[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Rules and Regulations]
[Pages 61318-61326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25986]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140904754-5188-02]
RIN 0648-BF40
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and
Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures.
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SUMMARY: This final rule announces inseason changes to management
measures in the Pacific Coast groundfish fisheries. This action, which
is authorized by the Pacific Coast Groundfish Fishery Management Plan
(PCGFMP), is intended to prevent exceeding the 2015 Area 2A Pacific
halibut quota for incidental retention in the sablefish primary fishery
and the Area 2A Total Allowable Catch (TAC) and to prevent exceeding
the annual catch limit (ACL) for sablefish north 36[deg] N. lat.
DATES: This final rule is effective October 13, 2015.
FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: 206-526-4646,
fax: 206-526-6736, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet at the Office of the
Federal Register Web site at https://www.federalregister.gov.
Background information and documents are available at the Pacific
Fishery Management Council's Web site at http://www.pcouncil.org/.
Copies of the final environmental impact statement (FEIS) for the
Groundfish Specifications and Management Measures for 2015-2016 and
Biennial Periods Thereafter are available from Donald McIsaac,
Executive Director, Pacific Fishery Management Council (Council), 7700
NE Ambassador Place, Portland, OR 97220, phone: 503-820-2280.
Background
Closing Incidental Pacific Halibut Retention in the Sablefish Primary
Fishery
The International Pacific Halibut Commission (IPHC) sets the
Pacific halibut total allowable catch (TAC) on an annual basis. A
portion of the TAC is available to fisheries in Area 2A (waters off the
U.S. West Coast). The Council's Catch Sharing Plan (CSP) guides
allocation of the Area 2A portion of the TAC to the various commercial
and recreational fisheries in Area 2A. Specifically, it provides that
if the Area 2A TAC is greater than 900,000 lb, the portion of the
Washington sport allocation that is in excess of 214,110 lb is
available to the sablefish primary fishery north of Point Chehalis, WA.
The final Area 2A halibut TAC for 2015 was adopted by the IPHC at
their January 26 through January 30, 2015 meeting. Following this
meeting, NMFS published two final rules implementing the 2015 halibut
TAC and the CSP. The first rule implementing the TAC published on March
17, 2015 (80 FR 13771) and second rule implementing the CSP published
on April 1, 2015 (80 FR 17344). The final 2A TAC resulted in an
allocation to the limited entry fixed gear (LEFG) sablefish primary
fishery of 10,348 lb. The incidental fishery opened on April 1, 2015,
with a landing limit of 75 lb dressed weight of halibut per 1,000 lb
dressed weight of sablefish, and up to two additional Pacific halibut
in excess of this ratio. This ratio is implemented in LEFG sablefish
primary fishery regulations at Sec. 660.231(b)(3)(iv).
In late August 2015, the Washington Department of Fish and Wildlife
(WDFW) notified NMFS and IPHC that the incidental Pacific halibut quota
was projected to be attained and that a closure was likely before the
end of the scheduled season on October 31. Following this notification,
NMFS, IPHC, and WDFW met on August 25, 2015, reviewed the catch data,
and the IPHC closed incidental Pacific halibut retention in the LEFG
sablefish primary fishery at 12:01 a.m. on September 1, 2015. This
action was taken consistent with IPHC's inseason authority, as
described in section 5 of the annual IPHC regulations and in the CSP.
The Council was notified of the IPHC inseason action at its
September 11-16, 2015, meeting. To make clear that retention of
incidentally caught Pacific halibut in the LEFG sablefish primary
fishery north of Pt. Chehalis, WA, is closed, the Council recommended
and NMFS is implementing a modification to Sec. 660.231(b)(3)(iv).
Currently that regulation states the incidental retention ratio; the
modification would state that incidental retention is closed.
Closure of the Limited Entry Fixed Gear and Open Access Sablefish Daily
Trip Limit Fisheries North of 36[deg] N. Lat.
The best available fisheries information indicates that catch of
sablefish in the commercial non-trawl fisheries north of 36[deg] N.
lat. is higher than anticipated. The Council considered updated
projections and the status of ongoing groundfish fisheries at its
September 11-16, 2015, meeting. Fishery models, updated with the best
estimate reports from the Pacific Fishery Information Network through
August 31, 2015, project that sablefish landings through the end of the
year would exceed the sablefish allocations in both the LEFG and open
access (OA) daily trip limit (DTL) fisheries north of 36[deg] N. lat.
