[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Rules and Regulations]
[Pages 19390-19410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1917]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070404078-7078-01; I.D. 082806B]
RIN 0648-AV52


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 groundfish management 
measures; request for comments.

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SUMMARY: This final rule takes two actions: It establishes the 2007 
harvest specifications for Pacific whiting (whiting) in the U.S. 
exclusive economic zone (EEZ) and state waters off the coasts of 
Washington, Oregon, and California; and, it announces inseason changes 
to management measures in the commercial and recreational Pacific Coast 
groundfish fisheries. These actions are authorized by the Pacific Coast 
Groundfish Fishery Management Plan (FMP). The 2007 whiting harvest 
specifications include the level of the acceptable biological catch 
(ABC), optimum yield (OY), tribal allocation, and allocations for the 
non-tribal commercial whiting sectors, and are intended to establish 
allowable harvest levels of whiting based on the best available 
scientific information. The inseason changes to fishery management 
measures are intended to allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted species, and 
to reduce possible confusion to the public over differing state and 
Federal regulations.

DATES: Effective April 17, 2007. Comments on this rule must be received 
no later than 5 p.m., local time on May 18, 2007.

ADDRESSES: You may submit comments, identified by I.D. 082806B by any 
of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#76211e1f021f1811373435392f3f180513170519184758180104361819171758111900"><span class="__cf_email__" data-cfemail="e1b6898895888f86a0a3a2aeb8a88f928480928e8fd0cf8f9693a18f8e8080cf868e97">[email protected]</span></a>. Include I.D. 
082806B in the subject line of the message.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 206-526-6736, Attn: Gretchen Arentzen
    <bullet> Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Gretchen 
Arentzen.

FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region, 
NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail 
<a href="/cdn-cgi/l/email-protection#d2b5a0b7a6b1bab7bcfcb3a0b7bca6a8b7bc92bcbdb3b3fcb5bda4"><span class="__cf_email__" data-cfemail="9ef9ecfbeafdf6fbf0b0ffecfbf0eae4fbf0def0f1ffffb0f9f1e8">[email protected]</span></a>; or Becky Renko (Northwest Region, NMFS), 
phone: 206-526-6110 fax: 206-526-6736 and e-mail <a href="/cdn-cgi/l/email-protection#8defe8eee6f4a3ffe8e3e6e2cde3e2ececa3eae2fb"><span class="__cf_email__" data-cfemail="452720262e3c6b37202b2e2a052b2a24246b222a33">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's (Council's) Web site 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 Council, and are implemented 
by NMFS. A proposed rulemaking to implement the 2007-2008 
specifications and management measures for the Pacific Coast groundfish 
fishery and Amendment 16-4 of the FMP was published on September 29, 
2006 (71 FR 57764). The final rule to implement the 2007-2008 
specifications and management measures for the Pacific Coast Groundfish 
Fishery was published on December 29, 2006 (71 FR 78638). These 
specifications and management measures were codified in the CFR (50 CFR 
part 660, subpart G). The final rule was subsequently amended on March 
20, 2007 via a correcting amendment (71 FR 13043).
    Changes to current 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 March 5-9, 2007, meeting in Sacramento, 
California. The Council recommended changes to current regulations 
pertaining to two separate actions: (1) Setting the final 2007 ABC and 
OY values for the Pacific coast whiting fishery and the 2007 tribal

[[Page 19391]]

allocation of whiting; and (2) adjusting current groundfish management 
measures to respond to updated fishery information and other inseason 
management needs.

Pacific Whiting Specifications for 2007

    In November 2003, the United States and Canada signed an agreement 
regarding the conservation, research, and catch sharing of whiting. The 
whiting catch sharing arrangement that was agreed upon provides 73.88 
percent of the total catch OY to the U.S. fisheries and 26.12 percent 
to the Canadian fisheries. At this time, both countries are taking 
steps to fully implement this agreement. Until this occurs, the 
negotiators recommended that each country apply the agreed upon 
provisions to their respective fisheries.
    In anticipation of the ratification of the U.S.-Canada agreement, a 
new stock assessment, and given the small amount of whiting that is 
typically landed under trip limits prior to the April 1 start of the 
primary season, the Council adopted a range for OY and ABC in the 2007-
2008 specifications, and delayed adoption of final 2007 and 2008 ABC 
and OY until its March 2007 and 2008 meetings, respectively. To date, 
the international agreement has not yet been ratified by the United 
States, but the implementing legislation was recently signed into law 
on January 12, 2007. The ABC and OY values recommended by the Council 
as final ABC and OY values for 2007 are based on the 2007 stock 
assessment, and their impacts are within the scope of impacts 
considered in the EIS for the 2007 and 2008 management measures. The 
whiting OY being implemented in this rule, and the resulting 
allocations among the sectors, is reduced by approximately 10 percent 
from the 2006 OY.

