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[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58499-58503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23722]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0809231252-81272-01]
RIN 0648-AX28

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Biennial Specifications and 
Management Measures; Inseason Adjustments; Correction

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

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures; correcting amendment.

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SUMMARY: NMFS announces correction to Federal regulations for the West 
Coast groundfish fishery. This action corrects trip limits for vessels 
using multiple bottom trawl gears, which were published in a final 
rule. That final rule announced inseason changes to management measures 
in the commercial Pacific Coast groundfish fisheries. This correction 
is intended to eliminate any confusion for the public that may have 
occurred as a result of prior incorrect NMFS publications.

DATES: Effective 0001 hours (local time) October 7, 2008. Comments on 
this final rule must be received no later than 5 p.m., local time on 
November 6, 2008.

ADDRESSES: You may submit comments, identified by RIN 0648-AX28 by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 206-526-6736, Attn: Gretchen Arentzen.
     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 
[email protected].

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 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

[[Page 58500]]

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 are 
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); September 18, 2007 (72 FR 53165); October 4, 2007 (72 FR 
56664); December 4, 2007 (72 FR 68097); December 18, 2007 (72 FR 
71583); April 18, 2008 (73 FR 21057); and July 24, 2008 (73 FR 43139).
    The July 24, 2008 final rule implemented inseason adjustments to 
groundfish management measures to respond to updated fishery 
information and other inseason management needs, effective August 1, 
2008 (73 FR 43139). This final rule, in part, adjusted trip limits in 
the limited entry non-whiting trawl fishery North of 40[deg]10.00' N. 
lat. NMFS accepted public comments on this final rule through August 
25, 2008. No comments were received regarding this final rule.
    Multiple types of bottom trawl gear are used in this sector of the 
fishery, including large footrope and small footrope trawl gears. Trip 
limits for some species, presented in Table 3 (North) to part 660 
subpart G, are gear-specific due to differences in selectivity. 
Providing differential trip limits based on gear selectivity is a 
management measure that is designed to meet the Pacific Coast 
Groundfish FMP objective of achieving, to the extent possible, but not 
exceeding, OYs of target species, while fostering the rebuilding of 
depleted stocks by remaining within their rebuilding OYs.
    In the northern bottom trawl fishery, which is structured around 
gear-specific cumulative trip limits, use of multiple gear types during 
a single trip has required the designation of cumulative trip limits on 
trips in which multiple types of gears are used or are on board the 
fishing vessel. This is useful for enforcement of cumulative trip 
limits, and catch accounting. Regulations that define cumulative trip 
limits, if more than one type of trawl gear is on board the vessel, are 
at 50 CFR 660.381 (c)(4)(i)(D). In these regulations, vessels with 
multiple trawl gears on board at any time during the cumulative limit 
period are subject to the smaller of the limits, for the gears on 
board, for that entire cumulative limit period. In addition to this 
text description in the regulations, Table 3 (North) provides the 
numerical value for the most restrictive gear-specific trip limits in a 
line titled ``multiple bottom trawl gears''. An additional description 
is provided in the 8th footnote to that table.
    In the July 24, 2008 inseason final rule, gear specific trip limits 
for sablefish and Dover sole, taken by vessels using selective flatfish 
trawl gear, were raised from August 1 through the remainder of the 
year, consistent with the recommendation by the Council at its June 6-
13, 2008, meeting in Foster City, California. For these species, gear-
specific trip limits for vessels using selective flatfish trawl gear 
are the most restrictive. Therefore, the lines in Table 3 (North) 
describing the ``multiple bottom trawl gears'' trip limits for these 
species should be equal to the selective flatfish trawl limits over the 
entire year. The numerical value for ``multiple bottom trawl gears'', 
which should be equal to the cumulative limits for selective flatfish 
trawl gear, were not increased. An oversight created an inconsistency 
between the most restrictive gear-specific cumulative trip limits, 
which are repeated in lines 14 and 26 in Table 3 (North), and described 
in the table's 8th footnote and the regulations at Sec.  660.381. This 
correction publishes Table 3 (North) with numerical values in the lines 
defining cumulative trip limits for vessels using ``multiple bottom 
trawl gears'' corrected to reflect the most restrictive gear-specific 
cumulative trip limits for sablefish and Dover sole, consistent with 
the table's 8th footnote, regulatory text at Sec.  660.381(c)(4)(i)(D), 
and the Council's June recommendations for inseason modifications to 
cumulative trip limits.

Classification

    The Assistant Administrator for Fisheries (AA), NOAA, finds good 
cause to waive the requirement to provide prior notice and opportunity 
for public comment on this action pursuant to 5 U.S.C. 553(b)(B); 
providing prior notice and opportunity for comment would be contrary to 
the public interest.
    This correction document revises Table 3 (North) to part 660, 
subpart G of the Code of Federal Regulations so that the cumulative 
trip limits for vessels using ``multiple bottom trawl gears'', taking 
and retaining sablefish and Dover sole, are consistent with regulations 
at Sec.  660.381(c)(4)(i)(D). Allowing inconsistencies caused by an 
oversight to remain in the Federal Register would be contrary to the 
public interest. It would leave language in the CFR that implies that 
trip limits for vessels using multiple trawl gear are unnecessarily 
lower than described in the regulatory text, and are unnecessarily 
lower than the most restrictive gear-specific cumulative trip limit 
shown in Table 3 (North). This correction is intended to allow 
increased harvest opportunities for healthy groundfish stocks, so that 
NMFS may meet its obligations under the Groundfish FMP to achieve, to 
the extent possible, the OYs of target species. Failing to meet this 
obligation as quickly as possible would be contrary to the public 
interest, as it would unnecessarily restrict cumulative trip limits for 
vessels using multiple bottom trawl gears. The use of cumulative trip 
limits for vessels using multiple bottom trawl gears were analyzed in 
the 2005-2006 groundfish specifications and management measures 
Environmental Impact Statement and clearly described in the preamble to 
the inseason final rule, implemented on April 1, 2005 (70 FR 16145, 
March 30, 2005). Prior notice and opportunity for comment was provided 
earlier because both the EIS and the final rule were made available for 
public comment, and no comments were received pertaining to the 
representation of ``multiple bottom trawl gear'' cumulative trip limits 
in Table 3 (North).
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based on the reasons provided above for waiver of prior notice and 
opportunity for public comment.

List of Subjects in 50 CFR Part 660

    Fishing, Fisheries, and Indian Fisheries.

    Dated: October 1, 2008.
James W. Balsiger,
Acting Assistant Administrator For 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

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

    Authority: 16 U.S.C. 1801 et seq.
    2. Table 3 (North) to part 660 subpart G is revised to read as 
follows:
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[FR Doc. E8-23722 Filed 10-6-08; 8:45 am]
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