[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Pages 8820-8839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3892]



[[Page 8820]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0809121213-9221-02]
RIN 0648-AY40


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

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.

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SUMMARY: This final rule announces inseason changes to management 
measures in the commercial, recreational and tribal Pacific Coast 
groundfish fisheries. 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) February 26, 2010. Comments on 
this final rule must be received no later than 5 p.m., local time on 
March 29, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-AY40 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 Arentzen
    <bullet> Mail: Barry Thom, Acting Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Gretchen Arentzen.
    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 (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 Arentzen (Northwest Region, 
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail 
<a href="/cdn-cgi/l/email-protection#6700150213040f02094906150209131d0209270908060649000811"><span class="__cf_email__" data-cfemail="f493869180979c919ada9586919a808e919ab49a9b9595da939b82">[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 website at http://www.pcouncil.org/.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at title 50 in the Code of Federal Regulations (CFR), part 660, subpart 
G, regulate fishing for over 90 species of groundfish off the coasts of 
Washington, Oregon, and California. Groundfish specifications and 
management measures are developed by the Pacific Fishery Management 
Council (Council), and are implemented by NMFS. A proposed rule to 
implement the 2009-2010 groundfish harvest specifications and 
management measures published on December 31, 2008, (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), and October 28, 2009 (74 FR 55468). 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). These specifications and management measures 
are codified in the CFR (50 CFR part 660, subpart G).
    Changes to the biennial 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 October 31 through November 5, 2009, 
meeting in Costa Mesa, California. The Council recommended adjusting 
the biennial groundfish management measures for the remainder of the 
biennial period to respond to updated fishery information and other 
inseason management needs. These changes include: Adjustments to 
cumulative limits in commercial fisheries off Washington, Oregon, and 
California; adjustments to lingcod retention in the Washington 
recreational fishery on days when the primary halibut fishery is open; 
and revisions to tribal management measures for black rockfish and 
widow rockfish. Increases to cumulative limits may be implemented at 
any time during a ``two-month cumulative limit period''. There are six 
two-month cumulative limit periods during the year: January-February, 
March-April, etc. Prior to the effective date of this rule (see the 
DATES section above), landings must not exceed the applicable 
cumulative limits as described in the Code of Federal Regulations. The 
additional fish that become available under the new, higher limits for 
January and February may be harvested by the fishery after the 
effective date that is listed in the DATES section above. Total 
landings for January and February (the current cumulative limit period) 
may not exceed the new, higher cumulative limit.
    The projected impacts to three of the seven overfished species 
(widow and darkblotched rockfishes and Pacific Ocean perch) will 
increase slightly with the adjustments to the cumulative limits in the 
limited entry non-whiting trawl fishery. These impacts, however, when 
combined with the impacts from all other fisheries, are not projected 
to exceed the 2010 rebuilding OYs for these species. The other 
adjustments to fishery management measures are not expected to result 
in greater impacts to overfished species than originally projected 
through the end of 2010. Estimated mortality of overfished and target 
species are the result of management measures designed to meet the 
Pacific Coast Groundfish 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.

Review of 2009 Fisheries and Setting Management Measures for the 
Remainder of the Biennium

    At its November 2009 meeting, the Council reviewed the 2009 
commercial groundfish fisheries by considering: (1) The fishery 
management measures initially set for 2009, (2) modifications to 
management measures that were needed inseason in 2009 as new data 
became available throughout the season, and (3) retrospective total 
catch pattern data from the 2009 year-to-date. Two noticeable features 
of the 2009 fishing

[[Page 8821]]

