61102 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

Federal Communications Commission. 

Mark Stone, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. 2010–22530 Filed 10–1–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–BA28 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Inseason Adjustments to Fishery 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures; request for comments. 

SUMMARY: This final rule makes 

inseason adjustments to commercial 

fishery management measures for 

several groundfish species taken in the 

U.S. exclusive economic zone (EEZ) off 

the coasts of Washington, Oregon, and 

California. 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 and to prevent 

exceeding 2010 optimum yields. 

DATES: Effective 0001 hours (local time) 

October 1, 2010. Comments on this final 

rule must be received no later than 5 

p.m., local time on November 3, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–BA28, 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 

Hanshew. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way, 

NE., Seattle, WA 98115–0070, Attn: 

Gretchen Hanshew. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew (Northwest Region, 

NMFS), 206–526–6147, fax: 206–526– 

6736, gretchen.hanshew@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s (the Council or 

PFMC) Web site at http:// 

www.pcouncil.org/. 

Background 

On December 31, 2008, NMFS 

published a proposed rule to implement 

the 2009–2010 specifications and 

management measures for the Pacific 

Coast groundfish fishery (73 FR 80516). 

The final rule to implement the 2009– 

2010 specifications and management 

measures for the Pacific Coast 

Groundfish Fishery was published on 

March 6, 2009 (74 FR 9874). This final 

rule was subsequently amended by 

inseason actions on April 27, 2009 (74 

FR 19011), July 6, 2009 (74 FR 31874), 

October 28, 2009 (74 FR 55468), 

February 26, 2010 (75 FR 8820), May 4, 

2010 (75 FR 23620), July 1, 2010 (75 FR 

38030), July 16, 2010 (75 FR 41386), and 

August 23, 2010 (75 FR 51684). 

Additional changes to the 2009–2010 

specifications and management 

measures for petrale sole were made in 

two final rules: on November 4, 2009 

(74 FR 57117), and December 10, 2009 

(74 FR 65480). NMFS issued a final rule 

in response to a duly issued court order 

on July 8, 2010 (75 FR 39178). These 

specifications and management 

measures are at 50 CFR part 660, 

subpart G. 

Changes to the 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 10–16, 2010, 

meeting in Boise, Idaho. The Council 

recommended adjusting the groundfish 

management measures to respond to 

updated fishery information and other 

inseason management needs. These 

changes include increases to bi-monthly 

cumulative limits in the limited entry 

trawl commercial fisheries off 

Washington, Oregon, and California and 

reductions to daily trip limits (DTL) for 

sablefish in the limited entry fixed gear 

and open access commercial fisheries 

south of 36° N. lat. The increases to 

cumulative limits are intended to allow 

additional harvest opportunities for 

species for which catch estimates 

through the end of the year are lower 

than anticipated. The changes to 

sablefish DTL limits are intended to 

prevent higher than anticipated 

sablefish catches from exceeding the 

2010 sablefish optimum yield (OY). 

Limited Entry Non-Whiting Trawl 

Fishery 

At their September 2010 meeting, the 

Council received new data and analyses 

on the catch of groundfish in the limited 

entry trawl fishery. 

Catches of several trawl target species 

were tracking behind 2010 projections 

made at the Council’s June 2010 

meeting, or were projected to be below 

the 2010 OYs if no adjustments to 

cumulative limits are made. At their 

September meeting, the Council 

considered the most recently available 

data from the Pacific Fishery 

Information Network (PacFIN). These 

data, dated August 18, 2010, indicated 

the total catch projections through the 

end of the year for sablefish, longspine 

thornyheads, shortspine thornyheads, 

Dover sole, arrowtooth flounder, slope 

rockfish and other flatfish were lower 

than anticipated. 

The Council considered modest 

increases to bi-monthly cumulative 

limits for these species for which the 

catch is projected to be lower than 

anticipated in order to meet the Pacific 

Coast Groundfish FMP objective of 

achieving, to the extent possible, but not 

exceeding, OYs of target species. A twomonth limit can be raised in the middle 

of the period, therefore, this increase 

would become effective during the twomonth cumulative limit, on October 1. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing the following 

changes to cumulative limits in the 

limited entry non-whiting trawl fishery 

on October 1, 2010 through the end of 

the year: increase the sablefish trip 

limits taken with large and small 

footrope gear North of 40°10′ N. lat. and 

for all trawl gears South of 40°10′ N. lat. 


