[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60567-60570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-799-03]
RIN 0648-BG17
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and
Management Measures; Amendment 27; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: This action corrects the 2017-18 harvest specifications and
management measures final rule that published on February 7, 2017. That
rule established 2017-18 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. That action also included regulations to implement Amendment 27
to the PCGFMP, which added deacon rockfish to the PCGFMP, reclassified
big skate as an actively managed stock, added a new inseason management
process for commercial and recreational groundfish fisheries in waters
off California, and made several clarifications to existing
regulations. This action fixes errors in 2017-18 harvest specifications
and management measures final rule by correcting the definition of
ecosystem component species to remove big skates, making three
corrections related to the recreational groundfish retention
[[Page 60568]]
regulations in effect in waters off California, making a correction to
the groundfish retention regulations in the limited entry fixed gear
and in the open access fisheries, and correcting the unit of weight
used to set the sablefish cumulative limit for Tier 2 of the limited
entry fixed gear sablefish fishery.
DATES: Effective December 21, 2017.
ADDRESSES: Information relevant to the February 7, 2017, final rule (82
FR 9634) 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 website: http://www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, 206-526-4655, fax: 206-
526-6736, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The February 7, 2017, final rule (82 FR 9634) set groundfish
harvest specifications for 2017-18 (overfishing limits, acceptable
biological catches, and annual catch limits (ACLs)) and established
management measures designed to keep catch within the ACLs. As part of
that final rule, consistent with the Council's recommendations and
described in the preamble to that rule, NMFS implemented Amendment 27
to the PCGFMP. This action makes corrections to the implementing
regulations for two components of Amendment 27: (1) Reclassification of
big skate from an ecosystem component species to ``in the fishery'' and
(2) the update of several sections of the PCGFMP to reflect that canary
rockfish and petrale sole were declared rebuilt. This action makes
corrections in certain provisions of the recreational groundfish
retention regulations in effect in waters off California and the
groundfish retention regulations in the limited entry fixed gear and
open access fisheries, as amended in the February 7, 2017, final rule
to reflect the rebuilt status of canary rockfish and petrale sole. In
addition, this action makes two minor, technical corrections to the
regulations implementing the 2017-18 harvest specifications by
correcting the unit of weight used to set the sablefish cumulative
limit for Tier 2 of the limited entry fixed gear sablefish fishery, and
by correcting a typographical error in the season dates for the
Mendocino Management Area recreational fisheries.
Need for Correction
Reclassification of Big Skate
The February 7, 2017, final rule made several changes necessary to
reclassify big skate from an ecosystem component species to ``in the
fishery,'' however, one necessary change was mistakenly omitted. In 50
CFR 660.11, the definition of ``groundfish'' includes a separate
listing of the species included in the ecosystem component. Big skate
was mistakenly not removed from that ecosystem component definition.
Big skate was correctly listed in the definition under the skates
category within the definition of ``groundfish,'' at 50 CFR 660.11,
Groundfish (2) Skates. This rule will remove big skate from the
ecosystem component category under the definition of ``groundfish,'' at
50 CFR 660.11, Groundfish (10) Ecosystem component species.
California Recreational Fishery Management Measures
NMFS is making three corrections to groundfish recreational fishery
regulations in effect off of California. As noted above, one of the
components of Amendment 27 was to amend the PCGFMP to reflect that
canary rockfish and petrale sole were declared rebuilt. As a result of
the rebuilt status of the canary rockfish and petrale sole fisheries,
the State of California relaxed some of its restrictions on retention
in the recreational fisheries. As noted in the proposed rule and the
February 7, 2017, final rule, NMFS intended the federal regulations to
be consistent with the changes in the California state restrictions.
However, while the February 7, 2017, final rule correctly updated the
federal regulations to remove the prohibition on retention of canary
rockfish for the Washington state recreational fisheries, the final
rule mistakenly did not remove the prohibition on retention of canary
rockfish for recreational fisheries off of California and the Cowcod
Conservation Area (50 CFR 660.360(c)(3)(i)(B)). This inadvertent
omission is inconsistent with the Council's intent in making its
recommendation for the 2017-18 harvest specifications and management
measures. Therefore, this correcting action will update Sec.
660.360(c)(3)(i)(B) to reflect the rebuilt status of canary rockfish.
Additionally, in the preamble to the proposed rule (81 FR 75266,
75282; Oct. 28, 2016), NMFS noted that the rule would remove petrale
sole and starry flounder from the California recreational season and
depth restrictions, which are management measures to reduce regulatory
discards. This change allows anglers to retain petrale sole and starry
flounder year round without depth constraint. The February 7, 2017,
final rule correctly revised Sec. 660.360(c)(3) to note the exception
for petrale sole and starry flounder. However, paragraphs (c)(3)(i)(B),
(c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 were not similarly
revised. Consistent with the revisions already made to paragraph
(c)(3), this correcting action revises paragraphs, (c)(3)(i)(B),
(c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 to exempt petrale sole
and starry flounder from the season and depth restrictions for
recreational fisheries off of California.
