[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12503-12505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4989]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-BB88


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Biennial Specifications and Management Measures; Inseason Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

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

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SUMMARY: This final rule announces inseason changes to management 
measures in the 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) March 1, 2012. Comments on 
this final rule must be received no later than April 2, 2012.

ADDRESSES: You may submit comments, identified by FDMS docket number 
NOAA-NMFS-2010-0194 by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal 
http:[sol][sol]www.regulations.gov.
    <bullet> Fax: 206-526-6736, Attn: Colby Brady
    <bullet> Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Colby Brady.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http:[sol][sol]www.regulations.gov 
without change. All Personal Identifying Information (for example, 
name, address, etc.) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS), 
phone: 206-526-6117, fax: 206-526-6736, <a href="/cdn-cgi/l/email-protection#f4979b98968dda968695908db49a9b9595da939b82"><span class="__cf_email__" data-cfemail="9bf8f4f7f9e2b5f9e9faffe2dbf5f4fafab5fcf4ed">[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:[sol][sol]www.gpo.gov/fdsys/search/
home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at 
http:[sol][sol]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, 
subparts C through G, regulate fishing for over 90 species of 
groundfish off the coasts of Washington, Oregon, and California. 
Groundfish specifications and management measures are developed by the 
Pacific Fishery Management Council (Council), and are implemented by 
NMFS.
    On November 3, 2010, NMFS published a proposed rule to implement 
the 2011-2012 harvest specifications

[[Page 12504]]

and management measures for most species of the Pacific Coast 
groundfish fishery (75 FR 67810). The final rule to implement the 2011-
12 harvest specifications and management measures for most species of 
the Pacific Coast Groundfish Fishery was published on May 11, 2011 (76 
FR 27508). This final rule was subsequently amended by several inseason 
actions including the one that is referenced in this action, which 
published on December 21, 2011 (76 FR 79122).
    This inseason action contains a modification to Washington state 
lingcod recreational management measures implemented in the December 
21, 2011, final rule (76 FR 79122).

Background and Need for Clarification of Washington State Lingcod 
Recreational Fishery Management Measures

