[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Rules and Regulations]
[Pages 48656-48667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22695]
[[Page 48656]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-7010-02]
RIN 0648-BH20
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and
Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures.
-----------------------------------------------------------------------
SUMMARY: This final rule announces inseason changes to management
measures in the Pacific Coast groundfish fisheries. This action, which
is authorized by the Pacific Coast Groundfish Fishery Management Plan
(PCGFMP), is intended to allow fisheries to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective October 19, 2017.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491,
fax: 206-526-6736, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet at the Office of the
Federal Register Web site at https://www.federalregister.gov.
Background information and documents are available at the Pacific
Fishery Management Council's Web site at http://www.pcouncil.org/.
Background
The PCGFMP and its implementing regulations at title 50 in the Code
of Federal Regulations (CFR), part 660, subparts C through G, regulate
fishing for over 90 species of groundfish off the coasts of Washington,
Oregon, and California. Groundfish specifications and management
measures are developed by the Pacific Fishery Management Council
(Council), and are implemented by NMFS.
The final rule to implement the 2017-2018 harvest specifications
and management measures for most species of the Pacific coast
groundfish fishery was published on February 7, 2017 (82 FR 9634).
The Council, in coordination with Pacific Coast Treaty Indian
Tribes and the States of Washington, Oregon, and California,
recommended three changes to current groundfish management measures at
its September 11-18, 2017 meeting. The changes the Council recommended
include: (1) Increasing the sablefish trip limits in the limited entry
fixed gear (LEFG) and open access (OA) sablefish daily trip limit (DTL)
fisheries north of 36[deg] North latitude (N. lat.), (2) adding a
reference to the current lingcod size limits in the trip limit table
for the trawl fishery, and (3) implementing depth restrictions in the
California recreational fishery.
LEFG and OA Sablefish DTL Fisheries North of 36[deg] N. Lat.
To increase harvest opportunities for LEFG and OA sablefish DTL
fisheries north of 36[deg] N. lat., the Council recommended increases
to sablefish trip limits for all remaining periods in 2017. Trip limits
for LEFG and OA sablefish DTL fisheries have been designated at 50 CFR
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP as routine
management measures.
Sablefish are distributed coastwide with harvest specifications
split north and south of 36[deg] N. lat. Trip limit increases, for
species such as sablefish, are intended to increase attainment of the
non-trawl harvest guideline (HG).
To assist the Council in evaluating the increases to sablefish trip
limits, the Groundfish Management Team (GMT) made model-based landings
projections for the LEFG and OA sablefish DTL fisheries north of
36[deg] N. lat. for the remainder of this year. These projections were
based on the most recent information available. The model predicts
harvest of 76 percent (194 mt) of the LEFG harvest guideline (HG) (258
mt) and harvest of 77 percent (326 mt) of the OA sablefish DTL fishery
HG (425 mt) under the current limits through the end of the year. With
the recommended increase in sablefish trip limits, the projected
harvest is 80 percent (206.9 mt) of the LEFG HG (258 mt) and 88 percent
(374 mt) of the OA sablefish DTL fishery HG (425 mt) through the end of
the year. This increase in trip limits does not change projected
impacts to co-occurring overfished species from those anticipated in
the 2017-18 harvest specifications and management measures, as the
projected impacts to those species assume that the entire sablefish ACL
is harvested. Finally, projections for the LEFG sablefish fisheries
south of 36[deg] N. lat. are similar to levels anticipated in the 2017-
18 harvest specifications and management measures, and no requests were
made by industry for changes; therefore, no inseason actions were
considered. Therefore, the Council recommended and NMFS is
implementing, by modifying Tables 2 (North and South) to part 660,
subpart E, trip limit changes for the LEFG sablefish DTL fisheries
north of 36[deg] N. lat. The trip limits for sablefish in the LEFG
fishery north of 36[deg] N. lat. increase from ``1,100 lb (499 kg) per
week, not to exceed 3,300 lb (1,497 kg) per two months'' to ``1,500 lb
(680 kg) per week, not to exceed 4,500 lb (2,041 kg) per two months''
beginning in period 5 through the end of the year.
The Council also recommended and NMFS is implementing, by modifying
Tables 3 (North and South) to part 660, subpart F, trip limits for
sablefish in the OA sablefish DTL fishery north of 36[deg] N. lat., an
increase from ``300 lb (136 kg) per day, or one landing per week of up
to 1,000 lb (454 kg), not to exceed 2,000 lb (907 kg) per two months''
to ``300 lb (136 kg) per day, or one landing per week of up to 1,300 lb
(590 kg), not to exceed 2,600 lb (1,179 kg) per two months'' beginning
in period 5 through the end of the year.
