[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Rules and Regulations]
[Pages 48656-48667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22695]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BH20


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2017-2018 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 October 19, 2017.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491, 
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/.

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 and management 
measures are developed by the Pacific Fishery Management Council 
(Council), and are implemented by NMFS.
    The final rule to implement the 2017-2018 harvest specifications 
and management measures for most species of the Pacific coast 
groundfish fishery was published on February 7, 2017 (82 FR 9634).
    The Council, in coordination with Pacific Coast Treaty Indian 
Tribes and the States of Washington, Oregon, and California, 
recommended three changes to current groundfish management measures at 
its September 11-18, 2017 meeting. The changes the Council recommended 
include: (1) Increasing the sablefish trip limits in the limited entry 
fixed gear (LEFG) and open access (OA) sablefish daily trip limit (DTL) 
fisheries north of 36[deg] North latitude (N. lat.), (2) adding a 
reference to the current lingcod size limits in the trip limit table 
for the trawl fishery, and (3) implementing depth restrictions in the 
California recreational fishery.

LEFG and OA Sablefish DTL Fisheries North of 36[deg] N. Lat.

    To increase harvest opportunities for LEFG and OA sablefish DTL 
fisheries north of 36[deg] N. lat., the Council recommended increases 
to sablefish trip limits for all remaining periods in 2017. Trip limits 
for LEFG and OA sablefish DTL fisheries have been designated at 50 CFR 
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP as routine 
management measures.
    Sablefish are distributed coastwide with harvest specifications 
split north and south of 36[deg] N. lat. Trip limit increases, for 
species such as sablefish, are intended to increase attainment of the 
non-trawl harvest guideline (HG).
    To assist the Council in evaluating the increases to sablefish trip 
limits, the Groundfish Management Team (GMT) made model-based landings 
projections for the LEFG and OA sablefish DTL fisheries north of 
36[deg] N. lat. for the remainder of this year. These projections were 
based on the most recent information available. The model predicts 
harvest of 76 percent (194 mt) of the LEFG harvest guideline (HG) (258 
mt) and harvest of 77 percent (326 mt) of the OA sablefish DTL fishery 
HG (425 mt) under the current limits through the end of the year. With 
the recommended increase in sablefish trip limits, the projected 
harvest is 80 percent (206.9 mt) of the LEFG HG (258 mt) and 88 percent 
(374 mt) of the OA sablefish DTL fishery HG (425 mt) through the end of 
the year. This increase in trip limits does not change projected 
impacts to co-occurring overfished species from those anticipated in 
the 2017-18 harvest specifications and management measures, as the 
projected impacts to those species assume that the entire sablefish ACL 
is harvested. Finally, projections for the LEFG sablefish fisheries 
south of 36[deg] N. lat. are similar to levels anticipated in the 2017-
18 harvest specifications and management measures, and no requests were 
made by industry for changes; therefore, no inseason actions were 
considered. Therefore, the Council recommended and NMFS is 
implementing, by modifying Tables 2 (North and South) to part 660, 
subpart E, trip limit changes for the LEFG 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 ``1,100 lb (499 kg) per 
week, not to exceed 3,300 lb (1,497 kg) per two months'' to ``1,500 lb 
(680 kg) per week, not to exceed 4,500 lb (2,041 kg) per two months'' 
beginning in period 5 through the end of the year.
    The Council also recommended and NMFS is implementing, by modifying 
Tables 3 (North and South) to part 660, subpart F, trip limits for 
sablefish in the OA sablefish DTL fishery north of 36[deg] N. lat., an 
increase from ``300 lb (136 kg) per day, or one landing per week of up 
to 1,000 lb (454 kg), not to exceed 2,000 lb (907 kg) per two months'' 
to ``300 lb (136 kg) per day, or one landing per week of up to 1,300 lb 
(590 kg), not to exceed 2,600 lb (1,179 kg) per two months'' beginning 
in period 5 through the end of the year.

