Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 11381 

(30) AMs; and 

(31) Any other measure currently 

included in the FMP. 

* * * * * 

■ 6. In § 648.207, paragraph (g) is 

revised to read as follows: 

§ 648.207 Herring Research Set-Aside 

(RSA). 

* * * * * 

(g) If a proposal is approved, but a 

final award is not made by NMFS, or if 

NMFS determines that the allocated 

RSA cannot be utilized by a project, 

NMFS shall reallocate the unallocated 

or unused amount of the RSA to the 

respective sub-ACL, in accordance with 

the APA, provided that the RSA can be 

available for harvest before the end of 

the fishing year for which the RSA is 

specified. 

* * * * * 

[FR Doc. 2011–4726 Filed 3–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–BA57 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Inseason Adjustments to Fishery 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures; request for comments. 

SUMMARY: This final rule makes 

inseason adjustments to commercial and 

recreational 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 allow 

fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks. 

DATES: Effective 0001 hours (local time) 

March 1, 2011. Comments on this final 

rule must be received no later than 5 

p.m., local time on April 1, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–BA57, 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: 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, gretchen.hanshew@noaa.gov. 

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). 

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). The final 

rule was subsequently amended by 

inseason actions on the following dates: 

April 27, 2009 (74 FR 19011); July 6, 

2009 (74 FR 31874); October 28, 2009 

(74 FR 55468); February 26, 2010 (75 FR 

8820); May 4, 2010 (75 FR 23620); July 

1, 2010 (75 FR 38030); July 16, 2010 (75 

FR 41386); August 23, 2010 (75 FR 

51684); October 4, 2010 (75 FR 61102); 

and December 3, 2010 (75 FR 75417). 

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 also issued a final 

rule in response to a duly issued court 

order on July 8, 2010 (75 FR 39178). In 

addition, NMFS issued two final rules 

to implement Amendments 20 and 21 to 

the FMP on October 1, 2010 (75 FR 

60868), and December 15, 2010 (75 FR 

78344). The October 1, 2010, final rule, 

in part, re-organized the entire Pacific 

Coast Groundfish Fishery Regulations. 

Because of the restructuring, beginning 

on November 1, 2010, these 

specifications and management 

measures are found at 50 CFR part 660, 

subparts C through G. 

In June 2010, the Council 

recommended, and NMFS is working to 

implement, specifications and 

management measures for the 2011– 

2012 biennium. Given the complexity of 

the biennial specifications and 

management measures, the need for 

adequate National Environmental Policy 

Act documents and public review 

periods, and competing workloads, 

NMFS did not have enough time to 

implement a final rule by January 1, 

2011. Unless new management 

measures are implemented in a separate 

rulemaking, groundfish specifications 

and management measures that are in 

effect at the end of the previous biennial 

fishing period will remain in effect until 

they are modified, superseded, or 

rescinded. On December 30, 2010, 

NMFS issued an emergency rule to 

revise some harvest specifications and 

management measures, including 

several pieces necessary to sustainably 

manage the entire fishery and to begin 

the rationalized trawl fishery (75 FR 

82296). Therefore, with the exception of 

changes implemented in the December 

30, 2010, emergency rule, the 2009– 

2010 harvest specifications are in effect 

and the management measures that were 

in place at the end of the 2009–2010 

biennium will remain in effect for the 

start of the 2011 fisheries (e.g., January– 

February 2010 trip limits would remain 

in effect for January–February 2011). 

NMFS raised these issues to the 

Council at its November 2–9, 2010, 

meeting in Costa Mesa, California. The 

Council recommended adjusting the 

groundfish management measures to 

respond to updated fishery information 

and other inseason management needs. 

The Council considered the most 

recent 2010 fishery information, relative 

to 2010 specifications, and 

recommended inseason modifications 

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11382 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

appropriate for 2011 to start 2011 

fisheries in a manner that would keep 

catches below 2010 OYs, but would 

allow harvest opportunities for species 

with catches tracking below projections 

during the 2010 fishery. The Council 

also considered adjustments to early 

2011 groundfish management measures 

to respond to the upcoming new, lower 

sablefish harvest level for the area north 

of 36° N. lat. that was implemented by 

NMFS on December 30, 2010 (75 FR 

82296). These changes include: 

Reduction to cumulative limits in the 

limited entry fixed gear primary 

sablefish fishery that operates in the 

area north of 36° N. lat.; reduction to 

trip limits for sablefish in the open 

access fisheries; increases to trip limits 

for sablefish in the limited entry fixed 

gear daily trip limit fisheries; and 

decreasing the groundfish bag limit and 

modifying the lingcod season start date 

in Washington recreational fisheries. 

