Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 58289 

BFT per vessel per day/trip. NMFS 

anticipates that with a combination of 

the default retention limit starting on 

November 1, 2006, and the large amount 

of General category quota available, 

there will be sufficient quota for the 

coastwide General category season to 

extend into the winter months and 

allow for a southern Atlantic fishery to 

take place on an order of magnitude of 

prior years with minimal risk of 

landings exceeding available quota. 

However, to reduce the risks of 

excessive landings rates throughout the 

winter, NMFS has determined it 

necessary to only extend the three BFT 

daily retention limit for the one month 

of October and will re-examine the need 

to further extend the increased bag limit 

prior to November 1 based on landings 

rates and other fishery information. In 

addition, one of the preferred 

alternatives in the final Consolidated 

Highly Migratory Species FMP (July 14, 

2006, 71 FR 40095), would formally 

allocate General category sub-quota to 

the December and January individual 

time-frames to provide for a late-season 

south Atlantic fishery. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. landings quota of BFT 

while maintaining an equitable 

distribution of fishing opportunities, to 

help achieve optimum yield in the 

General category BFT fishery, to collect 

a broad range of data for stock 

monitoring purposes, and to be 

consistent with the objectives of the 

1999 FMP. 

Monitoring and Reporting 

NMFS selected the daily retention 

limits and their duration after 

examining current and previous fishing 

year catch and effort rates, taking into 

consideration public comment on the 

annual specifications and inseason 

management measures for the General 

category received during the 2006 BFT 

quota specifications rulemaking process, 

and analyzing the available quota for the 

2006 fishing year. NMFS will continue 

to monitor the BFT fishery closely 

through dealer landing reports, the 

Automated Landings Reporting System, 

state harvest tagging programs in North 

Carolina and Maryland, and the Large 

Pelagics Survey. Depending on the level 

of fishing effort and catch rates of BFT, 

NMFS may determine that additional 

retention limit adjustments are 

necessary to ensure available quota is 

not exceeded or, to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action for the following reasons: 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT off southern New 

England fishing grounds from fishing 

reports and landings data from dealers. 

This increase in abundance provides the 

potential to increase General category 

landings rates for a late season, southern 

New England fishery if participants are 

authorized to harvest three large 

medium or giant BFT per day. Although 

landings to date have been low (i.e. less 

than one mt/day) there is the potential 

for increased availability of BFT off the 

southern New England coast during the 

Fall to allow for an increase in fishery 

landing rates. The regulations 

implementing the 1999 FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Adjustment of retention limits 

is also necessary to avoid excessive 

quota rollovers to subsequent General 

category time-period subquotas. 

Affording prior notice and opportunity 

for public comment to implement these 

retention limits is impracticable as it 

would preclude NMFS from acting 

promptly to allow harvest of BFT that 

are still available on southern New 

England fishing grounds. Analysis of 

available data shows that the General 

category BFT retention limit may be 

increased for the Atlantic tuna General 

and HMS Charter/Headboat permit 

holders with minimal risks of exceeding 

the International Commission for the 

Conservation of Atlantic Tunas 

allocated quota. 

Delays in increasing the retention 

limits would be contrary to the public 

interest. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend on 

catching the available quota within the 

time-periods designated in the 1999 

FMP, or depend on multiple BFT 

retention limits to attract individuals to 

book charters. For both the General and 

the HMS Charter/Headboat sectors, the 

retention limits must be adjusted as 

expeditiously as possible so the 

impacted sectors can benefit from the 

adjustment. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of more fish), there is also 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: September 27, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8435 Filed 9–28–06; 2:57 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6028–03; I.D. 

092106A] 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Specifications and Management 

Measures; Inseason Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason adjustments to 

groundfish management measures; 

request for comments. 

SUMMARY: NMFS announces changes to 

management measures in the 

commercial and recreational 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) 

October 1, 2006. Comments on this rule 

will be accepted through November 2, 

2006. 

ADDRESSES: You may submit comments, 

identified by I.D. 092106A by any of the 

following methods: 

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58290 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 

• E-mail: 

GroundfishInseason10.nwr@noaa.gov. 

Include I.D. 092106A in the subject line 

of the message. 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: D. Robert Lohn, Administrator, 

Northwest Region, NMFS, Attn: Jamie 

Goen, 7600 Sand Point Way NE, Seattle, 

WA 98115–0070. 

• Fax: 206–526–6736, Attn: Jamie 

Goen. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–6150; fax: 206–526–

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

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

available on the Government Printing 

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

fr/index.html. 

Background information and 

documents are available at the Pacific 

Fishery Management Council’s (Pacific 

Council’s) website at: 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 80 species of 

groundfish off the coasts of Washington, 

Oregon, and California. Groundfish 

specifications and management 

measures are developed by the Pacific 

Council, and are implemented by 

NMFS. The specifications and 

management measures for 2005–2006 

were codified in the CFR (50 CFR part 

660, subpart G). They were published in 

the Federal Register as a proposed rule 

on September 21, 2004 (69 FR 56550), 

and as a final rule on December 23, 2004 

(69 FR 77012). The final rule was 

subsequently amended on March 18, 

2005 (70 FR 13118); March 30, 2005 (70 

FR 16145); April 19, 2005 (70 FR 

20304); May 3, 2005 (70 FR 22808); May 

4, 2005 (70 FR 23040); May 5, 2005 (70 

FR 23804); May 16, 2005 (70 FR 25789); 

May 19, 2005 (70 FR 28852); July 5, 

2005 (70 FR 38596); August 22, 2005 (70 

FR 48897); August 31, 2005 (70 FR 

51682); October 5, 2005 (70 FR 58066); 

October 20, 2005 (70 FR 61063); October 

24, 2005 (70 FR 61393); November 1, 

2005 (70 FR 65861); and December 5, 

2005 (70 FR 723850). Longer-term 

changes to the 2006 specifications and 

management measures were published 

in the Federal Register as a proposed 

rule on December 19, 2005 (70 FR 

75115), and as a final rule on February 

17, 2006 (71 FR 8489). The final rule 

was subsequently amended on March 

27, 2006 (71 FR 10545), April 11, 2006 

(71 FR 18227), April 26, 2006 (71 FR 

24601), May 11, 2006 (71 FR 27408), 

May 22, 2006 (71 FR 29257), June 1, 

2006 (71 FR 31104), July 3, 2006 (71 FR 

37839), August 7, 2006 (71 FR 44590), 

and August 22, 2006 (71 FR 48824). 