season were that the Council had to: recommend adjustments to limited 
entry non-whiting trawl fishery management measures to reduce the 
harvest of petrale sole to facilitate rebuilding; and, on several 
occasions, recommend inseason adjustments to commercial fisheries to 
liberalize trip limits in order to allow total catch of some target 
species to approach, but not exceed, their 2009 allowable harvest 
levels. This practice is in keeping with the Council's rebuilding goals 
for overfished species, but is challenging for an industry trying to 
predict whether and how much fish will be available for harvest in the 
next month (or bi-monthly period) of the year. The Council's goal in 
scrutinizing the 2009 groundfish fisheries was to develop a set of 
management measures for the remainder of the biennial period that would 
take into account new knowledge gained in 2009 to better structure the 
fisheries in 2010. The improved structure of the initial 2010 
management measures was designed to continue to keep total catch of 
managed species within their optimum yield levels, yet be conservative 
enough to reduce the need for inseason restrictions, and liberal enough 
to allow the catch of target species to approach, but not exceed, their 
2010 OYs. The purpose of revising the 2010 management measures was to 
reduce the frequency with which management measure adjustments would be 
needed inseason during the remainder of 2010; and to allow the industry 
to plan for their 2010 fishing season(s). These revisions also ensure 
that management measures in place for the remainder of the biennial 
period reflect the best available science and are appropriately 
designed to constrain total catch during the year for all species.

Limited Entry Non-Whiting Trawl Fishery Management Measures

    Based on the Council's goals in reviewing 2009 fishery data, as 
described above, the Council's Groundfish Management Team (GMT) 
reviewed the adjustments to fishery management measures in the limited 
entry non-whiting trawl fishery during the 2009-2010 biennium. Two 
major factors were considered during development of changes to limited 
entry non-whiting trawl fishery management measures for the remainder 
of the biennium: The severe restrictions put in place to reduce catches 
of petrale sole in both 2009 and 2010; and routine adjustments to 2009 
fishery management measures that were necessary during the first ten 
months of the biennium.
    The most prominent feature of changes to the 2009-2010 trawl 
fishery were the more restrictive management measures for petrale sole, 
put in place for the end of 2009 and for all of 2010, to facilitate 
rebuilding of petrale sole. These changes are anticipated to indirectly 
affect the harvest of incidentally caught overfished species that co-
occur with petrale sole. By reducing catches of petrale sole, projected 
impacts to Pacific Ocean perch (POP), darkblotched rockfish, and widow 
rockfish are also reduced. The GMT explored potential options for 
modest increases to trip limits for target species due to the 
availability of incidentally caught overfished species. Where possible, 
modest increases to target species trip limits were developed in an 
attempt to off-set some of the loss of petrale sole fishing 
opportunities. Projected impacts to POP, darkblotched and widow 
rockfish are slightly increased by providing additional target species 
opportunities. However the new projected impacts to these overfished 
species are approximately equivalent to what they were projected to be 
prior to the severe restrictions placed on petrale sole harvest 
opportunities.
    The second major factor that was considered during development of 
changes to the limited entry non-whiting trawl fishery management 
measures for the remainder of the biennium was performance of the 2009 
fishery. Performance of the 2009 fishery includes both the scope and 
magnitude of routine adjustments to 2009 fishery management measures 
that were necessary during 2009, and the most recent fishery 
information through October 30, 2009. Review of changes to trip limits 
implemented for target species during 2009 identified that, aside from 
petrale sole, sablefish was the primary species that needed adjustments 
to trip limits and closed areas in order to achieve, but not exceed, 
the 2009 harvest specification. During 2009, inseason adjustments were 
also made to arrowtooth flounder trip limits to modestly raise trip 
limits and reduce regulatory discarding that was reported by industry 
representatives during the summer fishery. Additionally, chilipepper 
rockfish trip limits were raised considerably during 2009 to allow 
additional targeting opportunities. At their November 2009 meeting, the 
Council also received the most recent Pacific Fishery Information 
Network's (PacFIN) and Quota Species Monitoring (QSM) data, which 
estimated catch through the end of October. The Council considered trip 
limit adjustments based on the performance of the fishery during the 
first 10 months of the biennial period (January-October 2009).
    The most recently available fishery information indicates that, 
with the inseason adjustments to increase trip limits and modify the 
trawl RCA that occurred in 2009, catches of sablefish through the end 
of 2009 are projected to come in just below the allocation (3,270 mt of 
the 3,280 mt sablefish allocation). The Council considered adjustments 
to sablefish cumulative limits for the remainder of the biennium that 
would re-distribute the projected catch more equitably throughout the 
calendar year, while still maintaining modest increases to approach, 
but not exceed, the 2010 sablefish allocation. To do this, the Council 
chose to raise cumulative limits in January-April, 2010, and lower 
cumulative limits at the end of the year, which were the limits that 
were raised via inseason action during 2009. The overall effect of 
these cumulative limit adjustments is to have a more constant 
cumulative limit throughout the year, rather than cumulative limits 
that ramp-up toward the end of the year. With this adjustment, catches 
of sablefish for 2010 are projected to come in just below the 
allocation (3,182 mt of the 3,280 mt sablefish allocation).
    During 2009, the Council recommended and NMFS implemented an 
increase in the arrowtooth flounder trip limits, for vessels using 
large and small footrope gear, at the end of 2009 (from 150,000 lb 
(68,039 kg) per 2 months to 180,000 lb (81,647 kg) per 2 months in 
Periods 5 and 6) to reduce regulatory discards that were being reported 
by the industry. The Council considered options for arrowtooth flounder 
trip limits in the limited entry non-whiting trawl fishery for 2010. 
The Council recommended the 150,000 lb (68,039 kg) per 2 months trip 
limit, the same limit that was established for the 2009-2010 biennium 
during the harvest specifications and management measures process, 
remain in place for all of 2010, for vessels using large and small 
footrope trawl gear. These slightly lower limits are intended to 
slightly reduce projected impacts to co-occurring overfished species 
(POP and darkblotched rockfish). The Council may consider inseason 
adjustments to this trip limit during 2010 based on the most up to date 
fishery information, including industry reports of regulatory discard.
    Based on analysis provided by the GMT at their June 2009 meeting, 
the Council recommended increasing the chilipepper rockfish cumulative 
limit for the limited entry non-whiting trawl fishery south of 
40[deg]10' N. lat. The