Clarification on Lingcod Size Limits for the Shorebased Individual 
Fishing Quota (IFQ) Program

    At the September Council meeting, members of the Enforcement 
Consultants (EC) noted confusion with regards to size limits for 
lingcod, an IFQ species, caught with trawl gear in the Shorebased IFQ 
Program north and south of 42[deg] N. lat. Currently, lingcod size 
limits apply, per regulations at Sec.  660.60(h)(5)(ii)(B)(2). However, 
members of the EC and the public have commented that it can be 
difficult to find the regulations, and that they could be 
misinterpreted. Therefore, the Council recommended that NMFS include a 
reference to the current lingcod size limits (22 inches for north of 
42[deg] N. lat. and 24 inches for south of 42[deg] N. lat.) in Tables 1 
(North and South), part 660, subpart D. However, Tables 1 (North and 
South) do not provide any information regarding IFQ species (e.g. size 
limits, landing limits, vessel limits, etc.). These tables describe 
rockfish conservation areas for vessels using groundfish trawl gear and 
incidental landing allowances for non-IFQ species (for vessels 
registered to a limited entry trawl permit and using groundfish trawl 
or groundfish non-trawl gears to harvest IFQ species). NMFS thought it 
might cause confusion to intermingle IFQ species size limits in the 
tables that describe non-IFQ species

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trip limits and trawl rockfish conservation area boundaries. However, 
consistent with the intent to clarify the applicable size limits for 
lingcod harvested in the Shorebased IFQ Program, NMFS is clarifying 
regulations at Sec.  660.60(h)(5)(ii)(B)(2).
    Size limits are designated as routine management measures at Sec.  
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP. Based on the 
reasons stated above, instead of including a reference to lingcod size 
limits in Tables 1 (North and South), NMFS is making clarifying edits 
to existing regulations at Sec.  660.60(h)(5)(ii)(B), which is the 
section of the regulations describing weight conversions and size 
limits for the Shorebased IFQ Program. The change to the regulations 
includes a clear reference to the lingcod size limits for north and 
south of 42[deg] N. lat. for the Shorebased IFQ Program for both the 
whole fish and fish with the head removed.

California Recreational Fishery Management Measures

    In June 2016, the Council recommended Oregon and California 
recreational groundfish regulations for 2017 and 2018. At that time, 
management measures were anticipated to keep recreational catch within 
HGs and targets. However, recently, recreational fisheries in both 
Oregon and California have experienced higher than expected mortality 
for certain species. These species include black rockfish and cabezon 
in Oregon only, as well as yelloweye rockfish in both Oregon and 
California. The higher mortality has likely been the result of more 
favorable weather conditions experienced over the past few months, as 
well as increased fishing for groundfish due to a decline in salmon 
harvest opportunities due to the status of salmon stocks. Because of 
these factors, effort and impacts have been higher than originally 
projected, and will approach and/or exceed relevant state HGs. The 
state of Oregon has recently taken action through their state processes 
to address the higher than anticipated harvest in their recreational 
fisheries. California, however, relies on modifications to the federal 
regulations to address their higher than anticipated harvest. Inseason 
changes to depth restrictions for the California recreational fishery 
are designated at Sec.  660.60(c)(3)(i) and in Section 6.2.1 of the 
PCGFMP as routine management measures.
    At the September Council meeting, the GMT was informed that 
California was experiencing higher than projected recreational harvest 
of yelloweye rockfish. The California Department of Fish and Wildlife 
(CDFW) stated in their report (September 2017 Council Meeting, Agenda 
Item E.10.a, Supplemental CDFW Report 1) that information through 
September 10, 2017 suggested that, without intervention to reduce 
encounters, the California recreational harvest of yelloweye rockfish 
would exceed the state's HG by 15 percent, or almost 0.6 mt over their 
3.9 mt HG. Based on this new information, the GMT conducted model-based 
runs for two alternative season structures that included depth-based 
area closures for October-December. The model determined that by 
restricting the depths at which fishing may occur, CDFW could reduce 
the projected impacts to yelloweye rockfish by 0.3-0.4 mt.
    Therefore, the Council recommended and NMFS is implementing, 
through modifications to regulations at Sec.  660.360(c)(3)(i)(A)(1) 
through (4), more restrictive depth closures for 4 of the 5 California 
recreational fishery management areas. The Council did not recommend a 
change for the Southern Management Area (south of 34[deg]27' N. lat.) 
at this time, which is already restricted to waters deeper than the 60 
fm depth contour.
    Under the current regulations, recreational fishing is restricted 
by depth in the Northern and Mendocino Management Areas during May 
through October 31; with all depths open for November and December. 
With the implementation of this rule, recreational fishing in this 
management area will be restricted from mid-October through the end of 
the year to shoreward of the 20 fm depth contour. Additionally, 
recreational fishing is currently restricted to shoreward of the 40 fm 
depth contour in the San Francisco Management Area and the 50 fm depth 
contour in the Central Management Area. Through this rule, recreational 
fishing will be further restricted between October 16 and December 31 
in these areas. Beginning October 16 in the San Francisco Management 
Area, recreational fishing will be prohibited seaward of the 30 fm 
depth contour and the 40 fm depth contour in the Central Management 
Area.
    More restrictive depth restrictions are intended to allow some 
recreational fishing to continue to occur while reducing catch of 
overfished yelloweye rockfish and keeping projected total catch through 
the end of the year below the ACL. According to the most recent data, 
even taking into account the overages in Oregon and California, there 
is an approximately 1.3 mt residual amount of yelloweye rockfish from 
the off-the-top deductions that were made through the biennial 
specifications process, including 0.4 mt that was not allocated at the 
beginning of the biennium, 0.9 mt from research which is projected to 
go unused, and 0.3 mt from incidental open access that is projected to 
go unused. Therefore, even if California takes an additional 0.6 mt 
over their 3.9 mt allocation, there is an extremely low risk of 
exceeding the ACL.

