Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72385 

(v) § 234.219 (Gate arm lights and 

light cable); 

(vi) § 234.221 (Lamp voltage); 

(vii) § 234.223 (Gate arm); 

(viii) § 234.225 (Activation of warning 

system); 

(ix) § 234.227 (Train detection 

apparatus)—if a train detection circuit is 

employed to determine the train’s 

presence; 

(x) § 234.229 (Shunting sensitivity)—

if a conventional track circuit is 

employed; 

(xi) § 234.231 (Fouling wires)—if a 

conventional train detection circuit is 

employed; 

(xii) § 234.233 (Rail joints)—if a track 

circuit is employed; 

(xiii) § 234.235 (Insulated rail 

joints)—if a track circuit is employed; 

(xiv) § 234.237 (Reverse switch cutout circuit); or 

(xv) § 234.245 (Signs). 

(e) Separate justification for other 

than fail-safe design. Deviation from the 

requirement of § 234.203 (Control 

circuits) that circuits be designed on a 

fail-safe principle must be separately 

justified at the component, subsystem, 

and system level using the criteria of 

§ 236.909 of this chapter. 

(f) Software management control for 

certain systems not subject to a 

performance standard. Any processorbased system, subsystem, or component 

subject to this part, which is not subject 

to the requirements of part 236, subpart 

H of this chapter but which provides 

safety-critical data to a signal or train 

control system shall be included in the 

software management control plan 

requirements as specified in § 236.18 of 

this chapter. 

PART 236—[AMENDED] 

■ 3. The authority citation for part 236 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20501–

20505; 28 U.S.C. 2461, note; and 49 CFR 

1.49. 

■ 4. Amend § 236.913 by revising 

paragraph (c)(1) to read as follows: 

§ 236.913 Filing and approval of PSPs. 

* * * * * 

(c) * * * 

(1) Not less than 180 days prior to 

planned use of the product in revenue 

service as described in the PSP or PSP 

amendment, the railroad shall submit an 

informational filing to the Associate 

Administrator for Safety, FRA, 1120 

Vermont Avenue, NW., Mail Stop 25, 

Washington, DC 20590. The 

informational filing must provide a 

summary description of the PSP or PSP 

amendment, including the intended use 

of the product, and specify the location 

where the documentation as described 

in § 236.917(a)(1) is maintained. 

* * * * * 

Issued in Washington, DC on November 17, 

2005. 

Joseph H. Boardman, 

Administrator, Federal Railroad 

Administration. 

[FR Doc. 05–23571 Filed 12–2–05; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 040830250–5062–03; I.D. 

112305B] 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason adjustments to 

management measures; request for 

comments. 

SUMMARY: NMFS announces changes to 

management measures in the 

commercial and recreational Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), will allow 

fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks. 

DATES: Effective 0001 hours (local time) 

December 1, 2005. Comments on this 

rule will be accepted through January 4, 

2006. 

ADDRESSES: You may submit comments, 

identified by I.D. number 112305 by any 

of the following methods: 

• E-mail: 

GroundfishInseason5.nwr@noaa.gov. 

Include I.D. number 112305B in the 

subject line of the message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 206–526–6736, Attn: Carrie 

Nordeen. 

• Mail: D. Robert Lohn, 

Administrator, Northwest 

Region,NMFS, Attn: Carrie Nordeen, 

7600 Sand Point Way NE, Seattle, WA 

98115–0070. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen (Northwest Region, 

NMFS), phone: 206–526–6144; fax: 206–

526–6736; and e-mail: 

carrie.nordeen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

available on the Government Printing 

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

fr/index.html. 

Background information and 

documents are available at the NMFS 

Northwest Region website at: 

www.nwr.noaa.gov/1sustfsh/ 

gdfsh01.htm and at the Pacific Fishery 

Management Council’s website at: 

www.pcouncil.org. 

Background 

The Pacific Coast Groundfish Fishery 

Management Plan (FMP) and its 

implementing regulations at title 50 in 

the Code of Federal Regulations (CFR), 

part 660, subpart G, regulate fishing for 

over 80 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Fishery 

Management Council (Pacific Council), 

and are implemented by NMFS. The 

specifications and management 

measures for 2005 - 2006 were codified 

in the CFR (50 CFR part 660, subpart G). 

They were published in the Federal 

Register as a proposed rule on 

September 21, 2004 (69 FR 56550), and 

as a final rule on December 23, 2004 (69 

FR 77012). The final rule was 

subsequently amended on March 18, 

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

FR 16145); April 19, 2005 (70 FR 

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

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

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

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

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

FR 48897); August 31, 2005 (70 FR 

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

October 20, 2005 (70 FR 61063); October 

24, 2005 (70 FR 61393); and November 

1, 2005 (70 FR 65861). 

