[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60288-60295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21091]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BG27


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.

DATES: This final rule is effective September 1, 2016.

FOR FURTHER INFORMATION CONTACT: Benjamin Mann, phone: 206-526-6117, 
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, 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 June 21-28, 2016, meeting. Specifically, the Council 
recommended taking a portion of the Pacific ocean perch (POP) initially 
deducted from the annual catch limit (ACL) and making it available to 
the mothership (MS) sector; a trip limit increase for black rockfish in 
the limited entry fixed gear (LEFG) and open access (OA) fisheries in 
northern California; and trip limit reductions in the OA sablefish 
daily trip limit (DTL) fishery north of 36[deg] N. lat.

Transferring POP to the Mothership Sector

    As part of biennial harvest specifications and management measures, 
ACLs are set for non-whiting groundfish species, deductions are made 
``off-the-top'' from the ACL to account for various sources of 
mortality (including scientific research activities) and the remainder, 
the fishery harvest guideline, is allocated among the various 
groundfish fisheries. The limited availability of overfished species 
that can be taken as incidental catch in the Pacific whiting fishery, 
particularly darkblotched rockfish, POP, and canary rockfish, led NMFS 
to implement sector-specific allocations for these species to the 
Pacific whiting fisheries. If the sector-specific allocation for a non-
whiting species is reached, NMFS may close one or more of the at-sea 
sectors automatically, per regulations at Sec.  660.60(d).
    At the June, 2016 meeting, MS and catcher/processor (C/P) sectors 
requested more POP to accommodate higher than anticipated harvest and 
prevent closure of the fishery prior to harvesting their allocations of 
Pacific whiting.
    At the start of 2016, the MS and C/P sectors of the Pacific whiting 
fishery were allocated 7.2 mt and 10.2 mt of POP respectively, per 
regulations at Sec.  660.55(c)(1)(i)(B). According to the best fishery 
information available at the June 2016 meeting, POP bycatch in the MS 
sector was approximately double 2016 POP bycatch projections. At that 
time, best available information regarding bycatch rates of POP in the 
MS sector indicated that if those rates continued, only 53 percent 
(38,246 mt) of the Pacific whiting allocation would be harvested by the 
end of the 2016 fishery. Therefore, the Council recommended that NMFS 
monitor fishery harvest of Pacific whiting and POP relative to their 
respective at-sea sector allocations, update projections of Pacific 
whiting allocation attainment based on new, updated POP bycatch rates, 
and if necessary, transfer some POP that would otherwise go unharvested 
to either the MS or C/P sectors as needed.
    Current projections by the Northwest Fishery Science Center 
indicate that approximately 3.7 mt of POP off-the-top deductions for 
scientific research would remain unharvested through the end of the 
year. As of August 11, 2016, the C/P sector has only harvested 
approximately 4.1 percent (0.41 mt) of its 2016 POP allocation 
indicating the C/P sector has sufficient POP allocation to cover their 
Pacific whiting harvests. However, approximately 70 percent (5.0 mt) of 
the total MS sector POP allocation has been harvested and only 
approximately 47 percent (34,256.46 mt) of the Pacific whiting 
allocation has been harvested. Using the most recent catch data through 
August 11, 2016, NMFS projects that at current rates, the MS sector 
will only harvest approximately 49 percent (35,486.35 mt) of its total 
Pacific whiting allocation (74,415 mt) before reaching the 7.2 mt POP 
allocation. Therefore, consistent with the Council's June 
recommendation to take into account the best estimates of the amount of 
POP available and the updated bycatch rates in the MS and C/P 
fisheries, NMFS is transferring 3.0 mt of POP to the at-sea sectors.
    This rule transfers 3.0 mt of POP that is expected to go 
unharvested from the scientific research off-the-top deduction to the 
MS sector. This transfer increases the MS sector POP allocation from 
7.2 mt to 10.2 mt. The remaining amount in the off-the-top deduction 
for scientific research is anticipated to go

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unharvested (0.7 mt) but is not transferred at this time to buffer for 
uncertainty in the estimates of POP harvest in scientific research. 
This inseason action increases the POP amount available to the MS 
sector, and is expected to provide opportunity for the MS sector to 
obtain their entire Pacific whiting allocation (72,415 mt). Transfer of 
POP to the MS sector, when combined with projected impacts from all 
other sources, is not expected to result in greater impacts to POP than 
the 2016 ACL. This action is also not expected to increase impacts to 
other overfished species from those originally projected through the 
end of the year.

