[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31858-31863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13635]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF08


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2015-2016 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 protect overfished and depleted stocks while 
allowing fisheries to access more abundant groundfish stocks.

DATES: This final rule is effective June 1, 2015.

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 https://www.federalregister.gov. 
Background information and documents are available at the Pacific 
Fishery Management Council's Web site at http://www.pcouncil.org/. 
Copies of the final environmental impact statement (FEIS) for the 
Groundfish Specifications and Management Measures for 2015-2016 and 
Biennial Periods Thereafter are available from Donald McIsaac, 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE. Ambassador Place, Portland, OR 97220, phone: 503-820-2280.

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 2015-2016 harvest specifications 
and management measures for most species of the Pacific coast 
groundfish fishery was published on March 10, 2015 (80 FR 12567).
    The Council, in coordination with Pacific Coast Treaty Indian 
Tribes and the States of Washington, Oregon, and California, 
recommended changes to current groundfish management measures at its 
April 10-16, 2015, meeting. Specifically, the Council recommended 
implementing a trip limit for big skate in the Shorebased Individual 
Fishing Quota (IFQ) Program and scheduled re-consideration of the 
stocks ecosystem component (EC) species designation. Consistent with 
the Council's recommendation and regulations at Sec.  660.12, NMFS is 
implementing the trip limit and a sorting requirement for big skate in 
the Shorebased IFQ Program.

Harvest and Management of Big Skate

    Up until 2015, big skate was managed as a component stock within 
the Other Fish complex. The Other Fish complex was comprised of several 
skate species and other species where catch was low and little 
information was available to inform stock status. Best available 
estimates of the overfishing limit (OFL) for component stocks 
contributed to the OFL harvest specification that was set at for the 
Other Fish complex. For additional description of the methods used for 
calculating OFLs for component stocks that are managed in a complex, 
see proposed rule for the 2011-2012 harvest specifications and 
management measures (75 FR 67810, November 3, 2010).
    During development of the 2015-2016 harvest specifications and 
management measures the Council, based on the best information 
available when they made their final recommendation, recommended 
removing skates except for longnose skate from the Other Fish complex 
and designating most of the skates including big skate as EC species. 
NMFS approved and implemented that recommendation. Best estimates of 
mortality at that time indicated that harvest of big skate was 18 
percent of the big skate contribution to the Other Fish OFL. Big skate 
was designated as an EC species because best available scientific 
information indicated that it was not in need of conservation and 
management and that it generally met many of the criteria for EC 
species designation outlined in the National Standard 1 Guidelines.
    Since that time, new information indicates that mortality of big 
skate is approaching or exceeding the 2014 big skate contribution to 
the Other Fish OFL and therefore big skate may not be appropriately 
designated as an EC species. Therefore, at the April meeting, the 
Council considered management measures to reduce mortality of big skate 
to a level at or below its 2014 OFL contribution while the Council, its 
Scientific and Statistical Committee (SSC), and NMFS determine how and 
when to reclassify big skate.
    In conjunction with the EC species designation, impacts to the 
species are monitored to inform whether the designation should be 
reconsidered based on new information. At its 2015 April meeting, the 
Council considered new information indicating landings of ``unspecified 
skate'' were predominantly big skate (over 90 percent) and therefore 
recent mortality of big skate may be much closer to the 2014 big skate 
contribution to the Other Fish OFL than previously believed.
    Big skate landings are currently sorted and accounted for at a 
species-specific level in California, but the states of Oregon and 
Washington report big skate landings combined with other skate species 
within ``unspecified'' and ``other'' skate categories. As described in 
statements from the Council's Groundfish Management Team at the April 
meeting, a coastwide total mortality estimate for big skate was 
developed using a methodology endorsed by the SSC. Based on this 
estimate, harvest of big skate in 2014 may have been as high as 500 mt, 
exceeding the 2014 big skate contribution to the Other Fish OFL of 458 
mt. Because in 2014 big skate contributed to the Other Fish complex 
OFL, and estimated catch of other species in the complex was lower than 
their respective contributions, the OFL for the Other Fish complex was 
not exceeded. Therefore, this level of catch of big skate is not 
overfishing by definition. However, it raised concerns that harvest of 
the stock may be above the fishing level that would maintain maximum 
sustainable yield (MSY), and that the designation of this stock as an 
EC species may not be appropriate.