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from ‘‘21,000 lb per 2 months’’ to 

‘‘24,000 lb per 2 months’’, and taken 

with selective flatfish trawl gear North 

of 40°10′ N. lat. from ‘‘9,000 lb per 2 

months’’ to ‘‘10,000 lb per 2 months’’; 

increase the longspine thornyhead trip 

limits taken with large and small 

footrope gear from ‘‘24,000 lb per 2 

months’’ to ‘‘26,000 lb per 2 months’’ 

coastwide; increase the shortspine 

thornyhead trip limits taken with large 

and small footrope gear from ‘‘18,000 lb 

per 2 months’’ to ‘‘20,000 lb per 2 

months’’ coastwide,; increase the Dover 

sole trip limits taken with large and 

small footrope gear North of 40°10′ N. 

lat. and for all trawl gears South of 

40°10′ N. lat. from ‘‘100,000 lb per 2 

months’’ to ‘‘110,000 lb per 2 months’’, 

and taken with selective flatfish trawl 

gears from ‘‘65,000 lb per 2 months’’ to 

‘‘70,000 lb per 2 months’’ in the north, 

beginning on October 1 through the end 

of the year; increase the arrowtooth 

flounder trip limits taken with large and 

small footrope gear North of 40°10′ N. 

lat. from ‘‘150,000 lb per 2 months’’ to 

‘‘180,000 lb per 2 months’’ and taken 

with selective flatfish trawl gear from 

‘‘90,000 lb per 2 months’’ to ‘‘100,000 lb 

per 2 months’’; increase the arrowtooth 

flounder trip limits taken with all trawl 

gears South of 40°10′ N. lat. from 

‘‘10,000 lb per 2 months’’ to ‘‘12,000 lb 

per 2 months’’; increase the other flatfish 

trip limits taken with large and small 

footrope gear North of 40°10′ N. lat. and 

all trawl gears South of 40°10′ N. lat. 

from ‘‘100,000 lb per 2 months’’ to 

‘‘110,000 lb per 2 months’’, and taken 

with selective flatfish trawl gear in the 

north from ‘‘60,000 lb per 2 months’’ to 

‘‘70,000 lb per 2 months’’; increase the 

slope rockfish trip limits in the north 

from ‘‘2,000 lb per 2 months’’ to ‘‘4,000 

lb per 2 months’’. This rule also makes 

changes to the trip limits for vessels that 

use multiple types of bottom trawl 

gears, simultaneously or successively, 

during a single cumulative limit period. 

Vessels that use multiple bottom trawl 

gears are subject to the most restrictive 

limit, and in most cases this is the trip 

limit for vessels using selective flatfish 

trawl gear. Therefore, if trip limits for 

vessels using selective flatfish trawl gear 

are modified, the trip limits for vessels 

using multiple trawl gears will also be 

modified accordingly. 

Sablefish Daily Trip Limit Fishery 

South of 36≥ N. Lat. 

Catch of sablefish in the limited entry 

fixed gear and open access daily trip 

limit (DTL) fisheries south of 36° N. lat. 

has been higher than anticipated. Based 

on the most recent fishery information, 

if no action is taken and catch remains 

higher than expected, landings of 

sablefish through the end of the year 

would be 1,825 mt. This level of catch 

would exceed the 2010 sablefish OY for 

the area south of 36° N. lat. of 1,258 mt 

by approximately 45 percent. The 

Council considered several 

combinations of trip limit reductions in 

the limited entry fixed gear and open 

access sablefish DTL fisheries south of 

36° N. lat. to allow the fisheries to 

remain open through the remainder of 

2010, while preventing the 2010 

sablefish OY for the area south of 36° N. 

lat. from being exceeded. 

Sablefish landings from March 

through July 2010 were much higher in 

these fisheries than during that same 

period in 2009, which had the same trip 

limits and RCA structure. Therefore, it 

is most likely that increased 

participation, particularly new entrants 

in the open access sector of the nontrawl commercial fishery, has been the 

primary cause of the higher than 

expected catches. Therefore, the Council 

considered larger restrictions to trip 

limits in the open access sablefish DTL 

fishery. Modest decreases were also 

considered for the limited entry fixed 

gear fishery, to further reduce projected 

impacts and to prevent the open access 

fishery from having to be closed entirely 

to prevent exceeding the 2010 sablefish 

OY. With these trip limit reductions, 

projected impacts are not anticipated to 

exceed 2010 sablefish OY for the area 

south of 36° N. lat. of 1,258 mt. 

