[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16005-16008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07710]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BH86


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.

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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, 
is intended to allow fisheries to access more abundant groundfish 
stocks while protecting overfished and depleted stocks.

DATES: This final rule is effective April 13, 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 Pacific Coast Groundfish Fishery Management Plan (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

[[Page 16006]]

off the coasts of Washington, Oregon, and California. The Pacific 
Fishery Management Council (Council) develops biennial groundfish 
specifications and management measures. NMFS published the final rule 
to implement the 2017-18 specifications and management measures for 
most species of the Pacific coast groundfish fishery 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 March 8-14, 2018 meeting in Rohnert Park, California: 
(1) Increase the incidental halibut retention in the primary sablefish 
fishery, (2) increase the recreational sub-bag limit for canary 
rockfish and add a three flatfish limit through changes to Washington 
state recreational management measures, and (3) increase the 
recreational sub-limit for canary rockfish through changes to 
California recreational management measures.

Increase Incidental Halibut Retention in the Limited Entry Fixed Gear 
Sablefish Primary Fishery

    Under the authority of the Northern Pacific Halibut Act of 1982, 
the Council developed a Catch Sharing Plan for the International 
Pacific Halibut Commission Regulatory Area 2A. The Catch Sharing Plan 
allocates the Area 2A annual total allowable catch (TAC) among 
fisheries off Washington, Oregon, and California. Pacific halibut is 
generally a prohibited species for vessels fishing in Pacific coast 
groundfish fisheries, unless explicitly allowed in groundfish 
regulations and authorized by the Pacific halibut Catch Sharing Plan. 
In years where the Pacific halibut TAC is above 900,000 pounds (lb) 
(408 metric tons (mt)), the Catch Sharing Plan allows the limited entry 
fixed gear sablefish primary fishery an incidental retention limit for 
Pacific halibut north of Point Chehalis, WA (46[deg]53.30' North 
latitude [N. lat.]). On March 24, 2018, NMFS implemented a 2018 Area 2A 
TAC of 1,190,000 lb (540 mt)(83 FR 13080; March 26, 2018). Consistent 
with the provisions of the Catch Sharing Plan, the limited entry fixed 
gear sablefish primary fishery north of Pt. Chelais, WA has an 
incidental total catch limit of 50,000 lb (22.7 mt) for 2018.
    Current regulations at Sec.  660.231(b)(3)(iv) provide for halibut 
retention starting on April 1 with a landing ratio of 140 lb (64 
kilograms (kg)) dressed weight of halibut, for every 1,000 lb (454 kg) 
dressed weight of sablefish landed, and up to an additional 2 halibut 
in excess of this ratio. These limits were based on the 2017 Pacific 
halibut retention limit of 70,000 lb (32 mt) and resulted in a catch of 
35,866 lb (16 mt) of incidental halibut. At the March 2018 Council 
meeting, based on 2017 catch totals, the number of vessels fishing that 
participated, and the average number of trips taken, which constitutes 
the best available information, the Council recommended an increase 
from 140 lb (64 kg) to 160 lb (73 kg) dressed incidental Pacific 
halibut retention per 1,000 lb (454 kg) dressed sablefish. This 
increase would allow total catch of Pacific halibut to approach, but 
not exceed, the 2018 allocation for the sablefish primary fishery north 
of Pt. Chelais, WA (50,000 lb or 22.7 mt) and provide greater 
opportunity for industry to attain a higher percentage of the sablefish 
primary fishery allocation. This ratio can be adjusted through routine 
inseason action based on participation and landings in the fishery, if 
warranted.
    In order to allow increased incidental halibut catch in the 
sablefish primary fishery, the Council recommended and NMFS is revising 
incidental halibut retention regulations at Sec.  660.231(b)(3)(iv) to 
increase the catch ratio to ``160 lb dressed weight of halibut for 
every 1,000 lb dressed weight of sablefish landed and up to 2 
additional halibut in excess of the 160 lb per 1,000 lb ratio per 
landing.''

