Rule: Fisheries Off West Coast States Inseason Adjustments

Federal Register / Vol. 73, No.
76 / Friday, April 18, 2008 / Rules and Regulations 21057
items under § 1160.4 will be submitted may be publicly accessible. Do not Council recommended adjustments to
to the Secretary of State or his submit Confidential Business current groundfish management
designee.’’ Information or otherwise sensitive or measures to respond to updated fishery
[FR Doc. E8–8224 Filed 4–17–08; 8:45 am]
protected information. information and other inseason
NMFS will accept anonymous management needs.
BILLING CODE 7036–01–P
comments. Attachments to electronic
Limited Entry Non-Whiting Trawl
comments will be accepted in Microsoft
Fishery Management Measures
Word, Excel, WordPerfect, or Adobe
DEPARTMENT OF COMMERCE PDF file formats only. At its March 2008 meeting, the
FOR FURTHER INFORMATION CONTACT:
Council received new data and analyses
National Oceanic and Atmospheric on the catch of groundfish in the limited
Administration Gretchen Arentzen (Northwest Region,
NMFS), phone: 206–526–6147, fax: 206– entry trawl fishery. The Council’s
526–6736 and e-mail recommendations for revising 2008
50 CFR Part 660 trawl fishery management measures
gretchen.arentzen@noaa.gov.
[Docket No. 060824226–6322–02] focused on modifying the RCA
SUPPLEMENTARY INFORMATION: boundary lines and trip limits to move
RIN 0648–AW58 vessels away from areas where canary
Electronic Access
rockfish most commonly co-occur with
Magnuson-Stevens Act Provisions; This final rule is accessible via the more abundant groundfish stocks, and
Fisheries Off West Coast States; Internet at the Office of the Federal considered the resulting effects of the
Pacific Coast Groundfish Fishery; Register’s Website at http:// movement of the fleet on darkblotched
Biennial Specifications and www.gpoaccess.gov/fr/index.html. rockfish.
Management Measures; Inseason Background information and documents According to the most recently
Adjustments are available at the Pacific Fishery available West Coast Groundfish
Management Council’s website at http:// Observer Program (WCGOP) data,
AGENCY: National Marine Fisheries
www.pcouncil.org/. released in late January, 2008, bycatch
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Background rates for canary rockfish using selective
Commerce. flatfish trawl gear north of 40°10.00’ N.
The Pacific Coast Groundfish FMP lat. were much higher in 2006 than had
ACTION: Final rule; inseason adjustments and its implementing regulations at title been anticipated. By applying these new
to biennial groundfish management 50 in the Code of Federal Regulations bycatch rates to landings of target
measures; request for comments. (CFR), part 660, subpart G, regulate species in the existing fishery bycatch
fishing for over 90 species of groundfish model, NMFS concluded that the 2006
SUMMARY: This final rule announces
off the coasts of Washington, Oregon, canary rockfish OY had been exceeded
inseason changes to management and California. Groundfish
measures in the commercial and by approximately 10 mt. While
specifications and management estimated 2007 total catch of canary
recreational Pacific Coast groundfish measures are developed by the Pacific
fisheries. These actions, which are rockfish has yet to be determined,
Fishery Management Council (Council), higher than anticipated bycatch rates in
authorized by the Pacific Coast and are implemented by NMFS. A
Groundfish Fishery Management Plan the north by selective flatfish trawls
proposed rule to implement the 2007– would be expected to continue in 2008.
(FMP), are intended to allow fisheries to 2008 specifications and management
access more abundant groundfish stocks Based on 2006 WCGOP data indicating
measures for the Pacific Coast higher canary rockfish bycatch rates
while protecting overfished and groundfish fishery and Amendment 16– using selective flatfish trawls north of
depleted stocks. 4 of the FMP was published on 40°10.00’ N. lat., NMFS believes that the
DATES: Effective 0001 hours (local time) September 29, 2006 (71 FR 57764). The canary rockfish OY could be exceeded
May 1, 2008. Comments on this final final rule to implement the 2007–2008 in 2008 under status quo regulations.
rule must be received no later than 5 specifications and management The 2008 regulatory measures were
p.m., local time on May 19, 2008. measures for the Pacific Coast developed assuming a canary rockfish
ADDRESSES: You may submit comments, Groundfish Fishery was published on bycatch rate that now has been
identified by RIN 0648–AW58 by any December 29, 2006 (71 FR 78638). These determined to be too low, which results
one of the following methods: specifications and management in an underestimate in the predicted
• Electronic Submissions: Submit all measures were codified in the CFR (50 impacts to canary rockfish. In order to
electronic public comments via the CFR part 660, subpart G). The final rule keep catch levels within the canary
Federal eRulemaking Portal http:// was subsequently amended on: March rockfish OY, inseason adjustments are
www.regulations.gov. 20, 2007 (71 FR 13043); April 18, 2007 necessary to constrain incidental canary
• Fax: 206–526–6736, Attn: Gretchen (72 FR 19390); July 5, 2007 (72 FR rockfish catch in the limited entry non-
Arentzen 36617); August 3, 2007 (72 FR 43193); whiting trawl fishery.
