Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures

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DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 0809121213-81246-01] RIN 0648-AX24 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures AGENCY:

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

ACTION:

Proposed rule; request for comments.

SUMMARY:

NMFS proposes a rule to set the 2009-2010 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California and to revise rebuilding plans for four of the seven overfished rockfish species, consistent with the Mangunson-Stevens Fishery Conservation and Management Act and the Pacific Coast Groundfish Fishery Management Plan. Together, the revisions to rebuilding plans and the 2007-2008 harvest specifications and management measures are intended to rebuild overfished stocks as soon as possible, taking into account the status and biology of the stocks, the needs of fishing communities, and the interaction of the overfished stocks within the marine environment.

DATES:

Comments on this proposed rule must be received no later than 5 p.m., local time on January 30, 2009.

ADDRESSES:

You may submit comments, identified by RIN 0648-AX24 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

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 gretchen.arentzen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This proposed 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 Web site at http://www.pcouncil.org/.

Background

The amount of each Pacific Coast groundfish species or species group that is available for harvest in a specific year is referred to as a harvest specification. Harvest specifications include acceptable biological catches (ABCs), optimum yields (OYs), and harvest guidelines (HGs). Harvest specifications may also include “set-asides” of harvestable amounts of fish.

guidelines (HGs). Harvest specifications may also include “set-asides” of harvestable amounts of fish.

The ABC is a biologically based estimate of the amount of fish that may be harvested each year without affecting the sustainability of the resource. The ABC may be modified with precautionary adjustments to account for uncertainty. An OY is a target harvest level for a species or species groups. The OYs may be set equal to the ABC for the species or species group, but are often set lower as a precautionary measure. The Council's policies on setting ABCs, OYs, and other harvest specifications are discussed later in the preamble to this proposed rule. Proposed harvest specifications for 2009-2010 are provided in Tables 1a through 2c.

Management measures being proposed for 2009-2010 work in combination with the existing regulations to create a management structure that is intended to constrain fishing so the catch of overfished groundfish species does not exceed the rebuilding-based OYs while allowing, to the extent practicable, the OYs for healthier groundfish stocks that co-occur with the overfished stocks to be achieved. In order to rebuild overfished species, allowable harvest levels of healthy species will only be achieved where such harvest will not deter rebuilding of overfished stocks. Routine management measures for the commercial fisheries include: Bycatch limits, trip and cumulative landing limits, time/area closures, size limits, and gear restrictions. Routine management measures for the recreational fisheries include bag limits, size limits, gear restrictions, fish dressing requirements, and time/area closures. Routine management measures are used to modify fishing behavior during the fishing year to allow a harvest specification to be achieved, or to prevent a harvest specification from being exceeded. The groundfish fishery is managed with a variety of other regulatory requirements that are not considered routine, and which are outside of this rulemaking and found at 50 CFR 660, subpart G

rea closures. Routine management measures are used to modify fishing behavior during the fishing year to allow a harvest specification to be achieved, or to prevent a harvest specification from being exceeded. The groundfish fishery is managed with a variety of other regulatory requirements that are not considered routine, and which are outside of this rulemaking and found at 50 CFR 660, subpart G. The regulations at 50 CFR 660, subpart G include, but are not limited to: Long-term harvest allocations; recordkeeping and reporting requirements; monitoring requirements; license limitation programs; and essential fish habitat (EFH) protection measures. Together the routine management measures and regulations at 50 CFR 660, subpart G are used to manage the Pacific Coast groundfish fishery to stay within the harvest specifications identified in the rulemaking.

The Pacific Coast Groundfish Fishery Management Plan (FMP) requires the Council to set harvest specifications and management measures for groundfish at least biennially. This proposed rule would set 2009-2010 harvest specifications and management measures for all of the 90 plus groundfish species or species groups managed under the Pacific Coast Groundfish FMP, except for Pacific whiting. Pacific whiting harvest specifications are proposed as a range in this action. The Council will consider final Pacific whiting specifications after new stock assessments are prepared at the beginning of each year. The final specifications for 2009 and 2010 will be announced following the March 2009 and March 2010 Council meetings, respectively.

nounced following the March 2009 and March 2010 Council meetings, respectively.

There are seven Pacific Coast groundfish species that are currently being managed under rebuilding plans established in Amendment 16-4 to the FMP. Amendment 16-4 was developed and approved to respond to the decision in Natural Resources Defense Council v. NMFS, 421 F.3d 872 (9th Cir. 2005) [hereinafter NRDC v. NMFS ]. The overfished species are: Bocaccio, canary rockfish, cowcod, darkblotched rockfish, Pacific Ocean Perch (POP), widow rockfish, and yelloweye rockfish.

The focus of the preamble discussion is the Council's ABC and OY policies for 2009 and 2010, new harvest specifications, new fishery specific management measures, and other issues related to the management of the Pacific Coast groundfish fishery in 2009 and 2010. Preambles to prior proposed rules have more thoroughly discussed bycatch accounting and reduction measures (See 67 FR 1555, January 11, 2002; 68 FR 936, January 7, 2003; 69 FR 1380, January 8, 2004; 69 FR 56563, September 21, 2004 for historical information on the bycatch model). On June 27, 2006, NMFS published a proposed rule to implement Amendment 18 to the FMP on bycatch mitigation (71 FR 36506.) The preamble to the Amendment 18 proposed rule discussed NMFS and Council bycatch accounting and mitigation policies, programs, and regulations. The preamble for the 2007 and 2008 harvest specifications and management measures fully described a new approach to overfished species management that was taken by NMFS, the Council, and state and tribal partners in light of NRDC v. NMFS (71 FR 57764, September 29, 2006). The same approach has been followed in this rulemaking. Issues that were thoroughly discussed in previous rulemakings will only be briefly discussed in this preamble as they pertain to 2009-2010 fisheries. On December 2005, NMFS published a final EIS on the designation of groundfish EFH and minimization of adverse fishing effects on EFH

s in light of NRDC v. NMFS (71 FR 57764, September 29, 2006). The same approach has been followed in this rulemaking. Issues that were thoroughly discussed in previous rulemakings will only be briefly discussed in this preamble as they pertain to 2009-2010 fisheries. On December 2005, NMFS published a final EIS on the designation of groundfish EFH and minimization of adverse fishing effects on EFH. ( http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/NEPA-Documents/EFH/-Final-EIS.cfm ). The final EFH EIS provides information on the interactions of groundfish species with their physical environment. Amendment 16-4 and the 2007-2008 groundfish specifications and management measures expand upon the EFH EIS's analysis to analyze the interactions of groundfish species with each other and with other marine species within the California Current ecosystem.

Consistent with the FMP, the socio-economic effects of this action on communities were analyzed to provide guidance on the effects of the action on fishing communities. Fishing communities need a sustainable fishery that is safe, well managed, and profitable, that provides jobs and incomes, that contributes to the local social fabric, culture, and image of the community, and helps market the community and its services and products. In its 2007-2008 recommendations for overfished species rebuilding plans and groundfish specifications and management measures, the Council was clear that it did not expect fishing community needs could be met. The Council took the needs of communities into account as it analyzed different rebuilding plans and management measures alternatives

lps market the community and its services and products. In its 2007-2008 recommendations for overfished species rebuilding plans and groundfish specifications and management measures, the Council was clear that it did not expect fishing community needs could be met. The Council took the needs of communities into account as it analyzed different rebuilding plans and management measures alternatives. As a result, the rebuilding plans, groundfish specifications and management measures recommended by the Council and adopted for 2007-2008 were expected to allow fishing businesses and communities to operate at a level that would provide for the continued existence of those fishing businesses and communities and would only allow opportunities for economic growth or profit if they were consistent with the adopted rebuilding policies. In many instances the harvests of healthy stocks were curtailed by the projected effects on overfished species. The Council used this same approach in the development of the 2009 and 2010 specifications and management measures.

Further discussion on how the needs of fishing communities were taken into account can be found in the preamble to the proposed rule for the 2007-2008 specifications and management measures (71 FR 57765, September 29, 2006). The supporting DEIS for this action assesses, through the analysis of several rebuilding alternatives, the needs of groundfish fishing communities, the dependence of fishing communities on overfished species, and the vulnerability of fishing communities to further near-term reductions in groundfish harvest.

Management Measure Approach

In considering the effects of the action on fishing communities, the effects of inseason fishery management changes on fishing communities were considered

atives, the needs of groundfish fishing communities, the dependence of fishing communities on overfished species, and the vulnerability of fishing communities to further near-term reductions in groundfish harvest.

Management Measure Approach

In considering the effects of the action on fishing communities, the effects of inseason fishery management changes on fishing communities were considered. At the start of each biennial management cycle, NMFS and the Council establish fishery management measures that are expected to allow fishers to harvest as much of the healthy species OYs as possible without exceeding allowable harvest levels for co-occurring overfished species. These management measures are set using the best scientific information available at the time. However, as catch data and new scientific information may become available during the fishing year, NMFS and the Council's knowledge may change. Catch data vary in quality and abundance both before and during the season, and catch of the most constraining overfished species may also occur in fisheries not managed under the Pacific Coast groundfish FMP. Managing a coastwide fishery to ensure that OYs of overfished species are not exceeded is particularly difficult because of the low OY levels. If new information received during the season reveals that landings are occurring at a faster pace than were initially anticipated, management action would be needed to keep the harvest of healthy stocks and the incidental catch of overfished species at or below their specified OYs. If these inseason adjustments to management measures are dramatic, such as an early closure of a fishery, then the effects of management actions on the fishing communities can be severe.

To prevent major inseason fluctuations in available harvest, the 2009-2010 harvest levels account for uncertainty in order to minimize the potential need for dramatic inseason measures

below their specified OYs. If these inseason adjustments to management measures are dramatic, such as an early closure of a fishery, then the effects of management actions on the fishing communities can be severe.

To prevent major inseason fluctuations in available harvest, the 2009-2010 harvest levels account for uncertainty in order to minimize the potential need for dramatic inseason measures. In other words, currently available scientific information is used to design management measures that are projected to result in overfished species harvest levels that are somewhat lower than their OYs. This practice provides a buffer to account for both scientific uncertainty and unexpected occurrences. In general, a buffer helps prevent OYs from being exceeded. Even with these safeguards, information that becomes available during the 2009-2010 fishing year may reveal that previously set management measures need to be revised inseason. If that is the case, management measures will be appropriately adjusted inseason to keep harvest from exceeding OYs.

Specification and Management Measure Development Process

The process for setting biennial specifications begins with stock assessments to evaluate the status of the groundfish stocks or stock complexes. After being prepared by a stock assessment scientist, each stock assessment is reviewed by the Council's stock assessment review (STAR) team as well as the Council's Scientific and Statistical Committee (SSC). The SSC reviews the stock assessments and provides guidance to the Council relative to the stock assessment's suitability for use in groundfish fishery management decision making. The SSC also endorses the assessments and identifies if they are the “best available science” on the stock's status. During

At its November 2007 meeting, the Council adopted initial fishery specifications based on the new assessments and rebuilding analyses

nd provides guidance to the Council relative to the stock assessment's suitability for use in groundfish fishery management decision making. The SSC also endorses the assessments and identifies if they are the “best available science” on the stock's status. During

At its November 2007 meeting, the Council adopted initial fishery specifications based on the new assessments and rebuilding analyses. These recommendations included preliminary ABCs and ranges of OYs for most groundfish species, and where possible, preferred OYs. As a result of the new stock assessments, the SSC recommended that the Council consider revisions to three overfished species rebuilding plans: Canary rockfish; darkblotched rockfish; and cowcod. At this same meeting, the Council provided a variety of potential management measures to be considered for the 2009-2010 fisheries. Over winter, the Council's advisory bodies met to discuss and analyze the Council's preliminary fishery specifications and potential management measures based on the initial specifications.

At its April 2008 meeting, the Council identified its preferred final 2009 and 2010 ABCs for all groundfish species and species complexes; identified preliminary preferred OYs for most managed groundfish species and species complexes; adopted revised rebuilding plans for canary rockfish, cowcod, and darkblotched rockfish; and recommended a range of 2009-2010 groundfish management measure alternatives for analysis that were designed to keep catch levels within the final preferred OYs. The newly adopted rebuilding analyses were used to develop ranges of OY alternatives for canary rockfish, cowcod, and darkblotched rockfish, while the previously adopted rebuilding plans were used for the remaining overfished species

; and recommended a range of 2009-2010 groundfish management measure alternatives for analysis that were designed to keep catch levels within the final preferred OYs. The newly adopted rebuilding analyses were used to develop ranges of OY alternatives for canary rockfish, cowcod, and darkblotched rockfish, while the previously adopted rebuilding plans were used for the remaining overfished species. For each individual overfished species a range of OY alternatives was described by the target year to rebuild (T TARGET ), median time to rebuild, a spawning potential ratio (SPR = the ratio of the equilibrium spawning output per recruit under fished conditions to the spawning output per recruit under no fishing), the maximum time to rebuild (T MAX ), and probability of rebuilding by T MAX (P MAX ). An OY alternative that eliminated fishing-related mortality beginning in 2009 (T F=0 ) was considered for each overfished species. By developing individual overfished species OY, the tradeoffs between the amount of allowable harvest, alternative rebuilding periods, and fishing constraints relative to a particular overfished species could be identified.

Prior to 2007, the Council was provided with analyses on preferred OYs for each overfished species in isolation from other species rather than considering how different overfished species OYs might affect or constrain other overfished species. Beginning with Amendment 16-4 and the 2007 and 2008 specifications and management measures and continued for 2009 and 2010, individual overfished species OYs were integrated into rebuilding OYs that more explicitly took the interaction of the overfished species within the marine ecosystem into consideration. The interrelated nature of Pacific Coast groundfish stocks makes this consideration necessary

inning with Amendment 16-4 and the 2007 and 2008 specifications and management measures and continued for 2009 and 2010, individual overfished species OYs were integrated into rebuilding OYs that more explicitly took the interaction of the overfished species within the marine ecosystem into consideration. The interrelated nature of Pacific Coast groundfish stocks makes this consideration necessary. The degree of interaction between overfished species and other stocks is such that “rebuilding as quickly as possible while taking into account the needs of fishing communities” is not possible based solely on a species-by-species approach. To consider the needs of the fishing communities and the status and biology of the stocks, the 2009 and 2010 specifications for overfished species were considered in an integrated manner as was done in 2007 and 2008.

To build integrated rebuilding OY alternatives, the individual overfished species OYs were arranged in strategic combinations that could be analyzed to assess how changes in harvest availability of the various overfished species would constrain fishing opportunities by sector, north and south of 40°10′ N. lat. (N. lat.), and on the continental shelf and slope. The rebuilding OY alternatives were arranged to show how fishing opportunities may be constrained by sector (or gear type) and region along the West Coast, depending on the amount of allowable harvest of each species. By adopting a suite of OYs for overfished species in April 2008, the Council was provided the opportunity to take a realistic look at minimal harvest levels that would rebuild as quickly as possible taking into account the status and biology of the stocks and extractive scientific take of overfished stocks. The rebuilding OY ranges recommended by the Council at its April 2008 meeting provided a starting point for more detailed analysis which was presented to the Council at its June 2008 meeting

tunity to take a realistic look at minimal harvest levels that would rebuild as quickly as possible taking into account the status and biology of the stocks and extractive scientific take of overfished stocks. The rebuilding OY ranges recommended by the Council at its April 2008 meeting provided a starting point for more detailed analysis which was presented to the Council at its June 2008 meeting. Final recommendations on the rebuilding OYs and the management measures needed to keep fishery harvests within the OYs were presented at the Council's June 2008 meeting. The rebuilding alternatives that were considered and Council recommendations are further discussed in the OY Policies and Rebuilding Parameters for Overfished Species section of this preamble.