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 October 19, 2017. The 
adjustments to management measures in this document affect commercial 
fisheries in Washington, Oregon and California and recreational 
fisheries in California. No aspect of this action is controversial, and 
changes of this nature were anticipated in the biennial harvest 
specifications and management measures established through a notice and 
comment rulemaking for 2017-18.
    Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

LEFG and OAFG DTL Sablefish Fisheries North of 36[deg] N. Lat.

    At its September 2017 Council meeting, the Council recommended an 
increase to LEFG and OA sablefish north of 36[deg] N. lat. trip limits 
be implemented as quickly as possible to allow harvest of sablefish to 
approach but not exceed the 2017 ACL. There was not sufficient time 
after that meeting to undergo proposed and final rulemaking before this 
action needs to be in effect. Affording the time necessary for prior

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notice and opportunity for public comment would prevent NMFS from 
managing the LEFG and OA fixed gear sablefish DTL fishery using the 
best available science to approach, without exceeding, the ACLs for 
federally managed species in accordance with the PCGFMP and applicable 
law. These increases to trip limits must be implemented as quickly as 
possible during the two-month cumulative limit period to allow LEFG and 
OAFG fishermen an opportunity to harvest higher limits for sablefish 
without exceeding the ACL north of 36[deg] N. lat.
    It is in the public interest for fishermen to have an opportunity 
to harvest the sablefish ACL north of 36[deg] N. lat. because the 
sablefish fishery contributes revenue to the coastal communities of 
Washington, Oregon, and California. This action, if implemented 
quickly, is anticipated to allow catch of sablefish through the end of 
the year to approach but not exceed the ACL, and allows harvest as 
intended by the Council, consistent with the best scientific 
information available.

Clarification on Lingcod Size Limits for the Shorebased IFQ Program

    At its September Council meeting, the Council recommended NMFS 
include a reference to the lingcod size limits for north and south of 
42[deg] N. lat. in the trip limit tables for the limited entry trawl 
fishery, Tables 1 (North and South). After additional consideration, 
NMFS is clarifying existing regulations instead of adding a reference 
to the trip limit tables for the reasons mentioned in the above 
section. There was not sufficient time after the Council meeting to 
undergo proposed and final rulemaking before this action needs to be in 
effect. Affording the time necessary for prior notice and opportunity 
for public comment would not be in the public interest for fishermen or 
the public. Fisherman knowing and abiding by the correct size limits in 
regulation protects small and juvenile fish and prevents unintended 
impacts to the stock. This action, if implemented quickly, is 
anticipated to make the lingcod size limits clearer for fishermen and 
the NOAA Office of Law Enforcement as well as state enforcement 
agencies, which will help them to abide by all federal size limits for 
lingcod, and is consistent with the best scientific information 
available.

California Recreational Fishery Management Measures

    At its September Council meeting, the Council recommended changes 
to the depth restrictions for recreational fishery management areas off 
of California be implemented as soon as possible to prevent further 
exceedance of the state HG for yelloweye rockfish (3.9 mt) while still 
providing recreational fishing opportunity to that sector. There was 
not sufficient time after that meeting to undergo proposed and final 
rulemaking before this action needs to be in effect. Affording the time 
necessary for prior notice and opportunity for public comment would 
prevent NMFS and California from managing the California recreational 
sector using the best available science to address exceedance of the 
State's yelloweye rockfish HG, keep catch through the end of the year 
within the rebuilding ACL, while allowing harvest opportunites as 
intended by the Council and in accordance with the PCGFMP and 
applicable law. These depth-based restrictions will move vessels to 
shallower waters where they are less likely to encounter yelloweye 
rockfish, while also providing the recreational fishing opportunity 
that benefits local communities.
    It is in the public interest in California to allow the 
recreational fishery to remain open for the remainder of the year. 
Recreational fishing in California contributes revenue to the coastal 
communities of that state, and closing the fishery for the remainder of 
the year would cause adverse economic impacts to those communities. 
This action, if implemented quickly, is anticipated to provide 
recreational fishing opportunity for the duration of the year, keep the 
yelloweye rockfish harvest within the federal ACL, and is consistent 
with the best scientific information available.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.