• Mail: D. Robert Lohn, September 18, 2007 (72 FR 53165); The Council considered several
Administrator, Northwest Region, October 4, 2007 (72 FR 56664); options available to reduce impacts on
NMFS, 7600 Sand Point Way NE, December 4, 2007 (72 FR 68097); and canary rockfish in the non-whiting
Seattle, WA 98115–0070, Attn: Gretchen December 18, 2007 (72 FR 71583). limited entry trawl fishery north of
Arentzen. Changes to current groundfish 40°10.00’ N. lat. closer to harvest levels
Instructions: All comments received management measures implemented by initially projected for the fisheries
cprice-sewell on PROD1PC71 with RULES
are a part of the public record and will this action were recommended by the during development of the 2008
generally be posted to http:// Council, in consultation with Pacific management measures: (1) the
www.regulations.gov without change. Coast Treaty Indian Tribes and the modification of trawl cumulative limits;
All Personal Identifying Information (for States of Washington, Oregon, and and (2) modifications of the trawl RCA
example, name, address, etc.) California, at its March 10–14, 2008, boundaries using some of the
voluntarily submitted by the commenter meeting in Sacramento, California. The management area boundaries and
VerDate Aug<31>2005 15:26 Apr 17, 2008 Jkt 214001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\18APR1.SGM 18APR1
21058 Federal Register / Vol. 73, No. 76 / Friday, April 18, 2008 / Rules and Regulations
commonly used geographic coordinates, Cape Alava (48°10.00’ N. lat.) and vessels based in various ports along the
defined at 50 CFR 660.302 under Leadbetter Point (46°38.17’ N. lat.), and Washington and Oregon coasts.
‘‘North-South management area’’, to the area shoreward of the RCA between However, the necessary reductions in
provide more area-specific management Humbug Mountain (42°40.50’ N. lat.) cumulative trip limits required to keep
measures on portions of the coast with and 40°10.00’ N. lat. Therefore, a these areas open shoreward of a line
differential canary rockfish bycatch slightly broader scale approach to the approximating the 75–fm (137–m) depth
rates. Use of management area area specific management measures was contour in summer months would make
boundaries and commonly used considered in March 2008, compared to trawling with selective flatfish gear not
geographic coordinates for more area- March 2007. economically viable for many
specific management measures were Incorporating the 2006 WCGOP data participants in the non-whiting trawl
first implemented inseason on April 18, using a weighted average approach, as fishery.
2007 (72 FR 19390). For 2009–2010, the done in previous years, resulted in the In order to reduce economic impacts
Council has recommended the following areas of the coast with the on vessels that formerly operated in the
development of other tools, such as highest bycatch rate of canary rockfish nearshore fishing areas, the Council
more refined area closures, similar to relative to target species taken in the supported liberalization, where
the yelloweye rockfish RCAs, but non-whiting trawl fishery: the area possible, of the seaward boundary of the
concluded that implementing these shoreward of the RCA north of the RCA in order to provide open fishing
types of closures would not be routine Columbia River (46°16.00’ N. lat.); and areas of relatively low canary bycatch to
management measure changes under the area shoreward of the RCA between accommodate a shift in fishing effort
either the FMP at 6.2.D or Federal Cape Arago (43°20.83’ N. lat.) and from nearshore to offshore waters. The
regulations at 50 CFR 660.370(c). 40°10.00’ N. lat. benefits of shifting effort offshore are
The Council considered several The Council determined that, in order twofold: since the highest rates of
combinations of available management to constrain the incidental catch of canary bycatch occur in the areas
measures and looked at the projected canary rockfish and to prevent shoreward of the RCA, shifting effort
impact of these measures on the exceeding the 2008 canary rockfish OY, seaward of the RCA further reduces the
resource and the fishery. In order to portions of the limited entry trawl RCA effort in the nearshore areas that remain
keep projected impacts of the non- north of 40°10.00’ N. lat. should be open, thus reducing the amount of
whiting trawl fishery on canary rockfish expanded shoreward, so that the RCA’s canary rockfish caught in those areas;
within the 2008 OY, and to allow shoreward boundary is no deeper than and some displaced vessels whose effort
fishing opportunities in geographic a line approximating the 60–fm (110–m) was concentrated in the areas that are
areas with low canary rockfish bycatch, contour in the area north of the restricted may be able to shift their
several modifications to the limited Washington/Oregon border and in the effort seaward of the RCA and remain in
entry non-whiting trawl fishery area between Cape Arago and 40°10.00’ the fishery.