Clarification on Lingcod Size Limits for the Shorebased Individual
Fishing Quota (IFQ) Program
At the September Council meeting, members of the Enforcement
Consultants (EC) noted confusion with regards to size limits for
lingcod, an IFQ species, caught with trawl gear in the Shorebased IFQ
Program north and south of 42[deg] N. lat. Currently, lingcod size
limits apply, per regulations at Sec. 660.60(h)(5)(ii)(B)(2). However,
members of the EC and the public have commented that it can be
difficult to find the regulations, and that they could be
misinterpreted. Therefore, the Council recommended that NMFS include a
reference to the current lingcod size limits (22 inches for north of
42[deg] N. lat. and 24 inches for south of 42[deg] N. lat.) in Tables 1
(North and South), part 660, subpart D. However, Tables 1 (North and
South) do not provide any information regarding IFQ species (e.g. size
limits, landing limits, vessel limits, etc.). These tables describe
rockfish conservation areas for vessels using groundfish trawl gear and
incidental landing allowances for non-IFQ species (for vessels
registered to a limited entry trawl permit and using groundfish trawl
or groundfish non-trawl gears to harvest IFQ species). NMFS thought it
might cause confusion to intermingle IFQ species size limits in the
tables that describe non-IFQ species
[[Page 48657]]
trip limits and trawl rockfish conservation area boundaries. However,
consistent with the intent to clarify the applicable size limits for
lingcod harvested in the Shorebased IFQ Program, NMFS is clarifying
regulations at Sec. 660.60(h)(5)(ii)(B)(2).
Size limits are designated as routine management measures at Sec.
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP. Based on the
reasons stated above, instead of including a reference to lingcod size
limits in Tables 1 (North and South), NMFS is making clarifying edits
to existing regulations at Sec. 660.60(h)(5)(ii)(B), which is the
section of the regulations describing weight conversions and size
limits for the Shorebased IFQ Program. The change to the regulations
includes a clear reference to the lingcod size limits for north and
south of 42[deg] N. lat. for the Shorebased IFQ Program for both the
whole fish and fish with the head removed.
California Recreational Fishery Management Measures
In June 2016, the Council recommended Oregon and California
recreational groundfish regulations for 2017 and 2018. At that time,
management measures were anticipated to keep recreational catch within
HGs and targets. However, recently, recreational fisheries in both
Oregon and California have experienced higher than expected mortality
for certain species. These species include black rockfish and cabezon
in Oregon only, as well as yelloweye rockfish in both Oregon and
California. The higher mortality has likely been the result of more
favorable weather conditions experienced over the past few months, as
well as increased fishing for groundfish due to a decline in salmon
harvest opportunities due to the status of salmon stocks. Because of
these factors, effort and impacts have been higher than originally
projected, and will approach and/or exceed relevant state HGs. The
state of Oregon has recently taken action through their state processes
to address the higher than anticipated harvest in their recreational
fisheries. California, however, relies on modifications to the federal
regulations to address their higher than anticipated harvest. Inseason
changes to depth restrictions for the California recreational fishery
are designated at Sec. 660.60(c)(3)(i) and in Section 6.2.1 of the
PCGFMP as routine management measures.
At the September Council meeting, the GMT was informed that
California was experiencing higher than projected recreational harvest
of yelloweye rockfish. The California Department of Fish and Wildlife
(CDFW) stated in their report (September 2017 Council Meeting, Agenda
Item E.10.a, Supplemental CDFW Report 1) that information through
September 10, 2017 suggested that, without intervention to reduce
encounters, the California recreational harvest of yelloweye rockfish
would exceed the state's HG by 15 percent, or almost 0.6 mt over their
3.9 mt HG. Based on this new information, the GMT conducted model-based
runs for two alternative season structures that included depth-based
area closures for October-December. The model determined that by
restricting the depths at which fishing may occur, CDFW could reduce
the projected impacts to yelloweye rockfish by 0.3-0.4 mt.
Therefore, the Council recommended and NMFS is implementing,
through modifications to regulations at Sec. 660.360(c)(3)(i)(A)(1)
through (4), more restrictive depth closures for 4 of the 5 California
recreational fishery management areas. The Council did not recommend a
change for the Southern Management Area (south of 34[deg]27' N. lat.)
at this time, which is already restricted to waters deeper than the 60
fm depth contour.