Acceptable biological catches (ABCs) 

and optimum yields (OYs) are 

established for each year. Management 

measures are established at the start of 

the biennial period, and adjusted 

throughout the biennial management 

period, to keep harvest within the OYs. 

At the Pacific Council’s October 30 - 

November 4, 2005, meeting in San 

Diego, California, the Pacific Council’s 

Groundfish Management Team (GMT) 

considered 2005 catch data and new 

West Coast Groundfish Observer 

Program (WCGOP) data and made 

recommendations to adjust groundfish 

management measures for December 

72386 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

2005 and for all of 2006. Because the 

revised management measures for 

December 2005 and January and 

February 2006 must be implemented 

quickly, these adjustments are being 

implemented in this final rule. The 

management measures for the remainder 

of 2006 (March - December) will be 

implemented through a notice and 

comment rulemaking, projected to be 

effective by March 1, 2006. 

The following changes to current 

groundfish management measures for 

December 2005 through February 2006 

were recommended by the Pacific 

Council, in consultation with the Pacific 

Coast Treaty Indian Tribes and the 

States of Washington, Oregon, and 

California, at its October 30 - November 

4, 2005, meeting. For December 2005, 

the adjustments recommended by the 

Pacific Council are as follows: 

prohibition on taking and retaining, 

possessing, or landing of minor slope 

rockfish, splitnose rockfish, and petrale 

sole in the limited entry bottom trawl 

fisheries; Federal regulations for 

recreational management measures off 

Oregon that conform with the State of 

Oregon’s management measures; and 

adjustments to recreational management 

measures off California. 

For January and February 2006, 

adjustments recommended by the 

Pacific Council are as follows: 

adjustments to limited entry and open 

access cumulative limits for the 

sablefish daily trip limit (DTL) fishery 

north of 36° N. lat.; adjustments to 

limited entry trawl cumulative limits for 

sablefish, thornyheads, Dover sole, other 

flatfish, petrale sole, arrowtooth 

flounder, slope rockfish, splitnose 

rockfish, and lingcod; adjustments to 

limited entry fixed gear and open access 

cumulative limits for shelf, shortbelly, 

and widow rockfish south of 34°27′ N. 

lat., and minor nearshore and black 

rockfish between 42°00′ N. lat. and 

40°10′ N. lat.; adjustments to the trawl 

Rockfish Conservation Area (RCA) 

boundaries; and adjustments to 

recreational management measures. 

Limited Entry Trawl Fisheries in 2005 

The GMT reviewed Pacific Fisheries 

Information Network (PacFIN) Quota 

Species Monitoring (QSM) data through 

October 22, 2005, and noted that the 

catch of petrale sole was 2,783 mt (2,685 

mt of landed catch plus 98 mt of 

discard). This level of harvest is 0.8 

percent above petrale sole’s 2005 ABC/ 

OY of 2,762 mt. Because the FMP 

defines overfishing as exceeding the 

ABC, the petrale sole stock is now 

thought to be subject to overfishing in 

2005. To prevent continued overfishing, 

the GMT considered management 

measures that would curtail further 

catch of petrale sole through the end of 

the year. Unfortunately, there appear to 

be no additional management measures 

available to completely eliminate catch 

of petrale sole. Inseason management 

measures designed to slow the catch of 

petrale sole that were implemented in 

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

such as limited entry trawl cumulative 

limit reductions and moving the trawl 

RCA into deeper water, should 

substantially reduce petrale sole catch 

for the remainder of the year. 

In order to identify the conservation 

risk to the petrale sole stock resulting 

from allowing fisheries with petrale 

bycatch to continue in December, the 

GMT reviewed historical PacFIN petrale 

sole annual landings data by fishery. 

These data show that through the 

remainder of the year, the limited entry 

bottom trawl fishery operating seaward 

of the trawl RCA is expected to result in 

the highest petrale sole mortality 

relative to other fisheries. Only trace 

amounts of petrale sole catch are 

anticipated in the limited entry and 

open access fixed gear fisheries 

coastwide, open access trawl fisheries 

off California, and limited entry trawl 

fisheries shoreward of the trawl RCA 

south of 36° N. lat. 

Under current management measures, 

the GMT anticipates an additional 5 mt 

– 10 mt (or an additional 0.2 percent –

0.35 percent over petrale sole’s ABC/ 

OY) of non-tribal petrale sole catch will 

be taken by the limited entry bottom 

trawl fishery in November and 

December. With this additional nontribal catch, the catch of petrale sole in 

2005 is predicted to exceed the petrale 

sole ABC by 0.9 percent 1.1 percent. 

The tribal bottom trawl fishery, which 

opens November 1, 2005, could 

potentially harvest an additional 20 mt 

– 30 mt of petrale sole. This year’s 

higher than anticipated catch of petrale 

sole is particularly unexpected, given 

that the catch of petrale sole has been 

substantially less than its ABC for the 

past several years. For example, in 2004, 

the landed catch of petrale sole was 

1,961 mt within an ABC of 2,762 mt. In 

2003 and 2002, the total catch of petrale 

sole was 2,161 mt and 1,965 mt, 

respectively, each within an ABC of 

2,762 mt. 