[[Page 8822]]

analysis presented in June 2009 was requested by industry 
representatives, who reported an increasing incidental encounter rate 
and high discards of chilipepper rockfish under the lower 5,000 lb 
(2,268 kg) per 2 months cumulative limit. West Coast Groundfish 
Observer Program (WCGOP) data confirmed that discards of chilipepper 
rockfish in this fishery were high. Results of the June 2009 analysis 
indicated that a 12,000 lb (5,443 kg) 2 month cumulative limit could 
reduce regulatory discards, while balancing the risk of inducing effort 
shifts to convert the trip limit from an incidental landing allowance 
to a cumulative limit that would be targeted by fishermen. The GMT 
presented analysis in June 2009 that indicated that, even if some 
change in fishing behavior were to occur, there was little risk of 
additional impacts to any overfished species (cowcod and bocaccio in 
particular) due to a decrease in trawl effort in areas where bycatch of 
cowcod and bocaccio have been observed. For the same reasons that the 
chilipepper rockfish trip limit was increased in June 2009, the Council 
recommended continuing the higher, 12,000 lb (5,443 kg) per 2 months, 
cumulative limit for chilipepper rockfish for all of 2010.
    The Council recommended a suite of changes to trip limits in the 
non-whiting trawl fishery for the remainder of the biennium in response 
to the two major factors outlined above: The severe restrictions put in 
place to reduce catches of petrale sole in both 2009 and 2010; and 
routine adjustments to 2009 fishery management measures during the 
first ten months of the biennium.
    Based on the considerations outlined above, the Council recommended 
and NMFS is implementing the following changes to cumulative limits in 
the limited entry non-whiting trawl fishery for 2010: increase slope 
rockfish limits north of 40[deg]10' N. lat. from ``1,500 lb (680 kg) 
per 2 months'' to ``6,000 lb (2,722 kg) per 2 months'', all year, 
beginning on February 26, 2010; increase the slope rockfish limits 
between 40[deg]10' N. lat. and 38[deg] N. lat. from ``10,000 lb (4,536 
kg) per 2 months'' to ``15,000 lb (6,804 kg) per 2 months'' in July-
August and decrease from ``18,000 lb (8,165 kg) per 2 months'' to 
``15,000 lb (6,804 kg) per 2 months'' in November-December; modify 
sablefish cumulative limits caught with large and small footrope trawl 
gears north of 40[deg]10' N. lat. to ``20,000 lb (9,072 kg) per 2 
months'' in January-April, ``24,000 lb (10,886 kg) per 2 months'' in 
May-October, and ``20,000 lb (9,072 kg) per 2 months'' in November-
December, beginning on February 26, 2010; modify sablefish limits 
caught with selective flatfish trawl gear and multiple trawl gears 
north of 40[deg]10' N. lat. to ``9,000 lb (4,082 kg) per 2 months'' all 
year, beginning February 26, 2010; modify sablefish limits south of 
40[deg]10' N. lat. to ``22,000 lb (9,979 kg) per 2 months'' all year, 
beginning on February 26, 2010; increase longspine thornyhead limits 
taken with large and small footrope trawl gears north of 40[deg]10' N. 
lat. and with all trawl gears south of 40[deg]10' N. lat. from ``22,000 
lb (9,979 kg) per 2 months'' to ``24,000 lb (10,886 kg) per 2 months'' 
all year, beginning on February 26, 2010; increase longspine thornyhead 
limits taken with selective flatfish trawl gear and multiple trawl 
gears north of 40[deg]10' N. lat. from ``3,000 lb (1,361 kg) per 2 
months'' to ``5,000 lb (2,268 kg) per 2 months'' for January-February 
and November-December (Periods 1 and 6), beginning on February 26, 
2010; increase shortspine thornyhead limits taken with large and small 
footrope trawl gears North of 40[deg]10' N. lat. and with all trawl 
gears south of 40[deg]10' N. lat. from ``17,000 lb (7,711 kg) per 2 
months'' to ``18,000 lb (8,165 kg) per 2 months'' all year, beginning 
on February 26, 2010; increase shortspine thornyhead limits taken with 
selective flatfish trawl gear and multiple trawl gears north of 
40[deg]10' N. lat. from ``3,000 lb (1,361 kg) per 2 months'' to ``5,000 
lb (2,268 kg) per 2 months'' all year, beginning on February 26, 2010; 
increase Dover sole limits taken with selective flatfish trawl gear and 
multiple trawl gears north of 40[deg]10' N. lat. from 40,000 lb/2 
months for January-February and November-December (Periods 1 and 6) and 
from 45,000 lb/2 months in March-October (Periods 2-5) to ``65,000 lb/2 
months'' all year, beginning on February 26, 2010; decrease ``other 
flatfish'' limits taken with selective flatfish trawl gear and multiple 
trawl gears, from ``90,000 lb/2 months'' to ``60,000 lb/2 months'' all 
year, beginning on March 1, 2010; decrease arrowtooth flounder limits 
taken with large and small footrope trawl gears from ``180,000 lb 
(81,647 kg) 2 months'' to ``150,000 lb (68,039 kg) per 2 months'' in 
September-December; increase splitnose rockfish limits taken with all 
trawl gears between 40[deg]10' N. lat. and 38[deg] N. lat. from 
``10,000 lb (4,536 kg) per 2 months'' to ``15,000 lb (6,804 kg) per 2 
months'' in July-October; and increase chilipepper rockfish limits 
south of 40[deg]10' N. lat. taken with all trawl gears from ``5,000 lb 
(2,268 kg) per 2 months'' to ``12,000 lb/2 months'' from January-June, 
beginning on February 26, 2010.