Management measures are designed to 

meet the 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. 

All of the fishery mortality early in 2011 

will be taken into account during the 

rest of the year, and will count toward 

the final harvest specifications that will 

ultimately be implemented for 2011. 

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 November 2–10, 2010, 

meeting in Costa Mesa, CA. 

NMFS and the Council, therefore, 

developed management measures, to be 

implemented through a routine inseason 

adjustment, based on the most recent 

fishery information, to: Manage within 

the current OYs and the new, lower, 

sablefish harvest level north of 36° N. 

lat. 

Sablefish North of 36≥ N. Lat. 

At the Council’s November 2010 

meeting, NMFS informed the Council 

that it intended to publish an emergency 

rule to lower the sablefish harvest level 

for the area north of 36° N. lat. 

beginning January 1, 2011 as an interim 

measure until the final harvest 

specifications and management 

measures for 2011 are implemented 

later in the year. The reduction in the 

sablefish harvest level was necessary to 

prevent conservation and management 

concerns with the issuance of trawl 

fishery quota pounds. Also, the interim 

reduction to the harvest level allows 

NMFS to calculate the fixed gear 

primary sablefish fishery tier limits for 

2011 at a level that will reduce concerns 

for overfishing. NMFS and the Council 

developed management measures, to be 

implemented through this inseason rule 

based on the most recent fishery 

information, to manage within the new, 

lower, sablefish harvest level north of 

36° N. lat. As a result, the Council 

recommended changes to sablefish daily 

trip limits (DTLs) in the limited entry 

fixed gear and open access fisheries 

north of 36° N. lat. 

No changes to groundfish fishery 

harvest specifications, including 

acceptable biological catches (ABCs), 

optimum yields (OYs), and harvest 

guidelines (HGs) are made by this 

inseason action. 

Limited Entry Fixed Gear Sablefish 

Primary Fishery North of 36° N. Lat. 

As described above, based on the 

lower interim harvest level for sablefish 

north of 36° N. lat. that is in place as 

of January 1, 2011, NMFS is 

implementing the following decrease in 

the annual tier limits for sablefish for 

2011 and beyond: From Tier 1 at 

56,081–lb (25,437 kg), Tier 2 at 25,492– 

lb (11,562 kg), and Tier 3 at 14,567–lb 

(6,648 kg); to Tier 1 at 41,379 lb (18,769 

kg), Tier 2 at 18,809 lb (8,532 kg), and 

Tier 3 at 10,748 lb (4,875 kg). 

Sablefish Daily Trip Limit Fishery North 

of 36° N. Lat. 