Pacific Whiting Stock Status

    In general, whiting is a very productive species with highly 
variable recruitment (the biomass of fish that mature and enter the 
population and/or fishery each year) and a relatively short life span 
when compared to other groundfish species. In 1987, the whiting biomass 
was at a historically high level due to an exceptionally large number 
of fish that recruited into the population in 1980 and 1984 (fish 
recruited during a particular year are referred to as year classes). As 
these large year classes of fish passed through the population and were 
replaced by moderate sized year classes, the stock declined. The 
whiting stock stabilized between 1995 and 1997, but then declined to 
its lowest level in 2001. After 2001, the whiting biomass increased 
substantially as a strong 1999 year class matured and entered the 
spawning population. The 1999 year class has now reached its peak 
biomass level and is declining, and in the absence of additional strong 
year classes the stock is expected to decline in the near term even in 
the absence of fishing.
    The joint US-Canada Stock Assessment Review (STAR) panel met 
February 5-9, 2007, to review the whiting stock assessment prepared 
jointly by scientists from the NMFS Northwest Fisheries Science Center 
and the University of British Columbia Fisheries Centre. The STAR panel 
accepted two equally plausible assessment models that consider 
uncertainty in the relative depletion level and stock productivity.
    As in 2006, the amount of whiting that the hydroacoustic survey was 
able to measure relative to the total amount of whiting in the surveyed 
area (acoustic survey catchability coefficient, or q) was identified as 
a major source of uncertainty in the new stock assessment. Because of 
this uncertainty, two models were presented to bracket the range of 
uncertainty in q: The base model with a fixed value of q=1, 
representing the lower range of biomass and ABC/OY estimates; and the 
alternative model (using an informative prior) to arrive at q=0.7, 
which results in an upward scaling of both biomass and ABC/OY 
estimates. Uncertainty regarding the true value of q has been a major 
issue with whiting stock assessments in recent years, and as a 
precautionary measure the Council has based whiting ABCs from the last 
several assessments on models where q=1.
    Using the base model, q=1, the whiting stock biomass at the end of 
2006 was estimated to be at 36 percent of its unfished biomass and at 
44 percent of its unfished biomass with the alternative model, q=0.7. 
As no strong year classes have been observed since 1999, the whiting 
biomass is projected to decline in the near future. Data from the 2005 
hydroacoustic survey suggested a moderately strong 2003 year class; 
however current recruitment estimates from fishery-dependent indices 
predict that the 2003 recruitment will be below the mean. Current 
estimates, while not validated with a hydroacoustic survey, predict 
larger 2004 recruitment than for surrounding years. If these year 
classes are stronger than currently projected, the recent downward 
trend in whiting biomass could stabilize.
    The steepness of the stock-recruitment relationship (the proportion 
of young fish entering the population in relation to the number of 
adult fish) in the 2007 assessment was estimated to be 0.75. This is 
the same value that was used in 2006 when it was redefined in the 2006 
assessment, whereas a value of 1 was used in 2005. Assuming a steepness 
of 1 implies that the spawning biomass level has no influence on the 
number of recruits produced in any given year, which may result in 
overly optimistic projections. Reducing the steepness to 0.75 increases 
the dependency of recruitment on the number of adult fish in the 
population. Based on its review, the SSC endorsed the use of both 
models in setting 2007 ABCs and OYS.
    The U.S. implementing legislation and the U.S.-Canada agreement 
provisions include the use of a default harvest rate of F<INF>40</INF>. 
A harvest rate of F<INF>40</INF> can be explained as that which reduces 
spawning potential per female to 40 percent of what it would have been 
without fishing mortality. The selection of the F<INF>40</INF> value 
was based on an analysis of stock and recruitment data for other 
whiting (hake) species. However, because the whiting stock is projected 
to fall below the overfished threshold if managed with a harvest rate 
of F<INF>40</INF>, primarily due to the highly variable recruitment 
characteristic of the stock, the SSC noted that use of a control rule 
that allows for maximized yield may be inconsistent with the need to 
prevent whiting from falling below the overfished threshold.
    The range of U.S. ABCs and OYs considered by the Council and 
analyzed in the EIS for 2007 and 2008 included: A low ABC of 244,425 mt 
and a high ABC of 733,275 mt (50 percent and 150 percent, respectively, 
of the 2006 U.S. ABC of 488,850); and a low OY of 134,534 mt and a high 
OY of 403,604 mt (50 percent and 150 percent, respectively, of the 
2005/2006 U.S. OY of 269,069). These broad ranges in whiting harvest 
levels were analyzed in order to assess the potential range of the 
effects of the whiting fishery on incidentally-caught overfished 
species and the economic effects to coastal communities.
    At its March 5-9, 2007, meeting in Sacramento, CA, the Council 
reviewed the results of the new whiting stock assessment and 
recommended adopting a U.S.-Canada coastwide ABC of 612,068 mt (results 
in a U.S. ABC of 452,196 mt) based on the q=1 assessment model. Because 
the whiting biomass is estimated to be below 40 percent of its unfished 
biomass, the 40-10 adjustment was applied as specified in the Pacific 
Coast Groundfish FMP, the U.S.-Canada agreement, and the Pacific 
Whiting Act of 2006. With the 40-10 adjustment, the U.S.-Canada

[[Page 19392]]

coastwide OY was 575,090 mt with the q=1 model, and 878,670 mt with the 
q=0.7 model. The potential OYs with the 40-10 adjustment were 
considered by the Council to be too high during a time when the stock 
biomass is in decline. The 40-10-based OY for the q=1 model was 
projected to result in the stock biomass falling below the overfished 
threshold of 25 percent of unfished biomass by 2008. The 40-10-based OY 
for the q=0.7 model was projected to result in the stock biomass 
falling below the overfished threshold by 2009. Given the potential 
impact on future stock biomass levels and as contemplated by the 
Pacific Whiting Act of 2006, the Council considered a more conservative 
range of U.S.-Canada coastwide OYs.
    Following discussion and public testimony, the Council recommended 
adopting a U.S.-Canada coastwide OY of 328,358 mt, which corresponds to 
a U.S. OY of 242,591 mt according to the international allocation in 
the U.S.-Canada agreement. The 2007 U.S. OY is almost 10 percent less 
than the 2006 OY (269,069 mt), as a precautionary response to the 
declining trend in stock biomass, no strong year class available for 
the 2007 fishery, and continuing uncertainty in the model relative to 
the parameter q. With a constant harvest rate corresponding to the 2007 
U.S. OY of 242,591 mt, the stock biomass level is projected to drop 
below the overfished level (B<INF>25</INF>, or 25 percent of estimated 
unfished biomass) by 2009 if q=1 is the true state of nature; however, 
the biomass would remain near 30 percent of the unfished level through 
2009 if q=0.7 is the true state of nature. When the results of both 
models are combined and given equal weighting, the 2009 depletion level 
is projected to be slightly above the overfished level. Because whiting 
stock assessments are prepared annually and OYs adjusted annually, the 
risk of reaching an overfished condition is reduced. A new stock 
assessment will be prepared prior to the 2008 fishing year and will 
provide an opportunity to further adjust harvest levels in response to 
new assessment information. The 2008 assessment will be informed with 
results from the 2007 hydroacoustic survey (the 2007 assessment used 
results from the 2005 hydroacoustic survey which is conducted every 
other year) and will further investigate the appropriateness of model 
parameters, harvest rates proxies, and year class strength.

