[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9634-9670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02268]
[[Page 9633]]
Vol. 82
Tuesday,
No. 24
February 7, 2017
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 660
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and
Management Measures; Amendment 27; Final Rule
Federal Register / Vol. 82 , No. 24 / Tuesday, February 7, 2017 /
Rules and Regulations
[[Page 9634]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-7010-02]
RIN 0648-BG17
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and
Management Measures; Amendment 27
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule establishes the 2017-2018 harvest
specifications and management measures for groundfish taken in the U.S.
exclusive economic zone off the coasts of Washington, Oregon, and
California, consistent with the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) and the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP), including harvest specifications consistent
with default harvest control rules in the PCGFMP. This action also
includes regulations to implement Amendment 27 to the PCGFMP, which
adds deacon rockfish to the PCGFMP, reclassifies big skate as an
actively managed stock, adds a new inseason management process for
commercial and recreational groundfish fisheries in California, and
makes several clarifications to existing regulations.
DATES: This final rule is effective February 7, 2017.
ADDRESSES: Information relevant to this final rule and Amendment 27,
which includes an Environmental Assessment (EA), the Finding of No
Significant Impact (FONSI), a regulatory impact review (RIR), final
regulatory flexibility analysis (FRFA), and amended PCGFMP, are
available from Barry A. Thom, Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070.
Electronic copies of this final rule are also available at the NMFS
West Coast Region Web site: http://www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147,
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 http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the
NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at
the Pacific Fishery Management Council's Web site at http://www.pcouncil.org.
Executive Summary
Purpose of the Regulatory Action
This final rule implements the 2017-2018 harvest specifications and
management measures for groundfish species taken in the U.S. exclusive
economic zone off the coasts of Washington, Oregon, and California, the
harvest specifications consistent with default harvest control rules,
and Amendment 27 to the PCGFMP. The purpose of this action is to
conserve and manage Pacific Coast groundfish fishery resources to
prevent overfishing, to rebuild overfished stocks, to ensure
conservation, to facilitate long-term protection of essential fish
habitats (EFH), and to realize the full potential of the Nation's
fishery resources. This action includes harvest specifications for
2017-2018 consistent with existing or revised default harvest control
rules for all stocks, and establishes management measures designed to
keep catch within the appropriate limits. The harvest specifications
are set consistent with the optimum yield (OY) harvest management
framework described in Chapter 4 of the PCGFMP. This final rule also
implements Amendment 27 to the PCGFMP. Amendment 27 adds deacon
rockfish to the PCGFMP, reclassifies big skate as ``in the fishery,''
adds a new inseason management process for California fisheries, and
makes several clarifications. This rule is authorized by 16 U.S.C. 1854
and 1855 and by the PCGFMP.
Major Provisions
This final rule contains two types of major provisions. The first
are the harvest specifications (overfishing limits (OFLs), acceptable
biological catches (ABCs), and annual catch limits (ACLs)), and the
second are management measures designed to keep fishing mortality
within the ACLs. The harvest specifications (OFLs, ABCs, and ACLs) in
this rule have been developed through a rigorous scientific review and
decision making process, which is described in detail in the proposed
rule for this action (81 FR 75266, October 28, 2016) and is not
repeated here.
This final rule includes ACLs for the five overfished species
managed under the PCGFMP. For the 2017-2018 biennium darkblotched
rockfish and Pacific ocean perch (POP) have rebuilding plan changes to
their harvest control rules, while maintaining the current target year
for rebuilding (TTARGET). The remaining overfished species
are making adequate progress towards rebuilding. Therefore, this rule
establishes harvest specifications consistent with the existing
rebuilding plan provisions for those species.
This rule also implements Amendment 27 to the PCGFMP. Amendment 27
consists of five components that: (1) Reclassify big skate from an
ecosystem component species to ``in the fishery,'' (2) add deacon
rockfish to the list of species in the PCGFMP, (3) establish a new
inseason management process in California for black, canary, and
yelloweye rockfishes, (4) make updates to clarify several stock
assessment descriptions, and (5) update several sections of the PCGFMP
because canary rockfish and petrale sole are rebuilt. The Notice of
Availability (NOA) for Amendment 27 to the PCGFMP (Amendment 27)
published on September 30, 2016 (81 FR 67287) and the public comment
period closed on November 29, 2016. Public comments received on the
Amendment 27 are discussed below in ``Comments and Reponses.''
In addition to the annual specifications, this final rule
implements the same management measures that were described in the
proposed rule, with a few modifications that are discussed below in
``Changes from the Proposed Rule.'' This final rule also corrects a
computational error to the sablefish ACLs and revises sablefish trip
limits, per the Council's recommendations made at its November 2016
meeting (See ``Comments and Responses'' and ``Changes From the Proposed
Rule,'' below).
Comments and Responses
During the comment period of the proposed rule and NOA for
Amendment 27, NMFS received one comment letter from the public in
support of the proposed regulation changes to preserve fish populations
and better regulate the fisheries in Washington, Oregon, and
California. NMFS also received a letter from Department of the Interior
stating they had reviewed the proposed rule and had no comments to
offer. NMFS addresses other comments below.
Comment 1: A participant in the fishing industry made a general
request
[[Page 9635]]
for less restrictive management such that more fishing jobs would be
available.
Response: Harvest specifications and management measures for
Pacific Coast groundfish continue to be centered around allowing
harvest of available target species such as sablefish, flatfish,
Pacific whiting, etc., and keeping harvest of co-occurring overfished
rockfish within their rebuilding plan ACLs. Every two years, through
the biennial harvest specifications and management measures that this
final rule implements, and in other ongoing rulemaking activities, the
Council and NMFS work with industry and the public to develop and make
incremental improvements to the management regime, including regulatory
opportunities to increase efficiency and revenue. We note that some of
the primary factors that drive revenue and jobs in the fishing industry
include markets and price per pound, neither of which is within the
direct control of the Council and NMFS. The harvest specifications and
management measures implement regulations based on the best available
scientific information and were developed through a public,
collaborative Council process that incorporated feedback from affected
industry and fishing communities.
Comment 2: The Council submitted a letter to NMFS on November 23,
2016, regarding the proposed sablefish ACLs for 2017-2018. In early
November, stock assessment authors discovered an error in the
calculation of the Council-recommended sablefish ACLs for 2017 and 2018
and notified Council and NMFS staff. At its November 13-21, 2016,
meeting, under the inseason agenda item, the Council considered
corrected ACLs and management measures and heard public testimony from
industry in support of correcting the proposed ACLs and the resulting
allocations. The Council recommended that these corrections be made by
NMFS as quickly as possible.
Response: NMFS agrees that it is appropriate to correct the 2017-
2018 sablefish ACLs and resulting allocations in this final rule. The
FMP specifies long-term, formal sector allocations for north and south
of 36[deg] N. lat.; however the 2015 update stock assessment failed to
correctly apportion the stock according to the 36[deg] N. lat. Split,
and instead used 34[deg] 27' N. lat. Consequently, the ACL amounts
apportioned north and south in the proposed rule were incorrect and
inconsistent with the FMP and past practice.
Corrected ACLs are included in Tables 1a and 2a, Subpart C. The
Council's sablefish allocation framework and policies described in the
proposed rule were applied to the updated ACLs, resulting in corrected
allocations, as described below in ``Changes From the Proposed Rule.''
Comment 3: In its November 23, 2016, letter, the Council also
recommended adjustments to 2017-2018 routine management measures
relative to limited entry fixed gear and open access sablefish trip
limits. The adjustments to trip limits are based on the corrected
sablefish ACLs and subsequent allocations, and also take into account
the most recent fishery information. The Council recommended that these
adjustments to trip limits be implemented on January 1, 2017, or as
soon as possible thereafter.
Reponse: The Council's recommended trip limits are based on the
best available information, and on the corrected sablefish ACLs and
subsequent allocations. NMFS agrees that these trip limits should be
implemented congruently with the corrected harvest specifications and
allocations. However, lower trip limits, as recommended by the Council
at its November 2016 meeting, may only be implemented at the beginning
of Period 1 (January-February). This is because, once fishing in Period
1 has begun under higher trip limits, it is not enforceable to lower
those trip limits until the start of the next cumulative limit period,
or Period 2 (March-April). Therefore, for limited entry fixed gear
north of 36[deg] N. lat., NMFS is implementing the Council-recommended
trip limits beginning on March 1, 2017 (at the start of Period 2). The
Council has an opportunity, if necessary, to recommend further
refinements to sablefish trip limits under routine inseason action at
each Council meeting starting in March 2017. Revised trip limits for
sablefish, as recommended by the Council at its November 2016 meeting,
can be found in Tables 2 (North) and 2 (South), Supbart E, and Tables 3
(North) and 3 (South), Subpart F.
Changes From the Proposed Rule
Sablefish ACLs and Management Measures
As described above in Comments and Responses, sablefish ACLs were
based on an incorrect north/south apportionment, resulting in incorrect
proposed ACLs. For the reasons described above, the 2017-2018 sablefish
ACLs and management measures for the areas north and south of 36[deg]
N. lat. are revised in this final rule to be consistent with the FMP
and related analyses, including past EIS and RIR documents.
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Regulatory citation/paragraph Description of the change
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Sec. 660.50(f)(2)(ii)........... Corrected the 2017 and 2018
sablefish allocations for tribal
fisheries.
Tables 1a, 1b, 2a, and 2b to Corrected the 2017 and 2018
Supbart C. sablefish ACLs, allocations, and
harvest guidelines described there,
including footnotes.
Tables 1c and 2c to Subpart C..... Corrected 2017 and 2018 sablefish
ACLs and allocations based on the
long-term formal allocation
structure described in the FMP for
the area north of 36[deg] N. lat.
Sec. 660.140(d)(1)(ii)(D)....... Corrected the 2017 and 2018
shorebased trawl allocations for
sablefish north and south of
36[deg] N. lat.
Sec. 660.231(b)(3)(i)........... Corrected the 2017 and 2018
sablefish tier limits for the
sablefish primary fishery.
Tables 2 (North) and 2 (South) to Revises sablefish trip limits
Supbart E and Tables 3 (North) consistent with corrected harvest
and 3 (South) to Subpart F. targets.
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Trip Limit Reductions for Minor Nearshore Rockfish
The proposed rule included a reduction in trip limits for 2017-2018
for the Minor Nearshore Rockfish complex and black rockfish between
42[deg] N. lat. and 40[deg]10' N. lat. for both limited entry fixed
gear and open access fisheries. This reduced trip limit is to keep
harvest of Minor Nearshore Rockfish and co-occurring species within
their harvest targets and ACLs. In the October 23, 2016, proposed rule,
consistent with the Council's recommendation, NMFS proposed to reduce
the trip limit for this complex in both the limited entry fixed gear
and open access fisheries from ``8,500 lb per 2 months, no more than
1,200 lb of which may be species other than black rockfish'' (the trip
limit currently in
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regulation, and that would remain in regulation if no action was taken
to superceed it) to ``7,000 lb per 2 months, no more than 1,200 lb of
which may be species other than black rockfish.'' As described above in
``Comments and Responses,'' cumulative limits may only be lowered at
the beginning of the 2-month period. Therefore, this final rule
implements the proposed trip limit of 7,000 lb per 2 months beginning
March 1.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act (16
U.S.C. 1854(b)(1)(A)), the Administrator, West Coast Region, has
determined that this final rule and Amendment 27 to the PCGFMP are
necessary for the conservation and management of the Pacific Coast
Groundfish Fishery and consistent with the Pacific Coast Groundfish
Fishery Management Plan, other provisions of the Magnuson-Stevens Act,
and other applicable law.
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 upon publication in the Federal Register. Because this final
rule increases the catch limits for several species for 2017, leaving
2016 harvest specifications in place could unnecessarily delay fishing
opportunities until later in the year, potentially reducing the total
catch for these species in 2017. Thus, a delay in effectiveness could
ultimately cause economic harm to the fishing industry and associated
fishing communities or result in harvest levels inconsistent with the
best available scientific information. For example, due to the rebuilt
status of canary rockfish, the Council recommended a modest trip limit
to allow retention of this species for the first time in many years.
This measure provides for a year round opportunity to turn regulatory
discards into retained catch, while maintaining a precautionary trip
limit to keep targeting effort on canary rockfish low. Because of the
potential harm to fishing communities that could be caused by delaying
the effectiveness of this final rule, NMFS finds there is good cause to
waive the 30-day delay in effectiveness.
In addition, pursuant to 5 U.S.C. 553(b)(B), there is good cause to
waive prior notice and an opportunity for public comment on the
corrections contained in this action, as notice and comment would be
impracticable, unnecessary, or contrary to the public interest. At its
November meeting, the Council recommended corrections to 2017 and 2018
sablefish harvest specifications and resulting management measures be
implemented as quickly as possible. There was not sufficient time after
that meeting to allow for prior notice and opportunity for public
comment before implementing these corrections so that NMFS could manage
these fisheries using the best available science in accordance with the
FMP (Section 2.1) and applicable law (National Standard 2). The
corrected ACLs and resulting management measures are based on the best
available scientific information regarding the relative biomass of
sablefish north and south of 36[deg] N. lat. The corrections
implemented in this final rule are consistent with the impacts analyses
for the proposed action, because the coastwide harvestable surplus (the
sum of the northern and southern ACLs) is unchanged from the proposed
rule; only the area-specific apportionment was incorrect. Further,
correcting the sablefish ACLs is consistent with provisions in the FMP
(Section 5.5) to allow timely corrections to ACLs due to technical
errors, and also with the long-term formal allocation structure for
sablefish north of 36[deg] N. lat., which is predicated on an ACL
calculated based on the relative biomass for the area north of 36[deg]
N. lat. Delaying the corrected sablefish ACLs and resulting management
measures would keep regulations in place that are not based on the best
available scientific information. Such a delay would impair achievement
of the FMP goals and objectives of managing for appropriate harvest
levels while providing for year-round fishing and marketing
opportunities. Accordingly, for the reasons stated above, NMFS finds
good cause to waive prior notice and comment.
NMFS prepared an EA for this action and Amendment 27 that discusses
the impact on the environment as a result of some of the components of
this rule. The full suite of alternatives analyzed by the Council can
be found on the Council's Web site at www.pcouncil.org. This EA does
not contain all of the alternatives because an EIS was prepared for the
2015-2016 biennial harvest specifications and management measures.
Copies of the EA and the EIS are available from NMFS (see ADDRESSES).
This EIS examined the harvest specifications and management measures
for 2015-2016, and included ten year projections for routinely adjusted
harvest specifications and management measures. The ten year
projections were produced to evaluate the impacts of the ongoing
implementation of harvest specifications and management measures and to
evaluate the impacts of the routine adjustments that are the main
component of regulatory changes in each biennial cycle. Therefore, the
EA for the 2017-2018 cycle tiers from the 2015-2016 EIS, and focuses on
the harvest specifications and management measures where the impacts
were not within the scope of the ten year projections in the 2015-2016
EIS.
When an agency proposes regulations, the Regulatory Flexibility Act
(RFA) requires the agency to prepare and make available for public
comment an Initial Regulatory Flexibility Analysis (IRFA) document that
describes the impact on small businesses, non-profit enterprises, local
governments, and other small entities. The IRFA is to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities. After the public
comment period, the agency prepares a Final Regulatory Flexibility
Analysis (FRFA) that takes into consideration any new information and
public comments. This FRFA incorporates the IRFA and a summary of the
analyses completed to support the action.
The comment period on the proposed rule closed on November 28,
2016, and no comments were received on the IRFA or the economic impacts
of this action. An IRFA was prepared and summarized in the
Classification section of the preamble to the proposed rule. The
description of this action, its purpose, and its legal basis are
described in the preamble to the proposed rule and are not repeated
here. The FRFA describes the impacts on small entities, which are
defined in the IRFA for this action and not repeated here. Analytical
requirements for the FRFA are described in Regulatory Flexibility Act,
section 604(a)(1) through (5), and summarized below.
The FRFA must contain: (1) A succinct statement of the need for,
and objectives of, the rule; (2) A summary of the significant issues
raised by the public comments in response to the IRFA, a summary of the
assessment of the agency of such issues, and a statement of any changes
made in the proposed rule as a result of such comments; (3) A
description and an estimate of the number of small entities to which
the rule will apply, or an explanation of why no such estimate is
available; (4) A description of the projected reporting, recordkeeping
and other compliance requirements of the rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for
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preparation of the report or record; and (5) A description of the steps
the agency has taken to minimize the significant economic impact on
small entities consistent with the stated objectives of applicable
statutes, including a statement of the factual, policy, and legal
reasons for selecting the alternative adopted in the final rule and why
each one of the other significant alternatives to the rule considered
by the agency which affect the impact on small entities was rejected.