Washington State Recreational Management Measures

    At the Council's March 2018 meeting, the Washington Department of 
Fish and Wildlife (WDFW) requested changes to their recreational 
groundfish regulations for the remainder of 2018. Specifically, WDFW 
proposed an increase to the canary rockfish sub-limit from one to two 
fish with retention allowed in all marine areas, and proposed to allow 
the retention of three flatfish in addition to the status quo aggregate 
daily groundfish limit of nine.

Increase the Canary Rockfish Sub-Limit

    In June 2016, the Council recommended the Washington recreational 
groundfish seasons and regulations for the 2017 and 2018 fishing years. 
NMFS implemented the regulations through the 2017-18 harvest 
specifications and management measures, which permitted retention of up 
to one canary rockfish in Marine Areas 1 and 2 (Columbia River and 
south coast subareas) and prohibited canary rockfish retention in 
Marine Areas 3 and 4. Although the canary rockfish stock was declared 
rebuilt in 2017, retention had been prohibited in previous years due to 
poor stock condition. Because retention was previously prohibited, 
there has been uncertainty about angler behavior, including whether 
they would target canary rockfish. To address this uncertainty, the 
analysis for the existing landing limits assumed a high level of 
targeting to ensure management measures remained precautionary. The 
analysis projected that a two fish sub-limit in all management areas 
would result in between 66.1 mt and 137.1 mt of recreational canary 
rockfish landings, however this analysis did not consider the estimated 
results of the 2017 Washington recreational fishery.
    The 2017 final mortality estimate for canary rockfish in the 
Washington recreational fishery is 4.8 mt out of a 50 mt harvest 
guideline for 2017 and 2018. Because 2017 landings were much lower than 
expected, the Council updated the initial analysis to project landings 
for the 2018 fishing year. The updated analysis did not assume a high 
level of targeting because the final 2017 estimates suggests that 
anglers are not actively targeting canary rockfish. The updated 
analysis projected canary rockfish mortality to be 5.67 mt under a one 
canary sub-limit and 6.22 mt under a two canary sub-limit. While the 
two canary rockfish limit does produce slightly higher impacts to 
canary rockfish than the one canary sub-limit, a difference of about 
0.6 mt, the overall projected impacts of either the one- or two-fish 
limit are well below the 2018 harvest guideline of 50 mt.
    Therefore, the Council recommended, and NMFS is amending the 
regulations at Sec.  660.360(c)(1) to increase in the limit in the 
Washington recreational fishery from one to two canary rockfish for all 
marine areas.

Three Flatfish Limit

    In March 2017, the Council recommended that NMFS reduce the 
aggregate groundfish limit from 12 to 9 fish per angler per day, and 
the daily rockfish sub-limit from 10 to 7 fish per angler per day, 
resulting in a 7 rockfish sub-limit with two additional groundfish 
allowed to be kept for a total of 9 fish. The rockfish sub-limit was 
reduced in response to lower harvest levels in 2017 and 2018, but the 
aggregate groundfish limit was kept at two fish above the rockfish sub-
limit to minimize rockfish bycatch associated with anglers targeting 
other groundfish, such as lingcod. At the time, Washington did not 
request excluding flatfish from the aggregate groundfish

[[Page 16007]]

limit. Since last year, when these limits went into effect stakeholders 
that target flatfish reported to WDFW that they have been negatively 
affected by the reduction in the aggregate limit, which was not the 
original intent of that reduction.
    In response to stakeholder input, WDFW proposed a flatfish limit of 
three fish per angler per day, which would be in addition to the 
overall aggregate groundfish limit. The groundfish aggregate limit 
would remain at nine fish, and the sub-limits for all species, aside 
from canary rockfish, would all remain unchanged. This change to 
include a separate flatfish limit of three fish has no impact on the 
rockfish population given that flatfish prefer soft sand or muddy 
bottom, which is not the preferred habitat of rockfish. Additionally, 
flatfish retention would still only be allowed under current open 
season dates and status quo depth restrictions. Projected impacts to 
flatfish are expected to be similar to final estimates in 2016 before 
the aggregate limit was reduced.
    Therefore, the Council recommended, and NMFS is amending the 
regulations at Sec.  660.360(c)(1) to implement a three flatfish limit, 
not to be counted against the aggregate groundfish limit of nine fish, 
for the 2018 Washington recreational fishing year.

