59816 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

potential impact of scallop vessels 

fishing in Closed Area II under the Sea 

Scallop Access Program proposed under 

Framework 16/39 to the Atlantic Sea 

Scallop and NE Multispecies FMPs, 

respectively, the Regional Administrator 

is closing the Eastern U.S./Canada Area 

to all limited access NE multispecies 

DAS vessels, unless they are 

participating in a future approved SAP 

for which the TAC allocation for the 

target stock for that SAP has not been 

fully harvested. In addition, the 

Regional Administrator is prohibiting 

all limited access NE multispecies DAS 

vessels from harvesting, possessing, or 

landing GB yellowtail flounder from the 

entire U.S./Canada Management for the 

remainder of the fishing year, effective 

October 6, 2004. This action is being 

taken at this time to ensure that the TAC 

for GB yellowtail flounder will not be 

exceeded during the 2004 fishing year.

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866.

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

Dated: September 30, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22481 Filed 10–1–04; 3:29 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 031216314–3314–01; I.D. 

092904C]

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Annual 

Specifications and Management 

Measures; Inseason Adjustments

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason adjustments to 

management measures; request for 

comments.

SUMMARY: NMFS announces changes to 

the commercial and recreational 

fisheries, and to the commercial 

fishery′s trawl rockfish conservation 

areas (RCAs) for the Pacific Coast 

groundfish fishery. These actions, 

which are authorized by the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP), will allow fisheries to 

access more abundant groundfish stocks 

while protecting overfished and 

depleted stocks.

DATES: Effective 0001 hours (local time) 

October 1, 2004, until the 2005–06 

annual specifications and management 

measures are effective; unless modified, 

superseded, or rescinded through a 

publication in the Federal Register. 

Comments on this rule will be accepted 

through November 1, 2004.

ADDRESSES: You may submit comments, 

identified by [092904C], by any of the 

following methods:

• E-mail: 

GroundfishInseason#6.nwr@noaa.gov: 

identified by the I.D. number in the 

subject line of the message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Fax: 206–526–6736

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070; or Rod 

McInnis, Acting Administrator, 

Southwest Region, NMFS, 501 West 

Ocean Blvd, Suite 4200, Long Beach, CA 

90802–4213.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–4646; fax: 206–526–

6736; and e-mail: jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This Federal Register document is 

available on the Government Printing 

Office′s website at: www.gpoaccess.gov/

fr/index.html.

Background information and 

documents are available at the NMFS 

Northwest Region website at: 

www.nwr.noaa.gov/1sustfsh/

gdfsh01.htm and at the Pacific Fishery 

Management Council′s website at: 

www.pcouncil.org.

Background

The Pacific Coast Groundfish FMP 

and its implementing regulations at 50 

CFR part 660, subpart G, regulate fishing 

for over 80 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Fishery 

Management Council (Pacific Council), 

and are implemented by NMFS. The 

specifications and management 

measures for the 2004 fishing year 

(January 1 - December 31, 2004) were 

initially published in the Federal 

Register as an emergency rule for 

January 1 - February 29, 2004 (69 FR 

1322, January 8, 2004) and as a 

proposed rule for March 1 - December 

31, 2004 (69 FR 1380, January 8, 2004). 

The emergency rule was amended at 69 

FR 4084, January 28, 2004, and the final 

rule for March 1 - December 31, 2004 

was published in the Federal Register

on March 9, 2004 (69 FR 11064), and 

subsequently amended at 69 FR 23440 

(April 29, 2004), 69 FR 23667 (April 30, 

2004), 69 FR 25013 (May 5, 2004), 69 FR 

28086 (May 18, 2004), 69 FR 38857 

(June 29, 2004), and at 69 FR 40805 

(July 7, 2004). In addition, an emergency 

rule establishing routine management 

measure authority, under the Pacific 

Coast Groundfish FMP, to close the 

Pacific whiting (whiting) primary 

season fisheries by sector before the 

sector′s whiting allocation is reached in 

order to minimize impacts on 

overfished species was implemented at 

69 FR 46448 (August 3, 2004).

The following changes to current 

groundfish management measures were 

recommended by the Pacific Council, in 

consultation with Pacific Coast Treaty 

Indian Tribes and the states of 

Washington, Oregon, and California, at 

its September 12–17, 2004, meeting in 

San Diego, CA. Pacific Coast groundfish 

landings will be monitored throughout 

the year, and further adjustments to trip 

limits or management measures will be 

made as necessary to allow achievement 

of, or to avoid exceeding the 2004 

optimum yields (OYs).

In the May inseason action (69 FR 

25013, May 5, 2004) NMFS provided 

additional fishing opportunity for the 

northern limited entry trawl fleet, which 

had been severely restricted to reduce 

the incidental catch of canary rockfish, 

by reducing the size of the trawl 

rockfish conservation area (the area 

closed to fishing for groundfish with 

trawl gear) or RCA, between the U.S. 

border with Canada and 40°10′ N. lat. 

The western, seaward boundary of the 

trawl RCA was moved from specific 

latitude and longitude coordinates 

approximating the 200–fm (366–m) 

depth contour to specific latitude and 

longitude coordinates approximating 

the 150–fm (274–m) depth contour. The 

reduction in the size of the trawl RCA 

for the remainder of the year was 

possible because new observer data 

indicated that the catch of overfished 

species, specifically darkblotched 

rockfish, was lower than predicted in 

this area. Darkblotched rockfish is a 

slope species that commonly inhabit 

waters between approximately 100 fm 

(183 m) and 220 fm (402 m). 

Additionally, canary rockfish are most 

commonly found in waters 50 fm (91 m) 

to 150 fm (274 m) in depth. Therefore, 

the reduction in the size of the trawl 

RCA was not predicted to result in

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59817

increased catch of canary rockfish nor 

was it predicted to cause any overfished 

groundfish species OY to be exceeded. 

In addition, after taking into account the 

updated trawl bycatch model results, 

which incorporated new observer data 

and considered the smaller trawl fleet 

after the trawl buyback, and landed 

catch data through the end of February 

2004, limited entry trawl trip limits for 

certain deepwater, slope species were 

increased for the remainder of the year 

in the May inseason action.