The changes to current groundfish 

management measures implemented by 

this action were recommended by the 

Pacific Council, in consultation with 

Pacific Coast Treaty Indian Tribes and 

the States of Washington, Oregon, and 

California, at its September 11–15, 2006, 

meeting in Foster City, CA. At that 

meeting, the Pacific Council 

recommended: (1) increasing the widow 

rockfish bycatch limit and decreasing 

the canary rockfish bycatch limit for the 

commercial limited entry non-tribal 

primary whiting fishery; (2) increasing 

the limited entry trawl trip limits 

coastwide in Period 6 (NovemberDecember) for sablefish and petrale sole; 

(3) closing the open access daily trip 

limit (DTL) fishery for sablefish north of 

36° N. lat. beginning October 1; (4) 

increasing the limited entry fixed gear 

and open access DTL fishery for 

sablefish south of 36° N. lat. beginning 

October 1; and (5) prohibiting retention 

of vermilion rockfish by boat anglers in 

the recreational fishery seaward of the 

state of Oregon. In addition, NMFS is 

correcting an error in the footnote for 

yelloweye rockfish in Table 2b to part 

660, subpart G. Pacific Coast groundfish 

landings will be monitored throughout 

the year and further adjustments to trip 

limits or management measures will be 

made as necessary to allow achievement 

of, or to avoid exceeding, optimum 

yields (OYs). 

Limited Entry Trawl Non-tribal Whiting 

Fishery Bycatch Limits for Widow and 

Canary Rockfish 

The Pacific Council considered 

adjusting the bycatch limits for widow 

rockfish and canary rockfish in the nontribal whiting fisheries. An increase in 

the widow bycatch limit for the nontribal whiting fishery would buffer 

against the possibility of a disaster tow 

that might shut down the fishery before 

the whiting quota is achieved. A 

decrease in the canary bycatch limit 

would provide a precautionary 

adjustment to the projected total 

mortality of canary rockfish for all 

fisheries (commercial, recreational, EFP, 

and research) while still allowing the 

whiting quota to be achieved, based on 

current information about the fishery’s 

bycatch rates. 

The Pacific Council considered 

whether to increase the bycatch limits 

for widow rockfish in the non-tribal 

whiting fishery above the 200 mt 

specified in regulation. Bycatch of 

widow rockfish in the whiting fishery 

was estimated in NMFS Whiting Report 

#12 to be at 186.47 mt through 

September 5, 2006. The whiting fishery 

is nearing the end of its seasons for the 

various sectors. The shorebased fishery 

has already closed. The mothership 

fishery has approximately 5,000 mt 

(approximately 9 percent of allocation) 

remaining, and the catcher/processor 

fishery has approximately 15,000 mt 

(approximately 20 percent of allocation) 

remaining. Catch of widow rockfish in 

the non-tribal whiting fishery is 

expected to remain low through the 

remainder of the season. However, 

widow rockfish tends to be taken 

sporadically and in infrequent but large 

amounts. This makes widow rockfish 

bycatch rates difficult to predict, and 

there have been past unexpectedly high 

tows upwards of 20 mt. Therefore, while 

catch of widow rockfish is expected to 

remain low, the Pacific Council 

considered increasing the widow 

bycatch limit enough to cover an 

unexpectedly high tow of approximately 

20 mt. Increasing the bycatch limit from 

200 mt to 220 mt should provide 

enough widow rockfish to allow the 

whiting fisheries to catch their whiting 

allocations without the threat of a single 

large widow tow shutting non-tribal 

whiting fisheries down early. In 

addition, an increase in the widow 

rockfish bycatch limit to 220 mt is still 

well within the projected total mortality 

of widow rockfish (258 mt projected 

total mortality for all fisheries out of a 

289 mt widow rockfish OY). 

The Pacific Council also considered a 

decrease in the canary rockfish bycatch 

limit to provide a precautionary 

adjustment to the projected total 

mortality of canary rockfish for all 

fisheries (commercial, recreational, EFP, 

and research). Catch of canary rockfish 

by research vessels is higher than 

projected for 2006. Previously, an 

advisory body to the Pacific Council, the 

Groundfish Management Team (GMT), 

had projected 3 mt of canary rockfish 

would be taken as 2006 research catch 

in their bycatch scorecard. The bycatch 

scorecard is a tool used by the GMT to 

track estimated and projected total 

mortality of overfished species for the 

year. 

Based on preliminary information 

from research vessels to date, the 2006 

research catch is now 7.5 mt (7.2 mt 

from the NMFS triennial trawl survey 

and 0.3 mt from research off Oregon). 

Additional catch of canary rockfish is 

likely to occur as the NMFS triennial 

trawl survey continues from Eureka to 

San Diego, California. The GMT 

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reviewed historical survey trend data 

from 2003–2005 and estimated that an 

additional 0.3 mt should cover the 

remainder of the research catch for that 

area. However, the survey vessel is 

conducting its survey in the area 

between 41° N. latitude and 40°10′ N. 

latitude (off of Eureka), which is a 

known ‘‘hot spot’’ area for canary 

rockfish. While more than 90 percent of 

the canary rockfish take in the historical 

triennial trawl survey occurs north of 

Eureka, there is the potential for an 

unexpectedly high tow of canary 

rockfish. Therefore, the GMT suggested 

increasing the potential additional 

research catch from 0.3 mt to 1.0 mt, 

which should buffer against the 

potential for a high tow of canary 

rockfish. Thus, the total projection for 

canary rockfish mortality from research 

in the bycatch scorecard will be 

increased to 8.5 mt through the end of 

the year (7.5 mt current total mortality 

plus 1.0 mt projected total mortality for 

research during the remainder of the 

year). 

Because the mortality of canary 

rockfish from research is estimated to be 

much higher in 2006 than estimated in 

pre-season projections, the Pacific 

Council reviewed the bycatch scorecard 

for estimated mortality of canary 

rockfish in other fisheries. Some 

ongoing fisheries are tracking behind 

their projected take of canary rockfish. 

The non-tribal whiting fisheries have 

taken 2.5 mt out of their 4.7 mt canary 

rockfish bycatch limit. The tribal 

whiting fishery has taken 0.3 mt through 

August out of a projected 1.6 mt canary 

mortality, and the tribal midwater trawl 

fishery is also tracking behind in the 

bycatch scorecard. In addition, 

recreational fisheries are tracking 

behind their estimated take of canary 

rockfish at this time. Thus, there is the 

potential for canary rockfish total 

mortality to come in below the bycatch 

scorecard projections for the year. 

Even with many fisheries tracking 

behind their projected canary rockfish 

take for the year, the Pacific Council 

recommended reducing the canary 

rockfish bycatch limit in the non-tribal 

whiting fishery from 4.7 mt to 4.0 mt in 

regulation, as a precautionary measure. 

The non-tribal whiting fishery is 

estimated to have taken 2.5 mt out of 

their 4.7 mt canary rockfish bycatch 

limit, as of September 5, 2006. As a 

comparison, the non-tribal whiting 

fishery took 3.3 mt of canary rockfish in 

its 2005 season. Given other updates to 

the bycatch scorecard, the non-tribal 

whiting bycatch limit would need to be 

reduced to 4.0 mt, to ensure that 

estimates within the scorecard remain 

within the 2006 OY for canary rockfish. 

With the shorebased fishery closed and 

limited amounts of the whiting 

allocation remaining for the mothership 

and catcher/processor sector, the nontribal whiting fishery will likely remain 

within the lower 4.0 mt canary rockfish 

bycatch limit. 