regulations were recommended, N. lat. This RCA expansion is expected Trawl fishing opportunities seaward
including: (1) modification of the trawl to have a dual effect of eliminating of the trawl RCA are primarily
RCA boundaries with continued use of fishing opportunity in areas with trawl constrained by measures intended to
latitudes of interest to have more area efforts exhibiting higher canary rockfish minimize the incidental catch of
specific restrictions; (2) reduction in bycatch rates, as well as shifting fishing darkblotched rockfish. Data from the
cumulative limits for some species effort to areas exhibiting relatively lower NMFS trawl survey, logbook data, and
using selective flatfish trawl gear; and canary rockfish bycatch rates. The RCA anecdotal information from the trawl
(3) increasing opportunities for sablefish expansion is based on refined industry shows that various target
and shortspine thornyheads in areas modification of the shoreward RCA species and darkblotched rockfish are
seaward of the trawl RCA. boundaries in areas north of 40°10.00’ found in shallower depths in the north
N. lat. and will restrict areas with the and move deeper toward the south. The
Rockfish Conservation Area highest bycatch rates, as identified from Council considered available data,
Boundaries a weighted average that incorporates which indicated that darkblotched
In March 2007, the Council 2005 and 2006 WCGOP data. The rockfish have a relatively low bycatch
considered 2005 WCGOP data and the Council’s Groundfish Management rate outside of a line approximating the
canary rockfish bycatch rates associated Team (GMT) analyzed the effect of 150–fm (274–m) depth contour between
with portions of the coast and made fine relatively greater restrictions within the Oregon/Washington border and
scale spatial closures based on that these two areas and, based on that Cape Falcon (45°46.00’ N. lat.) a
analysis. Based on the 2005 WCGOP analysis, recommended expanding the relatively high bycatch rate between
data, the areas of the coast with the shoreward boundary of the trawl RCA to Leadbetter Point and the Oregon/
highest canary rockfish bycatch rates a line approximating the 60–fm (110–m) Washington border. The 2008
were: the area shoreward of the RCA contour during the summer in the area darkblotched rockfish OY is 330–mt,
north of Cape Alava; the area shoreward between Cape Alava and the Oregon/ 40–mt higher than in 2007, as the stock
of the RCA between Leadbetter Point Washington border and between increases in biomass and approaches the
and the Washington/Oregon border; and Humbug Mountain and 40°10.00’ N. lat. rebuilding plan target year of 2011. The
the area shoreward of the RCA between The Council also considered various Council considered changes to the
Cape Arago and Humbug Mountain. alternatives that kept the shoreward seaward boundary of the RCA within
Based on analysis of 2006 WCGOP boundary of the RCA at a line the context of inducing a shift in effort
data, in relation to 2005 WCGOP data, approximating the 75–fm (137–m) depth to areas with lower canary rockfish
canary rockfish bycatch rates differ contour for portions of the year in the impacts, while maintaining protections
annually in each area of the coast. Based following areas of the coast: between for darkblotched rockfish to meet
on the 2006 WCGOP data, the areas of Leadbetter Point and the Oregon/ requirements in the rebuilding plan.
the coast with the highest canary Washington border; and between Dividing the seaward boundary of the
rockfish bycatch rates were distributed Humbug Mountain and 40°10.00’ N. lat. RCA allows more refined area
slightly differently than in 2005: the to reduce the disproportionate impact management in response to differential
area shoreward of the RCA between these area restrictions would have on darkblotched bycatch rates based on
Federal Register / Vol. 73, No. 76 / Friday, April 18, 2008 / Rules and Regulations 21059
latitudes of interest and the depth-based for vessels using selective flatfish trawl reduce total coastwide incidental catch
shift in abundance, from north to south, gear, in order to provide for a of canary rockfish; and (2) it may reduce
of darkblotched rockfish and target disincentive to fish in areas where the economic impacts on vessels
species. Minor adjustments to the canary rockfish are found and to shift displaced by nearshore fishery
seaward boundary of the RCA were effort away from areas with a relatively restrictions by providing fishing
considered to shift effort seaward of the high canary rockfish bycatch rate. opportunity while also constraining
RCA by provide targeting opportunity Based on these analyses and incidental catch of canary rockfish.