Finally, NMFS is correcting the season dates for the Mendocino
Management Area under Sec. 660.360(c)(3)(ii)(A)(2). The final rule
incorrectly stated that the season is open ``May 1 through October
December 31,'' but correctly stated that the season is closed January 1
through April 30. This rule will correct the mistake by deleting the
extra word ``October'' so that the correct open season is reflected in
the language, ``May 1 through December 31.''
Fixed Gear Limited Entry and Open Access Fishery Management Measures
As a result of canary rockfish being rebuilt, NMFS relaxed some of
the restrictions on retention in the limited entry fixed gear and open
access fisheries. However, the February 7, 2017, final rule, as it
pertained to the groundfish limited entry fixed gear fishery ((50 CFR
660.230(a)) and to the open access fishery (50 CFR 660.330(a)),
mistakenly did not update the federal regulations to remove the
prohibition on retention of canary rockfish, even though NMFS set trip
limits for canary rockfish in the limited entry fixed gear fishery in
Table 2 to Part 660, Subpart E, and in the open access fishery in Table
3 to Part 660, Subpart F. This was inconsistent with the Council's
intent in its recommendation of the 2017-18 harvest specifications and
management measures. This rule will update both Sec. 660.230(a) and
Sec. 660.330(a) to reflect the rebuilt status of canary rockfish.
Limited Entry Fixed Gear Sablefish Cumulative Limit
The February 7, 2017, final rule included the cumulative limits for
each of the three tiers of the limited entry
[[Page 60569]]
fixed gear sablefish primary fishery for both 2017 and 2018.
Inadvertently, the cumulative limit for Tier 2 in 2017 was expressed in
metric tons instead of in pounds. The final rule read ``20,509 mt''
(9,303 kg) instead of ``20,509 lbs'', which is the true equivalent of
9,303 kg. This rule corrects this error by stating that the Tier 2
cumulative limit for 2017 is ``20,509 lbs (9,303 kg)'' in 50 CFR
660.231(b)(3)(i).
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds that
pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and would be contrary to the public
interest. This correcting action is consistent with harvest
specification and management measures recommended by the Council and
described in the preambles to the proposed rule (81 FR 75266; Oct. 28,
2016) and final rule (81 FR 9634; Feb. 7, 2017) implementing Amendment
27 to the PCGFMP. Because the corrections included in this rule are
consistent with actions on which NMFS has already requested and
considered public comments, further notice and opportunity for public
comment on this action is unnecessary. It would be contrary to the
public interest to delay implementation of the minor corrections in
this rule, because this correcting action will reduce confusion caused
by unintentional technical errors, some of which also appear to create
inconsistency between state and federal regulations. For the reasons
above, the AA also finds good cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness and makes this rule effective
immediately upon publication. This rule is exempt from the procedures
of the Regulatory Flexibility Act (RFA) because the rule is issued
without opportunity for prior notice and opportunity for public
comment. Therefore, RFA analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 15, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
corrected by making the following correcting amendments:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for 50 CFR 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, revise paragraph (10) of the definition for
``Groundfish'' to read as follows:
Sec. 660.11 General definitions.
* * * * *
Groundfish * * *
* * * * *
(10) ``Ecosystem component species'' means species that are
included in the PCGFMP but are not ``in the fishery'' and therefore not
actively managed and do not require harvest specifications. Ecosystem
component species are not targeted in any fishery, not generally
retained for sale or personal use, and are not determined to be subject
to overfishing, approaching an overfished condition, or overfished, nor
are they likely to become subject to overfishing or overfished in the
absence of conservation and management measures. Ecosystem component
species include: All skates listed here in paragraph (2), except
longnose skate and big skate; all grenadiers listed here in paragraph
(5); soupfin shark; ratfish; and finescale codling.
* * * * *
0
3. In Sec. 660.230, revise paragraph (a) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in Tables 2 (North) and 2 (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in Tables 2 (North) and 2 (South) of this subpart and sablefish
primary season details in Sec. 660.231), gear restrictions (see
paragraph (b) of this section), and closed areas (see paragraph (d) of
this section and Sec. Sec. 660.70 through 660.79). Cowcod retention is
prohibited in all fisheries, and groundfish vessels operating south of
Point Conception must adhere to CCA restrictions (see paragraph (d)(10)
of this section and Sec. 660.70). Yelloweye rockfish retention is
prohibited in the limited entry fixed gear fisheries. Regulations
governing and tier limits for the limited entry, fixed gear sablefish
primary season north of 36[deg] N lat. are found in Sec. 660.231.
