[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Rules and Regulations]
[Pages 75417-75431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30390]



[[Page 75417]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090428799-9802-01]
RIN 0648-BA44


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery 
Management Measures

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures; request for comments.

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SUMMARY: This final rule makes inseason adjustments to commercial and 
tribal 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) December 1, 2010. Comments on 
this final rule must be received no later than 5 p.m., local time on 
January 3, 2011.

ADDRESSES: You may submit comments, identified by RIN 0648-BA44, by any 
one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Fax: 206-526-6736, Attn: Gretchen Hanshew.
    <bullet> Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115-
0070, Attn: Gretchen Hanshew.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. 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, <a href="/cdn-cgi/l/email-protection#ccabbea9b8afa4a9a2e2a4ada2bfa4a9bb8ca2a3adade2aba3ba"><span class="__cf_email__" data-cfemail="dbbca9beafb8b3beb5f5b3bab5a8b3beac9bb5b4babaf5bcb4ad">[email protected]</span></a>.

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). This 
final rule was subsequently amended by inseason actions on 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); and October 4, 2010 (75 FR 61102). 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 issued a final rule in response 
to a duly issued court order on July 8, 2010 (75 FR 39178). NMFS also 
issued a final rule to implement Amendments 20 and 21 to the Pacific 
Coast Groundfish Fishery Management Plan (FMP) on October 1, 2010 (75 
FR 60868). 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 at 50 CFR part 660, subparts C through G.
    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. The 
Council recommended adjusting the groundfish management measures to 
respond to updated fishery information and other inseason management 
needs. These changes include: Expansion of the trawl Rockfish 
Conservation Area (RCA) and a closure of the minor slope rockfish and 
darkblotched rockfish fishing in the limited entry trawl commercial 
fisheries off Washington, Oregon, and northern California (north of 
40[deg]10' N. lat.); reductions to sector specific bycatch limits of 
darkblotched rockfish for all sectors of the primary Pacific whiting 
fishery; reductions to daily trip limits (DTL) for sablefish in the 
limited entry fixed gear fishery south of 36[deg] N. lat. and a closure 
of the open access commercial fisheries for sablefish in that same 
area; increases to sablefish DTL limits in the limited entry fixed gear 
and open access commercial fisheries north of 36[deg] N. lat.; and 
changes to the Makah tribal midwater trawl fishery management measures.

Limited Entry Trawl Fishery

    At their November 2-10, 2010, meeting, the Council received new 
data and analyses on the catch of groundfish in the limited entry non-
whiting trawl fishery. As described below, the Council considered 
inseason actions to reduce the mortality of darkblotched rockfish in 
the limited entry non-whiting trawl fishery and the limited entry 
primary season whiting fishery, the fisheries in which most 
darkblotched rockfish are taken. Cumulative limit fishing Period 6, 
November-December, was already underway by the Council's November 
meeting. Because the new information was available so late in the year, 
making inseason changes to fishing regulations as quickly as possible 
can only affect the last 4-5 weeks of the year.
    The Council uses a model to predict annual groundfish mortality in 
the limited entry non-whiting trawl fishery. At the November 2010 
meeting, the Groundfish Management Team (GMT), an advisory body to the 
Council, determined that the model was underestimating the mortality of 
darkblotched rockfish. The model uses historical data, weighted more 
heavily towards the most recent year, to predict how current management 
measures will affect the mortality of groundfish species. The model has 
limited ability to account for recent, large-scale shifts in fishing 
effort and target catch species composition for use in its projection 
of bycatch species' total mortality.
    Instead of relying solely on the model projections, which were by 
then understood to be too low for

