[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Rules and Regulations]
[Pages 56664-56676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4917]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060824226-6322-02]
RIN 0648-AW07


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 announces inseason changes to management 
measures in the commercial and recreational Pacific Coast groundfish 
fisheries and the reopening of the 2007 Pacific whiting primary season. 
These actions, which are authorized by the Pacific Coast Groundfish 
Fishery Management Plan (FMP), are intended to allow fisheries to 
access more abundant groundfish stocks while protecting overfished and 
depleted stocks.

DATES: Effective 0001 hours (local time) October 1, 2007. Comments on 
this final rule must be received no later than 5 p.m., local time on 
November 5, 2007.

ADDRESSES: You may submit comments, identified by RIN 0648-AW07 by any 
one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <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.
    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. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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#8aedf8effee9e2efe4a4ebf8efe4fef0efe4cae4e5ebeba4ede5fc"><span class="__cf_email__" data-cfemail="2443564150474c414a0a4556414a505e414a644a4b45450a434b52">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Website at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's (Council's) website 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 Pacific Fishery Management 
Council (Council), and are implemented by NMFS. A proposed rule 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 (71 FR 13043); April 18, 2007 
(72 FR 19390); July 5, 2007 (72 FR 36617); August 3, 2007 (72 FR 
43193); and September 18, 2007 (72 FR 53165).
    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 September 10-14, 2007, meeting in 
Portland, Oregon. At that meeting, the Pacific Council recommended 
adjusting current groundfish management measures to respond to updated 
fishery information and other inseason management needs.
    The Pacific Council recommended: (1) increasing the 2-month 
cumulative limit in the limited entry fixed gear fishery for shortspine 
thornyheads south of 34[deg]27' N. lat.; (2) prohibiting retention of 
cabezon by recreational ocean boat anglers in Federal waters off 
Oregon; (3) closing the Federal recreational fishing season for 
rockfish, cabezon, greenlings, and lingcod from 42[deg] N. lat. to 
37[deg]11' N. lat.; (4) adjust the shoreward boundary of the limited 
entry non-whiting trawl RCA to a line approximating the 75-fm (137-m) 
depth contour North of Cape Alava (48[deg]10' N. lat.) and between 
Humbug Mountain (43[deg]20.83' N. lat.) and Cape Arago (42[deg]40.50' 
N. lat.); (5) increasing coastwide sablefish limits for large and small 
footrope trawl gear; (6) increasing longspine thornyhead limits south 
of 40[deg]10' N. lat. for large and small footrope trawl gear; (7) 
increasing shortspine thornyhead limits coastwide for large and small 
footrope trawl gear; (8) increasing coastwide Dover sole limits for 
large and small footrope trawl gear; (9) increasing coastwide other 
flatfish limits for large and small footrope trawl gear; (10) 
increasing petrale sole limits north of 40[deg]10' N. lat. for large 
and small footrope trawl gear; (11) increasing slope rockfish limits 
for limited entry trawl gear south of 38[deg] N. lat.; (12) increasing 
the 2007 non-tribal whiting widow rockfish bycatch limit

[[Page 56665]]

from 220 mt to 275 mt, and (13) re-opening the 2007 non-tribal whiting 
primary season for the catcher-processor, mothership, and shore-based 
sectors.
    NMFS has considered these recommendations, and is implementing them 
as described below. Pacific Coast groundfish landings will be monitored 
throughout the remainder of the year, and further adjustments to trip 
limits or management measures may be made as necessary to allow 
achievement of, or to avoid exceeding, optimum yields (OYs).

Limited Entry Fixed Gear Trip Limits South of 40[deg]10' N. Lat.

