Rule: Fishery Conservation and Management: West Coast States and Western Pacific Fisheries&#8212 Pacific Coast Groundfish

56664 Federal Register / Vol. 72, No.
192 / Thursday, October 4, 2007 / Rules and Regulations
Protective Order that has been entered by the Pacific Coast Groundfish Fishery and are implemented by NMFS. A
Commission in this proceeding, and that I Management Plan (FMP), are intended proposed rule to implement the 2007–
agree to be bound by its terms pertaining to to allow fisheries to access more 2008 specifications and management
the treatment of Confidential Information abundant groundfish stocks while measures for the Pacific Coast
submitted by parties to this proceeding. I
understand that the Confidential Information
protecting overfished and depleted groundfish fishery and Amendment 16–
shall not be disclosed to anyone except in stocks. 4 of the FMP was published on
accordance with the terms of the Protective DATES: Effective 0001 hours (local time)
September 29, 2006 (71 FR 57764). The
Order and shall be used only for purposes of October 1, 2007. Comments on this final final rule to implement the 2007–2008
the proceedings in this matter. I acknowledge rule must be received no later than 5 specifications and management
that a violation of the Protective Order is a
p.m., local time on November 5, 2007. measures for the Pacific Coast
violation of an order of the Federal Groundfish Fishery was published on
Communications Commission. I acknowledge ADDRESSES: You may submit comments,
December 29, 2006 (71 FR 78638). These
that this Protective Order is also a binding identified by RIN 0648–AW07 by any specifications and management
agreement with the Submitting Party. I am one of the following methods: measures were codified in the CFR (50
not in a position to use the Confidential • Electronic Submissions: Submit all
CFR part 660, subpart G). The final rule
Information for competitive commercial or electronic public comments via the
business purposes, including competitive was subsequently amended on: March
Federal eRulemaking Portal http://
decision-making, and my activities, 20, 2007 (71 FR 13043); April 18, 2007
www.regulations.gov.
association or relationship with the (72 FR 19390); July 5, 2007 (72 FR
• Fax: 206–526–6736, Attn: Gretchen
Reviewing Parties, Authorized 36617); August 3, 2007 (72 FR 43193);
Arentzen
Representatives, or other persons does not
• Mail: D. Robert Lohn, and September 18, 2007 (72 FR 53165).
involve rendering advice or participating in Changes to current groundfish
any or all of the Reviewing Parties,’ Administrator, Northwest Region,
management measures implemented by
Associated Representatives’ or other persons’ NMFS, 7600 Sand Point Way NE,
this action were recommended by the
business decisions that are or will be made Seattle, WA 98115–0070, Attn: Gretchen
Council, in consultation with Pacific
in light of similar or corresponding Arentzen.
Coast Treaty Indian Tribes and the
information about a competitor. Instructions: All comments received
(signed) lllllllllllllllll
States of Washington, Oregon, and
are a part of the public record and will
(printed name) lllllllllllll California, at its September 10–14, 2007,
generally be posted to http://
(representing) llllllllllllll meeting in Portland, Oregon. At that
www.regulations.gov without change.
(title) llllllllllllllllll meeting, the Pacific Council
All Personal Identifying Information (for
(employer) lllllllllllllll recommended adjusting current
example, name, address, etc.)
(address) llllllllllllllll groundfish management measures to
(phone) lllllllllllllllll voluntarily submitted by the commenter
respond to updated fishery information
(date) llllllllllllllllll may be publicly accessible. Do not
and other inseason management needs.
submit Confidential Business The Pacific Council recommended: (1)
[FR Doc. 07–4935 Filed 10–3–07; 8:45 am] Information or otherwise sensitive or
BILLING CODE 6712–01–P
increasing the 2–month cumulative
protected information. limit in the limited entry fixed gear
NMFS will accept anonymous fishery for shortspine thornyheads south
comments. Attachments to electronic of 34°27′ N. lat.; (2) prohibiting
DEPARTMENT OF COMMERCE comments will be accepted in Microsoft retention of cabezon by recreational
Word, Excel, WordPerfect, or Adobe ocean boat anglers in Federal waters off
National Oceanic and Atmospheric PDF file formats only.
Administration Oregon; (3) closing the Federal
FOR FURTHER INFORMATION CONTACT: recreational fishing season for rockfish,
Gretchen Arentzen (Northwest Region, cabezon, greenlings, and lingcod from
50 CFR Part 660 NMFS), phone: 206–526–6147, fax: 206– 42° N. lat. to 37°11′ N. lat.; (4) adjust the
[Docket No. 060824226–6322–02] 526–6736 and e-mail shoreward boundary of the limited entry
gretchen.arentzen@noaa.gov. non-whiting trawl RCA to a line
RIN 0648–AW07
SUPPLEMENTARY INFORMATION: approximating the 75–fm (137–m) depth
Magnuson-Stevens Act Provisions; contour North of Cape Alava (48°10′ N.