[[Page 75418]]

darkblotched rockfish, the GMT made an adjustment to the model to 
produce a better estimate of the mortality of darkblotched rockfish 
through the end of 2010. The GMT used the best inseason estimates of 
landings of darkblotched rockfish, through October 2010, to project 
what the darkblotched rockfish landings may be through the rest of the 
year. An assumption was also made about the discard rate (assumed to be 
50 percent of the darkblotched total mortality, a 5-year average, 
weighted toward the most recent data) to estimate how much darkblotched 
rockfish was discarded in 2010, and that discard mortality estimate was 
added to the landed mortality estimate to produce an estimate of total 
mortality of darkblotched rockfish through the end of the year. Using 
the adjusted projection, the GMT projected that 335 mt of darkblotched 
rockfish would be caught in the limited entry non-whiting trawl 
fishery, through the end of the year, if no action were taken to reduce 
impacts. This level of mortality in the limited entry non-whiting trawl 
fishery, combined with projected impacts to darkblotched rockfish from 
all other fisheries, would exceed the 2010 darkblotched rockfish OY of 
330 mt by 53 mt, or approximately 16 percent.
    Darkblotched rockfish total mortality is highly variable, largely 
due to the high variability in the discard rate and its sensitivity to 
area closures and slope rockfish trip limits. Because the adjusted 
projection of darkblotched rockfish mortality assumed a discard rate, 
which is known to be highly variable, the point estimate of the total 
mortality for darkblotched rockfish in the limited entry non-whiting 
trawl fishery is highly uncertain. If the actual 2010 trawl discard 
rate is lower than assumed, total mortality, which includes mortality 
estimates from all other sources, of darkblotched rockfish could 
actually be well below the 2010 OY. If the actual 2010 discard rate is 
higher than assumed, total mortality of darkblotched rockfish could 
actually be higher than projected. However, NMFS anticipates that the 
assumed bycatch rate of 50 percent may be higher than the actual 
discard rate for early 2010 because landings were very high from 
January-April, when there was a large trip limit in place. It is very 
likely that, with the high landings early in the year, discards during 
this time were much lower than 50 percent. If that is the case, the 
adjusted projection that resulted in a projected impact of 335 mt of 
darkblotched rockfish is more likely to be an overestimate.
    The Council considered and recommended expanding the northern trawl 
RCA seaward as soon as possible after their November meeting, for the 
remainder of 2010, in order to close areas where darkblotched rockfish 
are encountered, and to therefore lower impacts to darkblotched 
rockfish. The Council also considered and recommended reductions to the 
trip limits for ``minor slope rockfish and darkblotched rockfish'' to 
lower the landings of darkblotched rockfish through the end of the 
year. These changes to management measures are intended reduce the 
total mortality of darkblotched rockfish. Using the adjusted 
projection, assuming a 50 percent discard rate, the GMT projected 298 
mt of darkblotched rockfish mortality in the limited entry non-whiting 
trawl fishery through the end of the year if the RCA was expanded and 
the trip limits were ``closed'' on December 1, 2011. Reducing a two-
month limit in the middle of the period has limited effectiveness, 
because many vessels may have already taken their full limit, and 
others could swiftly take theirs before the recommended reduction can 
be implemented. Nonetheless, the trip limits for slope and darkblotched 
rockfish are being reduced to zero, as of December 1, 2010. Because the 
new fishery information and analyses were available so late in the 
year, the options for restrictions to fishery management measures that 
would reduce darkblotched rockfish impacts are limited. However, the 
restrictions proposed for the last 4-5 weeks of the year in the limited 
entry non-whiting trawl fishery are anticipated to reduce the projected 
total impacts to darkblotched rockfish by approximately 37 mt.
    The Council did not recommend changes to management measures in the 
limited entry non-whiting trawl fishery south of 40[deg]10' N. lat. to 
reduce impacts to darkblotched rockfish. This is because only a very 
small amount of darkblotched rockfish are encountered in the limited 
entry non-whiting trawl fishery south of 40[deg]10' N. lat., and even 
drastic restrictions were not projected to reduce impacts by an 
appreciable amount.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing the following changes to the trawl RCA and 
cumulative limits in the limited entry non-whiting trawl fishery North 
of 40[deg]10' N. lat.: Modify the November-December 2010 bi-monthly 
cumulative limit from ``4,000 lb per two months'' to ``4,000 lb per 
month'' for the month of November only, effective on December 1, 2010; 
decrease the minor slope rockfish and darkblotched rockfish bi-monthly 
cumulative limit in December to ``CLOSED'' beginning on December 1, 
2010 through the end of the year; and shift the seaward boundary of the 
trawl RCA from ``the boundary line approximating the 200 fm depth 
contour and modified to allow fishing for petrale sole'' to ``the 
boundary line approximating the 250 fm depth contour'' beginning on 
December 1, 2010 through the end of the year.
    The Council also considered restrictions in the limited entry 
Pacific whiting midwater trawl fishery to reduce the potential harvest 
of darkblotched rockfish at the end of the year. The Pacific whiting 
fishery is managed with sector specific bycatch limits for several 
species, one of which is darkblotched rockfish. Several thousand metric 
tons of Pacific whiting have yet to be harvested in this fishery 
through the end of the year. Historical information and anecdotal 
testimony indicate that darkblotched bycatch in the whiting fishery is 
lower later in the year. Therefore, there is a considerable amount of 
the darkblotched rockfish bycatch limits that will likely go 
unharvested. The most recent fishery information, available on November 
4, 2010, indicated that: The catcher/processor sector had taken only 
2.3 mt of their 8.5 mt darkblotched rockfish bycatch limit, had 17 
percent of their whiting allocation remaining to be harvested, and was 
continuing to fish; the mothership sector had taken 5.5 mt of their 6.0 
mt darkblotched rockfish bycatch limit, had only 2,000 mt of their 
whiting allocation remaining, and was unlikely to harvest this 
remaining amount; and the shorebased sector had taken only 4.0 mt of 
their 10.5 mt darkblotched rockfish bycatch limit, had 17 percent left 
of their whiting allocation, and it was likely that only a few vessels 
would continue to fish for whiting. Fishers in the Pacific whiting 
fishery informed the Council that it was their intent to fish deeper 
than 170 fm, which is beyond the area in which the majority of 
darkblotched are encountered, to help ensure that darkblotched catch 
would remain much lower than their bycatch limits. The Council 
considered reductions to the sector specific bycatch limits for 
darkblotched rockfish that would reduce the remaining potential impacts 
in the primary whiting fishery, while still allowing the fishery to 
harvest their remaining allocations of Pacific whiting
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing the following changes to the sector specific 
bycatch limits for darkblotched rockfish in the limited entry Pacific 
whiting midwater