Limited Entry Fixed Gear and Open Access Fishery Management Measures

    Based on the Council's goals in reviewing 2009 fishery data, as 
described above, the Council's GMT reviewed the adjustments to fishery 
management measures in the limited entry fixed gear and open access 
fisheries during the first ten months of the 2009-2010 biennium. The 
major factor considered during development of changes to limited entry 
fixed gear and open access fisheries' management measures for the 
remainder of the biennium were the routine adjustments to 2009 fishery 
management measures that were necessary during the first ten months of 
the biennium.
Minor Nearshore and Black Rockfish Trip Limits Between 42[deg] N. lat. 
and 40[deg]10.00' N. lat.
    Black rockfish is a nearshore rockfish species that was assessed in 
2007 as two separate stocks, and therefore the harvest specifications 
are divided at the Washington/Oregon border (46[deg]16.00' N. lat.). 
The 2010 black rockfish OY for the area south of 46[deg]16.00' N. lat. 
is 1,000 mt. Oregon and California work cooperatively to manage their 
nearshore fisheries (both commercial and recreational) to approach but 
not exceed the black rockfish OY in this area. The 2010 black rockfish 
commercial allocation for California is 185 mt. At their June 2009 
meeting, the Council recommended an increase in the minor nearshore and 
black rockfish trip limit, as catches were projected to be well below 
the 2009 allocation (74 mt of a 185 mt allocation) if no action were 
taken. This trip limit increase was only considered for the area 
between 42[deg] N. lat. and 40[deg]10.00' N. lat., where the lower trip 
limits were being attained. At their June 2009 meeting, the Council 
also considered the potential for increased impacts to blue rockfish if 
the trip limit were increased while leaving the minor nearshore 
rockfish and black rockfish trip limit structure as ``no more than 
1,200 lb (544 kg) may be species other than black or blue rockfish''. 
So, on July 6, 2009 (74 FR 31974) NMFS implemented the Council 
recommendations to raise the trip limit for minor nearshore and black 
rockfish, while decreasing the blue rockfish trip limit by changing the 
trip limit structure. The limit for the limited entry fixed gear and 
open access fisheries between 42[deg] N. lat. and 40[deg]10.00' N. lat. 
was raised and restructured from ``6,000 lb (2,722 kg) per two months, 
no more than 1,200 lb (544 kg) of which may be species other than black 
or blue rockfish'' to ``7,000 lb (3,175 kg) per two

[[Page 8823]]

months, no more than 1,200 lb (544 kg) of which may be species other 
than black rockfish'' in July-December (Periods 3-6) of 2009.
    At their November 2009 meeting, the Council considered the most 
recent limited entry fixed gear and open access nearshore fishery 
information, and recommended that the increased and re-structured limit 
that was implemented inseason during 2009 remain in place for the 2010 
fishery. Therefore, the Council recommended and NMFS is implementing an 
increase to the minor nearshore rockfish trip limit, and a decrease in 
the blue rockfish sub-limit, between 42[deg] N. lat. and 40[deg]10' N. 
lat. from ``6,000 lb (2,722 kg) per two months, no more than 1,200 lb 
(544 kg) of which may be species other than black or blue rockfish'' to 
``7,000 lb (3,175 kg) per two months, no more than 1,200 lb (544 kg) of 
which may be species other than black rockfish.'' Because the re-
structuring of this trip limit restricts the catch of blue rockfish, it 