Electronic Access lat.) and between Humbug Mountain
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; This final rule is accessible via the (43°20.83′ N. lat.) and Cape Arago
Biennial Specifications and Internet at the Office of the Federal (42°40.50′ N. lat.); (5) increasing
Management Measures; Inseason Register′s Website at http:// coastwide sablefish limits for large and
Adjustments www.gpoaccess.gov/fr/index.html. small footrope trawl gear; (6) increasing
Background information and documents longspine thornyhead limits south of
AGENCY: National Marine Fisheries are available at the Pacific Fishery 40°10′ N. lat. for large and small
Service (NMFS), National Oceanic and Management Council′s (Council′s) footrope trawl gear; (7) increasing
Atmospheric Administration (NOAA), website at http://www.pcouncil.org/. shortspine thornyhead limits coastwide
Commerce. for large and small footrope trawl gear;
Background (8) increasing coastwide Dover sole
ACTION: Final rule; inseason adjustments
to groundfish management measures; The Pacific Coast Groundfish FMP limits for large and small footrope trawl
request for comments. and its implementing regulations at title gear; (9) increasing coastwide other
50 in the Code of Federal Regulations flatfish limits for large and small
SUMMARY: This final rule announces (CFR), part 660, subpart G, regulate footrope trawl gear; (10) increasing
inseason changes to management fishing for over 90 species of groundfish petrale sole limits north of 40°10′ N. lat.
pwalker on PROD1PC71 with RULES
measures in the commercial and off the coasts of Washington, Oregon, for large and small footrope trawl gear;
recreational Pacific Coast groundfish and California. Groundfish (11) increasing slope rockfish limits for
fisheries and the reopening of the 2007 specifications and management limited entry trawl gear south of 38° N.
Pacific whiting primary season. These measures are developed by the Pacific lat.; (12) increasing the 2007 non-tribal
actions, which are authorized by the Fishery Management Council (Council), whiting widow rockfish bycatch limit
VerDate Aug<31>2005 16:13 Oct 03, 2007 Jkt 214001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1
Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations 56665
from 220 mt to 275 mt, and (13) re- impacts on overfished species are rockfish, which are 2.1 mt, 9 mt, and
opening the 2007 non-tribal whiting expected to occur as a result of 426 mt, respectively, are projected to be
primary season for the catcher- increasing shortspine thornyhead trip exceeded. California projected that
processor, mothership, and shore-based limits. without taking inseason action, the total
sectors. Therefore, the Council recommended, 2007 mortality from the California
NMFS has considered these and NMFS is implementing the recreational fishery would be: 8.4 mt
recommendations, and is implementing following changes for the limited entry yelloweye rockfish; 12.3 mt canary
them as described below. Pacific Coast fixed gear fishery: (1) South of 34°27′ N. rockfish; and 564 mt minor nearshore
groundfish landings will be monitored lat., increase the shortspine thornyhead rockfish. Updates were made to catch
throughout the remainder of the year, limits from 2,000 lb (907 kg) per 2 and effort estimation methodologies to
and further adjustments to trip limits or months to 3,000 lb (1,361 kg) per 2 incorporate the most recent catch and
management measures may be made as months, beginning October 1. effort data, which indicates higher than
necessary to allow achievement of, or to previously expected catches have
avoid exceeding, optimum yields (OYs). Recreational Fishery Management
occurred in the 2007 recreational fishery
Measures
Limited Entry Fixed Gear Trip Limits off California. Original projections for
South of 40°10′ N. Lat. Oregon Recreational Fishery California coastwide catches of
In the Oregon recreational groundfish yelloweye rockfish in May and June
As of May 31, 2007, the total were too low, and higher than expected
shortspine thornyhead landings south of fishery, the Oregon Department of Fish
and Wildlife (ODFW) manages cabezon, catches of yelloweye rockfish also
34°27′ N. lat. were estimated to be 60.6 occurred in July north of 37°11′ N. lat.
mt out of a 421–mt OY. In June 2007, which is harvested primarily in state
waters, under a state harvest limit. (Pigeon Point, CA) to the California-
the Council recommended a short term Oregon border at 42 N. lat.. Both of
increase in shortspine thornyhead Oregon recreational catch estimates
through July and projections from these factors have contributed to
cumulative limits south of 34°27′ N. lat..
historical temporal catch patterns increased catch projections for the 2007
The Council considered that increases
indicate that the Oregon state harvest season, and without inseason action the
in effort in this area could result in
limit for cabezon of 15.8 mt has been California recreational catch of
higher incidental catches of sablefish
reached. State harvest limits apply to yelloweye rockfish, in combination with
and other species; however, estimates at
landings by recreational ocean boats and all other coastwide recreational and
that time showed that sablefish catches
do not include shore catch and discards. commercial fishery impacts, would
in this area were lower than they had
State harvest limits are subset of Federal exceed the 2007 yelloweye rockfish OY.
