[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61765-61767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5917-03]
RIN 0648-BE27


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and 
Management Measures; Amendment 24; 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 2015-2016 harvest specifications and 
management measures final rule that published on March 10, 2015. That 
rule established 2015-2016 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), and approved 
Amendment 24 to the PCGFMP. This action corrects management measures in 
California recreational fisheries that are intended to keep the total 
catch of California scorpionfish within the harvest specifications. 
This action shortens the season for the recreational California 
scorpionfish fishery in the Southern Management Area, consistent with 
the season lengths of the other three management areas where California 
scorpionfish predominantly occur. This correcting amendment implements 
the intended season dates as described in the preamble of the harvest 
specifications and management measures final rule, consistent with the 
Pacific Fishery Management Council's (Council) previous 
recommendations.

DATES: Effective October 14, 2015.

ADDRESSES: Information relevant to the March 10, 2015, final rule (80 
FR 12567) and Amendment 24, which includes a final environmental impact 
statement (EIS), the Record of Decision (ROD), a regulatory impact 
review (RIR), final regulatory flexibility analysis (FRFA), and amended 
PCGFMP, are available from William Stelle, Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070. 
Electronic copies of that final rule are also available at the NMFS 
West Coast Region Web site: http://www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The March 10, 2015, final rule (80 FR 12567) set catch limit 
specifications for 2015-2016 (overfishing limits (OFLs), acceptable 
biological catches (ABCs), 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 
shortened the recreational fishing season for California scorpionfish. 
In 2014, the California scorpionfish fishery was open year-round and 
harvest was higher than anticipated, exceeding the California 
scorpionfish ACL. The season length was shortened by four months to 
prevent harvest from exceeding the ACL in 2015 and beyond.

[[Page 61766]]

Need for Correction

Correcting California Scorpionfish Season Dates

    The March 10, 2015, final rule closed the recreational California 
scorpionfish fishery early in three of the four applicable management 
areas, but inadvertently left the California scorpionfish fishery open 
year-round in one of the four management areas. The change to the 
California scorpionfish season length in the Southern Management Area 
was mistakenly omitted. This action changes the season dates for the 
California scorpionfish fishery in the Southern Management Area at 
Sec.  660.360(c)(3)(v)(A)(4), closing the fishery September 1 through 
December 31.

Clarifying Seasonal Fishing Closures

    The recreational rockfish conservation area (RCA) is a seasonal 
depth-based closure that prohibits recreational fishing for groundfish 
species seaward of a boundary line approximating a depth contour. The 
depth at which the RCA begins the closure varies by management area 
(i.e. the RCA closes seaward of the 30 fm line in the San Francisco 
Management Area and closes seaward of the 40 fm line in the Central 
Management Area (Sec.  660.360)(c)(3)(i)(A)(3) and (4)). Because the 
recreational RCA applies to various groundfish species and species 
groups, seasonal depth restrictions are described separately from the 
fishing seasons for groundfish species and species groups. For the most 
part, the seasonal depth restrictions apply during the times that the 
fishing seasons for groundfish species and species groups are open. If 
the RCA has not closed an area, fishing is not necessarily allowed for 
a species or species group if the season for that species or species 
group is closed. Accordingly, in addition to the change in season dates 
for California scorpionfish described above, this action also clarifies 
this point in the recreational RCA regulations, as described below.
    The September 1 through December 31 closure of the California 
scorpionfish fishing season applies in all areas, including the cowcod 
conservation areas (CCAs) and the areas that are open outside the 
depth-based recreational RCAs. Clarifying edits to this effect in the 
recreational RCA regulations were mistakenly omitted in the final rule. 
Regulations at Sec.  660.360(c)(3)(i)(A)(5) published in the March 10, 
2015, final rule stated that ``Recreational fishing for California 
scorpionfish south of 34[deg]27' N. lat. is prohibited seaward of a 
boundary line approximating the 60 fm (109.7 m) depth contour from 
January 1 through December 31. . .''. It could be interpreted that this 
means that recreational fishing for California scorpionfish is open in 
the Southern Management Area year-round, as long as fishing occurs 
shoreward of the boundary line approximating the 60 fm (109.7 m) depth 
contour. This is not the case, given the applicable season dates for 
California scorpionfish at Sec.  660.360(c)(3)(v) that are cited 
earlier in the paragraph. Clarifying changes to the RCA regulations at 
Sec.  660.360(c)(3) and (c)(3)(i)(A) are made to clearly state that 
that only ``when the fishing season is open'' can you retain California 
scorpionfish in the areas not closed by the recreational RCA. Added 
regulatory text clarifies that retention of groundfish species or 
species groups for which the season is closed is prohibited in the 
recreational fishery seaward of California all year in all areas, 
``unless otherwise authorized in this section,'' and makes no change in 
how current regulations apply.