As described above, based on the 

reduced sablefish harvest specification 

for the area north of 36° N. lat., the 

Council considered modifications to the 

2011 sablefish trip limits for the limited 

entry fixed gear and open access DTL 

fisheries north of 36° N. lat. at their 

November 2010 meeting to keep 

projected impacts within the new, lower 

harvest specification. In addition to the 

new sablefish harvest specification, 

these modifications were also 

considered in light of the performance 

of the 2010 fishery, where trip limits 

were increased inseason because 

catches during 2010 were lower than 

anticipated north of 36° N. lat. (75 FR 

51684, August 23, 2010). Projected catch 

of sablefish in the 2011 limited entry 

fixed gear and open access DTL fisheries 

north of 36° N. lat. are anticipated to be 

above their new, lower, 2011 sablefish 

allocations. Based on the most recent 

fishery information, if no action is taken 

the trip limits that were in place in 2010 

are left in place for 2011, landings of 

sablefish through the end of the year are 

projected to be: 298 mt, or 106 percent 

of the limited entry fixed gear sablefish 

DTL fishery allocation of 282 mt; and 

536 mt, or 115 percent of the open 

access fishery sablefish allocation of 464 

mt. The Council considered options for 

trip limit decreases in the limited entry 

fixed gear and open access sablefish 

DTL fisheries north of 36° N. lat. to 

allow these fisheries to still attain their 

sablefish allocations, while keeping 

total projected catch below the new, 

lower 2011 sablefish harvest levels for 

the area north of 36° N. lat. For the 

limited entry fixed gear sablefish DTL 

fishery, the Council considered that 

weekly trip limits in this fishery appear 

to have a low impact on total landings, 

and that the primary control for total 

landings is tied to the bi-monthly 

cumulative trip limits. Therefore, the 

Council considered establishing a 

weekly limit at a level of no less than 

25 percent of the bi-monthly cumulative 

trip limit so that four trips could 

achieve the bi-monthly limit. This 

would improve efficiency and could 

also improve safety by allowing 

attainment of the bi-monthly limit in 

fewer trips if weather is bad. 

The overall harvest levels of sablefish 

in the limited entry fixed gear and open 

access fisheries north of 36° N. lat. are 

anticipated to decrease with the changes 

to the bi-monthly trip limits that are 

described below. Therefore, projected 

impacts to co-occurring overfished 

species in the limited entry fixed gear 

and open access fisheries are not 

anticipated to increase. The total 

projected impacts to darkblotched 

rockfish in the limited entry fixed gear 

and open access fisheries are very low. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing the following 

changes to trip limits in the limited 

entry fixed gear sablefish DTL fishery 

north of 36° N. lat.: An increase in the 

weekly limits north of 36° N. lat. from 

‘‘1,750 lb per week’’ to ‘‘2,000 lb per 

week’’ beginning on March 1 through 

the end of the year; a decrease in the bimonthly cumulative trip limits from 

‘‘8,500 lb per week’’ to ‘‘8,000 lb per 

week’’ from July 1 through October 31. 

See these new limits in Table 2 (North) 

and 2 (South) to part 660, subpart E. 

Based on the considerations outlined 

above, the Council also recommended 

and NMFS is implementing the 

following changes to the open access 

sablefish DTL fishery trip limits north of 

36° N. lat.: Increase the weekly limit 

from ‘‘1 landing per week of up to 800 

lb’’ to ‘‘1 landing per week of up to 950 

lb’’ from March 1 through June 30; 

increase the weekly limit from ‘‘1 

landing per week of up to 950 lb’’ to ‘‘1 

landing per week of up to 1,200 lb’’ from 

July 1 through the end of the year; 

decrease the bi-monthly cumulative trip 

limit from ‘‘2,400 lb per 2 months’’ to 

‘‘1,900 lb per 2 months’’ from March 1 

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through June 30; and decrease the bimonthly cumulative trip limit from 

‘‘2,750 lb per 2 months’’ to ‘‘2,250 lb per 

2 months’’ from July 1 through the end 

of the year. See these new limits in 

Table 3 (North) and 3 (South) to part 

660, subpart F. 

Sablefish DTL Fishery South of 36≥ N. 

Lat. 

During 2010, catch of sablefish in the 

limited entry fixed gear and open access 

DTL fisheries south of 36° N. lat. was 

higher than anticipated. In September 

and December 2010, the Council 

recommended and NMFS implemented 

decreases to sablefish trip limits in the 

limited entry fixed gear fishery, and 

more substantial decreases to the open 

access sablefish trip limits, including a 

closure of the sablefish fishery for 

December 2010 (75 FR 61102, October 4, 

2010; 75 FR 75417, December 3, 2010). 

The changes were anticipated to lower 

the projected impacts and keep 

projected impacts within the sablefish 

OY south of 36° N. lat. At their 

November 2010 meeting, the Council 

considered the fishery performance in 

2010 where increased effort and fishery 

participation was seen, particularly in 

the open access fishery. The Council 

considered the need for designing trip 

limits in both the limited entry fixed 

gear and open access sablefish DTL 

fisheries for 2011 that are anticipated to 

keep catch below the sablefish harvest 

level for south of 36° N. lat. The Council 

also considered designing trip limits for 

the two commercial non-trawl sectors 

that would be anticipated to allow 

slightly more overall harvest of sablefish 

by the limited entry fixed gear fishery. 