When the Pacific Council was 

deliberating how to curtail additional 

catch of petrale sole for 2005, they 

considered closing several fisheries for 

the remainder of the year. The closure, 

however, would not be able to be 

implemented until December. The 

expectation of a total fishery closure 

would likely result in a race for fish 

during November, potentially increasing 

the mortality of petrale sole above what 

would otherwise occur if the fishery 

were to remain open. 

Of the winter limited entry trawl 

fisheries, the petrale sole and slope 

rockfish fisheries are prosecuted on 

hard bottom substrate while the DTS 

(Dover sole, thornyhead, sablefish) 

fishery occurs on muddy, soft bottom 

substrate . Because these fisheries are 

geographically distinct, maintaining the 

DTS fishery through the end of 2005 is 

predicted to result in minimal 

additional catch of petrale sole (5 – 10 

mt). Therefore, instead of closing the 

entire fishery and starting a race for fish, 

the Pacific Council recommended that 

the DTS fishery continue under 

currently scheduled management 

measures designed to slow the trawl 

harvest for the remainder of 2005, but 

that the retention of petrale sole, slope 

rockfish, and splitnose rockfish be 

prohibited coastwide for the remainder 

of the year. NMFS concurs with the 

Pacific Council’s recommendation and 

is implementing the following 

adjustments to limited entry trawl 

management measures: (1) North of 

40°10′ N. lat., decrease limited entry 

trawl minor slope and darkblotched 

rockfish cumulative limits from 4,000 lb 

(1,814 kg) per 2 months to closed 

(meaning that taking and retaining, 

possessing, or landing is prohibited), (2) 

North of 40°10′ N. lat., decrease limited 

entry trawl petrale sole cumulative sublimit from 2,000 lb (907 kg) per 2 

months to closed, (3) Between 40°10′ N. 

lat. and 38° N. lat., decrease limited 

entry trawl minor slope rockfish and 

splitnose rockfish cumulative limits 

from 6,000 lb (2,722 kg) per 2 months 

to closed, (4) South of 38° N. lat., 

decrease limited entry trawl minor slope 

rockfish and splitnose rockfish 

cumulative limits from 40,000 lb (18, 

144 kg) per 2 months to closed, and (5) 

South of 40°10′ N. lat., decrease limited 

entry trawl petrale sole cumulative limit 

from 2,000 lb (907 kg) per 2 months to 

closed. 

Oregon and California Recreational 

Groundfish Fisheries in 2005 

Due to projected attainment of 

Oregon’s recreational black rockfish 

harvest guideline, the Oregon 

Department of Fish and Wildlife 

(ODFW) took action on October 18, 

2005, to close recreational groundfish 

fishing in the ocean and estuary boat 

fisheries shoreward of the recreational 

RCA boundary that approximates the 

40–fm (73–m) depth contour and to 

prohibit retention of black rockfish in 

both the ocean and estuary boat 

fisheries at any depth for the remainder 

of 2005. Shore-based fisheries (angling 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72387 

from jetties, beaches, rock formations, or 

piers, and divers originating from shore) 

remain open for the remainder of 2005. 

The Pacific Council recommended that 

Federal regulations conform to ODFW’s 

October inseason action. NMFS concurs 

with this recommendation and is 

implementing similar regulations with 

this inseason action for the remainder of 

2005. 

Management measures for 

recreational fisheries off California are 

adjusted to conform Federal and state 

regulations for the recreational RCA 

between 40°10′ N. lat. and 36° N. lat. At 

the Pacific Council’s April 2005 

meeting, the Pacific Council 

recommended, in part, that the 

recreational RCA regulations prohibit 

fishing seaward of the 20–fm (37–m) 

depth contour for July through 

December. NMFS inadvertently missed 

this recommendation for December in 

the May inseason action (70 FR 23040, 

May 4, 2005) and, therefore, Federal 

regulations implemented a recreational 

RCA extending from the shoreline 

through the EEZ during December. With 

this notice, NMFS will adjust 2005 

Federal regulations regarding 

seasonality of the recreational RCA for 

the area between 40°10’ N. lat. and 36° 

N. lat. as follows: Between 40°10′ N. lat. 

and 36° N. lat., recreational fishing for 

all groundfish (except ‘‘other flatfish’’) 

is prohibited seaward of the 20–fm (37–

m) depth contour along the mainland 

coast and along islands and offshore 

seamounts from July 1 through 

December 31; and is closed entirely 

from January 1 through June 30 (i.e., 

prohibited seaward of the shoreline). 