In summary, when making its final recommendations for rebuilding optimum yields (OYs) for 2009-2010, the Council took into account the status and biology of the stocks by looking for the shortest possible rebuilding periods within a suite of management measures that provided the greatest reduction in catch of the most sensitive and lowest productivity species. The Council took the needs of fishing communities into account by providing fishing opportunities where such opportunities would have a minimal effect on rebuilding periods for stocks with higher productivity, and by recommending restrictive management measures focused on stocks with the lowest productivity levels.

ABC Policy

The Council develops annual estimates of the ABC for major groundfish stocks. When setting the 2009 and 2010 ABCs, three categories of species were identified. The first were those species for which quantitative stock assessments can be conducted because there is adequate data. Stock assessments (a biological evaluation of the condition of a stock or stock complex) are used to estimate the population status of each assessed stock relative to its unfished biomass level

ocks. When setting the 2009 and 2010 ABCs, three categories of species were identified. The first were those species for which quantitative stock assessments can be conducted because there is adequate data. Stock assessments (a biological evaluation of the condition of a stock or stock complex) are used to estimate the population status of each assessed stock relative to its unfished biomass level. Stock assessments were used to estimate the current level of the abundance, changes in abundance over time, depletion levels relative to an unfished state, fishing mortality, mortality from other causes, and how changes in harvest levels are likely to affect the stock's abundance. The second category included species for which some biological indicators are available, but are not sufficient to support a quantitative analysis. The third category included minor species which are caught, but where the only available information is on the landed biomass.

For 2009 and 2010, the Council maintained a policy of using a default harvest rate as a proxy for the fishing mortality rate that is expected to achieve the maximum sustainable yield (F MSY ). A proxy is used because there is insufficient information for most Pacific Coast groundfish stocks. In 2009 and 2010, the following default harvest rate 40% for flatfish and Pacific Whiting, F 50% for rockfish (including thornyheads), and F 45% for other groundfish such as sablefish and lingcod. The ABCs for groundfish species or species groups are derived by solving for the fishery removals resulting in an SPR equal to the harvest rate proxy.

A rate of F 40% can be explained as that which reduces the SPR to 40 percent and is therefore a more aggressive rate than F 45% or F 50% . The FMP allows default harvest rate proxies to be modified as scientific knowledge improves for a particular species. A fishing mortality or harvest rate will mean different things for different stocks, depending on the productivity of a particular species. For highly productive species (those with individuals that grow and mature quickly and produce many young that survive to an age where they are caught in the fishery) a higher fishing mortality rate may be used, such as F 40% . Fishing mortality rate policies must account for several complicating factors, including the capacity of mature individuals to produce young over time and the optimal stock size necessary for the highest level of productivity within that stock.

For some groundfish species, there is little or no detailed biological data available on which to base ABCs, and therefore only rudimentary stock assessments have been prepared; for other species, no stock assessments have been prepared and the ABC levels were based on historical landings. Since 2000, the Council has applied a more precautionary policy when setting ABCs for species with only rudimentary or no stock assessments. The ABC policy prior to 2000 had been to assume that fishing mortality was equal to natural mortality (F=M); the current policy is to assume that fishing mortality is 75 percent of natural mortality (F=0.75M).

2009-2010 Groundfish ABCs

5M).

2009-2010 Groundfish ABCs

A biennial management cycle for setting harvest specifications and management measures was implemented in 2004 and biennial specification were first established for the 2005 and 2006 management cycle. During the first year in a biennial cycle, new stock assessments are prepared and the results of the new assessments are reviewed by the Council and adopted for use. In some cases, a stock assessment needs to be refined and the final assessment may not be reviewed by the Council and adopted for use until later in the first year or early in the second year of the biennial cycle.

To estimate stock abundance and population trends, each stock assessment relies on various types and sources of information with the principal information coming from the commercial and recreational fisheries themselves. For example, basic fishery dependent data for stock assessments includes the amount of fish caught, the individual sizes of the fish and their biological characteristics ( e.g. , age, maturity, sex), and the ratio of fish caught to the time spent fishing (catch-per-unit-of-effort). In addition to fishery dependent data, fishery independent data for stock assessments are collected during scientific research surveys. In addition, Pacific Coast groundfish stock assessments identify areas of uncertainty and modeling difficulties. When data are lacking for a particular species, it can result in uncertainty and modeling problems for the stock assessment scientists.

In preparation for setting new ABC values for 2009 and 2010, 15 stock assessments were prepared. Full stock assessments, those that consider the appropriateness of the assessment model and that revise the model as necessary, were prepared for the following stocks: Sablefish; longnose skate; cowcod south of 36°00′ N. lat. (Conception area); blue rockfish south of 42°00′ N. lat.; black rockfish north of Cape Falcon (46°16′ N. lat.); black rockfish south of 46°16′ N

ck assessments were prepared. Full stock assessments, those that consider the appropriateness of the assessment model and that revise the model as necessary, were prepared for the following stocks: Sablefish; longnose skate; cowcod south of 36°00′ N. lat. (Conception area); blue rockfish south of 42°00′ N. lat.; black rockfish north of Cape Falcon (46°16′ N. lat.); black rockfish south of 46°16′ N. lat.; canary rockfish; chilipepper rockfish off California and Oregon; darkblotched rockfish north of 36°00′ N. lat.; and arrowtooth flounder. Stock assessment updates, those that run new data through an existing model without changing the model, were prepared for: English sole; widow rockfish; bocaccio south of 40°30′ N. lat. (Cape Mendocino); POP north of 40°30′ N. lat.; and yelloweye. In addition to the 15 stock assessments, an academic exercise was conducted that investigated fluctuations in the shortbelly rockfish biomass through the use of a population model based on standard methodology and a variety of both traditional and untraditional data.

Each new stock assessment includes a base model which is accepted by the reviewers. Because it is essential that uncertainty in the analysis be captured and transmitted to decision makers, alternative models are developed from the base model by bracketing the dominant dimension of uncertainty ( e.g. , stock-recruitment steepness or R 0 , natural mortality rate, survey catchability, recent year-class strength, weights on conflicting CPUE series, etc.) Alternative models show the contrast in management implications. Once a base model has been bracketed on either side by alternative model scenarios, which capture the overall degree of uncertainty in the assessment, a 2-way decision table analysis (states-of-nature versus management action) is used to present the repercussions of uncertainty

lass strength, weights on conflicting CPUE series, etc.) Alternative models show the contrast in management implications. Once a base model has been bracketed on either side by alternative model scenarios, which capture the overall degree of uncertainty in the assessment, a 2-way decision table analysis (states-of-nature versus management action) is used to present the repercussions of uncertainty. The SSC makes recommendations to the Council on the appropriateness of using the different stock assessments for management purposes, after which the Council considers adoption of the stock assessments, use of the stock assessment for the development of rebuilding analysis, and the ABCs resulting from the base model runs of the stock assessments.

Species that had ABCs in 2007 and 2008 continue to have ABCs in 2009 and 2010. Blue rockfish and longnose skate had been part of species complexes because they were less rigorously assessed. These two stocks have now had more quantitative stock assessments prepared. As a result of the new assessment, longnose skate is being removed from the other species complex and assigned species specific ABC values for the 2009 and 2010 management cycle. However, blue rockfish will remain within the minor rockfish species group and its ABC contribution will revise the ABC values specified for the complex.

For species that did not have new stock assessments prepared, the Council considered a single ABC derived from the base model of the most recent stock assessment or continued to use the results of rudimentary stock assessments, or the historical landings data. Species or species complexes without new stock assessments include: Lingcod; Pacific cod; cabezon; Dover sole; petrale sole; starry flounder; splitnose rockfish; yellowtail; shortspine thornyhead; longspine thornyhead; California scorpionfish; minor rockfish north of 40°10′ N. lat. minor rockfish south of 40°10′ N. lat.; “other flatfish; and “other fish”

sessments, or the historical landings data. Species or species complexes without new stock assessments include: Lingcod; Pacific cod; cabezon; Dover sole; petrale sole; starry flounder; splitnose rockfish; yellowtail; shortspine thornyhead; longspine thornyhead; California scorpionfish; minor rockfish north of 40°10′ N. lat. minor rockfish south of 40°10′ N. lat.; “other flatfish; and “other fish”. Specific information on species without any new stock assessment information are provided in the footnotes to Table 1a and Table 2a in the proposed regulations. The stock assessment cycle and the process for adoption of a final ABC for Pacific whiting are detailed below.

Species that are not overfished and had new stock assessments or stock assessment updates prepared and adopted for use in setting harvest specifications by the Council include: Sablefish; arrowtooth flounder; English sole; chilipepper rockfish; black rockfish north of 46°16′ N. lat. (Cape Falcon); black Rockfish south of 46°16′ N. lat.; longnose skate; and blue

New assessments were prepared for each of the seven overfished species. The following stock assessment summaries pertain to species that have been declared overfished with either new stock assessments or stock assessment updates. In addition, the academic analysis of shortbelly rockfish is summarized in this section.

Bocaccio (Sebastes Paucispinis)

A stock assessment update and a rebuilding analysis were prepared in 2007 for the bocaccio stock in the southern and central California area (the stock south of Cape Mendocino, CA). The last full assessment for bocaccio rockfish was conducted in 2003 and used the original Stock Synthesis I model. A stock assessment update followed in 2005. Like the 2005 stock assessment update, the new stock assessment update followed the methodology and assumptions of the 2003 bocaccio assessment as closely as possible

hern and central California area (the stock south of Cape Mendocino, CA). The last full assessment for bocaccio rockfish was conducted in 2003 and used the original Stock Synthesis I model. A stock assessment update followed in 2005. Like the 2005 stock assessment update, the new stock assessment update followed the methodology and assumptions of the 2003 bocaccio assessment as closely as possible. Updated information on fishery landings, length compositions, and the California Cooperative Oceanic Fisheries Investigations (CalCoFI) juvenile survey were used to update the assessment. Although the three model approaches from the 2003 assessment were included in the update (the three models are further described in the 2004-2005 proposed rule (69 FR 56550, September 21, 2004)), the STATc model was again considered as the base model and was the focus of the update, with limited consideration given to the STARb1 and STARb2 models.

The results of the stock assessment update indicated that the bocaccio stock biomass has continued to increase. The 1999 year class is still a driving factor, and a larger than average 2003 year class appears to be evident based on updated length composition data from the southern California recreational fishery. The bocaccio stock was estimated to be at 12.7 percent of its unfished biomass in 2007.

The SSC recognized that unresolved problems and major uncertainties identified in the 2003 assessment still remain, but endorsed the updated bocaccio stock assessment as being the best available science for the Council's management recommendations. The bocaccio ABC of 793 metric tons (mt) for 2009 and 2010 was based on the STATc base model with an F 50% F MSY proxy.

Canary Rockfish (Sebastes Pinniger)

metric tons (mt) for 2009 and 2010 was based on the STATc base model with an F 50% F MSY proxy.

Canary Rockfish (Sebastes Pinniger)

A new coastwide stock assessment was completed in 2007 for canary rockfish. The stock assessment, which used the stock synthesis II model (currently the standard model for west coast groundfish), included a number of major changes to the data and modeling approach. New data used in the model included fishery dependent age structure data from the port and on-board observer sampling programs; and, fishery independent data derived from the NMFS triennial bottom trawl survey, the Northwest Fisheries Science Center's trawl survey relative biomass indices and biological sampling, and the Southwest Fisheries Science Center/Northwest Fisheries Science Center/Pacific Whiting Conservation Cooperative coastwide prerecruit survey. Although the new data were not highly influential, they did address previously identified issues.

In this assessment and in previous assessments, fishery selectivity (the probability that a fish of a certain length or age will be captured by a given gear) was modeled in multi-year time blocks with changes in selectivity allowed between blocks. In the new assessment, the time blocks for fishery selectivity were simplified. In contrast to the previous assessment, where blocks were defined arbitrarily to improve model fit, the current assessment defined selectivity blocks according to major management actions and known changes in fishing practices ( e.g. , the change to “high-rise” rockfish trawls in the late 1970s). The new approach was considered to be a more objective and rigorous approach to defining selectivity blocks. The results of the new assessment estimate the canary rockfish spawning biomass to be at 32.4 percent of its unfished biomass in 2007. This is in contrast to the previous assessment which estimated the spawning biomass to be at 9.4 percent in 2005

h-rise” rockfish trawls in the late 1970s). The new approach was considered to be a more objective and rigorous approach to defining selectivity blocks. The results of the new assessment estimate the canary rockfish spawning biomass to be at 32.4 percent of its unfished biomass in 2007. This is in contrast to the previous assessment which estimated the spawning biomass to be at 9.4 percent in 2005. Fishing mortality rates have been less than 1 percent since 2001, indicating that overfishing has not occurred since then. The rate of increase in the biomass is highly dependent on the level of productivity (the value used to define the stock-recruitment steepness has a major influence on stock productivity estimates). After a period of above average recruitment in the late 1980s and early 1990s, recent stock recruitment has generally been low. The only estimates of higher recruitments were in 1999 and 2001. There is little information other than the pre-recruitment index to inform the assessment model about recruitment after 2002. As the larger recruitments from the late 1980s and early 1990s move through the population, the rate at which the biomass increases and the stock recovers may slow. In previous assessments, the stock-recruitment steepness was precisely estimated at a low value. Given the changes in the model structure, the stock-recruitment steepness could not be reliably estimated within the model. Therefore a less precise approach of using a higher valued “prior” distribution that was developed from a meta-analysis of U.S. west coast rockfishes was used in the base model.

The SSC endorsed the base model and decision table, which included “high” and “low” states of nature, as the best available science for Council decision-making. The SSC indicated that the “low” and “high” states of nature should be considered to be equally likely and half as likely as the base-model. The canary rockfish ABC of 937 mt for 2009 and 940 mt for 2010 are derived from the base model with an F 50% F MSY proxy

ase model and decision table, which included “high” and “low” states of nature, as the best available science for Council decision-making. The SSC indicated that the “low” and “high” states of nature should be considered to be equally likely and half as likely as the base-model. The canary rockfish ABC of 937 mt for 2009 and 940 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

Cowcod (Sebastes levis)

Cowcod in the Conception area was assessed in 2007. The 2007 assessment was originally scheduled to be an update. However, a number of technical issues were raised and it was determined that a full assessment was most appropriate. An age-structured production model was used for the new assessment. The new stock assessment included substantial changes to both data and model structure.

Gear selectivity, which had been mis-specified in the 2005 assessment, was corrected and revised. The growth curve for cowcod was re-estimated based on corrected data. The commercial and recreational sectors were modeled as separate fisheries. The commercial landings from 1900 to 1968 were revised. The California Commercial Cooperative Groundfish Program (1969-1985) revised landings estimates were incorporated into the assessment. In addition, significant changes were made to the spatial stratification and the model used to develop the Commercial Passenger Fishing Vessel Logbook indices. The value used for the stock-recruitment steepness was changed.

The estimated depletion of cowcod was strongly affected by the correction of technical errors. As a result of the model changes, the cowcod spawning biomass in 2005 was believed to be between 3.8 and 24.4 percent of its unfished spawning biomass with the base model estimating the stock to be at 4.0 percent of its unfished biomass, rather than between 14 and 21 percent of its unfished spawning biomass as was

The SSC endorsed the base model and the decision table based on the “low” and “high” states of nature for Council decision making

awning biomass in 2005 was believed to be between 3.8 and 24.4 percent of its unfished spawning biomass with the base model estimating the stock to be at 4.0 percent of its unfished biomass, rather than between 14 and 21 percent of its unfished spawning biomass as was

The SSC endorsed the base model and the decision table based on the “low” and “high” states of nature for Council decision making. The cowcod ABC of 13 mt for 2009 and 14 mt for 2010 ABC were based on the results of the stock assessment which was based on the STATc base model with an F 50% F MSY proxy1.