With all of the updates to the bycatch 

scorecard, projected total mortality of 

canary rockfish for the year in the 

bycatch scorecard is 47.1 mt, equivalent 

to the OY for 2006, while widow 

rockfish is projected to be 278 mt, below 

the OY of 289 mt. However, as 

mentioned previously, many fisheries 

are expected to come in below their 

projections of canary rockfish take for 

the year. The Pacific Council’s GMT 

anticipates updating the bycatch 

scorecard with new inseason 

information at the Council’s November 

13–17, 2006, meeting. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing a reduction in the canary 

rockfish bycatch limit from 4.7 mt to 4.0 

mt, and an increase in the widow 

rockfish bycatch limit from 200 mt to 

220 mt. 

Limited Entry Trawl Trip Limits 

Catch of petrale sole and sablefish in 

the limited entry bottom trawl fisheries 

is tracking behind projections. The 

Pacific Council considered increasing 

trip limits in Period 6 (NovemberDecember) to 70,000 lb (31,752 kg) per 

2 months for petrale sole and to 20,000 

lb (9,072 kg) per 2 months for sablefish 

to provide some increase in fishing 

opportunity while staying within the 

OYs for these species. North of 40°10′ N. 

lat., these increases would only apply 

seaward of the trawl rockfish 

conservation area (RCA). The Pacific 

Council also considered whether 

increased catches of these species could 

be accommodated without increasing 

impacts on overfished species beyond 

what is projected to remain within the 

OY. These trip limit changes would 

increase the estimated mortality of the 

following overfished species: bocaccio, 

darkblotched rockfish and Pacific Ocean 

perch (POP). However, the estimated 

impacts on these overfished species as 

a result of the trip limit adjustments, 

combined with all estimated mortality, 

are within the 2006 OYs for those 

species. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing trip limit adjustments for 

the limited entry bottom trawl fishery in 

Period 6 (November-December) as 

follows: (1) north of 40°10′ N. lat., 

increase petrale sole trip limits from 

60,000 lb (27,216 kg) per 2 months to 

70,000 lb (31,752 kg) per 2 months for 

large and small footrope trawl gear; (2) 

north of 40°10′ N. lat., increase sablefish 

trip limits from 14,000 lb (6.350 kg) per 

2 months to 20,000 lb (9,072 kg) per 2 

months for large and small footrope 

trawl gear; (3) south of 40°10′ N. lat., 

increase petrale sole trip limits from 

60,000 lb (27,216 kg) per 2 months to 

70,000 lb (31,752 kg) per 2 months; and 

(4) south of 40°10′ N. lat., increase 

sablefish trip limits from 17,000 lb 

(7,711 kg) per 2 months to 20,000 lb 

(9,072 kg) per 2 months. 

Open Access DTL Fishery for Sablefish 

North of 36≥ N. lat. 

Catch of sablefish in the open access 

(OA) DTL fishery continues to be higher 

than in previous years. To slow the 

catch of sablefish earlier in the year, 

NMFS reduced the OA sablefish daily 

trip limit, or DTL, fishery cumulative 

trip limit north of 36° N. lat. from 5,000 

lb (2,268 kg) per 2 months to 3,000 lb 

(1,361 kg) per 2 months (71 FR 24601, 

April 26, 2006). The Council 

recommended this reduction in 

anticipation of a large influx of fishing 

effort into the sablefish DTL fishery 

from vessels unable to participate in this 

year’s highly restricted salmon fishery. 

Reducing the cumulative limit was 

intended to provide for a longer season, 

which was thought to most benefit 

fishers who have historically 

participated in the year-round fishery. 

To date, the catch of OA sablefish is 

higher in 2006 than catch projected 

from historical data. This supports the 

assumptions that restrictions in the 

salmon fishery may have led to 

increased effort in the OA sablefish DTL 

fishery. PacFIN estimates the OA 

sablefish DTL catch through August to 

be 524 mt, out of a 613 mt harvest 

guideline north of 36° N. lat. Given that 

this sector has caught an average of 70–

80 mt of sablefish per month since 

March, the OA DTL fishery is expected 

to attain their sablefish allocation in 

early October. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing a reduction in the OA 

sablefish DTL fishery trip limits north of 

36° N. lat. beginning October 1 from 

‘‘300 lb (136 kg) per day, or 1 landing 

per week of up to 1,000 lb (454 kg), not 

to exceed 3,000 lb (1,361 kg) per 2 

months’’ to ‘‘closed.’’

Limited Entry Fixed Gear & Open 

Access DTL Fishery for Sablefish South 

of 36≥ N. lat. 

While OA DTL fisheries north of 36° 

N. lat. are tracking ahead of schedule, 

limited entry fixed gear and OA 

sablefish DTL fisheries south of 36° N. 

lat. are tracking behind schedule. 

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PacFIN data through the end of August 

estimates that 52 mt out of a 271–mt 

total catch OY have been taken south of 

36° N. lat. There is not an allocation 

between limited entry or open access 

sablefish fisheries in this area. 

Because sablefish fisheries south of 

36° N. lat. are tracking behind schedule, 

the Pacific Council discussed increasing 

trip limits for the limited entry fixed 

gear and OA sablefish DTL fisheries 

south of 36° N. lat. from 350 lb (159 kg) 

per day to 500 lb (227 kg) per day 

beginning October 1, leaving the weekly 

limit the same. Leaving the weekly limit 

the same is intended to discourage 

increased effort from shifting from 

waters north of 36° N. lat., which will 

close October 1. This action would not 

increase estimated impacts on 

overfished species, including canary 

rockfish, because estimated mortality for 

overfished species for the year assume 

that this sector will achieve its 

allocation. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing an increase in the limited 

entry fixed gear and OA sablefish DTL 

fishery trip limits south of 36° N. lat. 

beginning October 1 from ‘‘350 lb (159 

kg) per day, or 1 landing per week of up 

to 1,050 lb (476 kg)’’ to ‘‘500 lb (227 kg) 

per day, or 1 landing per week of up to 

1,050 lb. (476 kg).’’

Oregon Recreational Fishery 

Vermilion rockfish is a federallymanaged species under the Pacific Coast 

Groundfish FMP. However, the state of 

Oregon has more restrictive state harvest 

limits for vermilion rockfish than the 

federal limits. The federal and state 

governments work cooperatively to 

manage the OYs for Pacific Coast 

groundfish species, such as vermilion 

rockfish, from 0–200 nm. 

In the Oregon recreational groundfish 

fishery, the Oregon Department of Fish 

and Wildlife (ODFW) manages 

vermilion rockfish under a state harvest 

limit as part of the ‘‘other nearshore 

rockfish’’ aggregate, which also includes 

brown, china, copper, grass, quillback, 

and tiger rockfishes). In June, the catch 

rate of the ‘‘other nearshore rockfish’’

aggregate was tracking higher than 

expected and projections showed that 

without action, the harvest limit would 

be prematurely attained. Vermilion 

rockfish represented approximately half 

of the landings in the ‘‘other nearshore 

rockfish’’ aggregate. ODFW took 

management action specific to 

vermilion rockfish to prevent the ‘‘other 

nearshore rockfish’’ aggregate from 

reaching the Oregon state harvest limit. 

Effective June 24, 2006, ODFW 

prohibited the retention of vermilion 

rockfish in the recreational ocean and 

estuary boat fisheries. 

