[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49190-49200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19602]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120814338-2711-02]
RIN 0648-BD47


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

DATES: Effective 0001 hours (local time) August 13, 2013.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region, 
NMFS), phone: 206-526-6147, 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 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.
    On November 14, 2012, NMFS published a proposed rule to implement 
the 2013-2014 harvest specifications and management measures for most 
species of the Pacific Coast groundfish fishery (77 FR 67974). The 
final rule to implement the 2013-2014 harvest specifications and 
management measures for most species of the Pacific Coast Groundfish 
Fishery was published on January 3, 2013 (78 FR 580).
    The Council, in consultation with Pacific Coast Treaty Indian 
Tribes and the States of Washington, Oregon, and California, 
recommended the changes to current groundfish management measures at 
its June 18-June 25, 2013 meeting. Management measures are designed to 
meet two primary goals: To achieve, to the extent possible, but not 
exceed, annual catch limits (ACLs) of target species; and to foster the 
rebuilding of overfished stocks by keeping harvest within their 
rebuilding ACLs. The Council recommended adjusting groundfish 
management measures to respond to updated fishery information and 
additional inseason management needs. Those changes to management 
measures are implemented in this action. The adjustments to fishery 
management measures are not expected to result in greater impacts to 
overfished species, except for bocaccio, than originally projected 
through the end of the year.

Fishery Management Measures for the Limited Entry Fixed Gear (LEFG) and 
Open Access (OA) Sablefish Daily Trip Limit (DTL) Fisheries North of 
36[deg] N. Lat.

    To increase harvest opportunities for the LEFG and OA fixed gear 
sablefish DTL fisheries north of 36[deg] N. lat., the Council 
considered increases to trip limits. The Council's Groundfish 
Management Team (GMT) made model-based landings projections for the 
LEFG and OA fixed gear sablefish DTL fisheries north of 36[deg] N. lat. 
for the remainder of the year. These projections were based on the most 
recent information available. The model predicted harvest of 84 percent 
(165 mt) of the LEFG harvest guideline (197 mt) and 82 percent (239 mt) 
of the OA harvest guideline (291 mt) under current trip limits. With 
the increase in trip limits, predicted harvest is 94 percent (185 mt) 
of the LEFG harvest guideline (197 mt) and 94 percent (274 mt) of the 
OA harvest guideline (291 mt). Projections for the fixed gear sablefish 
fisheries south of 36[deg] N. lat. were tracking within their targets 
and no inseason actions were considered.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the LEFG and the OA 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 ``950 lb (431 kg) per week, not to 
exceed 2,850 lb (1,293 kg) per two months'' to ``1,110 lb (499 kg) per 
week, not to exceed 3,300 lb (1,497 kg) per two months'' beginning in 
period 4 through the end of the year.
    The trip limits for sablefish in the OA sablefish DTL fishery north 
of 36[deg] N. lat. are increased from ``300 lb (136 kg) per day, or one 
landing per week of up to 700 lb (318 kg), not to exceed 1,400 lb (635 
kg) per two months'' to ``300 lb (136 kg) per day, or one landing per 
week of up to 800 lb (363 kg), not to exceed 1,600 lb (726 kg) per two 
months'' beginning in period 4 through the end of the year.

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Limited Entry Fixed Gear (LEFG) Fishery Trip Limits for Shortspine 
Thornyhead North of 34[deg]27' N. Lat.

    To increase harvest opportunities for the LEFG fishery north of 
34[deg]27' N. lat., the Council considered an increase to the two-month 
cumulative limits for shortspine thornyhead in the LEFG fishery. The 
Council's GMT made model-based landings projections of the LEFG fishery 
north of 34[deg]27' N. lat. for the remainder of the year. These 
projections were based on the most recent information available under 
the current trip limit scenario. The model results predicted a harvest 
projection of 81 percent (60 mt) of the LEFG harvest guideline (74 mt) 
under the status quo trip limits. Landings projections with the 
proposed increased trip limits predict a harvest of 94 percent (70 mt) 
of the LEFG harvest guideline (74 mt).
    Therefore, the Council recommended and NMFS is implementing trip 
limit increases for shortspine thornyhead in the LEFG fishery north of 
34[deg]27' N. lat. The trip limits increased from ``2,000 lb (907 kg) 
per two months'' to ``2,500 lb (1134 kg) per two months'' beginning in 
period 4 through the end of the year.