Darkblotched Rockfish (Sebastes Crameri)

In 2007, a new stock assessment was prepared for darkblotched rockfish in the combined U.S. Vancouver, Columbia, Eureka and Monterey areas. The stock synthesis model II was used for the stock assessment. The SSC indicated that changes to the darkblotched rockfish stock assessment model represented a substantial advancement. Changes to the stock assessment included: New and updated catch data; new and updated discard rate estimates; new data from the Northwest Fishery Science Center slope and shelf trawl surveys; conditional age-at-length data developed using consistent aging criteria; and data from a new generalized linear mixed model (GLMM) that allows the data for the various survey vessels to be combined into a single continuous time-series of biomass indices. In addition, a full range of length compositions were used for discarded catch, rather than the average size, of discards. The new assessment eliminated Alaska Fishery Science Center slope trawl survey data from the “super years” (consisting of combined data from multiple years of partial coastal coverage), the 1977 triennial shelf survey data, and the POP survey data from 1975-1985. These data were removed because the data were unlikely to produce realistic selectivities and were relatively insignificant given all the other data available

minated Alaska Fishery Science Center slope trawl survey data from the “super years” (consisting of combined data from multiple years of partial coastal coverage), the 1977 triennial shelf survey data, and the POP survey data from 1975-1985. These data were removed because the data were unlikely to produce realistic selectivities and were relatively insignificant given all the other data available.

The new stock assessment estimated the darkbloched rockfish stock to be at 22 percent of its unfished spawning biomass level in 2007. In comparison, the last assessment estimated the darkbloched rockfish stock to be 16 percent of its unfished spawning biomass in 2005. In recent years the stock has been rebuilding, with spawning output having increased by 68 percent over the last five years primarily due to strong 1999 and 2000 year-classes (fish in a stock born in the same year). The darkblotched rockfish spawning biomass appears to have increased steadily over the past 5 or 6 years. Since 2001, overfishing occurred only once, with estimated catch exceeding the ABC by 14 mt (5.8 percent) in 2004.

The estimates of natural mortality (deaths in a fish stock caused by predation, pollution, senility, etc., but not fishing) were a major source of uncertainty in the stock assessment. The value used for natural mortality was not changed from the previous assessment. However, the decision tables presented in the analysis bracketed alternative states of nature for natural mortality. The largest change in modeling assumptions between the 2005 and 2007 stock assessments was the value of spawner-recruitment steepness (a parameter that has a major influence on stock productivity). During the review process, a disagreement occurred regarding the use of a fixed parameter at the median value of a “prior” distribution developed from a meta-analysis of U.S. west coast rockfishes and an estimate of steepness from within the assessment model using the prior distribution

s was the value of spawner-recruitment steepness (a parameter that has a major influence on stock productivity). During the review process, a disagreement occurred regarding the use of a fixed parameter at the median value of a “prior” distribution developed from a meta-analysis of U.S. west coast rockfishes and an estimate of steepness from within the assessment model using the prior distribution. The SSC recommended using a spawner-recruitment steepness value estimated within the stock assessment model because it incorporates what appears to be meaningful information from the current stock assessment into the productivity estimate.

The SSC endorsed the darkblotched rockfish stock assessment as the best available science for setting 2009 and 2010 harvest specifications. The darkblotched rockfish ABC of 437 mt for 2009 and 440 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

POP (Sebastes alutus)

In 2007, a stock assessment update was prepared for POP (Pacific ocean perch) in the U.S. Vancouver and Columbia areas which used the same model as in the 2003 and 2005 assessments, a forward projection age-structured model. New information used in the stock assessment update included: Updated and new catch data for 2003-2006; updated and new fishery age composition data from 1999-2006; recalculated Northwest Fishery Science Center slope survey biomass indices and age compositions for 1999-2004; and new 2006 Northwest Fishery Science Center slope survey biomass indices and age compositions.

The results of the stock assessment update estimated that the POP spawning biomass was at 27.5 percent of its unfished spawning biomass at the start of 2007. The POP biomass shows an increasing trend with indications of a strong 1999 year class in both the survey and fishery age composition data over several years. Assessment results are highly consistent with the previous assessment, except that a stronger 1999 year class is estimated

ate estimated that the POP spawning biomass was at 27.5 percent of its unfished spawning biomass at the start of 2007. The POP biomass shows an increasing trend with indications of a strong 1999 year class in both the survey and fishery age composition data over several years. Assessment results are highly consistent with the previous assessment, except that a stronger 1999 year class is estimated. The current assessment indicates that the 1999 year class is the strongest since the 1960s.

A number of sources of uncertainty are explicitly included in the stock assessment. For example, allowance is made for uncertainty in natural mortality, the parameters of the stock-recruitment relationship, and the survey catchability coefficients. Sensitivity analyses based upon alternative model structures and data set choices conducted during the 2003 and 2005 stock assessment process suggest that the overall uncertainty may be greater than that predicted by a single model specification. Other sources of uncertainty that are not included in the current model include: The degree of connection between the U.S. west coast and Canadian stock; the effect of climatic variables on recruitment, growth, and survival of POP; gender differences in growth and survival; a possible nonlinear relationship between individual spawner biomass and effective spawning output; and a more complicated relationship between age and maturity.

The SSC determined that the Pacific Ocean perch assessment update complied with the terms of reference for updates and endorsed its use for Council decision-making. The POP ABC of 1,160 mt for 2009 and 1,173 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

Widow Rockfish (Sebastes Entomelas)

se for Council decision-making. The POP ABC of 1,160 mt for 2009 and 1,173 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

Widow Rockfish (Sebastes Entomelas)

In 2007, a stock assessment update was conducted for widow rockfish in U.S. Vancouver, Columbia, Eureka, Monterey, and Conception areas. The widow rockfish stock in these areas is assumed to be a single mixed stock. The age-based population model used in 2005 was updated with new catch data, age compositions data, and catch-per-unit-of-effort time series data from 2005 and 2006.

Since 2001, the widow rockfish biomass has shown an increasing trend with the results of the new stock

As with the previous stock assessment, a major source of uncertainty within the current stock assessment is the lack of a reliable abundance index (information obtained from samples or observations and used as a measure of the weight or number of fish which make up a stock) for widow rockfish. The primary source of information on trends in abundance of widow rockfish was fishery dependent information derived from the Oregon bottom trawl logbook data. Because the catch rates have been very low due to catch restrictions, no Oregon bottom trawl logbook data after 1999 can be used in the assessment. Based on the recommendation of the 2003 STAR panel, fishery independent data derived from the National Marine Fisheries Service triennial bottom trawl survey were used to develop an additional abundance index. Additional areas of uncertainty include: The estimated value used for natural mortality; estimates of stock recruitment relationships; the use of Santa Cruz juvenile survey data; and the relationship of the Canadian stock to the U.S. stock.

The SSC endorsed the use of the assessment results by the Council in support of management decisions. The widow rockfish ABC of 7,728 mt for 2009 and 6,937 mt for 2010 are derived from the base model with an F 50% F MSY proxy

r natural mortality; estimates of stock recruitment relationships; the use of Santa Cruz juvenile survey data; and the relationship of the Canadian stock to the U.S. stock.

Yelloweye Rockfish (Sebastes Ruberrimus)

A stock assessment update was prepared for yelloweye rockfish in 2007 using the stock Synthesis II model. New catch data were added for 2006, based on the Groundfish Management Team's bycatch scorecard. The catch histories for all fleets were updated for the period 1983-2005.

In the process of updating data for use in the stock assessment update, several errors were identified in the data and input files used for the previous assessment. The errors included: A technical error in the definition of age and length classes, and the inclusion of Washington trawl-caught age compositions included in the age-composition inputs for the Washington hook-and-line fishery. These problems were corrected in developing the 2007 base model. In addition, the natural mortality rate was revised upwards. The changes to the stock assessment model led to downward revisions in the amount of spawning biomass and the level of depletion, relative to the 2006 assessment.

The long-term biomass trajectory from the new stock assessment is very similar to that in the 2006 assessment. Spawning biomass declined steadily and rather rapidly, beginning in the early-1970s, with no indication of increase until roughly 2001. The amount of spawning biomass in all years is lower in the current base model than in the previous assessment, due to the correction of data/input errors discussed above. As a result of the new assessment, yelloweye rockfish was estimated to be at 14.5 percent of its unfished spawning biomass in 2007

rather rapidly, beginning in the early-1970s, with no indication of increase until roughly 2001. The amount of spawning biomass in all years is lower in the current base model than in the previous assessment, due to the correction of data/input errors discussed above. As a result of the new assessment, yelloweye rockfish was estimated to be at 14.5 percent of its unfished spawning biomass in 2007.

As in the previous assessments, the sparseness of the size and age composition data and the lack of a relevant fishery-independent survey has limited the ability to assess the status of the yelloweye rockfish resource. Further, due to catch restrictions since 2002, catch-per-unit-effort data no longer reflect the real changes in population abundance, and discard estimates are highly uncertain. The current version of Stock Synthesis II model does not allow for the considerable uncertainty in estimated landings. This makes it difficult to evaluate the true uncertainty of model results. Internal estimates of standard error on depletion estimates were on the order of 2-2.5 percent and are likely to underestimate uncertainty.

Overall, the update is consistent with the previous assessment and the SSC endorsed the update model with the revised natural mortality rate for use in status determination and management of the stock. The yelloweye rockfish ABC of 31 mt for 2009 and 32 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

Shortbelly Rockfish (Sebastes jordani)

rockfish ABC of 31 mt for 2009 and 32 mt for 2010 are derived from the base model with an F 50% F MSY proxy.

Shortbelly Rockfish (Sebastes jordani)

To understand the potential environmental determinants of fluctuations in the recruitment and abundance of an unexploited rockfish population in the California Current ecosystem, an academic assessment was conducted for shortbelly rockfish in 2007. The analysis, which was conducted by NMFS outside the Council process, was peer reviewed using a structure similar to the Council's stock assessment review process (external reviewers, including a Center for Independent Experts reviewer) and using the Council's terms of reference for groundfish stock assessments. Although the assessment does not fully satisfy the Council's terms of reference for groundfish stock assessments, the SSC indicated that it represented improved knowledge about shortbelly rockfish and might be suitable for management purposes in place of the previously used inferences from the hydroacoustic surveys conducted during 1977 and 1980. The SSC also noted that the assessment of shortbelly rockfish does improve knowledge about one of the non-commercial species included in the Pacific Coast Groundfish FMP and hence provides information relevant to further understanding the ecosystem impacts on the fish populations managed by the Council, as well as the implications of the choice between static and dynamic unfished biomass. The shortbelly rockfish ABC of 6,950 mt for 2009 and 2010 is 50 percent of the status quo ABC. Given the results of the academic assessment, an ABC of 6,950 mt is an amount at which the stock is projected to remain in a state of equilibrium.

OY-Setting Policies

sults of the academic assessment, an ABC of 6,950 mt is an amount at which the stock is projected to remain in a state of equilibrium.

OY-Setting Policies

The Council recommends annual harvest levels, which are OYs, for the species or species groups that it manages. The Magnuson-Stevens Act requires the FMP to prevent overfishing while achieving, on a continuing basis, the OY from each fishery. Overfishing is defined in the National Standard Guidelines (50 CFR part 600, subpart D) as exceeding the fishing mortality rate (F) needed to produce MSY on a continuing basis.

A biennial management cycle, adopted under Amendment 17 to the FMP, is being used to establish the 2009 and 2010 harvest specifications and management measures. At the beginning of the biennial management cycle, two one-year ABCs and OYs will be adopted for each species or species complex the Council proposes to manage. The annual OYs will be applied in the same manner as has been done in previous years. If an OY is not achieved or is exceeded in the first year, the underage or overage will not be transferred to the following year, as such a transfer could result in too much fishing or other management problems in the second year. Overages or underages are accounted for in subsequent stock assessments, which are populated with

The 2009 and 2010 OYs for species other than those managed with overfished species rebuilding plans are set at levels that are expected to prevent overfishing, equal to or less than their ABCs. For overfished species, the OYs are set at levels that allow the overfished species to rebuild as quickly as possible, taking into account the status and biology of the stock, the needs of fishing communities, and the interaction of the stock within the marine ecosystem

overfished species rebuilding plans are set at levels that are expected to prevent overfishing, equal to or less than their ABCs. For overfished species, the OYs are set at levels that allow the overfished species to rebuild as quickly as possible, taking into account the status and biology of the stock, the needs of fishing communities, and the interaction of the stock within the marine ecosystem. The specific OYs being adopted for overfished species are described below in “OY Policies and Rebuilding Parameters for Overfished Species.”

The “40-10” harvest policy is used to set OYs for species that are not managed under overfished species rebuilding plans. The 40-10 harvest policy is designed to prevent stocks from becoming overfished. If a stock's spawning biomass is larger than the biomass needed to produce MSY (B MSY ), the OY may be set equal to or less than ABC. The Council uses 40 percent as a default proxy for B MSY , also referred to as B 40% . A stock with a current spawning biomass between 25 percent of the unfished level and B MSY (also referred to as the precautionary threshold) is said to be in the “precautionary zone.” The 40-10 harvest policy reduces the fishing mortality rate when a stock's biomass is at or below the precautionary threshold. The further the stock biomass is below the precautionary threshold, the greater the reduction in OY relative to the ABC. The slope of the line reduces the OY below B 40% to zero at B 10% . This is, in effect, a default rebuilding policy that is intended to foster a quicker return to the B MSY level than would occur with fishing at the ABC level. The OYs for stocks that have been declared overfished (where the stock biomass was below B 25% , and where the stock has not yet rebuild to B 40% or greater) are set in accordance with species-specific rebuilding plans that are designed to meet the rebuilding requirements of the Magnuson-Stevens Act. For further information on the 40-10 harvest policy see Section 5.3 of the Pacific Coast Groundfish FMP

Ys for stocks that have been declared overfished (where the stock biomass was below B 25% , and where the stock has not yet rebuild to B 40% or greater) are set in accordance with species-specific rebuilding plans that are designed to meet the rebuilding requirements of the Magnuson-Stevens Act. For further information on the 40-10 harvest policy see Section 5.3 of the Pacific Coast Groundfish FMP.

After considering appropriate analysis, the Council may recommend setting the OY higher than what the default OY harvest policy specifies as long as the OY does not exceed the ABC (which is set at F MSY ); complies with the requirements of the Magnuson-Stevens Act; and is consistent with the National Standard Guidelines. On a case-by-case basis, additional precautionary adjustments may be made to an OY if it is necessary to address uncertainty in the data or to reduce the risk of a stock or a co-occurring species from being overfished.

If a stock falls below 25 percent of its unfished spawning biomass (B 25% ) and is declared overfished, the revised Magnuson-Stevens Act requires the Council to develop and implement a rebuilding plan within two years from the declaration date. In addition, the Council has the discretion to make additional OY adjustments for stocks with only rudimentary stock assessments. For such stocks, the Council's policy is to set the OY at 75 percent of the ABC. For stocks that have not been quantitatively assessed and where the ABC is based on historical data, the OY policy is to set the OY at 50 percent of the ABC. For further information on precautionary adjustments for stocks that have not been quantitatively assessed, see the preamble discussion of the Annual Specification and Management Measures published on January 11, 2001 (66 FR 2338).

2009 and 2010 OYs for Healthy and Precautionary Zone Species

Species that had OYs in 2007 and 2008 continue to have OYs in 2009 and 2010

Y at 50 percent of the ABC. For further information on precautionary adjustments for stocks that have not been quantitatively assessed, see the preamble discussion of the Annual Specification and Management Measures published on January 11, 2001 (66 FR 2338).

2009 and 2010 OYs for Healthy and Precautionary Zone Species

Species that had OYs in 2007 and 2008 continue to have OYs in 2009 and 2010. As stated above, the FMP provides guidance on setting harvest specifications based on a stock's estimated biomass level. For each species or species group where there was no new stock assessment or for those species where the FMP provided clear guidance on the harvest strategy, the Council considered a single combination of ABC/OY harvest levels for 2009 and 2010. These species included: Pacific cod; splitnose rockfish south; yellowtail rockfish north; shortspine thornyhead; longspine thornyhead; black rockfish north; Dover sole; petrale sole; starry flounder; English sole; and other flatfish. The Council recommended final adoption of the ABC/OYs values for these species at its April 2008 meeting. Further information on the OYs for these species can be found in the footnotes to Table 1a. and Table 2a. The Council considered alternative OYs for the following non-overfished species: Lingcod south of 42° N. lat.; sablefish; shortbelly rockfish; chilipepper rockfish; black rockfish south of 42° N. lat.; minor rockfish north and south of 40°10′ N. lat.; California scorpionfish; cabezon; arrowtooth flounder; longnose skate (a species within the other fish complex); and Pacific whiting.

