[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Rules and Regulations]
[Pages 72385-72402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23640]


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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.

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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:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#5f182d302a313b39362c3716312c3a3e2c30316a7131282d1f31303e3e71383029"><span class="__cf_email__" data-cfemail="17506578627973717e647f5e796472766478792239796065577978767639707861">[email protected]</span></a>. Include I.D. 
number 112305B in the subject line of the message.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 206-526-6736, Attn: Carrie Nordeen.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#f7949685859e92d999988593929299b799989696d9909881"><span class="__cf_email__" data-cfemail="f89b998a8a919dd696978a9c9d9d96b896979999d69f978e">[email protected]</span></a>.

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

[[Page 72386]]

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[deg] 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[deg]27' N. lat., and minor nearshore and black rockfish 
between 42[deg]00' N. lat. and 40[deg]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[deg] 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 non-tribal 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[deg]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[deg]10' N. lat., decrease limited entry 
trawl petrale sole cumulative sub-limit from 2,000 lb (907 kg) per 2 
months to closed, (3) Between 40[deg]10' N. lat. and 38[deg] 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[deg] 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[deg]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

[[Page 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[deg]10' N. lat. and 36[deg] 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[deg]10' N. lat. and 36[deg] N. lat. as follows: 
Between 40[deg]10' N. lat. and 36[deg] 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[deg]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[deg]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[deg]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[deg]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[deg]10' N. lat. and 
38[deg] 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 catch-per-unit-effort of darkblotched rockfish occurs south 
of 38[deg] N. lat. This observation of decreased density led to 
implementation of a management line at 38[deg] N. lat. that allows 
slope management south of 38[deg] N. lat. to be separated from 
management actions needed to rebuild darkblotched, and allows the 
severity of management measures between 40[deg]10' N. lat and 38[deg] 
N. lat. to be intermediate to those for areas south of 38[deg] N. lat 
and north of 40[deg]10' N. lat.
    Darkblotched rockfish bycatch rates between 40[deg]10' N. lat. and 
38[deg] N. lat. at depths greater than 150-fm (274-m) are considerably 
lower than those for the same depth range north of 40[deg]10' N. lat. 
When bycatch rates for darkblotched rockfish between 40[deg]10' N. lat. 
and 38[deg] N. lat. are compared to bycatch rates from depths greater 
than 200-fm (366-m) north of 40[deg]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[deg] 
N. lat., in the area between 40[deg]10' N. lat. and 38[deg] 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[deg]10' N. lat. and south

[[Page 72388]]

of 38[deg] 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[deg]10' N. lat. and 38[deg] 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[deg]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[deg]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[deg]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[deg]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 co-occurring 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[deg] N. lat.

    In recent years, the sablefish daily trip limit (DTL) fishery north 
of 36[deg] 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[deg] N. lat.

Shelf, Shortbelly, and Widow Rockfish South of 34[deg]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[deg]27' N. lat.

Minor Nearshore and Black Rockfish between 40[deg]10' N. lat. and 
42[deg] 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.

[[Page 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[deg]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[deg]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.

0
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

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.  660.384, paragraphs (c)(1)(i)(B), (c)(2)(i) and (iii), and 
(c)(3)(i)(A)(2) are revised to read as follows:

[[Page 72390]]

Sec.  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 Sec.  660.370(c). Coordinates for the boundary 
line approximating the 30-fm (55-m) depth contour are listed in Sec.  
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 Sec.  
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 Sec.  
660.370(c). Coordinates for the boundary line approximating the 30-fm 
(55-m) depth contour are listed at Sec.  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[deg]10' N. lat. and 36[deg] 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.
* * * * *

0
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:
BILLING CODE 3510-22-S

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[FR Doc. 05-23640 Filed 11-30-05; 3:09 pm]
BILLING CODE 3510-22-C


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