[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50212-50224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20491]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF27


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 August 14, 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

[[Page 50213]]

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 
June 10-16, 2015, meeting. Specifically, the Council recommended an 
increase to commercial fishery trip limits for sablefish, blackgill 
rockfish, big skate, Minor Shelf Rockfish, and California scorpionfish. 
The Council also recommended a decrease to commercial fishery trip 
limits for black rockfish. NMFS has determined that good cause exists 
to waive notice and comment for trip limit changes for sablefish, 
blackgill rockfish, black rockfish and big skate and this action 
implements those changes. However, NMFS has determined that the 
Council-recommended increases to trip limits for Minor Shelf Rockfish 
and California scorpionfish cannot be implemented without a two-meeting 
process and notice and comment rulemaking. Therefore, those changes are 
not included in this action.

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 83 percent 
(196 mt) of the LEFG harvest guideline (HG) (236 mt) and 62 percent 
(242 mt) of the OA HG (388 mt) under current trip limits. This 
indicates that projected catch in both the LEFG and OA fisheries was 
lower than anticipated when the trip limits were initially established 
(93 percent (220 mt) of the LEFG HG and 92 percent (358 mt) of the OA 
HG). With the increase in trip limits, predicted harvest assuming 
medium ex-vessel price curves is 90 percent (212 mt) of the LEFG HG 
(236 mt) and 83 percent (323 mt) of the OA HG (388 mt). Projections for 
the fixed gear sablefish fisheries south of 36[deg] N. lat. were 
similar to what they were anticipated to be in the biennial harvest 
specifications and management measures, and no requests were made by 
industry for changes; therefore, 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 ``1,025 lb (465 kg) per week, not to 
exceed 3,075 lb (1,394 kg) per two months'' to ``1,125 lb (510.3 kg) 
per week, not to exceed 3,375 lb (1,530 kg) per two months'' beginning 
during 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 900 lb (408 kg), not to exceed 1,800 lb (817 
kg) per two months'' to ``350 lb (159 kg) per day, or one landing per 
week of up to 1,600 lb (726 kg), not to exceed 3,200 lb (1,452 kg) per 
two months'' during period 4 through the end of the year.

Fishery Management Measures for Blackgill Rockfish in the Limited Entry 
Fixed Gear (LEFG) and Open Access (OA) Fisheries South of 40[deg]10' N. 
lat.

    Blackgill rockfish south of 40[deg]10' N. lat. was assessed in 
2011. The 2011 assessment indicated the stock was in the precautionary 
zone with spawning biomass depletion estimated to be 30 percent of its 
unfished biomass at the start of 2011. The Council chose to leave 
blackgill rockfish as a stock within the Minor Slope Rockfish south 
complex. Beginning in 2013, the Council recommended, and NMFS 
established, annual HGs and management measures to keep anticipated 
catch of blackgill rockfish within its HG, including a species-specific 
sorting requirement and species-specific sub-limits. Annual HGs and 
trip limit management in non-IFQ fisheries continue to be utilized for 
management of blackgill rockfish south of 40[deg]10' N. lat.
    The most recently available information (2013) indicates that the 
Minor Slope Rockfish trip limit and the blackgill rockfish sub-limit 
set in 2013 kept catch of Minor Slope Rockfish south of 40[deg]10' N. 
lat. at 148 mt, which is less than 25 percent of the 2013 ACL (618 mt). 
Additionally, catch of blackgill was 18.5 mt, 42 percent of the 44 mt 
HG (LEFG HG of 26.4 mt and OA HG of 17.6 mt, combined). The same trip 
limits were in place in 2014, and 2014 inseason estimates indicate that 
similar catch patters are likely to be seen in the completed 2014 total 
mortality report. The best available 2015 inseason information at the 
June Council meeting indicated that catch of blackgill rockfish was 
approximately half of the amount of catch during that same time period 
in 2014. The Council recommended that the blackgill rockfish sub-limit 
be increased modestly to reduce regulatory discards since catch was 
well below the HG in 2013 and was likely similar in scale in 2014 and 
because catch in 2015 is below the levels observed in 2014. In 
addition, a modest increase in the sub-limit will likely reduce 
regulatory discards of blackgill rockfish when caught incidentally with 
co-occurring species in the Minor Slope Rockfish complex.
    Therefore, the Council recommended, and NMFS is implementing, an 
increase to blackgill rockfish sub-limits for the LEFG and the OA 
fisheries south of 40[deg]10' N. lat. The blackgill rockfish sub-limit, 
within the overall trip limit for Minor Slope Rockfish complex south of 
40[deg]10' N. lat., is increased in the LEFG fishery from ``40,000 lb 
(18,144 kg) per two months, of which no more than 1,375 lb (624 kg) may 
be blackgill rockfish'' to ``40,000 lb (18,144 kg) per two months, of 
which no more than 1,600 lb (726 kg) may be blackgill rockfish'' 
beginning during period 4 through the end of the year.
    The blackgill rockfish sub-limit, within the overall trip limit for 
Minor Slope Rockfish complex south of 40[deg]10' N. lat., is increased 
in the OA fishery from ``10,000 lb (4,536 kg) per two months, of which 
no more than 475 lb (216 kg) may be blackgill rockfish'' to ``10,000 lb 
(4,536 kg) per two months, of which no more than 550 lb (250 kg) may be 
blackgill rockfish'' beginning during period 4 through the end of the 
year.