Lingcod

ecies within the other fish complex); and Pacific whiting.

Lingcod

The latest lingcod stock assessment was prepared in 2005 and estimated the coastwide stock to be above 40 percent of unfished spawning biomass. Lingcod is therefore considered to be a healthy stock. When a stock is above 40 percent of its unfished spawning biomass, the FMP harvest policy allows the OY to be set equal to the ABC. Under Alternative 1, coastwide OYs of 5,205 mt in 2009 and 4,785 in 2010 were derived by combining the 612 mt southern area (south of 43° N. lat.) status quo OY with the northern area (north of 43° N. lat.) OYs of 4,593 mt in 2009 and 4,173 mt in 2010. The northern area OYs were derived from the 2005 assessment for the northern substock with the OYs set equal to the ABCs. The southern area status quo OY of 612 mt was the 2006 OY which had been used in 2007 and 2008 as a precautionary measure to allow the southern portion of the stock to continue to increase in biomass. The Council recommended OY is OY Alternative 2 (5,278 mt in 2009 and 4,829 mt in 2010) which is based on the 2005 assessment with the coastwide OY that was set equal to the ABC. The Council recommended the coastwide OY under Alternative 2 as lingcod is considered to be a healthy stock coastwide.

Sablefish

Under the Pacific coast groundfish FMP, sablefish is considered to be a precautionary zone stock because the most recent stock assessment estimated the stock to be at 38.3 percent of its unfished biomass coastwide. At its April 2008 meeting, the Council considered three alternative approaches for setting coastwide, northern and southern subarea (north and south of 36° N. lat.) OYs for sablefish. Sablefish allocations are defined by the FMP and apply to the subareas north and south of 36° N. lat. Therefore, the coastwide OY is proportioned to the subareas and used to define the subarea OYs.

At its April 2008 meeting the Council considered three OY alternatives for sablefish

approaches for setting coastwide, northern and southern subarea (north and south of 36° N. lat.) OYs for sablefish. Sablefish allocations are defined by the FMP and apply to the subareas north and south of 36° N. lat. Therefore, the coastwide OY is proportioned to the subareas and used to define the subarea OYs.

At its April 2008 meeting the Council considered three OY alternatives for sablefish. Alternative 1 was based on the ABC from the 2007 sablefish stock assessment base model with the application of the 40-10 harvest policy which resulted in a coastwide OY of 9,795 mt in 2009 (9,452 mt north of 36° N. lat., and 343 mt south of 36° N. lat.) and 8,988 mt in 2010 (8,673 mt north of 36° N. lat. and 315 mt south of 36° N. lat.) Apportionment of the OY to the northern and southern subareas was done by applying the average proportion of 2000-2001 landings of sablefish north of 36° N. lat. (96.5 percent) and south

The Council recommended that the coastwide and northern and southern subarea OY under Alternative 2 be adopted. The precautionary reduction in the southern OY results in a large OY for the Conception Area relative to recent catches. The Cowcod Conservation Area (CCA) closes a significant amount of the Conception Area to fishing and the area-swept biomass estimates for the Conception area are based on the assumption that catch rates outside of the CCAs are comparable to those inside (the survey does not sample within the CCAs). A precautionary reduction of 50 percent was used in the southern area to account for the uncertainty inherent in using a short time-series of relative abundance for setting the OY. The apportionment of biomass using the trawl survey data (Alternatives 2 and 3) incorporates the best available information on the sablefish stock distribution.

Shortbelly Rockfish

e OY. The apportionment of biomass using the trawl survey data (Alternatives 2 and 3) incorporates the best available information on the sablefish stock distribution.

Shortbelly Rockfish

In 2007 an academic assessment conducted for shortbelly rockfish indicated the shortbelly stock was healthy and estimated the spawning stock biomass to be at 67 percent of its unfished spawning biomass in 2006. Based on the advice of the SSC, the Council used the academic assessment to develop two alternative approaches for establishing OYs for shortbelly rockfish. Under the first approach (Alternative 1) the status quo OY was reduced to 25 percent resulting in an OY of 3,475 mt in 2009 and 2010. The shortbelly rockfish stock would be expected to increase in abundance under the Alternative 1 harvest rate. Under the second approach (Alternative 2), the status quo OY was reduced to 50 percent resulting in an OY of 6,950 mt in 2009 and 2010. The stock would be expected to remain in its current equilibrium under the Alternative 2 harvest rate. The Council recommended adoption of Alternative 2.

Chilipepper Rockfish

The latest chilipepper stock assessment was prepared in 2007 and indicated that the stock was healthy. At its April 2008 meeting the Council considered 3 alternative approaches to setting OYs for chilipepper rockfish. Under the first approach (Alternative 1) the OY of 2,000 mt in 2009 and 2010, is less than the ABC and is a precautionary OY intended to reduce the potential catch of bocaccio which co-occur with chilipepper rockfish. The second alternative, Alternative 2 had OYs (2,099 mt in 2009 and 2010) based on the estimated MSY at an F 50% SPR harvest rate as estimated in the 2007 assessment. The third approach, Alternative 3, had OYs (3,037 mt in 2009 and 2,576 mt in 2010) that were set equal to the ABC for each year as projected by the base model in the 2007 assessment. The Council recommended Alternative 2 which reduces the risk of overfishing chilipepper

had OYs (2,099 mt in 2009 and 2010) based on the estimated MSY at an F 50% SPR harvest rate as estimated in the 2007 assessment. The third approach, Alternative 3, had OYs (3,037 mt in 2009 and 2,576 mt in 2010) that were set equal to the ABC for each year as projected by the base model in the 2007 assessment. The Council recommended Alternative 2 which reduces the risk of overfishing chilipepper. Although chilipepper catch has been constrained because they co-occur with overfished species, particularly bocaccio rockfish, increases in canary, bocaccio or widow rockfish OYs may allow for greater chilipepper rockfish targeting opportunities.

Black Rockfish South of 42° N. lat.

A new stock assessment for Black rockfish south of Cape Falcon (46°16′ N. lat.), estimated the stock to be at 70 percent of its unfished spawning biomass in 2007. At its April 2008 meeting, the Council considered three alternative OYs for the area south of 42° N. lat. Alternative 1 was the sum of the OY set equal to the ABC as derived from the 2007 low productivity stock assessment model, and three percent of the yield from the northern area stock assessment base model where the OY was set equal to the ABC. The resulting OYs were 920 mt in 2009 and 831 mt in 2010. Alternative 2 was based on a constant catch scenario using 1,000 mt for the southern area. OY Alternative 3 was based on the sum of the OY set equal to the ABC for that portion of the stock south of 46°16' N. lat. as derived from the 2007 medium productivity stock assessment model and three percent of the yield from the northern area stock assessment base model where the OY was set equal to the ABC. The resulting OYs were 1,469 mt in 2009 and 1,317 mt in 2010.

The Council recommended the OY Alternative 2

based on the sum of the OY set equal to the ABC for that portion of the stock south of 46°16' N. lat. as derived from the 2007 medium productivity stock assessment model and three percent of the yield from the northern area stock assessment base model where the OY was set equal to the ABC. The resulting OYs were 1,469 mt in 2009 and 1,317 mt in 2010.

The Council recommended the OY Alternative 2. Uncertainties in the 2007 southern black rockfish assessment, implications for management, and comments from the SSC indicating that the decision table, coupled with the probabilities assigned to the various states of nature, provides a large contrast in possible outcomes, which implies a highly uncertain assessment (relative to other rockfish assessments). If productivity is actually low, the stock biomass under Alternative 2 is projected to be at 34.7 percent of its unfished spawning biomass in 2016 and not as close to the overfished level as Alternative 3, which projects the spawning biomass to be at 29 percent of its unfished spawning biomass in 2016.

California Scorpionfish

A 2005 stock assessment on California scorpionfish indicated the stock was healthy, with an estimated spawning stock biomass of 79.8 percent of its unfished spawning biomass in 2005. The California scorpionfish assessment used a recreational catch data stream based upon Commercial Passenger Fishing Vessel (CPFV) logbook data expanded to total recreational catch using a proportion of CPFV to total recreational catch (based upon Marine Recreational Fisheries Statistics Survey catch history). The Council's SSC approved this assessment, with the caveat that the ABC/OY from this assessment could only be related to recreational catch calculated in the same manner as this catch stream. Consequently, an alternative ABC/OY was generated by modifying the original ABC/OY from the assessment so that it could be compared and tracked using California Recreational Fisheries Survey (CRFS) catch estimates

uncil's SSC approved this assessment, with the caveat that the ABC/OY from this assessment could only be related to recreational catch calculated in the same manner as this catch stream. Consequently, an alternative ABC/OY was generated by modifying the original ABC/OY from the assessment so that it could be compared and tracked using California Recreational Fisheries Survey (CRFS) catch estimates.

Because the stock is above B 40% coastwide, the OY could be set equal to the ABC. Both the original stock assessment and the modified stock assessment were used to develop 2 California scorpionfish OY alternatives. The Alternative 1 OY (111 mt in 2009 and 99 mt in 2010) is based on the

Cabezon

The Council considered OY alternatives based on the most recent cabezon assessment, which was done for the portion of the stock occurring in waters off California in 2005. In 2005, the Cabezon stock was estimated to be at 40.1 percent of its unfished spawning biomass north of 34°27′ N. lat. and 28.3 percent of its unfished biomass south of 34°27′ N. lat. Since the two substocks collectively have an estimated spawning output less than B 40% , cabezon in waters off California were considered a precautionary zone stock.

OY Alternative 1 (69 mt in 2009 and 2010) was the status quo OY from 2007-2008 and is based on a constant harvest level that is consistent with a 60-20 harvest policy adjustment as specified in the California Nearshore Management Plan. The 60-20 adjustment is analogous to the Council's default 40-10 rule, where, the OY equals the ABC at spawning biomasses ≥60 percent of initial biomass and linearly reduced from the ABC until, at 20 percent of initial biomass, the OY is set to zero. The OY Alternative 2 (74 mt in 2009 and 2010) is an average OY for 2009 and 2010 based on the projected values from the 2005 assessment using an F 50% harvest rate with the 60-20 harvest policy adjustment

ult 40-10 rule, where, the OY equals the ABC at spawning biomasses ≥60 percent of initial biomass and linearly reduced from the ABC until, at 20 percent of initial biomass, the OY is set to zero. The OY Alternative 2 (74 mt in 2009 and 2010) is an average OY for 2009 and 2010 based on the projected values from the 2005 assessment using an F 50% harvest rate with the 60-20 harvest policy adjustment. The third OY alternative (Alternative 3) is similar to Alternative 2 in that the projected values are from the 2005 assessment using an F 50% harvest rate with the 60-20 harvest policy adjustment. However, under Alternative 3, the OYs were not averaged across the two years. The resulting OYs considered under Alternative 3 were 69 mt in 2009 and 79 mt in 2010. The Council recommended the Alternative 3 OYs which allow for more efficient state management of Cabezon.

Arrowtooth Flounder

Alternative OYs for arrowtooth flounder are based on a new stock assessment conducted in 2007 which indicated that the stock was healthy with a spawning biomass estimated at 79 percent of its unfished spawning biomass in 2007. OY Alternative 1 (5,245 mt in 2009 and in 2010) for arrowtooth flounder is based on the MSY at an F 40% harvest rate as estimated in the 2007 assessment. The Alternative 2 OYs (11,267 in 2009 and 10,112 mt in 2010), were based on the OY being set equal to the ABC for the stock. These alternative OYs compare to the status quo ABC/OY of 5,800 mt from 2007 and 2008. The Council recommended Alternative 2 which is the OY being set equal to the estimated ABC for the stock. Increases to the arrowtooth flounder OY raised concerns about potential impacts on overfished species, particularly canary.

Longnose Skate

The council considered three longnose skate alternative OYs based on a 2007 stock assessment which estimated the stock to be at 66 percent of its unfished spawning biomass in 2007

rnative 2 which is the OY being set equal to the estimated ABC for the stock. Increases to the arrowtooth flounder OY raised concerns about potential impacts on overfished species, particularly canary.

Longnose Skate

The council considered three longnose skate alternative OYs based on a 2007 stock assessment which estimated the stock to be at 66 percent of its unfished spawning biomass in 2007. At its June 2008 meeting the Council recommended that the 2007 assessment be used to establish 2009 and 2010 harvest specifications for longnose skate. In doing this, longnose skate would be removed from the “other fish” complex.

The Council considered OY alternatives were: Alternative 1 (901 mt in 2009 and 902 mt in 2010) was based on the projected OYs from the 2007 base model using the current estimated exploitation rate (0.0125); Alternative 2 (1,349 mt in 2009 and 2010); which was the average landings and discard mortality from 2004-2006, increased by 50 percent; OY Alternative 3 (3,428 mt in 2009 and 3,269 mt in 2010) was the OY set equal to the ABC from the 2007 base model with a harvest rate proxy of F 45% (corresponds to an exploitation rate of 0.043).

At its June 2008 meeting, the Council discussed the removal of longnose skate from the “other fish” complex. During discussions, concerns were raised about the removal of longnose skate from the complex. Adjustments to the other fish complex that included longnose skate were considered. However, for more accurate catch accounting the Council recommended removing longnose skate from the other fish complex and establishing species-specific specifications and managing it with its own OY of 1,349 mt in 2009 and 2010 (Alternative 2). An ABC of 11,200 mt and an OY of 5,600 mt would then be specified for the Other Fish complex.

Minor Rockfish North and South of 40°10′ N. lat.

The first blue rockfish assessment on the West Coast was conducted in 2007 for the portion of the stock occurring in waters off California north of Point Conception (34°27′ N. lat.)

naging it with its own OY of 1,349 mt in 2009 and 2010 (Alternative 2). An ABC of 11,200 mt and an OY of 5,600 mt would then be specified for the Other Fish complex.

Minor Rockfish North and South of 40°10′ N. lat.

The first blue rockfish assessment on the West Coast was conducted in 2007 for the portion of the stock occurring in waters off California north of Point Conception (34°27′ N. lat.). The blue rockfish stock was estimated to be at 29.7 percent of its unfished spawning biomass in 2007; therefore, the stock is considered in the precautionary zone. Blue rockfish is currently managed under the minor rockfish complex; however the Council considered removing blue rockfish from the minor rockfish complex and setting a species-specific OY. In addition, the Council considered setting a harvest guideline for blue rockfish within the minor rockfish north and minor rockfish south OY, rather than setting a species-specific OY.

Because the blue rockfish stock off California (that portion south of 42° N. lat.) is under both the minor nearshore rockfish north and the minor nearshore rockfish south complexes, alternative OYs were considered for each minor rockfish complex (minor rockfish south Alternatives 1-3 and minor rockfish north Alternatives 1-3). In addition, two OY alternatives that specifically considered species-specific harvest specifications (blue rockfish OY Alternatives 3 and 4) were considered by the Council. For minor rockfish south, the blue rockfish status quo (2007-2008) OY contribution was 232 mt, and for minor rockfish north the OY contribution was 30 mt. When considering new OYs for species managed within complexes, the status quo OY contributions are removed and replaced with the newly adopted values, then the OYs for all other species in the complex are summed to derive the complex OY value.

The two minor rockfish south alternatives that maintained blue rockfish within the complex were Alternatives 1 and 2. Alternative 3 removed blue rockfish from the complex

new OYs for species managed within complexes, the status quo OY contributions are removed and replaced with the newly adopted values, then the OYs for all other species in the complex are summed to derive the complex OY value.