Allocations

    In 1994, the United States formally recognized that the four 
Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and 
Quinault) have treaty rights to fish for groundfish in the Pacific 
Ocean. In general terms, the quantification of those rights is 50 
percent of the harvestable surplus of groundfish that pass through the 
tribes' usual and accustomed fishing areas (described at 50 CFR 
660.324).
    The Pacific Coast Indian treaty fishing rights, described at 50 CFR 
660.324 and 660.385, provide for the allocation of groundfish to the 
tribes through the specifications and management measures process. A 
tribal allocation is subtracted from the species' OY before limited 
entry and open access allocations are derived. The tribal whiting 
fishery is a separate fishery, and is not governed by the limited entry 
or open access regulations or allocations. To date, only the Makah 
Tribe has participated. The Makah Tribe regulates, and in cooperation 
with NMFS, monitors this fishery so as not to exceed the tribal 
allocation.
    Beginning in 1999, NMFS set the tribal allocation according to an 
abundance-based sliding scale method, proposed by the Makah Tribe in 
1998 (see 64 FR 27928, May 24, 1999; 65 FR 221, January 4, 2000; and 66 
FR 2338, January 11, 2001). Details on the abundance-based sliding 
scale allocation method and related litigation were discussed in the 
preamble to the proposed rule to implement the 2005-2006 groundfish 
specifications and management measures and are not repeated here. On 
December 28, 2004, the Ninth Circuit Court of Appeals upheld the 
sliding scale approach in Midwater Trawler's Cooperative v. Daley, 393 
F. 3d 994 (9th Cir. 2004). Under the sliding scale allocation method, 
the tribal allocation varies with the U.S. whiting OY, ranging from a 
low of 14 percent (or less) of the U.S. OY when OY levels are above 
250,000 mt, to a high of 17.5 percent of the U.S. OY when the OY level 
is at or below 145,000 mt. For 2007, using the sliding scale allocation 
method, the tribal allocation will be 32,500 mt. The Makah Tribe is the 
only Washington Coast tribe that requested a whiting allocation for 
2007. The tribal fleet is comprised of five midwater trawlers who 
deliver to shoreside plants and to one at-sea mothership.
    The 2007 commercial OY (non-tribal) for whiting is 208,091 mt. This 
is calculated by deducting the 32,500 mt tribal allocation and 2,000 mt 
for research catch and bycatch in non-groundfish fisheries from the 
242,591 mt U.S. OY. Regulations at 50 CFR 660.323(a)(2) divide the 
commercial OY into separate allocations for the non-tribal catcher/
processor, mothership, and shore-based sectors of the whiting fishery 
and the specific values are found in tables 1a and 2a to part 660 
subpart G.
    The catcher/processor sector is comprised of vessels that harvest 
and process whiting at sea (the fleet has typically been six to nine 
vessels annually since the formation of the Pacific Whiting 
Conservation Cooperative in 1997). The mothership sector is comprised 
of motherships and catcher vessels that harvest whiting for delivery to 
motherships that process the whiting at sea (typically three-six 
motherships operate in the fishery with one mothership also servicing 
the tribal fleet). Motherships are vessels that do not harvest, but 
process the whiting at sea. The shoreside sector is comprised of 
vessels that harvest whiting for delivery to shoreside processors (in 
recent years, the number of participating vessels has ranged from 29 to 
37 vessels, some of which also service the non-tribal mothership 
sector). Each sector receives a portion of the non-tribal commercial 
OY, with the catcher/processors receiving 34 percent (70,751 mt), the 
mothership sector receiving 24 percent (49,942 mt), and the shoreside 
sector receiving 42 percent (87,398 mt), amounts that are roughly an 
11% reduction from 2005 and 2006 levels.
    It should also be noted that whiting is not the only fishery that 
these vessels depend on. Shoreside vessels typically participate in 
other fisheries, such as non-whiting groundfish, crab, and shrimp 
fisheries. Mothership and catcher-processor vessels typically 
participate in the Alaska pollock fishery.
    All whiting caught in 2007 before the effective date of this action 
will be counted against the new 2007 OY. As in the past, the 
specification include fish caught in state ocean waters (0-3 nautical 
miles (nm) offshore) as well as fish caught in the EEZ (3-200 nm 
offshore).

Inseason Adjustments to Fishery Management Measures

    The Pacific Coast Groundfish FMP and its implementing regulations 
at 50 CFR part 660, subpart G, provide for routine management measures 
to be used for inseason management of the Pacific coast groundfish 
fishery. The changes to current 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 March 5-9, 2007, meeting in 
Sacramento, CA. At that

[[Page 19393]]

meeting the Council recommended changes to management measures in 
response to three primary concerns: (1) Higher than expected canary 
rockfish bycatch rates in the non-whiting limited entry trawl fishery 
north of 40[deg]10.00' N. lat. based on newly-available scientific 
information; (2) higher than expected catch of petrale sole in the 
limited entry trawl fishery; and (3) the need for state and Federal 
groundfish regulations to conform in order to minimize confusion for 
the public. To address these concerns, the Council recommended the 
following revisions to groundfish management measures: (1) Close the 
areas shoreward of the trawl Rockfish Conservation Area (RCA) north of 
Cape Alava and between Capa Arago and Humbug Mountain beginning April 
1; (2) adjust the shoreward boundary of the trawl RCA to a line 
approximating the 60-fm (110-m) contour between Leadbetter Point and 
the Oregon-Washington border from April 1 through October 31; (3) 
adjust the seaward boundary of the trawl RCA to a line approximating 
the 150-fm (274-m) contour north of Cascade Head and to a line 
approximating the 200-fm (366-m) contour south of Cascade Head 
beginning April 1 through August 31; (4) adjust the seaward boundary of 
the trawl RCA to the petrale-modified line approximating the 200-fm 
(366-m) contour, coastwide, from November 1 through December 31; (5) 
north of 40[deg]10.00' N. lat., increase cumulative limits for lingcod 
and shortspine thornyhead taken with large and small footrope trawl 
gear, and south of 40[deg]10.00' N. lat., increase cumulative limits 
for lingcod taken with large footrope and midwater trawl gear; (6) 
north of 40[deg]10.00' N. lat., decrease cumulative limits for 
selective flatfish trawls for sablefish, Dover sole, and petrale sole 
beginning May 1; (7) combine cumulative limited entry trawl limits for 
Other Flatfish and arrowtooth flounder coastwide beginning May 1; (8) 
north of 40[deg]10.00' N. lat., reduce cumulative limits for slope 
rockfish for all trawl gears beginning May 1; (9) reduce cumulative 
limits for petrale sole using large and small footrope trawl gears 
coastwide beginning May 1; and (10) adjust Federal regulations to 
conform with Washington recreational fishery management measures to 
prohibit the retention of groundfish seaward of a line approximating 
the 20-fm (37-m) contour from May 21 through September 30, in the area 
from the U.S. border with Canada to the Queets River, WA (47[deg]31.70' 
N. lat.), except on days when the Pacific halibut fishery is open in 
this area, and prohibit the retention of groundfish seaward of a line 
approximating the 30-fm (55-m) contour from March 17 through June 15, 
in the area between the Queets River and Leadbetter Point, except that 
retention of sablefish and Pacific cod is allowed from May 1 through 
June 15.