This final rule will regulate businesses that participate in the
groundfish fishery. This rule directly affects limited entry fixed gear
permit holders, trawl quota share (QS) holders and Pacific whiting
catch history endorsed permit holders (which include shorebased Pacific
whiting processors), tribal vessels, charterboat vessels, and open
access vessels. QS holders are directly affected as their QS are
affected by the ACLs. Vessels that fish under the trawl rationalization
program receive their quota pounds from the QS holders, and thus are
indirectly affected. Similarly, mothership (MS) processors are
indirectly affected as they receive the fish they process from limited
entry permits that are endorsed with Pacific whiting catch history
assignments.
To determine the number of small entities potentially affected by
this rule, NMFS reviewed analyses of fish ticket data and limited entry
permit data, information on charterboat, tribal, and open access
fleets, available cost-earnings data developed by the Northwest
Fisheries Science Center, and responses associated with the permitting
process for the Trawl Rationalization Program where applicants were
asked if they considered themselves a small business based on SBA
definitions. This rule will regulate businesses that harvest
groundfish.
Charter Operations
There were 355 active commercial passenger fishing vessels
(charter) engaged in groundfish fishing in California in 2014. In 2014,
an estimated 189 charter boats targeted groundfish in Oregon and
Washington. All 544 of these vessels and associated small businesses
are likely to be impacted by changes in recreational harvest levels for
groundfish.
Commercial Vessels and Shorebased Buyers
With limited access to data for all the affiliated business
operations for vessels and buyers, particularly in the open access and
fixed gear fisheries, NMFS estimates the type of impacted vessels and
buyer entities based solely on West Coast ex-vessel revenue. This may
be an underestimate of the number of large-entities in the fishery, as
many vessels and buyers may be affiliated, and may have income from
non-West Coast sources (particularly Alaska).
Open access vessels are not federally permitted so counts based on
landings can provide an estimate of the affected vessels. The analysis
for the 2013-2014 Pacific Groundfish Harvest Specifications and
Management Measures Environmental Impact Statement contained the
following assessment, which is deemed as containing reasonable
estimates for this rule, as these fisheries have not changed
significantly in recent years. In 2011, 682 directed open access
vessels fished while 284 incidental open access vessels fished for a
total of 966 vessels. Over the 2005-2010 period, 1,583 different
directed open access vessels fished, and 837 different incidental open
access vessels fished, for a total of 2,420 different vessels. The four
tribal fleets sum to a total of 54 longline vessels, 5 Pacific whiting
trawlers, and 5 non-whiting trawlers, for an overall total of 64
vessels. Available information on average revenue per vessel suggests
that all the entities in these groups can be considered small.
It is expected that a total of 873 catcher vessels (CVs), 227
buyers, 9 Catcher/Processors (C/Ps) and 6 MS entities will be impacted
by this rule, for a total of 1,115, if commercial groundfish
participation in 2017-2018 follows similar patterns to those of the
last full year of available data (2015), and counting only those
vessels and buyers who had at least $1,000 worth of groundfish sales or
purchases in 2015.
Groundfish Ex-Vessel Revenues by Fishery
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West Coast total Average groundfish
N groundfish revenue revenue
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LE Trawl......................... C/P................ 9 $99,180,000 (2014 $11,020,000 (2014
wholesale). wholesale).
MS................. 5 $46,385,000 (2014 $9,277,000 (2014
wholesale). wholesale).
CV................. 83 $30,832,277 (2015 $371,473 (2015 ex-
ex-vessel). vessel).
MS/CV.............. 19 $17,300,000 (2014 $910,536.31 (2014
ex-vessel). ex-vessel).
Buyers............. 16 $137,600,000 (2014 $8,600,000 (2014
wholesale). wholesale).
LE Fixed Gear.................... Primary............ 89 $8,357,122 (2015 ex- $93,900 (2015 ex-
vessel). vessel).
DTL................ 152 $16,623,889 (2015 $109,368 (2015 ex-
ex-vessel). vessel).
Buyers............. 108 N/A................ N/A.
OA............................... CV................. 831 $7,281,894 (2015 ex- $8,763 (2015 ex-
vessel). vessel).
Buyers............. 307 N/A................ N/A.
Research......................... CV................. 4 $174,394 (2015 ex- $43,599 (2015 ex-
vessel). vessel).
Tribal........................... CV................. 198 $4,933,911 (2015 ex- $24,918 (2015 ex-
vessel). vessel).
Buyers............. 19 N/A................ N/A.
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Note: 2015 reported revenues obtained from the Pacific Fisheries Information Network (PacFIN); 2014 reported
revenues obtained from 2016 Economic Data Collection Reports.
During development of the 2017-2018 harvest specifications, a
mistake was made in apportioning the sablefish ACLs north and south of
36[deg] N. lat. While the coastwide values used for calculating
revenues in the IRFA were correctly calculated, the area-specific ACLs
in the proposed rule were incorrect. The proposed ACLs were based on a
north/south dividing line of 34'27[deg] N. lat. rather than the actual
north/south dividing line of 36[deg] N. lat. Correcting the percentages
for apportioning the ACLs, results in area-specific ACLs that best
represent the relative biomass for the areas in which those ACLs apply.
The corrected ACLs and allocations are consistent with the FMP and will
be corrected in this final rule, and thus is not expected to impact
small entities. Coastwide sablefish harvest levels, which were
correctly calculated in the proposed rule and analyzed under the IRFA,
are not revised.
[[Page 9638]]
Limited Entry Permit Owners
As part of the permitting process for the trawl rationalization
program or for participating in nontrawl limited entry permit
fisheries, applicants were asked if they considered themselves a small
business. NMFS reviewed the ownership and affiliation relationships of
QS permit holders, vessel account holders, catcher processor permits,
MS processors, and first receiver/shore processor permits. As of August
1, 2016, Dock Street Brokers has West Coast limited entry trawl
endorsed permits for sale for $60,000 for a 46.1' permit, and two 43'
West Coast longline permits for $135,000-$140,000. QS may be valued
anywhere from tens of thousands to millions of dollars, depending on
the species and amount owned, although not enough sales have occurred
yet to be able to confidently estimate their value.
Limited Entry Permit-Owner Entities by Small Business Self-Designation
----------------------------------------------------------------------------------------------------------------
Small business designation
Permit type -------------------------------- Total
Small Large
----------------------------------------------------------------------------------------------------------------
LE Trawl.............................. C/P..................... 0 10 10
MS...................... 4 2 6
CV...................... 142 21 163
FR...................... 36 8 44
QS...................... N/A N/A 173
LE Fixed Gear......................... Primary................. 159 3 162
DTL..................... 52 8 60
----------------------------------------------------------------------------------------------------------------
If permit ownership in 2017-2018 follows similar patterns to those
of the last full year available data (2015), it is expected that a
total of 312 permit owning entities will be impacted by this rule. An
estimated 222 of these entities own both permits and vessels, and 16 of
the first receiver permit holding companies actually received
groundfish, and are thus included in the table above.
Accounting for joint vessel and permit ownership in the limited
entry fisheries to the extent possible, an estimated 1,189 commercial
entities and 544 charter entities will be impacted by this rule; 16 of
these entities are considered large, and the remaining 1,717 are small.
As some of these entities are likely owned by the same parent
companies, this number is likely an overestimate of the true value.
There are no reporting and recordkeeping requirements associated
with this action. There are no significant alternatives to the final
rule that accomplish the stated objectives of applicable statutes and
that minimize any of the significant economic impact of this final rule
on small entities.
Considered But Rejected Measures
A summary of the three measures that were analyzed but were
excluded from the preferred alternative, and rationales for excluding
them from the preferred alternative, were described in the proposed
rule and are not repeated here.
Pursuant to Executive Order 13175, this final rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at
16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council
must be a representative of an Indian tribe with federally recognized
fishing rights from the area of the Council's jurisdiction. In
addition, regulations implementing the PCGFMP establish a procedure by
which the tribes, which have treaty fishing rights in the area covered
by the PCGFMP, request new allocations or regulations specific to the
tribes, in writing, before the first of the two meetings at which the
Council considers groundfish management measures. The regulations at 50
CFR 660.324(d) further state that the Secretary will develop tribal
allocations and regulations in consultation with the affected tribe(s)
and, insofar as possible, with tribal consensus. The tribal management
measures in this final rule have been developed following these
procedures. The tribal representative on the Council made a motion to
adopt the non-whiting tribal management measures, which was passed by
the Council. Those management measures, which were developed and
proposed by the tribes, were described in the proposed rule and are
included in this final rule.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 30, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, 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. 660.11 in the definition of ``Groundfish,'' paragraphs
(7)(i)(A) and (7)(i)(B)(2) are revised to read as follows:
Sec. 660.11 General definitions.
* * * * *
(7) * * *
(i) * * *
(A) North of 40[deg]10' N. lat.: Black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli; China rockfish, S. nebulosus;
copper rockfish, S. caurinus; deacon rockfish, S. diaconus, gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens; olive rockfish, S. serranoides; quillback rockfish, S.
maliger; treefish, S. serriceps.
(B) * * *
(2) Deeper nearshore rockfish consists of black rockfish, S.
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus;
calico rockfish, S. dalli; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus; olive rockfish, S. serranoides; quillback
rockfish, S. maliger; treefish, S. serriceps.
* * * * *
0
3. Section 660.40 is revised to read as follows:
Sec. 660.40 Overfished species rebuilding plans.
For each overfished groundfish stock with an approved rebuilding
plan, this section contains the standards to be used to establish
annual or biennial
[[Page 9639]]
ACLs, specifically the target date for rebuilding the stock to its MSY
level and the harvest control rule to be used to rebuild the stock. The
harvest control rule may be expressed as a ``Spawning Potential Ratio''
or ``SPR'' harvest rate.
(a) Bocaccio. Bocaccio south of 40[deg]10' N. latitude was declared
overfished in 1999. The target year for rebuilding the bocaccio stock
south of 40[deg]10' N. latitude to BMSY is 2022. The harvest
control rule to be used to rebuild the southern bocaccio stock is an
annual SPR harvest rate of 77.7 percent.
(b) Cowcod. Cowcod was declared overfished in 2000. The target year
for rebuilding the cowcod stock south of 40[deg]10' N. lat. to
BMSY is 2020. The harvest control rule to be used to rebuild
the cowcod stock is an annual SPR harvest rate of 82.7 percent.
(c) Darkblotched rockfish. Darkblotched rockfish was declared
overfished in 2000. The target year for rebuilding the darkblotched
rockfish stock to BMSY is 2025. The harvest control rule is
ACL = ABC (P* = 0.45).
(d) Pacific ocean perch (POP). POP was declared overfished in 1999.
The target year for rebuilding the POP stock to BMSY is
2051. The harvest control rule to be used to rebuild the POP stock in
2017 and 2018 is a constant catch ACL of 281 mt per year. In 2019 and
thereafter the harvest control rule to be used to rebuild POP is an
annual SPR harvest rate of 86.4 percent.
(e) Yelloweye rockfish. Yelloweye rockfish was declared overfished
in 2002. The target year for rebuilding the yelloweye rockfish stock to
BMSY is 2074. The harvest control rule to be used to rebuild
the yelloweye rockfish stock is an annual SPR harvest rate of 76.0
percent.
0
4. In Sec. 660.50, revise paragraphs (f)(2)(ii) and (f)(3), add
paragraph (f)(9), and revise paragraph (g) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(2) * * *
(ii) The Tribal allocation is 525 mt in 2017 and 548 mt in 2018 per
year. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg] N. lat.) ACL. The Tribal
allocation is reduced by 1.5 percent for estimated discard mortality.
(3) Lingcod. Lingcod taken in the treaty fisheries are subject to a
harvest guideline of 250 mt.
* * * * *
(9) Widow rockfish. Widow rockfish taken in the directed tribal
midwater trawl fisheries are subject to a catch limit of 200 mt for the
entire fleet, per year.
(g) Pacific Coast treaty Indian fisheries management measures. Trip
limits for certain species were recommended by the tribes and the
Council and are specified here.
(1) Rockfish. The tribes will require full retention of all
overfished rockfish species and all other marketable rockfish species
during treaty fisheries.
(2) Yelloweye rockfish--are subject to a 100-lb (45-kg) trip limit.
(3) Other rockfish--(i) Minor nearshore rockfish. Minor nearshore
rockfish are subject to a 300-lb (136-kg) trip limit per species or
species group, or to the non-tribal limited entry trip limit for those
species if those limits are less restrictive than 300 lb (136 kg) per
trip. Limited entry trip limits for waters off Washington are specified
in Table 1 (North) to subpart D, and Table 2 (North) to subpart E of
this part.
(ii) Minor shelf rockfish and minor slope rockfish. Redstripe
rockfish are subject to an 800 lb (363 kg) trip limit. Minor shelf
(excluding redstripe rockfish), and minor slope rockfish groups are
subject to a 300 lb (136 kg) trip limit per species or species group,
or to the non-tribal limited entry fixed gear trip limit for those
species if those limits are less restrictive than 300 lb (136 kg) per
trip. Limited entry fixed gear trip limits are specified in Table 2
(North) to subpart E of this part.
(iii) Other rockfish. All other rockfish, not listed specifically
in paragraph (g) of this section, are subject to a 300 lb (136 kg) trip
limit per species or species group, or to the non-tribal limited entry
trip limit for those species if those limits are less restrictive than
300 lb (136 kg) per trip. Limited entry trip limits for waters off
Washington are specified in Table 1 (North) to subpart D, and Table 2
(North) to subpart E of this part.
(4) Pacific whiting. Tribal whiting processed at-sea by non-tribal
vessels, must be transferred within the tribal U&A from a member of a
Pacific Coast treaty Indian tribe fishing under this section.
(5) Groundfish without a tribal allocation. Makah tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
(6) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12 of this subpart, do not
apply to tribal fisheries in their U&A fishing areas described at Sec.
660.4, subpart A.
(7) Small footrope trawl gear. Makah tribal members fishing in the
bottom trawl fishery may use only small footrope (less than or equal to
8 inches (20.3 cm)) bottom trawl gear.
0
5. In Sec. 660.55, revise paragraph (b) introductory text to read as
follows:
Sec. 660.55 Allocations.
* * * * *
(b) Fishery harvest guidelines and reductions made prior to fishery
allocations. Prior to the setting of fishery allocations, the TAC, ACL,
or ACT when specified, is reduced by the Pacific Coast treaty Indian
Tribal harvest (allocations, set-asides, and estimated harvest under
regulations at Sec. 660.50); projected scientific research catch of
all groundfish species, estimates of fishing mortality in non-
groundfish fisheries; and, as necessary, deductions to account for
unforeseen catch events and deductions for EFPs. Deductions are listed
in the footnotes of Tables 1a and 2a of subpart C of this part. The
remaining amount after these deductions is the fishery harvest
guideline or quota. (Note: recreational estimates are not deducted
here.)
* * * * *
0
6. In Sec. 660.60, paragraphs (c)(1)(i) and (c)(3)(ii) are revised and
paragraph (c)(4) is added to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(c) * * *
(1) * * *
(i) Trip landing and frequency limits, size limits, all gear. Trip
landing and frequency limits have been designated as routine for the
following species or species groups: Widow rockfish, canary rockfish,
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black
rockfish, blue/deacon rockfish, splitnose rockfish, blackgill rockfish
in the area south of 40[deg]10' N. lat., chilipepper, bocaccio, cowcod,
Minor Nearshore Rockfish or shallow and deeper Minor Nearshore
Rockfish, shelf or Minor Shelf Rockfish, and Minor Slope Rockfish;
Dover sole, sablefish, shortspine thornyheads, and longspine
thornyheads; petrale sole, rex sole, arrowtooth flounder, Pacific
sanddabs, big skate, and the Other Flatfish complex, which is composed
of those species plus any other flatfish species listed at Sec.
