Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22679 

Butterfish Fishery Management Plan 

(FMP). The procedures for setting the 

annual initial specifications are 

described in § 648.22. 

The longfin DAH for the 2012 fishing 

year (FY) is 22,220 mt, and is allocated 

into three trimesters: Trimester 1 

(January 1–April 30) is allocated 43 

percent of the quota (9,555 mt); 

Trimester 2 (May 1–August 31) is 

allocated 17 percent of the quota (3,777 

mt); and Trimester 3 (September 1– 

December 31) is allocated 40 percent of 

the quota (8,888 mt) (77 FR 16472, 

March 21, 2012). 

The regulations also require the 

specification of a butterfish mortality 

cap in the longfin fishery, which is 

equal to 75 percent of the butterfish 

ABC, and accounts for all butterfish 

discards and landings caught on trips 

that land over 2,500 lb (1.13 mt) of 

longfin. The remaining 25 percent of the 

butterfish ABC is allocated for butterfish 

landed in the directed longfin fishery, as 

well as in other fisheries, including trips 

landing less than 2,500 lb (1.13 mt) of 

longfin. The butterfish ABC for FY 2012 

is 1,811 mt, which corresponds to a 

butterfish mortality cap of 1,436 mt (75 

percent of 1,811 mt). The butterfish 

mortality cap is also allocated by 

trimester: Trimester 1 is allocated 65 

percent of the butterfish mortality cap 

(933.4 mt); Trimester 2 is allocated 3.3 

percent (47.4 mt); and Trimester 3 is 

allocated 31.7 percent (455.2 mt). 

Section 648.24 requires NMFS to 

close the directed longfin fishery in the 

EEZ when 80 percent of the Trimester 

I butterfish mortality cap (747 mt) is 

projected to be harvested. NMFS is 

further required to notify, in advance of 

the closure, the Executive Directors of 

the Mid-Atlantic, New England, and 

South Atlantic Fishery Management 

Councils; mail notification of the 

closure to all holders of longfin permits 

at least 72 hr before the effective date of 

the closure; and publish notification of 

the closure in the Federal Register. 

This action announces that NMFS has 

determined, based on catch data from 

observed trips, dealer reports, and other 

available information, that 80 percent of 

the Trimester 1 butterfish mortality cap 

is projected to be harvested. Therefore, 

effective 0001 hours, April 17, 2012, the 

Trimester 1 directed longfin fishery is 

closed and vessels issued Federal 

permits for longfin may not retain or 

land more than 2,500 lb (1.13 mt) of 

longfin per trip or calendar day. The 

directed fishery will reopen at 0001 

hours, May 1, 2012. 

Classification 

This action is required by 50 CFR part 

648, and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

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

prior notice and the opportunity for 

public comment because it would be 

impracticable and contrary to the public 

interest. This action closes the Trimester 

1 directed longfin fishery through April 

30, 2012, under current regulations. The 

regulations at § 648.24 require such 

action to ensure that longfin vessels do 

not exceed the 2012 Trimester 1 

butterfish mortality cap. Data indicating 

the longfin fleet will have landed at 

least 80 percent of the 2012 butterfish 

mortality cap on trips that land 2,500 lb 

or more of longfin have only recently 

become available. If implementation of 

this closure is delayed to solicit prior 

public comment, the butterfish 

mortality cap for Trimester 1 will be 

exceeded, thereby undermining the 

conservation objectives of the FMP. 

Such overage would have to be 

deducted from that portion of the 

bycatch cap allocated to Trimester 3. 

This would have adverse economic 

consequences for those that fish for 

longfin in the fall. The AA further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

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

Dated: April 12, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9230 Filed 4–12–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–1265–02] 

RIN 0648–BC02 

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. 

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) 

May 1, 2012. Comments on this final 

rule must be received no later than May 

17, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS docket number 

NOAA–NMFS–2010–0194 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Colby 

Brady 

• 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:// 

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, colby.brady@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpo.gov/fdsys/search/home.action. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 


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22680 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 

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 

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 (76 FR 39313, 

76 FR 67092, 76 FR 79122, 77 FR 

12503). On September 27, 2011, NMFS 

published a proposed rule to implement 

final 2012 specifications for overfished 

species and assessed flatfish species 

pursuant to Secretarial Amendment 1 to 

the Groundfish FMP (76 FR 59634). 