Overfished Species Bycatch Limits in the Pacific Whiting Fishery

    The availability of overfished species as incidental catch, 
particularly canary rockfish, darkblotched rockfish, and widow 
rockfish, may prevent the industry from harvesting the entire whiting 
OY during 2007. To allow the industry to have the opportunity to 
harvest the higher whiting OY while keeping incidental catch within the 
rebuilding OYs for the incidental species, the Council recommended 
bycatch limits for the overfished species most commonly taken as 
incidental catch in the whiting fishery. With bycatch limits, the 
industry has the opportunity to harvest a larger amount of whiting, if 
they can do so while keeping the incidental catch of specific 
overfished species within adopted bycatch limits. Regulations provide 
for the automatic closure of the commercial (non-tribal) portion of the 
whiting fishery upon attainment of a bycatch limit.
    In recent years, the most constraining overfished species for the 
whiting fishery have been darkblotched, canary and widow rockfish. 
Prior to this final rule, regulations at 50 CFR 660.373 (b)(4) 
contained the following bycatch limits for the commercial sectors (non-
tribal) of the whiting fishery: 4.7 mt for canary, 200 mt for widow, 
and 25 mt for darkblotched rockfish.
    At the March 2007 Council meeting, the Council's groundfish 
management team (GMT) examined the 2007 whiting OY alternatives in 
relation to the potential bycatch of overfished species. With a U.S. OY 
of 242,591 mt and in the absence of any further restrictions, the 
bycatch of canary rockfish was projected to be approximately 3.9 mt, 
the bycatch of widow rockfish was projected to be approximately 217 mt, 
and the bycatch of darkblotched rockfish was projected to be 
approximately 12.4 mt. After considering the projected catch of 
overfished species in all other fishing and research activities, the 
Council recommended that the canary and darkblotched rockfish bycatch 
limits for the whiting fishery remain at 4.7 mt and 25 mt, 
respectively, which were the same limits that were available during the 
2006 primary whiting season. To accommodate current incidental catch 
projections for the non-tribal whiting fishery, the Council recommended 
the widow rockfish bycatch limit be raised to 220 mt, the same bycatch 
limit that was in effect at the end of 2006. With this increase, the 
2007 estimated total catch of widow rockfish is still predicted to be 
well below the 2007 widow rockfish OY of 368 mt.

Limited Entry Trawl Fishery Management Measures

    At its March 2007 meeting, the Council received new data and 
analyses on the catch of groundfish in the limited entry trawl fishery. 
The Council's recommendations for revising 2007 trawl fishery 
management measures focused on modifying the RCA boundary lines and 
trip limits to move vessels away from areas where canary rockfish most 
commonly co-occur with more abundant groundfish stocks, limiting the 
resulting effects of the movement of the fleet on darkblotched 
rockfish, and reducing the availability of petrale sole early in 2007 
in order to better ensure that petrale sole is available for harvest 
later in the 2007 fishing year.
    According to the most recently available West Coast Groundfish 
Observer Program (WCGOP) data, released in late January, 2007, bycatch 
rates for canary rockfish using selective flatfish trawl gear north of 
40[deg]10.00[min] N. lat. were much higher in 2005 than had been 
anticipated. By applying these new bycatch rates to landings of target 
species in the existing fishery bycatch model, NMFS concluded that the 
2005 canary rockfish OY had been exceeded by 2 mt. While estimated 2006 
total catch of canary rockfish has yet to be determined, higher than 
anticipated bycatch rates in the north by selective flatfish trawls 
would be expected to continue in 2006. Based on 2005 WCGOP data 
indicating higher canary rockfish bycatch rates using selective 
flatfish trawls north of 40[deg]10.00[min] N. lat., NMFS believes that 
the canary rockfish OY could be exceeded in 2007 under status quo 
regulations. The 2007 regulatory measures were developed assuming a 
canary rockfish bycatch rate that now has been determined to be too 
low, which results in an underestimate in the predicted impacts to 
canary rockfish. In order to keep catch levels within the canary 
rockfish OY, inseason adjustments are necessary to constrain incidental 
canary rockfish catch in the limited entry non-whiting trawl fishery.
    The Council considered several short term options available to 
reduce impacts on canary rockfish in the non-whiting limited entry 
trawl fishery north of 40[deg]10.00[min] N. lat. to harvest levels 
initially projected for the fisheries during development of the 2007

[[Page 19394]]

management measures: (1) The modification of trawl cumulative limits; 
(2) modifications of the trawl RCA boundaries; and (3) the use of 
management area boundaries and commonly used geographic coordinates, 
defined at 50 CFR 660.302 under ``North-South management area'', to 
provide more area-specific management measures on portions of the coast 
with differential canary rockfish bycatch rates. For the longer term, 
the Council discussed the development of other tools, such as more 
refined area closures, similar to the yelloweye rockfish RCAs, but 
concluded that implementing these types of closures would not be 
routine management measure changes under either the FMP at 6.2.D or 
Federal regulations at 50 CFR 660.370(c).
    Based on analysis of 2005 WCGOP data, the areas of the coast with 
highest bycatch rate of canary rockfish relative to target species 
taken in the non-whiting trawl fishery are: The area shoreward of the 
trawl RCA north of Cape Alava (48[deg]10.00' N. lat.) to the U.S./
Canada boundary; the area shoreward of the trawl RCA between Leadbetter 
Point (46[deg]38.17[min] N. lat.) and the Oregon/Washington border 
(46[deg]16.00' N. lat.); and the area shoreward of the trawl RCA 
between Cape Arago (43[deg]20.83' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.). The Council considered several combinations of 
available management measures and looked at the projected impact of 
these measures on the resource and the fishery. In order to keep 
projected impacts of the non-whiting trawl fishery on canary rockfish 
within the 2007 OY, and to allow fishing opportunities in geographic 
areas with low canary rockfish bycatch, several modifications were 
recommended to the limited entry non-whiting trawl fishery regulations, 
including: (1) Modify the trawl RCA boundaries; (2) close two areas of 
the coast shoreward of the trawl RCA; (3) reduce cumulative limits for 
some species using selective flatfish trawl gear; (4) combine 
arrowtooth and Other Flatfish into a flatfish species group with a 
single, reduced cumulative limit; and (5) increase opportunities for 
lingcod and shortspine thornyheads in areas seaward of the trawl RCA.