660.11; Pacific whiting; lingcod; Pacific cod; spiny dogfish; longnose
skate; cabezon in Oregon and California and ``Other Fish'' as defined
at Sec. 660.11. In addition to the species and species groups listed
above, sub-limits or aggregate limits may be specified, specific to the
Shorebased
[[Page 9640]]
IFQ Program, for the following species: Big skate, California skate,
California scorpionfish, leopard shark, soupfin shark, finescale
codling, Pacific rattail (grenadier), ratfish, kelp greenling,
shortbelly rockfish, and cabezon in Washington. Size limits have been
designated as routine for sablefish and lingcod. Trip landing and
frequency limits and size limits for species with those limits
designated as routine may be imposed or adjusted on a biennial or more
frequent basis for the purpose of keeping landings within the harvest
levels announced by NMFS, and for the other purposes given in
paragraphs (c)(1)(i)(A) and (B) of this section.
* * * * *
(3) * * *
(ii) Non-tribal deductions from the ACL. Changes to the non-tribal
amounts deducted from the TAC, ACLs, or ACT when specified, described
at Sec. 660.55(b)(2) through (4) and specified in the footnotes to
Tables 1a through 1c, and 2a through 2c, to subpart C, have been
designated as routine to make fish that would otherwise go unharvested
available to other fisheries during the fishing year. Adjustments may
be made to provide additional harvest opportunities in groundfish
fisheries when catch in scientific research activities, non-groundfish
fisheries, and EFPs are lower than the amounts that were initially
deducted off the TAC, ACL, or ACT when specified, during the biennial
specifications or to allocate yield from the deduction to account for
unforeseen catch events to groundfish fisheries. When recommending
adjustments to the non-tribal deductions, the Council shall consider
the allocation framework criteria outlined in the PCGFMP and the
objectives to maintain or extend fishing and marketing opportunities
taking into account the best available fishery information on sector
needs.
(4) Inseason action for canary rockfish, yelloweye rockfish, and
black rockfish in California State-Specific Federal Harvest Limits
outside of a Council meeting. The Regional Administrator, NMFS West
Coast Region, after consultation with the Chairman of the Pacific
Fishery Management Council and the Fishery Director of the California
Department of Fish and Wildlife, or their designees, is authorized to
modify the following designated routine management measures for canary
rockfish, yelloweye rockfish, and black rockfish off the coast of
California. For black rockfish in commercial fisheries trip landing and
frequency limits; and depth based management measures. For black,
canary, and yelloweye rockfish in recreational fisheries bag limits;
time/area closures; depth based management. Any modifications may be
made only after NMFS has determined that a California state-specific
federal harvest limit for canary rockfish, yelloweye rockfish, or black
rockfish, is attained or projected to be attained prior to the first
day of the next Council meeting. Any modifications may only be used to
restrict catch of canary rockfish, yelloweye rockfish, or black
rockfish off the coast of California.
* * * * *
0
7. In Sec. 660.70, paragraphs (g) through (p) are redesignated as (i)
through (r), and new paragraphs (g) and (h) are added to read as
follows:
Sec. 660.70 Groundfish conservation areas.
* * * * *
(g) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion
1. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA)
Expansion 1 is an area off central Oregon, near Stonewall Bank,
intended to protect yelloweye rockfish. The Stonewall Bank YRCA
Expansion 1 is defined by straight lines connecting the following
specific latitude and longitude coordinates in the order listed:
(1) 44[deg]41.76' N. lat.; 124[deg]30.02' W. long.;
(2) 44[deg]41.73' N. lat.; 124[deg]21.60' W. long.;
(3) 44[deg]25.25' N. lat.; 124[deg]16.94' W. long.;
(4) 44[deg]25.29' N. lat.; 124[deg]30.14' W. long.;
(5) 44[deg]41.76' N. lat.; 124[deg]30.02' W. long.; and connecting
back to 44[deg]41.76' N. lat.; 124[deg]30.02' W. long.
(h) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion
2. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA)
Expansion 2 is an area off central Oregon, near Stonewall Bank,
intended to protect yelloweye rockfish. The Stonewall Bank YRCA
Expansion 2 is defined by straight lines connecting the following
specific latitude and longitude coordinates in the order listed:
(1) 44[deg]38.54' N. lat.; 124[deg]27.41' W. long.;
(2) 44[deg]38.54' N. lat.; 124[deg]23.86' W. long.;
(3) 44[deg]27.13' N. lat.; 124[deg]21.50' W. long.;
(4) 44[deg]27.13' N. lat.; 124[deg]26.89' W. long.;
(5) 44[deg]31.30' N. lat.; 124[deg]28.35' W. long.; and connecting
back to 44[deg]38.54' N. lat.; 124[deg]27.41' W. long.
* * * * *
0
8. Amend Sec. 660.71 as follows:
0
a. Redesignate paragraphs (e)(143) through (332) as paragraphs (e)(147)
through (336), respectively and redesignate paragraphs (e)(140) through
(142) as paragraphs (e)(141) through (143), respectively;
0
b. Add new paragraphs (e)(140) and (e)(144) through (146);
0
c. Revise newly redesignated paragraph (e)(168);
0
d. Redesignate paragraphs (k)(128) through (214) as paragraphs (k)(130)
through (216), respectively and redesignate paragraphs (k)(120) through
(127) as paragraphs (k)(121) through (128), respectively;
0
e. Add new paragraph (k)(120);
0
f. Revise newly redesignated paragraph (k)(128);
0
g. Add new paragraph (k)(129).
The revisions and additions read as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(e) * * *
(140) 39[deg]37.50' N. lat., 123[deg]49.20' W. long.;
* * * * *
(144) 39[deg]13.00' N. lat., 123[deg]47.65' W. long.;
(145) 39[deg]11.06' N. lat., 123[deg]47.16' W. long.;
(146) 39[deg]10.35' N. lat., 123[deg]46.75' W. long.;
* * * * *
(168) 37[deg]39.85.' N. lat., 122[deg]49.90' W. long.;
* * * * *
(k) * * *
(120) 38[deg]30.57' N. lat., 123[deg]18.60' W. long.;
* * * * *
(128) 37[deg]48.22' N. lat., 123[deg]10.62' W. long.;
(129) 37[deg]47.53' N. lat., 123[deg]11.54' W. long.;
* * * * *
0
9. In Sec. 660.72, paragraph (a)(107) is revised to read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(a) * * *
(107) 37[deg]45.57' N. lat., 123[deg]9.46' W. long.;
* * * * *
0
10. In Sec. 660.73, redesignate paragraphs (h)(248) through (h)(309)
as (h)(252) through (h)(313) and add new paragraphs (h)(248) through
(h)(251) to read as follows:
[[Page 9641]]
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(h) * * *
(248) 36[deg]47.60' N. lat., 121[deg]58.88' W. long.;
(249) 36[deg]48.24' N. lat., 121[deg]51.40' W. long.;
(250) 36[deg]45.84' N. lat., 121[deg]57.21' W. long.;
(251) 36[deg]45.77' N. lat., 121[deg]57.61' W. long.;
* * * * *
0
11. Tables 1a through 1d to Part 660, Subpart C, are revised to read as
follows:
BILLING CODE 3510-22-P
[[Page 9642]]
[GRAPHIC] [TIFF OMITTED] TR07FE17.000
[[Page 9643]]
BILLING CODE 3510-22-C
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and
harvest guidelines (HGs) are specified as total catch values.
\b\ Fishery harvest guidelines means the harvest guideline or
quota after subtracting Pacific Coast treaty Indian tribes
allocations and projected catch, projected research catch,
deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
\c\ Bocaccio. A stock assessment was conducted in 2015 for the
bocaccio stock between the U.S.-Mexico border and Cape Blanco. The
stock is managed with stock-specific harvest specifications south of
40[deg]10' N. lat. and within the Minor Shelf Rockfish complex north
of 40[deg]10' N. lat. A historical catch distribution of
approximately 7.4 percent was used to apportion the assessed stock
to the area north of 40[deg]10' N. lat. The bocaccio stock was
estimated to be at 36.8 percent of its unfished biomass in 2015. The
OFL of 2,139 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50%. The ABC of 2,044 mt is a
4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The 790 mt ACL is based on the
current rebuilding plan with a target year to rebuild of 2022 and an
SPR harvest rate of 77.7 percent. 15.4 mt is deducted from the ACL
to accommodate the incidental open access fishery (0.8 mt), EFP
catch (10 mt) and research catch (4.6 mt), resulting in a fishery HG
of 774.6 mt. The California recreational fishery has an HG of 326.1
mt.
\d\ Cowcod. A stock assessment for the Conception Area was
conducted in 2013 and the stock was estimated to be at 33.9 percent
of its unfished biomass in 2013. The Conception Area OFL of 58 mt is
projected in the 2013 rebuilding analysis using an FMSY
proxy of F50%. The OFL contribution of 12 mt for the
unassessed portion of the stock in the Monterey area is based on
depletion-based stock reduction analysis. The OFLs for the Monterey
and Conception areas were summed to derive the south of 40[deg]10'
N. lat. OFL of 70 mt. The ABC for the area south of 40[deg]10' N.
lat. is 63 mt. The assessed portion of the stock in the Conception
Area is considered category 2, with a Conception area contribution
to the ABC of 53 mt, which is an 8.7 percent reduction from the
Conception area OFL ([sigma] = 0.72 / P* = 0.45). The unassessed
portion of the stock in the Monterey area is considered a category 3
stock, with a contribution to the ABC of 10 mt, which is a 16.6
percent reduction from the Monterey area OFL ([sigma] = 1.44 / P* =
0.45). A single ACL of 10 mt is being set for both areas combined.
The ACL of 10 mt is based on the rebuilding plan with a target year
to rebuild of 2020 and an SPR harvest rate of 82.7 percent, which is
equivalent to an exploitation rate (catch over age 11+ biomass) of
0.007. 2 mt is deducted from the ACL to accommodate the incidental
open access fishery (less than 0.1 mt), EFP fishing (less than 0.1
mt) and research activity (2 mt), resulting in a fishery HG of 8 mt.
Any additional mortality in research activities will be deducted
from the ACL. A single ACT of 4 mt is being set for both areas
combined.
\e\ Darkblotched rockfish. A 2015 stock assessment estimated the
stock to be at 39 percent of its unfished biomass in 2015. The OFL
of 671 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50%. The ABC of 641 mt is a 4.4
percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because
it is a category 1 stock. The ACL is set equal to the ABC, as the
stock is projected to be above its target biomass of B40%
in 2017. 77.3 mt is deducted from the ACL to accommodate the Tribal
fishery (0.2 mt), the incidental open access fishery (24.5 mt), EFP
catch (0.1 mt), research catch (2.5 mt) and an additional deduction
for unforeseen catch events (50 mt), resulting in a fishery HG of
563.8 mt.
\f\ Pacific ocean perch. A stock assessment was conducted in
2011 and the stock was estimated to be at 19.1 percent of its
unfished biomass in 2011. The OFL of 964 mt for the area north of
40[deg]10' N. lat. is based on an updated catch-only projection of
the 2011 rebuilding analysis using an F50%
FMSY proxy. The ABC of 922 mt is a 4.4 percent reduction
from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a category 1
stock. The ACL is based on the current rebuilding plan with a target
year to rebuild of 2051 and a constant catch amount of 281 mt in
2017 and 2018, followed in 2019 and beyond by ACLs based on an SPR
harvest rate of 86.4 percent. 49.4 mt is deducted from the ACL to
accommodate the Tribal fishery (9.2 mt), the incidental open access
fishery (10 mt), research catch (5.2 mt) and an additional deduction
for unforeseen catch events (25 mt), resulting in a fishery HG of
231.6 mt.
\g\ Yelloweye rockfish. A stock assessment update was conducted
in 2011. The stock was estimated to be at 21.4 percent of its
unfished biomass in 2011. The 57 mt coastwide OFL is based on a
catch-only update of the 2011 stock assessment, assuming actual
catches since 2011 and using an FMSY proxy of
F50%. The ABC of 47 mt is a 16.7 percent reduction from
the OFL ([sigma] = 0.72 / P* = 0.40) because it is a category 2
stock. The 20 mt ACL is based on the current rebuilding plan with a
target year to rebuild of 2074 and an SPR harvest rate of 76.0
percent. 5.4 mt is deducted from the ACL to accommodate the Tribal
fishery (2.3 mt), the incidental open access fishery (0.4 mt), EFP
catch (less than 0.1 mt) and research catch (2.7 mt), resulting in a
fishery HG of 14.6 mt. Recreational HGs are: 3.3 mt (Washington); 3
mt (Oregon); and 3.9 mt (California).
\h\ Arrowtooth flounder. The arrowtooth flounder stock was last
assessed in 2007 and was estimated to be at 79 percent of its
unfished biomass in 2007. The OFL of 16,571 mt is derived from a
catch-only update of the 2007 stock assessment assuming actual
catches since 2007 and using an F30% FMSY
proxy. The ABC of 13,804 mt is a 16.7 percent reduction from the OFL
([sigma] = 0.72 / P* = 0.40) because it is a category 2 stock. The
ACL is set equal to the ABC because the stock is above its target
biomass of B25%. 2,098.1 mt is deducted from the ACL to
accommodate the Tribal fishery (2,041 mt), the incidental open
access fishery (40.8 mt), and research catch (16.4 mt), resulting in
a fishery HG of 11,705.9 mt.
\i\ Big skate. The OFL of 541 mt is based on an estimate of
trawl survey biomass and natural mortality. The ABC of 494 mt is an
8.7 percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45) as
it is a category 2 stock. The ACL is set equal to the ABC. 57.4 mt
is deducted from the ACL to accommodate the Tribal fishery (15 mt),
the incidental open access fishery (38.4 mt), and research catch (4
mt), resulting in a fishery HG of 436.6 mt.
\j\ Black rockfish (California). A 2015 stock assessment
estimated the stock to be at 33 percent of its unfished biomass in
2015. The OFL of 349 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50%. The ABC of 334 mt
is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL is set equal to the ABC
because the stock is projected to be above its target biomass of
B40% in 2017. 1 mt is deducted from the ACL to
accommodate EFP catch (1 mt), resulting in a fishery HG of 333 mt.
\k\ Black rockfish (Oregon). A 2015 stock assessment estimated
the stock to be at 60 percent of its unfished biomass in 2015. The
OFL of 577 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50%. The ABC of 527 mt is an
8.7 percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45)
because it is a category 2 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of B40%.
0.6 mt is deducted from the ACL to accommodate the incidental open
access fishery (0.6 mt), resulting in a fishery HG of 526.4 mt.
\l\ Black rockfish (Washington). A 2015 stock assessment
estimated the stock to be at 43 percent of its unfished biomass in
2015. The OFL of 319 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50%. The ABC of 305 mt
is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of B40%. 18
mt is deducted from the ACL to accommodate the Tribal fishery,
resulting in a fishery HG of 287 mt.
\m\ Blackgill rockfish. Blackgill rockfish contributes to the
harvest specifications for the Minor Slope Rockfish South complex.
See footnote \pp\.
\n\ Cabezon (California). A cabezon stock assessment was
conducted in 2009. The cabezon spawning biomass in waters off
California was estimated to be at 48.3 percent of its unfished
biomass in 2009. The OFL of 157 mt is calculated using an
FMSY proxy of F45%. The ABC of 150 mt is based
on a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of B40%.
0.3 mt is deducted from the ACL to accommodate the incidental open
access fishery, resulting in a fishery HG of 149.7 mt.
\o\ Cabezon (Oregon). A cabezon stock assessment was conducted
in 2009. The cabezon spawning biomass in waters off Oregon was
estimated to be at 52 percent of its unfished biomass in 2009. The
OFL of 49 mt is calculated using an FMSY proxy of
F45%. The ABC of 47 mt is based on a 4.4 percent
reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a
category 1 species. The ACL is set equal to the ABC because the
stock is above its target biomass of B40%. There are no
deductions from the ACL so the fishery HG is also equal to the ACL
of 47 mt.
[[Page 9644]]
\p\ California scorpionfish. A California scorpionfish
assessment was conducted in 2005 and was estimated to be at 79.8
percent of its unfished biomass in 2005. The OFL of 289 mt is based
on projections from a catch-only update of the 2005 assessment
assuming actual catches since 2005 and using an FMSY
harvest rate proxy of F50%. The ABC of 264 mt is an 8.7
percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45) because
it is a category 2 stock. The ACL is set at a constant catch amount
of 150 mt. 2.2 mt is deducted from the ACL to accommodate the
incidental open access fishery (2 mt) and research catch (0.2 mt),
resulting in a fishery HG of 147.8 mt. An ACT of 111 mt is
established.