    As of May 31, 2007, the total shortspine thornyhead landings south 
of 34[deg]27' N. lat. were estimated to be 60.6 mt out of a 421-mt OY. 
In June 2007, the Council recommended a short term increase in 
shortspine thornyhead cumulative limits south of 34[deg]27' N. lat.. 
The Council considered that increases in effort in this area could 
result in higher incidental catches of sablefish and other species; 
however, estimates at that time showed that sablefish catches in this 
area were lower than they had been predicted to be at the beginning of 
the year. To balance the potential impacts on sablefish from a possible 
effort shift and the larger amount of shortspine thornyheads available 
for harvest, the shortspine thornyhead cumulative limits south of 
34[deg]27' N. lat. were increased during Period 4 (July-August), and 
reverted back to the lower limits for Periods 5 and 6 (September-
October and November-December, respectively).
    At its September meeting, the Council considered further 
adjustments to shortspine thornyhead cumulative limits based on more 
recently available fishery data. Period 4 increases in the shortspine 
thornyhead cumulative limit did not result in a large effort shift, and 
only slightly increased the catch rate in this area. As of September 
15, 2007, the total shortspine thornyhead landings south of 34[deg]27' 
N. lat. were estimated to be 87 mt out of a 421-mt OY. The Council 
considered continuing the Period 4 increases to the shortspine 
thornyhead cumulative limit south of 34[deg]27' N. lat. through the end 
of the year. Estimates show that sablefish catches in this area are 
lower than they had been predicted to be at the beginning of the year, 
and that maintaining the higher shortspine thornyhead cumulative limit 
would not exceed the 2007 sablefish 211-mt OY in this area. Shortspine 
thornyheads are a slope rockfish species and the overfished species 
south of 36[deg] N. lat. are shelf species, so no increased impacts on 
overfished species are expected to occur as a result of increasing 
shortspine thornyhead trip limits.
    Therefore, the Council recommended, and NMFS is implementing the 
following changes for the limited entry fixed gear fishery: (1) South 
of 34[deg]27' N. lat., increase the shortspine thornyhead limits from 
2,000 lb (907 kg) per 2 months to 3,000 lb (1,361 kg) per 2 months, 
beginning October 1.

Recreational Fishery Management Measures

Oregon Recreational Fishery
    In the Oregon recreational groundfish fishery, the Oregon 
Department of Fish and Wildlife (ODFW) manages cabezon, which is 
harvested primarily in state waters, under a state harvest limit. 
Oregon recreational catch estimates through July and projections from 
historical temporal catch patterns indicate that the Oregon state 
harvest limit for cabezon of 15.8 mt has been reached. State harvest 
limits apply to landings by recreational ocean boats and do not include 
shore catch and discards. State harvest limits are subset of Federal 
limits; the 2007 cabezon OY is 69 mt. Effective August 11, 2007, Oregon 
prohibited cabezon retention in the recreational ocean and estuary boat 
fisheries. Shore fisheries, including shore-based diving, angling and 
spear fishing, were not affected by this closure. A similar closure was 
implemented by ODFW for cabezon in 2006, on September 22, 2006. 
Landings data updated later in the year confirmed that the management 
measure was appropriate; cabezon landings were 14.9 mt, or 94 percent 
of the 2006 state harvest limit.
    Therefore, in order to conform recreational management measures for 
Federal waters (3 200 nm) to management measures for Oregon state 
waters (0 3 nm), the Pacific Council recommended and NMFS is 
implementing a prohibition on the retention of cabezon by ocean boat 
anglers off Oregon in Federal recreational regulations beginning 
October 1.
California Recreational Fishery
    In the California recreational groundfish fishery, the California 
Department of Fish and Game (CDFG) manages yelloweye, canary, and minor 
nearshore rockfish under state harvest limits. California recreational 
catch estimates through July and projections based on recent catch 
patterns indicate that the California state harvest limit for 
yelloweye, canary, and minor nearshore rockfish, which are 2.1 mt, 9 
mt, and 426 mt, respectively, are projected to be exceeded. California 
projected that without taking inseason action, the total 2007 mortality 
from the California recreational fishery would be: 8.4 mt yelloweye 
rockfish; 12.3 mt canary rockfish; and 564 mt minor nearshore rockfish. 
Updates were made to catch and effort estimation methodologies to 
incorporate the most recent catch and effort data, which indicates 
higher than previously expected catches have occurred in the 2007 
recreational fishery off California. Original projections for 
California coastwide catches of yelloweye rockfish in May and June were 
too low, and higher than expected catches of yelloweye rockfish also 
occurred in July north of 37[deg]11' N. lat. (Pigeon Point, CA) to the 
California-Oregon border at 42 N. lat.. Both of these factors have 
contributed to increased catch projections for the 2007 season, and 
without inseason action the California recreational catch of yelloweye 
rockfish, in combination with all other coastwide recreational and 
commercial fishery impacts, would exceed the 2007 yelloweye rockfish 
OY. State harvest limits apply to landings by recreational ocean boats 
and do not include shore catch and discards. To reduce recreational 
fishery impacts on yelloweye and canary rockfish, California will close 
the recreational boat-based fisheries north of 37[deg]11' N. lat. for 
all Federal groundfish species subject to bag limits in that area, 
effective October 1, 2007. Projections indicate that closure of the 
California recreational fishery north of 37[deg]11' N. lat. will reduce 
the impacts on yelloweye rockfish and canary rockfish, and keep the 
mortality of yelloweye rockfish within the 2007 OY. California 
projected that taking inseason action to close recreational fishing 
from 42[deg] N. lat. to 37[deg]11' N. lat. would reduce the total 
mortality from the California recreational fishery to: 7.2 mt yelloweye 
rockfish; 10.1 mt canary rockfish; and 523 mt minor nearshore rockfish. 
Shore fisheries, including shore-based diving, angling and spear 
fishing, were not affected by this closure, nor were fisheries not 
subject to bag limits.
    Therefore, in order to conform recreational management measures for 
Federal waters (3 200 nm) to management measures for California state 
waters (0 3 nm), the Pacific Council recommended and NMFS is 
implementing a closure of the Federal recreational fishing season for 
rockfish, cabezon, greenlings, and lingcod from 42[deg] N. lat. to 
37[deg]11' N. lat. beginning October 1.