Therefore, in order to conform 

recreational management measures for 

Federal waters (3–200 nm) to 

management measures for Oregon state 

waters (0–3 nm), the Pacific Council 

recommended and NMFS is 

implementing a prohibition on the 

retention of vermilion rockfish by boat 

anglers in Federal recreational 

regulations off Oregon. 

Yelloweye Rockfish Recreational 

Harvest Guideline Boundary Correction 

NMFS is correcting an error in the 

footnote for yelloweye rockfish in Table 

2b to part 660, subpart G. Table 2b is 

part of the acceptable biological catch 

(ABC)/OY tables. Footnote aa/ for 

yelloweye rockfish was revised on May 

22, 2006 (71 FR 29257). In the preamble 

for this revision, NMFS explained that 

the recreational harvest guideline is 

divided north and south of the Oregon/ 

California border, at 42° N. lat., as 

recommended by the Pacific Council 

and as analyzed in the Environmental 

Impact Statement for the 2005–2006 

groundfish specifications and 

management measures. However, the 

footnote in the table divided the 

recreational harvest guideline at the 

wrong place, at 40°10′ N. lat. Therefore, 

NMFS is correcting footnote aa/ for 

yelloweye rockfish to break the 

recreational harvest guideline at 42° N. 

lat. (Oregon/California border) instead 

of 40°10′ N. lat. The recreational harvest 

guideline of 6.7 mt is managed jointly 

by Oregon and Washington north of 42° 

N. lat., and the recreational harvest 

guideline of 3.7 mt is managed by 

California south of 42° N. lat. This 

correction is necessary for the states to 

be able to manage their respective state 

harvest guidelines consistent with the 

record and intent for this fishery. 

Classification 

These actions are taken under the 

authority of 50 CFR 660.370(c) and are 

exempt from review under Executive 

Order 12866. 

These actions are authorized by the 

Pacific Coast groundfish FMP and its 

implementing regulations, and are based 

on the most recent data available. The 

aggregate data upon which these actions 

are based are available for public 

inspection at the Office of the 

Administrator, Northwest Region, 

NMFS, (see ADDRESSES) during business 

hours. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

opportunity for public comment on this 

action, as notice and comment would be 

impracticable. The data upon which 

these recommendations were based was 

provided to the Pacific Council, and the 

Pacific Council made its 

recommendations at its September 11–

15, 2006, meeting in Foster City, CA. 

There was not sufficient time after that 

meeting to draft this notice and undergo 

proposed and final rulemaking before 

these actions need to be in effect. For 

the actions to be implemented in this 

notice, prior notice and opportunity for 

comment would be impracticable 

because affording the time necessary for 

prior notice and opportunity for public 

comment would impede the Agency’s 

function of managing fisheries using the 

best available science to approach 

without exceeding the OYs for federally 

managed species. The adjustments to 

management measures in this document 

affect commercial and recreational 

groundfish fisheries. Changes to the 

limited entry non-whiting trawl fishery 

must be implemented in a timely 

manner by November 1, 2006, to allow 

fishermen an opportunity to harvest 

higher trip limits for stocks tracking 

behind their projected OY and within 

projected mortality for overfished 

species. The reduction to the canary 

rockfish bycatch limit for the limited 

entry non-tribal whiting trawl fishery 

must be implemented in a timely 

manner by October 1, 2006, to keep 

mortality of canary rockfish, an 

overfished species, within its projection 

for the year. The increase to the widow 

rockfish bycatch limit for the limited 

entry non-tribal whiting trawl fishery 

must be implemented in a timely 

manner by October 1, 2006, to allow the 

take of the whiting allocation while 

keeping mortality of widow rockfish, an 

overfished species, within its projection 

for the year. Changes to the open access 

sablefish fishery north of 36° N. lat. 

must be implemented in a timely 

manner by October 1, 2006, to keep 

harvest of sablefish within the 

allocation for this fishery. Changes to 

the limited entry fixed gear and open 

access sablefish fishery south of 36° N. 

lat. must be implemented in a timely 

manner by October 1, 2006, to allow 

fishermen an opportunity to harvest 

higher trip limits for stocks tracking 

behind their projected OY and within 

projected mortality for overfished 

species. Changes to the recreational 

fishery must be implemented by 

October 1, 2006, in order to conform to 

existing state regulations and to keep 

recreational harvest within state harvest 

limits. Changes to the yelloweye 

rockfish recreational harvest guideline 

boundary must be implemented by 

October 1, 2006, to allow the states to 

take management action should a 

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Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 58293 

yelloweye rockfish recreational harvest 

guideline be reached before the end of 

the year. Delaying any of these changes 

would keep management measures in 

place that are not based on the best 

available data, which could risk 

fisheries exceeding their OY, or deny 

fishermen access to available harvest. 

This would impair managing fisheries to 

stay within the OYs for the year, or 

would impair achievement of one of the 

Pacific Coast Groundfish FMP objectives 

of providing for year-round harvest 

opportunities or extending fishing 

opportunities as long as practicable 

during the fishing year. 

For these reasons, good cause also 

exists to waive the 30 day delay in 

effectiveness requirement under 5 

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

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian fisheries. 

Dated: September 27, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. In § 660.373, paragraph (b)(4) is 

revised to read as follows: 

§ 660.373 Pacific whiting (whiting) fishery 

management. 

* * * * * 

(b) * * * 

(4) 2005 2006 bycatch limits in the 

whiting fishery. The bycatch limits for 

the whiting fishery may be used 

inseason to close a sector or sectors of 

the whiting fishery to achieve the 

rebuilding of an overfished or depleted 

stock, under routine management 

measure authority at § 660.370 (c)(1)(ii). 

These limits are routine management 

measures under § 660.370 (c) and, as 

such, may be adjusted inseason or may 

have new species added to the list of 

those with bycatch limits. For 2005, the 

whiting fishery bycatch limits for the 

sectors identified § 660.323(a) are 4.7 mt 

of canary rockfish and 212 mt of widow 

rockfish. For 2006, the whiting fishery 

bycatch limits are 4.0 mt of canary 

rockfish, 220 mt of widow rockfish, and 

25 mt of darkblotched rockfish. 

* * * * * 

■ 3. In § 660.384, paragraph (c)(2)(iii) is 

revised to read as follows: 

§ 660.384 Recreational fishery 

management measures. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) Bag limits, size limits. The bag 

limits for each person engaged in 

recreational fishing in the EEZ seaward 

of Oregon are two lingcod per day, 

which may be no smaller than 24 in (61 

cm) total length; and 6 marine fish per 

day, which excludes Pacific halibut, 

salmonids, tuna, perch species, 

sturgeon, sanddabs, lingcod, striped 

bass, hybrid bass, offshore pelagic 

species and baitfish (herring, smelt, 

anchovies and sardines), but which 

includes rockfish, greenling, cabezon 

and other groundfish species. In the 

Pacific halibut fisheries, retention of 

groundfish is governed in part by 

annual management measures for 

Pacific halibut fisheries, which are 

published in the Federal Register. 