\q\ Canary rockfish. A stock assessment was conducted in 2015
and the stock was estimated to be at 55.5 percent of its unfished
biomass coastwide in 2015. The coastwide OFL of 1,793 mt is
projected in the 2015 assessment using an FMSY harvest
rate proxy of F50%. The ABC of 1,714 mt is a 4.4 percent
reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 247 mt is deducted
from the ACL to accommodate the Tribal fishery (50 mt), the
incidental open access fishery (1.2 mt), EFP catch (1 mt), research
catch (7.2 mt), and an additional deduction for unforeseen catch
events (188 mt), resulting in a fishery HG of 1,466.6 mt.
Recreational HGs are: 50 mt (Washington); 75 mt (Oregon); and 135 mt
(California).
\r\ Chilipepper. A coastwide update assessment of the
chilipepper stock was conducted in 2015 and estimated to be at 64
percent of its unfished biomass in 2015. Chilipepper are managed
with stock-specific harvest specifications south of 40[deg]10' N.
lat. and within the Minor Shelf Rockfish complex north of 40[deg]10'
N. lat. Projected OFLs are stratified north and south of 40[deg]10'
N. lat. based on the average historical assessed area catch, which
is 93 percent for the area south of 40[deg]10' N. lat. and 7 percent
for the area north of 40[deg]10' N. lat. The OFL of 2,727 mt for the
area south of 40[deg]10' N. lat. is projected in the 2015 assessment
using an FMSY proxy of F50%. The ABC of 2,607
mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* =
0.45) because it is a category 1 stock. The ACL is set equal to the
ABC because the stock is above its target biomass of
B40%. 45.9 mt is deducted from the ACL to accommodate the
incidental open access fishery (5 mt), EFP fishing (30 mt), and
research catch (10.9 mt), resulting in a fishery HG of 2,561.1 mt.
\s\ Dover sole. A 2011 Dover sole assessment estimated the stock
to be at 83.7 percent of its unfished biomass in 2011. The OFL of
89,702 mt is based on an updated catch-only projection from the 2011
stock assessment assuming actual catches since 2011 and using an
FMSY proxy of F30%. The ABC of 85,755 mt is a
4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL could be set equal to the
ABC because the stock is above its target biomass of
B25%. However, the ACL of 50,000 mt is set at a level
below the ABC and higher than the maximum historical landed catch.
1,593.7 mt is deducted from the ACL to accommodate the Tribal
fishery (1,497 mt), the incidental open access fishery (54.8 mt),
and research catch (41.9 mt), resulting in a fishery HG of 48,406.3
mt.
\t\ English sole. A 2013 stock assessment was conducted, which
estimated the stock to be at 88 percent of its unfished biomass in
2013. The OFL of 10,914 mt is projected in the 2013 assessment using
an FMSY proxy of F30%. The ABC of 9,964 mt is
an 8.7 percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45)
because it is a category 2 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of B25%.
212.8 mt is deducted from the ACL to accommodate the Tribal fishery
(200 mt), the incidental open access fishery (7.0 mt) and research
catch (5.8 mt), resulting in a fishery HG of 9,751.2 mt.
\u\ Lingcod north. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009. The OFL is based on an updated catch-only projection from
the 2009 assessment assuming actual catches since 2009 and using an
FMSY proxy of F45%. The OFL is apportioned
north of 40[deg]10' N. lat. by adding 48% of the OFL from
California, resulting in an OFL of 3,549 mt for the area north of
40[deg]10' N. lat. The ABC of 3,333 mt is based on a 4.4 percent
reduction ([sigma] = 0.36 / P* = 0.45) from the OFL contribution for
the area north of 42[deg] N. lat. because it is a category 1 stock,
and an 8.7 percent reduction ([sigma] = 0.72 / P* = 0.45) from the
OFL contribution for the area between 42[deg] N. lat. and 40[deg]10'
N. lat. because it is a category 2 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40%. 278.2 mt is deducted from the ACL for the Tribal
fishery (250 mt), the incidental open access fishery (16 mt), EFP
catch (0.5 mt) and research catch (11.7 mt), resulting in a fishery
HG of 3,054.8 mt.
\v\ Lingcod south. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009.The OFL is based on an updated catch-only projection of the
2009 stock assessment assuming actual catches since 2009 using an
FMSY proxy of F45%. The OFL is apportioned by
subtracting 48% of the California OFL, resulting in an OFL of 1,502
mt for the area south of 40[deg]10' N. lat. The ABC of 1,251 mt is
based on a 16.7 percent reduction from the OFL ([sigma] = 0.72 / P*
= 0.40) because it is a category 2 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40%. 9 mt is deducted from the ACL to accommodate the
incidental open access fishery (6.9 mt), EFP fishing (1 mt), and
research catch (1.1 mt), resulting in a fishery HG of 1,242 mt.
\w\ Longnose skate. A stock assessment was conducted in 2007 and
the stock was estimated to be at 66 percent of its unfished biomass.
The OFL of 2,556 mt is derived from the 2007 stock assessment using
an FMSY proxy of F50%. The ABC of 2,444 mt is
a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL of 2,000 mt is a fixed
harvest level that provides greater access to the stock and is less
than the ABC. 147 mt is deducted from the ACL to accommodate the
Tribal fishery (130 mt), incidental open access fishery (3.8 mt),
and research catch (13.2 mt), resulting in a fishery HG of 1,853 mt.
\x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide
stock assessment estimated the stock to be at 75 percent of its
unfished biomass in 2013. A coastwide OFL of 4,571 mt is projected
in the 2013 stock assessment using an F50%
FMSY proxy. The coastwide ABC of 3,808 mt is a 16.7
percent reduction from the OFL ([sigma] = 0.72 / P* = 0.40) because
it is a category 2 stock. For the portion of the stock that is north
of 34[deg]27' N. lat., the ACL is 2,894 mt, and is 76 percent of the
coastwide ABC based on the average swept-area biomass estimates
(2003-2012) from the NMFS NWFSC trawl survey. 46.8 mt is deducted
from the ACL to accommodate the Tribal fishery (30 mt), the
incidental open access fishery (3.3 mt), and research catch (13.5
mt), resulting in a fishery HG of 2,847.2 mt. For that portion of
the stock south of 34[deg]27' N. lat. the ACL is 914 mt and is 24
percent of the coastwide ABC based on the average swept-area biomass
estimates (2003-2012) from the NMFS NWFSC trawl survey. 3.2 mt is
deducted from the ACL to accommodate the incidental open access
fishery (1.8 mt), and research catch (1.4 mt), resulting in a
fishery HG of 910.8 mt.
\y\ Pacific cod. The 3,200 mt OFL is based on the maximum level
of historic landings. The ABC of 2,221 mt is a 30.6 percent
reduction from the OFL ([sigma] = 1.44 / P* = 0.40) because it is a
category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent
as a precautionary adjustment. 509 mt is deducted from the ACL to
accommodate the Tribal fishery (500 mt), research catch (7 mt), and
the incidental open access fishery (2 mt), resulting in a fishery HG
of 1,091 mt.
\z\ Pacific whiting. Pacific whiting. Pacific whiting are
assessed annually. The final specifications will be determined
consistent with the U.S.-Canada Pacific Whiting Agreement and will
be announced after the Council's April 2017 meeting.
\aa\ Petrale sole. A 2015 stock assessment update was conducted,
which estimated the stock to be at 31 percent of its unfished
biomass in 2015. The OFL of 3,280 mt is projected in the 2015
assessment using an FMSY proxy of F30%. The
ABC of 3,136 mt is a 4.4 percent reduction from the OFL ([sigma] =
0.36 / P* = 0.45) because it is a category 1 stock. The ACL is set
equal to the ABC because the stock is above its target biomass of
B25%. 240.9 mt is deducted from the ACL to accommodate
the Tribal fishery (220 mt), the incidental open access fishery (3.2
mt) and research catch (17.7 mt), resulting in a fishery HG of
2,895.1 mt.
\bb\ Sablefish north. A coastwide sablefish stock assessment
update was conducted in 2015. The coastwide sablefish biomass was
estimated to be at 33 percent of its unfished biomass in 2015. The
coastwide OFL of 8,050 mt is projected in the 2015 stock assessment
using an FMSY proxy of F45%. The ABC of 7,350
mt is an 8.7 percent reduction from the OFL ([sigma] = 0.36 / P* =
0.40). The 40-10 adjustment is applied to the ABC to derive
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a coastwide ACL value because the stock is in the precautionary
zone. This coastwide ACL value is not specified in regulations. The
coastwide ACL value is apportioned north and south of 36[deg] N.
lat., using the 2003-2014 average estimated swept area biomass from
the NMFS NWFSC trawl survey, with 73.8 percent apportioned north of
36[deg] N. lat. and 26.2 percent apportioned south of 36[deg] N.
lat. The northern ACL is 5,252 mt and is reduced by 525 mt for the
Tribal allocation (10 percent of the ACL north of 36[deg] N. lat.).
The 525 mt Tribal allocation is reduced by 1.5 percent to account
for discard mortality. Detailed sablefish allocations are shown in
Table 1c.
\cc\ Sablefish south. The ACL for the area south of 36[deg] N.
lat. is 1,864 mt (26.2 percent of the calculated coastwide ACL
value). 5 mt is deducted from the ACL to accommodate the incidental
open access fishery (2 mt) and research catch (3 mt), resulting in a
fishery HG of 1,859 mt.
\dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish
assessment was conducted in 2007. The spawning stock biomass of
shortbelly rockfish was estimated to be 67 percent of its unfished
biomass in 2005. The OFL of 6,950 mt is based on the estimated MSY
in the 2007 stock assessment. The ABC of 5,789 mt is a 16.7 percent
reduction of the OFL ([sigma] = 0.72 / P* = 0.40) because it is a
category 2 stock. The 500 mt ACL is set to accommodate incidental
catch when fishing for co-occurring healthy stocks and in
recognition of the stock's importance as a forage species in the
California Current ecosystem. 10.9 mt is deducted from the ACL to
accommodate the incidental open access fishery (8.9 mt) and research
catch (2 mt), resulting in a fishery HG of 489.1 mt.
\ee\ Shortspine thornyhead. A 2013 coastwide shortspine
thornyhead stock assessment estimated the stock to be at 74.2
percent of its unfished biomass in 2013. A coastwide OFL of 3,144 mt
is projected in the 2013 stock assessment using an F50%
FMSY proxy. The coastwide ABC of 2,619 mt is a 16.7
percent reduction from the OFL ([sigma] = 0.72 / P* = 0.40) because
it is a category 2 stock. For the portion of the stock that is north
of 34[deg]27' N. lat., the ACL is 1,713 mt. The northern ACL is 65.4
percent of the coastwide ABC based on the average swept-area biomass
estimates (2003-2012) from the NMFS NWFSC trawl survey. 59 mt is
deducted from the ACL to accommodate the Tribal fishery (50 mt), the
incidental open access fishery (1.8 mt), and research catch (7.2
mt), resulting in a fishery HG of 1,654 mt for the area north of
34[deg]27' N. lat. For that portion of the stock south of 34[deg]27'
N. lat. the ACL is 906 mt. The southern ACL is 34.6 percent of the
coastwide ABC based on the average swept-area biomass estimates
(2003-2012) from the NMFS NWFSC trawl survey. 42.3 mt is deducted
from the ACL to accommodate the incidental open access fishery (41.3
mt) and research catch (1 mt), resulting in a fishery HG of 863.7 mt
for the area south of 34[deg]27' N. lat.
\ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment
was conducted in 2011. The coastwide spiny dogfish biomass was
estimated to be at 63 percent of its unfished biomass in 2011. The
coastwide OFL of 2,514 mt is derived from the 2011 assessment using
an FMSY proxy of F50%. The coastwide ABC of
2,094 mt is a 16.7 percent reduction from the OFL ([sigma] = 0.72 /
P* = 0.40) because it is a category 2 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40%. 338 mt is deducted from the ACL to accommodate the
Tribal fishery (275 mt), the incidental open access fishery (49.5
mt), EFP catch (1 mt), and research catch (12.5 mt), resulting in a
fishery HG of 1,756 mt.
\gg\ Splitnose rockfish. A coastwide splitnose rockfish
assessment was conducted in 2009 that estimated the stock to be at
66 percent of its unfished biomass in 2009. Splitnose rockfish in
the north is managed in the Minor Slope Rockfish complex and with
stock-specific harvest specifications south of 40[deg]10' N. lat.
The coastwide OFL is projected in the 2009 assessment using an
FMSY proxy of F50%. The coastwide OFL is
apportioned north and south of 40[deg]10' N. lat. based on the
average 1916-2008 assessed area catch, resulting in 64.2 percent of
the coastwide OFL apportioned south of 40[deg]10' N. lat., and 35.8
percent apportioned for the contribution of splitnose rockfish to
the northern Minor Slope Rockfish complex. The southern OFL of 1,841
mt results from the apportionment described above. The southern ABC
of 1,760 mt is a 4.4 percent reduction from the southern OFL
([sigma] = 0.36 / P* = 0.45) because it is a category 1 stock. The
ACL is set equal to the ABC because the stock is estimated to be
above its target biomass of B40%. 10.7 mt is deducted
from the ACL to accommodate the incidental open access fishery (0.2
mt), research catch (9 mt) and EFP catch (1.5 mt), resulting in a
fishery HG of 1,749.3 mt.
\hh\ Starry flounder. The stock was assessed in 2005 and was
estimated to be above 40 percent of its unfished biomass in 2005 (44
percent in Washington and Oregon, and 62 percent in California). The
coastwide OFL of 1,847 mt is set equal to the 2016 OFL, which was
derived from the 2005 assessment using an FMSY proxy of
F30%. The ABC of 1,282 mt is a 30.6 percent reduction
from the OFL ([sigma] = 1.44 / P* = 0.40) because it is a category 3
stock. The ACL is set equal to the ABC because the stock was
estimated to be above its target biomass of B25% in 2017.
10.3 mt is deducted from the ACL to accommodate the Tribal fishery
(2 mt), and the incidental open access fishery (8.3 mt), resulting
in a fishery HG of 1,271.7 mt.
ii Widow rockfish. The widow rockfish stock was
assessed in 2015 and was estimated to be at 75 percent of its
unfished biomass in 2015. The OFL of 14,130 mt is projected in the
2015 stock assessment using the F50
FMSY proxy. The ABC of 13,508 mt is a 4.4 percent
reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40. 217.7 mt is
deducted from the ACL to accommodate the Tribal fishery (200 mt),
the incidental open access fishery (0.5 mt), EFP catch (9 mt) and
research catch (8.2 mt), resulting in a fishery HG of 13,290.3 mt.
jj Yellowtail rockfish. A 2013 yellowtail rockfish
stock assessment was conducted for the portion of the population
north of 40[deg]10' N. lat. The estimated stock depletion was 67
percent of its unfished biomass in 2013. The OFL of 6,786 mt is
projected in the 2013 stock assessment using an FMSY
proxy of F50. The ABC of 6,196 mt is an 8.7
percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45) because
it is a category 2 stock. The ACL is set equal to the ABC because
the stock is above its target biomass of B40.
1,030 mt is deducted from the ACL to accommodate the Tribal fishery
(1,000 mt), the incidental open access fishery (3.4 mt), EFP catch
(10 mt) and research catch (16.6 mt), resulting in a fishery HG of
5,166.1 mt.
kk Minor Nearshore Rockfish north. The OFL for Minor
Nearshore Rockfish north of 40[deg]10' N. lat. of 118 mt is the sum
of the OFL contributions for the component species managed in the
complex. The ABCs for the minor rockfish complexes are based on a
sigma value of 0.72 for category 2 stocks (blue/deacon rockfish in
California, brown rockfish, China rockfish, and copper rockfish) and
a sigma value of 1.44 for category 3 stocks (all others) with a P*
of 0.45. The resulting ABC of 105 mt is the summed contribution of
the ABCs for the component species. The ACL of 105 mt is the sum of
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contributions for blue/deacon rockfish in California
where the 40-10 adjustment was applied to the ABC contribution for
this stock because it is in the precautionary zone. 1.8 mt is
deducted from the ACL to accommodate the Tribal fishery (1.5 mt) and
the incidental open access fishery (0.3 mt), resulting in a fishery
HG of 103.2 mt. Between 40[deg]10' N. lat. and 42[deg] N. lat. the
Minor Nearshore Rockfish complex north has a harvest guideline of
40.2 mt. Blue/deacon rockfish south of 42[deg] N. lat. has a stock-
specific HG, described in footnote nn/.
ll Minor Shelf Rockfish north. The OFL for Minor
Shelf Rockfish north of 40[deg]10' N. lat. of 2,303 mt is the sum of
the OFL contributions for the component species within the complex.