[[Page 56666]]

Limited Entry Trawl Fishery Management Measures

    Catch of canary rockfish by research vessels is lower than 
projected for 2007. Earlier in the year, an advisory body to the 
Pacific Council, the Groundfish Management Team (GMT), had projected 
7.7 mt of canary rockfish would be taken as 2007 research catch in 
their bycatch scorecard. The bycatch scorecard is a tool used by the 
GMT to track estimated and projected total mortality of overfished 
species for the year. The 7.7 mt of canary rockfish projected earlier 
this year to be taken in 2007 scientific research consisted of 7.3 mt 
from the NMFS trawl survey and 0.4 mt from other research. The 
projected catch of 7.3 mt for the NMFS trawl survey is equivalent to 
the total 2006 catch of canary rockfish in this survey; however, in 
2001-2005 no more than 2.3 mt of canary rockfish was taken per year in 
this survey. Based on preliminary information received from the NMFS 
trawl survey research vessels on September 10, 2007, the total 2007 
research catch for the trawl survey is predicted to be 3.3 mt; 
therefore, the GMT reduced the total projected 2007 research catch 
value in the bycatch scorecard from 7.7 mt to 3.7 mt of canary rockfish 
(3.3 mt from the NMFS triennial trawl survey and 0.4 mt from other 
research). At the time of the update, the NMFS trawl survey was 
complete in almost all of the areas where high catch of canary rockfish 
occurred in 2006, and no high canary rockfish catches have occurred 
thus far. The updated value NMFS researchers provided to the GMT 
included expected catches for the remainder of the 2007 survey. The 
reduction in the expected amount of canary rockfish caught by research 
vessels, and the decrease in the expected amount of canary rockfish 
caught in California recreational fisheries due to recreational 
closures in the North and North Central regions, is projected to result 
in a lower total estimated canary rockfish mortality of 40.4 mt out of 
a 44-mt OY.
Non-whiting Limited Entry Trawl Fishery
    The Council received a request to consider adjusting the shoreward 
boundary of the limited entry non-whiting trawl rockfish conservation 
area (RCA) to open the areas shoreward of a line approximating the 75-
fm (137-m) depth contour North of Cape Alava (48[deg]10' N. lat.) and 
between Humbug Mountain (43[deg]20.83' N. lat.) and Cape Arago 
(42[deg]40.50' N. lat.). These shoreward areas were closed on April 18, 
2007 (72 FR 19390) by moving the shoreward boundary of the RCA from a 
line approximating the 75-fm (137-m) depth contour to the shore to keep 
canary rockfish within the 2007 canary rockfish OY. With the lower than 
expected catch of canary rockfish by research vessels and lowered 
impacts on canary rockfish due to closure of the California 
recreational fishery from 42[deg] N. lat. to 37[deg]11' N. lat., the 
Council considered the impacts of adjusting the shoreward RCA boundary 
and providing fishing opportunity in areas that had been closed earlier 
in the year to protect canary rockfish. Based on the most recently 
available data from the trawl fishery, reopening these areas would take 
an additional 1.7 mt of canary rockfish but would not be expected to 
increase impacts to any other overfished species.
    The Council also considered adjustments to trip limits in the 
limited entry non-whiting trawl fishery. At the September meeting, the 
GMT reviewed the best available data on estimates of landed catch and 
total mortality for the limited entry trawl fishery. These data, which 
which estimated catch through the end of July, were compared to catch 
and mortality estimates modeled for the trawl fishery and were used to 
update catch predictions through the end of the year. Based on the 
Pacific Fishery Information Network's (PacFIN's) Quota Species 
Monitoring(QSM) data, groundfish landed catch and total mortality data 