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 amendment implements regulations as 
recommended by the Council, brings consistency between Federal and 
State regulations, and implements the season dates that were described 
in the preambles to the harvest specification and management measures 
proposed (80 FR 687, January 6, 2015) and final rules (80 FR 12567, 
March 10, 2015). NMFS announced to the public January 6, 2015 (80 FR 
687, 696) that the Council had recommended an early closure of the 
recreational fishery for California scorpionfish, that regulations at 
Sec.  660.360(c)(3) would be modified, and requested public comment on 
the potential changes that would be incorporated into regulations in 
the final rule. No comments regarding the shortened recreational 
California scorpionfish seasons were received. In the final rule, NMFS 
described changes from the proposed rule with regards to the 
recreational fishing regulations for California scorpionfish (80 FR 
12567, 12569) and made the appropriate changes to regulations for three 
of the four management areas. The correction this rule makes to 
regulatory text at Sec.  660.360(c)(3)(v)(A)(4) is consistent with 
changes that NMFS has already taken public comment on, therefore 
further notice and opportunity for public comment on this change is 
unnecessary. The minor correction to regulatory text at Sec.  
660.360(c)(3)(v)(A)(4) is limited in its effect to the public because 
California State regulations already prohibit fishing for California 
scorpionfish from September 1 through December 31 in all management 
areas, including the Southern Management Area that is the subject of 
this action. The minor edits to Sec.  660.360(c)(3) introductory text, 
(c)(3)(i)(A) introductory text and (c)(3)(i)(A)(5) make no changes to 
the effect of the regulations, but clarify that fishers cannot retain 
species for which the season is closed, even if they are fishing in an 
area that is generally open to recreational fishing for other 
groundfish species. It would be contrary to the public interest to 
delay implementation of the minor corrections in this rule because they 
will reduce confusion caused by inconsistency in 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, Indian Fisheries.

    Dated: October 7, 2015.
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 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.  660.360, revise paragraphs (c)(3) introductory text, 
(c)(3)(i)(A) introductory text, (c)(3)(i)(A)(5), and (c)(3)(v)(A)(4) to 
read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *

[[Page 61767]]

    (3) California. Seaward of California, California law provides 
that, in times and areas when the recreational fishery is open, there 
is a 20 fish bag limit for all species of finfish, within which no more 
than 10 fish of any one species may be taken or possessed by any one 
person. [Note: There are some exceptions to this rule. The following 
groundfish species are not subject to a bag limit: Petrale sole, 
Pacific sanddab and starry flounder.] For groundfish species not 
specifically mentioned in this paragraph, fishers are subject to the 
overall 20-fish bag limit for all species of finfish and the depth 
restrictions at paragraph (c)(3)(i) of this section. Recreational 
spearfishing for all federally-managed groundfish, is exempt from 
closed areas and seasons, consistent with Title 14 of the California 
Code of Regulations. This exemption applies only to recreational 
vessels and divers provided no other fishing gear, except spearfishing 
gear, is on board the vessel. California state law may provide 
regulations similar to Federal regulations for the following state-
managed species: Ocean whitefish, California sheephead, and all 
greenlings of the genus Hexagrammos. Kelp greenling is the only 
federally-managed greenling. Retention of cowcod, yelloweye rockfish, 
bronzespotted rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas. 
Retention of species or species groups for which the season is closed 
is prohibited in the recreational fishery seaward of California all 
year in all areas, unless otherwise authorized in this section. For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
    (i) * * *
    (A) Recreational rockfish conservation areas. The recreational RCAs 
are areas that are closed to recreational fishing for groundfish. 
Fishing for groundfish with recreational gear is prohibited within the 
recreational RCA, except that recreational fishing for ``other 
flatfish'' is permitted within the recreational RCA as specified in 
paragraph (c)(3)(iv) of this section. It is unlawful to take and 
retain, possess, or land groundfish taken with recreational gear within 
the recreational RCA, unless otherwise authorized in this section. A 
vessel fishing in the recreational RCA may not be in possession of any 
species prohibited by the restrictions that apply within the 
recreational RCA. [For example, if a vessel fishes in the recreational 
salmon fishery within the RCA, the vessel cannot be in possession of 
rockfish while in the RCA. The vessel may, however, on the same trip 
fish for and retain rockfish shoreward of the RCA on the return trip to 
port.] If the season is closed for a species or species group, fishing 
for that species or species group is prohibited both within the 
recreational RCA and shoreward of the recreational RCA, unless 
otherwise authorized in this section.
* * * * *
    (5) South of 34[deg]27' N. lat. (Southern Management Area), 
recreational fishing for all groundfish (except California scorpionfish 
as specified below in this paragraph and in paragraph (c)(3)(v) of this 
section and ``other flatfish'' as specified in paragraph (c)(3)(iv) of 
this section) is prohibited seaward of a boundary line approximating 
the 60 fm (109.7 m) depth contour from March 1 through December 31 
along the mainland coast and along islands and offshore seamounts, 
except in the CCAs where fishing is prohibited seaward of the 20 fm (37 
m) depth contour when the fishing season is open (see paragraph 
(c)(3)(i)(B) of this section). Recreational fishing for all groundfish 
(except California scorpionfish and ``other flatfish'') is closed 
entirely from January 1 through February 28 (i.e., prohibited seaward 
of the shoreline). When the California scorpionfish fishing season is 
open, recreational fishing for California scorpionfish south of 
34[deg]27' N. lat. is prohibited seaward of a boundary line 
approximating the 60 fm (109.7 m) depth contour, except in the CCAs 
where fishing is prohibited seaward of the 20 fm (37 m) depth contour.
* * * * *
    (v) * * *
    (A) * * *
    (4) South of 34[deg]27' N. lat. (Southern Management Area), 
recreational fishing for California scorpionfish is open from January 1 
through August 31 (i.e., it's closed from September 1 through December 
31).
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[FR Doc. 2015-26056 Filed 10-13-15; 8:45 am]
 BILLING CODE 3510-22-P