However, at the Pacific Council 

September 12–17, 2004, meeting, 

concern that the total mortality of 

canary and darkblotched rockfish would 

exceed their 2004 OYs before the end of 

the year resulted in the Pacific Council 

recommending inseason adjustments 

that are intended to drastically reduce 

the total mortality of these species. For 

darkblotched rockfish, the landed nonwhiting commercial catch of 

darkblotched rockfish through August 

was 159.6 mt (161 mt landed catch 

reported in PacFIN on September 4, 

2004, minus 0.7 mt for the shoreside 

whiting fishery catch minus 0.7 mt for 

EFP catch). When a discard proportion 

of 33 percent was applied to the landed 

catch value, based on the amount of 

landings and estimated discard in 2003, 

the estimated total non-whiting 

commercial catch of darkblotched 

rockfish through August was 238.2 mt. 

When the total mortality was projected 

through the end of the year under 

existing management measures and 

when combined with the estimated 

mortalities in other fisheries, the total 

mortality estimate for darkblotched 

rockfish in 2004 was 374 mt. The 2004 

OY was set equal to the acceptable 

biological catch (ABC) of 240 mt; 

therefore, if no inseason action is taken, 

the total mortality estimate would be 

134 mt over the ABC. This high total 

mortality estimate is assumed to be 

partially due to the inseason actions 

taken in May to reduce the size of the 

RCA and to increase the minor slope 

rockfish and splitnose trip limits. In 

order to reduce additional take over the 

2004 ABC/OY of 240 mt to near zero, 

this document announces inseason 

actions to revise existing management 

measures for darkblotched rockfish. The 

primary action to protect darkblotched 

rockfish is to extend the seaward 

boundary of the trawl RCA to eliminate 

trawling in areas where darkblotched 

are likely to occur. As an added 

precaution, the Council recommended 

decreases in trip limits for species that 

are known to co-occur with 

darkblotched. The Council 

recommended increasing trip limits to 

allow harvest of more abundant stocks 

for species and/or in areas which are not 

expected to increase mortality of 

darkblotched rockfish. Finally the 

Council recommended closure of the 

mothership whiting fishery, and 

implementation of a bycatch cap on the 

amount of darkblotched that can be 

taken by the whiting fishery, as 

described below. The Council did not 

recommend changes to the fixed gear 

and open access non-trawl fisheries or 

the recreational fishery to protect 

darkblotched rockfish, because these 

fisheries have minimal take of 

darkblotched rockfish.

The total commercial canary rockfish 

mortality is estimated to be 16.3 mt 

through August. When the total 

mortality of canary rockfish was 

projected through the end of the year 

under existing management measures 

and when combined with the estimated 

mortalities in other fishery sectors, the 

total mortality of canary rockfish was 

estimated to be 54.7 mt. Therefore, if no 

inseason action is taken, the total 

mortality estimate would be 7.4 mt over 

the 2004 OY of 47.3 mt. In order to 

minimize the amount of take over the 

2004 OY of 47.3 mt, this document 

announces inseason actions to revise 

existing management measures to 

reduce additional mortality of canary 

rockfish.

Because of the total mortality 

projections for darkblotched and canary 

rockfish, the Pacific Council 

recommended changes to the trawl 

rockfish conservation areas (RCAs) 

coastwide, adjustments to trip limits, 

non-retention of darkblotched rockfish 

and canary rockfish in all commercial 

non-whiting fisheries, and restrictions 

on Pacific whiting fisheries. These 

inseason adjustments are expected to 

reduce the total mortality of 

darkblotched and canary rockfish, 

bringing the total mortality of 

darkblotched rockfish to as close to zero 

as possible for the remainder of the year 

and the total mortality of canary 

rockfish down to keep it within the 

biological requirements of the 

rebuilding plan. With the inseason 

actions described in detail below, the 

projected total mortality through the 

end of the year for darkblotched 

rockfish was reduced by 91.5 mt, but is 

still projected to be 42.5 mt over the 

ABC/OY of 240 mt. The projected total 

mortality through the end of the year for 

canary rockfish was reduced by 7.1 mt 

and is projected to be 0.3 mt over the 

OY of 47.3 mt. [Note: Recreational 

fisheries take smaller canary rockfish 

than the commercial fisheries. 

Therefore, harvest in the recreational 

fishery results in greater per-ton impact 

on the canary rockfish stock over the 

rebuilding period than harvest in the 

commercial fishery. Therefore, the 

numerical OY calculated under the 

rebuilding plan will differ depending on 

how much harvest is anticipated to be 

taken in the commercial fishery and 

how much is anticipated to be taken in 

the recreational fishery. If the 2004 OY 

for canary rockfish were recalculated 

under the rebuilding plan based on the 

current estimates of recreational and 

commercial harvest, the canary OY 

would be approximately 49 mt., rather 

than the current 47.3 mt. However, 

NMFS is not revising the OY, but notes 

that while the fishery is currently 

projected to exceed the 2004 canary OY 

by 0.3 mt, the projected harvest is still 

within the biological parameters of the 

rebuilding plan. See the preamble to the 

2004 specifications and management 

measures proposed rule for more 

information, 69 FR 1380, January 8, 

2004.]

Trawl RCAs Coastwide

To minimize the commercial catch of 

darkblotched rockfish for the remainder 

of the year, the Pacific Council 

recommended that the seaward trawl 

RCA boundary move from specific 

latitude and longitude coordinates 

approximating the 150–fm (274–m) 

depth contour to the 250–fm (457–m) 

depth contour between the U.S./Canada 

border and 38° N lat. and that the 

seaward boundary move from specific 

latitude and longitude coordinates 

approximating the 150–fm (274–m) 

depth contour to the 200–fm (366–m) 

depth contour between 38° N. lat. and 

36° N. lat. The seaward boundary will 

remain at specific latitude and longitude 

coordinates approximating the 150–fm 

(274–m) depth contour between 36° N. 

lat. and the U.S./Mexico border for the 

remainder of the year. Additionally, the 

250–fm (457–m) line North of 38° N. lat. 

will not include previously scheduled 

modifications to open petrale fishing 

areas in Period 6 (November-December). 

Moving the seaward boundary line of 

the RCAs in these areas and not 

allowing access to petrale fishing 

grounds is expected to reduce any 

additional mortality of darkblotched 

rockfish for the remainder of the year to 

near zero.