    Dated: October 16, 2017.
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.

0
2. In Sec.  660.60, paragraphs (h)(5)(ii)(B) introductory text, 
(h)(5)(ii)(B)(2) introductory text, and (h)(5)(ii)(B)(2)(i) and (ii) 
are revised to read as follows:


Sec.  660.60  Specifications and management measures.

* * * * *
    (h) * * *
    (5) * * *
    (ii) * * *
    (B) Shorebased IFQ Program. For vessels landing sorted catch, the 
weight conversions for purposes of applying QP and size limits are 
provided in paragraphs (h)(5)(ii)(B)(2)(i) through (iii) of this 
section.
* * * * *
    (2) Lingcod. The following conversions and size limits apply:
    (i) The minimum size limit for lingcod North of 42[deg] N. lat. is 
22 inches (56 cm) total length for whole fish, which corresponds to 18 
inches (46 cm) with the head removed.
    (ii) The minimum size limit for lingcod South of 42[deg] N. lat. is 
24 inches (61 cm) total length for whole fish, which corresponds to 
19.5 inches (49.5 cm) with the head removed.
* * * * *

0
3. Table 2 (North) and Table 2 (South) to part 660, subpart E are 
revised to read as follows:

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

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0
5. In Sec.  660.360, paragraphs (c)(3)(i)(A)(1) through (4) are revised 
to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10' N. lat. (Northern Management Area), recreational fishing for 
all groundfish (except petrale sole, starry flounder, and ``other 
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is 
prohibited seaward of the 30 fm (55 m) depth contour along the mainland 
coast and along islands and offshore seamounts from May 1 through 
October 15 (shoreward of 30 fm is open); is prohibited seaward of the 
20 fm (37 m) depth contour along the mainland coast and along islands 
and offshore seamounts from October 16 through December 31 (shoreward 
of 20 fm is open); and is closed entirely from January 1 through April 
30. Coordinates for the boundary line approximating the 20 (37 m) and 
30 fm (55 m) depth contours are listed in Sec.  660.71.
    (2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino 
Management Area), recreational fishing for all groundfish (except 
petrale sole, starry flounder, and ``other flatfish'' as specified in 
paragraph (c)(3)(iv) of this section) is prohibited seaward of the 20 
fm (37 m) depth contour along the mainland coast and along islands and 
offshore seamounts from May 1 through December 31 (shoreward of 20 fm 
is open), and is closed entirely from January 1 through April 30. 
Coordinates for the boundary line approximating the 20 fm depth contour 
are listed in Sec.  660.71.
    (3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San 
Francisco Management Area), recreational fishing for all groundfish 
(except petrale sole, starry flounder, and ``other flatfish'' as 
specified in paragraph (c)(3)(iv) of this section) is prohibited 
seaward of the boundary line approximating the 40 fm (73 m) depth 
contour along the mainland coast and along islands and offshore 
seamounts from April 15 through October 15; is prohibited seaward of 
the boundary line approximating the 30 fm (55 m) depth contour along 
the mainland coast and along islands and offshore seamounts from 
October 16 through December 31, and is closed entirely from January 1 
through April 14. Closures around Cordell Banks (see paragraph 
(c)(3)(i)(C) of this section) also apply in this area. Coordinates for 
the boundary line approximating the 30 (55 m) and 40 fm (73 m) depth 
contours are listed in Sec.  660.71.
    (4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central 
Management Area), recreational fishing for all groundfish (except 
petrale sole, starry flounder, and ``other flatfish'' as specified in 
paragraph (c)(3)(iv) of this section) is prohibited seaward of a 
boundary line approximating the 50 fm (91 m) depth contour along the 
mainland coast and along islands and offshore seamounts

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from April 1 through October 15; is prohibited seaward of a boundary 
line approximating the 40 fm (73 m) depth contour along the mainland 
coast and along islands and offshore seamounts from October 16 through 
December 31and is closed entirely from January 1 through March 31 
(i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 40 fm (73 m) depth contour are 
specified at Sec.  660.71 and the 50 fm (91 m) depth contour are 
specified in Sec.  660.72.
* * * * *
[FR Doc. 2017-22695 Filed 10-18-17; 8:45 am]
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