been predicted to be at the beginning of
limits; the 2007 cabezon OY is 69 mt. State harvest limits apply to landings by
the year. To balance the potential
impacts on sablefish from a possible Effective August 11, 2007, Oregon recreational ocean boats and do not
effort shift and the larger amount of prohibited cabezon retention in the include shore catch and discards. To
shortspine thornyheads available for recreational ocean and estuary boat reduce recreational fishery impacts on
harvest, the shortspine thornyhead fisheries. Shore fisheries, including yelloweye and canary rockfish,
cumulative limits south of 34°27′ N. lat. shore-based diving, angling and spear California will close the recreational
were increased during Period 4 (July- fishing, were not affected by this boat-based fisheries north of 37°11′ N.
August), and reverted back to the lower closure. A similar closure was lat. for all Federal groundfish species
limits for Periods 5 and 6 (September- implemented by ODFW for cabezon in subject to bag limits in that area,
October and November-December, 2006, on September 22, 2006. Landings effective October 1, 2007. Projections
respectively). data updated later in the year confirmed indicate that closure of the California
At its September meeting, the Council that the management measure was recreational fishery north of 37°11′ N.
considered further adjustments to appropriate; cabezon landings were 14.9 lat. will reduce the impacts on
shortspine thornyhead cumulative mt, or 94 percent of the 2006 state yelloweye rockfish and canary rockfish,
limits based on more recently available harvest limit. and keep the mortality of yelloweye
fishery data. Period 4 increases in the Therefore, in order to conform rockfish within the 2007 OY. California
shortspine thornyhead cumulative limit recreational management measures for projected that taking inseason action to
did not result in a large effort shift, and Federal waters (3 200 nm) to close recreational fishing from 42° N.
only slightly increased the catch rate in management measures for Oregon state lat. to 37°11′ N. lat. would reduce the
this area. As of September 15, 2007, the waters (0 3 nm), the Pacific Council total mortality from the California
total shortspine thornyhead landings recommended and NMFS is recreational fishery to: 7.2 mt yelloweye
south of 34°27′ N. lat. were estimated to implementing a prohibition on the rockfish; 10.1 mt canary rockfish; and
be 87 mt out of a 421–mt OY. The retention of cabezon by ocean boat 523 mt minor nearshore rockfish. Shore
Council considered continuing the anglers off Oregon in Federal fisheries, including shore-based diving,
Period 4 increases to the shortspine recreational regulations beginning angling and spear fishing, were not
thornyhead cumulative limit south of October 1. affected by this closure, nor were
34°27′ N. lat. through the end of the fisheries not subject to bag limits.
year. Estimates show that sablefish California Recreational Fishery Therefore, in order to conform
catches in this area are lower than they In the California recreational recreational management measures for
had been predicted to be at the groundfish fishery, the California Federal waters (3 200 nm) to
beginning of the year, and that Department of Fish and Game (CDFG) management measures for California
maintaining the higher shortspine manages yelloweye, canary, and minor state waters (0 3 nm), the Pacific
thornyhead cumulative limit would not nearshore rockfish under state harvest Council recommended and NMFS is
exceed the 2007 sablefish 211–mt OY in limits. California recreational catch implementing a closure of the Federal
this area. Shortspine thornyheads are a estimates through July and projections recreational fishing season for rockfish,
slope rockfish species and the based on recent catch patterns indicate cabezon, greenlings, and lingcod from
overfished species south of 36° N. lat. that the California state harvest limit for 42° N. lat. to 37°11′ N. lat. beginning
are shelf species, so no increased yelloweye, canary, and minor nearshore October 1.
56666 Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations
Limited Entry Trawl Fishery shoreward boundary of the RCA from a mt) of the minor slope rockfish OY
Management Measures line approximating the 75–fm (137–m) south of 38 N. lat.. These projections are
Catch of canary rockfish by research depth contour to the shore to keep below the anticipated catch projections
vessels is lower than projected for 2007. canary rockfish within the 2007 canary through the end of 2007, and continuing
Earlier in the year, an advisory body to rockfish OY. With the lower than the trawl fishery under these limits is
the Pacific Council, the Groundfish expected catch of canary rockfish by projected to prevent the fishery from
Management Team (GMT), had research vessels and lowered impacts on attaining the OYs for these species.