Between the Oregon border with 

Washington and Cape Falcon, when 

Pacific halibut are onboard the vessel, 

groundfish may not be taken and 

retained, possessed or landed, except 

sablefish and Pacific cod. Between Cape 

Falcon and Humbug Mountain, during 

days open to the Oregon Central Coast 

‘‘all-depth’’ sport halibut fishery, when 

Pacific halibut are onboard the vessel, 

no groundfish may be taken and 

retained, possessed or landed, except 

sablefish. ‘‘All-depth’’ season days are 

established in the annual management 

measures for Pacific halibut fisheries, 

which are published in the Federal 

Register and are announced on the 

NMFS halibut hotline, 1 800 662 9825. 

The minimum size limit for cabezon 

retained in the recreational fishery is 16 

in (41 cm) and for greenling is 10 in (26 

cm). Taking and retaining canary 

rockfish and yelloweye rockfish is 

prohibited at all times and in all areas. 

From October 1 through December 31, 

2006, taking and retaining vermilion 

rockfish is prohibited in all areas by 

boat anglers. 

* * * * * 

■ 4. In part 660, subpart G, Table 2b is 

revised to read as follows: 

Table 2b to Part 660, Subpart G—2006, 

and Beyond, OYs for Minor Rockfish by 

Depth Subgroups (Weights in Metric 

Tons) 

Species Total Catch 

ABC 

OY (Total Catch) Harvest Guidelines (total catch) 

Total Catch 

OY 

Recreational 

Estimate 

Commercial 

HG for minor 

rockfish and 

depth subgroups 

Limited Entry Open Access 

Mt % Mt % 

Minor Rockfish north cc/ 3,680 2,250 78 2,172 1,992 91.7 180 8.3 

Nearshore 122 68 54 

Shelf 968 10 958 

Slope 1,160 0 1,160 

Minor Rockfish south dd/ 3,412 1,968 443 1,390 774 55.7 616 44.3 

Nearshore ii/ 615 383 97 

Shelf 714 60 654 

Slope 639 0 639 

a/ ABCs apply to the U.S. portion of the Vancouver area, except as noted under individual species. 

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b/ Lingcod was declared overfished on March 3, 1999. A coastwide stock assessment was prepared in 2003. Lingcod was believed to be at 25 

percent of its unfished biomass coastwide in 2002, 31 percent in the north and 19 percent in the south. The ABC projection for 2006 is 2,716 mt 

and was calculated using an FMSY proxy of F45%. The total catch OY of 2,414 mt (the sum of 1,891 mt in the north and 612 mt in the south) is 

based on the rebuilding plan with a 70 percent probability of rebuilding the stock to BMSY by the year 2009 (TMAX). The harvest control rule will 

be F=0.17 in the north and F=0.15 in the south. Out of the OY, it is estimated that 693 mt will be taken in the recreational fishery, 7.2 mt will be 

taken during research activity, and 2.8 mt will be taken in non-groundfish fisheries. Under the 2006 management measures, it is anticipated that 

214.7 mt will be taken in the commercial fisheries (which is being set as a commercial HG), leaving a residual amount of 1,496.3 mt to be used 

as necessary during the fishing year. There is a recreational harvest guideline of 271 mt for the area north of 42° N. lat. and a recreational harvest guideline of 422 mt for the area south of 42° N. lat. The tribes do not have a specific allocation at this time, but are expected to take 25.1 

mt of the commercial HG. 

c/ ‘‘Other species’’, these are neither common nor important to the commercial and recreational fisheries in the areas footnoted. Accordingly, 

Pacific cod is included in the non-commercial HG of ‘‘other fish’’ and rockfish species are included in either ‘‘other rockfish’’ or ‘‘remaining rockfish’’ for the areas footnoted. 

d/ Pacific Cod - The 3,200 mt ABC is based on historical landings data and is set at the same level as it was in 2004. The 1,600 mt OY is the 

ABC reduced by 50 percent as a precautionary adjustment. The OY is reduced by 400 mt for the tribal harvest guideline, resulting in a commercial harvest guideline of 1,200 mt. 

e/ Pacific whiting - The most recent stock assessment was prepared in early 2006, and the whiting biomass was estimated to be between 31 

percent and 38 percent of its unfished biomass. The U.S. ABC of 518,294 mt is based on the 2006 assessment results with the application of an 

FMSY proxy harvest rate of 40%. The U.S. ABC is 73.88 percent of the coastwide ABC. The U.S. total catch OY is being set at 269,069 mt. The 

total catch OY is reduced by 35,000 mt for the tribal allocation, 200 mt for the amount estimated to be taken during research fishing, and 1,800 

mt for the estimated catch in non-groundfish fisheries, resulting in a commercial OY of 232,069 mt. The commercial OY is allocated between the 

sectors with 42 percent (97,469 mt) going to the shore-based sector, 34 percent (78,903 mt) going to the catcher/processor sector, and 24 percent (55,696 mt) going to the mothership sector. Discards of whiting are estimated from the observer data and counted towards the OY 

inseason. 

f/ Sablefish north of 36° N. lat. - A coastwide sablefish stock assessment was prepared in 2001 and updated for 2002. Following the 2002 

stock assessment update, the sablefish biomass north of 34°27′ N. lat. was believed to be between 31 percent and 38 percent of its unfished 

biomass. The coastwide ABC of 8,175 mt is based on environmentally driven projections with the FMSY proxy of F45%. The ABC for the management area north of 36° N. lat. is 7,885 mt (96.45 percent of the coastwide ABC). The coastwide OY of 7,634 mt (the sum of 7,363 mt in the 

north and 271 mt in the south) is based on the density-dependent model and the application of the 40–10 harvest policy. The total catch OY for 

the area north of 36° N. lat is 7,363 mt and is 96.45 percent of the coastwide OY. The OY is reduced by 10 percent (736 mt) for the tribal allocation. Out of the remaining OY, 86 mt will be taken during research activity, and 19 mt will be taken in non-groundfish fisheries, resulting in a commercial HG of 6,522 mt. The open access allocation is 9.4 percent (613 mt) of the commercial HG and the limited entry allocation is 90.6 percent 

(5,909 mt) of the commercial HG. The limited entry allocation is further divided with 58 percent (3,427 mt) allocated to the trawl fishery and 42 

percent (2,482 mt) allocated to the fixed-gear fishery. To provide for bycatch in the at-sea whiting fishery, 15 mt of the limited entry trawl allocation will be set aside. 

g/ Sablefish south of 36° N. lat. - The ABC of 290 mt is 3.55 percent of the ABC from the 2002 coastwide stock assessment update. The total 

catch OY of 271 mt is 3.55 percent of the OY from the 2002 coastwide stock assessment update. There are no limited entry or open access allocations in the Conception area at this time. 

h/ Cabezon was first assessed in 2003 and was believed to be at 34.7 percent of its unfished biomass. The ABC of 108 mt is based on a harvest rate proxy of F45%. The OY of 69 mt is based on a constant harvest level for 2005 and 2006. 

i/ Dover sole north of 34°27′ N. lat. was assessed in 2001 and was believed to be at 29 percent of its unfished biomass. The ABC of 8,589 mt 

is the 2006 projection from the 2001 assessment with an FMSY proxy of F40%. Because the biomass is estimated to be in the precautionary 

zone, the 40–10 harvest rate policy was applied, resulting in a total catch OY of 7,564 mt. The OY is reduced by 60 mt for the amount estimated 

to be taken as research catch, resulting in a commercial HG of 7,504 mt. 

j/ English sole - Research catch is estimated to be 9.7 mt. 

k/ Petrale sole was believed to be at 42 percent of its unfished biomass following a 1999 stock assessment. For 2006, the ABC for the Vancouver-Columbia area (1,262 mt) is based on a four year average projection from 2000–2003 with a F40% FMSY proxy. The ABCs for the Eureka, Monterey, and Conception areas (1,500 mt) are based on historical landings data and continue at the same level as 2005. Management 

measures to constrain the harvest of overfished species have reduced the availability of these stocks to the fishery during the past several years. 

