[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47322-47327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19445]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-BC36


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Biennial Specifications and Management Measures; Inseason Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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SUMMARY: This final rule announces inseason changes to management 
measures in the Pacific Coast groundfish fisheries. This action, which 
is authorized by the Pacific Coast

[[Page 47323]]

Groundfish Fishery Management Plan (FMP), is intended to allow 
fisheries to access more abundant groundfish stocks while protecting 
overfished and depleted stocks.

DATES: Effective 0001 hours (local time) September 1, 2012.

FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS), 
phone: 206-526-6117, fax: 206-526-6736, [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/.

Background

    The Pacific Coast Groundfish FMP 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.
    On November 3, 2010, NMFS published a proposed rule to implement 
the 2011-2012 harvest specifications and management measures for most 
species of the Pacific Coast groundfish fishery (75 FR 67810). The 
final rule to implement the 2011-12 harvest specifications and 
management measures for most species of the Pacific Coast Groundfish 
Fishery was published on May 11, 2011 (76 FR 27508). This final rule 
was subsequently amended by several inseason actions (76 FR 39313, 76 
FR 67092, 76 FR 79122, 77 FR 12503, 77 FR 22679, 77 FR 24634). On 
September 27, 2011, NMFS published a proposed rule to implement final 
2012 specifications for overfished species and assessed flatfish 
species pursuant to Secretarial Amendment 1 to the Groundfish FMP (76 
FR 59634). That final rule was effective January 1, 2012. These 
specifications and management measures are codified in the CFR (50 CFR 
part 660, subparts C through G).
    Changes to current groundfish management measures implemented by 
this action were recommended by the Council, in consultation with 
Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California, at its June 20-June 25, 2012 meeting. The 
Council recommended adjusting the biennial groundfish management 
measures for the remainder of the biennial period to respond to updated 
fishery information and additional inseason management needs. The 
adjustment to fishery management measures are not expected to result in 
greater impacts to overfished species than originally projected through 
the end of 2012. Estimated mortality of overfished and target species 
are the result of management measures designed to achieve, to the 
extent possible, but not exceed, annual catch limits (ACLs) of target 
species while fostering the rebuilding of overfished stocks by 
remaining within their rebuilding ACLs.

Limited Entry (LE) Fixed Gear Fishery Management Measures

Sablefish Daily Trip Limit (DTL) Trip Limits North of 36[deg] N. Lat.

    To ensure that harvest opportunities for this stock do not exceed 
the LE fixed gear sablefish DTL allocation north of 36[deg] N. lat., 
the Council considered decreases to trip limits for sablefish in this 
fishery and the potential impacts on overall catch levels. Model-based 
landings projections of the LE fixed gear sablefish DTL fishery north 
of 36[deg] N. lat. were made for the remainder of 2012 by the Council's 
Groundfish Management Team (GMT). These projections were made based on 
the most recent information available under the current 2012 trip limit 
scenario, and predicted a harvest overage of 41 percent, or 108 metric 
tons in excess of this fishery's harvest guideline under the status quo 
trip limits. Projections for the other three fixed gear sablefish 
fisheries were tracking within their targets for 2012. An overage by 
the northern LE fixed gear sablefish DTL fishery could result in an 
overage of the northern sablefish ACL.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the LE fixed gear sablefish DTL fishery north of 
36[deg] N. lat. that decrease LE fixed gear sablefish DTL fishery 
limits from ``1,000 lb (454 kg) per week, not to exceed 4,000 lb (1,814 
kg) per 2 months'' to ``800 lb (363 kg) per week, not to exceed 1,600 
lb (726 kg) per 2 months'' beginning in period 5, September 1, 2012 
through the end of the year. This decrease in trip limits is not 
anticipated to increase projected impacts to overfished species and is 
anticipated to help maintain mortality levels within the northern 
sablefish ACL.

Shelf Rockfish Trip Limits South of 34[deg]27' N. Lat.

    The Council received an industry request to increase the LE fixed 
gear shelf rockfish trip limits south of 34[deg]27' N. lat. The shelf 
rockfish complex south of 40[deg]10' N. lat. has not been fully 
harvested in recent years, averaging between 29.7 percent and 51.1 
percent of its ACL in years 2006-2010. West Coast Groundfish Observer 
Program data indicate very few encounters with overfished species and 
California state fish ticket data indicate that very few vessels 
actually attained full trip limits between 2008 and 2010.
    Based on these data, the Groundfish Management Team estimated that 
landings would increase by approximately 0.2 metric tons, to a total of 
2.2 metric tons. This modest increase in trip limits for shelf rockfish 
is not expected to result in an overharvest of any species' 
contribution to the complex as a result of this request.
    Therefore, the Council recommended and NMFS is implementing 
increased trip limits for shelf rockfish in the LE fixed gear fishery 
south of 34[deg]27' N. lat., from ``3,000 pounds (1361 kg) per 2 
months'' to ``4,000 pounds (1814 kg) per 2 months'' beginning in period 
5, September 1, 2012 through the end of the year.