while still protecting darkblotched recommendations, the Council Changes to management measures to
rockfish. recommended and NMFS is constrain the catch of canary rockfish
Based on the information and analysis implementing a decrease in the limited will also affect the incidental catch of
described above, the Council entry selective flatfish trawl fishery darkblotched rockfish and Pacific ocean
recommended and NMFS is cumulative limits north of 40°10.00’ N. perch (POP). Increasing incentives to
implementing the following changes to lat. beginning May 1: for Dover sole fish seaward of the trawl RCA to reduce
the trawl RCA north of 40°10.00’ N. lat.: from ‘‘50,000 lb per two months’’ to impacts on canary rockfish will increase
between Cape Alava and the Oregon/ ‘‘40,000 lb per two months’’ through effort in an area of known darkblotched
Washington border, the shoreward August 31; for other flatfish from rockfish abundance and the incidental
boundary is shifted shoreward to a line ‘‘70,000 lb per two months’’ to ‘‘50,000 catch of darkblotched rockfish is likely
approximating the 60–fm (110–m) depth lb per two months’’ through December to increase compared to predicted
contour from September 1 through 31; and for petrale sole, from ‘‘22,000 lb impacts under current management
October 31; between Leadbetter Point per two months’’ to ‘‘18,000 lb per two measures. POP is not considered to be
and the Washington/Oregon border, the months’’ through October 31. If a vessel a constraining species in the limited
seaward boundary is shifted seaward to has both selective flatfish gear and large entry trawl fishery; the inseason
a line approximating the 200–fm (366– or small footrope gear on board during adjustments to management measures
m) depth contour from May 1 through a cumulative limit period (either implemented by this action are
June 30; between the Washington/ simultaneously or successively), the anticipated to keep POP total catch well
Oregon border and Cape Falcon, the most restrictive cumulative limit for any within its 2008 OY of 150 mt. The
seaward boundary is shifted seaward to gear on board during the cumulative Council focused its discussions of
a line approximating the 150–fm (274– limit period applies for the entire various continental slope actions to
m) depth contour from May 1 through cumulative limit period. Therefore the allow access to the increased 2008
August 31; and between Humbug trip limits for multiple trawl gear are
darkblotched rockfish OY, while
Mountain and 40°10.00’ N. lat., the modified for consistency with
keeping projected total mortality within
shoreward boundary is shifted adjustments in trip limits for the above
the 2008 darkblotched rockfish OY. The
shoreward to a line approximating the listed species and gears.
In addition to liberalizing portions of Council’s GMT analyzed the effects of
60–fm (110–m) depth contour from May
the seaward boundary of the trawl RCA changes in RCA boundaries, cumulative
1 through October 31.
north of 40°10.00’ N. lat., the Council limit opportunities, and fishing effort on
Limited Entry Non-Whiting Trawl Trip considered increasing cumulative limits the incidental catch of darkblotched
Limits for: DTS species in areas seaward of the rockfish, and the combined effects of
In addition to area closures, the RCA in order to shift more fishing effort these actions are predicted to result in
Council determined that cumulative to offshore waters; and for minor slope a total 2008 catch of darkblotched
limits in the limited entry trawl fishery rockfish south of 40°10.00’ N. lat. North rockfish that is lower than the 2008 OY.
north of 40°10.00’ N. lat. should be of 40°10.00’ N. lat., the Council Catch of darkblotched rockfish will be
modified to reduce effort and catch of considered increasing limits for monitored and action can be taken
target species with selective flatfish sablefish and shortspine thornyheads inseason if necessary to modify the
trawl gear, and increase effort and catch taken with large and small footrope trawl RCA and cumulative limits to
of some target species with large and trawl gears, which are only allowed keep total catch within the 2008
small footrope trawl gear. These when fishing seaward of the trawl RCA, darkblotched rockfish OY.
modifications were designed to induce to create incentives to fish in areas with Based on these analyses and
a shift in effort seaward of the RCA in lower canary rockfish bycatch rates, and recommendations, the Council
order to reduce impacts on co-occurring to provide additional fishing recommended and NMFS is
canary rockfish and prevent exceeding opportunity under a less constraining implementing an increase in the limited
the 2008 canary rockfish OY, and to 2008 darkblotched rockfish OY of 330 entry trawl fishery cumulative limits
relieve some of the restrictions that were mt. South of 40°10.00’ N. lat., the taken with large and small footrope
implemented in 2007 to prevent Council considered increasing limits for trawl gears coastwide beginning May 1:
exceeding the lower 2007 darkblotched minor slope rockfish, sablefish and sablefish limits are modified from
rockfish OY. shortspine thornyheads to provide ‘‘17,000 lb per two months’’ to ‘‘19,000
The Council considered various additional fishing opportunity under a lb per two months’’ through October 31,
combinations of cumulative limit less constraining 2008 darkblotched and shortspine thornyheads are
adjustments paired with RCA rockfish OY of 330 mt and to increase modified from ‘‘12,000 lb per two
modifications to reduce impacts to effort and catch of these target species months’’ to ‘‘25,000 lb per two months’’
canary rockfish. As with the RCA seaward of the RCA. The Council through December 31. The Council also
boundary revisions, the Council’s GMT determined that increasing trip limits recommended and NMFS is
analyzed revisions to trip limits for minor slope rockfish, sablefish, and implementing an increase in the limited
intended to shift fishing effort away shortspine thornyheads would help entry trawl fishery cumulative limits for
from areas where canary rockfish are prevent exceeding the 2008 canary minor slope and darkblotched rockfish
more commonly taken as bycatch. The rockfish OY, and reduce economic between 40°10.00’ N. lat. and 38° N. lat.,
GMT recommended that the Council impacts, for the following reasons: (1) from ‘‘10,000 lb per two months’’ to
consider reducing Dover sole, other the shift in effort to areas with lower ‘‘15,000 lb per two months’’ through
flatfish, and petrale sole opportunities canary rockfish bycatch rates will October 31.