projected 7.7 mt of canary rockfish canary rockfish due to closure of the Increases to cumulative limits are
would be taken as 2007 research catch California recreational fishery from 42° expected to increase overall catch
in their bycatch scorecard. The bycatch N. lat. to 37°11′ N. lat., the Council levels, but those increases are predicted
considered the impacts of adjusting the to be within the 2007 OYs for these
scorecard is a tool used by the GMT to
shoreward RCA boundary and providing species. Increased catch levels for these
track estimated and projected total
fishing opportunity in areas that had species will increase the canary rockfish
mortality of overfished species for the
been closed earlier in the year to protect catch in the limited entry non-whiting
year. The 7.7 mt of canary rockfish
canary rockfish. Based on the most trawl fishery by 0.3 mt, but are not
projected earlier this year to be taken in
recently available data from the trawl expected to result in greater than
2007 scientific research consisted of 7.3
fishery, reopening these areas would projected impacts on other overfished
mt from the NMFS trawl survey and 0.4
take an additional 1.7 mt of canary species. Yelloweye rockfish, impacts to
mt from other research. The projected
rockfish but would not be expected to which are of concern in hook-and-line
catch of 7.3 mt for the NMFS trawl
increase impacts to any other overfished fisheries like the California recreational
survey is equivalent to the total 2006 species.
catch of canary rockfish in this survey; fishery, are rarely taken in trawl
The Council also considered fisheries.
however, in 2001–2005 no more than adjustments to trip limits in the limited
2.3 mt of canary rockfish was taken per Therefore, the Council recommended
entry non-whiting trawl fishery. At the
year in this survey. Based on and NMFS is implementing the
September meeting, the GMT reviewed
preliminary information received from following changes for the limited entry
the best available data on estimates of
the NMFS trawl survey research vessels trawl fishery through the end of the
landed catch and total mortality for the
on September 10, 2007, the total 2007 year, beginning October 1 unless
limited entry trawl fishery. These data,
research catch for the trawl survey is otherwise specified: (1) Adjust the
which which estimated catch through
predicted to be 3.3 mt; therefore, the the end of July, were compared to catch shoreward boundary of the limited entry
GMT reduced the total projected 2007 and mortality estimates modeled for the non-whiting trawl RCA to a line
research catch value in the bycatch trawl fishery and were used to update approximating the 75–fm (137–m) depth
scorecard from 7.7 mt to 3.7 mt of catch predictions through the end of the contour North of Cape Alava (48°10′ N.
canary rockfish (3.3 mt from the NMFS year. Based on the Pacific Fishery lat.) and between Humbug Mountain
triennial trawl survey and 0.4 mt from Information Network′s (PacFIN′s) Quota (43°20.83′ N. lat.) and Cape Arago
other research). At the time of the Species Monitoring(QSM) data, (42°40.50′ N. lat.); (2) increase
update, the NMFS trawl survey was groundfish landed catch and total coastwide sablefish limits for large and
complete in almost all of the areas mortality data were lower than expected small footrope trawl gear to 22,000 lb
where high catch of canary rockfish for all target species taken with large (9,979 kg) per 2 months; (3) increase
occurred in 2006, and no high canary and small footrope trawl gear in the longspine thornyhead limits south of
rockfish catches have occurred thus far. non-whiting trawl fishery. These species 40°10′ N. lat. for large and small
The updated value NMFS researchers include: sablefish; longspine and footrope trawl gear from 22,000 lb
provided to the GMT included expected shortspine thornyheads; Dover sole; (9,979 kg) per 2 months to 25,000 lb
catches for the remainder of the 2007 other flatfish; petrale sole; and slope (11,340 kg) per 2 months; (4) increase
survey. The reduction in the expected rockfish species. The Council shortspine thornyhead limits north of
amount of canary rockfish caught by considered increases to trip limits for 40°10′ N. lat. for large and small
research vessels, and the decrease in the these species and the potential impacts footrope trawl gear from 10,000 lb
expected amount of canary rockfish on overall catch levels and overfished (4,536 kg) per 2 months to 12,000 lb
caught in California recreational species. (5,443 kg) per 2 months; (5) increase
fisheries due to recreational closures in The most recently updated catch shortspine thornyhead limits south of
the North and North Central regions, is projections for 2007 indicate that the 40°10′ N. lat. for large and small
projected to result in a lower total following percentages of groundfish footrope trawl gear from 7,500 lb (3,402
estimated canary rockfish mortality of species or species groups are expected kg) per 2 months to 13,000 lb (5,896 kg)
40.4 mt out of a 44–mt OY. to be taken through the end of the year: per 2 months; (6) increase Dover sole
81 percent (2,138 mt out of 2,651 mt) of limits for large and small footrope trawl
Non-whiting Limited Entry Trawl gear from 60,000 lb (27,216 kg) north of
the trawl allocation of sablefish north of
Fishery 36°; 37 percent (827 mt out of 2,220 mt) 40°10′ N. lat. and 80,000 lb (36,287 kg)
The Council received a request to of the longspine thornyhead OY north of south of 40°10′ N. lat. to 95,000 lb
consider adjusting the shoreward 34°27′ N. lat.; 52 percent (853 mt out of (43,091 kg) per 2 months coastwide; (7)
boundary of the limited entry non- 1,634 mt) of the coastwide shortspine increase coastwide other flatfish limits
whiting trawl rockfish conservation area thornyhead OY; 58 percent (9,595 mt for large and small footrope trawl gear
(RCA) to open the areas shoreward of a out of 16,500 mt) of the coastwide Dover from 110,000 lb (49,895 kg) to 150,000
line approximating the 75–fm (137–m) sole OY; 62 percent (3,599 mt out of lb (68,039 kg) per 2 months; (8) increase
depth contour North of Cape Alava 5,800 mt) of the coastwide arrowtooth petrale sole limits north of 40°10′ N. lat.