[[Page 75419]]

trawl fishery, beginning on December 1: Reduce the darkblotched 
rockfish bycatch limit for the catcher/processor sector from 8.5 mt to 
5.5 mt (of which 2.3 mt had already be taken); reduce the darkblotched 
rockfish bycatch limit for the mothership sector from 6.0 mt to 5.5 mt 
(which had already been taken); and reduce the darkblotched rockfish 
bycatch limit for the shorebased sector from 10.5 mt to 5.0 mt (of 
which 4.0 mt had already been taken). It appears that 4.2 mt of 
darkblotched rockfish was available for harvest in this fishery as of 
November 1, 2010, through the end of the year, some of which may 
already be taken before this action is effective.
    With the changes to fishery management measures described above, 
the total projected impacts to darkblotched rockfish through the end of 
the year is 337 mt, which exceeds the 2010 darkblotched rockfish OY of 
330 mt by 7 mt, or approximately 2 percent. The projected impact of 337 
mt includes 298 mt from the limited entry non-whiting trawl fishery and 
also assumes that all sectors of the Pacific whiting fishery will catch 
their entire revised sector specific darkblotched rockfish bycatch 
limits (that is, the 4.2 mt was available for harvest in this fishery 
as of November 1, 2010, through the end of the year). As described 
above, the adjusted projection for the limited entry non-whiting trawl 
fishery are highly uncertain and is likely to be an overestimate of 
impacts. In addition, it is unlikely that the catcher processor and 
shorebased sectors will catch their entire sector specific bycatch 
limits of darkblotched rockfish this year. Based on these 
considerations, and with the restrictions to the limited entry trawl 
fishery and the precautionary measures that the Pacific whiting fishers 
will take to avoid bycatch of darkblotched rockfish, it is probable 
that the actual total mortality of darkblotched rockfish will be kept 
below the 2010 OY of 330 mt. The most accurate 2010 discard rate of 
darkblotched rockfish in the non-whiting trawl fishery, and the total 
mortality of darkblotched rockfish in the entire groundfish fishery, 
will only be known after the west coast groundfish observer program 
publishes the 2010 total mortality report, between July 2011 and 
January 2012.