Limed Entry Non-Tribal Whiting Trawl With a recommended 2008 U.S. darkblotched rockfish bycatch limit, in
Fishery whiting OY of 269,545 mt, and in the the non-tribal whiting fishery, to 40 mt.
absence of any further restrictions, the
The availability of overfished species Open Access Sablefish Daily Trip Limit
bycatch of canary rockfish was projected
as incidental catch, particularly canary Fishery
to be approximately 4.0 mt, the bycatch
rockfish, darkblotched rockfish, and of widow rockfish was projected to be The Council discussed reducing the
widow rockfish, may prevent the approximately 364.4 mt, and the sablefish daily trip limit (DTL) fishery’s
industry from harvesting the entire bycatch of darkblotched rockfish was cumulative limit north of 36° N. lat. in
Pacific whiting (whiting) OY during projected to be approximately 15.4 mt. anticipation of a large influx of fishing
2008. To allow the industry to have the If a widow bycatch limit was set high effort into the sablefish DTL fishery as
opportunity to harvest the higher enough to accommodate these projected a result of potential salmon fishery
whiting OY while keeping incidental impacts, and the limit was reached, the restrictions and closures. The salmon
catch within the rebuilding OYs for the total impacts on widow rockfish fishery in 2008 is likely to be severely
incidental species, the Council combined with all other fisheries were constrained off the coasts of Oregon and
recommended bycatch limits for the projected to exceed the 2008 widow California. Fishery managers have
overfished species most commonly rockfish OY. The GMT explored received a number of inquiries from
taken as incidental catch in the non- mechanisms to reduce impacts on salmon fishers who are interested in
tribal whiting fishery. With bycatch widow rockfish, so that bycatch limits moving into the open access sablefish
limits, the industry has the opportunity for all species could be set at a level that DTL fishery.
to harvest a larger amount of whiting, if could more likely accommodate the In 2006, restrictions in the salmon
they can do so while keeping the 2008 non-tribal whiting OY. Projected fishery drove an influx of fishers into
incidental catch of specific overfished the open access sablefish DTL fishery
impacts on darkblotched rockfish, after
species within adopted bycatch limits. and cumulative limits were reduced on
implementation of all the RCA and
Regulations provide for the automatic May 1, 2006, (71 FR 24601) to provide
cumulative limit adjustments in this
closure of the commercial (non-tribal) a longer season. Catches of sablefish
final rule, was 42 mt below the 2008
portion of the whiting fishery upon were higher than projected throughout
darkblotched rockfish OY. After
attainment of a bycatch limit. the year, and the sablefish DTL fishery
conversations with industry about
was closed north of 36° N. lat. on
In recent years, the most constraining mechanisms to induce an effort shift
October 31, 2006 (71 FR 58289).
overfished species for the whiting away from widow rockfish, the GMT Only a minimal amount of hook-and-
fishery have been darkblotched, canary explored options that would raise the line or pot fishing gear is needed to
and widow rockfish. Current regulations darkblotched rockfish bycatch limit, to participate in the sablefish DTL fishery,
at 50 CFR 660.373 (b)(4) contained the increase flexibility in behavior of the increasing the likelihood of fishers
following bycatch limits for the non-tribal whiting fleet, so that they can moving into this fishery. Based on the
commercial sectors (non-tribal) of the move to offshore areas if they encounter proposed options for salmon fishery
whiting fishery: 4.7 mt for canary, 275 widow rockfish early in the season. The regulations considered by the Council at
mt for widow, and 25 mt for GMT estimated that if the darkblotched their March meeting, the 2008 salmon
darkblotched rockfish. rockfish bycatch limit were raised from season will be more restricted than it
At the March 2008 Council meeting, 25 mt, to approximately 40 mt, the was in 2006. Under the current limits,
the GMT examined potential bycatch of projected impacts on widow rockfish a large increase in the number of open
overfished species in relation to: would decrease to approximately 296 access sablefish DTL fishery
performance of the 2007 non-tribal mt. After considering the projected participants could cause an early
whiting fishery; other inseason catch of overfished species in all other attainment of the open access sablefish
management considerations; and the fishing and research activities, the allocation. If the allocation were
2008 whiting OY. In 2007, the whiting Council recommended that the canary reached, the fishery would need to be
primary season closed for the catcher rockfish bycatch limits for the non-tribal closed, as it was in October 2006.