The two minor rockfish south alternatives that maintained blue rockfish within the complex were Alternatives 1 and 2. Alternative 3 removed blue rockfish from the complex. Under the minor rockfish south, Alternative 1, the OY was determined by replacing the old OY contribution of 116 mt for blue rockfish with the new contribution of 182 mt, based on the 2007 assessment base case model, given a medium productivity. The resulting OYs were 1,970 mt for 2009 and 2010. Alternative 2 for minor rockfish south considered a new blue rockfish OY contribution of 202 mt based on the projected OY from 2007 stock assessment base model, given a high productivity as limited by the base model ABC. The resulting OYs under Alternative 2 were 1,990 mt in 2009 and 2010. OY Alternative 3 (1,788 mt in 2009 and 2010) removed the status quo OY contribution for blue rockfish from the minor nearshore rockfish south

The Council also considered two minor rockfish north alternatives that maintained blue rockfish within the complex (Alternatives 1 and 2) and one alternative that removed blue rockfish from the complex (Alternative 3). Under OY Alternative 1 (2,280 mt in 2009 and 2010) the old blue rockfish OY contribution of 15 mt was removed and the results from the 2007 assessment base model with medium productivity (25 mt in 2009 and 2010) were added back in to derive a 2,280 mt OY. Under OY Alternative 2 (2,283 mt in 2009 and 2010), the old blue rockfish OY contribution of 15 mt was removed and the results from the 2007 assessment with high productivity, as capped by the base model ABC (28 mt in 2009 and 2010), were added back in to derive a 2,283 mt OY

he 2007 assessment base model with medium productivity (25 mt in 2009 and 2010) were added back in to derive a 2,280 mt OY. Under OY Alternative 2 (2,283 mt in 2009 and 2010), the old blue rockfish OY contribution of 15 mt was removed and the results from the 2007 assessment with high productivity, as capped by the base model ABC (28 mt in 2009 and 2010), were added back in to derive a 2,283 mt OY.

OY Alternative 3 (2,255 mt in 2009 and 2010) contemplates removing blue rockfish from the northern minor rockfish complex and managing blue rockfish under its own harvest specifications. To establish species-specific specifications for blue rockfish, two OY alternatives were considered. OY Alternative 3 (207 mt in 2009 and 2010) was the sum of the 198 mt OY based on the ABC from the base model with the 40-10 harvest rate for the assessed portion of the California stock north of Pt. Conception at 34°27′ N. lat., plus 9 mt for the contribution to the OY south of Point Conception. OY Alternative 4 (230 mt in 2009 and 2010) was the sum of the 221 mt OY base on the OY being set equal to the ABC from the 2007 stock assessment base model, given high productivity model, plus 9 mt for the contribution to the OY south of Point Conception. The 9 mt contribution for the area south of Point Conception is a 50 percent adjustment of the original ABC contribution of blue rockfish from the southern minor nearshore rockfish complex (18 mt), which represents the average 1994-99 harvest of blue rockfish in those waters.

In making this determination about removing blue rockfish from the minor rockfish complex, the Council considered the stock biology, available management strategies, and current catch levels. When blue rockfish occur offshore they can be targeted separately from other nearshore rockfish, but those that occur inshore mix with other nearshore rockfish stocks. Blue rockfish will continue to be managed as part of the minor rockfish complex

ving blue rockfish from the minor rockfish complex, the Council considered the stock biology, available management strategies, and current catch levels. When blue rockfish occur offshore they can be targeted separately from other nearshore rockfish, but those that occur inshore mix with other nearshore rockfish stocks. Blue rockfish will continue to be managed as part of the minor rockfish complex. However, the state of California will take the necessary action to reduce the catch of blue rockfish and to monitor it closely to reduce the risk of exceeding the OY.

Pacific Whiting

Consistent with the U.S.-Canada agreement for Pacific whiting, the Council recommended a range of OYs for Pacific whiting for 2009 and 2010, and delayed adoption of final 2009 and 2010 ABCs and OYs until its March 2009 and 2010 meetings, respectively. The final ABC and OY values recommended in March will be based on stock assessments which include the most recent scientific information and that are completed each year, just prior to the Council's March meeting. The DEIS for the 2009 and 2010 management measures considers a range for OYs and the resulting impacts. The range of alternatives considered in the DEIS for the U.S. OY are as follows: OY Alternative 1 (134,773 mt) which is half the OY specified in 2008, OY Alternative 2 (269,545 mt) which is the status quo 2008 OY, and OY Alternative 3 (404,318 mt) which is 150 percent of the status quo OY. Given the results of recent assessments, the recommended range of OYs is expected to accommodate the projected results of the new assessments. Revisions to the Pacific Coast treaty Indian tribes Pacific whiting allocations are being proposed with this rulemaking. Further discussion of the proposed allocation scheme is described below in the tribal section

which is 150 percent of the status quo OY. Given the results of recent assessments, the recommended range of OYs is expected to accommodate the projected results of the new assessments. Revisions to the Pacific Coast treaty Indian tribes Pacific whiting allocations are being proposed with this rulemaking. Further discussion of the proposed allocation scheme is described below in the tribal section.

OY Policies and Rebuilding Parameters for Overfished Species

Under the Magnuson-Stevens Act, overfished species rebuilding periods must be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, and the interaction of the overfished stock of fish within the marine ecosystem. National Standard 8 of the Magnuson-Stevens Act, 16 U.S.C. 1851(a)(8), also requires consideration of fishing communities consistent with the conservation requirements of the Act: “Conservation and management measures shall, consistent with the conservation requirements of this Act (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.” (1851(a)(8)). Both National Standard 8 and the rebuilding provisions address the difficult and often conflicting short term and long term socioeconomic and biological considerations in fisheries management, which require sustaining the long term productivity of the marine resources and fishing communities. Under the FMP, when a stock assessment estimates that a stock is below 25 percent of estimated unfished spawning biomass (B UNFISHED ) it is declared overfished. The Magnuson-Stevens Act requires that overfished stocks be rebuilt to B MSY , which is the biomass level at which a stock is estimated to be able to maintain its maximum sustainable yield (MSY) over time

esources and fishing communities. Under the FMP, when a stock assessment estimates that a stock is below 25 percent of estimated unfished spawning biomass (B UNFISHED ) it is declared overfished. The Magnuson-Stevens Act requires that overfished stocks be rebuilt to B MSY , which is the biomass level at which a stock is estimated to be able to maintain its maximum sustainable yield (MSY) over time. The FMP sets a proxy B MSY level for all groundfish species at 40 percent of a stock's unfished spawning biomass level (B 40% ). When a stock has been declared overfished a rebuilding plan must be developed and the stock must then be managed in accordance with the rebuilding plan. An overfished groundfish stock is considered rebuilt once its spawning biomass reaches B 40% .

When a stock's spawning biomass is estimated to be below B 25% , a rebuilding analysis is prepared. Life history characteristics ( e.g. , age of reproductive maturity, relative productivity at different ages and sizes, etc.) and the effects of environmental conditions on its abundance ( e.g. , relative productivity under inter-annual and inter-decadal climate variability, availability of suitable feed and habitat for different life stages, etc.) are taken into account in the stock assessment and the rebuilding analysis. A rebuilding analysis for an overfished species uses the information in its stock assessment to determine T MIN , the minimum time to rebuild to B 40% in the absence of fishing. For each stock, its T MIN is dependent on a variety of physical and biological factors. The rebuilding analyses are used to predict T MIN for each overfished species and, in doing so, answer the question of what is “as quickly as possible” for each of the overfished species. It must be noted that rebuilding by the T MIN date would require elimination of human-induced fishing mortality on a stock

. For each stock, its T MIN is dependent on a variety of physical and biological factors. The rebuilding analyses are used to predict T MIN for each overfished species and, in doing so, answer the question of what is “as quickly as possible” for each of the overfished species. It must be noted that rebuilding by the T MIN date would require elimination of human-induced fishing mortality on a stock. Because of the interrelationships of the various stocks in the groundfish fishery, zero fishing mortality on an overfished stock would require a complete or near complete prohibition on all groundfish fishing. The complete absence of targeted fishing mortality on the stock does not necessarily result in the complete absence of human-induced mortality on the stock.

No new species were declared overfished from the 16 groundfish assessments conducted in 2007. However, new stock assessments and rebuilding analyses for all of the seven overfished groundfish species were developed and adopted in 2007. For

The Council continued to use an integrated rebuilding strategy that moves fishing effort off of the more sensitive rebuilding species and on to the less sensitive rebuilding species ( i.e. , off of species with longer rebuilding times and onto species able to rebuild quicker). This concept was determined to be the best way of taking into account the biology of the stocks and the needs of fishing communities in a programmatic fashion that simultaneously considered all rebuilding species and groundfish sectors. Earlier, this notice discussed the Council's decision-making process and how that process focused the Council's decision on a suite of inter-related OYs for overfished species. As discussed above, the overfished species OYs constrain fishing for all co-occurring groundfish species and for some non-groundfish species as well, making the suite of overfished species OYs the cornerstone of the entire groundfish harvest specifications and management measures package

ess and how that process focused the Council's decision on a suite of inter-related OYs for overfished species. As discussed above, the overfished species OYs constrain fishing for all co-occurring groundfish species and for some non-groundfish species as well, making the suite of overfished species OYs the cornerstone of the entire groundfish harvest specifications and management measures package. As also discussed above, recommending a suite of interrelated overfished species OYs allowed the Council to consider a management package that best takes into account the status and biology of those stocks and the needs of fishing communities, by emphasizing catch reductions for the species most sensitive to changes in OY harvest rates and consideration of communities most vulnerable to shifts in groundfish fishing income.

At its April 2008 meeting, the Council considered seven rebuilding alternatives that packaged overfished species OYs with management measures intended to constrain fishing to those OYs. Rebuilding Alternative 1 was designed to allow more fishing opportunities on the continental shelf north and south of 40°10′ N. lat. by specifying relatively higher OYs for bocaccio, canary rockfish, cowcod, widow rockfish and yelloweye rockfish, while allowing fewer fishing opportunities on the slope by specifying relatively lower OYs for darkblotched rockfish and POP. Rebuilding Alternative 2 was conversely designed to allow fewer fishing opportunities on the shelf north and south of 40°10′ N. lat. by specifying relatively lower OYs for the shelf species (bocaccio, canary, cowcod, widow, and yelloweye), and higher fishing opportunities on the slope by specifying relatively higher OYs for the slope species (darkblotched and POP). Rebuilding Alternative 3 was the most restrictive alternative coastwide because it was constructed with relatively low OYs for all the overfished species

10′ N. lat. by specifying relatively lower OYs for the shelf species (bocaccio, canary, cowcod, widow, and yelloweye), and higher fishing opportunities on the slope by specifying relatively higher OYs for the slope species (darkblotched and POP). Rebuilding Alternative 3 was the most restrictive alternative coastwide because it was constructed with relatively low OYs for all the overfished species. Rebuilding Alternative 4 was the most liberal alternative coastwide since it was constructed with relatively high OYs for all the overfished species. Rebuilding Alternatives 5a and 5b allowed mixed fishing opportunities by sector north and south of 40°10′ N. lat. and in shallow and deeper waters and are designed to show further trade-offs between rebuilding OYs that may not be captured by rebuilding Alternatives 1 through 4. The preferred suite of overfished species OYs identified by the Council in April 2008 included: 105 mt for canary in 2009 and 2010; 17 mt for yelloweye in 2009 and 14 mt in 2010; 288 mt for bocaccio in 2009 and 2010; 3 mt for cowcod in 2009 and 2010; 189 mt for POP in 2009 and 200 mt in 2010; 300 mt for darkblotched in 2009 and 306 in 2010; and 475 mt for widow rockfish in 2009 and 2010.

At its June 2008 meeting, the Council made final recommendations on: 2009-2010 OYs; rebuilding plan revisions; bycatch limits for the proposed 2009 exempted fishing permits (EFPs); and groundfish management measures designed to keep catch levels within the final preferred OYs. The final preferred suite of overfished species OYs recommended by the Council included: 105 mt for canary in 2009 and 2010; 17 mt for yelloweye in 2009 and in 2010; 288 mt for bocaccio in 2009 and 2010; 4 mt for cowcod in 2009 and 2010; 189 mt for POP in 2009 and 200 mt in 2010; 285 mt for darkblotched in 2009 and 291 in 2010; and for widow rockfish 522 mt in 2009 and 509 in 2010

l preferred OYs. The final preferred suite of overfished species OYs recommended by the Council included: 105 mt for canary in 2009 and 2010; 17 mt for yelloweye in 2009 and in 2010; 288 mt for bocaccio in 2009 and 2010; 4 mt for cowcod in 2009 and 2010; 189 mt for POP in 2009 and 200 mt in 2010; 285 mt for darkblotched in 2009 and 291 in 2010; and for widow rockfish 522 mt in 2009 and 509 in 2010.

Under the Council's recommended suite of rebuilding OYs, POP, widow rockfish, canary rockfish and bocaccio OYs increase from 2008 levels, easing constraints on target species that co-occur with the overfished species. However, rebuilding OYs for darkblotched rockfish and yelloweye rockfish decline from 2008 levels under the Council-recommended suite of alternatives. Reductions in the darkblotched rockfish and yelloweye rockfish OYs would require more restrictive management measures to reduce the catch of these two species. The impacts to the non-whiting limited entry trawl sector under the final Council-preferred alternative are largely driven by the OYs for canary rockfish, bocaccio rockfish, darkblotched rockfish, cowcod, and POP. Under the final Council-preferred alternative, the limited entry bottom trawl sector is predicted to generate approximately $2.8-3 million more exvessel revenue than in 2007 (Status Quo). This increase is largely driven by increases in the abundance of sablefish, English sole and arrowtooth flounder, as opposed to changes in rebuilding species OYs.

Fishing opportunity and economic impacts to the nearshore groundfish sector are largely driven by the need to reduce the catch of canary and yelloweye rockfish. In areas south of 40°10′ N. lat., observer data has not shown an interaction with yelloweye rockfish, so canary rockfish is the driving constraint in this area. The impacts to recreational sectors are driven by the OYs for yelloweye rockfish, canary rockfish, and to a lesser extent, bocaccio and widow rockfish

tor are largely driven by the need to reduce the catch of canary and yelloweye rockfish. In areas south of 40°10′ N. lat., observer data has not shown an interaction with yelloweye rockfish, so canary rockfish is the driving constraint in this area. The impacts to recreational sectors are driven by the OYs for yelloweye rockfish, canary rockfish, and to a lesser extent, bocaccio and widow rockfish.