Limited Entry Trawl Fisheries in 2006 

The trawl bycatch model was updated 

with bycatch and discard rates based on 

new WCGOP data from September 2004 

through April 2005. This update also 

incorporated 4 months of data (January 

– April 2005) when selective flatfish 

gear was required shoreward of the 

trawl RCA north of 40°10′ N. lat. The 

GMT used the updated trawl bycatch 

model to analyze adjustments to trawl 

RCA boundaries and bimonthly limits 

for target species (sablefish, 

thornyheads, Dover sole, petrale sole, 

other flatfish, arrowtooth, slope 

rockfish, and splitnose rockfish) for 

2006. The management measures for 

January and February are being 

implemented in this rule. 

Of note, the GMT proposed splitting 

the Period 1 cumulative limits (those for 

January and February) into two, 1–

month cumulative limits. This 

cumulative limit adjustment 

accomplishes several goals. It is the 

Pacific Council’s and NMFS’s intent to 

begin 2006 with conservative enough 

management measures to avoid drastic 

harvest reductions and/or closures in 

the later part of the year. Additionally, 

there is a possibility that groundfish 

biennial management measures for 2007 

– 2008 may not be in place by January, 

1, 2007, and if that is the case, 

management in 2007 will continue 

under 2006 management measures until 

the biennial 2007 – 2008 management 

measures become effective. Should this 

occur, conservative management 

measures for January and February of 

2006 would facilitate implementing any 

harvest reductions that may be 

necessary in 2007. In summary, splitting 

Period 1 into separate cumulative limits 

for January and February should be 

conservative enough to promote year 

round fishing opportunities in 2006, 

should accommodate any reductions to 

2007 OYs for managed species, and 

should allow flexibility to adjust limits 

in February 2007 if necessary. 

The Pacific Council recommended 

adjustments to limited entry trawl 

cumulative limits for certain target 

species coastwide, such as sablefish, 

thornyheads, Dover sole, other flatfish, 

and arrowtooth flounder, based on 

projections from the trawl bycatch 

model. These adjustments, together with 

measures to be proposed for the 

remainder of 2006, are projected to keep 

harvest within the OYs. NMFS concurs 

with this recommendation; therefore, 

adjusted cumulative limits for these 

species during January and February 

2006 are shown in Table 3 (North) and 

Table 3 (South). Adjustments to limited 

entry trawl cumulative limits for other 

target species are described in detail 

below. 

Petrale Sole 

In order to avoid exceeding the 

petrale sole ABC in 2006 and to promote 

year round fishing opportunities, the 

Pacific Council recommended 

establishing cumulative limits in the 

bottom trawl fishery during Period 1 

(January – February). In the past, petrale 

sole landings were not limited during 

this period. NMFS concurs with this 

recommendation. Therefore, north of 

40°10′ N. lat., limited entry trawl large 

and small footrope limits are 30,000 lb 

(13,608 kg) per month in both January 

and February. North of 40°10′ N. lat., 

limited entry selective flatfish trawl 

limits are 12,500 lb (5,670 kg) per month 

in both January and February. South of 

40°10′ N. lat., limited entry trawl limits 

are 30,000 lb (13,608 kg) per month in 

both January and February. 

Slope and Splitnose Rockfish Limits 

Between 40°10′ N. lat. and 38° N. lat. 

At the most recent Pacific Council 

meeting, the GMT considered a request 

to liberalize management measures for 

minor slope and splitnose rockfish in 

2006. The harvest of these species has 

been constrained in recent years 

because they co-occur with 

darkblotched rockfish, an overfished 

rockfish species. 

Darkblotched rockfish are not 

distributed uniformly along the coast 

but instead are most concentrated in 

waters off Washington and northern 

Oregon, with a gradient of decreasing 

density extending south. Only about 

three percent of the NMFS triennial 

bottom trawl survey’s cumulative catchper-unit-effort of darkblotched rockfish 

occurs south of 38° N. lat. This 

observation of decreased density led to 

implementation of a management line at 

38° N. lat. that allows slope 

management south of 38° N. lat. to be 

separated from management actions 

needed to rebuild darkblotched, and 

allows the severity of management 

measures between 40°10′ N. lat and 38° 

N. lat. to be intermediate to those for 

areas south of 38° N. lat and north of 

40°10′ N. lat. 

Darkblotched rockfish bycatch rates 

between 40°10′ N. lat. and 38° N. lat. at 

depths greater than 150–fm (274–m) are 

considerably lower than those for the 

same depth range north of 40°10′ N. lat. 