To minimize the commercial catch of 

canary rockfish for the remainder of the 

year, the Pacific Council recommended 

that the shoreward trawl RCA boundary 

be moved to the shoreline coastwide, 

except for minor exceptions for the open 

access trawl fleet described below.

By moving the trawl RCA boundary to 

the shoreline, trawl fishing on the shelf 

shoreward of the RCA is eliminated,

59818 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

making differential trip limits for large 

and small footrope unnecessary for the 

remainder of 2004. Therefore, the 

limited entry trawl trip limits described 

below apply regardless of footrope gear 

fished.

In addition, California Department of 

Fish and Game has provided 

coordinates for the RCA boundary 

points approximating the 150–fm (274–

m) depth contour and the 200–fm (366–

m) depth contour at 36° N. lat. These 

additional coordinates draw the line of 

the seaward boundary of the RCA at 36°

N. lat. from a boundary line 

approximating the 200–fm (366–m) 

depth contour to a boundary line 

approximating the 150–fm (274–m) 

depth contour in order to protect 

darkblotched rockfish.

Limited Entry Trawl Trip Limit 

Adjustments

Retention of darkblotched rockfish 

and canary rockfish will be prohibited 

in the limited entry non-whiting trawl 

fisheries for the remainder of 2004. In 

addition, the Pacific Council 

recommended changes to limited entry 

trawl trip limits intended to provide 

opportunity to harvest more abundant 

stocks while minimizing impacts to 

darkblotched rockfish. As mentioned 

previously, differential trip limits 

between small and large footrope have 

been removed because trawling will be 

prohibited in the areas shoreward of the 

trawl RCA, which had lower limits for 

small footrope. Therefore, all 

differential trip limits have been either 

changed or adjusted to match the large 

footrope limits. [Note: Some trip limits 

will be increases or decreases 

implemented mid-cumulative limit 

period (i.e., October 1 for the September 

through October cumulative limit 

period). For trip limits that are 

increasing mid-cumulative limit period, 

vessels may land up to the increased 

amount (i.e., if the limit was previously 

15,000 lb (6,804 kg) per 2–month period 

for September through October and is 

being raised to 17,000 lb (7,711 kg) per 

2–month period beginning October 1, 

vessels that have already landed 15,000 

lb (6,804 kg) before October 1 could take 

an additional 2,000 lb (907 kg)). Trip 

limits for the following species will be 

reductions implemented midcumulative limit period (i.e., October 1 

for the September through October 

cumulative limit period). North of 

40°10′ N. lat., minor shelf and widow 

rockfish, yellowtail rockfish and lingcod 

will be reduced mid-cumulative limit 

period. South of 40°10′ N. lat., bocaccio 

and lingcod will be reduced midcumulative limit period. For 

enforcement purposes, if a vessel has 

already landed the higher cumulative 

limits for these species between 

September 1 through 30, that vessel will 

be in compliance with the regulations, 

but may not land any additional fish 

under those limits for the remainder of 

the cumulative limit period. If a vessel 

did not land the higher cumulative 

limits for these species between 

September 1 through 30 and has an 

amount remaining to be landed that is 

less than the lower cumulative trip 

limits in place beginning October 1, that 

vessel may land additional fish so that 

the total caught from September 1 

through October 31 does not exceed the 

reduced cumulative trip limits.]

North of 40°10′ N. lat., trip limits will 

be changed as follows:

(1) Trip limits for minor slope 

rockfish for November through 

December will be decreased from 8,000 

lb (3,629 kg) per two-month period to 

1,800 lb (816 kg) per 2–month period. 

This change is intended to reduce the 

take of darkblotched rockfish which cooccurs with slope species (darkblotched 

rockfish had previously been included 

in the minor slope trip limits).

(2) Previously scheduled trip limits 

for sablefish for September through 

October were 15,000 lb (6,804 kg) per 2–

month period for large footrope and 

10,000 lb (4,536 kg) per 2–month period 

for small footrope. Previously scheduled 

trip limits for sablefish for November 

through December were 11,000 lb (4,990 

kg) per 2–month period for large 

footrope and 5,000 lb (2,268 kg) per 2–

month period for small footrope. 

Sablefish trip limits will be increased 

for October through December to 17,000 

lb (7,711 kg) per 2–month period for 

both large and small footrope combined. 

This change is intended to allow harvest 

opportunity on more abundant species 

in areas where additional mortality of 

darkblotched rockfish is reduced to near 

zero.

(3) Previously scheduled trip limits 

for longspine thornyheads for 

September through December were 

18,000 lb (8,165 kg) per 2–month period 

for large footrope and 1,000 lb (454 kg) 

per 2–month period for small footrope. 

Longspine thornyheads trip limits will 

be increased for October through 

December to 18,000 lb (8,165 kg) per 2–

month period for both large and small 

footrope combined. This change is 

intended to allow harvest opportunity 

on more abundant species in areas 

where additional mortality of 

darkblotched rockfish is reduced to near 

zero.

(4) Previously scheduled trip limits 

for shortspine thornyheads for 

September through October were 4,100 

lb (1,860 kg) per 2–month period for 

large footrope and 3,000 lb (1,361 kg) 

per 2–month period for small footrope. 

Previously scheduled trip limits for 

shortspine thornyheads for November 

through December were 4,100 lb (1,860 

kg) per 2–month period for large 

footrope and 1,000 lb (454 kg) per 2–

month period for small footrope. 

Shortspine thornyhead trip limits will 

be increased for October through 

December to 5,100 lb (2,313 kg) per two 

month period for both large and small 

footrope combined. This change is 

intended to allow harvest opportunity 

on more abundant species in areas 

where additional mortality of 

darkblotched rockfish is reduced to near 

zero.

(5) Previously scheduled trip limits 

for Dover sole for September through 

October were 31,000 lb (14,061 kg) per 

2–month period for large footrope and 

27,000 lb (12,247 kg) per 2–month 

period for small footrope. Previously 

scheduled trip limits for Dover sole for 

November through December were 

50,000 lb (22,680 kg) per 2–month 

period for large footrope and 18,000 lb 

(8,165 kg) per 2–month period for small 

footrope. Dover sole trip limits will be 

increased for October through December 

to 40,000 lb (18,144 kg) per 2–month 

period for both large and small footrope 

combined. This change is intended to 

allow harvest opportunity on more 

abundant species in areas where 

additional mortality of darkblotched 

rockfish is reduced to near zero.