Rockfish Conservation Area Boundaries

    The Council determined that, in order to constrain the incidental 
catch of canary rockfish and to prevent exceeding the 2007 canary 
rockfish OY, the limited entry trawl RCA north of 40[deg]10.00[min] N. 
lat. should be expanded shoreward, so that the RCA's shoreward boundary 
is no deeper than a line approximating the 75-fm (137-m) contour for 
the entire year. This RCA expansion is expected to have a dual effect 
of eliminating fishing opportunity in areas with trawl efforts 
exhibiting higher canary rockfish bycatch rates, as well as shifting 
fishing effort to areas exhibiting relatively lower canary rockfish 
bycatch rates. The Council also considered a more refined modification 
of the shoreward RCA boundaries in areas north of 40[deg]10.00' N. lat. 
that would close or substantially restrict areas with the highest 
bycatch rates, as identified from WCGOP data. The areas of highest 
canary rockfish bycatch rates included: The area shoreward of the RCA 
north of Cape Alava; the area shoreward of the RCA between Leadbetter 
Point and the Washington/Oregon border; and the area shoreward of the 
RCA between Cape Arago and Humbug Mountain. The Council's Groundfish 
Management Team (GMT) analyzed the effect of relatively greater 
restrictions in these three areas and, based on that analysis, 
recommended closing the shoreward area north of Cape Alava, closing the 
shoreward area between Cape Arago and Humbug Mountain, and expanding 
the shoreward boundary of the trawl RCA to a line approximating the 60-
fm (110-m) contour during the summer in the area between Leadbetter 
Point and the Oregon/Washington border. The Council also considered 
various alternatives that would leave the area shoreward of the RCA and 
north of Cape Alava open during winter months to reduce the 
disproportionate impact this closure would have on vessels based in 
northern Washington. However, the necessary reductions in cumulative 
trip limits required to keep this area open would make trawling with 
selective flatfish gear not economically viable for many participants 
in the non-whiting trawl fishery. The Council also considered the 
potential impacts of interaction with soft-shelled crab as trawl effort 
is shifted to areas closer to shore between Leadbetter Point and the 
Oregon/Washington border during summer months. The line approximating 
the 60-fm (110-m) depth contour is farther offshore in this area and 
GMT analysis suggested that interactions between groundfish trawlers 
and soft-shelled crab would be minimal if a 60-fm (110-m) shoreward 
boundary were put in place. In order to reduce economic impacts on 
vessels that formerly operated in the nearshore fishing areas, the 
Council supported liberalization, where possible, of the seaward 
boundary of the RCA in order to provide open fishing areas of 
relatively low canary bycatch to accommodate a shift in fishing effort 
from nearshore to offshore waters. The benefits of shifting effort 
offshore are twofold: Since the highest rates of canary bycatch occur 
in the areas shoreward of the RCA, shifting effort seaward of the RCA 
further reduces the effort in the nearshore areas that remain open, 
thus reducing the amount of canary rockfish caught in those areas; and 
some displaced vessels whose effort was concentrated in the areas that 
are now closed may be able to shift their effort seaward of the RCA and 
remain in the fishery.
    Trawl fishing opportunities seaward of the trawl RCA are primarily 
constrained by measures intended to minimize the incidental catch of 
darkblotched rockfish. Data from the NMFS trawl survey, logbook data, 
and anecdotal information from the trawl industry shows that various 
target species and darkblotched rockfish are found in shallower depths 
in the north and move deeper toward the south. The Council considered 
changes to the seaward boundary of the RCA within the context of 
allowing increased fishing opportunity while maintaining protections 
for darkblotched rockfish. Dividing the seaward boundary of the RCA at 
Cascade Head (45[deg]03.83' N. lat.) allows more refined area 
management in response to the depth-based shift in abundance from north 
to south of darkblotched rockfish and target species. North of Cascade 
Head, target species and darkblotched rockfish are more abundant in 
shallower water, so the seaward boundary of the RCA can be shifted 
shoreward to allow increased targeting opportunity while still 
protecting darkblotched rockfish. South of Cascade Head, target species 
and darkblotched rockfish are more abundant in deeper water, so only 
minor adjustments to the seaward boundary of the RCA, which remains 
similar to what was in place at the beginning of 2007, provides 
targeting opportunity while still protecting darkblotched rockfish.
    Based on the information and analysis described above, the Council 
recommended and NMFS is implementing the following changes to the trawl 
RCA north of 40[deg]10.00' N. lat.: North of Cape Alava, and between 
Cape Arago and Humbug Mountain, the shoreward boundary of the RCA is 
shifted to the shore, closing the area shoreward of the RCA for the 
remainder of 2007; between Leadbetter Point and the Oregon/Washington 
border, the shoreward boundary is shifted

[[Page 19395]]

shoreward to a line approximating the 60-fm (110-m) depth contour from 
April 1 through October 31; unless otherwise specified above, the RCA 
will have a shoreward boundary of a line approximating the 75-fm (137-
m) depth contour from April 1 through December 31, 2007; north of 
Cascade Head, the seaward boundary of the trawl RCA is shifted 
shoreward to a line approximating the 150-fm (274-m) depth contour from 
April 1 through August 31, 2007; north of Cascade Head, the seaward 
boundary of the RCA will remain at a line approximating the 200-fm 
(366-m) depth contour from September 1 through October 31, 2007; south 
of Cascade Head, the seaward boundary of the RCA will be shifted 
shoreward to a line approximating the 200-fm (366-m) depth contour from 
April 1 through April 30, and remain at the 200-fm (366-m) depth 
contour through October 31, 2007; north of 40[deg]10.00' N. lat., the 
seaward boundary of the RCA will be shifted shoreward to a line 
approximating the petrale-modified 200-fm (366-m) depth contour from 
November 1 through December 31, 2007.