The OY alternatives for yelloweye rockfish are based on the 2007 assessment, which is an update of the 2006 assessment, and the 2007 rebuilding analysis which is based on the 2007 updated assessment. The 2007 updated assessment did not significantly change the understanding of stock productivity, although the median time to rebuild under the status quo harvest rate ramp-down strategy is now predicted to be 2082 instead of 2084, largely due to a higher assumed natural mortality rate. Yelloweye rockfish have a life history that illustrates the classic challenge of rebuilding overfished rockfish stocks; they are slow to mature, have low productivity, and can live in excess of 100 years. Given their low productivity,

When setting the 2007 and 2008 harvest specifications and management measures, the Council recognized the need to restrict the fisheries based on the new yelloweye rockfish assessment, but also took into account the potentially widespread negative effects of an immediate reduction in OY and recommended an OY ramp-down strategy over a 5-year period. The ramp-down strategy provides time to collect much needed additional data that could better inform new management measures for greater yelloweye rockfish catch reduction, and reduces the immediate adverse impacts to fishing communities while altering the rebuilding period by less than one year. The ramped down OY adopted for yelloweye rockfish during the 2007 and 2008 management cycle began with an OY of 23 mt in 2007 and 20 mt in 2008. The OY was to be reduced each year until ultimately reaching 14 mt in 2011

easures for greater yelloweye rockfish catch reduction, and reduces the immediate adverse impacts to fishing communities while altering the rebuilding period by less than one year. The ramped down OY adopted for yelloweye rockfish during the 2007 and 2008 management cycle began with an OY of 23 mt in 2007 and 20 mt in 2008. The OY was to be reduced each year until ultimately reaching 14 mt in 2011. Under this approach the yelloweye rockfish rebuilding plan would revert to a constant harvest rate of F = 0.0101 percent through the rebuilt date of 2084. The yelloweye rockfish OY ramp-down strategy was a departure from the practice of setting constant harvest rates that are intended to carry through time to the rebuilt dates. The 2009-2010 OY alternatives developed for yelloweye rockfish were based on the 2007 stock assessment update and the 2007 rebuilding analysis. The stock assessment update and rebuilding analysis did not significantly change the understanding of stock productivity, although the median time to rebuild the stock under the status quo harvest rate ramp-down strategy was projected to be 2082 instead of 2084 as previously estimated. The change in median rebuilding time was largely due to a higher assumed natural mortality rate. All of the yelloweye rockfish OYs considered by the Council were expected to cause severe impacts to fisheries and communities. The Council expressed strong concern about the severity of the impact on communities resulting from ramp-down strategy as the OY drops below 17 mt. The Council also expressed concern that the current stock assessment for yelloweye rockfish was data-poor, but was hopeful that the next assessment (a full assessment with additional data) would be more optimistic.

ck assessment for yelloweye rockfish was data-poor, but was hopeful that the next assessment (a full assessment with additional data) would be more optimistic.

The Council initially identified a preference for maintaining the 2007-2008 ramp-down strategy, which reduced the yelloweye rockfish OY to 17 mt in 2009 and 14 mt in 2010. The median time to rebuild the stock under the status quo was 2082. Although yelloweye rockfish was the most constraining species to the fishery, the Council considered it to be prudent to stick with the ramp-down approach as higher OYs could result in a greatly extended rebuilding period, or make reductions after 2010 even more difficult on the fishery. At its April 2008 meeting, the Council requested analysis of an alternative ramp-down approach that would specify both the 2009 and 2010 OYs as 17 mt (F 66.3 %% ), before ramping down to the status quo SPR harvest rate of F 71.9 %% in 2011. After consideration of the new information available at the Council's June 2008 meeting, the Council chose to recommend a yelloweye rockfish OY of 17 mt in both 2009 and 2010 and to maintain the target rebuilding year of 2084 in the status quo yelloweye rebuilding plan. Although the original ramp-down analysis was done assuming an OY of 14 mt in 2010, as noted above, an OY of 17 mt in 2010 does not significantly alter the rebuilding schedule.

A 17 mt OY in 2010 would require a more abrupt adjustment by management and industry as the fishery transitions to the constant harvest rate in 2011. However, maintaining a slightly higher OY in 2010 would allow both management and industry to learn how to manage to the highly restrictive harvest levels needed to rebuild yelloweye. Scientific data collection may be allowed with the slightly higher OY. Scientific data are needed to improve stock assessments and to help understand how to make fishery catch reductions. The Council did not recommend revising the target rebuilding year or the harvest control rule for 2011 and beyond

ustry to learn how to manage to the highly restrictive harvest levels needed to rebuild yelloweye. Scientific data collection may be allowed with the slightly higher OY. Scientific data are needed to improve stock assessments and to help understand how to make fishery catch reductions. The Council did not recommend revising the target rebuilding year or the harvest control rule for 2011 and beyond. This constant harvest rate beginning in 2011 is a key feature of the yelloweye rebuilding plan and represents the Council's primary decision on how to rebuild the stock in as short a time as possible, taking into account the status and biology of any overfished stock of fish and the needs of fishing communities.

At their April 2008 meeting, the Council requested an analysis of the associated impacts of yelloweye rockfish catch sharing between directed groundfish sectors and state recreational fisheries. The alternative catch sharing was to be based on the 2005 and 2007 projections of catch documented by the Groundfish Management Team in the final bycatch scorecards. This is the first management cycle where all three states have been constrained by yelloweye rockfish. In prior management cycles, the California fisheries were more constrained by the availability of canary rockfish than yelloweye rockfish. Potential harvest guidelines for yelloweye rockfish that would be available for the different groundfish fisheries were provided for each OY alternative. At its June 2008 meeting, the Council recommended adoption of an alternative catch sharing arrangement for yelloweye rockfish that restructured the catch sharing based on the 2005 bycatch scorecard: Limited entry non-whiting trawl 0.6 mt; limited entry whiting 0.0 mt; limited entry fixed gear 1.4 mt; directed open access 1.1 mt; Washington recreational 2.7 mt; Oregon recreational 2.4 mt; California recreational 2.7 mt; and 0.3 for exempted fishing

doption of an alternative catch sharing arrangement for yelloweye rockfish that restructured the catch sharing based on the 2005 bycatch scorecard: Limited entry non-whiting trawl 0.6 mt; limited entry whiting 0.0 mt; limited entry fixed gear 1.4 mt; directed open access 1.1 mt; Washington recreational 2.7 mt; Oregon recreational 2.4 mt; California recreational 2.7 mt; and 0.3 for exempted fishing.

For cowcod, the SSC recommended revising the cowcod rebuilding plan based on the new 2007 stock assessment because of technical errors in the 2005 assessment that led to a flawed understanding of the status and biology of the stock. The Council initially recommended an OY of 3 mt in 2009 and 2010 based on a higher SPR harvest rate (F 83.6 %% ) at its April 2008 meeting. The 2007 and 2008 status quo OY was 4 mt. Because a 3-mt alternative was not analyzed in the original 2007 cowcod rebuilding analysis, the Council deferred their decision on revised cowcod rebuilding plan parameters until June 2008. Cowcod is an unproductive stock that is more depleted than previously thought. Although cowcod impacts have been minimized by prohibiting retention and area closures in California waters, there have been instances when 3 mt has been estimated to have been incidentally taken.

The majority of incidental catch of cowcod has occurred in the recreational and trawl fisheries. With the increased sablefish OY the trawl fishery could be curtailed if the 3 mt cowcod OY were specified. The Council indicated that there were few remaining restrictions available under the groundfish FMP that

The departure from the expected rebuilding trajectory, due to correction of the technical flaw that existed in the 2005 assessment, resulted in a longer time to rebuild the cowcod stock than was originally estimated because of a lower estimated depletion level. Given this was a fundamental revision in the understanding of the biology of cowcod, the SSC indicated that a revision in T TARGET was warranted

parture from the expected rebuilding trajectory, due to correction of the technical flaw that existed in the 2005 assessment, resulted in a longer time to rebuild the cowcod stock than was originally estimated because of a lower estimated depletion level. Given this was a fundamental revision in the understanding of the biology of cowcod, the SSC indicated that a revision in T TARGET was warranted. The Council recommended formally revising the target rebuilding year in the cowcod rebuilding plan from 2039 to 2072 and the SPR harvest rate from F 90.0 %% to F 82.1 %% .

The SSC recommended maintaining the status quo bocaccio rebuilding plan adopted under Amendment 16-4 since the new assessment did not appreciably change the understanding of the stock's status from the previous assessment. The Council elected to maintain the status quo target rebuilding year of 2026 and SPR harvest rate (F 77.7 %% ) in the current bocaccio rebuilding plan with a corresponding OY of 288 mt in both 2009 and 2010. The SSC concluded that bocaccio was showing adequate progress towards rebuilding.

The new assessment and rebuilding analysis confirmed that widow rockfish stock is on track for recovery by the next assessment cycle. Widow rockfish is incidentally taken in the Pacific whiting fishery, where the catch of widow rockfish is constrained under bycatch limits. Constraining widow rockfish incidental catch inseason has resulted in the Pacific whiting fishery having to shift their fishing areas to better avoid widow rockfish, and early closure in 2007 when the widow rockfish bycatch limit was reached. However, as discussed above, efforts to reduce widow bycatch have resulted in increased darkblotched rockfish bycatch. Widow rockfish also occurs, but less frequently, in fixed gear and recreational fisheries.

At its April 2008 meeting the Council recommended a preliminary preferred OY for widow rockfish of 475 mt in 2009 and 2010

losure in 2007 when the widow rockfish bycatch limit was reached. However, as discussed above, efforts to reduce widow bycatch have resulted in increased darkblotched rockfish bycatch. Widow rockfish also occurs, but less frequently, in fixed gear and recreational fisheries.

At its April 2008 meeting the Council recommended a preliminary preferred OY for widow rockfish of 475 mt in 2009 and 2010. Although widow rockfish is projected to be rebuilt after the next assessment, the Council recognized that the stock is not yet rebuilt and will need to be fully assessed before the next biennial management period. A recommendation of 475 mt is lower than required by the rebuilding plan, but was considered to provide a reasonable probability of harvesting the available whiting harvest allocation if similar to 2008. At its June 2008 meeting, and for the reasons discussed above regarding the relationship between darkblotched rockfish catch and widow rockfish catch in the Pacific whiting fishery, the Council made a final OY recommendation for widow rockfish of 522 mt in 2009 and 509 mt in 2010. The Council's recommended OYs are based on the status quo SPR harvest rate of F 95.0 %% . The Council elected to maintain the target rebuilding year (2015) and the harvest control rule (F 95.0 %% ) in the widow rockfish rebuilding plan.

The SSC recommended revising the status quo darkblotched rockfish rebuilding plan adopted under Amendment 16-4 since the new assessment fundamentally changed the understanding of stock productivity. It was determined that the status quo target rebuilding year of 2011 in the current darkblotched rebuilding plan cannot be achieved even under a zero harvest rebuilding strategy T F=0 . Reductions in the darkblotched rockfish OYs are highly limiting to the trawl fisheries because darkblotched rockfish co-occurs with the most economically important species in the fishery such as petrale sole, sablefish, and whiting

that the status quo target rebuilding year of 2011 in the current darkblotched rebuilding plan cannot be achieved even under a zero harvest rebuilding strategy T F=0 . Reductions in the darkblotched rockfish OYs are highly limiting to the trawl fisheries because darkblotched rockfish co-occurs with the most economically important species in the fishery such as petrale sole, sablefish, and whiting. Darkblotched appears to restrict exvessel revenues in the trawl fisheries more than other species such as canary. Although the relationship between widow rockfish and darkblotched rockfish incidentally taken in the Pacific whiting fishery is uncertain, attempts to avoid darkblotched rockfish have resulted in increased widow rockfish catch and vice versa. The Council considered reducing the darkblotched OY below the preferred OYs of 475 in 2009 and 2010 that had been preliminarily recommended in April and increasing the widow rockfish to 522 mt in 2009 and 509 mt in 2010. By increasing the widow rockfish OY, the whiting fishery would be encouraged to adjust their fishing strategy to further reduce their bycatch of darkblotched rockfish, and the needs of fishing communities would continue to be taken into account. The lower OY for darkblotched rockfish would result in faster rebuilding of that stock while the time to rebuild widow rockfish would remain unchanged. Therefore, the darkblotched rockfish recommendation was reduced from the 300 in 2009 and 306 in 2010, recommended in April 2008, to 285 mt in 2009 and 291 mt in 2010, recommended in June 2008. Because of the new stock assessment, the Council recommends revising the current darkblotched rebuilding plan by specifying a target rebuilding year of 2028 and a harvest control rule of F 62.1 %% . This is a more conservative harvest rate, but a longer time to rebuild

d from the 300 in 2009 and 306 in 2010, recommended in April 2008, to 285 mt in 2009 and 291 mt in 2010, recommended in June 2008. Because of the new stock assessment, the Council recommends revising the current darkblotched rebuilding plan by specifying a target rebuilding year of 2028 and a harvest control rule of F 62.1 %% . This is a more conservative harvest rate, but a longer time to rebuild.

For canary, the SSC recommended revising the status quo canary rockfish ( Sebastes pinniger ) rebuilding plan adopted under Amendment 16-4 since the new assessment fundamentally changed the understanding of stock productivity. The Council recommended an OY of 105 mt for both 2009 and 2010, an increase from 2007-2008 OY of 44 mt, but consistent with the existing rebuilding plan. The Council also recommended revising the target rebuilding year from 2063 to 2021, which is two years longer than F=0 and maintaining the SPR harvest rate of F 88.7 %% defined in the current canary rebuilding plan. Given the new understanding of the condition of the stock and the revised rebuilding plan, the Council indicated that setting the canary OY to 105 mt was a prudent approach while still precautionary and consistent with the Magnuson-Stevens Act requirements. The fishing communities have endured substantial hardship with the 44 mt canary OY in 2007 and 2008 because substantial harvest of other healthy species was foregone, regardless of best efforts to reduce incidental catch.

At their April 2008 meeting, the Council requested an analysis of the associated impacts of canary rockfish catch sharing between directed groundfish sectors and state recreational fisheries. The alternative catch sharing was to be based on the 2005 and 2007 projections of catch, documented by the Groundfish Management Team in the final bycatch scorecards. Potential harvest guidelines for canary rockfish were provided for each OY alternative

ested an analysis of the associated impacts of canary rockfish catch sharing between directed groundfish sectors and state recreational fisheries. The alternative catch sharing was to be based on the 2005 and 2007 projections of catch, documented by the Groundfish Management Team in the final bycatch scorecards. Potential harvest guidelines for canary rockfish were provided for each OY alternative. At its June 2008 meeting, the Council recommended adoption of an alternative catch sharing arrangement for canary rockfish based on the initial 2005 scorecard. The following recommended alternative would provide flexibility for some fisheries: Limited entry non-whiting trawl 19.7 mt; limited entry whiting 18.0 mt; limited entry fixed gear 2.5 mt; directed open access 2.2 mt; Washington recreational 4.9 mt; Oregon recreational 16.0 mt; and California recreational 22.9 mt.

Information on the status and biology of POP and their effects on fishing communities has remained relatively unchanged since the analysis of the 2007 and 2008 harvest specifications and Amendment 16-4. Therefore, the Council recommended an OY of 189 mt in 2009 and 200 mt in 2010. The 86.4 %% specified in the current POP rebuilding plan.

For each approved overfished species rebuilding plan, the following parameters are specified in the FMP: Estimates of unfished biomass (B0) and target biomass (B MSY ); the year the stock would be rebuilt in the absence of fishing (T MIN ); the year the stock would be rebuilt if all fishing mortality were to cease beginning in 2007 (T F=0 ); the year the stock would be rebuilt if the maximum time period permissible under National Standard Guidelines were applied (T MAX ); the target year in which the stock would be rebuilt under the adopted rebuilding plan (T TARGET also referred to as the median time to rebuild); the spawning potential ratio (SPR = the ratio of the equilibrium spawning output per recruit under fished conditions to the spawning output per recruit under no fishing); and/or, the harvest control rule

ational Standard Guidelines were applied (T MAX ); the target year in which the stock would be rebuilt under the adopted rebuilding plan (T TARGET also referred to as the median time to rebuild); the spawning potential ratio (SPR = the ratio of the equilibrium spawning output per recruit under fished conditions to the spawning output per recruit under no fishing); and/or, the harvest control rule (F). Other relevant rebuilding information is also included in the FMP. The estimated rebuilding parameters serve as management benchmarks in the FMP and the FMPs are not amended when the values change after new stock assessments are completed, as is likely to happen.

Rebuilding parameters being codified in regulation (50 CFR 660.365) are the harvest control rule and the target time to rebuild. If, after a new stock assessment, the Council and NMFS conclude that the parameters defined in regulation should be revised, the revision will be implemented through the Federal rulemaking process with public notice and opportunity for comment. Any changes to the values in regulation will be supported by a corresponding analysis. Approved rebuilding plans are implemented through setting OYs and establishing management measures necessary to maintain the fishing mortality within the OYs to achieve objectives related to rebuilding requirements. The rebuilding OYs and management measures being implemented through Federal regulations are summarized below. Management measures adopted for 2009 and 2010 are expected to keep the incidental catch of overfished species within the adopted OYs. Management measures designed to rebuild overfished species, or to prevent species from becoming overfished, may restrict the harvest of relatively healthy stocks that are harvested with overfished species. As a result of the constraining management measures imposed to rebuild overfished species, a number of the OYs for healthy stocks may not be achieved

f overfished species within the adopted OYs. Management measures designed to rebuild overfished species, or to prevent species from becoming overfished, may restrict the harvest of relatively healthy stocks that are harvested with overfished species. As a result of the constraining management measures imposed to rebuild overfished species, a number of the OYs for healthy stocks may not be achieved.