(6) Previously scheduled trip limits 

for all other flatfish and rex sole for 

large footrope gear during November 

through December were 100,000 lb 

(45,359 kg) per 2–month period and for 

Petrale sole was unlimited. Previously 

scheduled trip limits for all other 

flatfish, Petrale sole, and rex sole for 

small footrope gear during November 

through December were 70,000 lb 

(31,752 kg) per 2–month period, no 

more than 20,000 lb (9,072 kg) of which 

may be Petrale sole. All other flatfish, 

Petrale sole, and rex sole trip limits will 

be changed for November through 

December to 100,000 lb (45,359 kg) per 

2–month period for both large and small 

footrope combined. This change is 

intended to reduce potential discard of 

groundfish that might be associated 

with flatfish fisheries.

(7) Previously scheduled trip limits 

for arrowtooth flounder for large 

footrope gear during November through 

December was unlimited and for small 

footrope gear was 8,000 lb (3,629 kg) per 

2–month period. Arrowtooth flounder 

trip limits will be changed for 

November through December to 100,000 

lb (45,359 kg) per two month period for 

both large and small footrope combined.

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59819

This change is intended to reduce 

potential discard of groundfish that 

might be associated with flatfish 

fisheries.

(8) Previously scheduled trip limits 

for minor shelf rockfish and widow 

rockfish taken with large footrope gear 

for October through December were 300 

lb (136 kg) per 2–month period. 

Previously scheduled trip limits for 

minor shelf rockfish and widow 

rockfish taken with small footrope gear 

for September through October were 

1,000 lb (454 kg) per month, no more 

than 200 lb (91 kg) per month of which 

may be yelloweye rockfish and for 

November through December were 300 

lb (136 kg) per month. Minor shelf 

rockfish and widow rockfish will be 300 

lb (136 kg) per 2–month period for 

October through December for both 

small footrope and large footrope 

combined. This change is intended to 

make small footrope limits match large 

footrope limits since nearshore small 

footrope opportunities will no longer be 

available.

(9) Trip limits for canary rockfish 

with small footrope gear for October 

through December were 100 lb (45 kg) 

per month and will now be closed. This 

change is intended to make small 

footrope limits match large footrope 

limits since nearshore small footrope 

opportunities will no longer be 

available.

(10) Previously scheduled trip limits 

for yellowtail rockfish with small 

footrope gear for October through 

December were, ‘‘In landings without 

flatfish, 1,000 lb (454 kg) per month. As 

flatfish bycatch, per trip limit is the sum 

of 33 percent (by weight) of all flatfish 

except arrowtooth flounder, plus 10 

percent (by weight) of arrowtooth 

flounder. Total yellowtail landings not 

to exceed 10,000 lb (4,536 kg) per 2–

month period, no more than 1,000 lb 

(454 kg) per month of which may be 

landed without flatfish.’’ This trip limit 

will now be closed for October through 

December. This change is intended to 

make small footrope limits match large 

footrope limits since nearshore small 

footrope opportunities will no longer be 

available.

(11) Trip limits for minor nearshore 

rockfish with small footrope gear for 

October through December were 300 lb 

(136 kg) per month and will now be 

closed. This change is intended to make 

small footrope limits match large 

footrope limits since nearshore small 

footrope opportunities will no longer be 

available.

(12) Previously scheduled trip limits 

for lingcod with large footrope gear was 

500 lb (227 kg) per 2–month period for 

September through December and with 

small footrope gear was 800 lb (363 kg) 

per 2–month period. Lingcod trip limits 

for large and small footrope combined 

will be 500 lb (227 kg) per 2–month 

period for October through December. 

This change is intended to make small 

footrope limits match large footrope 

limits since nearshore small footrope 

opportunities will no longer be 

available.

South of 40°10′ N. lat., trip limits will 

be changed as follows:

(1) Trip limits for minor slope 

rockfish for November through 

December between 40°10′ N. lat and 38°

N. lat. will be decreased from 50,000 lb 

(22,680 kg) per 2–month period to 

10,000 lb (4,536 kg) per 2–month 

period. Trip limits for minor slope 

rockfish south of 38° N. lat. will remain 

at 50,000 lb (22,680 kg) per 2–month 

period. This change is intended to 

reduce the take of darkblotched rockfish 

which co-occurs with slope species 

(darkblotched rockfish had previously 

been included in the minor slope trip 

limits).

(2) Trip limits for splitnose for 

November through December between 

40°10′ N. lat and 38° N. lat. will be 

decreased from 50,000 lb (22,680 kg) per 

two month period to 10,000 lb (4,536 

kg) per 2–month period. Trip limits for 

splitnose south of 38° N. lat. will remain 

at 50,000 lb (22,680 kg) per 2–month 

period. This change is intended to 

reduce the take of darkblotched rockfish 

which co-occurs with splitnose.

(3) Sablefish trip limits will be 

increased for October through December 

from 13,000 lb (5,897 kg) per 2–month 

period to 17,000 lb (7,711 kg) per 2–

month period. This change is intended 

to allow harvest opportunity on more 

abundant species in areas where 

additional mortality of darkblotched 

rockfish is reduced to near zero.

(4) Shortspine thornyhead trip limits 

will be increased for October through 

December from 4,100 lb (1,860 kg) per 

2–month period to 5,100 lb (2,313 kg) 

per 2–month period. This change is 

intended to allow harvest opportunity 

on more abundant species in areas 

where additional mortality of 

darkblotched rockfish is reduced to near 

zero.

(5) Dover sole trip limits will be 

decreased for November through 

December from 49,000 lb (22,226 kg) per 

2–month period to 48,000 lb (21,772 kg) 

per 2–month period. This change is 

intended to reflect the harvest ratios of 

DTS (Dover sole, thornyheads, sablefish) 

complex species and to allow harvest 

opportunity on more abundant DTS 

species in areas where additional 

mortality of darkblotched rockfish is 

reduced to near zero

(6) Previously scheduled trip limits 

for all other flatfish and rex sole during 

November through December were 

120,000 lb (54,431 kg) per two month 

period and for Petrale sole was 

unlimited. All other flatfish, Petrale 

sole, and rex sole trip limits will be 

decreased for November through 

December to 120,000 lb (54,431 kg) per 

two month period, no more than 

100,000 lb (45,359 kg) per two month 

period of which may be Petrale sole. 