Limited Entry Trawl Trip Limits

    In addition to area closures, the Council determined that 
cumulative limits in the limited entry trawl fishery north of 
40[deg]10.00' N. lat. should be modified to: Reduce effort and catch of 
target species in order to reduce impacts on co-occurring canary 
rockfish and prevent exceeding the 2007 canary rockfish OY; constrain 
the effect of any fleet movement away from canary rockfish grounds and 
into darkblotched rockfish grounds; and reduce the early 2007 rate of 
petrale sole catch in order to allow more petrale sole to be available 
for harvest later in the 2007 season.
    The Council considered various combinations of cumulative limit 
adjustments paired with RCA modifications and area closures to reduce 
impacts to canary rockfish. As with the RCA boundary revisions, the 
Council's GMT analyzed revisions to trip limits intended to shift 
fishing effort away from areas where canary rockfish are more commonly 
taken as bycatch. The GMT recommended that the Council consider 
reducing sablefish and Dover sole opportunity for vessels using 
selective flatfish trawl gear, in order to provide for a disincentive 
to fish in areas where canary rockfish are found and to shift effort 
away from areas with a relatively high canary rockfish bycatch rate. 
Reductions in petrale sole opportunities were primarily driven by the 
need to slow the catch of petrale sole, but this adjustment also 
results in lower impacts on canary rockfish compared to status quo 
measures.
    Given the need to reduce overall catch and to result in lower 
predicted canary rockfish impacts than under current management 
measures, the GMT also recommended combining the arrowtooth and Other 
Flatfish cumulative limits to enable fishermen to better vary their 
target strategy while still gaining the benefit of reducing canary 
rockfish impacts. GMT estimates showed that this approach allows for 
greater opportunities for those particular target strategies, but that 
the total catch, and thus overfished species impacts, are less than if 
separate cumulative limits were applied.
    Based on these analyses and recommendations the Council recommended 
and NMFS is implementing a decrease in the limited entry selective 
flatfish trawl fishery cumulative limits north of 40[deg]10.00' N. lat. 
beginning May 1: For sablefish from ``8,000 lb per two months'' to 
``5,000 lb per two months'' through December 31, 2007; for Dover sole 
from ``40,000 lb per two months'' to ``38,000 lb per two months'' 
through October 31, 2007 and from ``40,000 lb per two months'' to 
``25,000 lb per two months'' through December 31, 2007; and for petrale 
sole, from ``25,000 lb per two months'' to ``20,000 lb per two months'' 
through August 31, 2007, to ``15,000 lb per two months'' from September 
1 through October 31, and to ``8,000 lb per two months'' from November 
1 through December 31, 2007. The Council also recommended and NMFS is 
implementing, beginning May 1, combining cumulative limits for 
arrowtooth and Other Flatfish within a single cumulative limit for 
Other Flatfish (including arrowtooth). For large and small footrope 
trawl gears, arrowtooth limits are modified from ``100,000 lb per two 
months'' and combined within Other Flatfish limits into a combined 
cumulative limit of ``110,000 lb per two months'' through December 31, 
2007. For selective flatfish trawl gears, arrowtooth limits are 
modified from ``90,000 lb per two months'' and combined within Other 
Flatfish limits into a combined cumulative limit of ``70,000 lb per two 
months'' through October 31, 2007. Beginning November 1, the cumulative 
limit for Other Flatfish, including arrowtooth, taken with selective 
flatfish trawl gear is reduced from ``90,000 lb per two months'' to 
``30,000 lb per two months'' through December 31, 2007.
    In addition to liberalizing the seaward boundaries of the trawl RCA 
north of 40[deg]10.00' N. lat., the Council considered increasing 
cumulative limits for DTS species and lingcod in areas seaward of the 
RCA in order to shift more fishing effort to offshore waters. North of 
40[deg]10.00' N. lat., the Council considered increasing limits for 
lingcod and shortspine thornyheads taken with large and small footrope 
trawl gears, which are only allowed when fishing seaward of the trawl 
RCA, to create incentives to fish in areas with lower canary rockfish 
bycatch rates. South of 40[deg]10.00' N. lat., the Council considered 
increasing limits for lingcod taken with large footrope and midwater 
trawl gears, which are only allowed when fishing seaward of the trawl 
RCA, to accommodate a shift in effort from shoreward areas, and to 
reduce discards of non-constraining target species. The Council 
determined that increasing trip limits for lingcod and shortspine 
thornyhead would help prevent exceeding the 2007 canary rockfish OY, 
reduce unnecessary discards, and reduce economic impacts for the 
following reasons: (1) The shift in effort to areas with lower canary 
rockfish bycatch rates will reduce total coastwide incidental catch of 
canary rockfish; (2) it may reduce the economic impacts on vessels 
displaced by nearshore fishery closures by providing fishing 
opportunity while also constraining incidental catch of canary 
rockfish; and (3) it will reduce unnecessary discards of lingcod and 
shortspine thornyheads.
    Increasing incentives to fish seaward of the trawl RCA will 
increase effort in an area of known darkblotched rockfish abundance; 
accordingly, the Council considered various ways to mitigate these 
impacts and prevent exceeding the 2007 darkblotched rockfish OY.
    Changes to management measures to constrain the catch of canary 
rockfish will also affect the incidental catch of darkblotched rockfish 
and Pacific ocean perch (POP). The incidental catch of darkblotched 
rockfish is likely to increase compared to predicted impacts under 
current management measures, and will be caused by a shift in effort 
away from areas of high canary rockfish bycatch to areas of greater 
darkblotched rockfish and POP abundance. However, POP is not considered 
to be a constraining species in the limited entry trawl fishery; the 
inseason adjustments to management measures implemented by this action 
are anticipated to keep POP total catch well within its 2007 OY of 150 
mt. The Council focused its discussions of various continental slope 
actions to prevent exceeding the 2007 darkblotched rockfish OY, 
including modification of the seaward boundary of the trawl RCA, and 
changes in catch limit opportunities. The Council's GMT

[[Page 19396]]

