[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4850-4862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02121]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BH47


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2017-18 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.

-----------------------------------------------------------------------

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 February 2, 2018.

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 website at https://www.federalregister.gov. Background 
information and documents are available at the Pacific Fishery 
Management Council's website 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 2017-18 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 the following changes to current groundfish management 
measures at its November 13-20, 2017, meeting: (1) Increasing the big 
skate trip limits for the shorebased individual fishing quota (IFQ) 
program, (2) decreasing the sablefish trip limits for limited entry 
fixed gear (LEFG) and open access (OA) daily trip limit (DTL) fisheries 
north of 36[deg] North Latitude (N lat.), and (3) increasing the 
lingcod trip limits for the LEFG and OA fisheries north of 40[deg]10' N 
lat.

Big Skate Trip Limits for the Shorebased IFQ Program

    At the November 2017 Council meeting, the Council's Groundfish 
Advisory Subpanel (GAP) recommended higher trip limits for big skate 
for the shorebased IFQ program in 2018. For 2017-18, the annual catch 
limit (ACL) was set at 494 metric tons (mt), the fishery harvest 
guideline (HG) was 437 mt, and the trawl allocation was 414.8 mt, which 
includes big skate caught by the at-sea fleet. Bi-monthly trip limits 
for 2017-18 were set at 5,000 pounds (lbs) (January-February), 25,000 
lbs (March-April), 30,000 lbs (May-June), 35,000 lbs (July-August), 
10,000 lbs (September-October), and 5,000 lbs (November-December).
    In November 2017, based on the partial catch data for 2017, the 
Groundfish Management Team (GMT) estimated that attainment of big skate 
in the IFQ fishery would be 88 percent for 2018, approximately 365 mt. 
Given that the projected attainment of big skate was approaching full 
attainment with status quo trip limits, the GMT modeled modest 
increases in trip limits for 2018 using the 2016 Groundfish Mortality 
Report data and 2017 catch data. The GMT's use of the additional 2017 
catch data changed the projected 2018 annual targets relative to the 
original annual targets that were used to set the 2017-18 big skate 
trip limits. The two trip limit alternatives modeled by the GMT would 
result in higher estimated attainments (94 and 98 percent) of big skate 
than the estimated 88 percent attainment under the status quo trip 
limits. In order to maximize opportunity for vessels and increase 
attainment, the Council recommended and NMFS is implementing, by 
modifying Tables 1 (North and South) to part 660, subpart D, the 
following trip limits for big skate in the IFQ program: Period 1, 5,000 
lbs, Period 2, 30,000 lbs, Period 3, 35,000 lbs, Period 4, 40,000 lbs, 
Period 5, 15,000 lbs, and Period 6, 5,000 lbs. These increased trip 
limits are expected to increase projected attainment of the big skate 
IFQ allocation to 98 percent in 2018.

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

    Sablefish are distributed coastwide with harvest specifications 
split north and south of 36[deg] N lat. Trip limits in the LEFG and OA 
DTL fisheries, for species such as sablefish, are intended to keep 
attainment of the non-trawl HG within the ACL. The trip limits for 
sablefish for 2017-18 were established through the final rule for the 
2017-18 harvest specifications (82 FR 9634) based on catch data through 
2015.
    Inseason catch data from 2017 suggested possible under-attainment 
of the sablefish non-trawl HG. During the September 2017 Council 
meeting, the GMT made model-based landings projections for the LEFG and 
OA sablefish DTL fisheries north of 36[deg] N lat. for the remainder of 
2017 to assist the Council in evaluating potential increases to 
sablefish trip limits. These projections used the most recent 
information available, including inseason catch data from 2017, and 
showed under-attainment of the 2017 sablefish non-trawl HG. Based on 
these projections, the LEFG and OA sablefish trip limits were raised 
through an inseason action on October 19, 2017 (82 FR 48656). The 2017 
trip limits established through the September inseason action for LEFG 
and OA sablefish remain in place for 2018 until changed.
    At the November 2017 Council meeting, the GMT updated the 
projections for the attainment of the sablefish HG for 2018 with data 
through October 31, 2017. These projections showed possible attainment 
of the sablefish allocation between 95.2 and 125.2 percent for the LEFG 
fishery, and

[[Page 4851]]