Bocaccio Trip Limits South of 34[deg]27' N. Lat.

    There are increased encounters with bocaccio south of 34[deg]27' N. 
lat. resulting from a very strong year class entering the fishery. In 
order to reduce unnecessary discarding as a result of increased 
encounters with the new year-class entrants, industry submitted a 
request to the Council to raise the bimonthly limit of bocaccio south 
of 34[deg]27' N. lat. The estimated take of bocaccio would increase to 
0.7 metric tons from the annual average of 0.4 metric tons, which is 
well within the non-trawl bocaccio allocation south of 40[deg]10' N. 
lat.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for bocaccio in the LE fixed gear fishery south of 
34[deg]27' N. lat. from ``300 pounds (136 kg) per two months'' to ``500 
pounds (227 kg) per two months'' beginning in period 5, September 1, 
2012 through the end of the year.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures based on the best available information and 
is consistent with the Pacific Coast Groundfish FMP and its 
implementing regulations.

[[Page 47324]]

    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    These inseason changes in sablefish, shelf rockfish, and bocaccio 
limits are based on the most recent data available. The aggregate data 
upon which these actions are based are available for public inspection 
at the Office of the Administrator, Northwest Region, NMFS, (see 
ADDRESSES) during business hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b) because notice and comment would be 
impracticable and contrary to the public interest. Also, for the same 
reasons, NMFS finds good cause to partially waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective September 1, 2012.
    At the June Council meeting, the Council recommended that these 
changes, which are based on the most recent information available, be 
implemented by September 1, 2012. There was not sufficient time after 
that meeting to draft this document and undergo proposed and final 
rulemaking before these actions need to be in effect. For the actions 
to be implemented in this final rule, affording the time necessary for 
prior notice and opportunity for public comment would prevent NMFS from 
managing fisheries using the best available science to approach, 
without exceeding, the ACLs for federally managed species in accordance 
with the FMP and applicable laws. The adjustments to management 
measures in this document affect commercial fisheries from southern 
California to Washington State. These adjustments to management 
measures must be implemented in a timely manner, by September 1, 2012, 
to: Allow LE fixed gear fishermen an opportunity to harvest their 
limits in 2012 for sablefish without exceeding the ACL North of 36[deg] 
N. lat., to allow harvest of shelf rockfish without exceeding the ACL 
south of 34[deg]27' N. lat., and to allow incidental catch of bocaccio 
without exceeding the ACL south of 34[deg]27' N. lat. in response to 
significant recent recruitment events. These changes in the LE fixed 
gear fishery continue to allow fishermen opportunities to harvest 
available healthy stocks while staying within the ACLs for these 
species. If this rule is not implemented immediately, the public could 
have incorrect information regarding allowed LE fixed gear trip limits 
which would cause confusion and be inconsistent with the intent of the 
Council. It would be contrary to the public interest to delay 
implementation of these changes until after public notice and comment, 
because making this regulatory change by September 1, 2012, allows 
harvest as intended by the Council in fisheries that are important to 
coastal communities in a manner that prevents ACLs of overfished and 
target species from being exceeded.
    No aspect of this action is controversial and no change in 
operating practices in the fishery is required from those intended in 
this inseason adjustment.
    Delaying these changes would also keep management measures in place 
that are not based on the best available information. Such delay would 
impair achievement of the Pacific Coast Groundfish FMP objectives of 
providing for year-round harvest opportunities, extending fishing 
opportunities as long as practicable during the fishing year, or 
staying within ACLs or allocations for sablefish, shelf rockfish, and 
bocaccio in the LE fixed gear fishery.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
waive prior notice and comment and to partially waive the delay in 
effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: August 3, 2012.
Lindsay Fullenkamp,
Acting Deputy 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. Table 2 (North) to part 660, Subpart E is revised to read as 
follows:
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3. Table 2 (South) to part 660, Subpart E is revised to read as 
follows:
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[FR Doc. 2012-19445 Filed 8-7-12; 8:45 am]
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