    The Council recommended adjusting the biennial groundfish 
management measures for the remainder of the biennial period to respond 
to updated fishery information and other inseason management needs at 
its November 2-November 6 meeting in Costa Mesa, California. One of the 
changes included adoption of regulations that would create a lingcod 
recreational fishing closure off Washington to conform with state 
regulations. NMFS implemented this change by inseason action on 
December 21, 2011 (76 FR 79122). As published, the final regulations 
contained errors within Sec.  660.360(c)(1)(i)(D)(2) of the Code of 
Federal Regulations (CFR) that may mislead the public and needs to be 
clarified. This clarification will establish the appropriate language 
in that paragraph.
    In establishing the new closure for lingcod, regulations 
unintentionally allowed lingcod fishing between a boundary line 
approximating the 30-fm (55-m) depth contour and the new lingcod 
closure area from March 15 through June 15. This is inconsistent with 
the intent of the regulations, which was to close the areas both 
seaward of the 30-fm (50-m) boundary line and the area seaward of the 
new lingcod closure line. Those area restrictions would both apply on 
the dates that were outlined, except on days that the primary halibut 
fishery is open. As published, the regulations in this paragraph do not 
fully implement the Council's recommendation. This regulation would be 
confusing to the public if it is not clarified.
    Therefore, as the Council recommended, NMFS is implementing a 
lingcod recreational fishery area closure as follows: Lingcod fishing 
is prohibited year round, except in Marine Area 2 on days when the 
Pacific halibut fishery is open, in the area seaward (West) of a 
straight line connecting all of the following points in the order 
stated: 47[deg]31.70' N. lat., 124[deg]45.00' W. long.; 46[deg]38.17' 
N. lat., 124[deg]30.00' W. long.; 46[deg]38.17' N. lat., 124[deg]21.00' 
W. long.; and 46[deg]25.00' N. lat., 124[deg]21.00' W. long.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures based on the best available information and 
is taken pursuant to the regulations implementing the Pacific Coast 
Groundfish FMP.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    This inseason adjustment is also taken under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and is in accordance with 50 CFR part 660, the 
regulations implementing the FMP. This action is based on the most 
recent information available.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b)(3)(B) because notice and comment would 
be impracticable and contrary to the public interest. Also, for the 
same reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective as quickly as possible.
    The recently available information upon which the changes to the 
Washington recreational management measure changes are based was 
originally provided to the Council, and the Council made its 
recommendations, at its November 2-6, 2011, meeting in Costa Mesa, 
California. The Council recommended that these changes be implemented 
by January 1, 2012 or as quickly as possible thereafter. For the 
actions to be implemented in this final rule, affording the time 
necessary for prior notice and opportunity for public comment would 
prevent NMFS from managing fisheries using the best available science 
to approach, without exceeding, the ACLs for federally managed species 
in accordance with the FMP and applicable laws. The adjustments to 
management measures in this document affect recreational fisheries off 
Washington State.
    These adjustments to management measures must be implemented in a 
timely manner: To conform federal regulations to the new Washington 
State lingcod recreational fishing area closure prior to the March 17 
opening of the recreational fishery. If this rule is not implemented 
immediately, the public will have incorrect information regarding 
boundaries used, and allowed fishing activities for groundfish 
fisheries management, which would cause confusion and be inconsistent 
with the intent of the December 21, 2011 inseason action. It would be 
contrary to the public interest to delay implementation of these 
changes until after public notice and comment, because making this 
regulatory change immediately allows harvest as intended by the Council 
in fisheries that are important to coastal communities in a manner that 
prevents ACLs of overfished species from being exceeded, preventing 
premature closure of the recreational fishery.
    No aspect of this action is controversial and no change in 
operating practices in the fishery is required from those intended in 
this inseason adjustment, as state regulations are already in place to 
the effect of this conforming action.
    Delaying these changes would also keep management measures in place 
that are not based on the best available information. Accordingly, for 
the reasons stated above, NMFS finds good cause to waive prior notice 
and comment and the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: February 27, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.


0
2. In Sec.  660.360, paragraph (c)(1)(i)(D)(2) is revised to read as 
follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (D) * * *
    (2) Between the Queets River (47[deg]31.70' N. lat.) and Leadbetter 
Point

[[Page 12505]]

(46[deg]38.17' N. lat.) (Washington state Marine Area 2), recreational 
fishing for groundfish, is prohibited seaward of a boundary line 
approximating the 30 fm (55 m) depth contour from March 15 through June 
15 with the following exceptions: Recreational fishing for lingcod is 
permitted within the RCA on days that the primary halibut fishery is 
open; recreational fishing for rockfish is permitted within the RCA 
from March 15 through June 15; recreational fishing for sablefish and 
Pacific cod is permitted within the recreational RCA from May 1 through 
June 15. In addition to the RCA described above, between the Queets 
River (47[deg]31.70' N. lat.) and Leadbetter Point (46[deg]38.17' N. 
lat.) (Washington state Marine Area 2), recreational fishing for 
lingcod is prohibited year round seaward of a straight line connecting 
all of the following points in the order stated: 47[deg]31.70' N. lat., 
124[deg]45.00' W. long.; 46[deg]38.17' N. lat., 124[deg]30.00' W. long. 
with the following exceptions: On days that the primary halibut fishery 
is open lingcod may be taken, retained and possessed within the lingcod 
area closure. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Retention of lingcod seaward of the boundary line 
approximating the 30 fm (55 m) depth contour south of 46[deg]58' N. 
lat. is prohibited on Fridays and Saturdays from July 1 through August 
31. For additional regulations regarding the Washington recreational 
lingcod fishery, see paragraph (c)(1)(iv) of this section. Coordinates 
for the boundary line approximating the 30 fm (55 m) depth contour are 
listed in Sec.  660.71.
* * * * *
[FR Doc. 2012-4989 Filed 2-29-12; 8:45 am]
BILLING CODE 3510-22-P


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