cannot be implemented during the middle of a cumulative limit period. 
Therefore, it will go into effect beginning March 1, 2010 through the 
end of the year. Limited Entry Fixed Gear Sablefish Daily Trip Limit 
Fishery North of 36[deg] N. lat.
    Over the past several years, the amount of sablefish harvested in 
the limited entry fixed gear sablefish daily trip limit (DTL) fishery 
north of 36[deg] N. lat. has been lower than their sablefish 
allocation. The Council recommended and NMFS implemented a 
precautionary adjustment that moderately raised the daily, weekly and 
bi-monthly trip limits for sablefish in this fishery on May 1, 2009 (74 
FR 19011). At their June 2009 meeting the Council recommended and NMFS 
implemented a second precautionary adjustment that modestly increased 
the bi-monthly limit for July-October (July 6, 2009, 74 FR 31874). At 
their September 2009 meeting the Council recommended and NMFS 
implemented a third adjustment to remove the daily limit and increase 
the weekly and bimonthly limits from October-December (October 28, 
2009, 74 FR 55468). With the numerous adjustments to increase limits 
for sablefish in this fishery, the projected impacts through the end of 
2009 are 199 mt out of a 351 mt allocation.
    At their November 2009 meeting, the Council considered the scope 
and magnitude of routine adjustments to 2009 fishery management 
measures. The Council also received the most recent PacFIN and QSM 
data, which estimated catch through the end of October, and considered 
trip limit adjustments based on the performance of the fishery during 
the first 10 months of the biennial period (January-October 2009).
    Review of changes to trip limits implemented for sablefish during 
2009 and analysis of the effects that changes to sablefish trip limits 
in this fishery had on sablefish landings found that maintaining the 
higher bi-monthly limit that was in place during the end of 2009 could 
be considered for all of 2010, without exceeding the 2010 sablefish 
allocation of 321 mt. As described above, the catch limits for 
sablefish in this fishery were gradually increased throughout 2009. The 
Council considered adjustments to sablefish cumulative limits for the 
remainder of the biennium that would re-distribute the projected catch 
more equitably throughout the calendar year, while still maintaining 
increases to approach, but not exceed, the 2010 sablefish allocation. 
To do this, the Council chose to eliminate the daily limit and raise 
the weekly and bi-monthly limits in January-August, and lower the 
weekly cumulative limit at the end of the year (September-December). 
The overall effect of these cumulative limit adjustments is to have a 
more constant cumulative limit throughout the year, rather than 
cumulative limits that ramp-up toward the end of the year. With this 
adjustment, catches of sablefish for 2010 are projected to be 201 mt 
(63 percent of the 321 mt sablefish allocation).
    This increase in sablefish trip limits is not anticipated to 
increase projected impacts to overfished species, because projected 
impacts to overfished species are calculated assuming that the entire 
sablefish allocation is harvested. Increases in projected impacts to 
co-occurring target species are not anticipated to exceed OYs.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the limited entry fixed gear fishery north of 36[deg] 
N. lat. that increase sablefish DTL fishery limits to ``1,750 lb (794 
kg) per week, not to exceed 7,000 lb (3,175 kg) per 2 months'' 
beginning on February 26, 2010 through the end of the year.