That final rule was effective January 1, 

2012. These specifications and 

management measures are codified in 

the CFR (50 CFR part 660, subparts C 

through G). 

Changes to current groundfish 

management measures implemented by 

this action were recommended by the 

Council, in consultation with the States 

of Washington, Oregon, and California, 

at its March 2–March 7, 2012, meeting 

in Sacramento, California. The Council 

recommended adjusting the biennial 

groundfish management measures for 

the remainder of the biennial period to 

respond to updated fishery information 

and an additional inseason management 

need to adjust the trawl RCA 

boundaries. The adjustment to fishery 

management measures are not expected 

to result in greater impacts to overfished 

species than originally projected 

through the end of 2012. Estimated 

mortality of overfished and target 

species are the result of management 

measures designed to achieve, to the 

extent possible, but not exceed, annual 

catch limits (ACLs) of target species 

while fostering the rebuilding of 

overfished stocks by remaining within 

their rebuilding ACLs. 

Trawl Rockfish Conservation Area 

The Council recommended, and 

NMFS is implementing, an adjustment 

to the shoreward line of the trawl 

Rockfish Conservation Area (RCA) in 

Washington State, south of Cape Alava 

and in northern California, north Cape 

Mendocino from the 75 fathom line 

(137-m) to the 100 fathom line (183-m) 

during Period 3, (May 1–June 30) and 

Period 5, (September 1–August 31) from 

40°10′ N. lat. to 48°10′ N. lat. 

The Council received a request to 

review the effects of an adjustment to 

the shoreward boundary line of the 

trawl RCA south of 48°10′ N. lat and 

north of 40°10′ N. lat. from 75 fm to 100 

fm for Period 3 (May 1–June 30) and 

Period 5 (September 1–October 31) to 

open some additional shelf areas. The 

Council considered time-weighted 

historical average bycatch rates 

stratified by depth and newly available 

observer data for this area in Periods 3 

and 5, in the area shoreward of 100 fm, 

verses the area shoreward of 75 fm, 

which did indicate that the probability 

of encountering canary rockfish, 

darkblotched rockfish, Pacific ocean 

perch (POP), and yelloweye rockfish 

could be higher than if status quo 

shoreward boundaries remained in 

place. However, attainments of ACLs for 

these rebuilding species was low under 

IFQ management in 2011, and 

attainments of ACLs are currently 

(through March 5, 2012) tracking low in 

2012 (0.6%, 5.8%, 2.9% and 0.2% 

respectively). Finally, the Council 

considered the potential positive impact 

of individual accountability, a goal of 

the trawl rationalization program, when 

making the decision to adjust the 

shoreward line of the trawl Rockfish 

Conservation Area (RCA). 

Therefore, the Council recommended, 

and NMFS is implementing a shift to 

the shoreward line of the trawl Rockfish 

Conservation Area (RCA) in Washington 

State, south of Cape Alava and in 

northern California, north Cape 

Mendocino from the 75 fathom line 

(137-m) to the 100 fathom line (183-m) 

during Period 3 (May 1–June 30), and 

Period 5 (September 1–August 31), from 

40°10′ N. lat. to 48°10′ N. lat. 

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 MagnusonStevens 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 trawl 

Rockfish Conservation Area (RCA) 

management measure changes are based 

was originally provided to the Council, 

and the Council made its 

recommendations, at its March 2–7, 

2012. The Council recommended that 

these changes be implemented by May 

1, 2012. 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 commercial fisheries off northern 

California to Washington State. 

These adjustments to management 

measures must be implemented in a 

timely manner to allow fishermen north 

of 40°10′ N. lat. to prosecute their 

intended fishing strategies under trawl 

rationalization. If this rule is not 

implemented immediately, the public 

could 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 Council. 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. 

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. 

Delaying these changes would also 

keep management measures in place 

that are not based on the best available 

information. Accordingly, for the 


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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22681 

reasons stated above, NMFS finds good 

cause to partially waive prior notice and 

comment and the delay in effectiveness. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian Fisheries. 

Dated: April 12, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

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. 

■ 2. Table 1 (North) to part 660, subpart 

D is revised to read as follows: 

BILLING CODE 3510–22–P 


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22682 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 

[FR Doc. 2012–9248 Filed 4–16–12; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100223162–1268–01] 

RIN 0648–XB120 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #1, #2, and 

#3 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons 

and landing and possession limits; 

request for comments. 