The ABCs for the minor rockfish complexes are based on a sigma value
of 0.36 for a category 1 stock (chilipepper), a sigma value of 0.72
for category 2 stocks (greenspotted rockfish between 40[deg]10' and
42[deg] N. lat. and greenstriped rockfish), and a sigma value of
1.44 for category 3 stocks (all others) with a P* of 0.45. The
resulting ABC of 2,049 mt is the summed contribution of the ABCs for
the component species. The ACL of 2,049 mt is the sum of
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contribution of greenspotted rockfish in California
where the 40-10 adjustment was applied to the ABC contribution for
this stock because it is in the precautionary zone. 83.8 mt is
deducted from the ACL to accommodate the Tribal fishery (30 mt), the
incidental open access fishery (26 mt), EFP catch (3 mt), and
research catch (24.8 mt), resulting in a fishery HG of 1,965.2 mt.
mm Minor Slope Rockfish north. The OFL for Minor
Slope Rockfish north of 40[deg]10' N. lat. of 1,897 mt is the sum of
the OFL contributions for the component species within the complex.
The ABCs for the Minor Slope Rockfish complexes are based on a sigma
value of 0.39 for aurora rockfish, a
[[Page 9646]]
sigma value of 0.36 for the other category 1 stock (splitnose
rockfish), a sigma value of 0.72 for category 2 stocks (rougheye
rockfish, blackspotted rockfish, and sharpchin rockfish), and a
sigma value of 1.44 for category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.39 was calculated for aurora rockfish
because the variance in estimated spawning biomass was greater than
the 0.36 used as a proxy for other category 1 stocks. The resulting
ABC of 1,755 mt is the summed contribution of the ABCs for the
component species. The ACL is set equal to the ABC because all the
assessed component stocks (i.e., rougheye rockfish, blackspotted
rockfish, sharpchin rockfish, and splitnose rockfish) are above the
target biomass of B40. 65.1 mt is deducted from
the ACL to accommodate the Tribal fishery (36 mt), the incidental
open access fishery (18.6 mt), EFP catch (1 mt), and research catch
(9.5 mt), resulting in a fishery HG of 1,689.9 mt.
nn Minor Nearshore Rockfish south. The OFL for the
Minor Nearshore Rockfish complex south of 40[deg]10' N. lat. of
1,329 mt is the sum of the OFL contributions for the component
species within the complex. The ABC for the southern Minor Nearshore
Rockfish complex is based on a sigma value of 0.72 for category 2
stocks (i.e., blue/deacon rockfish north of 34[deg]27' N. lat.,
brown rockfish, China rockfish, and copper rockfish) and a sigma
value of 1.44 for category 3 stocks (all others) with a P* of 0.45.
The resulting ABC of 1,166 mt is the summed contribution of the ABCs
for the component species. The ACL of 1,163 mt is the sum of the
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contribution for blue/deacon rockfish north of
34[deg]27' N. lat. and China rockfish where the 40-10 adjustment was
applied to the ABC contributions for these two stocks because they
are in the precautionary zone. 4.1 mt is deducted from the ACL to
accommodate the incidental open access fishery (1.4 mt) and research
catch (2.7 mt), resulting in a fishery HG of 1,158.9 mt. Blue/deacon
rockfish south of 42[deg] N. lat. has a stock-specific HG set equal
to the 40-10-adjusted ACL for the portion of the stock north of
34[deg]27' N. lat. (243.7 mt) plus the ABC contribution for the
unassessed portion of the stock south of 34[deg]27' N. lat. (60.8
mt). The California (i.e., south of 42[deg] N. lat.) blue/deacon
rockfish HG is 304.5 mt.
oo Minor Shelf Rockfish south. The OFL for the Minor
Shelf Rockfish complex south of 40[deg]10' N. lat. of 1,917 mt is
the sum of the OFL contributions for the component species within
the complex. The ABC for the southern Minor Shelf Rockfish complex
is based on a sigma value of 0.72 for category 2 stocks
(greenspotted and greenstriped rockfish) and a sigma value of 1.44
for category 3 stocks (all others) with a P* of 0.45. The resulting
ABC of 1,624 mt is the summed contribution of the ABCs for the
component species. The ACL of 1,623 mt is the sum of contributing
ABCs of healthy assessed stocks and unassessed stocks, plus the ACL
contribution of greenspotted rockfish in California where the 40-10
adjustment was applied to the ABC contribution for this stock
because it is in the precautionary zone. 47.2 mt is deducted from
the ACL to accommodate the incidental open access fishery (8.6 mt),
EFP catch (30 mt), and research catch (8.6 mt), resulting in a
fishery HG of 1,575.8 mt.
pp Minor Slope Rockfish south. The OFL of 827 mt is
the sum of the OFL contributions for the component species within
the complex. The ABC for the southern Minor Slope Rockfish complex
is based on a sigma value of 0.39 for aurora rockfish, a sigma value
of 0.72 for category 2 stocks (blackgill rockfish, rougheye
rockfish, blackspotted rockfish, and sharpchin rockfish) and a sigma
value of 1.44 for category 3 stocks (all others) with a P* of 0.45.
A unique sigma of 0.39 was calculated for aurora rockfish because
the variance in estimated biomass was greater than the 0.36 used as
a proxy for other category 1 stocks. The resulting ABC of 718 mt is
the summed contribution of the ABCs for the component species. The
ACL of 707 mt is the sum of the contributing ABCs of healthy
assessed stocks and unassessed stocks, plus the ACL contribution of
blackgill rockfish where the 40-10 adjustment was applied to the ABC
contribution for this stock because it is in the precautionary zone.
20.2 mt is deducted from the ACL to accommodate the incidental open
access fishery (17.2 mt), EFP catch (1 mt), and research catch (2
mt), resulting in a fishery HG of 686.8 mt. Blackgill rockfish has a
stock-specific HG for the entire groundfish fishery south of
40[deg]10' N. lat. set equal to the species' contribution to the 40-
10-adjusted ACL. Harvest of blackgill rockfish in all groundfish
fisheries counts against this HG of 120.2 mt. Nontrawl fisheries are
subject to a blackgill rockfish HG of 44.5 mt.
qq Other Flatfish. The Other Flatfish complex is
comprised of flatfish species managed in the PCGFMP that are not
managed with stock-specific OFLs/ABCs/ACLs. Most of the species in
the Other Flatfish complex are unassessed and include: Butter sole,
curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole,
and rex sole. The Other Flatfish OFL of 11,165 mt is based on the
sum of the OFL contributions of the component stocks. The ABC of
8,510 mt is based on a sigma value of 0.72 for a category 2 stock
(rex sole) and a sigma value of 1.44 for category 3 stocks (all
others) with a P* of 0.40. The ACL is set equal to the ABC. The ACL
is set equal to the ABC because all of the assessed stocks (i.e.,
Pacific sanddabs and rex sole) were above their target biomass of
B25. 204 mt is deducted from the ACL to
accommodate the Tribal fishery (60 mt), the incidental open access
fishery (125 mt), and research catch (19 mt), resulting in a fishery
HG of 8,306 mt.
rr Other Fish. The Other Fish complex is comprised of
kelp greenling coastwide, cabezon off Washington, and leopard shark
coastwide. The 2015 assessment for the kelp greenling stock off of
Oregon projected an estimated depletion of 80 percent in 2015. All
other stocks are unassessed. The OFL of 537 mt is the sum of the OFL
contributions for kelp greenling coastwide, cabezon off Washington,
and leopard shark coastwide. The ABC for the Other Fish complex is
based on a sigma value of 0.44 for kelp greenling off Oregon and a
sigma value of 1.44 for category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.44 was calculated for kelp greenling off
Oregon because the variance in estimated spawning biomass was
greater than the 0.36 sigma used as a proxy for other category 1
stocks. The resulting ABC of 474 mt is the summed contribution of
the ABCs for the component species. The ACL is set equal to the ABC
because all of the assessed stocks (kelp greenling off Oregon) were
above their target biomass of B40. There are no
deductions from the ACL so the fishery HG is equal to the ACL of 474
mt.
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12. Tables 2a through 2d to Part 660, Subpart C, are revised to read as
follows:
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BILLING CODE 3510-22-C
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and
harvest guidelines (HGs) are specified as total catch values.
\b\ Fishery harvest guidelines means the harvest guideline or
quota after subtracting Pacific Coast treaty Indian tribes
allocations and projected catch, projected research catch,
deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
\c\ Bocaccio. A stock assessment was conducted in 2015 for the
bocaccio stock between the U.S.-Mexico border and Cape Blanco. The
stock is managed with stock-specific harvest specifications south of
40[deg]10' N. lat. and within the Minor Shelf Rockfish complex north
of 40[deg]10' N. lat. A historical catch distribution of
approximately 7.4 percent was used to apportion the assessed stock
to the area north of 40[deg]10' N. lat. The bocaccio stock was
estimated to be at 36.8 percent of its unfished biomass in 2015. The
OFL of 2,013 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50. The ABC of 1,924 mt
is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The 741 mt ACL is based on the
current rebuilding plan with a target year to rebuild of 2022 and an
SPR harvest rate of 77.7 percent. 15.4 mt is deducted from the ACL
to accommodate the incidental open access fishery (0.8 mt), EFP
catch (10 mt) and research catch (4.6 mt), resulting in a fishery HG
of 725.6 mt. The California recreational fishery has an HG of 305.5
mt.
\d\ Cowcod. A stock assessment for the Conception Area was
conducted in 2013 and the stock was estimated to be at 33.9 percent
of its unfished biomass in 2013. The Conception Area OFL of 59 mt is
projected in the 2013 rebuilding analysis using an FMSY
proxy of F50. The OFL contribution of 12 mt for
the unassessed portion of the stock in the Monterey area is based on
depletion-based stock reduction analysis. The OFLs for the Monterey
and Conception areas were summed to derive the south of 40[deg]10'
N. lat. OFL of 71 mt. The ABC for the area south of 40[deg]10' N.
lat. is 64 mt. The assessed portion of the stock in the Conception
Area is considered category 2, with a Conception area contribution
to the ABC of 54 mt, which is an 8.7 percent reduction from the
Conception area OFL ([sigma] = 0.72 / P* = 0.45). The unassessed
portion of the stock in the Monterey area is considered a category 3
stock, with a contribution to the ABC of 10 mt, which is a 16.6
percent reduction from the Monterey area OFL ([sigma] = 1.44 / P* =
0.45). A single ACL of 10 mt is being set for both areas combined.
The ACL of 10 mt is based on the rebuilding plan with a target year
to rebuild of 2020 and an SPR harvest rate of 82.7 percent, which is
equivalent to an exploitation rate (catch over age 11+ biomass) of
0.007. 2 mt is deducted from the ACL to accommodate the incidental
open access fishery (less than 0.1 mt), EFP fishing (less than 0.1
mt) and research activity (2 mt), resulting in a fishery HG of 8 mt.
Any additional mortality in research activities will be deducted
from the ACL. A single ACT of 4 mt is being set for both areas
combined.
\e\ Darkblotched rockfish. A 2015 stock assessment estimated the
stock to be at 39 percent of its unfished biomass in 2015. The OFL
of 683 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50. The ABC of 653 mt
is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45)
because it is a category 1 stock. The ACL is set equal to the ABC,
as the stock is projected to be above its target biomass of
B40 in 2017. 77.3 mt is deducted from the ACL to
accommodate the Tribal fishery (0.2 mt), the incidental open access
fishery (24.5 mt), EFP catch (0.1 mt), research catch (2.5 mt) and
an additional deduction for unforeseen catch events (50 mt),
resulting in a fishery HG of 575.8 mt.
\f\ Pacific ocean perch. A stock assessment was conducted in
2011 and the stock was estimated to be at 19.1 percent of its
unfished biomass in 2011. The OFL of 984 mt for the area north of
40[deg]10' N. lat. is based on an updated catch-only projection of
the 2011 rebuilding analysis using an F50
FMSY proxy. The ABC of 941 mt is a 4.4 percent reduction
from the OFL ([sigma] = 0.36 / P* = 0.45) as it is a category 1
stock. The ACL is based on the current rebuilding plan with a target
year to rebuild of 2051 and a constant catch amount of 281 mt in
2017 and 2018, followed in 2019 and beyond by ACLs based on an SPR
harvest rate of 86.4 percent. 49.4 mt is deducted from the ACL to
accommodate the Tribal fishery (9.2 mt), the incidental open access
fishery (10 mt), research catch (5.2 mt) and an additional deduction
for unforeseen catch events (25 mt), resulting in a fishery HG of
231.6 mt.
\g\ Yelloweye rockfish. A stock assessment update was conducted
in 2011. The stock was estimated to be at 21.4 percent of its
unfished biomass in 2011. The 58 mt coastwide OFL is based on a
catch-only update of the 2011 stock assessment, assuming actual
catches since 2011 and using an FMSY proxy of
F50. The ABC of 48 mt is a 16.7 percent reduction
from the OFL ([sigma] = 0.72 / P* = 0.40) as it is a category 2
stock. The 20 mt ACL is based on the current rebuilding plan with a
target year to rebuild of 2074 and an SPR harvest rate of 76.0
percent. 6 mt is deducted from the ACL to accommodate the Tribal
fishery (2.3 mt), the incidental open access fishery (0.4 mt), EFP
catch (less than 0.1 mt) and research catch (3.27 mt) resulting in a
fishery HG of 14 mt. Recreational HGs are: 3.3 mt (Washington); 3 mt
(Oregon); and 3.9 mt (California).
\h\ Arrowtooth flounder. The arrowtooth flounder stock was last
assessed in 2007 and was estimated to be at 79 percent of its
unfished biomass in 2007. The OFL of 16,498 mt is derived from a
catch-only update of the 2007 assessment assuming actual catches
since 2007 and using an F30 FMSY
proxy. The ABC of 13,743 mt is a 16.7 percent reduction from the OFL
([sigma] = 0.72 / P* = 0.40) as it is a category 2 stock. The ACL is
set equal to the ABC because the stock is above its target biomass
of B25. 2,098.1 mt is deducted from the ACL to
accommodate the Tribal fishery (2,041 mt), the incidental open
access fishery (40.8 mt), and research catch (16.4 mt), resulting in
a fishery HG of 11,644.9 mt.
\i\ Big skate. The OFL of 541 mt is based on an estimate of
trawl survey biomass and natural mortality. The ABC of 494 mt is a
8.7 percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45) as
it is a category 2 stock. The ACL is set equal to the ABC. 57.4 mt
is deducted from the ACL to accommodate the Tribal fishery (15 mt),
the incidental open access fishery (38.4 mt), and research catch (4
mt), resulting in a fishery HG of 436.6 mt.
\j\ Black rockfish (California). A 2015 stock assessment
estimated the stock to be at 33 percent of its unfished biomass in
2015. The OFL of 347 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50. The ABC of
332 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P*
= 0.45) because it is a category 1 stock. The ACL is set equal to
the ABC because the stock is projected to be above its target
biomass of B40 in 2018. 1 mt is deducted from the
ACL for EFP catch, resulting in a fishery HG of 331 mt.
\k\ Black rockfish (Oregon). A 2015 stock assessment estimated
the stock to be at 60 percent of its unfished biomass in 2015. The
OFL of 570 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50. The ABC of 520 mt
is an 8.7 percent reduction from the OFL ([sigma] = 0.72 / P* =
0.45) because it is a category 2 stock. The ACL is set equal to the
ABC because the stock is above its target biomass of
B40. 0.6 mt is deducted from the ACL to
accommodate the incidental open access fishery, resulting in a
fishery HG of 519.4 mt.
\l\ Black rockfish (Washington). A 2015 stock assessment
estimated the stock to be at 43 percent of its unfished biomass in
2015. The OFL of 315 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50. The ABC of
301 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P*
= 0.45) because it is a category 1 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40. 18 mt is deducted from the ACL to
accommodate the Tribal fishery, resulting in a fishery HG of 283 mt.