This change is intended to reduce 

potential discard of groundfish that 

might be associated with flatfish 

fisheries.

(7) Arrowtooth flounder trip limits 

will be decreased for November through 

December from unlimited to 100,000 lb 

(45,359 kg) per 2–month period. This 

change is intended to reduce potential 

discard of groundfish that might be 

associated with flatfish fisheries.

(8) Previously scheduled trip limits 

for minor shelf rockfish, widow 

rockfish, and chilipepper rockfish with 

small footrope gear for October through 

December was 1,000 lb (454 kg) per 

month, no more than 200 lb (91 kg) per 

month of which may be minor shelf and 

widow rockfish. Minor shelf rockfish 

will be a combined midwater, small and 

large footrope limit of 300 lb (136 kg) 

per month (equivalent to the previous 

large and midwater trip limit). 

Chilipepper rockfish will be a combined 

midwater, small and large footrope limit 

of 8,000 lb (3,629 kg) per 2–month 

(equivalent to the previous large and 

midwater trip limit) and widow rockfish 

will be closed for all trawl gear. This 

change is intended to make small 

footrope limits match large footrope 

limits since nearshore small footrope 

opportunities will no longer be 

available.

(9) Previously scheduled trip limits 

for bocaccio for October through 

November using large footrope gear was 

300 lb (136 kg) per 2–month period and 

using small footrope gear was closed. 

Trip limits for bocaccio for October 

through December will now be 300 lb 

(136 kg) per 2–month period for both 

large and small footrope combined. This 

change is intended to make small 

footrope limits match large footrope 

limits since nearshore small footrope 

opportunities will no longer be 

available.

(10) Trip limits for canary rockfish 

with small footrope gear for October 

through December were 100 lb (45 kg) 

per month and will now be closed. This 

change is intended to make small 

footrope limits match large footrope 

limits since nearshore small footrope 

opportunities will no longer be 

available.

59820 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

(11) Trip limits for minor nearshore 

rockfish with small footrope gear for 

October through December were 300 lb 

(136 kg) per month and will now be 

closed. This change is intended to make 

small footrope limits match large 

footrope limits since nearshore small 

footrope opportunities will no longer be 

available.

(12) Previously scheduled trip limits 

for lingcod with large footrope gear was 

500 lb (227 kg) per 2–month period for 

September through December and with 

small footrope gear was 800 lb (363 kg) 

per two month period. Lingcod trip 

limits for large and small footrope 

combined will be 500 lb (227 kg) per 2–

month period for October through 

December. This change is intended to 

make small footrope limits match large 

footrope limits since nearshore small 

footrope opportunities will no longer be 

available.

Limited Entry Trawl Pacific Whiting 

Fishery

At its June meeting, in response to the 

elevated catches of canary rockfish in 

the whiting fishery, the Council 

requested that NMFS implement an 

emergency rule that allows appropriate 

sectors of the commercial whiting 

fishery to be closed if the canary 

rockfish impacts reach 7.3 mt. 

Regulations at 50 CFR 660.323 (b)(ii) 

were revised on August 3, 2004 (69 FR 

46448) by an emergency rule that 

established routine management 

measure authority to close the whiting 

primary season fisheries by sector before 

the sector′s whiting allocation is 

reached, to minimize impacts on 

overfished species. This regulatory 

mechanism can be used to quickly close 

the commercial whiting primary season 

fisheries if NMFS estimates that the 

incidental catch of an overfished species 

is too high.

Initially, the Council requested that 

NMFS close the appropriate sectors of 

the commercial whiting fishery if the 

canary rockfish impacts reach 7.3 mt. 

However, at their September meeting, 

concerns about the total catch of canary 

and darkblotched rockfish by all 

commercial sectors resulted in the 

Council recommending that the 

mothership sector of the fishery, which 

has already stopped fishing, be closed 

on October 1, 2004. In addition, if the 

total catch in all whiting fisheries 

reaches 6.2 mt of canary rockfish or 9.5 

mt of darkblotched rockfish, the Council 

recommended that the catcher processor 

sector be closed. The shore-based sector 

was closed on August 14, 2004.

At the Pacific Council′s September 

meeting, the Council initially 

considered recommending a closure of 

all whiting fisheries or moving the 

fishery outside of 250 fathoms, effective 

October 1, 2004, in order to protect 

darkblotched rockfish. While the 

mothership sector was not expected to 

continue fishing in September, the 

catcher-processor sector would continue 

to fish. Recommending a full or partial 

closure on October 1, 2004, would 

create an incentive to catch the 

remaining whiting allocation as fast as 

possible with little or no concern over 

the additional canary or darkblotched 

rockfish taken. The representatives of 

the catcher-processor sector asked the 

Council to institute a bycatch cap, rather 

than to close the fishery. They proposed 

the cap be the total amount projected to 

be harvested by the fleet by October 1, 

2004, the planned date of the closure. 

They believe they can control the 

fishery to avoid reaching the cap which 

would allow them to take their 

allocation without increasing the 

harvest of darkblotched above what was 

projected to be taken by October 1, 

2004. The catcher-processor sector of 

this fishery has two observers on each 

vessel, and provides real-time data to 

NMFS. Therefore, the bycatch cap in 

this fishery is possible. Implementing 

bycatch caps in a fishery that is 

monitored and has real time data creates 

an incentive to fish carefully and in 

areas where they won′t take species of 

concern. Thus, while this fishery will be 

open longer than it would have been 

had it been closed on October 1, 2004, 

this action is not projected to result in 

additional mortality to darkblotched 

rockfish above what was anticipated by 

October 1, 2004.

NMFS plans to use the regulatory 

authority at 50 CFR 660.323 (b)(1)(ii), if 

appropriate, to close the primary 

whiting fisheries through a routine 

management measure as recommended 

by the Council. That is, if NMFS 

estimates, using the best available data, 

that 6.2 mt of canary rockfish or 9.5 mt 

of darkblotched rockfish have been 

taken in the 2004 whiting fisheries, 

NMFS will take inseason action and 

publish a Federal Register document to 

close the catcher-processor sector of the 

whiting fishery.