Fishery Management Measures for Black Rockfish in the Limited Entry 
Fixed Gear (LEFG) and Open Access (OA) Fisheries Between 42[deg] N. 
lat. and 40[deg]10' N. lat.

    Black rockfish are caught in nearshore commercial and recreational 
fisheries. Black rockfish is a healthy stock that co-occurs with 
nearshore overfished rockfish species (e.g., canary rockfish and 
yelloweye rockfish). Catch of black rockfish is managed, in part, to 
keep catch of co-occurring overfished species within the management 
targets for the nearshore fishery and the state of California. The best 
available information on commercial black rockfish catch in northern 
California through June 12, 2015, indicates that harvest so far in 2015 
(58 mt) is much

[[Page 50214]]

higher than what it was in this area for the entire year of 2014 (34 
mt).
    In 2014, the shoreward boundary of the non-trawl rockfish 
conservation area (RCA) in this area between 42[deg] N. lat. and 
40[deg]10' N. lat. was the boundary line approximating the 20 fm depth 
contour. For 2015, the boundary line off northern California was 
shifted seaward to the boundary line approximating the 30 fm depth 
contour, opening the area to nearshore fishing between 20 fm line and 
the 30 fm line for the first time since 2009 (80 FR 12567, March 10, 
2015). This change in the depth restriction in the non-trawl commercial 
fisheries is providing additional access to nearshore stocks, and may 
be part of the reason for the increased black rockfish landings in 2015 
compared to 2014. Additionally, the change in depth restriction may be 
changing bycatch rates of co-occurring overfished species in the 
nearshore fishery, but little information is available to inform 
bycatch rates inseason.
    Based on the best available information, catch of black rockfish is 
much higher in 2015 compared to 2014. To reduce projected catch of co-
occurring overfished species and reduce the risk of exceeding HGs for 
those overfished species, the Council considered reductions to black 
rockfish trip limits between 42[deg] N. lat. and 40[deg]10' N. lat. The 
Council recommended decreasing the black rockfish trip limit to the 
same limit that was in effect when the northern California non-trawl 
RCA shoreward boundary was at the 30 fm line, as it is in 2015.
    Therefore, the Council recommended and NMFS is implementing 
decreased black rockfish trip limits for the LEFG and the OA fisheries 
between 42[deg] N. lat. and 40[deg]10' N. lat. The black rockfish trip 
limit, within the overall trip limit for Minor Nearshore Rockfish 
complex, is decreased in the LEFG and OA fisheries from ``8,500 lb 
(3,856 kg) per two months of which no more than 1,200 lb (544 kg) may 
be species other than black rockfish'' to ``6,000 lb (2,722 kg) per two 
months of which no more than 1,200 lb (544 kg) may be species other 
than black rockfish'' beginning during period 4 through the end of the 
year.