\m\ Blackgill rockfish. Blackgill rockfish contributes to the
harvest specifications for the Minor Slope Rockfish South complex.
See footnote pp.
\n\ Cabezon (California). A cabezon stock assessment was
conducted in 2009. The cabezon spawning biomass in waters off
California was estimated to be at 48.3 percent of its unfished
biomass in 2009. The OFL of 156 mt is calculated using an
FMSY proxy of F50. The ABC of 149 mt
is based on a 4.4 percent reduction from the OFL ([sigma] = 0.36 /
P* = 0.45) because it is a category 1 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40. 0.3 mt is deducted from the ACL to
accommodate the incidental open access fishery (0.3 mt), resulting
in a fishery HG of 148.7 mt.
\o\ Cabezon (Oregon). A cabezon stock assessment was conducted
in 2009. The cabezon spawning biomass in waters off Oregon was
estimated to be at 52 percent of its unfished biomass in 2009. The
OFL of 49 mt is calculated using an FMSY proxy of
F45. The ABC of 47 mt is based on a 4.4 percent
reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a
category 1 species. The ACL is set equal to the ABC because the
stock is above its target biomass of B40. There
are no deductions from the ACL so the fishery HG is also equal to
the ACL of 47 mt.
[[Page 9652]]
\p\ California scorpionfish. A California scorpionfish
assessment was conducted in 2005 and was estimated to be at 79.8
percent of its unfished biomass in 2005. The OFL of 278 mt is based
on projections from a catch-only update of the 2005 assessment
assuming actual catches since 2005 and using an FMSY
harvest rate proxy of F50. The ABC of 254 mt is
an 8.7 percent reduction from the OFL ([sigma] = 0.72 / P* = 0.45)
because it is a category 2 stock. The ACL is set at a constant catch
amount of 150 mt. 2.2 mt is deducted from the ACL to accommodate the
incidental open access fishery (2 mt) and research catch (0.2 mt),
resulting in a fishery HG of 147.8 mt. An ACT of 111 mt is
established.
\q\ Canary rockfish. A stock assessment was conducted in 2015
and the stock was estimated to be at 55.5 percent of its unfished
biomass coastwide in 2015. The coastwide OFL of 1,596 mt is
projected in the 2015 assessment using an FMSY harvest
rate proxy of F50. The ABC of 1,526 mt is a 4.4
percent reduction from the OFL ([sigma] = 0.36 / P* = 0.45) as it is
a category 1 stock. The ACL is set equal to the ABC because the
stock is above its target biomass of B40. 59.4 mt
is deducted from the ACL to accommodate the Tribal fishery (50 mt),
the incidental open access fishery (1.2 mt), EFP catch (1 mt) and
research catch (7.2 mt) resulting in a fishery HG of 1,466.6 mt.
Recreational HGs are: 50 mt (Washington); 75 mt (Oregon); and 135 mt
(California).
\r\ Chilipepper. A coastwide update assessment of the
chilipepper stock was conducted in 2015 and estimated to be at 64
percent of its unfished biomass in 2015. Chilipepper are managed
with stock-specific harvest specifications south of 40[deg]10' N.
lat. and within the Minor Shelf Rockfish complex north of 40[deg]10'
N. lat. Projected OFLs are stratified north and south of 40[deg]10'
N. lat. based on the average historical assessed area catch, which
is 93 percent for the area south of 40[deg]10' N. lat. and 7 percent
for the area north of 40[deg]10' N. lat. The OFL of 2,623 mt for the
area south of 40[deg]10' N. lat. is projected in the 2015 assessment
using an FMSY proxy of F50. The ABC of
2,507 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 /
P* = 0.45) because it is a category 1 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of
B40. 45.9 mt is deducted from the ACL to
accommodate the incidental open access fishery (5 mt), EFP fishing
(30 mt), and research catch (10.9 mt), resulting in a fishery HG of
2,461.1 mt.
\s\ Dover sole. A 2011 Dover sole assessment estimated the stock
to be at 83.7 percent of its unfished biomass in 2011. The OFL of
90,282 mt is based on an updated catch-only projection from the 2011
stock assessment assuming actual catches since 2011 and using an
FMSY proxy of F30. The ABC of 86,310
mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* =
0.45) because it is a category 1 stock. The ACL could be set equal
to the ABC because the stock is above its target biomass of
B25. However, the ACL of 50,000 mt is set at a
level below the ABC and higher than the maximum historical landed
catch. 1,593.7 mt is deducted from the ACL to accommodate the Tribal
fishery (1,497 mt), the incidental open access fishery (54.8 mt),
and research catch (41.9 mt), resulting in a fishery HG of 48,406.3
mt.
\t\ English sole. A 2013 stock assessment was conducted, which
estimated the stock to be at 88 percent of its unfished biomass in
2013. The OFL of 8,255 mt is projected in the 2013 assessment using
an FMSY proxy of F30. The ABC of 7,537
mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72 / P* =
0.45) because it is a category 2 stock. The ACL is set equal to the
ABC because the stock is above its target biomass of
B25. 212.8 mt is deducted from the ACL to
accommodate the Tribal fishery (200 mt), the incidental open access
fishery (7 mt) and research catch (5.8 mt), resulting in a fishery
HG of 7,324.2 mt.
\u\ Lingcod north. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009.The OFL is based on an updated catch-only projection from
the 2009 assessment assuming actual catches since 2009 and using an
FMSY proxy of F45. The OFL is
apportioned by adding 48% of the OFL from California, resulting in
an OFL of 3,310 mt for the area north of 40[deg]10' N. lat. The ABC
of 3,110 mt is based on a 4.4 percent reduction ([sigma] = 0.36 / P*
= 0.45) from the OFL contribution for the area north of 42[deg] N.
lat. because it is a category 1 stock, and an 8.7 percent reduction
([sigma] = 0.72 / P* = 0.45) from the OFL contribution for the area
between 42[deg] N. lat. and 40[deg]10' N. lat. because it is a
category 2 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40. 278.2 mt is
deducted from the ACL for the Tribal fishery (250 mt), the
incidental open access fishery (16 mt), EFP catch (0.5 mt) and
research catch (11.7 mt), resulting in a fishery HG of 2,831.8 mt.
\v\ Lingcod south. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009. The OFL is based on an updated catch-only projection of the
2009 stock assessment assuming actual catches since 2009 and using
an FMSY proxy of F45. The OFL is
apportioned by subtracting 48% of the California OFL, resulting in
an OFL of 1,373 mt for the area south of 40[deg]10' N. lat. The ABC
of 1,144 mt is based on a 16.7 percent reduction from the OFL
([sigma] = 0.72 / P* = 0.40) because it is a category 2 stock. The
ACL is set equal to the ABC because the stock is above its target
biomass of B40. 9 mt is deducted from the ACL to
accommodate the incidental open access fishery (6.9 mt), EFP fishing
(1 mt), and research catch (1.1 mt), resulting in a fishery HG of
1,135 mt.
\w\ Longnose skate. A stock assessment was conducted in 2007 and
the stock was estimated to be at 66 percent of its unfished biomass.
The OFL of 2,526 mt is derived from the 2007 stock assessment using
an FMSY proxy of F50. The ABC of 2,415
mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36 / P* =
0.45) because it is a category 1 stock. The ACL of 2,000 mt is a
fixed harvest level that provides greater access to the stock and is
less than the ABC. 147 mt is deducted from the ACL to accommodate
the Tribal fishery (130 mt), incidental open access fishery (3.8
mt), and research catch (13.2 mt), resulting in a fishery HG of
1,853 mt.
\x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide
stock assessment estimated the stock to be at 75 percent of its
unfished biomass in 2013. A coastwide OFL of 4,339 mt is projected
in the 2013 stock assessment using an F50
FMSY proxy. The coastwide ABC of 3,614 mt is a 16.7
percent reduction from the OFL ([sigma] = 0.72 / P* = 0.40) because
it is a category 2 stock. For the portion of the stock that is north
of 34[deg]27' N. lat., the ACL is 2,747 mt, and is 76 percent of the
coastwide ABC based on the average swept-area biomass estimates
(2003-2012) from the NMFS NWFSC trawl survey. 46.8 mt is deducted
from the ACL to accommodate the Tribal fishery (30 mt), the
incidental open access fishery (3.3 mt), and research catch (13.5
mt), resulting in a fishery HG of 2,700.2 mt. For that portion of
the stock south of 34[deg]27' N. lat. the ACL is 867 mt and is 24
percent of the coastwide ABC based on the average swept-area biomass
estimates (2003-2012) from the NMFS NWFSC trawl survey. 3.2 mt is
deducted from the ACL to accommodate the incidental open access
fishery (1.8 mt), and research catch (1.4 mt), resulting in a
fishery HG of 863.8 mt.
\y\ Pacific cod. The 3,200 mt OFL is based on the maximum level
of historic landings. The ABC of 2,221 mt is a 30.6 percent
reduction from the OFL ([sigma] = 1.44 / P* = 0.40) as it is a
category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent
as a precautionary adjustment. 509 mt is deducted from the ACL to
accommodate the Tribal fishery (500 mt), research catch (7 mt), and
the incidental open access fishery (2 mt), resulting in a fishery HG
of 1,091 mt.
\z\ Pacific whiting. Pacific whiting. Pacific whiting are
assessed annually. The final specifications will be determined
consistent with the U.S.-Canada Pacific Whiting Agreement and will
be announced after the Council's April 2018 meeting.
\aa\ Petrale sole. A 2015 stock assessment update was conducted,
which estimated the stock to be at 31 percent of its unfished
biomass in 2015. The OFL of 3,152 mt is projected in the 2015
assessment using an FMSY proxy of F30.
The ABC of 3,013 mt is a 4.4 percent reduction from the OFL ([sigma]
= 0.36 / P* = 0.45) because it is a category 1 stock. The ACL is set
equal to the ABC because the stock is above its target biomass of
B25. 240.9 mt is deducted from the ACL to
accommodate the Tribal fishery (220 mt), the incidental open access
fishery (3.2 mt) and research catch (17.7 mt), resulting in a
fishery HG of 2,772.1 mt.
\bb\ Sablefish north. A coastwide sablefish stock assessment
update was conducted in 2015. The coastwide sablefish biomass was
estimated to be at 33 percent of its unfished biomass in 2015. The
coastwide OFL of 8,329 mt is projected in the 2015 stock assessment
using an FMSY proxy of F45. The ABC of
7,604 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.36 /
P* = 0.40). The 40-10 adjustment is applied to the ABC to derive a
coastwide ACL value because the stock is in the precautionary zone.
This coastwide
[[Page 9653]]
ACL value is not specified in regulations. The coastwide ACL value
is apportioned north and south of 36[deg] N. lat., using the 2003-
2014 average estimated swept area biomass from the NMFS NWFSC trawl
survey, with 73.8 percent apportioned north of 36[deg] N. lat. and
26.2 percent apportioned south of 36[deg] N. lat. The northern ACL
is 5,475 mt and is reduced by 548 mt for the Tribal allocation (10
percent of the ACL north of 36[deg] N. lat.). The 548 mt Tribal
allocation is reduced by 1.5 percent to account for discard
mortality. Detailed sablefish allocations are shown in Table 2c.
\cc\ Sablefish south. The ACL for the area south of 36[deg] N.
lat. is 1,944 mt (26.2 percent of the calculated coastwide ACL
value). 5 mt is deducted from the ACL to accommodate the incidental
open acrdedseescess fishery (2 mt) and research catch (3 mt),
resulting in a fishery HG of 1,939 mt.
\dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish
assessment was conducted in 2007. The spawning stock biomass of
shortbelly rockfish was estimated to be 67 percent of its unfished
biomass in 2005. The OFL of 6,950 mt is based on the estimated MSY
in the 2007 stock assessment. The ABC of 5,789 mt is a 16.7 percent
reduction of the OFL ([sigma] = 0.72 / P* = 0.40) because it is a
category 2 stock. The 500 mt ACL is set to accommodate incidental
catch when fishing for co-occurring healthy stocks and in
recognition of the stock's importance as a forage species in the
California Current ecosystem. 10.9 mt is deducted from the ACL to
accommodate the incidental open access fishery (8.9 mt) and research
catch (2 mt), resulting in a fishery HG of 489.1 mt.
\ee\ Shortspine thornyhead. A 2013 coastwide shortspine
thornyhead stock assessment estimated the stock to be at 74.2
percent of its unfished biomass in 2013. A coastwide OFL of 3,116 mt
is projected in the 2013 stock assessment using an
F50 FMSY proxy. The coastwide ABC of
2,596 mt is a 16.7 percent reduction from the OFL ([sigma] = 0.72 /
P* = 0.40) because it is a category 2 stock. For the portion of the
stock that is north of 34[deg]27' N. lat., the ACL is 1,698 mt. The
northern ACL is 65.4 percent of the coastwide ABC based on the
average swept-area biomass estimates (2003-2012) from the NMFS NWFSC
trawl survey. 59 mt is deducted from the ACL to accommodate the
Tribal fishery (50 mt), the incidental open access fishery (1.8 mt),
and research catch (7.2 mt), resulting in a fishery HG of 1,639 mt
for the area north of 34[deg]27' N. lat. For that portion of the
stock south of 34[deg]27' N. lat. the ACL is 898 mt. The southern
ACL is 34.6 percent of the coastwide ABC based on the average swept-
area biomass estimates (2003-2012) from the NMFS NWFSC trawl survey.
42.3 mt is deducted from the ACL to accommodate the incidental open
access fishery (41.3 mt) and research catch (1 mt), resulting in a
fishery HG of 855.7 mt for the area south of 34[deg]27' N. lat.
\ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment
was conducted in 2011. The coastwide spiny dogfish biomass was
estimated to be at 63 percent of its unfished biomass in 2011. The
coastwide OFL of 2,500 mt is derived from the 2011 assessment using
an FMSY proxy of F50. The coastwide
ABC of 2,083 mt is a 16.7 percent reduction from the OFL ([sigma] =
0.72 / P* = 0.40) because it is a category 2 stock. The ACL is set
equal to the ABC because the stock is above its target biomass of
B40. 338 mt is deducted from the ACL to
accommodate the Tribal fishery (275 mt), the incidental open access
fishery (49.5 mt), EFP catch (1 mt), and research catch (12.5 mt),
resulting in a fishery HG of 1,745 mt.
\gg\ Splitnose rockfish. A coastwide splitnose rockfish
assessment was conducted in 2009 that estimated the stock to be at
66 percent of its unfished biomass in 2009. Splitnose rockfish in
the north is managed in the Minor Slope Rockfish complex and with
stock-specific harvest specifications south of 40[deg]10' N. lat.
The coastwide OFL is projected in the 2009 assessment using an
FMSY proxy of F50. The coastwide OFL
is apportioned north and south of 40[deg]10' N. lat. based on the
average 1916-2008 assessed area catch resulting in 64.2 percent of
the coastwide OFL apportioned south of 40[deg]10' N. lat., and 35.8
percent apportioned for the contribution of splitnose rockfish to
the northern Minor Slope Rockfish complex. The southern OFL of 1,842
mt results from the apportionment described above. The southern ABC
of 1,761 mt is a 4.4 percent reduction from the southern OFL
([sigma] = 0.36 / P* = 0.45) because it is a category 1 stock. The
ACL is set equal to the ABC because the stock is estimated to be
above its target biomass of B40. 10.7 mt is
deducted from the ACL to accommodate the incidental open access
fishery (0.2 mt), research catch (9 mt) and EFP catch (1.5 mt),
resulting in a fishery HG of 1,750.3 mt.
