[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17094-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06908]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140904754-5188-02]
RIN 0648-BF92
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Biennial Specifications and Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 17095]]
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures.
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SUMMARY: This final rule announces an inseason change to management
measures in the Pacific Coast groundfish fishery. This action, which is
authorized by the Pacific Coast Groundfish Fishery Management Plan
(PCFMP) and the Northern Pacific Halibut Act, implements changes to the
incidental retention allowance for halibut in the limited entry fixed
gear sablefish primary fishery.
DATES: Effective 1200 hours (local time) March 25, 2016.
FOR FURTHER INFORMATION CONTACT: Sarah Williams (West Coast Region,
NMFS), phone: 206-526-4646, [email protected]
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the Internet at the Office of the
Federal Register Web site at http://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/.
Background
The PCGFMP and its implementing regulations at title 50 in the Code
of Federal Regulations (CFR), part 660, subparts C through G, regulate
fishing for over 90 species of groundfish off the coasts of Washington,
Oregon, and California. Groundfish specifications and management
measures are developed by the Pacific Fishery Management Council
(Council), and are implemented by NMFS.
The International Pacific Halibut Commission (IPHC) establishes
total allowable catch (TAC) amounts for Pacific halibut each year in
January. Under the authority of the Northern Pacific Halibut Act, and
implementing regulations at 50 CFR 300.63, a Catch Sharing Plan for
IPHC Area 2A (waters off the U.S. West Coast), developed by the Council
and implemented by the Secretary, allocates portions of the annual TAC
among fisheries off Washington, Oregon, and California.
Pacific halibut is generally a prohibited species for vessels
fishing in Pacific coast groundfish fisheries, unless explicitly
allowed in groundfish regulations and authorized by the Pacific halibut
Catch Sharing Plan.
In years where the Pacific halibut TAC is above 900,000 lb (408.2
mt), the Catch Sharing Plan allows the limited entry fixed gear
sablefish primary fishery an incidental total catch allowance for
Pacific halibut north of Pt. Chehalis, WA (46[deg]53.30' N. lat.). The
2016 Pacific halibut Area 2A TAC is 1,140,000 lb (517.1 mt). Consistent
with the provisions of the Catch Sharing Plan, the limited entry fixed
gear sablefish primary fishery is allowed an incidental total catch
limit of 49,686 lb (22.54 mt) for 2016.
At its March 2016 meeting, the Council considered the new 2016
total allowable catch (TAC) for Pacific halibut in Area 2A (waters off
the U.S. West coast), and the total catch of Pacific halibut in the
limited entry fixed gear sablefish primary fishery in recent years.
Because the 2016 allocation of halibut to the sablefish primary fishery
is similar to landings in 2007 and 2008, the Council recommended a
landing restriction similar to the one approved in those years of 110
lbs of halibut for every 1,000 lbs of sablefish and up to two
additional halibut in excess of the ratio. NMFS notes that, given the
increased allocation in 2016, liberalizing the incidental catch
restrictions is anticipated to allow total catch of Pacific halibut to
approach, but not exceed, the 2016 allocation for the sablefish primary
fishery.
In order to allow incidental halibut catch in the sablefish primary
fishery to begin on April 1, the Council recommended and NMFS is
implementing incidental halibut retention regulations at 50 CFR
660.231(b)(3)(iv) to allow the catch ratio of ``110 lb (50 kg) dressed
weight of halibut for every 1,000 pounds (454 kg) dressed weight of
sablefish landed and up to 2 additional halibut in excess of the 110-
pounds-per-1,000-pound ratio per landing'' to be in effect ``From April
1 through October 31.''
The retention limits for halibut were not revised as part of the
2015-2016 harvest specifications and management measures because the
Pacific halibut TAC is developed each year based on the most current
scientific information, and the TAC for 2016 was not determined until
the IPHC meeting in January, 2016.
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. The
adjustment to the halibut incidental catch restrictions in the limited
entry fixed gear sablefish primary fishery is taken under the authority
of the Magnuson Stevens Act, based on actions taken under the Northern
Pacific Halibut Act and implementing regulations, and is consistent
with the approved Catch Sharing Plan.
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.
For the following reasons, NMFS finds good cause to waive prior
public notice and comment on the revisions to groundfish management
measures under 5 U.S.C. 553(b) 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 March 25, 2016.
As described above, this inseason action is based on information
that became available very recently. The changes to the incidental
halibut retention in the sablefish primary fishery north of Pt.
Chehalis, WA (46[deg]53.30' N. lat.), and the subsequent proposed
management measure changes are based in part on decisions made by the
IPHC at its January 2016 meeting. At that meeting, the IPHC determined
the 2016 halibut TAC based on the most current scientific information
regarding the status of the halibut stock. Based on this action, the
Council made its final recommendations at its March 9-14, 2016 meeting.
The Council considered the public comments on this matter and
recommended that these changes be implemented by April 1, 2016. There
was not sufficient time after that meeting to complete notice and
comment rulemaking before these changes 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, allocations in accordance with the
PCGFMP, the Northern Pacific Halibut Act, and other applicable laws.
The adjustments to management measures in this document affect
commercial fisheries off Washington State. These adjustments to
management measures must be implemented in a timely manner, by April 1,
2016 or as quickly as possible thereafter, to allow incidental catch of
halibut in the sablefish primary fishery, reducing regulatory discards,
while keeping total catch below the 2016 halibut Area 2A allocation.
[[Page 17096]]
No aspect of this action is controversial, and changes of this
nature were anticipated in the biennial harvest specifications and
management measures established for 2015-2016.
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: March 23, 3016.
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, revise paragraph (b)(3)(iv) 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.). From April 1 through October 31, vessels
authorized to participate in the sablefish primary fishery, licensed by
the International Pacific Halibut Commission for commercial fishing in
Area 2A (waters off Washington, Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N. lat.) may
possess and land up to the following cumulative limits: 110 lb (50 kg)
dressed weight of halibut for every 1,000 pounds (454 kg) dressed
weight of sablefish landed and up to 2 additional halibut in excess of
the 110-pounds-per-1,000-pound ratio per landing. ``Dressed'' halibut
in this area means halibut landed eviscerated with their heads on.
Halibut taken and retained in the sablefish primary fishery north of
Pt. Chehalis may only be landed north of Pt. Chehalis and may not be
possessed or landed south of Pt. Chehalis
* * * * *
[FR Doc. 2016-06908 Filed 3-25-16; 8:45 am]
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