Under the current regulations, recreational fishing is restricted
by depth in the Northern and Mendocino Management Areas during May
through October 31; with all depths open for November and December.
With the implementation of this rule, recreational fishing in this
management area will be restricted from mid-October through the end of
the year to shoreward of the 20 fm depth contour. Additionally,
recreational fishing is currently restricted to shoreward of the 40 fm
depth contour in the San Francisco Management Area and the 50 fm depth
contour in the Central Management Area. Through this rule, recreational
fishing will be further restricted between October 16 and December 31
in these areas. Beginning October 16 in the San Francisco Management
Area, recreational fishing will be prohibited seaward of the 30 fm
depth contour and the 40 fm depth contour in the Central Management
Area.
More restrictive depth restrictions are intended to allow some
recreational fishing to continue to occur while reducing catch of
overfished yelloweye rockfish and keeping projected total catch through
the end of the year below the ACL. According to the most recent data,
even taking into account the overages in Oregon and California, there
is an approximately 1.3 mt residual amount of yelloweye rockfish from
the off-the-top deductions that were made through the biennial
specifications process, including 0.4 mt that was not allocated at the
beginning of the biennium, 0.9 mt from research which is projected to
go unused, and 0.3 mt from incidental open access that is projected to
go unused. Therefore, even if California takes an additional 0.6 mt
over their 3.9 mt allocation, there is an extremely low risk of
exceeding the ACL.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best available information,
consistent with the PCGFMP and its implementing regulations.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based are available
for public inspection at the Office of the Administrator, West Coast
Region, NMFS, during business hours.
NMFS finds good cause to waive prior public notice and comment on
the revisions to groundfish management measures under 5 U.S.C. 553(b)
because notice and comment would be impracticable and contrary to the
public interest. Also, for the same reasons, NMFS finds good cause to
waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3),
so that this final rule may become effective October 19, 2017. The
adjustments to management measures in this document affect commercial
fisheries in Washington, Oregon and California and recreational
fisheries in California. No aspect of this action is controversial, and
changes of this nature were anticipated in the biennial harvest
specifications and management measures established through a notice and
comment rulemaking for 2017-18.
Accordingly, for the reasons stated below, NMFS finds good cause to
waive prior notice and comment and to waive the delay in effectiveness.
LEFG and OAFG DTL Sablefish Fisheries North of 36[deg] N. Lat.
At its September 2017 Council meeting, the Council recommended an
increase to LEFG and OA sablefish north of 36[deg] N. lat. trip limits
be implemented as quickly as possible to allow harvest of sablefish to
approach but not exceed the 2017 ACL. There was not sufficient time
after that meeting to undergo proposed and final rulemaking before this
action needs to be in effect. Affording the time necessary for prior
[[Page 48658]]
notice and opportunity for public comment would prevent NMFS from
managing the LEFG and OA fixed gear sablefish DTL fishery using the
best available science to approach, without exceeding, the ACLs for
federally managed species in accordance with the PCGFMP and applicable
law. These increases to trip limits must be implemented as quickly as
possible during the two-month cumulative limit period to allow LEFG and
OAFG fishermen an opportunity to harvest higher limits for sablefish
without exceeding the ACL north of 36[deg] N. lat.
It is in the public interest for fishermen to have an opportunity
to harvest the sablefish ACL north of 36[deg] N. lat. because the
sablefish fishery contributes revenue to the coastal communities of
Washington, Oregon, and California. This action, if implemented
quickly, is anticipated to allow catch of sablefish through the end of
the year to approach but not exceed the ACL, and allows harvest as
intended by the Council, consistent with the best scientific
information available.
Clarification on Lingcod Size Limits for the Shorebased IFQ Program
At its September Council meeting, the Council recommended NMFS
include a reference to the lingcod size limits for north and south of
42[deg] N. lat. in the trip limit tables for the limited entry trawl
fishery, Tables 1 (North and South). After additional consideration,
NMFS is clarifying existing regulations instead of adding a reference
to the trip limit tables for the reasons mentioned in the above
section. There was not sufficient time after the Council meeting to
undergo proposed and final rulemaking before this action needs to be in
effect. Affording the time necessary for prior notice and opportunity
for public comment would not be in the public interest for fishermen or
the public. Fisherman knowing and abiding by the correct size limits in
regulation protects small and juvenile fish and prevents unintended
impacts to the stock. This action, if implemented quickly, is
anticipated to make the lingcod size limits clearer for fishermen and
the NOAA Office of Law Enforcement as well as state enforcement
agencies, which will help them to abide by all federal size limits for
lingcod, and is consistent with the best scientific information
available.