Reducing Impacts to Big Skate

    To reduce the risk of overfishing big skate, the Council considered 
options for taking inseason action to reduce harvest to a level below 
the best estimate of the OFL; the 2014 OFL contribution of 458 mt. The 
Council also considered what changes to

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management measures would be necessary to reduce catch to a level below 
the big skate acceptable biological catch (ABC) contribution of 318 mt 
to the Other Fish ABC.
    Based on available information from the Pacific Fisheries 
Information Network (PacFIN), catch of big skate occurs predominantly 
by vessels using bottom trawl gear, which is used primarily in the 
Shorebased IFQ Program. The Council and NMFS may implement trip limits 
for big skate as a routine management measure for the Shorebased IFQ 
Program. Since an action to reduce big skate landings in the Shorebased 
IFQ Program is anticipated to reduce total impacts to the stock, and 
because the Council and NMFS can take swift inseason action, the 
Council dismissed alternatives involving creation of new management 
measures for other sectors of the groundfish fishery that harvest less 
big skate. Therefore, the changes to management measures described in 
this action will apply only to vessels participating in the Shorebased 
IFQ Program.
    The Council considered setting a trip limit for big skate in the 
Shorebased IFQ Program, beginning in June 2015. A range of trip limits 
was considered: Unlimited, a high trip limit (37,500 lb per two months) 
estimated to bring total mortality just below the OFL contribution, and 
a low trip limit (2,000 lb per two months) estimated to bring total 
mortality just below the ABC contribution. The Council's recommended a 
trip limit that was more precautionary than 37,000 lbs per two months 
but much less restrictive than the 2,000 lbs per two months trip limit 
to maximize opportunity, while keeping mortality estimates below the 
OFL contribution. The Council recommended and NMFS is implementing a 
trip limit reduction from ``unlimited'' to ``15,000 lb per month'' for 
the month of June, and ``20,000 lbs per two months'' in periods 4-6 
(from July through December). Best estimates indicate that total 
mortality of big skate through the end of 2015 under this trip limit 
structure would be 441 mt, 17 mt lower than the 2014 OFL contribution 
of 458 mt. The Council-recommended trip limits are added to Tables 1 
(North) and 1 (South) to Subpart C.
    It is prohibited for first receivers and catcher vessels in the 
Shorebased IFQ Program to fail to sort any species with a trip limit 
(though timing and weighing methods may vary, as described in Sec.  
660.140(j)). This is because sorting must occur to account for catch of 
each species or species group against the applicable trip limit. 
Analyses presented to the Council at its April 2015 meeting indicated 
that sorting is necessary for trip limits to be effectively 
implemented. Therefore, in order to effectively implement the Council's 
recommended trip limits, NMFS is including in this inseason action the 
addition of big skate to the list of species required to be sorted 
under the Shorebased IFQ Program, at Sec.  660.130(d).
    The Council acknowledged that the mortality estimates and the OFL 
contribution have a high degree of uncertainty, and recommended these 
precautionary management measures described above to reduce the risk of 
overfishing big skate. Additionally, these measures will increase the 
amount of species-specific landings information, thereby reducing the 
uncertainty in estimated landings for both big skate and 
``unspecified'' skates. This information will likely prove useful when 
the Council considers reclassifying big skate in the future.

Reconsideration of EC Species Designation

    The Council recommended that reconsideration of the stock's EC 
species designation be incorporated into development of the 2017-2018 
harvest specifications and management measures. That 2017-2018 biennial 
management process begins at the Council's June 2015 meeting, and will 
continue into the following year. If a change is made to re-designate 
big skate as ``in the fishery,'' then harvest specifications for this 
species would be necessary; therefore it is opportune to consider re-
designation of big skate within the biennial harvest specifications 
process.

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 June 1, 2015.
    New information regarding the likely historical catch of big skate 
was presented to the Council at its April 2015 meeting. At that 
meeting, the Council recommended that these changes be implemented June 
1, 2015, which is the beginning of a cumulative limit period in the 
commercial groundfish fishery off the West Coast. These restrictions to 
the amount of landings must be implemented at the start of a cumulative 
limit period to allow fishermen in the Shorebased IFQ Program an 
opportunity to continue harvesting big skate, but at a level that will 
not exceed the new, lower trip limit that will be imposed for the 
cumulative limit period. If this limit is not in place by the start of 
the cumulative limit period, a vessel that landed an amount greater 
than these limits early in the cumulative limit period would find 
themselves in violation of this new, lower trip limit. The trip limits 
recommended by the Council and implemented by NMFS in this action are 
anticipated to keep catch of big skate below its contribution to the 
Other Fish OFL, if implemented on June 1. If the recommended limits are 
not in place June 1, more restrictive measures may be necessary later 
in the year to keep catch of big skate below its contribution to the 
Other Fish OFL. There was not sufficient time after the April meeting 
to undergo proposed and final rulemaking before June 1. 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 prevent 
overfishing in accordance with the PCGFMP and applicable law. 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 June 1, 2015, allows harvest as intended by the 
Council, consistent with the best scientific information available. 
These changes allow continued harvest in fisheries that are important 
to coastal communities while continuing to prevent potential 
overfishing.
    No aspect of this action is controversial, and changes of this 
nature were anticipated in the biennial harvest specifications and 
management measures established for 2015-2016.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
waive

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prior notice and comment and to waive the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: June 1, 2015.
Emily H. Menashes,
Acting 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.  660.130, revise paragraph (d)(1)(i) 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 
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, and 
Pacific whiting; and big skate in the Shorebased IFQ Program;
* * * * *
0
3. Table 1 (North) and 1 (South) to part 660, subpart D, are revised to 
read as follows:
BILLING CODE 3510-22-P

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[FR Doc. 2015-13635 Filed 6-1-15; 4:15 pm]
 BILLING CODE 3510-22-C