When bycatch rates for darkblotched 

rockfish between 40°10′ N. lat. and 38° 

N. lat. are compared to bycatch rates 

from depths greater than 200–fm (366–

m) north of 40°10′ N. lat., the rates are 

similar. Given this information, the 

GMT does not recommend greatly 

increasing slope and splitnose rockfish 

cumulative limits as well as 

implementing a shallower trawl RCA, 

such as the trawl RCA in place south of 

38° N. lat., in the area between 40°10′ 

N. lat. and 38° N. lat. Cumulative slope 

and splitnose rockfish limits on the 

order of 20,000 lb (9,072 kg) per month 

could likely be allowed if the seaward 

trawl RCA boundary approximated the 

200–fm (366–m) depth contour. 

However, availability of slope and 

splitnose rockfish is limited at depths 

greater than 200–fm (366–m). 

Alternatively, slope and splitnose 

rockfish cumulative limits of 4,000 lb 

(1,814 kg) per month could be used in 

conjunction with a seaward trawl RCA 

boundary approximating the 150–fm 

(274–m) depth contour. The Pacific 

Council continues to recommend 

management measures for this area that 

are intermediate to those used in the 

areas north of 40°10′ N. lat. and south 

72388 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

of 38° N. lat. After feedback from the 

Pacific Council’s Groundfish Advisory 

Panel and the trawl industry, the Pacific 

Council recommended minor 

adjustments to cumulative limits and 

the position of the trawl RCA. NMFS 

concurs with this recommendation; 

therefore, slope and splitnose rockfish 

cumulative limits will be increased from 

4,000 (1,814 kg) per 2 months to 4,000 

lb (1,814 kg) per month and the seaward 

trawl RCA boundary will approximate 

the 150–fm (274–m) depth contour 

rather than the 200–fm (366–m) depth 

contour for the area between 40°10′ N. 

lat. and 38° N. lat. during January and 

February. This regulatory change is 

expected to allow trawl fisheries in this 

area to access more abundant slope 

rockfish species while still maintaining 

a low incidental catch of darkblotched 

rockfish. 

Lingcod 

The GMT reviewed available catch 

and discard information pertaining to 

lingcod in the limited entry bottom 

trawl fishery. Lingcod has rebuilt 

quickly in recent years and is being 

caught in greater numbers in a range of 

fisheries coastwide. WCGOP data shows 

that there is considerable discard of 

lingcod in the limited entry bottom 

trawl fishery and suggests that allowing 

increased retention of lingcod may 

reduce discard. In 2005, north of 40°10′ 

N. lat., the lingcod selective flatfish 

trawl limit was 800 lb (363 kg) per 2 

months for January through April and 

September through December, while it 

was 1,000 lb (454 kg) per 2 months for 

May through July. The lingcod large and 

small footrope limits for 2005 were 500 

lb (227 kg) per 2 months. South of 

40°10′ N. lat., the lingcod small footrope 

limit was 800 lb (363 kg) per 2 months 

for January through April and 

September through December and was 

1,000 lb (454 kg) per 2 months for May 

through July. The lingcod midwater 

limit south of 40°10′ N. lat. was 500 lb 

(227 kg) per 2 months. In 2005, the 

lingcod large footrope limits were the 

same north and south of 40°10′ N. lat. 

While a substantial increase in lingcod 

cumulative limits may encourage 

targeting of lingcod and additional 

bycatch of overfished species (which 

tend to reside in areas of similar rocky 

habitat), the Pacific Council believed 

that a modest increase in lingcod 

retention could be allowed without 

negatively affecting lingcod or cooccurring overfished species. In 2004 

and 2005, lingcod harvest has been well 

under its rebuilding OY (by more than 

100 mt) and these cumulative limit 

increases are not projected to affect total 

lingcod mortality but instead change 

lingcod discard into landings. 

Therefore, the Pacific Council 

recommended that lingcod cumulative 

limits in the limited entry trawl fishery 

be increased to 600 lb (272 kg) per 

month coastwide for all gear types 

during January and February. NMFS 

concurs with this recommendation and 

is implementing this adjustment with 

this inseason action. 

Limited Entry Fixed Gear and Open 

Access Fisheries in 2006 

Limited Entry Fixed Gear and Open 

Access Sablefish Limits North of 36° N. 

lat. 

In recent years, the sablefish daily trip 

limit (DTL) fishery north of 36° N. lat. 

