Rule: Fishery Conservation and Management: Northeastern United States Fisheries&#8212 Pacific Coast Groundfish

Federal Register / Vol. 72, No.
232 / Tuesday, December 4, 2007 / Rules and Regulations 68097
a moratorium permit for summer • Mail: D. Robert Lohn, Administrator, September 18, 2007 (72 FR 53165); and
flounder; to carry a NMFS-certified Northwest Region, NMFS, 7600 Sand October 4, 2007 (72 FR 56664).
fisheries observer. A vessel holding a Point Way NE, Seattle, WA 98115–0070, Changes to current groundfish
permit for Atlantic sea scallops is Attn: Gretchen Arentzen. management measures implemented by
subject to the additional requirements Instructions: All comments received this action were recommended by the
specific in paragraph (g) of this section. are a part of the public record and will Council, in consultation with Pacific
Also, any vessel or vessel owner/ generally be posted to http:// Coast Treaty Indian Tribes and the
operator that fishes for, catches or lands www.regulations.gov without change. States of Washington, Oregon, and
hagfish, or intends to fish for, catch, or All Personal Identifying Information (for California, at its November 5–9, 2007,
land hagfish in or from the exclusive example, name, address, etc.) meeting in San Diego, California. At that
economic zone must carry a NMFS- voluntarily submitted by the commenter meeting, the Council recommended
certified fisheries observer when may be publicly accessible. Do not adjusting current groundfish
requested by the Regional Administrator submit Confidential Business management measures to respond to
in accordance with the requirements of Information or otherwise sensitive or updated fishery information and other
this section. protected information. inseason management needs in order to
* * * * * allow access to groundfish without
NMFS will accept anonymous
exceeding the 2007 optimum yields
[FR Doc. E7–23513 Filed 12–3–07; 8:45 am] comments. Attachments to electronic
(OYs) for the target species or the 2007
BILLING CODE 3510–22–S comments will be accepted in Microsoft
OYs for overfished and depleted stocks.
Word, Excel, WordPerfect, or Adobe For the remainder of 2007, the
PDF file formats only. Council recommended increasing the 2-
DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: month cumulative limits for sablefish in
National Oceanic and Atmospheric Gretchen Arentzen (Northwest Region, the limited entry non-whiting trawl
Administration NMFS), phone: 206–526–6147, fax: 206– fishery for large and small footrope
526–6736 and e-mail trawl gear north of 40°10.00′ N. lat.,
50 CFR Part 660 gretchen.arentzen@noaa.gov. increasing trip limits for sablefish in the
limited entry non-whiting trawl fishery
SUPPLEMENTARY INFORMATION:
[Docket No. 060824226–6322–02] south of 40°10.00′ N. lat., and increasing
Electronic Access the open access sablefish daily trip
RIN 0648–AW27 limits between 40°10.00′ N. lat. and 36°
This final rule is accessible via the N. lat.
Magnuson-Stevens Act Provisions; Internet at the Office of the Federal The Council also recommended
Fisheries Off West Coast States; Register’s Website at http:// adjusting management measures
Pacific Coast Groundfish Fishery; www.gpoaccess.gov/fr/index.html. beginning January 1, 2008; these
Biennial Specifications and Background information and documents measures will be implemented in a
Management Measures; Inseason are available at the Pacific Fishery separate rulemaking.
Adjustments Management Council’s (Council’s) NMFS has considered the
website at http://www.pcouncil.org/. recommendations for the remainder of
AGENCY: National Marine Fisheries
Background 2007, and is implementing them as
Service (NMFS), National Oceanic and
described below. Pacific Coast
Atmospheric Administration (NOAA), The Pacific Coast Groundfish FMP groundfish landings will be monitored
Commerce. and its implementing regulations at title throughout the remainder of the
ACTION: Final rule; inseason adjustments 50 in the Code of Federal Regulations biennium, and further adjustments to
to biennial groundfish management (CFR), part 660, subpart G, regulate trip limits or management measures
measures; request for comments. fishing for over 90 species of groundfish may be made as necessary to allow
off the coasts of Washington, Oregon, achievement of, or to avoid exceeding,
SUMMARY: This final rule announces
and California. Groundfish optimum yields (OYs).