Industry representatives attending the 

September meeting pledged to avoid 

areas known for bycatch of canary and 

darkblotched rockfish and to monitor 

and voluntarily close the fishery if any 

of these catch limits were reached. 

Additionally, the Pacific Council 

requested that the Pacific whiting 

fishery voluntarily remain in areas 

deeper than 150 fathoms to minimize 

interactions with canary rockfish.

Limited Entry Fixed Gear Trip Limit 

Adjustments

The Pacific Council recommended 

changes to the limited entry fixed gear 

trip limits. Retention of darkblotched 

rockfish is prohibited in the limited 

entry fixed gear fisheries for the 

remainder of 2004. North of 40°10′ N 

latitude, beginning November 1, 2004, 

the trip limit for shortspine thornyheads 

will be reduced from 2,100 lb (953 kg) 

per 2–month period to 2,000 lb (907 kg) 

per 2–month period. This change is 

intended to make trip limits North of 

40°10′ N. lat. match limits south of 

40°10′ N. lat. for ease of enforcement 

and to reduce regulatory complexity. 

Between 40°10′ N. lat. and 38° N. lat., 

beginning November 1, 2004, the trip 

limits for both minor slope rockfish and 

splitnose rockfish will be reduced from 

50,000 lb (22,680 kg) per 2–month 

period to 10,000 lb (4,536 kg) per 2–

month period. South of 38° N. lat., the 

trip limits for both minor slope rockfish 

and splitnose rockfish will remain at 

50,000 lb (22,680 kg) per 2–month 

period. This change is intended to 

reduce the take of darkblotched rockfish 

in areas where it co-occurs with slope 

species and where it had been included 

in the minor slope trip limits.

Open Access Non-Retention and Trawl 

RCA

Retention of darkblotched rockfish is 

prohibited in the open access fisheries 

for the remainder of 2004. Due to low 

estimated impacts to canary rockfish 

and darkblotched rockfish, the Pacific 

Council recommended that exempted 

trawl fisheries in the open access sector 

which target sea cucumbers, California 

halibut, and ridgeback prawns continue 

to have access to nearshore areas as 

follows. Between 40°10′ N. lat. and 

34°27′ N. lat., allow sea cucumber and 

California halibut trawl fisheries 

shoreward of an RCA boundary 

approximating the 30–fm (55–m) depth 

contour beginning October 1. Ridgeback 

prawn will be subject to the trawl RCA 

restrictions in this area, which will be 

closed to the shoreline between 40°10′

N. lat. and 34°27′ N. lat. Between 34°27′

N. lat. and the U.S./Mexico border, 

allow exempted trawl fisheries for sea 

cucumbers, California halibut, and 

ridgeback prawns shoreward of an RCA 

boundary approximating the 75–fm 

(137–m) depth contour as previously 

scheduled. In addition, the Pacific 

Council recommended no retention of 

rockfish in these fisheries for the 

remainder of the year in order to 

eliminate any incentive to target 

nearshore rockfish species which might 

increase mortality of canary rockfish.

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59821

These depth and landing restrictions are 

intended to minimize additional 

mortality of canary and darkblotched 

rockfish by constraining the fishery to 

areas with low abundance of these 

species.

Oregon Recreational Fishery 

Adjustments

Oregon Department of Fish and 

Wildlife (ODFW) manages their 

recreational groundfish fisheries with 

‘‘harvest caps’’ for black rockfish, blue 

rockfish, nearshore rockfish, cabezon 

and greenling. Harvest caps are defined 

as the total catch for a given species, or 

species group, that may be taken in a 

single calendar year by the ocean boat 

fishery. Effective August 18, 2004, the 

cabezon harvest cap of 15.8 mt was 

projected to be reached and retention of 

cabezon was prohibited. Effective 

September 3, 2004, the greenling and 

rockfish harvest caps (5.2 mt for 

greenling, 11.2 mt for nearshore rockfish 

and 382.5 mt for black and blue 

rockfish) were projected to be reached 

and retention of all rockfish, lingcod, 

and greenling were prohibited. In an 

effort to allow some recreational 

fisheries with minimal impact to canary 

rockfish to operate, ODFW is allowing 

retention of yellowtail rockfish taken 

seaward of a boundary line 

approximating the 40–fm (73–m) depth 

contour from October 1 through October 

31, 2004. In addition, there will be 

continued access off Oregon for 

sablefish, flatfish and any groundfish 

not currently prohibited by state law in 

the area inside of a boundary line 

approximating the 40–fm (73–m) depth 

contour for the remainder of the year 

and both inside and outside of this same 

area through October 31, 2004. As 

recommended by the Pacific Council, 

NMFS will adjust Federal recreational 

groundfish regulations off Oregon to 

conform with ODFW regulations.

NMFS Actions

For the reasons stated herein, NMFS 

concurs with the Pacific Council′s 

recommendations and hereby 

announces the following changes to the 

2004 specifications and management 

measures (69 FR 11064, March 9, 2004), 

as amended at 69 FR 23440 (April 29, 

2004), 69 FR 23667 (April 30, 2004), 69 

FR 25013 (May 5, 2004), 69 FR 28086 

(May 18, 2004), 69 FR 38857 (June 29, 

2004), and at 69 FR 40805 (July 7, 2004), 

to read as follows:

1. On pages 11099–11100, in section 

IV. NMFS Actions, under A. General 

Definitions and Provisions, paragraph 

(17)(ix) is revised to read as follows:

* * * * *

(223) 36°00.00′ N. lat., 121°35.15′ W. 

long.;

(224) 35°57.74′ N. lat., 121°33.45′ W. 

long.;

(225) 35°51.32′ N. lat., 121°30.08′ W. 

long.;

(226) 35°45.84′ N. lat., 121°28.84′ W. 

long.;

(227) 35°38.94′ N. lat., 121°23.16′ W. 

long.;

(228) 35°26.00′ N. lat., 121°08.00′ W. 

long.;

(229) 35°07.42′ N. lat., 120°57.08′ W. 

long.;

(230) 34°42.76′ N. lat., 120°55.09′ W. 

long.;

(231) 34°37.75′ N. lat., 120°51.96′ W. 

long.;

(232) 34°29.29′ N. lat., 120°44.19′ W. 

long.;

(233) 34°27.00′ N. lat., 120°40.42′ W. 