analyzed the effects of changes in RCA boundaries, cumulative limit 
opportunities, and fishing effort on the incidental catch of 
darkblotched rockfish, and recommended that cumulative limits for slope 
rockfish be decreased to reduce the impact of greater effort occurring 
in areas where darkblotched rockfish are found. The combined effects of 
these actions are predicted to result in a total 2007 catch of 
darkblotched rockfish that is lower than the 2007 OY. Catch of 
darkblotched rockfish will be monitored and action can be taken 
inseason if necessary to modify the trawl RCA and cumulative limits to 
keep total catch within the 2007 darkblotched rockfish OY.
    Based on these analyses and recommendations, the Council 
recommended and NMFS is implementing an increase in the limited entry 
trawl fishery cumulative limits taken with large and small footrope 
trawl gears north of 40[deg]10.00[min] N. lat. beginning May 1 through 
December 31, 2007: For lingcod from ``1,200 lb per two months'' to 
``4,000 lb per two months''; and for shortspine thornyheads from 
``7,500 lb per two months'' to ``10,000 lb per two months''. South of 
40[deg]10.00' N. lat., limited entry trawl fishery cumulative limits 
for lingcod taken with large footrope and midwater trawl gears will 
increase, beginning May 1 through December 31, 2007, from ``1,200 lb 
per two months'' to ``4,000 lb per two months''. The Council also 
recommended and NMFS is implementing a decrease in the limited entry 
trawl fishery cumulative limits for minor slope and darkblotched 
rockfish north of 40[deg]10.00' N. lat., beginning May 1 through 
December 31, 2007, from ``4,000 lb per two months'' to ``1,500 lb per 
two months''.
    In early February 2007, NMFS received preliminary fishery data 
showing higher than expected limited entry trawl landings of petrale 
sole. NMFS estimated that the catch of petrale sole could be 1,200 mt 
out of a coastwide OY of 2,499 by the end of February. On February 9, 
NMFS issued a public notice asking for industry cooperation in reducing 
petrale sole catch to keep petrale sole from exceeding the 2007 OY, and 
still allow for management flexibility to keep petrale sole fishing 
opportunities throughout the calendar year. As a result of this 
voluntary action, significant reductions in catch occurred during the 
remainder of February and petrale sole catch was estimated to be 
between 850 and 900 mt at the end of February. In an effort to slow the 
catch of petrale sole, to prevent exceeding the 2007 OY, and allow 
petrale sole target opportunities through the end of 2007, the Council 
considered reductions of petrale sole cumulative limits in the limited 
entry trawl fishery. Industry representatives indicated that petrale 
sole limits less than 20,000 lbs (9,072 kg) per two months were not 
economically sustainable, given the cost of fuel needed to access that 
catch. The Council also considered the effects of petrale sole 
cumulative limit reductions on the bycatch of canary rockfish.
    Based on these analyses and information, the Council recommended 
and NMFS is implementing a decrease in the limited entry trawl fishery 
cumulative limits for petrale sole north of 40[deg]10.00[min] N. lat.: 
Beginning May 1 through October 31, 2007, from ``25,000 lb per two 
months'' to ``20,000 lb per two months''; and beginning November 1 
through December 31, 2007, from ``50,000 lb per two months'' to 
``30,000 lb per two months''. South of 40[deg]10.00[min] N. lat., 
beginning May 1 through October 31, 2007, the Council recommended and 
NMFS is implementing reductions in cumulative limits for petrale sole 
from ``30,000 lb per two months'' to ``25,000 lb per two months''.

Washington's Recreational Groundfish RCA

    The States of Washington and Oregon manage canary and yelloweye 
rockfish under a joint harvest guideline for their recreational 
fisheries. The states modify portions of their recreational fisheries, 
through inseason adjustment to state regulations, in order to keep 
catch within the harvest guidelines for canary and/or yelloweye 
rockfish.
    During 2005, after receiving inseason recreational catch data, the 
Washington Department of Fish and Wildlife's (WDFW) revised catch 
projections for the year indicated that the state harvest targets for 
canary and yelloweye rockfish would be prematurely attained, and WDFW 
took action to prevent exceeding the Washington/Oregon harvest 
guidelines for these species. For 2006, new Washington recreational 
management measures were adopted to avoid early canary and yelloweye 
rockfish harvest guideline attainment. During development of the 2007-
2008 groundfish specifications and management measures, WDFW identified 
additional RCA restrictions that could be in place if needed, based on 
harvest data through 2005. These additional restrictions were adopted 
by the Council and implemented by NMFS in the final rule for the 2007-
2008 groundfish specifications and management measures (71 FR 78638). 
New 2006 harvest estimates, based on data collected in WDFW's Ocean 
Sampling Program, indicated that the Washington recreational fishery 
stayed well below their portion of the 2006 Oregon/Washington harvest 
guidelines, harvesting 1.28 mt of canary and 1.70 mt of yelloweye (out 
of the 2006 Oregon/Washington harvest guidelines of 8.5 mt and 6.7 mt 
for canary and yelloweye rockfish, respectively). The 2007 Oregon/
Washington canary and yelloweye rockfish harvest guidelines are 8.2 mt 
and 6.8 mt, respectively. At the March 2007 meeting, WDFW requested 
that the duration of the closure of the Washington recreational RCAs be 
shortened for 2007 and 2008 to reduce the adverse impacts on 
Washington's coastal communities from the additional restrictions 
implemented as part of the 2007-2008 specifications and management 
measures. Compared to the duration of the Washington recreational RCAs 
implemented in the 2007-2008 specifications, the 2007-2008 closure 
north of Queets River will be 20 days shorter and between the Queets 
River and Leadbetter Point, the 2007-2008 closure will be 46 days 
shorter. Based on data from the 2006 Washington recreational fisheries, 
the revised RCA restrictions are still expected to constrain total 
catch of canary and yelloweye rockfish to stay within the shared Oregon 
and Washington harvest guidelines.
    Therefore, the Pacific Council recommended and NMFS is 
implementing: (1) A prohibition of groundfish fishing in the Washington 
recreational fishery, north of the Queets River and seaward of a line 
approximating the 20-fm (37-m) contour from May 21-September 30, except 
on days when the Pacific halibut fishery is open in this area; and (2) 
a prohibition of groundfish fishing in the Washington recreational 
fishery, between the Queets River and Leadbetter Point seaward of a 
line approximating the 30-fm (55-m) contour from March 17-June 15, 
except retention of sablefish and Pacific cod is allowed from May 1-
June 15.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Final Whiting Specifications for 2007 and Inseason Adjustments to 
Fishery Management Measures

    The final whiting specifications and management measures for 2007 
are issued under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), and are in

[[Page 19397]]