Fishery Management Measures for Big Skate in the Shorebased IFQ Program

    Before 2015, big skate was managed as a component stock within the 
Other Fish complex. The big skate OFL estimate, along with the 
estimated OFLs for the other species in the complex, contributed to the 
OFL specified in regulation for the Other Fish complex. Species managed 
in complexes do not have OFLs specified in regulation. Therefore, the 
best estimate of a sustainable harvest for a single species that is 
managed in a complex is referred to as an ``OFL contribution,'' since 
the OFL for the complex is the sum of the contributing OFLs for all the 
component species.
    During development of the 2015-2016 harvest specifications and 
management measures, best estimates of mortality indicated that harvest 
of big skate was 18 percent of the big skate OFL contribution and that 
it was not in need of conservation and management. Big skate was 
removed from the Other Fish complex and designated as an ecosystem 
component (EC) species (80 FR 12567, March 10, 2015). If the Council 
had chosen to keep big skate in the fishery, with species specific 
harvest specifications, the 2015 big skate OFL endorsed by the 
Scientific Statistical Committee (SSC) would have been 541 mt. Since 
the Council chose to designate this species as an EC species, the big 
skate OFL estimate became unnecessary. Since development and 
implementation of the 2015-2016 harvest specifications and management 
measures, new information indicated that mortality of big skate is 
approaching or exceeding the 2014 big skate OFL contribution.
    At its April 2015 meeting, the Council recommended management 
measures to reduce mortality of big skate and reduce the risk of 
overfishing the stock. At that time, the best estimate of sustainable 
harvest for big skate was thought to be the 2014 OFL contribution. The 
Council recommended and NMFS implemented a trip limit reduction for big 
skate in the Shorebased IFQ Program and best estimates at that time 
indicated that total mortality of big skate through the end of 2015 
under that trip limit structure would be 441 mt, 17 mt lower than the 
2014 OFL contribution of 458 mt (80 FR 31858, June 4, 2015).
    The analysis by the Council's GMT assumed 100 percent mortality of 
discarded big skate and assumed that, once a trip limit was reached, 
encounters of big skate would cease and no additional landings or 
discards would occur. The GMT acknowledged several issues with these 
assumptions, but noted that the April analysis was limited in scope due 
to time constraints. The Council acknowledged that the mortality 
estimates and the OFL contribution both have high degrees of 
uncertainty, and recommended precautionary management measures for 
conservation of big skate. The Council also acknowledged that 
additional information and analyses would likely become available, and 
that management measures for big skate would be considered in light of 
emerging and improving information.
    At its June 2015 meeting, the Council considered additional 
analysis by the GMT, recommendations of its SSC, as well as updated 
fishery information, regarding big skate mortality and management 
measures. The West Coast Observer Program estimates that almost 80 
percent of big skate caught in groundfish fisheries are discarded. 
Following a literature review, the SSC recommended that a 50 percent 
discard mortality rate for big skate caught with commercial trawl gear 
was more appropriate. This is consistent with the assumed discard 
mortality for another skate species for which trip limits are in place 
(longnose skate). In addition, projected estimates of big skate catch 
through the end of the year decreased because of reduced inseason 
estimates. This reduction likely resulted from an increased awareness 
and avoidance by the fishing fleet, and harvest projection changes 
resulting from the Council's improved understanding of big skate 
discard mortality rate.
    At its June 2015 meeting, the Council also considered information 
regarding the best available estimate for a sustainable harvest level 
of big skate in 2015. In April 2015, the Council aimed to keep 
mortality of big skate below the 2014 OFL contribution, the best 
estimate available at that time. In June, the Council was reminded that 
the SSC endorsed a 2015 big skate OFL in November 2013. Since the 
Council recommended big skate be designated as an EC species, no 
harvest specifications were adopted for the 2015-2016 biennial cycle. 
However, in light of the need to better estimate big skate mortality, 
as it is approaching the best OFL contribution estimates, the SSC-
endorsed estimated 2015 OFL is the best available estimate of 
sustainable harvest. Therefore, the Council considered projected big 
skate mortality in 2015 compared to the estimated 2015 OFL, rather than 
the 2014 OFL contribution. The 541 mt estimated 2015 OFL for big skate 
is 83 mt higher than the 2014 OFL contribution that was used in the 
April 2015 GMT analyses. Therefore, the Council considered higher trip 
limits for big skate than those adopted in April 2015. June 2015 GMT 
estimates indicate that with higher trip limits for big skate of 35,000 
pounds per two months, through the remainder of the year, big skate 
total mortality will still be below the currently available best 
estimate of the 2015 OFL (541 mt).
    As discussed above, the best estimate of the discard mortality rate 
decreased from 100 percent to 50 percent and the estimated 2015 OFL 
that is higher than