long.;

(234) 34°21.89′ N. lat., 120°31.36′ W. 

long.;

(235) 34°20.79′ N. lat., 120°21.58′ W. 

long.;

(236) 34°23.97′ N. lat., 120°15.25′ W. 

long.;

(237) 34°22.11′ N. lat., 119°56.63′ W. 

long.;

(238) 34°19.00′ N. lat., 119°48.00′ W. 

long.;

(239) 34°15.00′ N. lat., 119°48.00′ W. 

long.;

(240) 34°08.00′ N. lat., 119°37.00′ W. 

long.;

(241) 34°08.39′ N. lat., 119°54.78′ W. 

long.;

(242) 34°07.10′ N. lat., 120°10.37′ W. 

long.;

(243) 34°10.08′ N. lat., 120°22.98′ W. 

long.;

(244) 34°13.16′ N. lat., 120°29.40′ W. 

long.;

(245) 34°09.41′ N. lat., 120°37.75′ W. 

long.;

(246) 34°03.15′ N. lat., 120°34.71′ W. 

long.;

(247) 33°57.09′ N. lat., 120°27.76′ W. 

long.;

(248) 33°51.00′ N. lat., 120°09.00′ W. 

long.;

(249) 33°38.16′ N. lat., 119°59.23′ W. 

long.;

(250) 33°37.04′ N. lat., 119°50.17′ W. 

long.;

(251) 33°42.28′ N. lat., 119°48.85′ W. 

long.;

(252) 33°53.96′ N. lat., 119°53.77′ W. 

long.;

(253) 33°59.94′ N. lat., 119°19.57′ W. 

long.;

(254) 34°03.12′ N. lat., 119°15.51′ W. 

long.;

(255) 34°01.97′ N. lat., 119°07.28′ W. 

long.;

(256) 34°03.60′ N. lat., 119°04.71′ W. 

long.;

(257) 33°59.30′ N. lat., 119°03.73′ W. 

long.;

(258) 33°58.87′ N. lat., 118°59.37′ W. 

long.;

(259) 33°58.08′ N. lat., 118°41.14′ W. 

long.;

(260) 33°50.93′ N. lat., 118°37.65′ W. 

long.;

(261) 33°39.54′ N. lat., 118°18.70′ W. 

long.;

(262) 33°35.42′ N. lat., 118°17.14′ W. 

long.;

(263) 33°32.15′ N. lat., 118°10.84′ W. 

long.;

(264) 33°33.71′ N. lat., 117°53.72′ W. 

long.;

(265) 33°31.17′ N. lat., 117°49.11′ W. 

long.;

(266) 33°16.53′ N. lat., 117°36.13′ W. 

long.;

(267) 33°06.77′ N. lat., 117°22.92′ W. 

long.;

(268) 32°58.94′ N. lat., 117°20.05′ W. 

long.;

(269) 32°55.83′ N. lat., 117°20.15′ W. 

long.;

(270) 32°46.29′ N. lat., 117°23.89′ W. 

long.;

(271) 32°42.00′ N. lat., 117°22.16′ W. 

long.;

(272) 32°39.47′ N. lat., 117°27.78′ W. 

long.; and

(273) 32°34.83′ N. lat., 117°24.69′ W. 

long.

* * * * *

2. On pages 11102–11103, in section 

IV. NMFS Actions, under A. General 

Definitions and Provisions, paragraph 

(17)(xi) is revised to read as follows:

* * * * *

(210) 36°00.00′ N. lat., 121°36.95′ W. 

long.;

(211) 35°57.07′ N. lat., 121°34.32′ W. 

long.;

(212) 35°52.31′ N. lat., 121°32.45′ W. 

long.;

(213) 35°51.21′ N. lat., 121°30.91′ W. 

long.;

(214) 35°46.32′ N. lat., 121°30.30′ W. 

long.;

(215) 35°33.74′ N. lat., 121°20.10′ W. 

long.;

(216) 35°31.37′ N. lat., 121°15.23′ W. 

long.;

(217) 35°23.32′ N. lat., 121°11.44′ W. 

long.;

(218) 35°15.28′ N. lat., 121°04.45′ W. 

long.;

(219) 35°07.08′ N. lat., 121°00.30′ W. 

long.;

(220) 34°57.46′ N. lat., 120°58.23′ W. 

long.;

(221) 34°44.25′ N. lat., 120°58.29′ W. 

long.;

(222) 34°32.30′ N. lat., 120°50.22′ W. 

long.;

(223) 34°27.00′ N. lat., 120°42.55′ W. 

long.;

(224) 34°19.08′ N. lat., 120°31.21′ W. 

long.;

59822 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

(225) 34°17.72′ N. lat., 120°19.26′ W. 

long.;

(226) 34°22.45′ N. lat., 120°12.81′ W. 

long.;

(227) 34°21.36′ N. lat., 119°54.88′ W. 

long.;

(228) 34°09.95′ N. lat., 119°46.18′ W. 

long.;

(229) 34°09.08′ N. lat., 119°57.53′ W. 

long.;

(230) 34°07.53′ N. lat., 120°06.35′ W. 

long.;

(231) 34°10.54′ N. lat., 120°19.07′ W. 

long.;

(232) 34°14.68′ N. lat., 120°29.48′ W. 

long.;

(233) 34°09.51′ N. lat., 120°38.32′ W. 

long.;

(234) 34°03.06′ N. lat., 120°35.54′ W. 

long.;

(235) 33°56.39′ N. lat., 120°28.47′ W. 

long.;

(236) 33°50.25′ N. lat., 120°09.43′ W. 

long.;

(237) 33°37.96′ N. lat., 120°00.08′ W. 

long.;

(238) 33°34.52′ N. lat., 119°51.84′ W. 

long.;

(239) 33°35.51′ N. lat., 119°48.49′ W. 

long.;

(240) 33°42.76′ N. lat., 119°47.77′ W. 

long.;

(241) 33°53.62′ N. lat., 119°53.28′ W. 

long.;

(242) 33°57.61′ N. lat., 119°31.26′ W. 

long.;

(243) 33°56.34′ N. lat., 119°26.40′ W. 

long.;

(244) 33°57.79′ N. lat., 119°26.85′ W. 

long.;

(245) 33°58.88′ N. lat., 119°20.06′ W. 

long.;

(246) 34°02.65′ N. lat., 119°15.11′ W. 

long.;

(247) 33°59.02′ N. lat., 119°02.99′ W. 

long.;

(248) 33°57.61′ N. lat., 118°42.07′ W. 

long.;

(249) 33°50.76′ N. lat., 118°37.98′ W. 

long.;

(250) 33°38.41′ N. lat., 118°17.03′ W. 

long.;

(251) 33°37.14′ N. lat., 118°18.39′ W. 

long.;

(252) 33°35.51′ N. lat., 118°18.03′ W. 

long.;

(253) 33°30.68′ N. lat., 118°10.35′ W. 

long.;

(254) 33°32.49′ N. lat., 117°51.85′ W. 

long.;

(255) 32°58.87′ N. lat., 117°20.36′ W. 

long.; and

(256) 32°35.53′ N. lat., 117°29.67′ W. 

long.