In light of the 2010 fishery performance, 

a restructuring of the sablefish trip 

limits for the non-trawl commercial 

fisheries south of 36° N. lat. was 

designed in an effort to: Balance the 

higher than anticipated harvest of 

sablefish by the open access fishery; 

prevent premature closure of fisheries in 

2011 and prevent exceeding the OY. 

West Coast Groundfish Observer data 

indicate that impacts to overfished 

species in the commercial fixed gear 

sablefish fisheries south of 36° N. lat. 

are extremely low. Therefore, decreases 

to trip limits to keep projected impacts 

below the 2011 sablefish harvest levels 

are not anticipated to result in changes 

to impacts to co-occurring overfished 

groundfish species. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing a restructured 

and slightly higher weekly trip limit in 

the limited entry fixed gear sablefish 

DTL fishery cumulative limits south of 

36° N. lat. of ‘‘2,100 lb per week’’ 

beginning on March 1 through the end 

of the year. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing restrictions to 

the open access sablefish DTL fishery 

trip limits south of 36° N. lat. as follows: 

From ‘‘400 lb per day, or 1 landing per 

week of up to 1,500 lb, not to exceed 

8,000 lb per 2 months’’ to ‘‘300 lb per 

day, or 1 landing per week of up to 

1,200 lb, not to exceed 2,400 lb per 2 

months’’ from March 1 through the end 

of the year. 

Recreational Fishery Management 

Measures 

In June 2010 the Council 

recommended that NMFS implement 

several changes to Washington, Oregon, 

and California’s recreational fishery 

management measures for groundfish 

for the 2011 and beyond fishing seasons 

as part of the biennial harvest 

specifications and management 

measures process. The 2011–2012 

harvest specifications and management 

measures have been delayed and will 

not be in place for the start of the 2011 

recreational groundfish fisheries. As a 

result of this delay, the recreational 

fishery management measures that were 

implemented during 2010 will remain 

in place for the start of 2011, until 

NMFS takes action through a 

rulemaking to revise them. At their 

November 2010 meeting, the Council 

requested that NMFS consider 

implementing changes to recreational 

fishery management measures via 

NMFS’ routine inseason management 

authority, where possible. Regulations 

at 50 CFR part 660.60(c) describe what 

types of changes to management 

measures are designated ‘‘routine’’ for 

the West Coast groundfish fishery. Not 

all changes to management measures 

that were requested by the Council at 

their November 2010 meeting are 

implemented in this rule. However, two 

changes to recreational groundfish 

fishery management measures are made 

in this rule and are described below. 

During 2010, the Groundfish 

Management Team, an advisory body to 

the Council, conducted an analysis of 

recent Washington recreational fishery 

data and determined that very few 

recreational anglers were attaining the 

15-fish bag limit for groundfish off the 

Washington coast. The analysis of 2008 

and 2009 data showed that 99.9 percent 

of anglers were not retaining more than 

a 12-fish bag limit. To align the 

recreational groundfish bag limits with 

recent catches, the Council 

recommended reducing the recreational 

groundfish bag limit off Washington 

from 15 fish to 12 fish, beginning in 

2011. Bag limits in the recreational 

groundfish fisheries are designated as a 

routine management measure and may 

be changed rapidly after a single 

Council meeting, and this change to 

management measures will maintain 

consistency with state regulations. 

Therefore, NMFS is implementing a 

reduction in the Washington 

recreational groundfish bag limit from 

15 fish to 12 fish, beginning on March 

1, 2011. 

In recent years the Washington 

recreational fishery for lingcod in the 

area between Cape Alava (48°10′ N. lat.) 

and the Washington/Oregon border 

(46°16′ N. lat.) (e.g., Marine Areas 1–3) 