were lower than expected for all target species taken with large and 
small footrope trawl gear in the non-whiting trawl fishery. These 
species include: sablefish; longspine and shortspine thornyheads; Dover 
sole; other flatfish; petrale sole; and slope rockfish species. The 
Council considered increases to trip limits for these species and the 
potential impacts on overall catch levels and overfished species.
    The most recently updated catch projections for 2007 indicate that 
the following percentages of groundfish species or species groups are 
expected to be taken through the end of the year: 81 percent (2,138 mt 
out of 2,651 mt) of the trawl allocation of sablefish north of 36[deg]; 
37 percent (827 mt out of 2,220 mt) of the longspine thornyhead OY 
north of 34[deg]27' N. lat.; 52 percent (853 mt out of 1,634 mt) of the 
coastwide shortspine thornyhead OY; 58 percent (9,595 mt out of 16,500 
mt) of the coastwide Dover sole OY; 62 percent (3,599 mt out of 5,800 
mt) of the coastwide arrowtooth flounder OY; 94 percent (2,356 mt out 
of 2,499 mt) of the coastwide petrale sole OY; 31 percent (1,510 mt out 
of 4,884 mt) of the coastwide other flatfish OY, and; 16 percent (286 
mt out of 1,786 mt) of the minor slope rockfish OY south of 38 N. lat.. 
These projections are below the anticipated catch projections through 
the end of 2007, and continuing the trawl fishery under these limits is 
projected to prevent the fishery from attaining the OYs for these 
species. Increases to cumulative limits are expected to increase 
overall catch levels, but those increases are predicted to be within 
the 2007 OYs for these species. Increased catch levels for these 
species will increase the canary rockfish catch in the limited entry 
non-whiting trawl fishery by 0.3 mt, but are not expected to result in 
greater than projected impacts on other overfished species. Yelloweye 
rockfish, impacts to which are of concern in hook-and-line fisheries 
like the California recreational fishery, are rarely taken in trawl 
fisheries.
    Therefore, the Council recommended and NMFS is implementing the 
following changes for the limited entry trawl fishery through the end 
of the year, beginning October 1 unless otherwise specified: (1) Adjust 
the shoreward boundary of the limited entry non-whiting trawl RCA to a 
line approximating the 75-fm (137-m) depth contour North of Cape Alava 
(48[deg]10' N. lat.) and between Humbug Mountain (43[deg]20.83' N. 
lat.) and Cape Arago (42[deg]40.50' N. lat.); (2) increase coastwide 
sablefish limits for large and small footrope trawl gear to 22,000 lb 
(9,979 kg) per 2 months; (3) increase longspine thornyhead limits south 
of 40[deg]10' N. lat. for large and small footrope trawl gear from 
22,000 lb (9,979 kg) per 2 months to 25,000 lb (11,340 kg) per 2 
months; (4) increase shortspine thornyhead limits north of 40[deg]10' 
N. lat. for large and small footrope trawl gear from 10,000 lb (4,536 
kg) per 2 months to 12,000 lb (5,443 kg) per 2 months; (5) increase 
shortspine thornyhead limits south of 40[deg]10' N. lat. for large and 
small footrope trawl gear from 7,500 lb (3,402 kg) per 2 months to 
13,000 lb (5,896 kg) per 2 months; (6) increase Dover sole limits for 
large and small footrope trawl gear from 60,000 lb (27,216 kg) north of 
40[deg]10' N. lat. and 80,000 lb (36,287 kg) south of 40[deg]10' N. 
lat. to 95,000 lb (43,091 kg) per 2 months coastwide; (7) increase 
coastwide other flatfish limits for large and small footrope trawl gear 
from 110,000 lb (49,895 kg) to 150,000 lb (68,039 kg) per 2 months; (8) 
increase petrale sole limits north of 40[deg]10' N. lat. for large and 
small footrope trawl gear from 30,000 lb (13,608 kg) per 2 months to 
40,000 lb (18,143 kg) per 2 months beginning in Period 6, and; (9) 
increase slope rockfish limits for limited entry