Tribal Fishery Management Measures

    At their November 2009 meeting, the Council received a request from 
the Makah Indian Tribe to increase their 2010 black rockfish harvest 
guideline and to re-structure their widow rockfish landing limit for 
their midwater trawl fishery for 2010.
    The Makah Indian Tribe requested an increase in the 2010 tribal 
black rockfish harvest guideline for the area north of Cape Alava, 
Washington (48[deg]10' N. lat.) from 20,000 lbs (9.1-mt) to 30,000 lbs 
(13.6-mt) to allow a small amount of targeting opportunity to occur on 
black rockfish in a live-fish fishery. With the higher tribal harvest 
guideline north of Cape Alava, and the projected catches of black 
rockfish from all other fisheries North of 46[deg]16' N. lat., the 
total catch of black rockfish is not projected to exceed the 2010 
northern black rockfish OY of 490 mt.
    Therefore, the Council recommended and NMFS is implementing an 
increase in the black rockfish tribal harvest guideline for the area 
north of Cape Alava, Washington (48[deg]10' N. lat.) from 20,000 lbs 
(9.1-mt) to 30,000 lbs (13.6-mt).
    The Makah Indian Tribe also requested that the widow rockfish 
landing limit in the midwater trawl fishery be re-structured in 2010 to 
allow greater flexibility in management and to reduce discarding of 
widow rockfish, while maintaining the overall catch below their annual 
widow rockfish limit. The current limit structure states that 
``landings of widow rockfish must not exceed 10 percent of the weight 
of yellowtail rockfish landed in a two-month period.'' The Makah Indian 
Tribe is proposing to re-structure the limit so that the total landings 
of widow rockfish would not exceed 10 percent of the weight of 
yellowtail rockfish landed by a given vessel for the entire year, e.g. 
if a vessel landed 100,000 lbs of yellowtail rockfish for the season, 
that same vessel is only allowed to have landed a total of 10,000 lbs 
of widow rockfish at that time. The Makah Tribe will maintain a total 
catch of each species, for each vessel, throughout the year to ensure 
that the catch ratio of widow rockfish to yellowtail rockfish is not 
exceeded during 2010.
    Therefore, the Council recommended and NMFS is implementing a re-
structured cumulative limit ratio for widow rockfish in the tribal 
midwater trawl fishery as follows: From ``* * * not exceed 10 percent 
of the weight of yellowtail rockfish landed in any two-month period.'' 
to ``* * * not exceed 10 percent of the cumulative weight of yellowtail 
rockfish landed, for a given vessel, throughout the year.'' Washington 
Recreational Fisheries Management Measures
    The Council recommended a change in Washington recreational fishery 
management measures in the area between the Queets River and Leadbetter 
Point to allow lingcod retention seaward of the boundary line 
approximating the 30-fm (55-m) depth contour on days that the primary 
halibut season is open. Under current regulations, most recreational 
groundfish fishing, including fishing for