opens each year on the Saturday that 

falls closest to March 15. A majority of 

recreational fishing trips off the 

Washington coast occur on weekends 

during this time of year. Opening the 

fishery on a Saturday rather than on a 

Sunday allows an additional day of 

lingcod fishing when the seasons for 

salmon and Pacific halibut are not yet 

open. During the last three biennial 

harvest specifications and management 

measures cycles the season opening 

dates are simply updated so that the 

lingcod season opening dates in this 

area fall on the Saturday that falls 

closest to March 15. For 2010, the 

season opening date was March 13 and 

this is the date that continues to be in 

the Washington recreational fishery 

regulations for this area for 2011. Based 

on a Council recommendation to 

maintain the Washington recreational 

lingcod fishing opportunities, the 

Washington Department of Fish and 

Wildlife requested that NMFS update 

the lingcod season start dates for 2011 

so that they fall on the Saturday closest 

to March 15. For 2011, this date is 

March 12. Changes to recreational 

fishery seasons are designated as a 

routine management measure and 

maybe changed rapidly after a single 

Council meeting. Therefore, NMFS is 

implementing a change in the season 

start date in the Washington recreational 

fishery for lingcod in Marine Areas 1– 

3 from March 13 to March 12, beginning 

on March 1, 2011. 

Classification 

This final rule makes routine inseason 

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 660.60(c) and are 

exempt from review under Executive 

Order 12866. 

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11384 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

These inseason adjustments are taken 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), and are in accordance with 50 CFR 

part 660, subparts C through G, 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 

biennial groundfish management 

measures under 5 U.S.C. 553(b)(B) 

because notice and comment would be 

impracticable and contrary to the public 

interest. Also, for the same reasons, 

NMFS finds good cause to waive the 30- 

day delay in effectiveness pursuant to 5 

U.S.C. 553(d)(3), so that this final rule 

may become effective 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 November 2–10, 2010, meeting in 

Costa Mesa, CA. The Council 

recommended that these changes be 

implemented by January 1, 2011 or as 

quickly as possible thereafter. 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 and recreational fisheries off 

Washington. 

Changes to sablefish trip limits for the 

remainder of the biennial period in the 

limited entry fixed gear and open access 

sablefish DTL fisheries and to sablefish 

cumulative limits in the primary fishery 

are needed to prevent the 2011 sablefish 

harvest specifications from being 

exceeded, coastwide. Changes to trip 

limits also reduce complexity of the 

cumulative limit structure and provide 

year round fishing opportunity. These 

changes must be implemented in a 

timely manner by March 1, 2011 

because failure to implement trip limit 

restrictions by March 1, 2011 would risk 

continued higher than anticipated catch 

of sablefish in the fishery south of 36° 

N. lat. These revisions are needed to 

keep the harvest of groundfish species 

within the harvest levels in place at the 

beginning of 2011, while allowing 

fishermen access to healthy stocks. 

Without these measures in place, the 

fisheries could risk exceeding the 2011 

sablefish harvest specifications if catch 

continues to be higher than anticipated, 

as it was in the open access sablefish 

DTL fishery south of 36° N. lat. in 2010. 

Without these measures in place, the 

fisheries could risk exceeding the 2011 

sablefish primary season cumulative 

limits that are based on the new, lower 

sablefish harvest levels, which could 

require restrictions later in the year for 

fisheries that take sablefish, or risk 

exceeding the 2011 sablefish harvest 

specifications. Delaying these changes 

would keep management measures in 

place that are not based on the best 

available data and that could lead to 

exceeding OYs. Such delay would 

impair achievement of one of the Pacific 

Coast Groundfish FMP goals to prevent 

overfishing and rebuild overfished 

stocks. 

Changes to lingcod season start dates 

in the Washington recreational fishery 

opens the lingcod fishery one day 

earlier and will allow fishermen 

additional harvest opportunities for 

lingcod. This change is necessary to 

relieve a restriction by allowing lingcod 

harvest opportunities, while staying 

within OYs. These changes must be 

implemented in a timely manner, as 

quickly as possible, so that fishermen 

are allowed 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. It would 

be contrary to the public interest to wait 

to implement these changes until after 

public notice and comment, because 

that would prevent fishermen from 

taking these fish at the time they are 

available, preventing additional harvest 

in fisheries that are important to coastal 

communities. 

Changes to the Washington 

recreational fishery, management 

measures are necessary to have 

consistency between state and Federal 

regulations. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian Fisheries. 

Dated: February 25, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 660.231 to subpart E, paragraph 

(b)(3)(i) is revised to read as follows: 

§ 660.231 Limited entry fixed gear 

sablefish primary fishery. 

* * * * * 

(b) * * * 

(3) * * * 

(i) A vessel participating in the 

primary season will be constrained by 

the sablefish cumulative limit 

associated with each of the permits 

registered for use with that vessel. 