Because the harvest assumptions (from the most recent stock assessment in the Vancouver-Columbia area) used to forecast future harvest were 

likely overestimates, carrying the previously used ABCs and OYs forward into 2006 was considered to be conservative and based on the best 

available data. Research catch is estimated to be 2.9 mt and will be taken out of the OY. 

l/ Arrowtooth flounder was last assessed in 1993 and was believed to be above 40 percent of its unfished biomass. Research catch is estimated to be 13.6 mt and will be taken out of the OY. 

m/ Other flatfish are those species that do not have individual ABC/OYs and include butter sole, curlfin sole, flathead sole, Pacific sand dab, 

rex sole, rock sole, sand sole, and starry flounder. The ABC is based on historical catch levels. The ABC of 6,781 mt is based on the highest 

landings for sanddabs (1995) and rex sole (1982) for the 1981–2003 period and on the average landings from the 1994–1998 period for the remaining other flatfish species. The OY of 4,909 mt is based on the ABC with a 25 percent precautionary adjustment for sanddabs and rex sole 

and a 50 percent precautionary adjustment for the remaining species. Research catch is estimated to be 20.5 mt and will be taken out of the OY. 

n/ POP was declared overfished on March 3, 1999. A stock assessment was prepared in 2003 and POP was determined to be at 25 percent 

of its unfished biomass. The ABC of 934 mt was projected from the 2003 stock assessment and is based on an FMSY proxy of F50%. The OY of 

447 mt is based on a 70 percent probability of rebuilding the stock to BMSY by the year 2042 (TMAX). The harvest control rule will be F=0.0257. 

Out of the OY it is anticipated that 4.6 mt will be taken during research activity and 102.6 mt in the commercial fishery (which is being set as a 

commercial HG), leaving a residual amount of 339.8 mt to be used as necessary during the fishing year. 

o/ Shortbelly rockfish remains as an unexploited stock and is difficult to assess quantitatively. A 1989 stock assessment provided 2 alternative 

yield calculations of 13,900 mt and 47,000 mt. NMFS surveys have shown poor recruitment in most years since 1989, indicating low recent productivity and a naturally declining population in spite of low fishing pressure. The ABC and OY therefore are set at 13,900 mt, the low end of the 

range in the stock assessment. The available OY is reduced by 12 mt for the amount estimated to be taken as research catch, resulting in a 

commercial HG of 13,888 mt. 

p/ The widow rockfish stock was declared overfished on January 11, 2001 (66 FR 2338). The most recent stock assessment was prepared for 

widow rockfish in 2003. The spawning stock biomass is believed to be at 22.4 percent of its unfished biomass in 2002. The ABC of 3,059 mt is 

based an F50% FMSY proxy. The 289 mt OY is based on a 60 percent probability of rebuilding the stock to BMSY by the year 2042 (TMAX). The 

harvest control rule is F=0.0093. Out of the OY, it is anticipated that 1.0 mt will be taken during the research activity, 2.3 mt will be taken in the 

recreational fishery, 0.1 mt will be taken in non-groundfish fisheries, and 285.6 mt will be taken in the commercial fishery (which is being set as 

the commercial HG). Specific open access/limited entry allocations have been suspended during the rebuilding period as necessary to meet the 

overall rebuilding target while allowing harvest of healthy stocks. Tribal vessels are estimated to land about 40 mt of widow rockfish in 2006, but 

do not have a specific allocation at this time. The widow rockfish bycatch limit for the commercial Pacific whiting fisheries is 200 mt. This amount 

may be adjusted via inseason action. 

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q/ Canary rockfish was declared overfished on January 4, 2000 (65 FR 221). A stock assessment was completed in 2002 for canary rockfish 

and the stock was believed to be at 8 percent of its unfished biomass coastwide in 2001. The coastwide ABC of 279 mt is based on a FMSY

proxy of F50%. The coastwide OY of 47.1 mt is based on the rebuilding plan, which has a 60 percent probability of rebuilding the stock to BMSY

by the year 2076 (TMAX) and a catch sharing arrangement that has 58 percent of the OY going to the commercial fisheries and 42 percent going 

to the recreational fisheries. The harvest control rule will be F=0.0220. Out of the OY, it is anticipated that 2.7 mt will be taken during the research activity, 17.8 mt will be taken in the recreational fishery, 2.1 mt will be taken in non-groundfish fisheries, and 22.7 mt will be taken in the 

commercial fishery (which is being set as the commercial HG), leaving a residual amount of 1.8 mt. The residual amount will be further divided 

with 0.9 mt being available as needed for the recreational and 0.9 mt being available as needed for the commercial fisheries. A recreational HG 

for the area north of 42° N. lat. will be 8.5 mt. For the area south of 42° N. lat., the recreational HG will be 9.3 mt. Specific open access/limited 

entry allocations have been suspended during the rebuilding period as necessary to meet the overall rebuilding target while allowing harvest of 

healthy stocks. Tribal vessels are estimated to land about 2.6 mt of canary rockfish under the commercial HG, but do not have a specific allocation at this time. The canary rockfish bycatch limit for the commercial Pacific whiting fisheries is 4.7 mt. This amount may be adjusted via 

inseason action. 

r/ Chilipepper rockfish - the ABC (2,700 mt) for the Monterey-Conception area is based on a three year average projection from 1999–2001 

with a F50% FMSY proxy. Because the unfished biomass is believed to be above 40 percent, the default OY could be set equal to the ABC. However, the OY is set at 2,000 mt to discourage effort on chilipepper, which is taken with bocaccio. Management measures to constrain the harvest 

of overfished species have reduced the availability of these stocks to the fishery during the past several years. Because the harvest assumptions 

(from the most recent stock assessment) used to forecast future harvest were likely overestimates, carrying the previously used ABCs and OYs 

forward into 2006 was considered to be conservative and based on the best available data. The OY is reduced by 15 mt for the amount estimated to be taken in the recreational fishery and 21 mt for the amount estimated to be taken during research activity, resulting in a commercial 

HG of 1,964 mt. Open access is allocated 44.3 percent (870 mt) of the commercial HG and limited entry is allocated 55.7 percent (1,094 mt) of 

the commercial HG. 