Sablefish Daily Trip Limit Fishery North of 36[deg] N. Lat.

    The Council considered increases to sablefish trip limits for the 
Limited Entry and Open Access Daily Trip Limit (DTL) fisheries north of 
36[deg] N. lat. at their June and September 2010 meetings. Trip limits 
were modestly increased for the Limited Entry DTL fishery after the 
June 2010 meeting because that fishery was tracking lower than 
anticipated. Changes to management measures were not recommended for 
either sector at the September 2010 meeting because available 
information indicated that catches were tracking similar to anticipated 
levels for the limited entry fixed gear fishery, and there was a 
possibility of effort shifts from south to north of 36[deg] N. latitude 
due to trip-limit reductions to sablefish in the south. Catch of 
sablefish in the limited entry fixed gear and open access daily trip 
limit (DTL) fisheries north of 36[deg] N. lat. are anticipated to be 
below their allocations. Based on the most recent fishery information, 
if no action is taken and catch remains lower than expected, landings 
of sablefish through the end of the year would be: 281 mt, or 88 
percent of the limited entry fixed gear sablefish DTL fishery 
allocation of 321 mt; and 435 mt, or 82 percent of the open access 
fishery sablefish allocation of 529 mt. The Council considered options 
for trip limit increases in the limited entry fixed gear and open 
access sablefish DTL fisheries north of 36[deg] N. lat. to allow these 
fisheries to attain a higher proportion of their sablefish allocations, 
while keeping total projected catch below the 2010 sablefish OY for the 
area north of 36[deg] N. lat.
    Projected impacts to overfished species in the limited entry fixed 
gear and open access fisheries are calculated assuming the entire 
sablefish OY is harvested. Therefore, increases to trip limits to allow 
additional fishing opportunities do not result in changes to projected 
impacts to co-occurring overfished groundfish species. 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 a modest increase in the limited entry fixed 
gear sablefish DTL fishery weekly limits north of 36[deg] N. lat. from 
``1,750 lb per week, not to exceed 8,000 lb per two months'' to ``2,000 
lb per week, not to exceed 8,000 lb per two months'' beginning on 
December 1, 2010 through the end of the year.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing increases to the open access sablefish DTL 
fishery trip limits north of 36[deg] N. lat. from ``300 lb per day, or 
1 landing per week of up to 950 lb, not to exceed 2,750 lb per two 
months'' to ``400 lb per day, or 1 landing per week of up to 1,500 lb, 
not to exceed 4,500 lb per two months'' beginning on December 1, 2010 
through the end of the year.

Sablefish DTL Fishery South of 36[deg] N. Lat.