Projected landings in the LEFG DTL fishery north of 36[deg] N. lat.
vary based on assumptions on the price per pound. If no action is taken
and this higher than anticipated catch continues in the LEFG DTL
fishery, projected landings range from 126 percent of the allocation
(low price assumption) to 139 percent of the allocation (high price
assumption). Also, if no action is taken and higher than anticipated
catch continues in the OA fishery, projected landings are 126 percent
of the allocation.
Sablefish is managed, in part, with two-month cumulative limits.
Information regarding higher than anticipated catch of sablefish in
these fisheries came during the Period 5 two-month cumulative limit
period (September-October). It is very likely that most participating
vessels will have caught their Period 5 two-month limits by the time a
closure could be in effect. Therefore, the Council recommended a
closure beginning at the start of the next bi-monthly cumulative limit
period (Period 6, November-December), rather than during Period 5.
Closing these sablefish fisheries November 1 is projected to reduce the
overage of the allocations for both LEFG and OA DTL fisheries. Landings
in the LEFG DTL fishery would be reduced to 111 percent--116 percent of
the allocation and landings in the OA fishery reduced to 102 percent of
the allocation. The Period 6 closure reduces the risk of exceeding the
north 36[deg] N. lat. ACL due to the overages in the LEFG and OA DTL
allocations, and keeps total projected impacts across all fisheries
below the 2015 sablefish north 36[deg] N. lat. ACL (4,608 mt out of a
4,792 mt ACL)
NMFS agrees with the Council recommendation and rationale and is
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implementing a closure for sablefish in the LEFG and OA DTL fisheries
north of 36[deg] N. lat., beginning November 1, 2015. Starting November
1, it will be prohibited to take and retain, possess, or land sablefish
in the LEFG and OA DTL fisheries north 36[deg] N. lat.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best available information,
consistent with the PCGFMP and its implementing regulations and the
Halibut Act and its implementing regulations.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based are available
for public inspection at the Office of the Administrator, West Coast
Region, NMFS, during business hours.
NMFS finds good cause to waive prior public notice and comment on
the revisions to groundfish management measures under 5 U.S.C. 553(b)
because notice and comment would be impracticable and contrary to the
public interest. Also, for the same reasons, NMFS finds good cause to
waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3),
so that this final rule may become effective October 13, 2015.
At the September Council meeting, the Council recommended that
these changes be implemented as quickly as possible to make the
groundfish regulation consistent with the IPHC inseason action which
has already been taken and the sablefish closure based on information
available at the September Council meeting. There was not sufficient
time after that meeting to draft this document and undergo proposed and
final rulemaking before these actions need to be in effect. For the
actions to be implemented in this final rule, affording the time
necessary for prior notice and opportunity for public comment would
prevent NMFS from managing fisheries using the best available science
to approach, without exceeding, the halibut allocation to the sablefish
fishery and ACLs for federally managed species in accordance with the
PCGFMP and applicable law and the halibut allocations implemented under
the authority in the Halibut Act. These adjustments to management
measures must be implemented in a timely manner to prevent the Area 2A
portion of the 2015 halibut TAC and the 2015 sablefish north 36[deg] N.
lat. ACL from being exceeded. The elimination of Pacific halibut
retention in the LEFG sablefish primary fishery is intended to prevent
exceeding the Area 2A portion of the 2015 Pacific halibut TAC and the
allocation to the sablefish primary fishery. The closure of the
sablefish fishery for LEFG and OA DTL fisheries is intended to prevent
exceeding the 2015 sablefish ACL north 36[deg] N. lat. No aspect of
this action is controversial, and changes of this nature were
anticipated in the groundfish biennial harvest specifications and
management measures established for 2015-2016 and the 2015 Pacific
halibut final rules.
Accordingly, for the reasons stated above, NMFS finds good cause to
waive prior notice and comment and to waive the delay in effectiveness.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: October 7, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.231, paragraph (b)(3)(iv) is revised to read as
follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(iv) Incidental halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N. lat.). No halibut retention is allowed during the
sablefish primary fishery.
* * * * *
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3. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to
read as follows:
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4. Table 3 (North) and 3 (South) to part 660, subpart F, are revised to
read as follows:
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[FR Doc. 2015-25986 Filed 10-7-15; 4:15 pm]
BILLING CODE 3510-22-P