[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81773-81784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32884]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF63


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 allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks. This 
document also announces a prohibition on the use of midwater trawl gear 
in the Shorebased Individual Fishing Quota (IFQ) Program shoreward of 
the boundary line approximating the 150 fm (274 m) depth contour via 
automatic action, with actual notice (by phone and email) to 
participants, at noon local time, November 26, 2015 in order to reduce 
the risk of exceeding the canary rockfish annual catch limit (ACL).

DATES: This final rule is effective January 1, 2016. The depth 
restrictions for midwater trawl gear were made through automatic 
action, and are published in the Federal Register as soon as 
practicable after they are issued. The depth restriction for vessels 
using midwater trawl gear, which was announced by actual notice (by 
phone and email) prior to implementation, is applicable from noon local 
time, November 26, 2015 through midnight local time, December 31, 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 Pacific Fishery Management Council (Council)--in coordination 
with Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California--recommended changes to groundfish management 
measures at its November 13-19, 2015, meeting. Specifically, the 
Council recommended a revised schedule of trip limits for big skate in 
the Shorebased IFQ Program for 2016. This rule revises big skate trip 
limits consistent with the Council's November recommendations.
    Before 2015, big skate was managed as a component stock within the 
Other Fish complex. The big skate overfishing limit (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. The Council recommended, and NMFS approved, the designation 
of big skate as an ecosystem component species, beginning in 2015 (80 
FR 12567, March 10, 2015). As described in the inseason action that 
implemented trip limits for big skate in 2015 (80 FR 31858, June 4, 
2015), new information available during 2015 indicated that harvest of 
big skate was much higher than anticipated and was approaching or 
exceeding the 2014 estimated OFL contribution. The Council recommended, 
and NMFS implemented, trip limits on June 1, 2015, to reduce impacts to 
big skate in the Shorebased IFQ Program. Trip limits for big skate were 
further adjusted on August 14, 2015, after review of updated fishery 
information and best available information regarding discard mortality 
of big skate (80 FR 50212, August 19, 2015). As part of the ongoing 
development of the 2017-2018 specifications, the Council is 
reconsidering whether big skate should be reclassified because the 
species may not be appropriate as an ecosystem component species.
    At its November meeting, the Council considered updated fishery 
information and further refined big skate trip limits for the second 
year of the biennial cycle. The Council's Groundfish Management Team 
(GMT) continued analysis of available fishery data to estimate and 
project catch of big skate in the Shorebased IFQ Program under 
different trip limit scenarios. The Council considered an apparent 
seasonal fluctuation in both frequency and magnitude of big skate 
landings, with higher catch in the summer and lower catch in the 
winter. The Council also considered feedback from individuals in the 
Shorebased IFQ Program regarding catch patterns and targeting 
practices.
    The Council recommended, and NMFS is implementing, the following 
big skate trip limits in the Shorebased IFQ Program, beginning January 
1, 2016: 5,000 lbs/2 months (2,268 kg/2 months) for Period 1; 25,000 
pounds/2 months (11,340 kg/2 months) for Period 2; 30,000 pounds/2 
months (13,608 kg/2 months) for Period 3; 35,000 pounds/2 months 
(15,876 kg/2 months) for Period 4; 10,000 pounds/2 months (4,536 kg/2 
months) for Period 5; and 5,000 pounds/2 months (2,268 kg/2 months) for 
Period 6. Best estimates indicate that total mortality of big skate 
through the end of 2016 under this trip limit structure would be 450 
mt, 91 mt lower than the estimated 2016 OFL of 541 mt and 44 mt lower 
than the estimated 2016 ABC of 494 mt.

Depth Restriction via Actual Notice in the Shorebased IFQ Program

    Subsequent to the November Council meeting, higher than anticipated 
catch of canary rockfish occurred in the Shorebased IFQ Program. NMFS 
took automatic action to impose a depth restriction for vessels using 
midwater trawl gear in the Shorebased IFQ Program, applicable at noon 
local time, November 26, 2015. This rule serves as notification of the 
November 26, 2015 automatic action.
    The Shorebased IFQ Program may be restricted or closed, as 
determined necessary by the Regional Administrator, as a result of 
projected overages within the Shorebased IFQ Program, the Mothership 
Coop Program, or the Catcher/Processor Coop Program. As of November 24, 
2015, the Shorebased IFQ Program was projected to exceed the total 
quota pounds available to the sector (2015 allocation, plus surplus 
carryover from 2014) if

