[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41868-41876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BG08


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 attain their allocations 
and maintain year-round fishing opportunities while keeping harvest 
within the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

DATES: This final rule is effective June 28, 2016.

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 Chuck Tracy, Acting 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE Ambassador Place, Portland, OR 97220, phone: 503-820-2280.

Background

Changes to Trip Limits the Limited Entry Fixed Gear and Open Access 
Sablefish Daily Trip Limit Fisheries North of 36[deg] N. lat.

    The best available fisheries information indicates that catch of 
sablefish in the commercial non-trawl fisheries north of 36[deg] N. 
lat. in 2016 will be higher than anticipated. The Council considered 
updated projections and the status of ongoing groundfish fisheries at 
its March 9-14, 2016, and April 9-14, 2016, meetings. The Council 
considered 2015 fishery harvest estimates and fishery models, updated 
with the best estimate reports from the Pacific Fishery Information 
Network through February 28, 2016.
    At its March meeting, the Council considered updated projections, 
indicating that sablefish landings through the end of the year would 
exceed the sablefish allocation in the limited entry fixed gear daily 
trip limit (DTL) fishery north of 36[deg] N. lat. Projected landings in 
the limited entry fixed gear DTL fishery north of 36[deg] N. lat. vary 
based on assumptions on the price per pound. If no action is taken--and 
this higher than anticipated catch continues in the limited entry fixed 
gear DTL fishery--then projected landings range from 90 percent of the 
allocation (low price assumption) to over 100 percent of the allocation 
(high price assumption) through the end of the year. In recent years, 
the Council has taken a precautionary approach to setting trip limits 
at the start of the year. Setting trip limits to target approximately 
90 percent attainment of the allocation allows for flexibility to 
increase trip limits later in the year if harvest remains at or lower 
than anticipated levels, and also reduces the risk of early closure if 
catches are higher than anticipated. The Council considered a modest 
decrease to the weekly limit in the limited entry fixed gear DTL 
fishery north of 36[deg] N. lat. With a slightly smaller weekly limit, 
harvest estimates through the end of the year were reduced to between 
81 and 93 percent of the allocation (under low and high price per pound 
assumptions, respectively).
    The Council recommended and NMFS is implementing a reduction in the 
weekly limit for sablefish in the limited entry fixed gear fishery 
north of 36[deg] N. lat. from ``1,275 lb per week, not to exceed 3,375 
lb per two months'' to ``1,125 lb per week, not to exceed 3,375 lb per 
two months.''
    At its April meeting, the Council considered 2015 fishery 
performance, status of ongoing fisheries in 2016, updated projections, 
and requests from industry regarding the open access DTL fishery north 
of 36[deg] N. lat. Harvest of sablefish in the open access DTL fishery 
north of 36[deg] N. lat. exceeded its allocation in 2015. Industry 
raised concerns that participation levels seen in 2015 may further 
increase in 2016 due to a predicted poor salmon fishing season and lack 
of a Dungeness crab fishery off California. If no action is taken and 
this higher than anticipated catch continues in the open access DTL 
fishery, landings through the end of the year are projected to be 70 
percent of the allocation. The Council considered these updated 
projections, and concerns and recommendations from industry 
representatives. Based on public testimony, there is anecdotal evidence 
of a sharp increase in participation in this fishery, particularly in 
southern Oregon and northern California ports. Industry representatives 
recommended a precautionary decrease in trip limits beginning July 1 to 
slow landings and maintain year-round fishing opportunities. The 
Council considered a precautionary reduction to open access DTL trip 
limits to maintain harvest opportunities throughout the year even under 
much higher participation levels.
    The Council recommended and NMFS is implementing a reduction in the 
trip limit for sablefish in the open access fishery north of 36[deg] N. 
lat. from ``300 lb per day, or one landing per week of up to 1,000 lb, 
not to exceed 2,000 lb per two months'' to ``300 lb per day, or one 
landing per week of up to 850 lb, not to exceed 1,700 lb per two 
months,'' beginning July 1, 2016.
    Decreases to trip limits in the limited entry fixed gear and open 
access DTL fisheries north of 36[deg] N. lat. are intended to allow 
year-round fishing opportunities and reduce the risk of closure as 
occurred in 2015 (when the limited entry fixed gear and open access DTL 
fisheries north of 36[deg] N. lat. were both closed on November 1, 
reducing the season length by two months).

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information, 
consistent

[[Page 41869]]

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 28, 2016.
    The Council recommended that these changes be implemented as 
quickly as possible to reduce harvest of sablefish in the limited entry 
fixed gear and open access DTL fisheries north of 36[deg] N. lat. based 
in information available at its March and April meetings. There was not 
sufficient time after those meetings to draft this document and undergo 
proposed and final rulemaking before this action needs to be in effect. 
For the action 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 sablefish ACLs in accordance with 
the PCGFMP and applicable law. These adjustments to management measures 
must be implemented in a timely manner to prevent the 2016 sablefish 
north 36[deg] N. lat. allocations from being exceeded and help ensure 
year-round fishing opportunities, consistent with objectives of the 
PCGFMP. No aspect of this action is controversial, and changes of this 
nature were anticipated in the groundfish 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 Reporting and recordkeeping requirements.

    Dated: June 22, 2016.
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.


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2. Table 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. 2016-15155 Filed 6-27-16; 8:45 a.m.]
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