inseason changes to management specifications and management
measures in the commercial Pacific measures are developed by the Pacific Commercial Sablefish Fishery
Coast groundfish fishery. These actions, Fishery Management Council (Council), Management Measures
which are authorized by the Pacific and are implemented by NMFS. A The Council considered adjustments
Coast Groundfish Fishery Management proposed rule to implement the 2007– to 2007 sablefish trip limits in the
Plan (FMP), are intended to allow 2008 specifications and management limited entry non-whiting trawl fishery
fisheries to access more abundant measures for the Pacific Coast and in the open access daily trip limit
groundfish stocks while protecting groundfish fishery and Amendment 16– (DTL) fishery. At the Council’s
overfished and depleted stocks. 4 of the FMP was published on November 2007 meeting, an advisory
DATES: Effective 0001 hours (local time) September 29, 2006 (71 FR 57764). The body to the Council, the Groundfish
December 4, 2007. Comments on this final rule to implement the 2007–2008 Management Team (GMT), reviewed the
final rule must be received no later than specifications and management best available data on estimates of
5 p.m., local time on January 3, 2008. measures for the Pacific Coast landed catch and total mortality for the
ADDRESSES: You may submit comments, Groundfish Fishery was published on sablefish in the limited entry trawl and
identified by RIN 0648–AW27 by any December 29, 2006 (71 FR 78638). These open access fisheries. These data, which
one of the following methods: specifications and management estimated catch through the end of
• Electronic Submissions: Submit all measures were codified in the CFR (50 October, were compared to catch and
sroberts on PROD1PC70 with RULES
electronic public comments via the CFR part 660, subpart G). The final rule mortality estimates modeled for these
Federal eRulemaking Portal http:// was subsequently amended on: March fisheries and were used to update catch
www.regulations.gov. 20, 2007 (72 FR 13043); April 18, 2007 predictions through the end of the year.
• Fax: 206–526–6736, Attn: Gretchen (72 FR 19390); July 5, 2007 (72 FR Based on the Pacific Fishery
Arentzen 36617); August 3, 2007 (72 FR 43193); Information Network’s (PacFIN’s) Quota
VerDate Aug<31>2005 18:18 Dec 03, 2007 Jkt 214001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1
68098 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
Species Monitoring (QSM) data, landed These actions are authorized by the Changes to sablefish cumulative limits
catch and total mortality data to date for Pacific Coast groundfish FMP and its for the following fisheries must be
2007 have been lower than expected for: implementing regulations, and are based implemented as close as possible to
sablefish taken with large and small on the most recent data available. The December 1, 2007: (1) limited entry
footrope trawl gear north of 40°10′ N. aggregate data, upon which these trawl fishery north and south of
lat.; sablefish taken with trawl gear actions are based, are available for 40°10.00′ N. lat.; and (2) open access
south of 40°10′ N. lat., and in the open public inspection at the Office of the daily trip limit fishery between
access sablefish DTL fishery north of 36° Administrator, Northwest Region, 40°10.00′ N. lat. and 36° N. lat. It would
N. lat. The Council considered increases NMFS, (see ADDRESSES) during business be contrary to the public interest to wait
to sablefish trip limits in these fisheries hours. to implement these trip limit changes
and the potential impacts on overall For the following reasons, NMFS until after public notice and comment,
catch levels and overfished species. finds good cause to waive prior public because making these regulatory
The most recently updated catch notice and comment on the revisions to changes as soon as possible relieves an
projections for 2007 indicate 89 percent groundfish management measures under unnecessary regulatory restriction for
(2,380 mt out of 2,651 mt) of the trawl 5 U.S.C. 553(b)(3)(B) because notice and fisheries that are important to coastal
allocation of sablefish north of 36°, and comment would be impracticable and communities. For the same reasons,
77 percent (350 mt out of 456 mt) of the contrary to the public interest. Also for allowing a 30-day delay in effectiveness