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current harvest levels continued and without management action. At 
noon, on November 26, 2015 the National Marine Fisheries Service (NMFS) 
prohibited the use of midwater trawl gear in the Shorebased IFQ Program 
for the remainder of 2015, shoreward of the boundary line approximating 
the 150 fathom depth contour (150 fm line). This bycatch reduction 
measure was taken as an automatic action, per regulations at 50 CFR 
660.140(a)(3), to reduce potential impacts on canary rockfish, an 
overfished species subject to rebuilding requirements under the 
Magnuson Stevens Fishery Conservation and Management Act. NMFS provided 
actual notice of the closure to participants by phone and email. In 
addition, NMFS posted on the West Coast Region's internet site to 
provide notice to the affected fishers. Implementation of the 
prohibition on using midwater trawl gear (cease fishing) shoreward of 
the 150 fm line was effective 22 hours after the Public Notice, to 
allow for additional time for the public to become aware of the change 
in depth restrictions.
    The Shorebased IFQ Program has a 2015 allocation of 43.26 mt of 
canary rockfish (with surplus carryover pounds from 2014: 47.28 mt). 
Higher than anticipated catch of canary rockfish occurred in the 
Shorebased IFQ Program by vessels using midwater trawl gear, exceeding 
the 2015 Shorebased IFQ Program allocation. Midwater trawl gear has 
been responsible for an increasing proportion of the annual canary 
rockfish landings in the Shorebased IFQ Program and data from the 
Northwest Fisheries Science Center shelf-slope bottom trawl survey 
indicates that canary rockfish are distributed overwhelmingly shoreward 
of the boundary line approximating the 150 fm depth contour.
    Therefore, NMFS implemented a depth restriction for vessels using 
midwater trawl gear in the Shorebased IFQ Program to reduce the risk of 
exceeding the total amount of canary rockfish available the Shorebased 
IFQ Program, total trawl allocation, and the canary rockfish ACL, 
through the end of the year.

Technical Edits

LEFG and OA Sablefish Trip Limits

    Regulatory changes published in this rule also clarify, but do not 
revise, sablefish trip limits in the limited entry fixed gear and open 
access fisheries north of 36[deg] N. lat. The 2016 sablefish ACL is 
higher than in 2015 and the Council recommended and NMFS implemented a 
schedule of slightly higher trip limits for the second year of the 
biennial period, as described in the January 6, 2015 proposed rule (80 
FR 687) and implemented in Tables 2 North and 2 South, Subpart E and 
Tables 3 North and 3 South, Subparts F (80 FR 12567, March 10, 2015). 
Because of the format of these tables, the higher 2016 trip limits were 
published in the footnotes, anticipating that an inseason for January 
1, 2016 would incorporate movement of those trip limits from the 
footnote to the body of the table. This formatting change does not 
revise the 2016 sablefish trip limits for non-IFQ fisheries north of 
36[deg] N. lat. that were described and implemented through notice and 
comment rulemaking. Accordingly, this rule modifies Tables 2 North and 
2 South, Subpart E and Tables 3 North and 3 South, Subparts F by moving 
the schedule of 2016 trip limits, unchanged, from footnotes into the 
body of the tables.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information. 
This document also serves as notice of an automatic action, based on 
the best available information. Both are consistent with the PCGFMP and 
its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and 
(d), and 660.140(a)(3) 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 the regulatory changes in this final rule may become effective 
January 1, 2016.
    New analysis regarding projected catch of big skate was presented 
to the Council at its November 2015 meeting. At that meeting, the 
Council recommended that these changes to big skate trip limits be 
implemented January 1, 2016, which is the start of the second year of 
the biennial cycle and 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 in 
January 2016. The trip limits recommended by the Council and 
implemented by NMFS in this action are anticipated to keep catch of big 
skate below its estimated OFL, if implemented on January 1. If the 
recommended limits are not in place January 1, more restrictive 
measures may be necessary later in the year to keep catch of big skate 
below its estimated OFL. There was not sufficient time after the 
November meeting, when the new information was available, to undergo 
proposed and final rulemaking before January 1.
    The depth restrictions in the Shorebased IFQ Program implemented by 
the Regional Administrator via actual notice are intended to reduce the 
risk of exceeding the trawl allocation and the 2015 ACL of canary 
rockfish. The closed area implemented by this rule needed to be in 
effect during the remainder of the 2015 fishery to shift midwater trawl 
effort in the Shorebased IFQ Program into deeper waters where they are 
less likely to catch canary rockfish. Prior notice and opportunity for 
public comment on this depth restriction was impracticable because NMFS 
had insufficient time to provide prior notice and the opportunity for 
public comment between the time the information about catch of canary 
rockfish became available and when restrictions were determined to be 
necessary to reduce the risk of further exceeding the 2015 Shorebased 
IFQ Program allocation, and also reduce the risk of exceeding the 2015 
canary rockfish trawl allocation and the ACL. Failure to respond with a 
depth restriction in a timely manner to reduce the amount by which the 
2015 Shorebased IFQ Program allocation for canary rockfish was exceeded 
would be contrary to the public interest, as it may have required more 
restrictive measures, perhaps even closure of the fishery, if higher 
than anticipated harvest of canary rockfish continued.
    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.
    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-

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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, and Indian Fisheries.

    Dated: December 24, 2015.
Alan D. Risenhoover,
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 1 North and 1 South to part 660, subpart D, are revised to 
read as follows:
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3. Tables 2 North and 2 South to part 660, subpart E, are revised to 
read as follows:

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4. Tables 3 North and 3 South to part 660, subpart F, are revised to 
read as follows:

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[FR Doc. 2015-32884 Filed 12-30-15; 8:45 am]
BILLING CODE 3510-22-P