Limited Entry Fixed Gear (LEFG) Fishery Trip Limits for Shelf Rockfish 
South of 34[deg]27' N. Lat.

    The Council received an industry request to increase the LEFG shelf 
rockfish trip limits south of 34[deg]27' N. lat. Trip limits for shelf 
rockfish include species in the minor shelf rockfish complex, 
yellowtail rockfish, shortbelly rockfish and widow rockfish. The minor 
shelf rockfish complex, including yellowtail rockfish, south of 
40[deg]10' N. lat., and shortbelly rockfish have not been fully 
harvested in recent years. Widow rockfish has also not been fully 
harvested in the non-trawl fisheries in recent years. 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 for shelf rockfish 
between 2008 and 2012.
    Based on these data, the GMT estimated that landings would increase 
by approximately 0.5 metric tons, to a total of 2.1 metric tons. This 
modest increase in trip limits for shelf rockfish is not expected to 
result in an overharvest of any species as a result of this request.
    Therefore, the Council recommended and NMFS is implementing 
increased trip limits for shelf rockfish in the LEFG fishery south of 
34[deg]27' N. lat., from ``3,000 lb (1361 kg) per two months'' to 
``4,000 lb (1814 kg) per two months'' beginning in period 4 through the 
end of the year.

Limited Entry Fixed Gear (LEFG) and Open Access (OA) Fishery Trip 
Limits for Bocaccio 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 two-month cumulative limits for 
bocaccio south of 34[deg]27' N. lat. The estimated take of bocaccio 
would increase by approximately 1.1 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 LEFG and the OA fixed gear fishery 
south of 34[deg]27' N. lat. The trip limits for bocaccio in the LEFG 
fishery south of 34[deg]27' N. lat. are increased from ``300 lb (136 
kg) per two months'' to ``500 lb (227 kg) per two months'' beginning in 
period 4 through the end of the year. The trip limits for bocaccio in 
the OA fishery south of 34[deg]27' N. lat. are increased from ``100 lb 
(45 kg) per two months'' to ``200 lb (91 kg) per two months'' beginning 
in period 4 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, 
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, Northwest 
Region, NMFS, during business hours.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b) because notice and comment would be 
impracticable and contrary to the public interest. Also, for the same 
reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective August 13, 2013.
    At the June Council meeting, the Council recommended that these 
changes be implemented as quickly as possible during the July-August 
two-month cumulative limit period. 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 PCGFMP and applicable law. The adjustments to management 
measures in this document affect commercial fisheries in Washington, 
Oregon and California. These adjustments to management measures must be 
implemented in a timely manner, as quickly as possible during the July-
August two-month cumulative limit period: To allow LEFG and OA fixed 
gear fishermen an opportunity to harvest their limits for sablefish 
without exceeding the ACL north of 36[deg] N. lat.; to allow LEFG 
fishermen to harvest shortspine thornyead without exceeding the ACL; to 
allow harvest of shelf rockfish without exceeding the ACL; and to allow 
LEFG and OA fixed gear fishermen to retain incidental catch of 
bocaccio, in response to significant recent recruitment events, without 
exceeding the ACL. These changes in the LEFG and OA fixed gear 
fisheries continue to allow fishermen opportunities to harvest 
available stocks while staying within their ACLs. If this rule is not 
implemented immediately, the public could have incorrect information 
regarding allowed LEFG and OA 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 August 13, 2013, allows harvest as intended by the 
Council, consistent with the best scientific information available. 
These changes allow harvest in fisheries that are important to coastal 
communities and in a manner that prevents ACLs of overfished and target 
species from being exceeded.
    No aspect of this action is controversial, and changes of this 
nature were anticipated in the biennial harvest specifications and 
management measures established for 2013-2014.
    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 PCGFMP goals and objectives of managing for 
appropriate harvest levels while providing for year-

[[Page 49192]]

round fishing and marketing opportunities.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: August 7, 2013.
James P. Burgess,
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.

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2. Tables 2 (North) and 2 (South) to part 660, subpart E are revised to 
read as follows:
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3. Table 3 (North) and 3 (South) to part 660, subpart F are revised to 
read as follows:
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[FR Doc. 2013-19602 Filed 8-12-13; 8:45 a.m.]
BILLING CODE 3510-22-C