[[Page 56667]]

trawl gear south of 38[deg] N. lat. from 40,000 lb (18,143 kg) per 2 
months to 55,000 lb (36,287 kg) per 2 months.
Limited Entry Trawl Whiting Fishery
    The 2007 Pacific whiting (whiting) primary season closed for the 
catcher-processor, mothership and shore-based sectors on July 26, 2007 
(72 FR 46176) when estimates indicated that the bycatch limit for widow 
rockfish had been reached. The limited availability of overfished 
species that can be taken as incidental catch in the whiting fisheries, 
particularly canary, darkblotched and widow rockfish, led to NMFS 
implementing bycatch limits for those species. With bycatch limits, the 
industry has the opportunity to harvest a larger whiting OY, providing 
the incidental catch of overfished species does not exceed the adopted 
bycatch limits. If a bycatch limit is reached, all non-tribal sectors 
of the whiting fishery are closed for the remainder of the year. For 
2007, the following bycatch limits were specified for the non-tribal 
whiting sectors: 4.7 mt for canary rockfish, 25 mt for darkblotched 
rockfish and 220 mt for widow rockfish.
    The best available information on July 25, 2007, indicated that 
220.7 mt of widow rockfish had been taken in the non-tribal whiting 
fisheries in 2007. Accordingly, the primary seasons for the catcher-
processor sector, mothership sector and the shore-based sectors were 
closed at 1800 l.t. July 26, 2007. Data corrections were made and some 
additional data were incorporated into the catch estimates after the 
closure, and estimates from September 10, 2007 indicate the non-tribal 
fishery took: 158,036 mt of the 208,091 mt of whiting available to the 
non-tribal fishery, 241.6 mt of widow rockfish, 4 mt of canary 
rockfish, and 12.8 mt of darkblotched rockfish.
    At its September meeting, the Council considered reopening the non-
tribal whiting fishery based on availability of bycatch species and 
fishing impacts on protected species through the end of 2007. The 
Council also considered an inseason adjustment of the widow rockfish 
bycatch limit for the whiting fishery in order to allow the fishery to 
reopen. Updated fishery information indicates that the entire coastwide 
groundfish fishery, including the 241.6 mt of widow rockfish taken in 
the non-tribal whiting fishery, is projected to take 301.9 mt of widow 
rockfish through the end of the year. This leaves 66.1 mt of the 368-mt 
OY available to provide additional groundfish fishing opportunity in 
2007. The Council considered an increase in the widow rockfish bycatch 
limit for the non-tribal whiting fishery to 275 mt, resulting in 32.7 
mt of widow rockfish projected to remain unharvested through 2007. 
Widow rockfish is primarily taken as bycatch in the whiting fisheries.
    The whiting fishery exceeded their initial 2007 bycatch limit for 
widow rockfish of 220 mt by 21.6 mt. This is likely due to several 
factors, including: fishing effort increased during the period when 
fishery participants knew that the fishery was nearing the widow 
rockfish bycatch limit; some final landings data were delayed, which 
caused a delay in the total catch estimates that should have closed the 
fishery earlier; and, the bycatch limit for widow rockfish was set too 
low to accommodate the 2007 whiting OY because the bycatch rate of 
widow rockfish in 2007 was higher than projected at the beginning of 
the year, likely due to the widow rockfish stock rebuilding while the 
whiting stock is in a period of decline. Therefore, at its September 
meeting, the Council purposefully recommended setting the widow 
rockfish bycatch limit well under the amount of widow rockfish 
estimated to be available through the end of 2007. In order to ensure 
more timely data reporting from the shore-based sector when the fishery 
reopened, the Council also recommended delaying reopening of the 
whiting fishery until after the new catch accounting requirements went 
into effect for whiting processors on October 5, 2007 (72 FR 50906). 
This new regulation requires first receivers of whiting deliveries of 
4,000 lb (XXX kg) or more to submit catch reports to the Pacific States 
Marine Fish Commission within 24 hours of landing. Prior to this 
rulemaking, NMFS had no regulations in place to delineate a time frame 
in which reports should be received by fishery managers.