3. On pages 11108–11114, in section 

IV. NMFS Actions, under B. Limited 

Entry Fishery, at the end of paragraph 

(1), Table 3 (North), Table 3 (South), 

Table 4 (North), and Table 4 (South) are 

revised to read as follows:

IV. NMFS Actions

B. Limited Entry Fishery

(1) * * *

* * * * *

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4. On pages 11116–11118, in section 

IV. NMFS Actions, under C. Trip Limits 

in the Open Access Fishery, at the end 

of paragraph (1), Table 5 (North) and 

Table 5 (South) are revised to read as 

follows:

IV. NMFS Actions

C. Trip Limits in the Open Access 

Fishery

(1) * * *

* * * * *


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5. In section IV., under D. 

Recreational Fishery, paragraphs (2)(a) 

and (b) are revised to read as follows:

* * * * *

(2) Oregon.

(a) Seasons, closed areas. Recreational 

fishing for groundfish is open from 

January 1 through December 31 in all 

areas, except that from June 1 through 

September 30 and from November 1 

through December 31, recreational 

fishing for groundfish is prohibited 

seaward of a recreational RCA boundary 

line approximating the 40–fm (73–m) 

depth contour, subject to the provisions 

in paragraph IV.D.(2)(b). Coordinates for 

the boundary line approximating the 

40–fm (73–m) depth contour are listed 

in section IV.A.(17)(f). Recreational 

fishing for all groundfish may be 

prohibited inseason seaward of a 

boundary line approximating the 30–fm 

(55–m) depth contour. If a boundary 

line approximating the 30–fm (55–m) 

depth contour is implemented inseason, 

a document will be published in the 

Federal Register pursuant to the 

requirements of the APA. Coordinates 

for the boundary line approximating the 

30–fm (55–m) depth contour are listed 

in section IV.A.(17)(f).

(b) Bag limits, size limits. The bag 

limits for each person engaged in 

recreational fishing in the EEZ seaward 

of Oregon are 10 marine fish per day, 

which excludes salmon, tuna, perch 

species, sturgeon, sanddabs, lingcod, 

greenling, cabezon, all rockfish (except 

yellowtail rockfish outside 40–fm 

during October 1 through 31), striped 

bass and baitfish (herring, smelt, 

anchovies and sardines), but which 

includes yellowtail rockfish (outside of 

a boundary line approximating the 40–

fm depth contour, as described in 

paragraph D.(2)(a), during October 1 

through 31 only) and other groundfish 

species (including sablefish and 

flatfish). Taking and retaining all 

rockfish (except yellowtail rockfish), 

greenling, cabezon, and lingcod is 

prohibited. During the all-depth 

recreational fisheries for Pacific halibut, 

vessels with halibut on board may not 

take and retain, possess or land 

yelloweye rockfish or canary rockfish.

* * * * *

Classification

These actions are authorized by the 

Pacific Coast groundfish FMP and its 

implementing regulations, and 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.

The Assistant Administrator for 

Fisheries, NOAA, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for public 

comment on this action pursuant to 5 

U.S.C. 553(b)(3)(B). Providing prior 

notice and comment on the inseason 

adjustments would be impracticable 

because the data upon which these 

recommendations were based were 

provided to the Pacific Council at its 

September 12–17, 2004, meeting in San 

Diego, CA. As described below, there 

was not sufficient time after that 

meeting to draft this document and 

undergo proposed and final rulemaking 

before these regulations are supposed to 

be effective, October 1, 2004. Many of 

the previously scheduled RCAs for the 

October through December period are 

more liberal (smaller) than the RCAs 

contained in this inseason action. The 

delay required by notice and comment 

would allow sufficient fishing time so 

that most participants in the fishery 

could fish in areas with a higher 

encounter rate of darkblotched and 

canary rockfish, both of which are 

projected to exceed their 2004 OYs, 

before this inseason action would be in 

effect. Therefore, for the actions to be 

implemented in this document to 

reduce mortality of darkblotched and 

canary rockfish, providing prior notice 

and opportunity for comment would be 

impracticable because it would take too 

long, thus impeding the Agency′s 

function of managing fisheries to 

approach without exceeding the OYs for 

federally managed species.

Adjustments to management measures 

in this inseason action include changes 

to the management measures for the 

limited entry groundfish fisheries and 

Oregon′s recreational fishery. Changes 

to limited entry trawl trip limits 

implemented with this inseason action 

are a mix of more conservative and more 

liberal trip limits than previously 

scheduled. More liberal trip limits, such 

as for DTS (Dover sole, thornyheads, 

and sablefish) complex species must be 

implemented in a timely manner to 

allow fishermen continued harvest 

opportunities throughout the year for 

species that are tracking below their 

OYs and in areas where there is 

minimal impact to overfished species. 

More conservative trip limits, such as 

for minor slope rockfish, minor shelf 

rockfish, and arrowtooth flounder, and 

bycatch caps for the whiting fishery 

must be implemented in a timely 

manner to keep harvest of those species 

within their 2004 OYs and/or to allow 

the fisheries to continue throughout the 

year.

For these reasons, good cause also 

exists to waive the 30–day delay in 

effectiveness requirement under 5 

U.S.C. 553 (d)(3).

These actions are taken under the 

authority of 50 CFR 660.323(b)(1) and 

are exempt from review under Executive 

Order 12866.

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

Dated: October 1, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22477 Filed 10-1–04; 3:51 pm]

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