[[Page 50215]]

the 2014 OFL contribution. Therefore, increases to the big skate trip 
limits in the IFQ fishery are warranted. The Council considered 
increasing the trip limit for big skate in the Shorebased IFQ Program, 
beginning in Period 4 (July-August). A range of trip limits was 
considered: 25,000 lb (11,340 kg) per two months, 30,000 lb (13,608 kg) 
per two months, and 35,000 lb (15,876 kg) per two months for Periods 4-
6 (July-December). All alternative trip limits are anticipated to bring 
total mortality below the estimated 2015 OFL of 541 mt, and the 
estimated 2015 Acceptable Biological Catch (ABC) (assuming the same P* 
as 2014 of 0.40) of 451 mt.
    The Council recommended, and NMFS is implementing, an increase in 
the big skate trip limit in the Shorebased IFQ Program from ``20,000 
lbs (9,072 kg) per two months'' to ``35,000 lb (15,876 kg) 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 between 414 mt and 420 mt, 
121-127 mt lower than the estimated 2015 OFL contribution of 541 mt and 
21-27 mt lower than the estimated 2015 ABC contribution of 441 mt. The 
estimated total mortality is considered as a range to account for 
uncertainty in how fishing behavior will change after the big skate 
trip limit is reached. The Council recommended a trip limit that would 
allow approximately a 5 percent increase in total mortality, but would 
still be below the estimated 2015 ABC. The increase in trip limit is 
intended to allow vessels opportunistically targeting big skate to 
continue to do so, while keeping total mortality below the estimated 
2015 ABC. The Council-recommended trip limits are codified in Tables 1 
(North) and 1 (South) to Subpart C.

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 August 14, 2015.
    At the June Council meeting, the Council recommended that these 
changes be implemented as quickly as possible during the 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 increases to trip limits must be 
implemented as quickly as possible during the two-month cumulative 
limit period to allow LEFG and OA fixed gear fishermen an opportunity 
to harvest higher limits for: Sablefish without exceeding the ACL north 
of 36[deg] N. lat.; big skate without exceeding the estimated 2015 OFL; 
and blackgill rockfish without exceeding the HG south of 40[deg]10' N. 
lat. The decrease to the black rockfish trip limit must be implemented 
by the start of the next two-month cumulative limit period, September 
1, to keep catch of co-occurring overfished species within their HGs 
and rebuilding ACLs. 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 14, 2015, 
allows harvest as intended by the Council, consistent with the best 
scientific information available. These changes allow additional 
harvest in fisheries that are important to coastal communities while 
continuing to prevent 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 2015-2016.
    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, and Indian fisheries.

    Dated: August 14, 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. Table 1 (North) and 1 (South) to part 660, subpart D, are revised to 
read as follows:
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3. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to 
read as follows:
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4. Table 3 (North) and 3 (South) to part 660, subpart F, are revised to 
read as follows:
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[FR Doc. 2015-20491 Filed 8-14-15; 4:15 pm]
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