California Recreational Management Measures

    Similar to the canary rockfish limit off Washington, the Council 
analyzed the current canary rockfish sub-limit in California in the 
2017-18 harvest specifications and management measures. During that 
process, California Department of Fish and Wildlife (CDFW) evaluated a 
range of sub-bag limits (one to five) for canary rockfish given the 
stock had recently been declared rebuilt. Much like WDFW, CDFW 
expressed a need for caution in determining the initial sub-bag limit 
for canary rockfish due to uncertainty about targeting this newly 
rebuilt species. Therefore, NMFS implemented a one fish sub-bag limit 
for California in 2017.
    The 2017 canary rockfish mortality in California was lower than 
expected. Preliminary estimates indicate canary rockfish mortality was 
77.4 mt, or 57.3 percent of the California harvest guideline of 135 mt. 
Seasonal catch trends for canary were similar to other rockfish, with 
higher catches observed in the spring and summer months when weather is 
more favorable. Because of the low catch in the preliminary estimates 
for 2017, CDFW analyzed projected impacts under a two-fish sub-bag 
limit for 2018, taking into account the most recent fishery 
performance. Under the two-fish sub-bag limit, projected canary 
rockfish mortality would be 110.4 mt or 81.8 percent of the 2018 
harvest guideline.
    Therefore, based on the new preliminary attainment information for 
2017, the Council recommended and NMFS is amending the regulations at 
Sec.  660.360(c)(3) to increase the California recreational canary 
rockfish sub-bag limit from one fish to two fish.

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 catch data used to support these regulatory actions 
is available for public inspection in person at the Office of the 
Administrator, West Coast Region, NMFS, during normal 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. The adjustments to management measures in this 
document affect commercial and recreational 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). 
Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment.

Increase Incidental Halibut Retention in the Limited Entry Fixed Gear 
Sablefish Primary Fishery

    The Pacific halibut catch limit for Area 2A is large enough in 2018 
to provide for incidental halibut retention, per the Pacific halibut 
Catch Sharing Plan for Area 2A, in the limited entry fixed gear 
sablefish primary fishery north of Point Chehalis. Therefore, at its 
March 2018 meeting, the Council recommended an increase from 140 lb (64 
kg) to 160 lb (73 kg) of dressed weight halibut per 1,000 lb (454 kg) 
of dressed weight sablefish. The Council recommended this increased 
limit be implemented by April 1, 2018, the start of the limited entry 
fixed gear sablefish primary fishery, or as soon as possible 
thereafter. Therefore, there was not sufficient time after that meeting 
to undergo proposed and final rulemaking before this action needs to be 
implemented to increase Pacific halibut harvest opportunity, to allow 
Pacific halibut to be retained throughout the limited entry fixed gear 
sablefish primary season, and to achieve attainment of incidental 
Pacific halibut quota in this fishery given the most recent Pacific 
halibut catch data and the Area 2A catch limit.

Washington State Recreational Management Measures

    During its March 2018 meeting, the Council recommended an increase 
to the Washington recreational canary rockfish sub-limit from one fish 
to two fish in all marine areas. The 2017-18 harvest specifications and 
management measures implemented precautionary landing limits just as 
canary rockfish was declared rebuilt. The 2017 Washington recreational 
fishery catch data show that only 4.8 mt of the 50 mt harvest guideline 
was landed. Increasing the canary rockfish sub-limit should create 
additional opportunity to attain the harvest guideline in 2018.
    Additionally, WDFW proposed a three fish limit for flatfish that 
would not count towards the aggregate groundfish limit. WDFW received 
stakeholder input that the 2017 decrease in the aggregate rockfish 
limit has constrained anglers targeting flatfish. Excluding flatfish 
from the aggregate limit eases this constraint.
    Therefore, based on the new preliminary data, the input from 
stakeholders who target flatfish, and the need to provide additional 
economic opportunities to the recreational fleet while also potentially 
reducing discards, there was not sufficient time after the March 
meeting to undergo a full 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 this recreational fishery using the best available science to 
increase harvesting opportunities of canary rockfish and flatfish, as 
required by the PCGFMP and applicable law.