(48°10′ N. lat.) and between Humbug flounder OY; 94 percent (2,356 mt out for large and small footrope trawl gear
Mountain (43°20.83′ N. lat.) and Cape of 2,499 mt) of the coastwide petrale from 30,000 lb (13,608 kg) per 2 months
Arago (42°40.50′ N. lat.). These sole OY; 31 percent (1,510 mt out of to 40,000 lb (18,143 kg) per 2 months
shoreward areas were closed on April 4,884 mt) of the coastwide other flatfish beginning in Period 6, and; (9) increase
18, 2007 (72 FR 19390) by moving the OY, and; 16 percent (286 mt out of 1,786 slope rockfish limits for limited entry
trawl gear south of 38° N. lat. from whiting fishery to 275 mt, resulting in whiting fishery seaward of a line
40,000 lb (18,143 kg) per 2 months to 32.7 mt of widow rockfish projected to approximating the 150–fm (274–m)
55,000 lb (36,287 kg) per 2 months. remain unharvested through 2007. depth contour to reduce the impacts on
Widow rockfish is primarily taken as canary rockfish, which are strongly
Limited Entry Trawl Whiting Fishery
bycatch in the whiting fisheries. associated with shelf habitat in depths
The 2007 Pacific whiting (whiting) The whiting fishery exceeded their shoreward of 150 fm (274 m), and to
primary season closed for the catcher- initial 2007 bycatch limit for widow keep the total catch of canary rockfish
processor, mothership and shore-based rockfish of 220 mt by 21.6 mt. This is within the bycatch limit of 4.7 mt.
sectors on July 26, 2007 (72 FR 46176) likely due to several factors, including: Estimates show that if the entire
when estimates indicated that the fishing effort increased during the remaining whiting OY were prosecuted
bycatch limit for widow rockfish had period when fishery participants knew seaward of 150 fm (274 m), the canary
been reached. The limited availability of that the fishery was nearing the widow rockfish catch would be 4.7 mt,
overfished species that can be taken as rockfish bycatch limit; some final equivalent to the 2007 bycatch limit.
incidental catch in the whiting fisheries, landings data were delayed, which Shifting all of the non-tribal whiting
particularly canary, darkblotched and caused a delay in the total catch fishery effort seaward of a line
widow rockfish, led to NMFS estimates that should have closed the approximating the 150–fm (274–m)
implementing bycatch limits for those fishery earlier; and, the bycatch limit for depth contour is expected to increase
species. With bycatch limits, the widow rockfish was set too low to impacts on darkblotched rockfish;
industry has the opportunity to harvest accommodate the 2007 whiting OY however, the whiting fishery has only
a larger whiting OY, providing the because the bycatch rate of widow taken 12.8 mt of the 25–mt darblotched
incidental catch of overfished species rockfish in 2007 was higher than rockfish bycatch limit, or 51 percent,
does not exceed the adopted bycatch projected at the beginning of the year, while they have taken 76 percent of the
limits. If a bycatch limit is reached, all likely due to the widow rockfish stock 2007 non-tribal whiting allocation. If all
non-tribal sectors of the whiting fishery rebuilding while the whiting stock is in of the fisheries that are anticipated to
are closed for the remainder of the year. a period of decline. Therefore, at its take darkblotched rockfish reach their
For 2007, the following bycatch limits September meeting, the Council projected take for 2007, including the
were specified for the non-tribal whiting purposefully recommended setting the 25–mt bycatch limit for darkblotched
sectors: 4.7 mt for canary rockfish, 25 mt widow rockfish bycatch limit well rockfish in the non-tribal whiting
for darkblotched rockfish and 220 mt for under the amount of widow rockfish fishery, there would be 37.7 mt of
widow rockfish. estimated to be available through the darkblotched rockfish projected to
The best available information on July end of 2007. In order to ensure more remain unharvested through 2007.