\hh\ Starry flounder. The stock was assessed in 2005 and was
estimated to be above 40 percent of its unfished biomass in 2005 (44
percent in Washington and Oregon, and 62 percent in California). The
coastwide OFL of 1,847 mt is set equal to the 2016 OFL, which was
derived from the 2005 assessment using an FMSY proxy of
F30. The ABC of 1,282 mt is a 30.6 percent
reduction from the OFL ([sigma] = 1.44 / P* = 0.40) because it is a
category 3 stock. The ACL is set equal to the ABC because the stock
was estimated to be above its target biomass of
B25 in 2018. 10.3 mt is deducted from the ACL to
accommodate the Tribal fishery (2 mt), and the incidental open
access fishery (8.3 mt), resulting in a fishery HG of 1,271.7 mt.
ii Widow rockfish. The widow rockfish stock was
assessed in 2015 and was estimated to be at 75 percent of its
unfished biomass in 2015. The OFL of 13,237 mt is projected in the
2015 stock assessment using the F50
FMSY proxy. The ABC of 12,655 mt is a 4.4 percent
reduction from the OFL ([sigma] = 0.36 / P* = 0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40. 217.7 mt is
deducted from the ACL to accommodate the Tribal fishery (200 mt),
the incidental open access fishery (0.5 mt), EFP catch (9 mt) and
research catch (8.2 mt), resulting in a fishery HG of 12,437.3 mt.
jj Yellowtail rockfish. A 2013 yellowtail rockfish
stock assessment was conducted for the portion of the population
north of 40[deg]10' N. lat. The estimated stock depletion is 67
percent of its unfished biomass in 2013. The OFL of 6,574 mt is
projected in the 2013 stock assessment using an FMSY
proxy of F50. The ABC of 6,002 mt is an 8.7
percent reduction from the OFL ([sigma] = 0.72 / P*= 0.45) because
it is a category 2 stock. The ACL is set equal to the ABC because
the stock is above its target biomass of B40.
1,030 mt is deducted from the ACL to accommodate the Tribal fishery
(1,000 mt), the incidental open access fishery (3.4 mt), EFP catch
(10 mt) and research catch (16.6 mt), resulting in a fishery HG of
4,972.1 mt.
kk Minor Nearshore Rockfish north. The OFL for Minor
Nearshore Rockfish north of 40[deg]10' N. lat. of 119 mt is the sum
of the OFL contributions for the component species managed in the
complex. The ABCs for the minor rockfish complexes are based on a
sigma value of 0.72 for category 2 stocks (blue/deacon rockfish in
California, brown rockfish, China rockfish, and copper rockfish) and
a sigma value of 1.44 for category 3 stocks (all others) with a P*
of 0.45. The resulting ABC of 105 mt is the summed contribution of
the ABCs for the component species. The ACL of 105 mt is the sum of
contributing ABCs. 1.8 mt is deducted from the ACL to accommodate
the Tribal fishery (1.5 mt), and the incidental open access fishery
(0.3 mt), resulting in a fishery HG of 103.2 mt. Between 40[deg]10'
N. lat. and 42[deg] N. lat. the Minor Nearshore Rockfish complex
north has a harvest guideline of 40.2 mt. Blue/deacon rockfish south
of 42[deg] N. lat. has a species-specific HG, described in footnote
pp.
ll Minor Shelf Rockfish north. The OFL for Minor
Shelf Rockfish north of 40[deg]10' N. lat. of 2,302 mt is the sum of
the OFL contributions for the component species within the complex.
The ABCs for the minor rockfish complexes are based on a sigma value
of 0.36 for a category 1 stock (chilipepper), a sigma value of 0.72
for category 2 stocks (greenspotted rockfish between 40[deg]10' and
42[deg] N. lat. and greenstriped rockfish) and a sigma value of 1.44
for category 3 stocks (all others) with a P* of 0.45. The resulting
ABC of 2,048 mt is the summed contribution of the ABCs for the
component species. The ACL of 2,047 mt is the sum of contributing
ABCs of healthy assessed stocks and unassessed stocks, plus the ACL
contribution of greenspotted rockfish in California where the 40-10
adjustment was applied to the ABC contribution for this stock
because it is in the precautionary zone. 83.8 mt is deducted from
the ACL to accommodate the Tribal fishery (30 mt), the incidental
open access fishery (26 mt), EFP catch (3 mt), and research catch
(24.8 mt), resulting in a fishery HG of 1,963.2 mt.
mm Minor Slope Rockfish north. The OFL for Minor
Slope Rockfish north of 40[deg]10' N. lat. of 1,896 mt is the sum of
the OFL contributions for the component species within the complex.
The ABCs for the Minor Slope Rockfish complexes are based on a sigma
value of 0.39 for aurora rockfish, a sigma value of 0.36 for the
other category 1 stock (splitnose rockfish), a sigma value of 0.72
for category 2 stocks (rougheye rockfish, blackspotted rockfish, and
sharpchin rockfish), and a sigma value of 1.44 for category 3 stocks
(all others) with a P* of 0.45. A unique sigma of 0.39 was
calculated
[[Page 9654]]
for aurora rockfish because the variance in estimated spawning
biomass was greater than the 0.36 used as a proxy for other category
1 stocks. The resulting ABC of 1,754 mt is the summed contribution
of the ABCs for the component species. The ACL is set equal to the
ABC because all the assessed component stocks (rougheye rockfish,
blackspotted rockfish, sharpchin rockfish, and splitnose rockfish)
are above the target biomass of B40. 65.1 mt is
deducted from the ACL to accommodate the Tribal fishery (36 mt), the
incidental open access fishery (18.6 mt), EFP catch (1 mt), and
research catch (9.5 mt), resulting in a fishery HG of 1,688.9 mt.
nn Minor Nearshore Rockfish south. The OFL for the
Minor Nearshore Rockfish complex south of 40[deg]10' N. lat. of
1,344 mt is the sum of the OFL contributions for the component
species within the complex. The ABC for the southern Minor Nearshore
Rockfish complex is based on a sigma value of 0.72 for category 2
stocks (blue/deacon rockfish north of 34[deg]27' N. lat., brown
rockfish, China rockfish, and copper rockfish) and a sigma value of
1.44 for category 3 stocks (all others) with a P* of 0.45. The
resulting ABC of 1,180 mt is the summed contribution of the ABCs for
the component species. The ACL of 1,179 mt is the sum of the
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contribution for China rockfish where the 40-10
adjustment was applied to the ABC contribution for this stock
because it is in the precautionary zone. 4.1 mt is deducted from the
ACL to accommodate the incidental open access fishery (1.4 mt) and
research catch (2.7 mt), resulting in a fishery HG of 1,174.9 mt.
Blue/deacon rockfish south of 42[deg] N. lat. has a species-specific
HG set equal to the 40-10-adjusted ACL for the portion of the stock
north of 34[deg]27' N. lat. (250.3 mt) plus the ABC contribution for
the unassessed portion of the stock south of 34[deg]27' N. lat.
(60.8 mt). The California (i.e., south of 42[deg] N. lat.) blue/
deacon rockfish HG is 311.1 mt.
oo Minor Shelf Rockfish south. The OFL for the Minor
Shelf Rockfish complex south of 40[deg]10' N. lat. of 1,918 mt is
the sum of the OFL contributions for the component species within
the complex. The ABC for the southern Minor Shelf Rockfish complex
is based on a sigma value of 0.72 for category 2 stocks (i.e.,
greenspotted and greenstriped rockfish) and a sigma value of 1.44
for category 3 stocks (all others) with a P* of 0.45. The resulting
ABC of 1,625 mt is the summed contribution of the ABCs for the
component species. The ACL of 1,624 mt is the sum of contributing
ABCs of healthy assessed stocks and unassessed stocks, plus the ACL
contribution of greenspotted rockfish in California where the 40-10
adjustment was applied to the ABC contribution for this stock
because it is in the precautionary zone. 47.2 mt is deducted from
the ACL to accommodate the incidental open access fishery (8.6 mt),
EFP catch (30 mt), and research catch (8.6 mt), resulting in a
fishery HG of 1,576.8 mt.
pp Minor Slope Rockfish south. The OFL of 829 mt is
the sum of the OFL contributions for the component species within
the complex. The ABC for the southern Minor Slope Rockfish complex
is based on a sigma value of 0.39 for aurora rockfish, a sigma value
of 0.72 for category 2 stocks (blackgill rockfish, rougheye
rockfish, blackspotted rockfish, and sharpchin rockfish) and a sigma
value of 1.44 for category 3 stocks (all others) with a P* of 0.45.
A unique sigma of 0.39 was calculated for aurora rockfish because
the variance in estimated biomass was greater than the 0.36 used as
a proxy for other category 1 stocks. The resulting ABC of 719 mt is
the summed contribution of the ABCs for the component species. The
ACL of 709 mt is the sum of the contributing ABCs of healthy
assessed stocks and unassessed stocks, plus the ACL contribution of
blackgill rockfish where the 40-10 adjustment was applied to the ABC
contribution for this stock because it is in the precautionary zone.
20.2 mt is deducted from the ACL to accommodate the incidental open
access fishery (17.2 mt), EFP catch (1 mt), and research catch (2
mt), resulting in a fishery HG of 688.8 mt. Blackgill rockfish has a
stock-specific HG for the entire groundfish fishery south of
40[deg]10' N lat. set equal to the species' contribution to the 40-
10-adjusted ACL. Harvest of blackgill rockfish in all groundfish
fisheries counts against this HG of 122.4 mt. Nontrawl fisheries are
subject to a blackgill rockfish HG of 45.3 mt.
qq Other Flatfish. The Other Flatfish complex is
comprised of flatfish species managed in the PCGFMP that are not
managed with species-specific OFLs/ABCs/ACLs. Most of the species in
the Other Flatfish complex are unassessed and include: Butter sole,
curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole,
and rex sole. The Other Flatfish OFL of 9,690 mt is based on the sum
of the OFL contributions of the component stocks. The ABC of 7,281
mt is based on a sigma value of 0.72 for a category 2 stock (rex
sole) and a sigma value of 1.44 for category 3 stocks (all others)
with a P* of 0.40. The ACL is set equal to the ABC. The ACL is set
equal to the ABC because all of the assessed stocks (i.e., Pacific
sanddabs and rex sole) were above their target biomass of
B25. 204 mt is deducted from the ACL to
accommodate the Tribal fishery (60 mt), the incidental open access
fishery 125 mt), and research catch (19 mt), resulting in a fishery
HG of 7,077 mt.
rr Other Fish. The Other Fish complex is comprised of
kelp greenling coastwide, cabezon off Washington, and leopard shark
coastwide. The 2015 assessment for the kelp greenling stock off of
Oregon projected an estimated depletion of 80 percent. All other
stocks are unassessed. The OFL of 501 mt is the sum of the OFL
contributions for kelp greenling coastwide, cabezon off Washington,
and leopard shark coastwide. The ABC for the Other Fish complex is
based on a sigma value of 0.44 for kelp greenling off Oregon and a
sigma value of 1.44 for category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.44 was calculated for kelp greenling off
Oregon because the variance in estimated spawning biomass was
greater than the 0.36 sigma used as a proxy for other category 1
stocks. The resulting ABC of 441 mt is the summed contribution of
the ABCs for the component species. The ACL is set equal to the ABC
because all of the assessed stocks (kelp greenling off Oregon) were
above their target biomass of B40. There are no
deductions from the ACL so the fishery HG is equal to the ACL of 441
mt.
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0
13. In Sec. 660.130, paragraph (d)(1)(i) is revised to read as
follows:
Sec. 660.130 Trawl fishery-management measures.
* * * * *
(d) * * *
(1) * * *
(i) Coastwide. Widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish,
blue/deacon rockfish, minor nearshore rockfish, minor shelf rockfish,
minor slope rockfish, shortraker rockfish, rougheye/blackspotted
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose
skate, Pacific whiting, and big skate.
* * * * *
0
14. In Sec. 660.140, paragraphs (d)(1)(ii)(D) and (e)(4)(i) are
revised to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) For the trawl fishery, NMFS will issue QP based on the
following shorebased trawl allocations:
----------------------------------------------------------------------------------------------------------------
2017 2018
shorebased shorebased
IFQ species Area trawl trawl
allocation allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder.................. Coastwide................................ 11,050.6 10,992.6
BOCACCIO............................. South of 40[deg]10' N. lat............... 302.4 283.3
Canary rockfish...................... Coastwide................................ 1,014.1 1,014.1
Chilipepper.......................... South of 40[deg]10' N. lat............... 1,920.8 1,845.8
COWCOD............................... South of 40[deg]10' N. lat............... 1.40 1.40
DARKBLOTCHED ROCKFISH................ Coastwide................................ 507.6 518.4
Dover sole........................... Coastwide................................ 45,981.0 45,981.0
English sole......................... Coastwide................................ 9,258.6 6,953.0
Lingcod.............................. North of 40[deg]10' N. lat............... 1,359.7 1,259.32
Lingcod.............................. South of 40[deg]10' N. lat............... 558.9 510.75
Longspine thornyhead................. North of 34[deg]27' N. lat............... 2,699.8 2,560.2
Minor Shelf Rockfish complex......... North of 40[deg]10' N. lat............... 1,148.1 1,146.8
Minor Shelf Rockfish complex......... South of 40[deg]10' N. lat............... 192.2 192.4
Minor Slope Rockfish complex......... North of 40[deg]10' N. lat............... 1,268.8 1,268.0
Minor Slope Rockfish complex......... South of 40[deg]10' N. lat............... 432.7 433.9
Other Flatfish complex............... Coastwide................................ 7,455.4 6,349.3
Pacific cod.......................... Coastwide................................ 1,031.4 1,031.4
PACIFIC OCEAN PERCH.................. North of 40[deg]10' N. lat............... 198.3 198.3
Pacific whiting...................... Coastwide................................ .............. ..............
Petrale sole......................... Coastwide................................ 2,745.3 2,628.5
Sablefish............................ North of 36[deg] N. lat.................. 2,416.4 2,521.9
Sablefish............................ South of 36[deg] N. lat.................. 780.8 814.4
Shortspine thornyhead................ North of 34[deg]27' N. lat............... 1551.3 1,537.0
Shortspine thornyhead................ South of 34[deg]27' N. lat............... 50.0 50.0
Splitnose rockfish................... South of 40[deg]10' N. lat............... 1661.8 1,662.8
Starry flounder...................... Coastwide................................ 630.9 630.9
Widow rockfish....................... Coastwide................................ 11,392.7 10,661.5
YELLOWEYE ROCKFISH................... Coastwide................................ 1.10 1.10
Yellowtail rockfish.................. North of 40[deg]10' N. lat............... 4,246.1 4,075.4
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
(4) * * *
(i) Vessel limits. For each IFQ species or species group specified
in this paragraph, vessel accounts may not have QP or IBQ pounds in
excess of the QP vessel limit (annual limit) in any year, and, for
species covered by unused QP vessel limits (daily limit), may not have
QP or IBQ pounds in excess of the unused QP vessel limit at any time.
The QP vessel limit (annual limit) is calculated as all QPs transferred
in minus all QPs transferred out of the vessel account. The unused QP
vessel limits (daily limit) is calculated as unused available QPs plus
any pending outgoing transfer of QPs. Vessel Limits are as follows:
------------------------------------------------------------------------
Unused QP vessel
QP vessel limit limit (daily
Species category (annual limit) limit) (in
(in percent) percent)
------------------------------------------------------------------------
Arrowtooth flounder............... 20 .................
Bocaccio S. of 40[deg]10' N. lat.. 15.4 13.2
Canary rockfish................... 10 .................
Chilipepper S. of 40[deg]10' N. 15 .................
lat..............................
Cowcod S. of 40[deg]10' N. lat.... 17.7 17.7
Darkblotched rockfish............. 6.8 4.5
Dover sole........................ 3.9 .................
English sole...................... 7.5 .................
Lingcod:
N. of 40[deg]10' N. lat....... 5.3 .................
[[Page 9659]]
S. of 40[deg]10' N. lat....... 13.3 .................
Longspine thornyhead:
N. of 34[deg]27' N. lat....... 9 .................
Minor Shelf Rockfish complex:
N. of 40[deg]10' N. lat....... 7.5 .................
S. of 40[deg]10' N. lat....... 13.5 .................
Minor Slope Rockfish complex:
N. of 40[deg]10' N. lat....... 7.5 .................
S. of 40[deg]10' N. lat....... 9 .................
Other flatfish complex............ 15 .................
Pacific cod....................... 20 .................
Pacific halibut (IBQ) N. of 14.4 5.4
40[deg]10' N. lat................
Pacific ocean perch N. of 6 4
40[deg]10' N. lat................
Pacific whiting (shoreside)....... 15 .................
Petrale sole...................... 4.5 .................
Sablefish:
N. of 36[deg] N. lat. 4.5 .................
(Monterey north).............
S. of 36[deg] N. lat. 15 .................
(Conception area)............
