockfish. The
cancellation of this enhanced rockfish survey reduced projected impacts
to yelloweye rockfish by 2.0 mt, resulting in total projected impacts
of 15 mt for a 14 mt OY.
NMFS also took action to reduce projected impacts to yelloweye
rockfish by cancelling two exempted fishing permits (EFPs) that were
scheduled to be issued in 2010. The cancellation of these two EFPs, and
the resulting reduction in exempted fishing effort, reduced yelloweye
rockfish impacts by 0.1 mt, resulting in total projected impacts of
14.9 mt for a 14 mt OY.
The limited entry trawl fishery model projects impacts to
overfished species. Prior to the June Council meeting, the model was
updated by incorporating the most recent (2009) west coast groundfish
observer program (WCGOP) data. According to the 2009 WCGOP data, the
bycatch rate of yelloweye rockfish was lower than previously thought,
therefore the impacts to yelloweye rockfish in 2010 are projected to be
lower than previously estimated. Updating the model, while leaving
management measures unchanged, reduced projected impacts to yelloweye
rockfish by 0.3 mt, resulting in total projected impacts of 14.6 mt for
a 14 mt OY.
At their June 11-17, 2010, meeting in Foster City, CA, the Council
reviewed the most recent catch data in all groundfish fisheries and
considered various ways to reduce projected impacts of yelloweye
rockfish to a level at or below the 14 mt OY. Based on the most recent
fishery data, projected catches of yelloweye rockfish in the limited
entry fixed gear (LEFG) and open access fisheries are lower than
anticipated due to inclement weather and lower than anticipated fishing
effort on target species that co-occur with yelloweye rockfish. Because
their projected impacts to yelloweye rockfish in the commercial fixed
gear fisheries are lower than anticipated, the Council recommended
reducing the catch sharing harvest guidelines in these sectors to a
combined total of 2.0 mt, with 0.8 mt of yelloweye rockfish anticipated
to be taken in the LEFG fishery and 1.2 mt of yelloweye rockfish
anticipated to be taken in the directed open access fishery. This will
allow for minimal disruption to summer fisheries, as no additional
restrictions to fishery management measures are necessary at this time
to stay below this lower HG. The states of Washington, Oregon and
California already have management measures in place to keep projected
impacts within their yelloweye rockfish HGs (Washington = 2.7 mt,
Oregon = 2.4 mt, California = 2.8 mt). Because of the cancellation of
the enhanced rockfish research survey activities and the savings it
provided relative to yelloweye rockfish, recreational harvest
guidelines for each state only had to be lowered by a small amount. The
Council recommended reducing each state's harvest guidelines by 0.1 mt,
resulting in new yelloweye rockfish HGs (Washington = 2.6 mt, Oregon =
2.3 mt, California = 2.7 mt). No additional restrictions to management
measures were necessary at this time to keep
[[Page 38032]]
projected impacts in recreational fisheries below these new HGs. As a
result of the changes to the limited entry fixed gear, directed open
access, and recreational fishery HGs, projected impacts to yelloweye
rockfish were lowered by 0.5 mt, resulting in total projected impacts
of 14.1 mt out for a 14 mt OY.
The Council also considered reducing the yelloweye rockfish bycatch
caps for the remaining EFP projects. If no changes to bycatch caps were
made, the projected impacts to yelloweye rockfish, if all of the EFPs
caught their entire yelloweye rockfish bycatch caps, would be 0.3 mt.
One EFP holder proposed to voluntarily reduce the 2010 yelloweye
rockfish bycatch cap for his project by 50 percent, because no
yelloweye rockfish were caught in their EFP activities in 2009. The
Council agreed and recommended that the bycatch cap for that EFP
project be lowered from 0.2 mt to 0.1 mt. Changing the bycatch cap on
this EFP project lowers impacts to yelloweye rockfish by 0.1 mt,
resulting in total projected impacts to yelloweye rockfish of 14.0 mt
out of a 14 mt OY.