has caught substantially less than its 

allocation. Therefore, the GMT believes 

that some liberalization of sablefish DTL 

cumulative limits is warranted. In 2005, 

the sablefish limited entry and open 

access DTL limits for January through 

September were 300 lb (136 kg) per day, 

or 1 landing per week up to 900 lb (408 

kg), not to exceed 3,600 lb (1,633 kg) per 

2 months. These sablefish DTL 

cumulative limits were increased for 

October through December to 500 lb 

(227 kg) per day, or 1 landing per week 

up to 1,500 lb (680 kg), not to exceed 

9,000 lb (4,082 kg) per 2 months. The 

GMT is concerned with the lack of effort 

controls in this fishery and 

recommended a cautious approach to 

increasing its cumulative sablefish 

limits. The Pacific Council considered 

two options for increasing sablefish DTL 

limits. The first option maintained the 

previously scheduled daily limit of 300 

lb (136 kg) per day, increased the 

weekly limit to 1,000 lb (454 kg), and 

increased the 2–month limit to 5,000 lb 

(2,268 kg). The second option increased 

the daily limit to 400 lb (181 kg), 

increased the weekly limit to 1,200 lb 

(544 kg), and increased the 2–month 

limit to 4,800 lb (2,177 kg). Because 

radical changes in effort for this fishery 

have historically been driven by 

changes in the daily and weekly limit, 

there is a greater risk of needing to 

restrict the fishery later in the year 

associated with the second option. Total 

catch in the sablefish DTL fishery can be 

managed under either option, but 

restricting the fishery later in the year 

may result in an inequitable distribution 

of catch and revenues because this 

fishery starts earlier in southern areas 

than in northern areas. Therefore, the 

Pacific Council recommended and 

NMFS is implementing sablefish limited 

entry fixed gear and open access 

cumulative limits of 300 lb (136 kg) per 

day, or 1 landing per week up to 1,000 

lb (454 kg), not to exceed 5,000 lb (2,268 

kg) per 2 months for the area north of 

36° N. lat. 

Shelf, Shortbelly, and Widow Rockfish 

South of 34°27′ N. lat. 

At its most recent meeting, the Pacific 

Council also considered a request to 

increase shelf rockfish, shortbelly, and 

widow rockfish cumulative limits from 

2,000 lb (907 kg) per 2 months to 3,000 

lb (1,361 kg) per 2 months for limited 

entry fixed gear and from 500 lb (227 kg) 

per 2 months to 750 lb (340 kg) per 2 

months for open access fixed gear. In 

2005, these cumulative limit increases 

were implemented inseason for July 

through December. After reviewing the 

GMT’s analysis of landings during 2005, 

the Pacific Council determined that the 

requested increase could be 

accommodated at the start of 2006. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing a shelf, shortbelly, and 

widow rockfish limited entry 

cumulative limit of 3,000 lb (1,361 kg) 

per 2 months and an open access 

cumulative limit of 750 lb (340 kg) per 

2 months for the area south of 34°27′ N. 

lat. 

Minor Nearshore and Black Rockfish 

between 40°10’ N. lat. and 42° N. lat. 

In 2005, the minor nearshore and 

black rockfish limited entry fixed gear 

and open access limits were increased 

inseason from 5,000 lb (2,268 kg) per 2 

months, no more than 1,200 lb (544 kg) 

of which may be species other than 

black or blue rockfish, to 6,000 lb (2,722 

kg) per 2 months, no more than 1,200 

lb (544 kg) of which may be species 

other than black or blue rockfish, for 

July through December. As with the 

previously discussed adjustments to 

cumulative limits, the Pacific Council 

received a request to continue these 

2005 inseason adjustments into 2006. A 

review of 2005 PacFIN data revealed no 

higher than anticipated catch of black 

rockfish, particularly with respect to 

black rockfish state harvest guidelines 

and commercial/recreational catch 

sharing. Therefore, the Pacific Council 

recommended and NMFS is 

implementing the minor nearshore and 

black rockfish limited entry fixed gear 

and open access cumulative limit of 

6,000 lb (2,722 kg) per 2 months, no 

more than 1,200 lb (544 kg) of which 

may be species other than black or blue 

rockfish. 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72389 

Recreational Groundfish Fisheries in 

2006 

Washington’s Recreational Groundfish 

Fishery 

The Washington Department of Fish 

and Wildlife (WDFW) took inseason 

action in August 2005 to close the 

Washington recreational bottomfish 

fisheries seaward of the recreational 

RCA, a line approximating the 30–fm 

(55–m) depth contour north of 

Leadbetter Pt. (46°38.17’ N. lat.), WA, as 

the canary and yelloweye rockfish 

catches were approaching the state’s 

recreational harvest targets for those 

species. NMFS took conforming action 

through the inseason action published 

in the Federal Register on October 5, 

2005 (70 FR 58066). As the state 

recreational harvest targets are annual 

targets that are used to stay within joint 

WA/OR annual harvest guidelines, the 

Pacific Council recommended that the 

prohibition on fishing seaward of a 

boundary line approximating the 30–fm 

(55–m) depth contour be removed for 

the 2006 Washington recreational 

fishery, beginning January 1, 2006, but 

remain available as an option for 

inseason action in 2006 should the 

canary or yelloweye rockfish harvest 

target be approached. 

Therefore, the Pacific Council 

recommended and NMFS is removing 

the prohibition on fishing seaward of 

the 30–fm (55–m) boundary line 

between the U.S./Canada border and 

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

and is maintaining the availability of 

that boundary for inseason management 

in 2006. 