[[Page 8824]]

lingcod, is prohibited, for part of the year, seaward of the line 
approximating the 30 fm depth contour to reduce incidental impacts to 
yelloweye rockfish. Therefore, anglers targeting halibut there are 
forced to discard lingcod, but once their halibut is caught, these 
anglers move shoreward of the boundary line approximating the 30-fm 
(55-m) depth contour and begin targeting lingcod. This shoreward shift 
of effort on lingcod results in more fishing effort than would occur if 
the lingcod caught incidentally offshore while targeting halibut were 
allowed to be retained. The additional effort targeting lingcod 
shoreward could negate some of the potential yelloweye rockfish catch 
reductions from the RCA if yelloweye are encountered. The State of 
Washington will prohibit further fishing seaward of the 30-fm line once 
a vessel reaches its limit of halibut. This regulatory change is not 
anticipated to increase impacts to yelloweye rockfish, and the 
Washington Department of Fish and Wildlife and NMFS will continue to 
monitor impacts to yelloweye rockfish to ensure the harvest guideline 
is not exceeded.

Classification

    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) 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 October 31 through November 5, 2009, meeting in 
Costa Mesa, California. The Council recommended that these changes be 
implemented on or as close as possible to January 1, 2010. 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 and tribal fisheries off Washington.
    These adjustments to management measures must be implemented in a 
timely manner to allow fishermen an opportunity to harvest higher 
limits in 2010 for slope rockfish, sablefish, longspine and shortspine 
thornyheads, Dover sole, chilipepper rockfish, slope rockfish, 
splitnose rockfish and minor nearshore and black rockfish. Increases to 
cumulative limits for: Sablefish in the limited entry trawl fishery and 
the limited entry fixed gear fishery; slope rockfish, longspine and 
shortspine thornyheads, Dover sole, splitnose rockfish and chilipepper 
rockfish in the limited entry trawl fishery; and minor nearshore and 
black rockfish in the limited entry fixed gear fishery and the open 
access fishery allow fishermen increased opportunities to harvest 
available healthy stocks while staying within the OYs for these 
species. These changes must be implemented in a timely manner, as early 
as possible in 2010, 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 delay implementation of these changes until after public 
notice and comment, because making this regulatory change in February 
2010 allows additional harvest in fisheries that are important to 
coastal communities.
    These adjustments to management measures must be implemented in a 
timely manner to prevent 2010 OYs from being exceeded or to prevent 
premature closure of the fishery. Decreases to cumulative limits for 
other flatfish and arrowtooth flounder in the limited entry trawl 
fishery and for blue rockfish in the limited entry fixed gear and open 
access fisheries are intended to prevent exceeding the 2010 OYs for 
these species and co-occurring species, and prevent premature closure 
of fisheries that impact these species. These changes must be 
implemented in a timely manner, on March 1, 2010. Cumulative limits 
cover a two-month period, so if implementation is delayed much past 
March 1 fishermen could harvest the prior higher limit before the 
revised limit is effective. Decreases to cumulative limits for other 
flatfish and arrowtooth flounder in the limited entry trawl fishery are 
intended to reduce impacts to co-occurring overfished species, and to 
reduce impacts to petrale sole, a co-occurring species for which a 
severely reduced OY was implemented for 2010 (74 FR 65480). Decreases 
to cumulative limits for blue rockfish in the limited entry fixed gear 
and open access fisheries are intended to prevent the 2010 blue 
rockfish OY from being exceeded and prevent premature closure of 
nearshore fisheries that take blue rockfish.
    Delaying these changes would keep management measures in place that 
are not based on the best available data, which could deny fishermen 
access to available harvest and could lead to early closures of the 
fishery if harvest of groundfish exceeds levels projected for 2010. 
Such delay would impair achievement of the Pacific Coast Groundfish FMP 
objective of approaching, but not exceeding, OYs.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: February 17, 2010.
Emily H. Menashes,
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 is amended to read as follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.


0
2. Section 660.321 is revised to read as follows:


Sec.  660.321  Black rockfish harvest guideline.

    From the commercial harvest of black rockfish off Washington State, 
a treaty Indian tribes' harvest guideline is set of 30,000 lb (13,608 
kg) for the area north of Cape Alava, WA (48[deg]09.50' N. lat) and 
10,000 lb (4,536 kg) for the area between Destruction Island, WA 
(47[deg]40' N. lat.) and Leadbetter Point, WA (46[deg]38.17' N. lat.). 
This harvest guideline applies and is available to the

[[Page 8825]]

treaty Indian tribes identified in Sec.  660.324(b).