California State Recreational Management Measures

    During the March 2018 meeting, CDFW proposed an increase to their 
canary rockfish sub-bag limit. The 2017-18 harvest specifications and 
management measures implemented precautionary landing limits just as

[[Page 16008]]

canary rockfish was declared rebuilt. Preliminary data from CDFW shows 
that 2017 recreational canary rockfish catch was low in 2017. 
Increasing the canary rockfish sub-limit should create additional 
opportunity to attain the harvest guideline in 2018.
    There was not sufficient time after the March meeting to undergo 
proposed and final rulemaking before this action needs to be in effect. 
The California recreational fishery begins on April 15th. Affording 
NMFS the time necessary for prior notice and opportunity for the public 
to comment would prevent NMFS from managing the recreational fishery 
with the best available information to increase harvest opportunities 
for recreational anglers in California.
    NMFS also finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(1), so that this final rule 
may become effective April 13, 2018. This inseason action implements a 
number of increases to incidental and directed landing limits based on 
updated fishery information and new supporting analyses provided to the 
Council at its March 2018 meeting. Affording the time necessary for 
prior notice and opportunity for public comment reduces the time these 
increased landing limits are available to fishing vessels during the 
2018 fishing year, and delays the use of the best available information 
in managing the fishery.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: April 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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.  660.231, revise paragraph (b)(3)(iv) to read as follows:


Sec.  660.231   Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N lat.). From April 1 through October 31, vessels 
authorized to participate in the sablefish primary fishery, licensed by 
the International Pacific Halibut Commission for commercial fishing in 
Area 2A (waters off Washington, Oregon, California), and fishing with 
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N lat.) may 
possess and land up to the following cumulative limits: 160 pounds (64 
kg) dressed weight of Pacific halibut for every 1,000 pounds (454 kg) 
dressed weight of sablefish landed and up to 2 additional Pacific 
halibut in excess of the 160-pounds-per-1,000-pound ratio per landing. 
``Dressed'' Pacific halibut in this area means halibut landed 
eviscerated with their heads on. Pacific halibut taken and retained in 
the sablefish primary fishery north of Pt. Chehalis may only be landed 
north of Pt. Chehalis and may not be possessed or landed south of Pt. 
Chehalis.
* * * * *

0
3. In Sec.  660.360, revise paragraphs (c)(1) introductory text, 
(c)(1)(ii), and (c)(3)(ii)(B) to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 9 groundfish per 
day, including rockfish, cabezon and lingcod. Within the groundfish bag 
limit, there are sub-limits for rockfish, lingcod, and cabezon outlined 
in paragraph (c)(1)(i)(D) of this section. In addition to the 
groundfish bag limit of 9, there will be a flatfish limit of 3 fish, 
not to be counted towards the groundfish bag limit but in addition to 
it. The recreational groundfish fishery will open the second Saturday 
in March through the third Saturday in October for all species in all 
areas except lingcod in Marine Area 4 as described in paragraph 
(c)(1)(iv) of this section. In the Pacific halibut fisheries, retention 
of groundfish is governed in part by annual management measures for 
Pacific halibut fisheries, which are published in the Federal Register. 
The following seasons, closed areas, sub-limits and size limits apply:
* * * * *
    (ii) Rockfish. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, there is a 7 rockfish per day 
bag limit. There is a 2 fish sub-bag limit per day for canary rockfish 
in all Marine Areas. Taking and retaining yelloweye rockfish is 
prohibited in all Marine areas.
* * * * *
    (3) * * *
    (ii) * * *
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for the RCG complex and lingcod. The bag 
limit is 10 RCG Complex fish per day coastwide. Retention of yelloweye 
rockfish, bronzespotted rockfish, and cowcod is prohibited. Within the 
10 RCG Complex fish per day limit, no more than 3 may be black 
rockfish, no more than 3 may be cabezon, and no more than 2 may be 
canary rockfish. Multi-day limits are authorized by a valid permit 
issued by California and must not exceed the daily limit multiplied by 
the number of days in the fishing trip.
* * * * *
[FR Doc. 2018-07710 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-22-P