s/ Bocaccio was declared overfished on March 3, 1999. A new stock assessment and a new rebuilding analysis were prepared for bocaccio in 

2003. The bocaccio stock was believed to be at 7.4 percent of its unfished biomass in 2002. The ABC of 549 mt is based on a F50% FMSY

proxy. The OY of 308 mt is based on the rebuilding analysis and has a 70 percent probability of rebuilding the stock to BMSY by the year 2032 

(TMAX). The harvest control rule is F=0.0498. Out of the OY, it is anticipated that 0.6 mt will be taken during the research activity, 43.0 mt will be 

taken in the recreational fishery, 1.3 mt will be taken in non-groundfish fisheries, and 75.2 mt will be taken in the commercial fishery (which is 

being set as the commercial HG), leaving a residual amount of 187.9 mt to be used as necessary during the fishing year. 

t/ Splitnose rockfish - The ABC is 615 mt in the southern area (Monterey-Conception). The 461 mt OY for the southern area reflects a 25 percent precautionary adjustment because of the less rigorous stock assessment for this stock. In the north, splitnose is included in the minor slope 

rockfish OY. Because the harvest assumptions (from the most recent stock assessment) used to forecast future harvest were likely overestimates, carrying the previously used ABCs and OYs forward into 2006 was considered to be conservative and based on the best available data. 

u/ Yellowtail rockfish - A yellowtail rockfish stock assessment was prepared in 2003 for the Vancouver-Columbia-Eureka areas. Yellowtail rockfish was believed to be at 46 percent of its unfished biomass in 2002. The ABC of 3,681 mt is based on the 2003 stock assessment with the 

FMSY proxy of F50%. The OY of 3,681 mt was set equal to the ABC, because the stock is above the precautionary threshold. The OY is reduced 

by 15 mt for the amount estimated to be taken in the recreational fishery, 5 mt for the amount estimated to be taken during research activity, and 

6 mt for the amount taken in non-groundfish fisheries, resulting in a commercial HG of 3,655 mt. The open access allocation (303 mt) is 8.3 percent of the commercial HG. The limited entry allocation (3,352 mt) is 91.7 percent the commercial HG. Tribal vessels are estimated to land about 

506 mt of yellowtail rockfish in 2006, but do not have a specific allocation at this time. 

v/ Shortspine thornyhead was last assessed in 2001 and the stock was believed to be between 25 and 50 percent of its unfished biomass. 

The ABC (1,077 mt) for the area north of Pt. Conception (34°27′ N. lat.) is based on a F50% FMSY proxy. The OY of 1,018 mt is based on the 

2001 survey with the application of the 40–10 harvest policy. The OY is reduced by 7 mt for the amount estimated to be taken during research 

activity, resulting in a commercial HG of 1,011 mt. Open access is allocated 0.27 percent (27 mt) of the commercial HG and limited entry is allocated 99.73 percent (984 mt) of the commercial HG. There is no ABC or OY for the southern Conception area. Tribal vessels are estimated to 

land about 6.6 mt of shortspine thornyhead in 2006, but do not have a specific allocation at this time. 

w/ Longspine thornyhead north of 36° N. lat. is believed to be above 40 percent of its unfished biomass. The ABC (2,461 mt) in the north 

(Vancouver-Columbia-Eureka-Monterey) is based on a F50% FMSY proxy. Because the harvest assumptions (from the most recent stock assessment) used to forecast future harvest were likely overestimates, carrying the previously used ABCs and OYs forward into 2006 was considered 

to be conservative and based on the best available data. The total catch OY (2,461 mt) is set equal to the ABC. The OY is reduced by 12 mt for 

the amount estimated to be taken during research activity, resulting in a commercial HG of 2,449 mt. 

x/ Longspine thornyhead south of 36° - A separate ABC (390 mt) is established for the Conception area and is based on historical catch for 

the portion of the Conception area north of 34°27′ N. lat. (Point Conception). To address uncertainty in the stock assessment due to limited information, the ABC was reduced by 50 percent to obtain the OY, 195 mt. There is no ABC or OY for the southern Conception Area. 

y/ Cowcod in the Conception area was assessed in 1999 and was believed to be less than 10 percent of its unfished biomass. Cowcod was 

declared as overfished on January 4, 2000 (65 FR 221). The ABC in the Conception area (5 mt) is based on the 1999 stock assessment, while 

the ABC for the Monterey area (19 mt) is based on average landings from 1993–1997. The OY of 4.2 mt (2.1 mt in each area) is based on the 

rebuilding plan adopted under Amendment 16–3, which has a 60 percent probability of rebuilding the stock to BMSY by the year 2099 (TMAX). 

The harvest control rule is F=0.009. Cowcod retention will not be permitted in 2006. The OY will be used to accommodate discards of cowcod 

rockfish resulting from incidental take. 

z/ Darkblotched rockfish was assessed in 2000 and a stock assessment update was prepared in 2003. Darkblotched rockfish was declared 

overfished on January 11, 2001 (66 FR 2338). Following the 2003 stock assessment update, the darkblotched rockfish stock was believed to be 

at 11 percent of its unfished biomass. A new darkblotched rockfish assessment was prepared for 2005. The 2005 darkblotched rockfish stock assessment found that darkblotched has been rebuilding at a faster rate than had been shown in the 2003 stock assessment. The ABC of 294 mt 

was projected from the 2003 assessment update and is based on an FMSY proxy of F50%. The 2006 OY will be 200 mt. This OY is 94 mt 

below the 294 mt OY originally in place for 2006, which was based on the rebuilding plan adopted under Amendment 16–2 and a harvest control 

rule of F=0.032 [69 FR 77012.] Based on the results of the 2005 assessment, NMFS estimates that reducing the 2006 OY to 200 mt is projected 

to rebuild the darkblotched rockfish stock to BMSY by March 2010, as compared to the July 2010 rebuilding date that was projected with a 294 mt 

OY. Out of the OY, it is anticipated that 5.2 mt will be taken during research activity, leaving 194.8 mt available to the commercial fishery. 

aa/ Yelloweye rockfish was assessed in 2001 and updated for 2002. On January 11, 2002, yelloweye rockfish was declared overfished (67 FR 

1555). In 2002 following the stock assessment update, yelloweye rockfish was believed to be at 24.1 percent of its unfished biomass coastwide. 

The 55 mt coastwide ABC is based on an FMSY proxy of F50%. The OY of 27 mt, based on a revised rebuilding analysis (August 2002) and the 

rebuilding plan proposed under Amendment 16–3, have a 80 percent probability of rebuilding to BMSY by the year 2071 (TMAX) and a harvest 

control rule of F=0.0153. Out of the OY, it is anticipated that 10.4 mt will be taken in the recreational fishery (the HG for the area north of 42° N. 

lat. is 6.7 mt and the HG for the area south of 42° N. lat. is 3.7 mt), 1.0 mt will be taken during research activity, 0.8 mt will be taken in nongroundfish fisheries and 6.4 mt will be taken in the commercial fishery (which is being set as a commercial HG), leaving a residual amount of 8.4 

mt to be used as necessary during the fishing year. Tribal vessels are estimated to land about 2.3 mt of yelloweye rockfish of the commercial 

HG in 2006, but do not have a specific allocation at this time. 