    Catch of sablefish in the limited entry fixed gear and open access 
DTL fisheries south of 36[deg] N. lat. has been higher than 
anticipated. In September, the Council recommended and NMFS implemented 
modest decreases to sablefish weekly limits in the limited entry fixed 
gear fishery, and more substantial decreases to the open access 
sablefish trip limits. The changes that went into effect on October 1, 
2010 were anticipated to lower the projected impacts by approximately 
45 percent and keep projected impacts within the sablefish OY south of 
36[deg] N. lat. Based on the most recent fishery information, if no 
additional action is taken and catch remains higher than expected, 
landings of sablefish through the end of the year would be 1,319 mt. 
This level of catch would exceed the 2010 sablefish OY for the area 
south of 36[deg] N. lat. of 1,258 mt by approximately 5 percent. The 
Council considered several combinations of trip limit reductions in the 
limited entry fixed gear and open access sablefish DTL fisheries south 
of 36[deg] N. lat. to allow some fishing opportunities to remain open 
in December 2010, while preventing the 2010 sablefish OY for the area 
south of 36[deg] N. lat. from being exceeded. Options were somewhat 
more limited than in September 2010, because only a single month of 
fishing can be restricted in this late-season inseason action.
    Sablefish landings from July through October 2010 indicate that 
sablefish catch were higher in these fisheries during July 2010 than 
estimated in September 2010. The Council considered several options for 
reducing the sablefish catch late in the season. The Council considered 
closing both the limited entry and open access fisheries for sablefish 
beginning on December 1, 2010 through the end of the year. However, the 
higher than anticipated catch of sablefish is primarily due to 
increased effort in the open access fishery. Because the participation 
in the open access fishery is not limited, it is more difficult to 
project and to control the harvest in that fishery. Therefore, the 
Council considered larger restrictions in the open access sablefish DTL 
fishery, including complete closure. Modest decreases were necessary 
for the limited entry fixed gear fishery to further reduce projected 
impacts and to prevent the 2010 sablefish OY from being exceeded. With 
the closure of the open access sablefish fishery and the limited entry 
fixed gear

[[Page 75420]]

fishery trip limit reductions, projected impacts are not anticipated to 
exceed 2010 sablefish OY for the area south of 36[deg] N. lat. of 1,258 
mt.
    West Coast Groundfish Observer data indicate that impacts to 
overfished species in the commercial fixed gear sablefish fisheries 
south of 36[deg] N. lat. are extremely low. Therefore, decreases to 
trip limits to prevent exceeding the 2010 sablefish OY 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 decrease in the limited entry fixed gear 
sablefish DTL fishery cumulative limits south of 36[deg] N. lat. from 
``2,800 lb per week'' to ``1,800 lb per week'' beginning on December 1, 
2010 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[deg] N. lat. from ``800 lb per week, 
not to exceed 1,600 lb per month'' to ``CLOSED'' beginning on December 
1, 2010 through the end of the year.

Tribal Fishery Management Measures

    The Council considered a request from the Makah Tribe, a Washington 
State coastal treaty tribe, to increase the amount of yellowtail 
rockfish that would be available in the tribal fisheries for 2010. The 
Makah Tribe would like to test the use of electric jig machines in the 
midwater fishery to see if overfished species are encountered in an 
area before they set the midwater trawl net. These activities are 
anticipated to reduce bycatch rate of co-occurring overfished species, 
primarily widow rockfish and canary rockfish, in the midwater trawl 
fishery. Bycatch of widow rockfish has been higher than anticipated in 
the tribal midwater trawl fishery in 2010, and the Makah Tribe 
anticipates that, if testing is successful, the use of electric jigs 
could lower bycatch rates and increase access to yellowtail rockfish in 
the future. The Makah Tribe requested an additional 187 mt of 
yellowtail rockfish, from 490 mt to 677 mt, to allow the testing of the 
jig gear that may reduce bycatch of co-occurring overfished rockfish. 
In order to do the initial testing of the jig gear, some additional 
catch of widow rockfish and canary rockfish is anticipated. However, 
total impacts, when combined with those in other fisheries, are not 
anticipated to exceed the 2010 rebuilding OYs for these species.
    Yellowtail rockfish north of 40[deg]30' N. lat. was assessed in 
2005 and is a healthy stock. Yellowtail rockfish are underutilized 
because of fishing restrictions to protect co-occurring overfished 
species. The most recent fishery information indicates that less than 
19 percent of the 2010 yellowtail OY in this area has been caught.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing an increase in the yellowtail rockfish catch 
limit for the Makah Tribe's midwater trawl fishery.