    At its September meeting, the Council also addressed concerns with 
availability of canary rockfish if the whiting fishery were to reopen 
under the higher widow rockfish bycatch limit. The whiting fishery had 
closed with 0.7 mt available in the canary rockfish bycatch limit, and 
an increase in this bycatch limit was not considered by the Council due 
to limited availability of canary rockfish from other fisheries. If the 
whiting fishery were reopened under the same management measures that 
were in place earlier in the year, approximately 1.7 mt of canary 
rockfish would be estimated to be taken if the entire remaining 2007 
whiting OY were caught, exceeding the canary rockfish bycatch limit of 
4.7 mt by 1 mt. The Council discussed reopening the whiting fishery 
seaward of a line approximating the 150-fm (274-m) depth contour to 
reduce the impacts on canary rockfish, which are strongly associated 
with shelf habitat in depths shoreward of 150 fm (274 m), and to keep 
the total catch of canary rockfish within the bycatch limit of 4.7 mt. 
Estimates show that if the entire remaining whiting OY were prosecuted 
seaward of 150 fm (274 m), the canary rockfish catch would be 4.7 mt, 
equivalent to the 2007 bycatch limit.
    Shifting all of the non-tribal whiting fishery effort seaward of a 
line approximating the 150-fm (274-m) depth contour is expected to 
increase impacts on darkblotched rockfish; however, the whiting fishery 
has only taken 12.8 mt of the 25-mt darblotched rockfish bycatch limit, 
or 51 percent, while they have taken 76 percent of the 2007 non-tribal 
whiting allocation. If all of the fisheries that are anticipated to 
take darkblotched rockfish reach their projected take for 2007, 
including the 25-mt bycatch limit for darkblotched rockfish in the non-
tribal whiting fishery, there would be 37.7 mt of darkblotched rockfish 
projected to remain unharvested through 2007.
    A depth-based closure is not a routine management measure for the 
whiting fishery; therefore, a closure shoreward of the line 
approximating the 150-fm (274-m) depth contour cannot be implemented 
via inseason action. The shore-based sector operates in the non-tribal 
whiting primary season under an exempted fishing permit (EFP). A second 
2007 EFP will be issued to each participant in the shore-based fishery 
qualified to fish in the reopening of the fishery. The new EFP must be 
signed and returned to NMFS NWR prior to participation in the fishery, 
and will require that the vessel fish seaward of a line approximating 
the 150-fm (274-m) depth contour. Although a depth-based closure cannot 
be imposed on the mothership or catcher-processor sector via timely 
regulation or EFP, these sectors have agreed to fish seaward of a line 
approximating the 150-fm (274-m) depth contour. On several past 
occasions, these fleets have successfully taken similar voluntary 
action to constrain their bycatch of overfished groundfish species or 
salmon.
    The Council considered possible dates that could be set for 
reopening the non-tribal whiting fishery. The Council agreed that 
reopening the fishery as quickly as possible would be beneficial for 
several reasons, particularly: aggregations of whiting will begin to 
disperse later in the year, potentially causing increased bycatch rates 
for non-whiting species, and; increasing the

[[Page 56668]]

danger of operating in less favorable late autumn weather. Based on 
their discussion of the October 5, 2007 implementation of the first 
receiver reporting rule, described above, the Council recommended 
reopening the fishery as close as possible to October 5, 2007. 
Subsequent Council discussions also highlighted the benefits to the 
data-reporting structure for this fishery of reopening on a Sunday or a 
Monday to shorten the lag time between when the fishery reopens and 
when managers have access to fishery data.
    Based on Council recommendations and discussions, NMFS is 
implementing: (1) an increase in the 2007 non-tribal whiting widow 
rockfish bycatch limit from 220 mt to 275 mt; (2) re-opening the 2007 
non-tribal whiting primary season for the catcher-processor, 
mothership, and shore-based sectors at 0800 l.t. on Sunday, October 7, 
2007 and restricting of the shore-based sector to fishing seaward of a 
line approximating the 150-fm (274-m) depth contour through the EFP.