The OY alternatives analyzed in the DEIS were based on harvest rates estimated from the rebuilding simulation program and were calculated using a Spawning Potential Ratio or SPR (the ratio of the equilibrium spawning output per recruit under fished conditions to the spawning output per recruit under no fishing) which may be converted to an instantaneous rate of fishing mortality (F). Given fishery selectivity patterns and basic life history parameters, there is an inverse relationship between the harvest control rule (F) and SPR harvest rate. When there is no fishing, each new female recruit is expected to achieve 100 percent of its spawning potential (SPR=100%, F=0). As fishing intensity increases, expected lifetime reproduction declines due to this added source of mortality. Calculation of the harvest control rule SPR has the benefit of standardizing for differences in growth, maturity, fecundity, natural mortality, and fishery selectivity patterns and, as a consequence, the SSC recommended that the SPR harvest rate be used routinely. The SPR harvest rate for each species is being provided so that fishing intensity can be more easily compared and to standardize the basis of rebuilding calculations. If the rebuilding SPR target is revised upward (a reduction in fishing mortality) in the rebuilding plan without changing the target rebuilding year the new rate is set for the duration of the rebuilding period.

Bocaccio

Date declared overfished: March 3, 1999.

Areas affected: Monterey and Conception.

Status of stock: In 2007 it was at 12.7 percent of its unfished spawning biomass:

B0: 13,554 Billion eggs

SPR target is revised upward (a reduction in fishing mortality) in the rebuilding plan without changing the target rebuilding year the new rate is set for the duration of the rebuilding period.

Bocaccio

Date declared overfished: March 3, 1999.

Areas affected: Monterey and Conception.

Status of stock: In 2007 it was at 12.7 percent of its unfished spawning biomass:

B0: 13,554 Billion eggs.

B MSY : 5,421 Billion eggs.

T MIN : 2019.

T F=0 : 2020.

T MAX : 2033.

Target year to rebuild: 2026.

Median year to rebuild: 2023.

SPR target fishing intensity: 77.7 percent.

ABC: 793 mt in 2009 and 2010.

OY: 288 mt in 2009 and 2010.

Biology of the stock: Bocaccio are historically most abundant in waters off central and southern California. Juveniles settle in nearshore waters after a several month pelagic stage. Adults range from depths of 6.5-261 fm (12-478 m). Most adults are caught off the middle and lower shelf at depths between 27 fm and 137 fm (50 and 250 m). Larger fish tend to be found deeper. Bocaccio are found in a wide variety of habitats, often on or near bottom features but sometimes over muddy bottoms. Bocaccio are usually found near the bottom, however, they may also occur as much as 16.4 fm (30 m) off the bottom. Tagging studies have shown that young fish move up to 148 km (92 miles). Maximum age of bocaccio was determined to be at least 40 and perhaps more than 50 years.

Management measures for 2009 and 2010: Bocaccio have historically been taken by commercial trawl and fixed gear vessels and in the recreational fisheries. Adult bocaccio are often caught with Chilipepper rockfish and have been observed schooling with speckled, vermilion, widow, and yellowtail rockfish. South of 40°10′ N. lat. the bottom trawl, limited entry fixed gear, and open access fishing opportunities, in the depths where bocaccio are most commonly encountered, have been reduced through the use of RCAs

vessels and in the recreational fisheries. Adult bocaccio are often caught with Chilipepper rockfish and have been observed schooling with speckled, vermilion, widow, and yellowtail rockfish. South of 40°10′ N. lat. the bottom trawl, limited entry fixed gear, and open access fishing opportunities, in the depths where bocaccio are most commonly encountered, have been reduced through the use of RCAs. To accommodate incidental catch of shelf species, very small limits are allowed to be retained with large footrope and midwater trawl gear, but harvest of bocaccio is prohibited with small footrope trawl gear. Chilipepper rockfish limits for limited entry large footrope and mid water trawl gear are available for the area south of 40°10′ N. lat. and may be reduced inseason if incidental catch of bocaccio is greater than pre-season projections. The Chilipepper rockfish limits are conservative and not expected to result in the bocaccio OY being exceeded. Pink shrimp trawl vessels fishing in waters off the State of California will continue to be required to have and use fin fish excluder devices that are intended to reduce the catch of overfished species including bocaccio. Bocaccio are vulnerable to commercial non trawl gears and to recreational fishing gear. To accommodate incidental catch of bocaccio in commercial fixed gear fisheries, very small limits are allowed to be retained. California recreational fisheries will constrain incidental bocaccio catch with recreational fishery bag limits.

Canary Rockfish

Date declared overfished: January 4, 2000 (65 FR 221).

Affected area: Coastwide.

Status of the stock: In 2007 it was at 32.4 percent of its unfished spawning biomass.

B0: 32,561 mt.

B MSY : 13,024 mt.

T MIN : 2019.

T F=0 : 2019.

T MAX : 2041.

Target year to rebuild: 2021.

Median year to rebuild: 2020.

SPR target fishing intensity: 88.7 percent.

ABC: 937 mt in 2009, 940 mt in 2010.

OY: 105 in 2009 and 2010.

Biology of the stock: Canary rockfish are a continental shelf (shelf) species

it was at 32.4 percent of its unfished spawning biomass.

B0: 32,561 mt.

B MSY : 13,024 mt.

T MIN : 2019.

T F=0 : 2019.

T MAX : 2041.

Target year to rebuild: 2021.

Median year to rebuild: 2020.

SPR target fishing intensity: 88.7 percent.

ABC: 937 mt in 2009, 940 mt in 2010.

OY: 105 in 2009 and 2010.

Biology of the stock: Canary rockfish are a continental shelf (shelf) species. Juveniles settle in nearshore waters after a several month pelagic stage. Adults range from depths of 25-475 fm (46-868 m). Most adults are caught off the middle and lower shelf at depths between 44 fm and 109 fm (80 and 200 m). Larger fish tend to be found in deeper waters. Canary rockfish are usually associated with areas of high relief such as pinnacles, but also occur over flat rock or mud and boulder bottoms. They are usually found near the bottom and are occasionally found off the bottom or in soft-bottom habitats that are atypical for rockfish. A tagging study showed that canary rockfish can migrate up to 700 km (435 miles). The maximum age of canary rockfish is 84 years.

Management measures in 2009 and 2010: Unavoidable incidental catches of canary rockfish occur in trawl, fixed gear, open access, and recreational fisheries targeting groundfish, as well as commercial and recreational fisheries targeting species other than groundfish. Adult canary rockfish are often caught with bocaccio, sharpchin rockfish, yelloweye rockfish, yellowtail rockfishes, and lingcod. Researchers have also observed canary rockfish associated with silvergray and widow rockfish. Management measures intended to limit bycatch of canary rockfish include RCAs, cumulative trip limits to constrain the fishery coastwide, and bycatch limits in the whiting fishery. Canary's wide geographic distribution and catchability in all fisheries makes it more difficult to manage with species specific RCAs, like yelloweye rockfish and cowcod

ish associated with silvergray and widow rockfish. Management measures intended to limit bycatch of canary rockfish include RCAs, cumulative trip limits to constrain the fishery coastwide, and bycatch limits in the whiting fishery. Canary's wide geographic distribution and catchability in all fisheries makes it more difficult to manage with species specific RCAs, like yelloweye rockfish and cowcod.

Bottom trawling is prohibited in the trawl RCA, which covers depths where canary rockfish have been most frequently caught. Cumulative limits are structured to discourage targeting of shelf species while allowing very low levels of incidental take to be landed. Because vessels fishing with trawl gear shoreward of the trawl RCA are more likely to encounter canary rockfish than those fishing seaward of the RCA, differential trip limits have been used for large footrope, small footrope and selective flatfish trawl gear. To reduce incidental take of canary rockfish in the area north of 40°10′ N. lat., vessels fishing shoreward of the RCAs are required to use selective flatfish trawl gear. By allowing higher limits for large and small footrope gear in areas seaward of the RCAs and prohibiting its use in nearshore areas, there is an incentive for vessels to fish in deeper waters, beyond the range of canary rockfish.

Incidental catch of canary rockfish during the primary season for whiting will be constrained by sector-specific bycatch limits that require closure of the commercial whiting fisheries when reached. For 2009 and 2010 the canary rockfish bycatch limits are: 6.1 mt for the catcher/processor sector, 4.3 for the mothership sector, and 7.6 mt for the shore-based sector. A final 2009 and 2010 whiting ABC and OY will be adopted at the Council's March meeting and the bycatch limits may be reconsidered at that time and adjusted inseason. The non-trawl limited entry fisheries will be constrained by RCAs coastwide that are intended to reduce the catch of canary rockfish

the catcher/processor sector, 4.3 for the mothership sector, and 7.6 mt for the shore-based sector. A final 2009 and 2010 whiting ABC and OY will be adopted at the Council's March meeting and the bycatch limits may be reconsidered at that time and adjusted inseason. The non-trawl limited entry fisheries will be constrained by RCAs coastwide that are intended to reduce the catch of canary rockfish. Pink shrimp trawl vessels fishing in waters off the states of Washington, Oregon and California will continue to be required by the states to have and use fin fish excluder devices that are intended to reduce the catch of overfished species including canary rockfish.

Recreational fisheries are managed through bag limits, size limits and seasons. Seasons are shorter than they were in the past in order to reduce catch of canary rockfish. As necessary, seasons can be shortened more and bag limits reduced to stay within the OYs. The retention of canary rockfish is prohibited in the recreational fisheries.

Cowcod

Date declared overfished: January 4, 2000.

Areas affected: Point Conception (34°27′ N. lat.) to the U.S. Mexico boundary.

Status of stock: In 2007 it was at 4.6 percent of unfished spawning biomass.

B0: 2,494 mt.

B MSY : 997 mt.

T MIN : 2060.

T F=0 : 2061.

T MAX : 2098.

Target (median) year to rebuild: 2072.

SPR target fishing intensity: 82.1 percent.

ABC: 13 mt in 2009 and 14 mt in 2010.

OY: 4 mt in 2009 and 2010.

Biology of the stock: Cowcod are found at depths of 11-200 fm (75-366 m). Cowcod range from central Oregon to central Baja California and Guadalupe Island. However, they are rare off Oregon and Northern California. It has long been argued that smaller cowcod are found at the shallow end of the depth range. Recent submersible work, however, indicates that cowcod size distribution may be more associated with sea floor structure than depth

t depths of 11-200 fm (75-366 m). Cowcod range from central Oregon to central Baja California and Guadalupe Island. However, they are rare off Oregon and Northern California. It has long been argued that smaller cowcod are found at the shallow end of the depth range. Recent submersible work, however, indicates that cowcod size distribution may be more associated with sea floor structure than depth. In Monterey Bay, juvenile cowcod recruit to fine sand and clay sediments at depths of 22-56 fm (40-100 m) during the months of March-September. Adults are found at depths of 50-280 fm (90-500 m) usually on high relief rocky bottom. Adult cowcod are believed to be less abundant in depths greater than 175 fm (323 m).

Management measures in 2009 and 2010: All directed cowcod fishing has been prohibited since 2001. Retention of cowcod will continue to be prohibited for all commercial and recreational fisheries. To prevent incidental cowcod harvest, two Cowcod Conservation Areas (CCAs) (the Eastern CCA and the Western CCA) in the Southern California Bight were delineated to encompass key cowcod habitat areas and known areas of high catches. The CCAs were codified into regulation on November 4, 2003 (68 FR 62374). Fishing for groundfish is prohibited within the CCAs, except that minor nearshore rockfish, California scorpionfish, cabezon, lingcod, and greenling may be taken from waters where the bottom depth is less than 20 fm (36.9 m).

Darkblotched Rockfish

Date declared overfished: January 11, 2001 (66 FR 2338).

Areas affected: Coastwide.

Status of the stock: In 2007 it was at 22.4 percent of its unfished spawning biomass level.

SB0: 30,640 mt.

SB MSY : 12,256 mt.

T MIN : 2015.

T F=0 : 2018.

T MAX : 2040.

ABC: 437 mt in 2009, 440 mt in 2010.

OY: 285 mt in 2009, 291 mt in 2010.

Target (median) year to rebuild: 2028.

SPR target fishing intensity: 62.1 percent for 2009 and 2010

R 2338).

Areas affected: Coastwide.

Status of the stock: In 2007 it was at 22.4 percent of its unfished spawning biomass level.

SB0: 30,640 mt.

SB MSY : 12,256 mt.

T MIN : 2015.

T F=0 : 2018.

T MAX : 2040.

ABC: 437 mt in 2009, 440 mt in 2010.

OY: 285 mt in 2009, 291 mt in 2010.

Target (median) year to rebuild: 2028.

SPR target fishing intensity: 62.1 percent for 2009 and 2010.

Biology of the stock: Darkblotched rockfish are most abundant on the outer continental shelf and slope, mainly north of Point Reyes (38° N. lat.). Most adult darkblotched rockfish are associated with hard substrates on the lower shelf and upper slope at depths between 77 and 200 fm (140 and 365 m). Darkblotched rockfish migrate to deeper waters with increasing size and age. Diurnal migration, rising off bottom at night, is also a likely behavior of darkblotched rockfish. Fish landed in California generally had smaller size at age than fish landed in the two northern states (Oregon and Washington). Size at age in the 2003 and 2004 survey data

Management measures in 2009 and 2010: Because of their deeper distribution, darkblotched rockfish are caught almost exclusively by commercial vessels. Most landings have been made by bottom trawl vessels targeting flatfish on the shelf, and rockfish and the DTS species on the slope. Even once the darkblotched rockfish population is rebuilt to B MSY , its population size will still be small relative to the larger complex of slope rockfish species. Since 2001, darkblotched rockfish have had species specific ABCs and OYs, and were removed from the minor slope rockfish complex. In continued recognition of its status as a minor, but increasingly healthy, stock within a larger stock complex, darkblotched rockfish continues to be managed within the minor slope rockfish trip limits. Management measures intended to limit bycatch of darkblotched rockfish and maintain fishing mortality within the OY specified for 2004 include (1) RCAs and (2) cumulative trip limits

ish complex. In continued recognition of its status as a minor, but increasingly healthy, stock within a larger stock complex, darkblotched rockfish continues to be managed within the minor slope rockfish trip limits. Management measures intended to limit bycatch of darkblotched rockfish and maintain fishing mortality within the OY specified for 2004 include (1) RCAs and (2) cumulative trip limits.

The boundaries of the RCAs vary by season and fishing sector and may be modified in response to new information about geographical and seasonal distribution of bycatch. The seaward boundary of the trawl RCA was set at a depth that was likely to keep fishing effort in deeper waters and away from areas where the bycatch of darkblotched rockfish was highest. During the winter months, modifications to the line allow for the harvest of flatfish while minimizing the impacts on darkblotched rockfish.

Cumulative limits for slope rockfish north of 40°10′ N. lat. are intended to accommodate incidental take of darkblotched rockfish. These slope rockfish limits are intended to allow vessels to retain slope rockfish taken as bycatch in the DTS (Dover sole, thornyhead, sablefish) fishery. Cumulative limits for splitnose rockfish, a co-occurring species between 40°10′ N. lat. and 38° N. lat., are constrained to reduce the catch of darkblotched rockfish. As needed, trip limits for other co-occurring species are adjusted to reduce darkblotched rockfish bycatch.