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 660.370(c) 
and are exempt from review under Executive Order 12866.
    These inseason adjustments are taken under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and are in accordance with 50 CFR part 660, 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 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 December 
1, 2010 or as quickly as possible. 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 commercial tribal fisheries off 
Washington.
    Because the new fishery information and analyses were available so 
late in the year, the options for restrictions to fishery management 
measures that would reduce darkblotched rockfish impacts are limited. 
However, the restrictions proposed for the last 4-5 weeks of the year 
in the limited entry non-whiting trawl fishery and the limited entry 
primary whiting fishery are anticipated to reduce the projected total 
impacts to darkblotched rockfish by approximately 46 mt. The 
adjustments to management measures in the limited entry trawl fishery 
north of 40[deg]10' N. lat. and to the primary whiting fishery must be 
implemented as soon as possible to limit the fishery during 2010 in 
order to reduce projected impacts to darkblotched rockfish to keep the 
total mortality very near, and probably below, the 2010 darkblotched 
rockfish OY. Reductions to cumulative limits in the limited entry fixed 
gear fishery and closure of the open access sablefish DTL fishery are 
needed to prevent the 2010 sablefish OY in the area south of 36[deg] N. 
lat. from being exceeded. These changes must be implemented in a timely 
manner by December 1, 2010. Failure to implement trip limit 
restrictions by December 1, 2010 would risk continued higher than 
anticipated catch of sablefish and the fishery could exceed the 2010 
sablefish OY in the area south of 36[deg] N. lat. These revisions are 
needed to keep the harvest of groundfish species within the harvest 
levels established for 2010, while allowing fishermen access to healthy 
stocks. Without these measures in place, the fisheries could risk 
exceeding some 2010 OYs if catch continues to be higher than 
anticipated. 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.
    The increases to cumulative limits in the limited entry fixed gear 
and open access sablefish DTL fishery north of 36[deg] N. lat. allow 
fishermen an opportunity to achieve the allocations and 2010 OY for 
sablefish in that area. Changes to management measures in the Makah

[[Page 75421]]

tribal midwater trawl fishery allow fishermen additional harvest 
opportunities for yellowtail rockfish, a healthy and underutilized 
stock. This also allows for testing of a fishing technique that could 
reduce bycatch rates as explained above. Increases are necessary to 
relieve a restriction by allowing fishermen increased opportunities to 
harvest sablefish north of 36[deg] N. lat. and yellowtail rockfish, 
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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: November 30, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

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

0
2. In Sec.  660.50 to subpart C, paragraph (g)(5) is revised to read as 
follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (g) * * *
    (5) Yellowtail and widow rockfish. The Makah Tribe will manage the 
midwater trawl fisheries as follows: Yellowtail rockfish taken in the 
directed tribal mid-water trawl fisheries are subject to a catch limit 
of 677 mt for the entire fleet. Landings of widow rockfish must not 
exceed 10 percent of the weight of yellowtail rockfish landed, for a 
given vessel, throughout the year. These limits may be adjusted by the 
tribe inseason to minimize the incidental catch of canary rockfish and 
widow rockfish, provided the catch of yellowtail rockfish does not 
exceed 677 mt for the fleet.
* * * * *

0
3. In Sec.  660.131 to subpart D, paragraph (b)(5)(i) is revised to 
read as follows:


Sec.  660.131  Pacific whiting fishery management measures.

* * * * *
    (b) * * *
    (5) * * *
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec.  660.55(i)(2), subpart C. The sector specific bycatch limits are: 
For catcher/processors 4.8 mt of canary rockfish, 95 mt of widow 
rockfish, and 5.5 mt of darkblotched rockfish; for motherships 3.3 mt 
of canary rockfish, 67 mt of widow rockfish, and 5.5 mt of darkblotched 
rockfish; and for shorebased 5.9 mt of canary rockfish, 117 mt of widow 
rockfish, and 5.0 mt of darkblotched rockfish.
* * * * *

0
4. Table 1 (North) to part 660, subpart D, is revised to read as 
follows:
BILLING CODE 3510-22-P

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0
5. Table 2 (North) and Table 2 (South) to part 660, subpart E, are 
revised to read as follows:

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0
6. Table 3 (North) and Table 3 (South) to part 660, subpart F, are 
revised to read as follows:
BILLING CODE 3510-22-P

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[FR Doc. 2010-30390 Filed 11-30-10; 4:15 pm]
BILLING CODE 3510-22-C


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