8820 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

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. 

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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Gretchen 

Arentzen 

• 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 

gretchen.arentzen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s 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 ‘‘twomonth cumulative limit period’’. There 

are six two-month cumulative limit 

periods during the year: JanuaryFebruary, 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 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 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 bimonthly 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 nonwhiting 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 rampup 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 cooccurring 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°10′ N. lat. The 


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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°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°10′ N. lat. and 38° 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°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°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°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°10′ N. lat. and 

with all trawl gears south of 40°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°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°10′ N. lat. and 

with all trawl gears south of 40°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°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°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°10′ N. 

lat. and 38° 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°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° N. lat. and 

40°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°16.00′ 

N. lat.). The 2010 black rockfish OY for 

the area south of 46°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° N. 

lat. and 40°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° N. lat. and 40°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 


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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 restructured 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° N. lat. and 40°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° 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° 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 rampup 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 cooccurring 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° 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°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°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°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 twomonth 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 restructured 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 twomonth 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 


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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 MagnusonStevens 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. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

is amended to read as follows: 

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

U.S.C. 773 et seq. 

■ 2. Section 660.321 is revised to read 

as follows: 

§ 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°09.50′ N. lat) 

and 10,000 lb (4,536 kg) for the area 

between Destruction Island, WA (47°40′ 

N. lat.) and Leadbetter Point, WA 

(46°38.17′ N. lat.). This harvest 

guideline applies and is available to the 


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treaty Indian tribes identified in 

§ 660.324(b). 

■ 3. In § 660.384 paragraph (c)(1)(i)(D) 

(2), is revised to read as follows: 

§ 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°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 § 660.391. 

* * * * * 

■ 4. In § 660.385 paragraphs (b)(1) and 

(b)(5) are revised to read as follows: 

§ 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°10′ N. lat.) and 10,000 lb 

(4,536 kg) between Destruction Island, 

WA (47°40′ N. lat.) and Leadbetter 

Point, WA (46°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. 

* * * * * 

■ 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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* * * * * cc/New assessments were prepared for 

black rockfish south of 45°56.00 N. lat. (Cape 

Falcon, Oregon) and for black rockfish north 

of Cape Falcon. The ABC for the area north 

of 46°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°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°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°09.50′ N. lat.) and 10,000 lb (4.5 mt) 

between Destruction Island, WA (47°40′ N. 

lat.) and Leadbetter Point, WA (46°38.17′ N. 

lat.) For the area south of 46°16′ N. lat., the 

OY of 1,000 mt is a constant harvest level. 

The black rockfish OY in the area south of 

46°16′ N. lat., is subdivided with separate 

HGs being set for the area north of 42° N. lat. 

(580 mt/58 percent) and for the area south of 

42° N. lat. (420 mt/42 percent). 

* * * * * 

■ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XU63 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

Component in the Central Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the offshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allocation of the 2010 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the offshore component of 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 24, 2010, through 

1200 hrs, A.l.t., September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The A season allocation of the 2010 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the offshore component of 

the Central Regulatory Area of the GOA 

is 2,207 metric tons (mt) as established 

by the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2010) and 

inseason adjustment (74 FR 68713, 

December 29, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allocation 

of the 2010 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,007 mt and is setting 

aside the remaining 200 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 


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