Incidental catch of darkblotched rockfish during the primary season for whiting will be constrained by sector-specific bycatch limits that require closure of the commercial whiting fisheries when reached. For 2009 and 2010, the darkblotched rockfish bycatch limits for the commercial whiting fisheries are: 8.5 mt for the catcher/processor fishery; 6.0 mt for the mothership fishery; and 10.5 mt for the shoreside fishery

arkblotched rockfish during the primary season for whiting will be constrained by sector-specific bycatch limits that require closure of the commercial whiting fisheries when reached. For 2009 and 2010, the darkblotched rockfish bycatch limits for the commercial whiting fisheries are: 8.5 mt for the catcher/processor fishery; 6.0 mt for the mothership fishery; and 10.5 mt for the shoreside fishery. A final 2009 and 2010 whiting ABC and OY will be adopted at the Council's March meetings in those years, and the bycatch limits may be reconsidered at that time and adjusted inseason.

POP

Date declared overfished: March 3, 1999.

Areas affected: Vancouver and Columbia.

Status of stock: Following the 2007 stock assessment, the stock in 2007 was believed to be at 27.5 percent of unfished spawning biomass level.

SB0: 36,983 units of spawning output.

SB MSY : 14,793 units of spawning output.

T MIN : 2009.

T F=0 : 2010.

T MAX : 2042.

Target year to rebuild: 2017.

Median year to rebuild: 2011.

SPR target fishing intensity: 86.4 percent.

ABC: 1,160 mt in 2009 and 1,173 mt in 2010.

OY: 189 mt in 2009 and 200 mt 2010.

Biology of the stock: The POP population off the northern U.S. west coast (Columbia and U.S.-Vancouver areas) is at the southern extreme of the stock's range. POP are found on the upper continental slope (slope), 109-150 fm (200-275 m) during the summer and somewhat deeper, 164-246 fm (300-450 m), during the winter. Adults sometimes aggregate up to 16 fm (29 m) above hard bottom features and may then disperse and rise into the water column at night. The maximum age of POP has been determined to be 70 to 90 years. The mean generation time is 28 years. POP recruitment into the spawning population occurs at 3 years of age. Age of maturity and size varies with locality. POP reach 90 percent of their maximum size by age 20 years.

Management measures for 2009 and 2010: POP tend to occur in similar depths as darkblotched rockfish, although they have a more northern geographic distribution

to be 70 to 90 years. The mean generation time is 28 years. POP recruitment into the spawning population occurs at 3 years of age. Age of maturity and size varies with locality. POP reach 90 percent of their maximum size by age 20 years.

Management measures for 2009 and 2010: POP tend to occur in similar depths as darkblotched rockfish, although they have a more northern geographic distribution. Adult POP are often caught with other upper slope groundfish such as Dover sole, thornyheads, sablefish, and darkblotched, rougheye, and sharpchin rockfish. North of 40°10′ N. lat., POP are caught in similar fisheries as darkblotched rockfish. POP are rarely caught in the recreational fisheries. Management measures for 2009 and 2010 that are intended to limit the bycatch of POP and keep fishing mortality within the OY include (1) RCAs to restrict fishing in areas where POP are found and (2) cumulative trip limits.

Because POP co-occur with darkblotched rockfish, measures to reduce the incidental catch of darkblotched rockfish benefit POP. These measures include seaward trawl RCA boundaries that are established to keep fishing effort in deeper water where POP are less abundant, and cumulative limits for POP and minor slope rockfish that are intended to discourage targeting while allowing low levels of incidental catch to be landed. As needed, trip limits for other co-occurring species may be adjusted to reduce POP bycatch.

Widow Rockfish

Date declared overfished: January 11, 2001.

Areas affected: Coastwide.

Status of stock : In 2007 it was at 35.5 percent of its unfished spawning biomass.

B0: 50,746 million eggs.

B MSY : 20,298 million eggs.

T MIN : 2009.

T F=0 : 2009.

T MAX : 2023.

Target year to rebuild: 2015.

Median year to rebuild: 2009.

SPR target fishing intensity: 95.0 percent.

ABC: 7,728 mt in 2009, 6,937 mt in 2010.

OY: 522 in 2009 and 509 in 2010

s affected: Coastwide.

Status of stock : In 2007 it was at 35.5 percent of its unfished spawning biomass.

B0: 50,746 million eggs.

B MSY : 20,298 million eggs.

T MIN : 2009.

T F=0 : 2009.

T MAX : 2023.

Target year to rebuild: 2015.

Median year to rebuild: 2009.

SPR target fishing intensity: 95.0 percent.

ABC: 7,728 mt in 2009, 6,937 mt in 2010.

OY: 522 in 2009 and 509 in 2010.

Biology of the stock: Widow rockfish are most abundant off northern Oregon and southern Washington and are one of the most abundant West Coast rockfish. Young of the year recruit to shallow nearshore waters after spending up to 5 months as pelagic larvae and juveniles in offshore waters. Adults range from bottom depths of 13 fm to 300 fm (24 m to 549 m). Most adults occur near the shelf break at bottom depths between 77 fm to 115 fm (140 m to 210 m). Adults are semi pelagic with their behavior being dynamic. Large concentrations of widow rockfish form at night and disperse at dawn, an atypical pattern for rockfish. Widow rockfish tend to be more easily caught in higher abundance during El Niño (anomalously warm and dry) years. Maximum age of widow rockfish is 59 years.

Management measures in 2009 and 2010: Historically, widow rockfish were caught with yellowtail rockfish in waters off Washington. In the California and Oregon fisheries large pure catches of widow rockfish were taken from midwater schools. Current commercial limits for widow rockfish are intended to accommodate incidental catch and do not provide an incentive for directed fishing. Therefore, the midwater trawl fisheries for yellowtail rockfish, a co-occurring species with widow rockfish,

d to accommodate incidental catch and do not provide an incentive for directed fishing. Therefore, the midwater trawl fisheries for yellowtail rockfish, a co-occurring species with widow rockfish,

Incidental catch of widow rockfish during the primary season for whiting, will continue to be constrained by sector-specific bycatch limits that require closure of the commercial fisheries when reached. For 2009 and 2010 the widow rockfish bycatch limits are: 153 mt for the catcher/processor sector; 108 mt for the mothership sector; and 189 mt for the shore-based sector. Final 2009 and 2010 Whiting ABCs and OYs will be adopted at the Council's March meeting and the bycatch limits may be reconsidered at that time and adjusted inseason.

Yelloweye Rockfish

Date declared overfished: January 11, 2002.

Areas affected: Coastwide.

Status of stock: In 2007 it was believed to be at 14.5 percent of its unfished spawning biomass.

B0: 3,062 mt.

B MSY : 1,225 mt.

T MIN : 2046.

T F=0 : 2049.

T MAX : 2090.

Target (median) year to rebuild: 2084.

SPR target fishing intensity: 66.3 percent in 2009 and 2010, 71.9 for 2011 and beyond.

ABC: 31 mt in 2009, 32 mt in 2010.

OY: 17 in each of 2009 and 2010.

Biology of the stock: Yelloweye rockfish juveniles have been found at depths greater than 8 fm (15 m) in areas of high bottom relief. Adults range to depths of 300 fm (549 m). Most adults are caught off the middle and lower shelf at depths between 50 fm and 98 fm (91 m and 180 m). Adult yelloweye rockfish tend to be solitary and are usually associated with areas of high relief with refuges such as caves and crevices, but also occur on mud adjacent to rock structures. They are usually found on or near the bottom. Maximum age of yelloweye rockfish is 115 years. Researchers have observed adult yelloweye rockfish associated with bocaccio, cowcod, greenspotted, and tiger rockfish.

Management measures in 2009 and 2010: Yelloweye rockfish inhabit areas typically inaccessible to trawl gear

uch as caves and crevices, but also occur on mud adjacent to rock structures. They are usually found on or near the bottom. Maximum age of yelloweye rockfish is 115 years. Researchers have observed adult yelloweye rockfish associated with bocaccio, cowcod, greenspotted, and tiger rockfish.

Management measures in 2009 and 2010: Yelloweye rockfish inhabit areas typically inaccessible to trawl gear. In the coastal trawl fishery, incidental catch occurs during the harvest of other target fisheries operating at the fringes of yelloweye rockfish habitat. Yelloweye rockfish is particularly vulnerable to hook and line gear. Currently, only incidental harvest of yelloweye rockfish is allowed in tribal and non tribal hook and line fisheries, and in recreational fisheries.

Under the Council's recommended alternative a 20 fm depth restriction between 40°10′ N. lat. and 42°50.00′ N. lat. (Cape Blanco) would be required for the open access nearshore fishery. Limited entry fixed gear fisheries would have a seaward RCA boundary of 100 fm north of 46°53.30′ N. lat. (Point Chehalis) and a 125 fm seaward RCA boundary between Cape Blanco and 45°03.83 N. lat. (Cascade Head). However, a 100-fm seaward RCA boundary line would be in place for all non-trawl fixed gear fisheries on days when the commercial halibut fishery is open. Yelloweye Rockfish Conservation Areas (YRCAs) will continue to be used to reduce yelloweye rockfish catch in the commercial fixed gear, open access, and recreational fisheries. Six new YRCAs are proposed, five of which are applicable to both commercial non-trawl sectors and the recreational fishery off California, and may be implemented through inseason action if additional management measures are necessary to keep impacts on yelloweye rockfish below their rebuilding OY. The other new YRCA applies to the recreational fishery off Washington, and is designated as an area to be avoided by commercial fishers. YRCAs off the Coasts of Washington, Oregon, and California are defined at § 660.390

ery off California, and may be implemented through inseason action if additional management measures are necessary to keep impacts on yelloweye rockfish below their rebuilding OY. The other new YRCA applies to the recreational fishery off Washington, and is designated as an area to be avoided by commercial fishers. YRCAs off the Coasts of Washington, Oregon, and California are defined at § 660.390. Restrictions for all of the status quo YRCAs are unchanged via this action.

Overfishing

The Magnuson-Stevens Act defines “overfishing” as “a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.” Under the FMP, ABCs for all species are set at the F MSY level, the level that, for a particular year, is intended to produce maximum sustainable yield for that species on a continuing basis. None of the 2009 or 2010 ABCs would be set higher than F MSY or its proxy, none of the OYs would set higher than the corresponding ABCs, and the management measures in this proposed rule are designed to keep harvest levels within specified OYs.

When evaluating whether overfishing has occurred for any species under the FMP, NMFS compares that species' estimated total catch (landed catch + discard) in a particular year to its ABC for that year. Overfishing is difficult to detect inseason for many groundfish, particularly for minor rockfish species, because most species are not individually identified on landing. Species compositions, based on proportions encountered in samples of landings and extrapolated observer data, are applied during the year. However, final results are not available until after the end of the year.

wever, final results are not available until after the end of the year.

In the preamble to the proposed rule for the 2007-2008 groundfish specifications and management measures, NMFS discussed overfishing that had occurred in 2004. This proposed rule discusses overfishing estimated to have occurred in 2005 and 2006 and preliminary indicators of whether overfishing occurred on any species in 2007. When new data are available, NMFS updates estimates of whether overfishing has occurred as part of the agency's report to Congress on the Status of U.S. Fisheries ( http://www.nmfs.noaa.gov/sfa/statusoffisheries/SOSmain.htm ).

NMFS estimates that overfishing occurred on petrale sole during the 2005 fishing season, since the total catch of petrale sole exceeded its ABC of 2,762 mt by 4 mt (100.1 percent of the ABC). In 2005, the Dover sole OY of 7,476 mt was exceeded by 31 mt (100.4 percent of the OY), the cabezon OY of 69 mt was exceeded by 11 mt (116 percent of the OY), and the canary rockfish OY of 46.8 mt was exceeded by 1.9 mt (104 percent of the OY). Although the level of catch exceeded the OYs for Dover sole, cabezon and canary rockfish, overfishing did not occur because total catch was below the ABCs of 8,522 mt for Dover sole, 103 mt for Cabezon and 270 mt for canary rockfish. For all remaining groundfish species or species groups, NMFS estimates that total catch was below both ABCs and OYs in 2005.

NMFS estimates that no overfishing occurred during the 2006 fishing season, since no ABCs were exceeded. In 2006, the Dover sole OY of 7,564 mt was exceeded by 166 mt (102.2 percent of the OY), the canary rockfish OY of 47.1 mt was exceeded by 9.9 mt (121 percent of the OY), and the minor rockfish south OY for the nearshore species of 615 mt was exceeded by 96 mt (116 percent of the OY). Although, the level of catch exceeded the OY for these species, overfishing did not occur because total catch was below the ABCs of 8,589 mt for Dover sole, 270 mt for canary rockfish, or 3,412 mt for minor rockfish south

h OY of 47.1 mt was exceeded by 9.9 mt (121 percent of the OY), and the minor rockfish south OY for the nearshore species of 615 mt was exceeded by 96 mt (116 percent of the OY). Although, the level of catch exceeded the OY for these species, overfishing did not occur because total catch was below the ABCs of 8,589 mt for Dover sole, 270 mt for canary rockfish, or 3,412 mt for minor rockfish south. For all remaining groundfish species or species groups, NMFS estimates that total catch was below both ABCs and OYs. NMFS has taken action to prevent the fisheries from exceeding the ABCs and OYs for these species and does not expect that harvest exceedances in 2005 or 2006 will

Preliminary data from the 2007 fisheries show that no ABCs were exceeded in 2007. NMFS will not have complete observer data on the 2007 fisheries until late 2008, at which time NMFS will be better able to analyze total groundfish catch to determine whether overfishing occurred on any other species.

2009-2010 Fishery Management Measures

As discussed earlier in this document, groundfish fishery management measures for 2009-2010 are intended to rebuild overfished species as quickly as possible, taking into account the status and biology of the stocks and the needs of fishing communities. Within the constraints of protecting overfished species, the Council's management measure recommendations are intended to allow fishery participants as much access to healthy stocks as possible. In 2009 and beyond, fishing communities will have to forego much of the available harvestable surplus of healthy groundfish stocks that co-occur with overfished species so that overfished species may be rebuilt as quickly as possible. Management measures intended to address the rebuilding needs of specific overfished species are discussed earlier in this document, in the species-specific sections of “OY Policies and Rebuilding Parameters for Overfished Species”

of the available harvestable surplus of healthy groundfish stocks that co-occur with overfished species so that overfished species may be rebuilt as quickly as possible. Management measures intended to address the rebuilding needs of specific overfished species are discussed earlier in this document, in the species-specific sections of “OY Policies and Rebuilding Parameters for Overfished Species”.

The types of management measures in this proposed rule do not vary significantly from those used in recent years to reduce the incidental catch of overfished species while allowing some harvest of co-occurring healthy stocks. Management measures are intended to allow overfished species to rebuild by reducing their catch in times and areas where they most frequently occur, to minimize bycatch with gear and fishing area restrictions, and to distribute groundfish harvest throughout the year as much as possible to maintain groundfish fishing opportunities and markets. The fisheries management regime tends to be most constrained by protective measures for yelloweye and canary rockfish coastwide. Trawl fisheries are additionally constrained by measures to prevent bycatch of POP, darkblotched, and widow rockfish.

Groundfish management measures that will continue to be used in 2009-2010 include: Trip and bag limits, size limits, differential trip limits by gear type, season openings and closures, large-scale area closures such as the RCAs, gear restrictions, and bycatch limits. In addition to the fishery-specific management measures addressed below, the Council recommended revisions to RCA boundary lines needed to ensure that the lines better approximate the depth contours they are intended to represent and the lines that approximate each depth contour do not intersect or cross over each other. New RCA lines proposed via this action include a new 25-fm (46-m) boundary line approximation off the coast of southern Washington, between 47°31.70′ N. lat. (Queets River) and 46°38.17′ N. lat. (Leadbetter Point)

to ensure that the lines better approximate the depth contours they are intended to represent and the lines that approximate each depth contour do not intersect or cross over each other. New RCA lines proposed via this action include a new 25-fm (46-m) boundary

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