[Federal Register Volume 75, Number 210 (Monday, November 1, 2010)]
[Rules and Regulations]
[Pages 67032-67042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27536]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100212086-0354-04]
RIN 0648-AY68
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Amendments 20 and 21; Trawl Rationalization Program;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: This final rule corrects trip limits for commercial groundfish
fisheries through the end of 2010 to reflect recent changes that were
implemented on October 4, 2010. This final rule is necessary to ensure
that the correct trip limit tables remain effective after November 1,
2010.
DATES: This rule is effective November 1, 2010.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2010, NMFS published a final rule (75 FR 32994,
100212086-0354-04) that implemented certain key components necessary
for issuance of permits and endorsements in time for use in the 2011
fishery and in order to have the 2011 specifications reflect the new
allocation scheme (the ``Initial Issuance Final Rule''). In addition,
that rule restructured the entire Pacific Coast groundfish regulations
to more closely track the organization of the proposed management
measures and to make the total groundfish regulations more clear.
On October 4, 2010, NMFS published inseason adjustments, effective
October 1, 2010, to commercial trip limits that were recommended by the
Pacific Fishery Management Council (Council) at its September 10-16,
2010 meeting in Boise, ID. These changes in the trip limit tables
included increases for the remainder of the year to bimonthly
cumulative limits in the limited entry trawl commercial fisheries off
Washington, Oregon, and California, and reductions to daily trip limits
(DTL) for sablefish in the limited entry fixed gear and open access
commercial fisheries south of 36[deg] N. lat.
The trip limit tables that published in the October 1, 2010,
initial issuance final rule did not include the October 4, 2010,
inseason changes to commercial trip limits. Without action to correct
the trip limit tables in the initial issuance final rule, the inseason
adjustments in the October 4, 2010, inseason final rule will be undone
on November 1, 2010, when the initial issuance final rule becomes
final.
Accordingly, this final rule corrects the trip limit tables in the
trawl fishery for sablefish, shortspine and longspine thornyheads,
Dover sole, arrowtooth flounder and other flatfish (Table 1 North and
Table 1 South to Part 660, Subpart D) consistent with the October 4,
2010, inseason changes. This final rule also corrects the trip limit
tables in the limited entry fishery south of 36[deg] N. lat. (Table 2
South to Part 660, Subpart E) and open access fisheries (Table 3 South
to Part 660, Subpart F) south of 36[deg] N. lat. for sablefish
consistent with October 4, 2010 inseason changes.
Classification
For the following reasons, NMFS finds good cause to waive prior
notice and comment and the 30-day delay in effectiveness pursuant to 5
U.S.C. 553 so that this correction is effective on November 1, 2010,
concurrent with the October 1, 2010, initial issuance final rule (75 FR
32994).
The correction to the trip limit tables in the limited entry trawl
fishery must
[[Page 67033]]
be implemented in a timely manner to allow fishermen an opportunity to
achieve the 2010 OYs specified for sablefish, longspine and shortspine
thornyheads, Dover sole, arrowtooth flounder, other flatfish, and slope
rockfish. Increases are necessary to relieve a restriction by allowing
fishermen increased opportunities to harvest available healthy stocks
while staying within the OYs for all species. These corrections must be
implemented in a timely manner, as quickly as possible, so that
fishermen are allowed consistent, increased opportunities to harvest
available healthy stocks and meet the objective of the Pacific Coast
Groundfish FMP to allow fisheries to approach, but not exceed, OYs.
Corrections to restrict cumulative limits in the limited entry
fixed gear and open access sablefish DTL fishery are needed to prevent
the 2010 sablefish OY in the area South of 36[deg] N. lat. from being
exceeded and prevent premature closure of fisheries that take
sablefish. This correction must be implemented in a timely manner by
November 1, 2010. Failure to correct the October 4, 2010, trip limit
restrictions by November 1, 2010, would risk premature closure of
fisheries that are important to coastal communities, which would fail
to meet the objectives of the Pacific Coast Groundfish FMP to allow for
year round fishing opportunities to provide community stability.
These corrections are needed to keep the harvest of groundfish
species within the harvest levels projected for 2010, while allowing
fishermen access to healthy stocks. Without these measures in place,
the fisheries could risk exceeding harvest levels, causing early and
unanticipated fishery closures and economic harm to fishing
communities. Delaying this correction would put management measures in
place that are not based on the best available data and that could lead
to early closures of the fishery if harvest of groundfish exceeds
levels projected for 2010. Such delay would impair achievement of one
of the Pacific Coast Groundfish FMP objectives of providing for year-
round harvest opportunities or extending fishing opportunities as long
as practicable during the fishing year.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: October 27, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
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For the reasons set out in the preamble, 50 CFR Chapter VI is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
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1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.
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2. Table 1 (North) and Table 1 (South) to part 660, subpart D are
revised to read as follows:
BILLING CODE 4160-01-P
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[GRAPHIC] [TIFF OMITTED] TR01NO10.000
[[Page 67035]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.001
[[Page 67036]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.002
[[Page 67037]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.003
[[Page 67038]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.004
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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] TR01NO10.005
[[Page 67040]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.006
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4. Table 3 (South) to part 660, subpart F is revised to read as
follows:
[[Page 67041]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.007
[[Page 67042]]
[GRAPHIC] [TIFF OMITTED] TR01NO10.008
[FR Doc. 2010-27536 Filed 10-29-10; 8:45 am]
BILLING CODE 3510-22-C