Oregon’s Recreational Groundfish 

Fishery 

In addition to other bag limit 

reductions in 2005, the Oregon 

Department of Fish and Wildlife 

(ODFW) took inseason action in July 

2005 to reduce the daily recreational 

marine fish bag limit from eight fish to 

five fish to slow the harvest of black 

rockfish. ODFW took additional action 

in August 2005 to prohibit retention of 

cabezon in the recreational ocean boat 

fishery, due to attainment of the annual 

state harvest guideline for cabezon. 

NMFS took conforming action on both 

of these items through the inseason 

action published in the Federal Register 

on October 5, 2005 (70 FR 58066). The 

Federal and state harvest guidelines are 

set on an annual basis, and the inseason 

actions taken in 2005 were in response 

to attainment of harvest guidelines set 

for the 2005 fishing year. The Pacific 

Council recommended that the 

recreational bag limit regulations that 

were in place in January 2005 be 

implemented in January 2006 to allow 

fisheries access to available harvest. In 

March 2005, NMFS published an 

inseason action (70 FR 16145, March 30, 

2005) which, in part, revised the Federal 

marine fish species list for Oregon to 

match the list used in Oregon state 

regulation. Therefore, in addition to the 

wording in the January 2005 

regulations, NMFS will include the 

revised species list in the 2006 Oregon 

recreational language. ODFW 

anticipates requesting Federal inseason 

action in March 2006, pending Oregon 

Department of Fish and Wildlife 

Commission approval of regulations 

governing the 2006 recreational fishery. 

Therefore, the Pacific Council 

recommended and NMFS is 

implementing recreational groundfish 

fishery regulations off of Oregon as they 

read at the beginning of 2005, with the 

exception that NMFS is maintaining the 

revised species list as published in the 

Federal Register on March 30, 2005 (70 

FR 16145), so that it is clear that 

Oregon’s marine fish bag limit excludes 

salmonids, hybrid bass, and offshore 

pelagic species. 

Classification 

These actions are authorized by the 

FMP and implementing regulations and 

are based on the most recent data 

available. The aggregate data upon 

which these actions are based are 

available for public inspection at the 

Office of the Administrator, Northwest 

Region, NMFS, (see ADDRESSES) during 

business hours. 

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

is good cause to waive prior notice and 

an opportunity for public comment, as 

notice and comment would be 

impracticable and contrary to the public 

interest. The data upon which these 

recommendations were based were 

provided to the Pacific Council, and the 

Pacific Council made its 

recommendations at its October 30 - 

November 4, 2005, meeting in San 

Diego, CA. There was not sufficient time 

after that meeting to draft this document 

and undergo proposed and final 

rulemaking before these actions need to 

be in effect, December 1, 2005, as 

explained below. For the actions in this 

notice, prior notice and opportunity for 

comment would be impracticable and 

contrary to the public interest because 

affording the time necessary for prior 

notice and opportunity for public 

comment would impede the Agency’s 

function of managing fisheries using the 

best available science to approach 

without exceeding the OYs for federally 

managed species. The adjustments to 

management measures in this document 

include changes to the commercial and 

recreational groundfish fisheries. As of 

October 2005, the total catch (landing 

plus discard) of petrale sole had 

exceeded its 2005 ABC/OY. Changes to 

the limited entry trawl fisheries must be 

implemented in a timely manner by 

December 1, 2005, to curtail additional 

catch of petrale sole. Changes to 

management measures for recreational 

fisheries off Oregon and California need 

to be implemented as soon as possible 

in order to conform Federal and state 

recreational regulations and provide 

recreational fishing opportunities. 

Inseason adjustments for commercial 

and recreational fisheries for January 

and February of 2006 need to be 

implemented in a timely manner to 

protect overfished groundfish species 

while keeping the harvest of other 

groundfish species within the harvest 

levels projected for 2006. For some 

species, such as Dover sole, 

thornyheads, sablefish, slope and 

splitnose rockfish, shelf and shortbelly 

rockfish, nearshore and black rockfish, 

and lingcod, cumulative limits must be 

raised in a timely manner to allow 

fisheries access to healthy stocks, when 

possible, or to reduce discard. For other 

species, such as petrale sole, cumulative 

limits must be lowered to keep harvest 

within OYs and ensure year round 

fisheries. For these reasons, good cause 

also exists to waive the 30 day delay in 

effectiveness requirement under 5 

U.S.C. 553 (d)(3) for all actions taken in 

this action. 

These actions are taken under the 

authority of 50 CFR 660.370(c) and are 

exempt from review under Executive 

Order 12866. 

List of Subjects in 50 CFR Part 660 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaiian Natives, 

Indians, Northern Mariana Islands, 

Reporting and recordkeeping 

requirements. 

Dated: November 29, 2005. 