processor, mothership and shore-based whiting fishery remain at 4.7 mt, which Though the open access sablefish DTL
sectors on July 26, 2007 (72 FR 46176) is the same limit that was available fishery could provide fishing
when estimates indicated that the during the 2006 and 2007 primary opportunity for displaced salmon
bycatch limit for widow rockfish had whiting season. The Council fishers, it would likely have a large
been reached. The 2007 whiting OY was recommended maintaining a widow effect on fishers who have historically
10 percent lower than the OY in 2006, rockfish bycatch limit of 275 mt, the participated in the sablefish fishery.
however, the widow rockfish bycatch same bycatch limit that was in effect at Reducing the open access cumulative
limit was raised in 2007 to the end of the 2007 season. To better limit for sablefish on May 1, 2008, is
accommodate an increasing widow accommodate current incidental catch predicted to result in a longer season,
rockfish biomass. Widow rockfish are projections for the non-tribal whiting which would benefit fishers who have
currently under a rebuilding plan, with fishery, and to induce a shift in effort to historically participated in the year-
a projected rebuilding year of 2015. As areas with lower widow rockfish round fishery.
the widow rockfish biomass increases, abundance, the Council recommended The Council considered various
encounter rates in the whiting trawl the darkblotched rockfish bycatch limit reductions to the current open access
fishery over recent years have also be raised to 40 mt. With this increase, sablefish DTL fishery’s daily, weekly,
increased. In 2007, the non-tribal the 2008 estimated total catch of and two month limits to sustain the
whiting fishery was closed upon darkblotched rockfish is still predicted open access sablefish DTL fishery until
attainment of the widow rockfish to be well below the 2008 darkblotched the end of year. The Council considered
bycatch limit. Subsequently, the limit rockfish OY of 330 mt. industry comments that further
was increased from 220 mt to 275 mt. Based on these analyses and reductions in the daily limit would
Final catch of widow rockfish by the recommendations, the Council jeopardize the viability of the fishery,
2007 non-tribal whiting fishery was 235 recommended and NMFS is due to rising fuel costs, and the GMT
mt. implementing an increase in the analysis indicated that reductions in
weekly limits would not impact overall recreational groundfish season: 2.1 mt Fishery Conservation and Management
sablefish catch. The Council yelloweye rockfish; and 9 mt canary Act (Magnuson-Stevens Act), and are in
recommended that the daily and weekly rockfish. To improve inseason tracking accordance with 50 CFR part 660, the
trip limits for sablefish remain the same of catches in the California recreational regulations implementing the FMP.
and that the cumulative limits for fishery, CDFG fishery managers will be These actions are based on the most
sablefish be reduced to 2,200 lb (998 kg) working with California Recreational recent data available. The aggregate data
per two months. The Pacific Council Fishery Survey samplers to monitor the upon which these actions are based are
will analyze effort shifts into the open rate of catch accrual of yelloweye and available for public inspection at the
access sablefish DTL fishery at their canary rockfish, inform enforcement of Office of the Administrator, Northwest
June 8–13, 2008, meeting when new ports with landings of prohibited Region, NMFS, (see ADDRESSES)
data from the fishery are available. species, and identify ports at which during business hours.
Therefore, the Pacific Council additional outreach and education For the following reasons, NMFS
recommended and NMFS is efforts would be beneficial. CDFG will finds good cause to waive prior public
implementing a reduction in the open also be implementing five recreational notice and comment on the revisions to
access cumulative trip limits for Yelloweye Rockfish Conservation Areas the 2008 groundfish management
sablefish north of 36° N. lat. from ‘‘300 in State waters, between Pigeon Point measures under 5 U.S.C. 553(b)(B)
lb (136 kg) per day, or one landing per (37°11’ N. lat.) and the Oregon/ because notice and comment would be
week of up to 800 lb (363 kg), not to California border (42° N. lat.), within impracticable and contrary to the public
exceed 2,400 lb (1,089 kg) per two which the recreational fishery for interest. Also for the same reasons,
months’’ to ‘‘300 lb (136 kg) per day, or rockfish, cabezon, greenlings, and NMFS finds good cause to waive part of
one landing per week of up to 800 lb lingcod, will be closed to reduce the 30–day delay in effectiveness
(363 kg), not to exceed 2,200 lb (998 kg) projected impacts on yelloweye pursuant to 5 U.S.C. 553(d)(3), so that
per two months’’, beginning May 1. rockfish. CDFG will also be this final rule may become effective May
implementing a 20–fm (37–m) depth 1, 2008.