Shortspine thornyhead:
N. of 34[deg]27' N. lat....... 9 .................
S. of 34[deg]27' N. lat....... 9 .................
Splitnose rockfish S. of 15 .................
40[deg]10' N. lat................
Starry flounder................... 20 .................
Widow rockfish.................... 8.5 5.1
Yelloweye rockfish................ 11.4 5.7
Yellowtail rockfish N. of 7.5 .................
40[deg]10' N. lat................
Non-whiting groundfish species.... 3.2 .................
------------------------------------------------------------------------
* * * * *
0
15. Table 1 (North) and 1 (South) to Part 660, Subpart D, are revised
to read as follows:
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0
16. In Sec. 660.230, paragraph (c)(2)(i) is revised to read as
follows:
Sec. 660.230 Fixed gear fishery-management measures.
* * * * *
(c) * * *
(2) * * *
(i) Coastwide--widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish,
blue/deacon rockfish, minor nearshore rockfish, minor shelf rockfish,
minor slope rockfish, shortraker rockfish, rougheye/blackspotted
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose
skate, big skate, and Pacific whiting;
* * * * *
0
17. In Sec. 660.231, paragraph (b)(3)(i) is revised to read as
follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to 3
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than 3 primary season sablefish cumulative limits in any
one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2017, the
following annual limits are in effect: Tier 1 at 45,120 lb (20,466 kg),
Tier 2 at 20,509 mt (9,303 kg), and Tier 3 at 11,720 lb (5,316 kg). In
2018 and beyond, the following annual limits are in effect: Tier 1 at
47,050 lb (21,342 kg), Tier 2 21,386 lb (9,701 kg), and Tier 3 12,221
lb (5,543 kg).
* * * * *
0
18. Tables 2 (North) and 2 (South) to Part 660, Subpart E, are revised
to read as follows:
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0
19. In Sec. 660.330, paragraph (c)(2)(i) is revised to read as
follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(c) * * *
(2) * * *
(i) Coastwide--widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish,
blue/deacon rockfish, minor nearshore rockfish, minor shelf rockfish,
minor slope rockfish, shortraker rockfish, rougheye/blackspotted
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other
fish, Pacific whiting, big skate, and Pacific sanddabs;
* * * * *
0
20. Tables 3 (North) and 3 (South) to Part 660, Subpart F, are revised
to read as follows:
[[Page 9666]]
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0
21. In Sec. 660.360, paragraphs (c)(1) introductory text,
(c)(1)(i)(D)(3), (c)(1)(ii), (c)(1)(iv)(A) and (B), (c)(2)(i)(A) and
(B), (c)(2)(iii)(A), (c)(2)(iii)(D), (c)(3) introductory text,
(c)(3)(i)(A), (c)(3)(ii)(A)(1) through (4), (c)(3)(ii)(B),
(c)(3)(iii)(A)(1) through (5), (c)(3)(iii)(B), (c)(3)(iv), and
(c)(3)(v)(A)(1) are revised to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is 12 groundfish per
day, including rockfish, cabezon and lingcod. Within the groundfish bag
limit, there are sub-limits for rockfish, lingcod, and cabezon outlined
in paragraph (c)(1)(i)(D) of this section. The recreational groundfish
fishery will open the second Saturday in March through the third
Saturday in October for all species in all areas except lingcod in
Marine Area 4 as described in paragraph (c)(1)(iv) of this section. In
the Pacific halibut fisheries, retention of groundfish is governed in
part by annual management measures for Pacific halibut fisheries, which
are published in the Federal Register. The following seasons, closed
areas, sub-limits and size limits apply:
(i) * * *
(D) * * *
(3) Between Leadbetter Point (46[deg]38.17' N. lat.) and the
Columbia River (Marine Area 1), when Pacific halibut are onboard the
vessel, no groundfish may be taken and retained, possessed or landed,
except sablefish, flatfish species (except halibut), and Pacific cod
from May 1 through September 30. Except that taking, retaining,
possessing or landing incidental halibut with groundfish on board is
allowed in the nearshore area on days not open to all-depth Pacific
halibut fisheries in the area shoreward of the boundary line
approximating the 30 fathom (55 m) depth contour extending from
Leadbetter Point, WA (46[deg]38.17' N. lat., 124[deg]15.88' W. long.)
to the Columbia River (46[deg]16.00' N. lat., 124[deg]15.88' W. long.)
and from there, connecting to the boundary line approximating the 40
fathom (73 m) depth contour in Oregon. Nearshore season days are
established in the annual management measures for Pacific halibut
fisheries, which are published in the Federal Register and are
announced on the NMFS halibut hotline, 1-800-662-9825. Between
Leadbetter Point (46[deg]38.17' N. lat. 124[deg]21.00' W. long) and
46[deg]33.00' N. lat. 124[deg]21.00' W. long., recreational fishing for
lingcod is prohibited year round seaward of a straight line connecting
all of the following points in the order stated: 46[deg]38.17' N. lat.,
124[deg]21.00' W. long.; and 46[deg]33.00' N. lat., 124[deg]21.00' W.
long.
(ii) Rockfish. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing, there is a 10 rockfish per day
bag limit. In Marine Areas 1 and 2 there is a 1 fish sub-bag limit per
day for canary rockfish. Taking and retaining canary rockfish is
prohibited in Marine Areas 3 and 4. Taking and retaining yelloweye
rockfish is prohibited in all Marine areas.
* * * * *
(iv) * * *
(A) Between the U.S./Canada border and 48[deg]10' N. lat. (Cape
Alava) (Washington Marine Area 4), recreational fishing for lingcod is
open,
[[Page 9669]]
for 2017 and 2018, from April 16 through October 15. Lingcod may be no
smaller than 22 inches (61 cm) total length.
(B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat.
(Columbia River) (Washington Marine Areas 1-3), recreational fishing
for lingcod is open for 2017 from March 11 through October 21, and for
2018 from March 10 through October 20. Lingcod may be no smaller than
22 inches (56 cm) total length.
* * * * *
(2) * * *
(i) * * *
(A) Stonewall Bank yelloweye rockfish conservation area.
Recreational fishing for groundfish and halibut is prohibited within
the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land groundfish taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not be in possession of any groundfish.
Recreational vessels may transit through the Stonewall Bank YRCA with
or without groundfish on board. The Stonewall Bank YRCA, and two
possible expansions that are available through inseason adjustment, are
defined by latitude and longitude coordinates specified at Sec.
660.70, subpart C.
(B) Recreational rockfish conservation area. Fishing for groundfish
with recreational gear is prohibited within the recreational RCA, a
type of closed area or GCA. It is unlawful to take and retain, possess,
or land groundfish taken with recreational gear within the recreational
RCA. A vessel fishing in the recreational RCA may not be in possession
of any groundfish. [For example, if a vessel fishes in the recreational
salmon fishery within the RCA, the vessel cannot be in possession of
groundfish while in the RCA. The vessel may, however, on the same trip
fish for and retain groundfish shoreward of the RCA on the return trip
to port.] Off Oregon, from April 1 through September 30, recreational
fishing for groundfish is prohibited seaward of a recreational RCA
boundary line approximating the 40 fm (73 m) depth contour, except that
fishing for flatfish (other than Pacific halibut) is allowed seaward of
the 40 fm (73 m) depth contour when recreational fishing for groundfish
is permitted. Coordinates for the boundary line approximating the 40 fm
(73 m) depth contour are listed at Sec. 660.71.
* * * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon and other groundfish
species. The bag limit of marine fish excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species and baitfish
(herring, smelt, anchovies and sardines). The minimum size for cabezon
retained in the Oregon recreational fishery is 16 in (41 cm) total
length.
* * * * *
(D) In the Pacific halibut fisheries. Retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. Between the
Columbia River and Humbug Mountain, during days open to the ``all-
depth'' sport halibut fisheries, when Pacific halibut are onboard the
vessel, no groundfish may be taken and retained, possessed or landed,
except sablefish, Pacific cod, and other species of flatfish (sole,
flounder, sanddab). ``All-depth'' season days are established in the
annual management measures for Pacific halibut fisheries, which are
published in the Federal Register and are announced on the NMFS Pacific
halibut hotline, 1-800-662-9825.
* * * * *
(3) California. Seaward of California, California law provides
that, in times and areas when the recreational fishery is open, there
is a 20 fish bag limit for all species of finfish, within which no more
than 10 fish of any one species may be taken or possessed by any one
person. [Note: There are some exceptions to this rule. The following
groundfish species are not subject to a bag limit: Petrale sole,
Pacific sanddab and starry flounder.] For groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish and the depth
restrictions at paragraph (c)(3)(i) of this section. Recreational
spearfishing for all federally-managed groundfish, is exempt from
closed areas and seasons, consistent with Title 14 of the California
Code of Regulations. This exemption applies only to recreational
vessels and divers provided no other fishing gear, except spearfishing
gear, is on board the vessel. California state law may provide
regulations similar to Federal regulations for the following state-
managed species: Ocean whitefish, California sheephead, and all
greenlings of the genus Hexagrammos. Kelp greenling is the only
federally-managed greenling. Retention of cowcod, yelloweye rockfish,
and bronzespotted rockfish, is prohibited in the recreational fishery
seaward of California all year in all areas. Retention of species or
species groups for which the season is closed is prohibited in the
recreational fishery seaward of California all year in all areas,
unless otherwise authorized in this section. For each person engaged in
recreational fishing in the EEZ seaward of California, the following
closed areas, seasons, bag limits, and size limits apply:
(i) * * *
(A) Recreational rockfish conservation areas. The recreational RCAs
are areas that are closed to recreational fishing for groundfish.
Fishing for groundfish with recreational gear is prohibited within the
recreational RCA, except that recreational fishing for ``other
flatfish,'' petrale sole, and starry flounder is permitted within the
recreational RCA as specified in paragraph (c)(3)(iv) of this section.
It is unlawful to take and retain, possess, or land groundfish taken
with recreational gear within the recreational RCA, unless otherwise
authorized in this section. A vessel fishing in the recreational RCA
may not be in possession of any species prohibited by the restrictions
that apply within the recreational RCA. [For example, if a vessel
fishes in the recreational salmon fishery within the RCA, the vessel
cannot be in possession of rockfish while in the RCA. The vessel may,
however, on the same trip fish for and retain rockfish shoreward of the
RCA on the return trip to port.] If the season is closed for a species
or species group, fishing for that species or species group is
prohibited both within the recreational RCA and shoreward of the
recreational RCA, unless otherwise authorized in this section.
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10' N. lat. (Northern Management Area), recreational fishing for
all groundfish (except petrale sole, starry flounder, and ``other
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is
prohibited seaward of the 30 fm (55 m) depth contour along the mainland
coast and along islands and offshore seamounts from May 1 through
October 31 (shoreward of 30 fm is open); is open at all depths from
November 1 through December 31; and is closed entirely from January 1
through April 30.
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for all groundfish (except
petrale sole, starry flounder, and ``other flatfish'' as specified in
paragraph (c)(3)(iv) of this section) is prohibited seaward of the 20
fm (37 m) depth contour along the mainland coast and along islands and
offshore seamounts from May 1 through October 31 (shoreward of 20 fm is
[[Page 9670]]
open), is open at all depths from November 1 through December 31, and
is closed entirely from January 1 through April 30.
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for all groundfish
(except petrale sole, starry flounder, and ``other flatfish'' as
specified in paragraph (c)(3)(iv) of this section) is prohibited
seaward of the boundary line approximating the 40 fm (73 m) depth
contour along the mainland coast and along islands and offshore
seamounts from April 15 through December 31; and is closed entirely
from January 1 through April 14. Closures around Cordell Banks (see
paragraph (c)(3)(i)(C) of this section) also apply in this area.
Coordinates for the boundary line approximating the 40 fm (73 m) depth
contour are listed in Sec. 660.71.
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for all groundfish (except
petrale sole, starry flounder, and ``other flatfish'' as specified in
paragraph (c)(3)(iv) of this section) is prohibited seaward of a
boundary line approximating the 50 fm (91 m) depth contour along the
mainland coast and along islands and offshore seamounts from April 1
through December 31; and is closed entirely from January 1 through
March 31 (i.e., prohibited seaward of the shoreline). Coordinates for
the boundary line approximating the 50 fm (91 m) depth contour are
specified in Sec. 660.72.
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for all groundfish (except California scorpionfish
as specified below in this paragraph and in paragraph (c)(3)(v) of this
section and ``other flatfish,'' petrale sole, and starry flounder, as
specified in paragraph (c)(3)(iv) of this section) is prohibited
seaward of a boundary line approximating the 60 fm (109.7 m) depth
contour from March 1 through December 31 along the mainland coast and
along islands and offshore seamounts, except in the CCAs where fishing
is prohibited seaward of the 20 fm (37 m) depth contour when the
fishing season is open (see paragraph (c)(3)(i)(B) of this section).
Recreational fishing for all groundfish (except California
scorpionfish, ``other flatfish,'' petrale sole, and starry flounder) is
closed entirely from January 1 through February 28 (i.e., prohibited
seaward of the shoreline). When the California scorpionfish fishing
season is open, recreational fishing for California scorpionfish south
of 34[deg]27' N. lat. is prohibited seaward of a boundary line
approximating the 60 fm (109.7 m) depth contour, except in the CCAs
where fishing is prohibited seaward of the 20 fm (37 m) depth contour.
* * * * *
(ii) * * *
(A) * * *
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10' N. lat. (North Management Area), recreational fishing for
the RCG complex is open from May 1 through December 31 (i.e., it's
closed from January 1 through April 30).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for the RCG Complex is open from
May 1 through October December 31 (i.e., it's closed from January 1
through April 30).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for the RCG complex is
open from April 15 through December 31 (i.e., it's closed from January
1 through April 14).
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for the RCG complex is open from
April 1 through December 31 (i.e., it's closed from January 1 through
March 31).
* * * * *
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex and lingcod. The bag
limit is 10 RCG Complex fish per day coastwide. Retention of yelloweye
rockfish, bronzespotted rockfish, and cowcod is prohibited. Within the
10 RCG Complex fish per day limit, no more than 3 may be black
rockfish, no more than 3 may be cabezon, and no more than 1 may be
canary rockfish. Multi-day limits are authorized by a valid permit
issued by California and must not exceed the daily limit multiplied by
the number of days in the fishing trip.
* * * * *
(iii) * * *
(A) * * *
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10' N. lat. (Northern Management Area), recreational fishing for
lingcod is open from May 1 through December 31 (i.e., it's closed from
January 1 through April 30).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for lingcod is open from May 1
through December 31 (i.e., it's closed from January 1 through April
30).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for lingcod is open
from April 15 through December 31 (i.e., it's closed from January 1
through April 14).
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for lingcod is open from April 1
through December 31 (i.e., it's closed from January 1 through March
31).
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for lingcod is open from March 1 through December
31 (i.e., it's closed from January 1 through February 28).
(B) Bag limits, hook limits. In times and areas when the
recreational season for lingcod is open, there is a limit of 2 hooks
and 1 line when fishing for lingcod. The bag limit is 2 lingcod per
day. Multi-day limits are authorized by a valid permit issued by
California and must not exceed the daily limit multiplied by the number
of days in the fishing trip.
* * * * *
(iv) ``Other flatfish,'' petrale sole, and starry flounder.
Coastwide off California, recreational fishing for ``other flatfish,''
petrale sole, and starry flounder, is permitted both shoreward of and
within the closed areas described in paragraph (c)(3)(i) of this
section. ``Other flatfish'' are defined at Sec. 660.11, subpart C, and
include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex
sole, rock sole, and sand sole. Recreational fishing for ``other
flatfish,'' petrale sole, and starry flounder, is permitted within the
closed areas. Petrale sole, starry flounder, and ``Other flatfish,''
except Pacific sanddab, are subject to the overall 20-fish bag limit
for all species of finfish, of which there may be no more than 10 fish
of any one species. There is no season restriction or size limit for
``other flatfish,'' petrale sole, and starry flounder however, it is
prohibited to filet ``other flatfish,'' petrale sole, and starry
flounder, at sea.
(v) * * *
(A) * * *
(1) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for California scorpionfish is
open from May 1 through August 31 (i.e., it's closed from January 1
through April 30 and from September 1 through December 31).
* * * * *
[FR Doc. 2017-02268 Filed 2-6-17; 8:45 am]
BILLING CODE 3510-22-P