Anne M. Lange, 

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 AND IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. In § 660.384, paragraphs (c)(1)(i)(B), 

(c)(2)(i) and (iii), and (c)(3)(i)(A)(2) are 

revised to read as follows: 

72390 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

§ 660.384 Recreational fishery 

management measures. 

* * * * * 

(c) * * * 

(1) * * * 

(i) * * * 

(B) Recreational Rockfish 

Conservation Area. Fishing for 

groundfish with recreational gear is 

prohibited within the recreational RCA. 

It is unlawful to take and retain, 

possess, or land groundfish taken with 

recreational gear within the recreational 

RCA. A vessel fishing in the recreational 

RCA may not be in possession of any 

groundfish. [For example, if a vessel 

participates in the recreational salmon 

fishery within the RCA, the vessel 

cannot be in possession of groundfish 

while in the RCA. The vessel may, 

however, on the same trip fish for and 

retain groundfish shoreward of the RCA 

on the return trip to port.] Off 

Washington, if recreational fishing for 

all groundfish is prohibited seaward of 

a boundary line approximating the 30–

fm (55–m) depth contour, a notification 

will be published in the Federal 

Register inseason pursuant to 

§ 660.370(c). Coordinates for the 

boundary line approximating the 30–fm 

(55–m) depth contour are listed in 

§ 660.391. 

* * * * * 

(2) * * * 

(i) Recreational Groundfish 

Conservation Areas off Oregon. Fishing 

for groundfish with recreational gear is 

prohibited within the recreational RCA, 

a type of closed area or GCA. It is 

unlawful to take and retain, possess, or 

land groundfish taken with recreational 

gear within the recreational RCA. A 

vessel fishing in the recreational RCA 

may not be in possession of any 

groundfish. [For example, if a vessel 

participates in the recreational salmon 

fishery within the RCA, the vessel 

cannot be in possession of groundfish 

while in the RCA. The vessel may, 

however, on the same trip fish for and 

retain groundfish shoreward of the RCA 

on the return trip to port.] Off Oregon, 

from June 1 through September 30, 

recreational fishing for groundfish is 

prohibited seaward of a recreational 

RCA boundary line approximating the 

40–fm (73–m) depth contour. From 

December 1 through December 31, 2005, 

recreational fishing for groundfish in the 

ocean boat fishery is prohibited 

shoreward of a recreational RCA 

boundary line approximating the 40–fm 

(73–m) depth contour (i.e., shore-based 

fisheries (angling from jetties, beaches, 

rock formations, or piers, and divers 

originating from shore) are open). 

Coordinates for the boundary line 

approximating the 40–fm (73–m) depth 

contour are listed at § 660.391. 

Recreational fishing for all groundfish 

may be prohibited inseason seaward of 

the 20–fm (37–m) depth contour or 

seaward of a boundary line 

approximating the 30–fm (55–m) depth 

contour. If the closure seaward of the 

20–fm (37–m) depth contour or a 

boundary line approximating the 30–fm 

(55–m) depth contour is implemented 

inseason, a document will be published 

in the Federal Register pursuant to 

§ 660.370(c). Coordinates for the 

boundary line approximating the 30–fm 

(55–m) depth contour are listed at 

§ 660.391. 

* * * * * 

(iii) Bag limits, size limits. The bag 

limits for each person engaged in 

recreational fishing in the EEZ seaward 

of Oregon are two lingcod per day, 

which may be no smaller than 24 in (61 

cm) total length; and 10 marine fish per 

day, which excludes Pacific halibut, 

salmonids, tuna, perch species, 

sturgeon, sanddabs, lingcod, striped 

bass, hybrid bass, offshore pelagic 

species and baitfish (herring, smelt, 

anchovies and sardines), but which 

includes rockfish, greenling, cabezon 

and other groundfish species. The 

minimum size limit for cabezon 

retained in the recreational fishery is 16 

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

cm). Taking and retaining canary 

rockfish and yelloweye rockfish is 

prohibited. From October 18, 2005, 

through December 31, 2005, taking and 

retaining black rockfish in the ocean 

boat fishery is prohibited. 

* * * * * 

(3) * * * 

(i) * * * 

(A) * * * 

(2) Between 40°10′ N. lat. and 36° N. 

lat., recreational fishing for all 

groundfish (except ‘‘other flatfish’’) is 

prohibited seaward of the 20–fm (37–m) 

depth contour along the mainland coast 

and along islands and offshore 

seamounts from July 1 through 

December 31; and is closed entirely 

from January 1 through June 30 (i.e., 

prohibited seaward of the shoreline). 

Closures around the Farallon Islands 

(see paragraph (c)(3)(i)(C) of this 

section) and Cordell Banks (see 

paragraph (c)(3)(i)(D) of this section) 

also apply in this area. 

* * * * * 

■ 3. In part 660, subpart G, Tables 3 

(both North and South), Tables 4 (both 

North and South) and Tables 5 (both 

North and South) are revised to read as 

follows: 

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