Increase in Trip Limits for the Black Rockfish LEFG and 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. In 2016, 
reduced fishing effort as a result of poor weather and ocean conditions 
has significantly impacted catch rate of black rockfish in the area 
between 42[deg] N. lat., and 40[deg]10' N. lat. for the LEFG and OA 
black rockfish commercial fisheries. The State of California reported 
2016 black rockfish catch to be approximately 5 percent of the total 
allocation (19.9 mt of the 420 mt allocated). To provide the 
opportunity to harvest a larger portion of their allocation the Council 
recommended and NMFS is implementing an increase in the bimonthly trip 
limits for the LEFG fishery and the OA fishery between 42[deg] N. lat., 
and 40[deg]10' N. lat. from ``6,000 lbs/2 months which, no more than 
1,200 lbs may be species other than black rockfish'' to ``7,000 lbs/2 
months of which, no more than 1,200 lbs may be species other than black 
rockfish.'' The increased trip limits described above will be effective 
in periods 5 and 6, beginning September 1.

Reduction in Trip Limits in the OA Sablefish Fishery North of 36[deg] 
N. Lat.

    Reduced opportunities in other fisheries (e.g. crab and salmon) in 
2016 have resulted in higher than normal effort in the open access 
sablefish fishery north of 36[deg] N. lat. Reports from the PacFIN 
Quota Species Monitoring (QSM) Best Estimate Report (BER) dated June 
18, 2016 indicate actual landings have been approximately double 2016 
projections in the fishery. The Council's groundfish advisory panel 
(GAP) recommended a reduction in trip limits to reduce effort in order 
to avoid exceeding 2016 sablefish allocations to the fishery. The 
Council's GMT projected landings at the current rate of effort were 112 
percent to 117 percent of the total OA allocation, through the end of 
the year. At its June 2016 meeting, the Council recommended and NMFS is 
implementing a trip limit adjustment from ``300 lbs/day, or one landing 
per week of up to 850 lb, not to exceed 1,700 lb/2 months'' to ``300 
lbs/day, or one landing per week of up to 750 lbs, not to exceed 1,500 
lbs/2 months.'' Model projections through the end of the year with 
these adjustments show a total landing of 98 percent of the 2016 OA 
allocation. The reduced trip limits described above will be effective 
in periods 5 and 6, beginning September 1.

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 
September 1, 2016.
    At its June 2016 meeting, the Council recommended that NMFS 
consider a transfer of POP to the MS and C/P sectors, as needed based 
on the most recent fishery information. The Council recommended that 
the transfer be implemented as quickly as possible once the amount of 
POP, that would otherwise go unharvested in scientific research 
activities, was estimated. Updated catch information from scientific 
research activities became available in early August. There was not 
sufficient time after the June 2016 Council meeting or after research 
catch information was available to undergo proposed and final 
rulemaking before this action needs to be in effect. For the action 
implemented in this final rule, affording the time necessary for prior 
notice and opportunity for public comment would prevent transfer of POP 
to the MS sector until later in the season, or potentially eliminate 
the possibility of doing so during the 2016 calendar year entirely, and 
is therefore impracticable. Failing to transfer POP to the MS sector in 
a timely manner could result in unnecessary restriction of fisheries if 
the MS sector exceeded their allocations. Providing the MS sector 
fishermen an opportunity to harvest their limits of Pacific whiting 
without interruption and, when combined with harvest from other 
sectors, without exceeding the POP ACL, allows harvest as intended by 
the Council, consistent with the best scientific information available. 
The Pacific whiting fishery contributes a large amount of revenue to 
the coastal communities of Washington and Oregon and this change allows 
continued harvest of Pacific whiting while continuing to prevent ACLs 
of overfished species and the allocations for target species from being 
exceeded.
    The Council also recommended commercial trip limit changes for 
black rockfish and sablefish. These changes are based on the best 
available information, consistent with the PCGFMP and its implementing 
regulations. At the June Council meeting the Council recommended that 
increase to black rockfish trip limits be implemented as quickly as 
possible during the two-month cumulative limit period and that the 
decrease to sablefish trip limits be implemented as quickly as 
possible, by the start of the next 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 off 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 OA

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fixed gear fishermen an opportunity to harvest higher limits of black 
rockfish without exceeding the ACL. The decrease to sablefish trip 
limits must be implemented by the start of the next two-month 
cumulative limit period, September 1, to prevent exceedance of the ACL 
and allow year-round fishing opportunities for fishermen. It would be 
contrary to public interest to delay implementation of these changes 
until after public notice and comment, because making the regulatory 
changes by September 1, allows harvest as intended by the Council, 
consistent with the best scientific information available. The increase 
to black rockfish trip limits allows additional harvest in fisheries 
that are important to coastal communities while continuing to prevent 
the black rockfish ACL from being exceeded. The decrease to sablefish 
trip limits allows continued harvest in a fishery that is important to 
coastal communities while continuing to prevent sablefish ACL from 
being exceeded.
    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-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, Indian fisheries.