Vessels not participating in the sablefish primary season are subject
to daily or weekly sablefish limits in addition to cumulative limits
for each cumulative limit period. Only one sablefish landing per week
may be made in excess of the daily trip limit and, if the vessel
chooses to make a landing in excess of that daily trip limit, then that
is the only sablefish landing permitted for that week. The trip limit
for black rockfish caught with hook-and-line gear also applies, see
Sec. 660.230(e). The trip limits in Table 2 (North) and Table 2
(South) of this subpart apply to vessels participating in the limited
entry groundfish fixed gear fishery and may not be exceeded. Federal
commercial groundfish regulations are not intended to supersede any
more restrictive state commercial groundfish regulations relating to
federally-managed groundfish.
* * * * *
0
4. In Sec. 660.231, revise paragraph (b)(3)(i) 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 lb (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),
[[Page 60570]]
Tier 2 21,386 lb (9,701 kg), and Tier 3 12,221 lb (5,543 kg).
* * * * *
0
5. In Sec. 660.330, revise paragraph (a) to read as follows:
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in Tables 3
(North) and 3 (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel
operating in the open access fishery is subject to, and must not exceed
any trip limit, frequency limit, and/or size limit for the open access
fishery. Cowcod retention is prohibited in all fisheries and groundfish
vessels operating south of Point Conception must adhere to CCA
restrictions (see paragraph (d)(11) of this section and Sec. 660.70).
Retention of yelloweye rockfish is prohibited in all open access
fisheries. For information on the open access daily/weekly trip limit
fishery for sablefish, see Sec. 660.332 of this subpart and the trip
limits in Tables 3 (North) and 3 (South) of this subpart. Open access
vessels are subject to daily or weekly sablefish limits in addition to
cumulative limits for each cumulative limit period. Only one sablefish
landing per week may be made in excess of the daily trip limit and, if
the vessel chooses to make a landing in excess of that daily trip
limit, then that is the only sablefish landing permitted for that week.
The trip limit for black rockfish caught with hook-and-line gear also
applies, see paragraph (e) of this section. Open access vessels that
fish with non-groundfish trawl gear or in the salmon troll fishery
north of 40[deg]10' N lat. are subject the cumulative limits and closed
areas (except the pink shrimp fishery which is not subject to RCA
restrictions) listed in Tables 3 (North) and 3 (South) of this subpart.
Federal commercial groundfish regulations are not intended to supersede
any more restrictive state commercial groundfish regulations relating
to federally managed groundfish.
0
6. In Sec. 660.360, revise paragraphs (c)(3)(i)(B) and (C),
(c)(3)(ii)(A)(2), and (c)(3)(iv) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
(c) * * *
(3) * * *
(i) * * *
(B) Cowcod conservation areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.70. In general, recreational fishing for all
groundfish is prohibited within the CCAs, except that fishing for
petrale sole, starry flounder, and ``other flatfish'' is permitted
within the CCAs as specified in paragraph (c)(3)(iv) of this section.
However, recreational fishing for the following species is permitted
shoreward of the 20 fm (37 m) depth contour when the season for those
species is open south of 34[deg]27' N lat.: Minor nearshore rockfish,
cabezon, kelp greenling, lingcod, California scorpionfish, shelf
rockfish, petrale sole, starry flounder, and ``other flatfish''
(subject to gear requirements at paragraph (c)(3)(iv) of this section
during January-February). Retention of yelloweye rockfish,
bronzespotted rockfish and cowcod is prohibited within the CCA. [Note:
California state regulations also permit recreational fishing for
California sheephead, ocean whitefish, and all greenlings of the genus
Hexagrammos shoreward of the 20 fm (37 m) depth contour in the CCAs
when the season for the RCG complex is open south of 34[deg]27' N lat.]
It is unlawful to take and retain, possess, or land groundfish within
the CCAs, except for species authorized in this section.
(C) Cordell Banks. Recreational fishing for groundfish is
prohibited in waters less than 100 fm (183 m) around Cordell Banks as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C, except that recreational fishing for petrale sole, starry
flounder, and ``other flatfish'' is permitted around Cordell Banks as
specified in paragraph (c)(3)(iv) of this section. [Note: California
state regulations also prohibit fishing for all greenlings of the genus
Hexagrammos, California sheephead and ocean whitefish.]
* * * * *
(ii) * * *
(A) * * *
(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 December 31 (i.e., it's closed from January 1 through
April 30).
* * * * *
(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. ``Other flatfish,'' except for Pacific sanddab, petrale
sole, and starry flounder, 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.
* * * * *
[FR Doc. 2017-27450 Filed 12-20-17; 8:45 am]
BILLING CODE 3510-22-P