California Recreational Fishery Management Measures
At its September Council meeting, the Council recommended changes
to the depth restrictions for recreational fishery management areas off
of California be implemented as soon as possible to prevent further
exceedance of the state HG for yelloweye rockfish (3.9 mt) while still
providing recreational fishing opportunity to that sector. There was
not sufficient time after that meeting to undergo proposed and final
rulemaking before this action needs to be in effect. Affording the time
necessary for prior notice and opportunity for public comment would
prevent NMFS and California from managing the California recreational
sector using the best available science to address exceedance of the
State's yelloweye rockfish HG, keep catch through the end of the year
within the rebuilding ACL, while allowing harvest opportunites as
intended by the Council and in accordance with the PCGFMP and
applicable law. These depth-based restrictions will move vessels to
shallower waters where they are less likely to encounter yelloweye
rockfish, while also providing the recreational fishing opportunity
that benefits local communities.
It is in the public interest in California to allow the
recreational fishery to remain open for the remainder of the year.
Recreational fishing in California contributes revenue to the coastal
communities of that state, and closing the fishery for the remainder of
the year would cause adverse economic impacts to those communities.
This action, if implemented quickly, is anticipated to provide
recreational fishing opportunity for the duration of the year, keep the
yelloweye rockfish harvest within the federal ACL, and is consistent
with the best scientific information available.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: October 16, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.60, paragraphs (h)(5)(ii)(B) introductory text,
(h)(5)(ii)(B)(2) introductory text, and (h)(5)(ii)(B)(2)(i) and (ii)
are revised to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
(5) * * *
(ii) * * *
(B) Shorebased IFQ Program. For vessels landing sorted catch, the
weight conversions for purposes of applying QP and size limits are
provided in paragraphs (h)(5)(ii)(B)(2)(i) through (iii) of this
section.
* * * * *
(2) Lingcod. The following conversions and size limits apply:
(i) The minimum size limit for lingcod North of 42[deg] N. lat. is
22 inches (56 cm) total length for whole fish, which corresponds to 18
inches (46 cm) with the head removed.
(ii) The minimum size limit for lingcod South of 42[deg] N. lat. is
24 inches (61 cm) total length for whole fish, which corresponds to
19.5 inches (49.5 cm) with the head removed.
* * * * *
0
3. Table 2 (North) and Table 2 (South) to part 660, subpart E are
revised to read as follows:
BILLING CODE 3510-22-P
[[Page 48659]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.000
[[Page 48660]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.001
[[Page 48661]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.002
[[Page 48662]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.003
0
4. Table 3 (North) and Table 3 (South) to part 660, subpart F are
revised to read as follows:
[[Page 48663]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.004
[[Page 48664]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.005
[[Page 48665]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.006
[[Page 48666]]
[GRAPHIC] [TIFF OMITTED] TR19OC17.007
0
5. In Sec. 660.360, paragraphs (c)(3)(i)(A)(1) through (4) are revised
to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(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 15 (shoreward of 30 fm is open); is prohibited seaward of the
20 fm (37 m) depth contour along the mainland coast and along islands
and offshore seamounts from October 16 through December 31 (shoreward
of 20 fm is open); and is closed entirely from January 1 through April
30. Coordinates for the boundary line approximating the 20 (37 m) and
30 fm (55 m) depth contours are listed in Sec. 660.71.
(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 December 31 (shoreward of 20 fm
is open), and is closed entirely from January 1 through April 30.
Coordinates for the boundary line approximating the 20 fm depth contour
are listed in Sec. 660.71.
(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 October 15; is prohibited seaward of
the boundary line approximating the 30 fm (55 m) depth contour along
the mainland coast and along islands and offshore seamounts from
October 16 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 30 (55 m) and 40 fm (73 m) depth
contours 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
[[Page 48667]]
from April 1 through October 15; is prohibited seaward of a boundary
line approximating the 40 fm (73 m) depth contour along the mainland
coast and along islands and offshore seamounts from October 16 through
December 31and is closed entirely from January 1 through March 31
(i.e., prohibited seaward of the shoreline). Coordinates for the
boundary line approximating the 40 fm (73 m) depth contour are
specified at Sec. 660.71 and the 50 fm (91 m) depth contour are
specified in Sec. 660.72.
* * * * *
[FR Doc. 2017-22695 Filed 10-18-17; 8:45 am]
BILLING CODE 3510-22-C