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 the 2007 Pacific whiting 
specifications under 5 U.S.C. 553(b)(B) because notice and comment 
would be impracticable and contrary to the public interest. Also for 
the same reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective as close as possible to the April 1, 2007, fishery 
start date.
    The proposed rulemaking to implement the 2007 specifications and 
management measures, published on September 29, 2006 (71 FR 57764), 
first explained the need to delay adopting the whiting ABC and harvest 
specifications until after the March 2007 and March 2008 Council 
meetings. NMFS requested public comment on the proposed rule through 
October 31, 2006. The final rule, published on December 29, 2006 (71 FR 
78638), again explained the range in the specifications and that the 
final OY and ABC would be recommended at the Council's March 2007 and 
2008 meetings.
    The FMP requires that fishery specifications be evaluated 
periodically using the best scientific information available. Every 
year NMFS does a stock assessment in which U.S. and Canadian scientists 
cooperate. The 2007 stock assessment for whiting was prepared in early 
2007, the earliest possible time to conduct an assessment incorporating 
2006 data. Whiting differs from other groundfish species in that it has 
a shorter life span and the population exhibits greater recruitment 
variability. Thus, it is important to use the most recent fisheries and 
survey data in stock assessment when determining ABC and OY. Because of 
the timing of the assessment, the results are not available for use in 
developing the new ABC and OY until just before the Council's annual 
March meeting. The Council made its recommendations at its March 5-9, 
2007 meeting in Sacramento, CA.
    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 the Pacific whiting and related 
fisheries using the best available science by approaching without 
exceeding the OYs for federally managed species. The adjustments to 
management measures in this document affect commercial trawl fisheries 
off Washington, Oregon, and California and recreational fisheries off 
Washington. These adjustments to management measures must be 
implemented immediately to: Prevent exceeding the 2007 OYs for petrale 
sole, widow rockfish, and canary rockfish; prevent premature closure of 
fisheries; and eliminate confusion for the public and to improve 
enforcement by ensuring that Federal and state recreational regulations 
conform to each other.
    Changes to the cumulative limits in the limited entry trawl fishery 
and to the trawl RCA are needed to reduce the projected bycatch of 
canary rockfish, a groundfish species that is currently subject to 
rebuilding requirements. The projected bycatch of canary rockfish must 
be reduced in order to keep coastwide fisheries from exceeding that 
species's rebuilding OY. Changes to the trawl RCA to reduce the bycatch 
of canary rockfish must be implemented as close as possible to the 
April 1, 2007 start of the fishing season so that the total catch of 
canary rockfish stays within its 2007 OY, as defined in the rebuilding 
plan for this species. Changes to petrale sole cumulative limits in the 
limited entry trawl fishery must be implemented in a timely manner by 
May 1, 2007, so that harvest of petrale sole stays within the harvest 
levels projected for 2007 and so that petrale sole catch is available 
for harvest for as long as possible throughout the year.
    Changes to the non-tribal whiting widow rockfish bycatch limit must 
be implemented as close as possible to the start of the California 
whiting fishery, on April 1, 2007. Ensuring that the bycatch limit is 
in place by the season start date provides an opportunity for 
participants in this fishery to catch the available whiting quota 
without reaching or exceeding the bycatch limit of widow rockfish or 
its OY, prematurely closing the fishery.
    Changes to the Washington recreational groundfish RCA must be 
implemented in a timely manner by May 1, 2007, to allow the 
recreational fishermen to fish in the newly opened area in the EEZ, in 
order to eliminate confusion for the public, and to improve enforcement 
by ensuring that Federal and state recreational regulations conform to 
each other.
    These revisions are needed to protect overfished groundfish species 
and to keep the harvest of other groundfish species within the harvest 
levels projected for 2007, while allowing fishermen access to healthy 
stocks. Without these measures in place, the fisheries could risk 
exceeding harvest levels early in the year, causing early and 
unanticipated fishery closures and economic harm to fishing 
communities. Delaying these changes would keep management measures in 
place that are not based on the best available data and which could 
lead to early closures of the fishery if harvest of groundfish exceeds 
levels projected for 2007. Such delay 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. In addition, it is also in the 
public interest to implement the recreational measures in this notice 
as soon as possible to improve enforcement and eliminate confusion for 
the public by removing differences between different regulations that 
affect the same waters and fisheries.
    The environmental impacts associated with the Pacific whiting 
harvest levels being adopted by this action are considered in the final 
environmental impact statement for the 2007-2008 specifications and 
management measures. Copies of the FEIS and the ROD are available from 
the Council (see ADDRESSES).
    Pursuant to Executive Order 13175, this action was developed after 
meaningful consultation and collaboration with tribal officials from 
the area covered by the FMP. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Council must be a 
representative of an Indian tribe with federally recognized fishing 
rights from the area of the Council's jurisdiction. In addition, 
regulations implementing the FMP establish a procedure by which the 
tribes with treaty fishing rights in the area covered by the FMP 
request new allocations or regulations specific to the tribes, in 
writing, before the first of the two meetings at which the Council 
considers groundfish management measures. Only the Makah Tribe 
requested a whiting allocation for 2007. The regulations at 50 CFR 
660.324(d) further state ``the Secretary will develop tribal 
allocations and regulations under this paragraph in consultation with 
the affected tribe(s) and, insofar as possible, with tribal 
consensus.'' The tribal whiting allocation finalized by this final rule 
was recommended by the Council based on the sliding scale allocation 
formula described above.

List of Subjects in 50 CFR Part 660

    Fishing, Fisheries, and Indian fisheries.


[[Page 19398]]


    Dated: April 11, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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

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

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


0
2. In Sec.  660.373, paragraph (b)(4) is revised to read as follows:


Sec.  660.373  Pacific whiting (whiting) fishery management.

* * * * *
    (b) * * *
    (4) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be used in season 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 Sec.  
660.370(c)(1)(ii). These limits are routine management measures under 
Sec.  660.370(c) and, as such, may be adjusted inseason or may have new 
species added to the list of those with bycatch limits. The whiting 
fishery bycatch limits for the sectors identified in Sec.  660.323(a) 
are: 4.7 mt of canary rockfish; 220 mt of widow rockfish; and 25 mt of 
darkblotched rockfish.
* * * * *

0
3. In Sec.  660.384, paragraphs (c)(1)(i)(C)(1) and (2) are revised to 
read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (C) * * *
    (1) Between the U.S. border with Canada and the Queets River, 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20-fm (37-m) depth contour from May 21 through 
September 30, except on days when the Pacific halibut fishery is open 
in this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Coordinates for the boundary line approximating the 20-fm 
(37-m) depth contour are listed in Sec.  660.391.
    (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 17, 2007, 
through June 15, 2007, except that recreational fishing for sablefish 
and Pacific cod is permitted within the recreational RCA from May 1 
through June 15. In 2008, recreational fishing for groundfish is 
prohibited seaward of a boundary line approximating the 30-fm (55-m) 
depth contour in from March 15, 2008, through June 15, 2008, except 
that recreational fishing for sablefish and Pacific cod is permitted 
within the recreational RCA from May 1 through June 15. Coordinates for 
the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec.  660.391.
* * * * *

0
4. Table 1a to part 660 subpart G is revised to read as follows.
BILLING CODE 3510-22-P

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0
5. Tables 3 (North) and 3 (South) to part 660 subpart G are revised to 
read as follows.
BILLING CODE 3510-22-P

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[FR Doc. 07-1917 Filed 4-17-07; 8:45 am]
BILLING CODE 3510-22-C


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