25, 2007, indicated that 220.7 mt of timely data reporting from the shore- A depth-based closure is not a routine
widow rockfish had been taken in the based sector when the fishery reopened, management measure for the whiting
non-tribal whiting fisheries in 2007. the Council also recommended delaying fishery; therefore, a closure shoreward
Accordingly, the primary seasons for the reopening of the whiting fishery until of the line approximating the 150–fm
catcher-processor sector, mothership after the new catch accounting (274–m) depth contour cannot be
sector and the shore-based sectors were requirements went into effect for implemented via inseason action. The
closed at 1800 l.t. July 26, 2007. Data whiting processors on October 5, 2007 shore-based sector operates in the non-
corrections were made and some (72 FR 50906). This new regulation tribal whiting primary season under an
additional data were incorporated into requires first receivers of whiting exempted fishing permit (EFP). A
the catch estimates after the closure, and deliveries of 4,000 lb (XXX kg) or more second 2007 EFP will be issued to each
estimates from September 10, 2007 to submit catch reports to the Pacific participant in the shore-based fishery
indicate the non-tribal fishery took: States Marine Fish Commission within qualified to fish in the reopening of the
158,036 mt of the 208,091 mt of whiting 24 hours of landing. Prior to this fishery. The new EFP must be signed
available to the non-tribal fishery, 241.6 rulemaking, NMFS had no regulations and returned to NMFS NWR prior to
mt of widow rockfish, 4 mt of canary in place to delineate a time frame in participation in the fishery, and will
rockfish, and 12.8 mt of darkblotched which reports should be received by require that the vessel fish seaward of a
rockfish. fishery managers. line approximating the 150–fm (274–m)
At its September meeting, the Council At its September meeting, the Council depth contour. Although a depth-based
considered reopening the non-tribal also addressed concerns with closure cannot be imposed on the
whiting fishery based on availability of availability of canary rockfish if the mothership or catcher-processor sector
bycatch species and fishing impacts on whiting fishery were to reopen under via timely regulation or EFP, these
protected species through the end of the higher widow rockfish bycatch sectors have agreed to fish seaward of a
2007. The Council also considered an limit. The whiting fishery had closed line approximating the 150–fm (274–m)
inseason adjustment of the widow with 0.7 mt available in the canary depth contour. On several past
rockfish bycatch limit for the whiting rockfish bycatch limit, and an increase occasions, these fleets have successfully
fishery in order to allow the fishery to in this bycatch limit was not considered taken similar voluntary action to
reopen. Updated fishery information by the Council due to limited constrain their bycatch of overfished
indicates that the entire coastwide availability of canary rockfish from groundfish species or salmon.
groundfish fishery, including the 241.6 other fisheries. If the whiting fishery The Council considered possible
mt of widow rockfish taken in the non- were reopened under the same dates that could be set for reopening the
tribal whiting fishery, is projected to management measures that were in non-tribal whiting fishery. The Council
take 301.9 mt of widow rockfish through place earlier in the year, approximately agreed that reopening the fishery as
the end of the year. This leaves 66.1 mt 1.7 mt of canary rockfish would be quickly as possible would be beneficial
of the 368–mt OY available to provide estimated to be taken if the entire for several reasons, particularly:
additional groundfish fishing remaining 2007 whiting OY were aggregations of whiting will begin to
opportunity in 2007. The Council caught, exceeding the canary rockfish disperse later in the year, potentially
considered an increase in the widow bycatch limit of 4.7 mt by 1 mt. The causing increased bycatch rates for non-
rockfish bycatch limit for the non-tribal Council discussed reopening the whiting species, and; increasing the
danger of operating in less favorable late public interest because it would prevent public notice and comment, because
autumn weather. Based on their the Agency from managing fisheries making this regulatory change by
discussion of the October 5, 2007 using the best available science to October 7 relieves a regulatory
implementation of the first receiver approach without exceeding the OYs for restriction for fisheries that are
reporting rule, described above, the Federally managed species. The important to coastal communities.
Council recommended reopening the adjustments to management measures in Currently, 24 percent, or 50,055 mt
fishery as close as possible to October 5, this document affect commercial and (110,352,385 lb) of the non-tribal
2007. Subsequent Council discussions recreational groundfish fisheries off whiting allocation remains unharvested.
also highlighted the benefits to the data- Washington, Oregon, and California. The current price of Pacific whiting
reporting structure for this fishery of Changes to the limited entry trawl dockside is $0.08 per pound, resulting
reopening on a Sunday or a Monday to RCA must be implemented as quickly as in approximately $8,828,191 of whiting
shorten the lag time between when the possible to allow fishing opportunities available for harvest. The whiting
fishery reopens and when managers that had been restricted earlier in the fishery contributes a large amount of
have access to fishery data. year. Changes to the trawl RCA made in revenue to the coastal communities of
Based on Council recommendations April 2007, restricted fishing effort in Washington and Oregon, and leaving
and discussions, NMFS is areas of high canary rockfish bycatch this portion of the whiting OY
implementing: (1) an increase in the rates. Catch of canary rockfish by unharvested sacrifices millions of
2007 non-tribal whiting widow rockfish research vessels was much lower than dollars and hundreds of jobs for
bycatch limit from 220 mt to 275 mt; (2) predicted over the summer months, and fishermen and coastal communities.