Classification

    These actions are taken under the authority of 50 CFR 660.370(c) 
and are exempt from review under Executive Order 12866.
    These actions are authorized by the Pacific Coast groundfish FMP 
and its implementing regulations, and are based on the most recent data 
available. The aggregate data, upon which these actions are based, are 
available for public inspection at the Office of the Administrator, 
Northwest Region, NMFS, (see ADDRESSES) during business hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to the 2007 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 part of the 
30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1) and 5 
U.S.C. 553(d)(3).
    The data upon which these recommendations were based was provided 
to the Council and the Council made its recommendations at its 
September 10-14, 2007, meeting in Portland, OR. There was not 
sufficient time after that meeting to draft this notice and undergo 
proposed and final rulemaking before these actions need to be in 
effect. For the actions to be implemented in this notice, affording the 
time necessary for prior notice and opportunity for public comment 
would be impractical and contrary to the public interest because it 
would prevent the Agency from managing fisheries using the best 
available science to approach without exceeding the OYs for Federally 
managed species. The adjustments to management measures in this 
document affect commercial and recreational groundfish fisheries off 
Washington, Oregon, and California.
    Changes to the limited entry trawl RCA must be implemented as 
quickly as possible to allow fishing opportunities that had been 
restricted earlier in the year. Changes to the trawl RCA made in April 
2007, restricted fishing effort in areas of high canary rockfish 
bycatch rates. Catch of canary rockfish by research vessels was much 
lower than predicted over the summer months, and there is canary 
rockfish available for harvest in groundfish fisheries that take canary 
rockfish incidentally. It would be contrary to the public interest to 
wait to implement this RCA revision until after public notice and 
comment, because making this regulatory change as soon as possible 
relieves a regulatory restriction for fisheries that are important to 
coastal communities.
    Changes to the cumulative limits in the non-whiting commercial 
fisheries must be implemented in a timely manner to relieve a 
restriction by allowing fishermen increased opportunities to harvest 
available healthy stocks. Changes to cumulative limits for the 
following stocks must be implemented in a timely manner as close as 
possible to October 1, 2007: (1) sablefish, longspine thornyhead, 
shortspine thornyhead, Dover sole, other flatfish, and slope rockfish 
in the limited entry trawl fishery; and (2) shortspine thornyheads in 
the limited entry fixed gear fishery. In the limited entry trawl 
fishery, changes to the petrale sole cumulative limits must be 
implemented in a timely manner by November 1, 2007. These changes allow 
fishermen an opportunity to harvest higher trip limits for stocks with 
catch tracking behind their projected 2007 catch levels. All of these 
cumulative limit changes are within projected mortality for overfished 
species. All of these actions provide increased trip limits; therefore, 
it would be contrary to the public interest to fail to relieve the 
current restrictions in a timely manner.
    Changes to the non-tribal whiting widow rockfish bycatch limit must 
be implemented and the non-tribal fishery must be reopened on or as 
soon as possible after October 7, 2007, to relieve a restriction by 
allowing fishermen increased opportunities to harvest available healthy 
stocks. It would be contrary to the public interest to wait to 
implement these changes until after public notice and comment, because 
making this regulatory change by October 7 relieves a regulatory 
restriction for fisheries that are important to coastal communities. 
Currently, 24 percent, or 50,055 mt (110,352,385 lb) of the non-tribal 
whiting allocation remains unharvested. The current price of Pacific 
whiting dockside is $0.08 per pound, resulting in approximately 
$8,828,191 of whiting available for harvest. The whiting fishery 
contributes a large amount of revenue to the coastal communities of 
Washington and Oregon, and leaving this portion of the whiting OY 
unharvested sacrifices millions of dollars and hundreds of jobs for 
fishermen and coastal communities. Projected effects of reopening the 
non-tribal whiting fishery and increasing the non-tribal whiting widow 
rockfish bycatch limit are within projected mortality for overfished 
species and other groundfish species. Failing to increase the non-
tribal whiting widow rockfish bycatch limit and reopen the non-tribal 
fishery in a timely manner would result in unnecessary restriction of 
fisheries that are important to coastal communities and is therefore 
contrary to the public interest.
    Changes to the Oregon recreational fishery must be implemented as 
quickly as possible in order to conform to existing Oregon state 
regulations and to keep recreational harvest within Oregon state 
harvest limits. Changes to the California recreational fishery must be 
implemented as quickly as possible in order to conform to upcoming 
California State regulations and to reduce the risk of further 
exceeding the harvest guideline and the risk of exceeding OYs. Without 
action, California's state harvest limits for canary, yelloweye and 
minor shelf rockfish were projected to be exceeded based on updated 
information as of September 10, 2007. CDFG will close recreational 
fisheries for all groundfish species subject to bag limits between 
42[deg] N. lat. and 37[deg]11' N. lat. beginning October 1, 2007. Even 
with this closure, projected impacts to canary, yelloweye, and minor 
nearshore rockfish could still exceed the harvest guidelines, and 
failing to take conforming action would risk additional recreational 
catches of canary, yelloweye, and minor nearshore rockfish in Federal 
waters, which could further exceed the harvest guideline and risk 
exceeding the OYs for these species.
    Delaying these changes would keep management measures in place that 
are not based on the best available data, which could risk fisheries 
exceeding their OY, or deny fishermen access to available harvest. Such 
delay would