Based on the most recent fishery information, no additional changes
to management measures are necessary to keep total projected impacts
below the 2010 yelloweye rockfish OY of 14 mt at this time. The Council
and NMFS will continue to monitor the most recent available fisheries
information throughout the year and may make changes to management
measures, if necessary, to keep projected impacts of yelloweye rockfish
below the 2010 yelloweye rockfish OY of 14 mt.
Limited Entry Non-Whiting Trawl Fishery Management Measures
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),
February 26, 2010 (75 FR 8820), and May 4, 2010 (75 FR 23620).
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). NMFS is
issuing a final rule that will make additional changes in response to
the duly issued court order (see 2010 Yelloweye Rockfish Harvest
Specifications). These specifications and management measures are at 50
CFR part 660, subpart G.
Changes to the 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 11-17, 2010, meeting in Foster City, CA. The
Council recommended adjusting the groundfish management measures to
respond to updated fishery information and other in-season management
needs. These changes include reductions to bi-monthly cumulative limits
in the limited entry non-whiting trawl commercial fisheries off
Washington, Oregon, and California. These reductions to trip limits
must be implemented by the start of the next bi-monthly cumulative
limit period, on or before July 1, 2010. Even a short delay in
implementation could allow fisheries to take the entire two-month limit
for this period. These changes are intended to reduce the catch of
petrale sole and sablefish in order to keep the total mortality of
these species within their 2010 OYs. The reductions to trip limits also
slightly reduce the projected impacts to co-occurring overfished
species.
Estimated mortality of overfished and target species are the result
of management measures designed to meet the Pacific Coast Groundfish
FMP objective of achieving, to the extent possible, but not exceeding,
OYs of target species, while fostering the rebuilding of overfished
stocks by remaining within their rebuilding OYs.
Catches of sablefish in the limited entry non-whiting trawl fishery
are tracking ahead of projections. If no action is taken, and sablefish
catch rates remain higher than previously expected throughout the year,
catch of sablefish through the end of the year is projected to be 3,003
mt, exceeding the 2010 trawl allocation of 2,995 mt by 48 mt. To slow
catch of sablefish and stay below the 2010 allocation, the Council
recommended an in-season adjustment reducing cumulative limits for
sablefish as well as other co-occurring target species (Dover sole)
coastwide, beginning on July 1, 2010.
Catches of petrale sole in the limited entry non-whiting trawl
fishery are also tracking ahead of projections. If no action is taken,
and petrale sole catch rates remain higher than previously expected
throughout the year, total coastwide catch of petrale sole through the
end of the year is projected to be 1,289 mt, exceeding the 2010
coastwide petrale sole OY of 1,200 mt by 89 mt. To slow catch of
petrale sole and stay below the 2010 petrale sole OY, the Council
recommended an in-season adjustment reducing cumulative limits for
petrale sole as well as other co-occurring target species (Dover sole
and ``other flatfish'') coastwide, beginning on July 1, 2010.
Based on the considerations outlined above, the Council recommended
and NMFS is implementing the following changes to cumulative limits in
the limited entry non-whiting trawl fishery for July 1, 2010: reduce
sablefish cumulative limits caught with large and small footrope trawl
gears coastwide to ``21,000 lb (9,525 kg) per 2 months'' in July-
December; reduce petrale sole cumulative limits caught with large and
small footrope trawl gears coastwide to ``6,300 lb (2,858 kg) per 2
months'' in July-December; reduce Dover sole cumulative limits caught
with large and small footrope trawl gears coastwide to ``100,000 lb
(45,359 kg) per 2 months'' in July-December; and reduce ``other
flatfish'' cumulative limits caught with large and small footrope trawl
gears coastwide to ``100,000 lb (45,359 kg) per 2 months'' in July-
December.
Classification
This rule revises the 2010 catch sharing harvest guidelines for
yelloweye rockfish to keep fishery impacts within the lowered yelloweye
rockfish OY in accordance with the court's order; makes routine in-
season 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 660.370(c)
and are exempt from review under Executive Order 12866.
These in-season 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, 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 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.
[[Page 38033]]
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 11-17, 2010, meeting in Foster City, CA.
The Council recommended that these changes be implemented on or as
close as possible to July 1, 2010. 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 OYs 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.