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58296 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 

bb/ Black rockfish was last assessed in 2003 for the Columbia and Eureka area and in 2000 for the Vancouver area. The ABC for the area 

north of 46°16′ N. lat. is 540 mt and the ABC for the area south of 46°16′ N. lat. is 736 mt. Because of an overlap in the assessed areas between Cape Falcon and the Columbia River, projections from the 2000 stock assessment were adjusted downward by 12 percent to account for 

the overlap. The ABCs were derived using an FMSY proxy of F50%. The unfished biomass is believed to be above 40 percent. Therefore, the 

OYs were set equal to the ABCs, 540 mt for the area north of 46°16′ N. lat. and 736 mt for the area south of 46°16′ N. lat. A harvest guideline of 

30,000 lb (13.6 mt) is set for the tribes. 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 (427 mt/58 percent) and for the area south of 42° N. lat (309 mt/42 percent). For the 427 mt attributed to the area 

north of 42° N. lat. 290–360 mt is estimated to be taken in the recreational fishery, resulting in a commercial HG of 67–137 mt. A range is being 

provided because the recreational and commercial shares are not currently available. Of the 309 mt of black rockfish attributed to the area south 

of 42° N. lat., a HG of 185 mt (60 percent) will be applied to the area north of 40°10′ N. lat. and a HG of 124 mt (40 percent) will be applied to 

the area south of 40°10′ N. lat. For the area between 42° N. lat. and 40°10′ N. lat., 74 mt is estimated to be taken in the recreational fishery, resulting in a commercial HG of 111 mt. For the area south of 40°10′ N. lat., 101 mt is estimated to be taken in the recreational fishery, resulting in 

a commercial HG of 23 mt. Black rockfish was included in the minor rockfish north and other rockfish south categories until 2004. 

cc/ Minor rockfish north includes the ‘‘remaining rockfish’’ and ‘‘other rockfish’’ categories in the Vancouver, Columbia, and Eureka areas combined. These species include ‘‘remaining rockfish’’, which generally includes species that have been assessed by less rigorous methods than 

stock assessments, and ‘‘other rockfish’’, which includes species that do not have quantifiable stock assessments. The ABC of 3,680 mt is the 

sum of the individual ‘‘remaining rockfish’’ ABCs plus the ‘‘other rockfish’’ ABCs. The remaining rockfish ABCs continue to be reduced by 25 percent (F=0.75M) as a precautionary adjustment. To obtain the total catch OY of 2,250 mt, the remaining rockfish ABCs were further reduced by 

25 percent and other rockfish ABCs were reduced by 50 percent. This was a precautionary measure to address limited stock assessment information. The OY is reduced by 78 mt for the amount estimated to be taken in the recreational fishery, resulting in a 2,172 mt commercial HG. 

Open access is allocated 8.3 percent (180 mt) of the commercial HG and limited entry is allocated 91.7 percent (1,992 mt) of the commercial 

HG. Tribal vessels are estimated to land about 28 mt of minor rockfish in 2006, but do not have a specific allocation at this time. 

dd/ Minor rockfish south includes the ‘‘remaining rockfish’’ and ‘‘other rockfish’’ categories in the Monterey and Conception areas combined. 

These species include ‘‘remaining rockfish’’ which generally includes species that have been assessed by less rigorous methods than stock assessment, and ‘‘other rockfish’’ which includes species that do not have quantifiable stock assessments. The ABC of 3,412 mt is the sum of the 

individual ‘‘remaining rockfish’’ ABCs plus the ‘‘other rockfish’’ ABCs. The remaining rockfish ABCs continue to be reduced by 25 percent 

(F=0.75M) as a precautionary adjustment. To obtain a total catch OY of 1,968 mt, the remaining rockfish ABCs are further reduced by 25 percent, with the exception of blackgill rockfish, the other rockfish ABCs were reduced by 50 percent. This was a precautionary measure due to limited stock assessment information. The OY is reduced by 443 mt for the amount estimated to be taken in the recreational fishery, resulting in a 

1,525 mt HG for the commercial fishery. Open access is allocated 44.3 percent (676 mt) of the commercial HG and limited entry is allocated 55.7 

percent (849 mt) of the commercial HG. 

ee/ Bank rockfish -- The ABC is 350 mt, which is based on a 2000 stock assessment for the Monterey and Conception areas. This stock contributes 263 mt towards the minor rockfish OY in the south. 

ff/ Blackgill rockfish was believed to be at 51 percent of its unfished biomass in 1997. The ABC of 343 mt is the sum of the Conception area 

ABC of 268 mt, based on the 1998 stock assessment with an FMSY proxy of F50%, and the Monterey area ABC of 75 mt. This stock contributes 

306 mt towards minor rockfish south (268 mt for the Conception area ABC and 38 mt for the Monterey area). The OY for the Monterey area is 

the ABC reduced by 50 percent as a precautionary measure because of the lack of information. 

gg/ ‘‘Other rockfish’’ includes rockfish species listed in 50 CFR 660.302 and California scorpionfish. The ABC is based on the 1996 review of 

commercial Sebastes landings and includes an estimate of recreational landings. These species have never been assessed quantitatively. The 

amount expected to be taken during research activity is reduced by 22.1 mt. 

hh/ ‘‘Other fish’’ includes sharks, skates, rays, ratfish, morids, grenadiers, kelp greenling, and other groundfish species noted above in footnote 

c/. The amount expected to be taken during research activity is 55.7 mt. 

ii/ Minor nearshore rockfish south - The total catch OY is 615 mt. Out of the OY it is anticipated that the recreational fishery will take 383 mt, 

and 97 mt will be taken by the commercial fishery (which is being set as a commercial HG), leaving a residual amount of 135 mt to be used as 

necessary during the fishing year. 

■ 5. In part 660, subpart G, Table 3 

(North) and Table 3 (South) are revised 

to read as follows: 

Table 3 (North) to Part 660, Subpart 

G—2006 Trip Limits for Limited Entry 

Trawl Gear North of 40≥10′ N. Lat. 

BILLING CODE 3510–22–S 

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Table 3 (South) to Part 660, Subpart 

G—2006 Trip Limits for Limited Entry 

Trawl Gear South of 40≥10′ N. Lat. 


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■ 6. In part 660, subpart G, Table 4 

(South) is revised to read as follows: 

Table 4 (South) to Part 660, Subpart 

G—2006 Trip Limits for Limited Entry 

Fixed Gear South of 40≥10′ N. Lat. 


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■ 7. In part 660, subpart G, Table 5 

(North) and Table 5 (South) are revised 

to read as follows: 

Table 5 (North) to Part 660, Subpart 

G—2006 Trip Limits for Open Access 

Gears North of 40≥10′ N. Lat. 


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Table 5 (South) to Part 660, Subpart 

G—2006 Trip Limits for Open Access 

Gears South of 40≥10′ N. Lat. 


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[FR Doc. 06–8402 Filed 9–28–06; 2:45 pm] 

BILLING CODE 3510–22–C 


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