Projected impacts to overfished 

species in the limited entry fixed gear 

and open access fisheries are calculated 

assuming the entire sablefish OY is 

harvested. Therefore, decreases to trip 

limits to prevent exceeding the 2010 

sablefish OY do not result in changes to 

anticipated impacts to co-occurring 

overfished groundfish species. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing a decrease in the 

limited entry fixed gear sablefish DTL 

fishery cumulative limits south of 36° N. 

lat. from ‘‘3,000 lb per week’’ to ‘‘2,800 

lb per week’’ beginning on October 1, 

2010 through the end of the year. 

Based on the considerations outlined 

above, the Council recommended and 

NMFS is implementing restrictions to 

the open access sablefish DTL fishery 

trip limits South of 36° N. lat. from ‘‘400 

lb per day, or 1 landing per week of up 

to 2,500 lb’’ to ‘‘800 lb per week, not to 

exceed 1,600 lb per month’’ beginning 

on October 1, 2010 through the end of 

the year. 

Classification 

This rule makes routine inseason 

adjustments to groundfish fishery 

management measures based on the best 

available information and is taken 

pursuant to the regulations 

implementing the Pacific Coast 

Groundfish FMP. 

These actions are taken under the 

authority of 50 CFR 660.370(c) and are 

exempt from review under Executive 

Order 12866. 

These inseason adjustments are taken 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), and are in accordance with 50 CFR 

part 660, the regulations implementing 

the FMP. These actions 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 

groundfish management measures under 

5 U.S.C. 553(b)(B) because notice and 

comment would be impracticable and 

contrary to the public interest. Also, for 

the same reasons, NMFS finds good 

cause to waive the 30-day delay in 

effectiveness pursuant to 5 U.S.C. 

553(d)(3), so that this final rule may 

become effective as quickly as possible. 

The recently available data upon 

which these recommendations were 

based was provided to the Council, and 

the Council made its recommendations, 

at its September 10–16, 2010, meeting in 

Boise, Idaho. The Council 

recommended that these changes be 

implemented by October 1, 2010 or as 

quickly as possible. 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. For the 

actions to be implemented in this final 

rule, affording the time necessary for 

prior notice and opportunity for public 

comment would prevent the Agency 

from managing fisheries using the best 

available science to approach, without 

exceeding, the OYs for federally 

managed species in accordance with the 

FMP and applicable laws. The 

adjustments to management measures in 

this document affect commercial 

fisheries off Washington, Oregon, and 

California. 

The adjustments to management 

measures in the limited entry trawl 

fishery must be implemented in a timely 

manner to allow fishermen an 

opportunity to achieve the 2010 OYs 

specified for limited entry trawl for 

sablefish, longspine and shortspine 

thornyheads, Dover sole, arrowtooth 

flounder, other flatfish, and slope 


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rockfish. Increases are necessary to 

relieve a restriction by allowing 

fishermen increased opportunities to 

harvest available healthy stocks while 

staying within the OYs for all species. 

These changes must be implemented in 

a timely manner, as quickly as possible, 

so that fishermen are allowed increased 

opportunities to harvest available 

healthy stocks and meet the objective of 

the Pacific Coast Groundfish FMP to 

allow fisheries to approach, but not 

exceed, OYs. 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 quickly allows 

additional harvest in fisheries that are 

important to coastal communities. 

Restrictions to cumulative limits in 

the limited entry fixed gear and open 

access sablefish DTL fishery are needed 

to prevent the 2010 sablefish OY in the 

area South of 36° N. lat. from being 

exceeded and prevent premature closure 

of fisheries that take sablefish. These 

changes must be implemented in a 

timely manner by October 1, 2010. 

Failure to implement trip limit 

restrictions by October 1, 2010 would 

risk premature closure of fisheries that 

are important to coastal communities, 

which would fail to meet the objectives 

of the Pacific Coast Groundfish FMP to 

allow for year round fishing 

opportunities to provide community 

stability. 

These revisions are needed to keep 

the harvest of groundfish species within 

the harvest levels projected for 2010, 

while allowing fishermen access to 

healthy stocks. Without these measures 

in place, the fisheries could risk 

exceeding harvest levels, causing early 

and unanticipated fishery closures and 

economic harm to fishing communities. 

Delaying these changes would keep 

management measures in place that are 

not based on the best available data and 

that could lead to early closures of the 

fishery if harvest of groundfish exceeds 

levels projected for 2010. Such delay 

would 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, Fishing, Indian Fisheries. 

Dated: September 28, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. Tables 3 (North) and 3 (South), 

Table 4 (South), and Table 5 (South) to 

part 660, subpart G, are revised to read 

as follows: 

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[FR Doc. 2010–24821 Filed 10–1–10; 8:45 am] 

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