SUMMARY: NOAA Fisheries announces 3 

inseason actions in the ocean salmon 

fisheries. These inseason actions 

modified the commercial and 

recreational fisheries in the area from 

Cape Falcon, Oregon to Point Arena, 

California. 

DATES: The effective dates for the 

inseason action are set out in this 

document under the heading Inseason 

Actions. Inseason actions remain in 

effect until modified by additional 

inseason action or superseded by the 

2012 annual management measures on 

May 1, 2012. Comments will be 

accepted through May 2, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2011–0171, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2011–0171 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–6349. 

• Fax: 206–526–6736, Attn: Peggy 

Mundy. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.) 

submitted voluntarily by the sender will 

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). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

In the 2011 annual management 

measures for ocean salmon fisheries (76 

FR 25246, May 4, 2011), NMFS 

announced the commercial and 

recreational fisheries in the area from 

the U.S./Canada Border to the U.S./ 

Mexico Border, beginning May 1, 2011, 

and 2012 salmon seasons opening 

earlier than May 1, 2012. 

NMFS is authorized to implement 

inseason management actions to modify 

fishing seasons and quotas as necessary 

to provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). Prior 

to taking inseason action, the Regional 

Administrator (RA) consults with the 

Chairman of the Pacific Fishery 

Management Council (Council) and the 

appropriate State Directors (50 CFR 

660.409(b)(1)). 

Management of the salmon fisheries is 

generally divided into two geographic 

areas: north of Cape Falcon (U.S./ 

Canada Border to Cape Falcon, Oregon) 

and south of Cape Falcon (Cape Falcon, 

Oregon to the U.S./Mexico Border). The 

inseason actions in this document all 

apply south of Cape Falcon. 

Inseason Actions 

Inseason Action #1 

The RA consulted with 

representatives of the Council, 

California Department of Fish and Game 

(CDFG), and Oregon Department of Fish 

and Wildlife (ODFW) on March 5, 2012. 

The information considered during this 

consultation related to projected 

abundance of Chinook salmon stocks for 

the 2012 salmon fishing season. 

Inseason action #1 changed the 

minimum size limit for Chinook salmon 

caught in the recreational salmon 

fishery from Horse Mountain, California 

to Point Arena, California beginning 

April 7, 2012. The minimum size limit 

for this fishery will be 20 inches total 

length, which is reduced from 24 inches 

as previously announced. This action 

was taken to allow access to abundant 

3-year old Sacramento River fall 

Chinook salmon. On March 5, 2012, the 

states recommended this action and the 

RA concurred; inseason action #1 took 

effect on April 7, 2012. This inseason 

action remains in effect until 

superseded by inseason action or 

implementation of 2012 annual 

management measures which will be 

effective on May 1, 2012. This inseason 

action is authorized by 50 CFR 

660.409(b)(1). 

Inseason Actions #2 and #3 

The RA consulted with 

representatives of the Council, ODFW, 

and CDFG on March 6, 2012. The 

information considered during this 

consultation related to projected 

abundance of Chinook salmon stocks for 

the 2012 salmon fishing season. 

Inseason action #2 adjusted the 

scheduled opening date for the 

commercial salmon fishery from Cape 

Falcon, Oregon to Humbug Mountain, 

Oregon. Inseason action #3 adjusted the 

scheduled opening date for the 

commercial salmon fishery from 

Humbug Mountain, Oregon to the 

Oregon/California Border. These 

fisheries will open on April 1, 2012 

rather than March 15, 2012 as 

previously scheduled in the 2011 

annual management measures. This 

action was taken as part of developing 

2012 annual management measures to 

provide fisheries consistent with annual 

catch limits and conservation objectives, 

while meeting consultation standards 

on ESA-listed stocks. Fishery models 

suggested that this delay in opening 

would provide the best opportunity for 

optimal harvest without exceeding the 

guidelines of the FMP. On March 6, 

2012, the states recommended this 

action and the RA concurred; inseason 

action #2 took effect on March 15, 2012. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2011 Ocean Salmon Fisheries and 2012 

fisheries opening prior to May 1, 2012 

(76 FR 25246, May 4, 2011). 

The RA determined that the best 

available information indicated that the 

stock abundance, and catch and effort 

projections supported the above 


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