0
3. In Sec.  660.384 paragraph (c)(1)(i)(D) (2), is revised to read as 
follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (D) * * *
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for groundfish is prohibited seaward of a boundary line 
approximating the 30-fm (55-m) depth contour from March 15 through June 
15, except that recreational fishing for sablefish and Pacific cod is 
permitted within the recreational RCA from May 1 through June 15, and 
on days that the primary halibut fishery is open lingcod may be taken, 
retained and possessed seaward of the boundary line approximating the 
30-fm (55-m) depth contour. Days open to Pacific halibut recreational 
fishing off Washington are announced on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. Retention of lingcod seaward of the boundary 
line approximating the 30-fm (55-m) depth contour south of 46[deg]58' 
N. lat. is prohibited on Fridays and Saturdays from July 1 through 
August 31. For additional regulations regarding the Washington 
recreational lingcod fishery, see paragraph (c)(1)(iii) of this 
section. Coordinates for the boundary line approximating the 30-fm (55-
m) depth contour are listed in Sec.  660.391.
* * * * *


0
4. In Sec.  660.385 paragraphs (b)(1) and (b)(5) are revised to read as 
follows:


Sec.  660.385  Washington coastal tribal fisheries management measures.

* * * * *
    (b) * * *
    (1) Black Rockfish. For the commercial harvest of black rockfish 
off Washington State, a harvest guideline of: 30,000 lb (13,608 kg) 
north of Cape Alava, WA (48[deg]10' N. lat.) and 10,000 lb (4,536 kg) 
between Destruction Island, WA (47[deg]40' N. lat.) and Leadbetter 
Point, WA (46[deg]38.17' N. lat.). There are no tribal harvest 
restrictions for black rockfish in the area between Cape Alava and 
Destruction Island.
* * * * *
    (5) 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 cumulative limit of 180,000 lb (81,647 
kg) per 2 month period 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 average 2-month cumulative 
yellowtail rockfish limit does not exceed 180,000 lb (81,647 kg) for 
the fleet.
* * * * *


0
5. Table 2a to Part 660, Subpart G, and footnote ``/cc'' following 
Tables 2a through 2c to Part 660, Subpart G are revised to read as 
follows:
* * * * *
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* * * * *
    <SUP>cc/</SUP> New assessments were prepared for black rockfish 
south of 45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black 
rockfish north of Cape Falcon. The ABC for the area north of 
46[deg]16' N. lat. (Washington) is 464 mt (97 percent) of the 478 mt 
ABC contribution from the northern assessment area. The ABC for the 
area south of 46[deg]16' N. lat. (Oregon and California) is 1,317 mt 
which is the sum of a contribution of 14 mt (3 percent) from the 
northern area assessment, and 1,303 mt from the southern area 
assessment. The ABCs were derived using an FMSY proxy of F50%. 
Because both portions of the stock are above 40 percent, the OYs 
could be set equal to the ABCs. For the area north of 46[deg]16' N. 
lat., the OY of 490 mt is set equal to the ABC. The following tribal 
harvest guidelines are being set: 30,000 lb (13.6 mt) north of Cape 
Alava, WA (48[deg]09.50' N. lat.) and 10,000 lb (4.5 mt) between 
Destruction Island, WA (47[deg]40' N. lat.) and Leadbetter Point, WA 
(46[deg]38.17' N. lat.) For the area south of 46[deg]16' N. lat., 
the OY of 1,000 mt is a constant harvest level. The black rockfish 
OY in the area south of 46[deg]16' N. lat., is subdivided with 
separate HGs being set for the area north of 42[deg] N. lat. (580 
mt/58 percent) and for the area south of 42[deg] N. lat. (420 mt/42 
percent).
* * * * *


0
6. Tables 3 (North), 3 (South), 4 (North), 4 (South), and 5 (North) to 
part 660, subpart G are revised to read as follows:
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[FR Doc. 2010-3892 Filed 2-25-10; 8:45 am]
BILLING CODE 3510-22-C


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