California Recreational Fishery The recently available data upon
restriction in the recreational fishery
In the California recreational between Pigeon Point and the Oregon/ which these recommendations were
groundfish fishery, the California Washington border (the Northern and based was provided to the Council, and
Department of Fish and Game (CDFG) North-Central Management Areas). The the Council made its recommendations,
manages yelloweye, canary, and minor 20–fm (37–m) depth restriction lies at its March 10–14, 2008, meeting in
nearshore rockfish under state harvest primarily within State waters, however Sacramento, CA. For the actions to be
limits. State harvest limits apply to in some areas of the coast it extends into implemented in this final rule, affording
landings by recreational ocean boats, Federal water. CDFG requested that the the time necessary for prior notice and
shore catch, and discards. In September Council adopt use of the 20–fm (37–m) opportunity for public comment would
2007, California’s recreational catch depth restriction in Federal regulations, prevent the Agency from managing
estimates and projections based on instead of the 30–fm (55–m) depth fisheries using the best available science
recent catch patterns indicated that the restriction currently in Federal by approaching without exceeding the
California State harvest limit for regulations, to conform to State OYs for federally managed species. The
yelloweye and canary rockfish, which regulations. Projections indicate that adjustments to management measures in
are 2.1 mt, and 9 mt, respectively, were this suite of management measures will this document affect: commercial trawl
projected to be exceeded. California reduce recreational fishery impacts on fisheries off Washington, Oregon, and
projected that, without taking inseason yelloweye rockfish and canary rockfish, California; bycatch limits in the
action, the total 2007 mortality from the and keep the mortality of yelloweye and commercial non-tribal whiting trawl
California fishery, combined with all canary rockfish within the 2008 fishery; and recreational fisheries off
other coastwide recreational and California harvest guidelines. Shore California. These adjustments to
commercial fishery impacts, would fisheries, including shore-based diving, management measures must be
exceed the 2007 yelloweye rockfish OY. angling and spear fishing, were not implemented by May 1, 2008, to:
To reduce recreational fishery impacts affected by this closure, nor were prevent exceeding the 2008 OYs for
on yelloweye and canary rockfish, fisheries not subject to bag limits. canary and yelloweye rockfish; prevent
California closed the recreational boat- Therefore, in order to conform premature closure of fisheries; and
based fisheries north of 37°11’ N. lat. for recreational management measures for eliminate confusion for the public and
all Federal groundfish species subject to Federal waters (3–200 nm) to to improve enforcement by ensuring
bag limits in that area, effective October management measures for California that Federal and state recreational
1, 2007. California projected that the state waters (0–3 nm), the Pacific regulations conform to each other.
October 1, 2007, closure would reduce Council recommended and NMFS is Changes to the cumulative limits in the
the total mortality from the California implementing a 20–fm (37–m) depth limited entry trawl fishery and to the
recreational fishery to: 7.2 mt yelloweye restriction in the California recreational trawl RCA are needed to reduce the
rockfish; and 10.1 mt canary rockfish. fishery between Pigeon Point and the projected bycatch of canary rockfish, a
CDFG presented final catch estimates Oregon/Washington border (the groundfish species that is currently
from the 2007 recreational fishery to the Northern and North-Central subject to rebuilding requirements. The
Council at their March 2008 meeting. Management Areas) beginning May 1, projected bycatch of canary rockfish
The final catch estimates were: 8.0 mt 2008. must be reduced in order to keep
yelloweye rockfish; and 10.9 mt canary coastwide fisheries from exceeding that
rockfish; which exceeded the 2007 Classification species’s rebuilding OY. Changes to the
harvest guidelines for these species. These actions are taken under the trawl RCA and changes to trip limits in
CDFG analyzed several suites of authority of 50 CFR 660.370 (c) and are the limited entry trawl fishery for Dover
management measures and developed a exempt from review under Executive sole, other flatfish, and petrale sole to
proposal to reduce the projected catch Order 12866. reduce the bycatch of canary rockfish
of these species to a level below the These actions are taken under the must be implemented in a timely
California harvest guidelines in the 2008 authority of the Magnuson-Stevens manner by May 1, 2008, so that the total
catch of canary rockfish stays within its levels projected for 2008. Such delay bycatch limits. The whiting fishery
2008 OY, as defined in the rebuilding would impair achievement of one of the bycatch limits for the sectors identified
plan for this species. Changes to Pacific Coast Groundfish FMP objectives in § 660.323(a) are: 4.7 mt of canary
cumulative limits in the limited entry of providing for year-round harvest rockfish; 275 mt of widow rockfish; and
trawl fishery for sablefish, shortspine opportunities or extending fishing 40 mt of darkblotched rockfish.