open access allocation of sablefish is the same reasons, NMFS finds good would be contrary to the public interest.
expected to be taken through the end of cause to waive the 30-day delay in Delaying these changes would keep
the year. This action would not increase effectiveness pursuant to 5 U.S.C. management measures in place that are
estimated impacts on overfished species 553(d)(1) and 5 U.S.C. 553(d)(3). not based on the best available data,
The data upon which these
because estimated mortality for which could risk fisheries exceeding
recommendations were based was
overfished species for 2007 assume that OYs, or deny fishermen access to
provided to the Council and the Council
these sectors will achieve their sablefish available harvest. Such delay would
made its recommendations at its
allocations. Therefore, the Council impair achievement of one of the Pacific
November 5–9, 2007, meeting in San
recommended and NMFS is Diego, California. The Council Coast Groundfish FMP objectives of
implementing: an increase in the recommended that these changes be providing for year-round harvest
limited entry trawl limits for large and implemented on or as close as possible opportunities or extending fishing
small footrope trawl gear north of to December 1, 2007. There was not opportunities as long as practicable
40°10.00′ N. lat. from 22,000 lb (9,979 sufficient time after that meeting to draft during the fishing year.
kg) per two months to 30,000 lb (13,608 this document and undergo proposed List of Subjects in 50 CFR Part 660
kg) per two months; an increase in the and final rulemaking before these
sablefish trawl trip limits south of actions need to be in effect. For the Administrative practice and
40°10′ N. lat. from 22,000 lb (9,979 kg) actions to be implemented in this procedure, Fisheries, Fishing, Reporting
per two months to 30,000 lb (13,608 kb) notice, affording the time necessary for and recordkeeping requirements.
per two months; and an increase in the prior notice and opportunity for public Dated: November 28, 2007.
open access sablefish daily trip limits comment would be impractical and Emily H. Menashes
between 40°10.00′ N. lat. and 36° N. lat. contrary to the public interest because it Acting Director, Office of Sustainable
from ‘‘300 lb (136 kg) per day, or 1 would prevent the Agency from Fisheries, National Marine Fisheries Service.
landing per week of up to 700 lb (318 managing fisheries using the best
kg), not to exceed 2,100 lb (953 kg) per available science to approach without ■ For the reasons set out in the
two months’’ to ‘‘300 lb (136 kg) per exceeding the OYs for federally preamble, 50 CFR part 660 is amended
day, or 1 landing per week of up to managed species. The adjustments to as follows:
1,000 lb (454 kg), not to exceed 3,000 lb management measures in this document
(1,360 kg) per two months’’, beginning PART 660—FISHERIES OFF WEST
affect commercial groundfish fisheries COAST STATES
December 1 through the remainder of off Washington, Oregon, and California.
2007. Changes to the sablefish cumulative ■ 1. The authority citation for part 660
Classification limits for the rest of 2007 in the non- continues to read as follows:
whiting commercial fisheries must be
These actions are taken under the implemented as soon as possible to Authority: 16 U.S.C. 1801 et seq.
authority of 50 CFR 660.370(c) and are relieve a restriction by allowing ■ 2. Tables 3 (North) and 3 (South) to
exempt from review under Executive fishermen increased opportunities to part 660, subpart G are revised to read
Order 12866. harvest available healthy stocks. as follows:
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations 68099
ER04DE07.045</GPH>
ER04DE07.046</GPH>
ER04DE07.047</GPH>
ER04DE07.048</GPH>
■ 3. Table 5 (South) to part 660, subpart

G is revised to read as follows:
ER04DE07.049</GPH>
ER04DE07.050</GPH>
[FR Doc. 07–5925 Filed 12–3–07; 8:45 am]

BILLING CODE 3510–22–C
ER04DE07.051</GPH>

Rule: Fishery Conservation and Management: Northeastern United States Fisheries&#8212 Pacific Coast Groundfish

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rule: Fishery Conservation and Management: Northeastern United States Fisheries&#8212 Pacific Coast Groundfish

Uploaded by

Copyright:

Available Formats

Federal Register / Vol. 72, No.

232 / Tuesday, December 4, 2007 / Rules and Regulations 68097

■ 3. Table 5 (South) to part 660, subpart

[FR Doc. 07–5925 Filed 12–3–07; 8:45 am]

You might also like