[[Page 56669]]

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.

List of Subjects in 50 CFR Part 660

    Fisheries, and Fishing.

    Dated: September 28, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

0
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 inseason to close a sector or sectors 
of the whiting fishery to achieve the rebuilding of an overfished or 
depleted stock, under routine management measure authority at 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; 275 mt of widow rockfish; and 25 mt of 
darkblotched rockfish.
* * * * *

0
3. In Sec.  660.384 a new sentence is added to paragraph (c)(2)(iii), 
and paragraphs (c)(3)(ii)(A)(1) and (2), and (c)(3)(iii)(A)(1) and (2) 
are revised to read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * * From October 1 through December 31, 2007, taking and 
retaining cabezon is prohibited in all areas by boat anglers.
    (3) California. * * *
    (ii) * * *
    (A) * * *
    (1) North of 40[deg]10' N. lat. (North Region), recreational 
fishing for the RCG Complex is open from May 1, 2007 through September 
30, 2007 (i.e., it's closed from January 1 through April 30 and from 
October 1 through December 31, 2007). Recreational fishing for the RCG 
Complex is open from May 1, 2008 through December 31, 2008.
    (2) Between 40[deg]10' N. lat. and 37[deg]11' N. lat. (North 
Central Region), recreational fishing for the RCG Complex is open from 
June 1, 2007 through September 30, 2007 (i.e., it's closed from January 
1 through May 31 and from October 1 through December 31, 2007). 
Recreational fishing for the RCG Complex is open from June 1, 2008 
through November 30, 2008 (i.e., it's closed from January 1 through May 
31 and from December 1-31, 2008).
* * * * *
    (iii) * * *
    (A) * * *
    (1) North of 40[deg]10' N. lat. (North Region), recreational 
fishing for lingcod is open from May 1 through September 30, 2007 
(i.e., it's closed from January 1 through April 30 and from October 1 
through December 31, 2007). Recreational fishing for lingcod is open 
from May 1, 2008 through November 30, 2008 (i.e., it's closed from 
January 1 through April 30 and from December 1 31, 2008).
    (2) Between 40[deg]10' N. lat. and 37[deg]11' N. lat. (North 
Central Region), recreational fishing for lingcod is open from June 1, 
2007 through September 30, 2007 (i.e., it's closed from January 1 
through May 31 and from October 1 through December 31, 2007). 
Recreational fishing for lingcod is open from June 1, 2008 through 
November 30, 2008 (i.e., it's closed from January 1 through May 31 and 
from December 1 31, 2008).
* * * * *

0
4. Tables 3 (North), 3 (South), and 4 (South) to part 660 subpart G are 
revised to read as follows.
BILLING CODE 3510-22-S

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[FR Doc. 07-4917 Filed 10-1-07; 2:16 pm]
BILLING CODE 3510-22-C


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