78.8 and 98.5 percent for the OA fishery. If the current trip limits 
remain in place there is a projected potential to exceed the sablefish 
HG, with attainment greater than one hundred percent in the LEFG 
fishery north of 36[deg] N and close to one hundred percent in the OA 
north fishery.
    To ensure harvest remains below the sablefish ACL, the Council 
elected to follow a precautionary approach at the outset of 2018, by 
recommending decreases to sablefish trip limits in LEFG and OA 
sablefish DTL fisheries north of 36[deg] N lat. for all periods in 
2018. This approach of decreasing trip limits initially minimizes the 
likelihood of dramatic decreases in trip limits or closures for these 
fisheries later in the season, if the attainment occurs at a rate that 
is likely to exceed the sector's HG. With a precautionary approach in 
earlier periods in the year, trip limits may be increased throughout 
the year if attainment is projected to remain under the ACL. Trip 
limits for the LEFG sablefish DTL fisheries north of 36[deg] N lat. are 
designated at Tables 2 (North and South) to part 660, subpart E. Trip 
limits for the OA sablefish DTL fishery north of 36[deg] N are 
designated at Tables 3 (North and South) to part 660, subpart F.
    The Council initially recommended a change to sablefish trip limits 
for all periods for the LEFG fishery. However, because NMFS cannot 
decrease trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit 
for these periods (2-6) would be: 1,100 lbs per week, not to exceed 
3,300 lbs/2 months. Trip limits for LEFG sablefish DTL fisheries north 
of 36[deg] N lat. for period 1 will remain as status quo.
    The Council also recommended a change to sablefish trip limits for 
all periods for the OA fishery. However, because NMFS cannot decrease 
trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit for these periods (2-
6) would be: 300 lbs/day, or 1 landing per week up to 1,000 lbs, not to 
exceed 2,000 lbs/2 months. Trip limits for OA sablefish DTL fisheries 
north of 36[deg] N lat. for period 1 will remain as status quo.
    Under these revised, lower limits, the GMT projects attainment in 
the LEFG between 75.1 and 102 percent, down from the status quo trip 
limit attainment between 95.2 and 125.2 percent. OA is predicted to be 
within 74.2 to 92.7 percent under revised trip limits, down from 78.8 
to 98.5 percent under status quo. NMFS and the GMT will continue to 
monitor attainment of sablefish throughout 2018 and can revise these 
trip limits through future inseason actions as needed to ensure 
optimized opportunity is available to harvesters, while maintaining a 
precautionary approach to remain within the HG.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    Lingcod north of 40[deg]10' N lat. has had low attainment in recent 
years (approximately 30 percent in the LEFG and OA, or non-trawl, 
sectors in 2016). Based on 2015 West Coast Groundfish Observer Program 
(WCGOP) data, current trip limits are resulting in discards of 
incidentally caught lingcod that would likely be landed under increased 
trip limits, as only approximately half of sampled regulatory discards 
(i.e., 1,400 lbs in OA and 300 lbs in LEFG fishery) were due to minimum 
size limits; the rest are assumed to be due to reaching trip limits. 
The primary objective of trip limits for lingcod has been to maximize 
opportunity while staying within the biological confines of overfished 
species limits, such as yelloweye rockfish.
    No lingcod increases in trip limits were proposed during the 2017-
18 biennial harvest specifications and management measures because 
there were on-going concerns about the incidental catch of yelloweye 
rockfish. However, updates to the nearshore model, including use of 
newly available 2016 data in the recalculation of discard ratios by the 
WCGOP and revised discard mortality rates, indicate there is now 
sufficient yelloweye rockfish for the Council to consider higher 
lingcod trip limit increases for 2018. The GMT determined that the 
projected non-trawl yelloweye rockfish impacts associated with the 
higher lingcod trip limits would be below what was analyzed in the 
2017-18 harvest specifications and management measures, predominantly 
due to the updated discard mortality rates applied in the nearshore 
model. The GMT projected ranges of potential lingcod and yelloweye 
impacts from the revised trip limits to account for some inter-annual 
variability. The projected alternative trip limits would result in 84 
to 108 mt of lingcod and 1.9 to 2.2 mt of yelloweye taken. These 
projected yelloweye impacts are within the nearshore HG shares for 
Oregon (1.4 mt) and California (0.6 mt), as well as below the non-
nearshore HG (0.7 mt). These impacts will keep the 2018 removals well 
within the upper range analyzed in the 2015-2016 Biennial Harvest 
Specifications and Management Measures Final Environmental Impact 
Statement.
    Therefore, the Council recommended and NMFS is implementing, by 
modifying Table 2 (North) to part 660, subpart E, the following trip 
limits for lingcod for the LEFG fishery north of 40[deg]10' N latitude: 
January-April, 600 lbs/2 months; May-October, 1,400 lbs/2 months; 
November, 700 lbs; and for December, 400 lbs. The Council also 
recommended and NMFS is implementing, by modifying Table 3 (North) to 
part 660, subpart F, the following trip limits for lingcod for the OA 
fishery north of 40[deg]10' N latitude: January-April, 300 lbs per 
month; May-November, 700 lbs per month; and for December, 300 lbs per 
month.
    These increased trip limits will provide increased fishing 
opportunity specifically for winter time access, and also will provide 
a steady flow of fish to markets, while still being conservative 
regarding yelloweye rockfish impacts.