thornyheads, and slope rockfish must be opportunities as long as practicable * * * * *
implemented in a timely manner by during the fishing year. In addition, it is ■ 3. In § 660.384, paragraph
May 1, 2008, to: relieve a restriction and also in the public interest to implement (c)(3)(i)(A)(1) and (2) are revised to read
to allow fisheries to approach, but not the recreational measures in this as follows:
exceed, the 2008 OY for darkblotched document as soon as possible to
rockfish; and to induce a shift in effort improve enforcement and eliminate § 660.384 Recreational fishery
to offshore areas where incidental catch confusion for the public by removing management measures.
of canary rockfish is lower, so that the differences between different * * * * *
total catch of canary rockfish stays regulations that affect the same waters (c) * * *
within its 2008 OY. A change to the and fisheries. (3) * * *
non-tribal whiting fishery bycatch limit (i) * * *
for darkblotched rockfish must be List of Subjects in 50 CFR Part 660
(A) * * *
implemented as close as possible to the Fishing, Fisheries, and Indian
(1) Between 42° N. lat. (California/
start of the California whiting fishery, Fisheries.
Oregon border) and 40°10.00′ N. lat.
on April 1, 2008. Ensuring that the Dated: April 14, 2008. (North Region), recreational fishing for
increase in the darkblotched rockfish Alan D. Risenhoover, all groundfish (except ‘‘other flatfish’’ as
bycatch limit is in place by the season Director, Office of Sustainable Fisheries, specified in paragraph (c)(3)(iv) of this
start date provides an opportunity for National Marine Fisheries Service. section) is prohibited seaward of the 20
participants in this fishery to catch the fm (37 m) depth contour along the
available whiting quota without ■ For the reasons set out in the
preamble, 50 CFR part 660 is amended mainland coast and along islands and
reaching or exceeding the bycatch limit offshore seamounts from May 1 through
of widow rockfish or its OY, as follows:
December 31; and is closed entirely
prematurely closing the fishery. PART 660—FISHERIES OFF WEST from January 1 through April 30 (i.e.,
Changes to the California recreational COAST STATES prohibited seaward of the shoreline).
groundfish RCA must be implemented
(2) Between 40°10’ N. lat. and 37°11’
in a timely manner by May 1, 2008, in ■ 1. The authority citation for part 660
N. lat. (North Central Region),
order to eliminate confusion for the continues to read as follows:
recreational fishing for all groundfish
public, and to improve enforcement by Authority: 16 U.S.C. 1801 et seq. (except ‘‘other flatfish’’ as specified in
ensuring that Federal and state ■ 2. In § 660.373, paragraph (b)(4) is paragraph (c)(3)(iv) of this section) is
recreational regulations conform to each revised to read as follows: prohibited seaward of the 20–fm (37–m)
other.
These revisions are needed to protect depth contour along the mainland coast
§ 660.373 Pacific whiting (whiting) fishery
overfished groundfish species and to management. and along islands and offshore
keep the harvest of other groundfish seamounts from June 1 through
* * * * * November 30; and is closed entirely
species within the harvest levels (b) * * *
projected for 2008, while allowing (4) Bycatch limits in the whiting from January 1 through May 31 and
fishermen access to healthy stocks. fishery. The bycatch limits for the from December 1 31 (i.e., prohibited
Without these measures in place, the whiting fishery may be used inseason to seaward of the shoreline). Closures
fisheries could risk exceeding harvest close a sector or sectors of the whiting around the Farallon Islands (see
levels early in the year, causing early fishery to achieve the rebuilding of an paragraph (c)(3)(i)(C) of this section) and
and unanticipated fishery closures and overfished or depleted stock, under Cordell Banks (see paragraph (c)(3)(i)(D)
economic harm to fishing communities. routine management measure authority of this section) also apply in this area.
Delaying these changes would keep at § 660.370(c)(1)(ii). These limits are * * * * *
management measures in place that are routine management measures under ■ 4. Tables 3 (North), 3 (South), 5
not based on the best available data and § 660.370(c) and, as such, may be (North), and 5 (South) to part 660
which could lead to early closures of the adjusted inseason or may have new subpart G are revised to read as follows:
fishery if harvest of groundfish exceeds species added to the list of those with BILLING CODE 3510–22–S
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[FR Doc. E8–8405 Filed 4–17–08; 8:45 am]

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Rule: Fisheries Off West Coast States Inseason Adjustments

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Federal Register / Vol. 73, No.

76 / Friday, April 18, 2008 / Rules and Regulations 21057

[FR Doc. E8–8405 Filed 4–17–08; 8:45 am]

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