These adjustments to management measures must be implemented in a
timely manner to prevent 2010 OYs from being exceeded or to prevent
premature closure of the fishery. Decreases to bi-monthly cumulative
limits for sablefish, petrale sole, Dover sole, and other flatfish in
the limited entry trawl fishery are intended to prevent exceeding the
2010 OYs for these species and co-occurring species, and prevent
premature closure of fisheries that impact these species. These changes
must be implemented in a timely manner, on July 1, 2010. Bi-monthly
cumulative limits cover a two-month period, so if implementation is
delayed much past July 1, then fishermen could harvest the prior higher
limit before the revised limit is effective. Decreases to cumulative
limits for other flatfish and Dover sole in the limited entry trawl
fishery are intended to reduce impacts to petrale sole, a co-occurring
species for which a severely reduced OY was implemented for 2010 (74 FR
65480).
Delaying these changes would keep management measures in place that
are not based on the best available data, which could lead to exceeding
OYs or early closures of the fishery if harvest of groundfish exceeds
levels projected for 2010. Such delay would impair achievement of the
Pacific Coast Groundfish FMP objective of approaching, but not
exceeding, OYs.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: June 28, 2010.
Carrie Selberg,
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 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. Footnote ``/aa'' following Tables 1a through 1c to part 660, subpart
G, is revised to read as follows:
* * * * *
aa/ Yelloweye rockfish was fully assessed in 2006 and an
assessment update was completed in 2007. The 2007 stock assessment
update estimated the spawning stock biomass in 2006 to be at 14
percent of its unfished biomass coastwide. The 31 mt coastwide ABC
was derived from the base model in the new stock assessment with an
FMSYproxy of F50. The 17 mt OY is
based on a rebuilding plan with a target year to rebuild of 2084 and
an SPR harvest rate of 66.3 percent in 2009 and 2010 and an SPR
harvest rate of 71.9 percent for 2011 and beyond. The OY is reduced
by 2.8 mt for the amount anticipated to be taken during research
activity, 2.3 mt the amount estimated to be taken in the tribal
fisheries and 0.3 mt for the amount expected to be taken
incidentally in non-groundfish fisheries. The catch sharing harvest
guidelines for yelloweye rockfish in 2009 are: limited entry non-
whiting trawl 0.6 mt, limited entry whiting 0.0 mt, limited entry
fixed gear 1.4 mt, directed open access 1.1 mt, Washington
recreational 2.7 mt, Oregon recreational 2.4 mt, California
recreational 2.8 mt, and 0.3 mt for exempted fishing.
* * * * *
0
3. Table 2a to part 660, subpart G, and footnote ``/aa'' following
Tables 2a through 2c to part 660, subpart G, are revised to read as
follows:
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aa/ Yelloweye rockfish was fully assessed in 2006 and an
assessment update was completed in 2007. The 2007 stock assessment
update estimated the spawning stock biomass in 2006 to be at 14
percent of its unfished biomass coastwide. The 32 mt coastwide ABC
was derived from the base model in the new stock assessment with an
FMSY proxy of F50. The 14 mt OY is
based on the need to conform the 2010 yelloweye rockfish harvest
specifications to the Court's
[[Page 38037]]
Order in Natural Resources Defense Council v. Locke, Civil Action
No. C 01-0421 JL. The amount anticipated to be taken during
scientific research activity is 1.3 mt, the amount anticipated to be
taken in the tribal fisheries is 2.3 mt, and the amount anticipated
to be taken incidentally in non-groundfish fisheries is 0.3 mt. The
catch sharing harvest guidelines for yelloweye rockfish in 2010 are:
Limited entry non-whiting trawl 0.3 mt, limited entry whiting 0.0
mt, limited entry fixed gear 0.8 mt, directed open access 1.2 mt,
Washington recreational 2.6 mt, Oregon recreational 2.3 mt,
California recreational 2.7 mt, and 0.2 mt for exempted fishing.
* * * * *
0
4. Tables 3 (North) and 3 (South) to part 660, subpart G, are revised
to read as follows:
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[FR Doc. 2010-16063 Filed 6-30-10; 8:45 am]
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