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 February 2, 2018. The 
adjustments to management measures in this document affect commercial 
fisheries off the coasts of Washington, Oregon and 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 (82 FR 9634).

[[Page 4852]]

    Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

Big Skate Trip Limits for the Shorebased IFQ Program

    At its November 2017 meeting, the Council recommended an increase 
to shorebased IFQ program big skate trip limits be implemented as 
quickly as possible to allow harvest of big skate to better attain, but 
not exceed, the 2018 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 notice 
and opportunity for public comment would prevent NMFS from managing the 
IFQ program using the best available science to increase harvesting 
opportunities 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 in 2018, to 
allow IFQ program fishermen an opportunity to harvest higher limits for 
big skate coastwide throughout 2018.
    It is in the public interest for fishermen to have an opportunity 
to harvest big skate, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of big skate through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

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

    At its November 2017 Council meeting, the Council recommended that 
a decrease to LEFG and OA sablefish north of 36[deg] N lat. trip limits 
be implemented as quickly as possible to keep the predicted harvest of 
sablefish from exceeding the non-trawl HG (and correspondingly the 2018 
ACL). NMFS determined that 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 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. This action, 
if implemented quickly, is anticipated to allow harvesters to maintain 
a steady catch of sablefish through the end of the 2018 that will 
approach but not exceed the ACL, prevent sharp decreases in later 
season trip limits to maintain catch below the ACL, and allow harvest 
as intended by the Council, consistent with the best scientific 
information available.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    At its November 2017 meeting, the Council recommended an increase 
to LE and OA fixed gear lingcod trip limits north of 40[deg]10'N. lat. 
be implemented as quickly as possible to allow harvest of lingcod to 
better attain, but not exceed, the 2018 ACL. There was not sufficient 
time after that meeting to undergo proposed and final rulemaking before 
this action needs to be in effect before the start of or as early as 
possible in the 2018 fishing season. Affording the time necessary for 
prior notice and opportunity for public comment would prevent NMFS from 
managing the LE and OA fixed gear fishery using the best available 
science to increase harvesting opportunities 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 to allow LE and OA fixed gear fishermen an 
opportunity to harvest higher limits for lingcod, particularly early in 
2018, during the winter months.
    It is in the public interest for fishermen to have an opportunity 
to harvest lingcod, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of lingcod through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: January 30, 2018.
 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.


0
2. Table 1 (North) to part 660, subpart D, is revised to read as 
follows:

Table 1 (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting North of 40[deg]10 N Lat.

BILLING CODE 3510-22-P

[[Page 4853]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.000


[[Page 4854]]



0
3. Table 1 (South) to part 660, subpart D, is revised to read as 
follows:

Table 1 (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting South of 40[deg]10 N Lat.

BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR02FE18.001


[[Page 4855]]



0
4. Table 2 (North) to part 660, subpart E, is revised to read as 
follows:

Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear North of 
40[deg]10 N Lat.
[GRAPHIC] [TIFF OMITTED] TR02FE18.002


[[Page 4856]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.003


0
5. Table 2 (South) to part 660, subpart E, is revised to read as 
follows:

Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear South of 
40[deg]10 N Lat.

[[Page 4857]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.004


[[Page 4858]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.005


0
6. Table 3 (North) to part 660, subpart F, is revised to read as 
follows:

Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears North of 
40[deg]10 N Lat.

[[Page 4859]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.006


[[Page 4860]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.007


0
7. Table 3 (South) to part 660, subpart F, is revised to read as 
follows:

Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears South of 
40[deg]10 N Lat.

[[Page 4861]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.008


[[Page 4862]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.009

[FR Doc. 2018-02121 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-22-C