During the primary season, each vessel 

authorized to fish in that season under 

paragraph (a) of this section may take, 

retain, possess, and land sablefish, up to 

the cumulative limits for each of the 

permits registered for use with that 

vessel (i.e., stacked permits). If multiple 

limited entry permits with sablefish 

endorsements are registered for use with 

a single vessel, that vessel may land up 

to the total of all cumulative limits 

announced in this paragraph for the 

tiers for those permits, except as limited 

by paragraph (b)(3)(ii) of this section. 

Up to 3 permits may be registered for 

use with a single vessel during the 

primary season; thus, a single vessel 

may not take and retain, possess or land 

more than 3 primary season sablefish 

cumulative limits in any one year. A 

vessel registered for use with multiple 

limited entry permits is subject to per 

vessel limits for species other than 

sablefish, and to per vessel limits when 

participating in the daily trip limit 

fishery for sablefish under § 660.232, 

subpart E. For 2011 and beyond, the 

following annual limits are in effect: 

Tier 1 at 41,379 lb (18,769 kg), Tier 2 

at 18,809 lb (8,532 kg), and Tier 3 at 

10,748 lb (4,875 kg). 

* * * * * 

■ 3. Table 2 (North) and Table 2 (South) 

to part 660, subpart E, are revised to 

read as follows: 

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* * * * * ■ 4. Table 3 (North) and Table 3 (South) 

to part 660, subpart F, are revised to 

read as follows: 


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■ 5. In § 660.360 to subpart G, paragraph 

(c)(1) introductory text and (c)(1)(iii)(B) 

are revised to read as follows: 

§ 660.360 Recreational fisherymanagement measures. 

* * * * * 

(c) * * * 

(1) Washington. For each person 

engaged in recreational fishing off the 

coast of Washington, the groundfish bag 

limit is 12 groundfish per day, including 

rockfish and lingcod, and is open yearround (except for lingcod). In the Pacific 

halibut fisheries, retention of groundfish 

is governed in part by annual 

management measures for Pacific 

halibut fisheries, which are published in 

the Federal Register. South of Leadbetter 

Point, WA to the Washington/Oregon 

border, when Pacific halibut are 


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onboard the vessel, no groundfish may 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod. 

The following sublimits and closed 

areas apply: 

* * * * * 

(iii) * * * 

(B) Between 48°10′ N. lat. (Cape 

Alava) and 46°16′ N. lat. (Washington/ 

Oregon border) (Washington Marine 

Areas 1–3), recreational fishing for 

lingcod is open for 2011, from March 12 

through October 16. 

* * * * * 

[FR Doc. 2011–4728 Filed 3–1–11; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XA258 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 24 

hours. This action is necessary to fully 

use the A season allowance of the 2011 

total allowable catch (TAC) of pollock in 

Statistical Area 630 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 28, 2011, through 

1200 hrs, A.l.t., March 1, 2011. 

Comments must be received no later 

than 4:30 p.m., A.l.t., March 17, 2011. 

ADDRESSES: Send comments to James W. 

Balsiger, Regional Administrator, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

You may submit comments, identified 

by RIN 0648–XA258, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. Comment will 

generally be posted 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: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed directed fishing for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on 

January 21, 2011 (76 FR 4082, January 

24, 2011). 

As of February 24, 2011, NMFS has 

determined that approximately 4,141 

metric tons of pollock remain in the 

directed fishing allowance for pollock in 

Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2011 TAC of 

pollock in Statistical Area 630 of the 

GOA, NMFS is terminating the previous 

closure and is reopening directed 

fishing pollock in Statistical Area 630 of 

the GOA. The Administrator, Alaska 

Region (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of pollock in Statistical Area 630 

of the GOA and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached after 

24 hours. Consequently, NMFS is 

prohibiting directed fishing for pollock 

in Statistical Area 630 of the GOA 

effective 1200 hrs, A.l.t., March 1, 2011. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of the pollock fishery 

in Statistical Area 630 of the GOA. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet and 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 24, 2011. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow pollock fishery 

in Statistical Area 630 of the GOA to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until March 17, 2011. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 25, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–4628 Filed 2–25–11; 4:15 pm] 

BILLING CODE 3510–22–P 

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