re-opening the 2007 non-tribal whiting there is canary rockfish available for Projected effects of reopening the non-
primary season for the catcher- harvest in groundfish fisheries that take tribal whiting fishery and increasing the
processor, mothership, and shore-based canary rockfish incidentally. It would be non-tribal whiting widow rockfish
sectors at 0800 l.t. on Sunday, October contrary to the public interest to wait to bycatch limit are within projected
7, 2007 and restricting of the shore- implement this RCA revision until after mortality for overfished species and
based sector to fishing seaward of a line public notice and comment, because other groundfish species. Failing to
approximating the 150–fm (274–m) making this regulatory change as soon increase the non-tribal whiting widow
depth contour through the EFP. as possible relieves a regulatory rockfish bycatch limit and reopen the
restriction for fisheries that are non-tribal fishery in a timely manner
Classification
important to coastal communities. would result in unnecessary restriction
These actions are taken under the Changes to the cumulative limits in of fisheries that are important to coastal
authority of 50 CFR 660.370(c) and are the non-whiting commercial fisheries communities and is therefore contrary
exempt from review under Executive must be implemented in a timely to the public interest.
Order 12866. manner to relieve a restriction by Changes to the Oregon recreational
These actions are authorized by the allowing fishermen increased fishery must be implemented as quickly
Pacific Coast groundfish FMP and its opportunities to harvest available as possible in order to conform to
implementing regulations, and are based healthy stocks. Changes to cumulative existing Oregon state regulations and to
on the most recent data available. The limits for the following stocks must be keep recreational harvest within Oregon
aggregate data, upon which these implemented in a timely manner as state harvest limits. Changes to the
actions are based, are available for close as possible to October 1, 2007: (1) California recreational fishery must be
public inspection at the Office of the sablefish, longspine thornyhead, implemented as quickly as possible in
Administrator, Northwest Region, shortspine thornyhead, Dover sole, order to conform to upcoming California
NMFS, (see ADDRESSES) during business other flatfish, and slope rockfish in the State regulations and to reduce the risk
hours. limited entry trawl fishery; and (2) of further exceeding the harvest
For the following reasons, NMFS shortspine thornyheads in the limited guideline and the risk of exceeding OYs.
finds good cause to waive prior public entry fixed gear fishery. In the limited Without action, California’s state
notice and comment on the revisions to entry trawl fishery, changes to the harvest limits for canary, yelloweye and
the 2007 groundfish management petrale sole cumulative limits must be minor shelf rockfish were projected to
measures under 5 U.S.C. 553(b)(3)(B) implemented in a timely manner by be exceeded based on updated
because notice and comment would be November 1, 2007. These changes allow information as of September 10, 2007.
impracticable and contrary to the public fishermen an opportunity to harvest CDFG will close recreational fisheries
interest. Also for the same reasons, higher trip limits for stocks with catch for all groundfish species subject to bag
NMFS finds good cause to waive part of tracking behind their projected 2007 limits between 42° N. lat. and 37°11′ N.
the 30–day delay in effectiveness catch levels. All of these cumulative lat. beginning October 1, 2007. Even
pursuant to 5 U.S.C. 553(d)(1) and 5 limit changes are within projected with this closure, projected impacts to
U.S.C. 553(d)(3). mortality for overfished species. All of canary, yelloweye, and minor nearshore
The data upon which these these actions provide increased trip rockfish could still exceed the harvest
recommendations were based was limits; therefore, it would be contrary to guidelines, and failing to take
provided to the Council and the Council the public interest to fail to relieve the conforming action would risk additional
made its recommendations at its current restrictions in a timely manner. recreational catches of canary,
September 10–14, 2007, meeting in Changes to the non-tribal whiting yelloweye, and minor nearshore
Portland, OR. There was not sufficient widow rockfish bycatch limit must be rockfish in Federal waters, which could
time after that meeting to draft this implemented and the non-tribal fishery further exceed the harvest guideline and
notice and undergo proposed and final must be reopened on or as soon as risk exceeding the OYs for these species.