    Dated: August 29, 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 2b to part 660, subpart C, is revised to read as follows:

                               Table 2b to Part 660, Subpart C--2016, and Beyond, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
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                                                                                                                         Trawl             Non-trawl
                   Species                                            Area                         Fishery HG or ---------------------------------------
                                                                                                        ACT           %        Mt         %        Mt
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BOCACCIO \a\.................................  S of 40[deg]10' N. lat...........................           353.7       N/A      85.0       N/A     268.7
Canary rockfish a b..........................  Coastwide........................................           109.8       N/A      58.5       N/A      51.3
COWCOD a c...................................  S of 40[deg]10' N. lat...........................             4.0       N/A       1.4       N/A       2.6
DARKBLOTCHED ROCKFISH \d\....................  Coastwide........................................           325.2        95     308.9         5      16.3
Petrale sole \a\.............................  Coastwide........................................         2,673.4       N/A   2,638.4       N/A      35.0
PACIFIC OCEAN PERCH \e\......................  N of 40[deg]10' N. lat...........................           149.0        95     141.6         5       7.5
YELLOWEYE ROCKFISH \a\.......................  Coastwide........................................            13.2       N/A       1.1       N/A      12.1
Arrowtooth flounder..........................  Coastwide........................................           3,241        95     3,079         5       162
Chilipepper..................................  S of 40[deg]10' N. lat...........................           1,595        75     1,196        25       399
Dover sole...................................  Coastwide........................................          48,406        95    45,986         5     2,420
English sole.................................  Coastwide........................................           6,991        95     6,642         5       350
Lingcod......................................  N of 40[deg]10' N. lat...........................           2,441        45     1,098        55     1,342
Lingcod......................................  S of 40[deg]10' N. lat...........................             937        45       422        55       515
Longnose skate \a\...........................  Coastwide........................................           1,927        90     1,734        10       193
Longspine thornyhead.........................  N of 34[deg]27' N. lat...........................           2,969        95     2,820         5       148
Pacific cod..................................  Coastwide........................................           1,091        95     1,036         5        55
Pacific whiting..............................  Coastwide........................................         301,731       100   301,731         0         0
                                                                                                                 ---------------------------------------
Sablefish....................................  N of 36[deg] N. lat..............................               0               See Table 1C
                                                                                                                 ---------------------------------------
Sablefish....................................  S of 36[deg] N. lat..............................           1,875        42       788        58     1,088
Shortspine thornyhead........................  N of 34[deg]27' N. lat...........................           1,667        95     1,583         5        83
Shortspine thornyhead........................  S of 34[deg]27' N. lat...........................             871        NA        50        NA       821
Splitnose....................................  S of 40[deg]10' N. lat...........................           1,736        95     1,649         5        87
Starry flounder..............................  Coastwide........................................           1,529        50       764        50       764
Widow rockfish \f\...........................  Coastwide........................................           1,880        91     1,711         9       169
Yellowtail rockfish..........................  N of 40[deg]10' N. lat...........................           5,314        88     4,677        12       638
Minor Shelf Rockfish complex \a\.............  N of 40[deg]10' N. lat...........................           1,880      60.2     1,132      39.8       748
Minor Shelf Rockfish complex \a\.............  S of 40[deg]10' N. lat...........................           1,576      12.2       192      87.8     1,384
Minor Slope Rockfish complex.................  N of 40[deg]10' N. lat...........................           1,642        81     1,330        19       312
Minor Slope Rockfish complex.................  S of 40[deg]10' N. lat...........................             675        63       425        37       250
Other Flatfish complex.......................  Coastwide........................................           7,039        90     6,335        10       704
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\a\ Allocations decided through the biennial specification process.
\b\ 14.0 mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.8 mt for the mothership
  fishery, and 8.2 mt for the catcher/processor fishery.
\c\ The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
\d\ Consistent with regulations at Sec.   660.55(c), 9 percent (27.8 mt) of the total trawl allocation for darkblotched rockfish is allocated to the
  whiting fisheries, as follows: 11.7 mt for the shorebased IFQ fishery, 6.7 mt for the mothership fishery, and 9.4 mt for the catcher/processor
  fishery. The tonnage calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which
  is found at 660.140(d)(1)(ii)(D).
\e\ Consistent with regulations at Sec.   660.55(c), 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6
  mt for the shorebased IFQ fishery, 7.2 mt for the mothership fishery, and 10.2 mt for the catcher/processor fishery. The amount available to the
  mothership fishery was raised from 7.2 mt to 10.2 mt, by transferring 3.0 mt of the 5.2 mt initially deducted from the ACL to accunt for scientific
  research mortality, consistent with Sec.   660.60(c)(3)(ii). The tonnage calculated here for the whiting portion of the shorebased IFQ fishery
  contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
\f\ Consistent with regulations at Sec.   660.55(c), 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as
  follows: 210 mt for the shorebased IFQ fishery, 120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage
  calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at
  660.140(d)(1)(ii)(D).


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3. Table 2 (North) to part 660, subpart E, is 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. 2016-21091 Filed 8-31-16; 8:45 am]
 BILLING CODE 3510-22-C