rulemaking before these actions need to possible after October 7, 2007, to relieve Delaying these changes would keep
be in effect. For the actions to be a restriction by allowing fishermen management measures in place that are
implemented in this notice, affording increased opportunities to harvest not based on the best available data,
the time necessary for prior notice and available healthy stocks. It would be which could risk fisheries exceeding
opportunity for public comment would contrary to the public interest to wait to their OY, or deny fishermen access to
be impractical and contrary to the implement these changes until after available harvest. Such delay would
impair achievement of one of the Pacific adjusted inseason or may have new closed from January 1 through May 31
Coast Groundfish FMP objectives of species added to the list of those with and from October 1 through December
providing for year-round harvest bycatch limits. The whiting fishery 31, 2007). Recreational fishing for the
opportunities or extending fishing bycatch limits for the sectors identified RCG Complex is open from June 1, 2008
opportunities as long as practicable in § 660.323(a) are: 4.7 mt of canary through November 30, 2008 (i.e., it′s
during the fishing year. rockfish; 275 mt of widow rockfish; and closed from January 1 through May 31
25 mt of darkblotched rockfish. and from December 1–31, 2008).
List of Subjects in 50 CFR Part 660
* * * * * * * * * *
Fisheries, and Fishing.
■ 3. In § 660.384 a new sentence is (iii) * * *
Dated: September 28, 2007. added to paragraph (c)(2)(iii), and (A) * * *
Emily H. Menashes, paragraphs (c)(3)(ii)(A)(1) and (2), and
(1) North of 40°10′ N. lat. (North
Acting Director, Office of Sustainable (c)(3)(iii)(A)(1) and (2) are revised to
Fisheries, National Marine Fisheries Service. Region), recreational fishing for lingcod
read as follows:
is open from May 1 through September
■ For the reasons set out in the 30, 2007 (i.e., it′s closed from January 1
§ 660.384 Recreational fishery
preamble, 50 CFR part 660 is amended through April 30 and from October 1
management measures.
as follows: through December 31, 2007).
* * * * *
PART 660—FISHERIES OFF WEST (c) * * * Recreational fishing for lingcod is open
COAST STATES (2) * * * from May 1, 2008 through November 30,
(iii) * * * From October 1 through 2008 (i.e., it′s closed from January 1
■ 1. The authority citation for part 660 December 31, 2007, taking and retaining through April 30 and from December 1
continues to read as follows: cabezon is prohibited in all areas by 31, 2008).
Authority: 16 U.S.C. 1801 et seq. boat anglers. (2) Between 40°10′ N. lat. and 37°11′
■ 2. In § 660.373 paragraph (b)(4) is (3) California. * * * N. lat. (North Central Region),
revised to read as follows: (ii) * * * recreational fishing for lingcod is open
(A) * * * from June 1, 2007 through September
§ 660.373 Pacific whiting (whiting) fishery (1) North of 40°10′ N. lat. (North 30, 2007 (i.e., it′s closed from January 1
management. Region), recreational fishing for the RCG through May 31 and from October 1
* * * * * Complex is open from May 1, 2007 through December 31, 2007).
(b) * * * through September 30, 2007 (i.e., it′s Recreational fishing for lingcod is open
(4) Bycatch limits in the whiting closed from January 1 through April 30 from June 1, 2008 through November 30,
fishery. The bycatch limits for the and from October 1 through December 2008 (i.e., it′s closed from January 1
whiting fishery may be used inseason to 31, 2007). Recreational fishing for the through May 31 and from December 1
close a sector or sectors of the whiting RCG Complex is open from May 1, 2008 31, 2008).
fishery to achieve the rebuilding of an through December 31, 2008.
overfished or depleted stock, under (2) Between 40°10′ N. lat. and 37°11′ * * * * *
routine management measure authority N. lat. (North Central Region), ■ 4. Tables 3 (North), 3 (South), and 4
at § 660.370(c)(1)(ii). These limits are recreational fishing for the RCG (South) to part 660 subpart G are revised
routine management measures under Complex is open from June 1, 2007 to read as follows.
§ 660.370(c) and, as such, may be through September 30, 2007 (i.e., it′s BILLING CODE 3510–22–S
ER04OC07.001</GPH>
ER04OC07.002</GPH>
ER04OC07.003</GPH>
ER04OC07.004</GPH>
ER04OC07.005</GPH>
ER04OC07.006</GPH>
[FR Doc. 07–4917 Filed 10–1–07; 2:16 pm]

BILLING CODE 3510–22–C
ER04OC07.007</GPH>

Rule: Fishery Conservation and Management: West Coast States and Western Pacific Fisheries&#8212 Pacific Coast Groundfish

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Rule: Fishery Conservation and Management: West Coast States and Western Pacific Fisheries&#8212 Pacific Coast Groundfish

Загружено:

Авторское право:

Доступные форматы

56664 Federal Register / Vol. 72, No.

192 / Thursday, October 4, 2007 / Rules and Regulations

[FR Doc. 07–4917 Filed 10–1–07; 2:16 pm]

Вам также может понравиться