[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48727-48729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20991]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BI47


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 routine inseason adjustments to 
management measures in California recreational groundfish fisheries. 
This action, which is authorized by the Pacific Coast Groundfish 
Fishery Management Plan, is intended to allow recreational fishing 
vessels to access more abundant groundfish stocks while protecting 
overfished and depleted stocks.

DATES: This final rule is effective September 27, 2018.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491 
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 off the coasts of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for two-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2017-18 biennium 
for most species managed under the PCGFMP on February 7, 2017 (82 FR 
9634). In general, the management measures set at the start of the 
biennial specifications cycle to help the various sectors of the 
fishery attain, but not exceed, the catch limits for each stock. The 
Council, in coordination with the States of Washington, Oregon, and 
California, recommends adjustments to the management measures during 
the fishing year to achieve this goal.
    Current estimates indicate higher than anticipated yelloweye 
rockfish catch in both the Oregon and California recreational 
groundfish fisheries. This higher mortality is likely the result of 
favorable weather conditions during the summer months, as well as 
increased fishing for groundfish due to a decline in salmon harvest 
opportunities. The most recent estimates indicate that catch may 
approach or exceed both the Oregon and California Federal recreational 
harvest guidelines (HG) for yelloweye rockfish for the 2018 fishing 
year. Yelloweye rockfish is currently rebuilding, but no longer 
overfished.
    The Oregon Department of Fish and Wildlife will take action through 
its state inseason processes to address the higher than anticipated 
catch of yelloweye rockfish. The California Department of Fish and 
Wildlife (CDFW) has already taken action on August 25, 2018, through 
public notice, to reduce recreational fishing impacts on yelloweye 
rockfish through restrictions on recreational fishing depth north of 
Point Conception. However, CDFW relies on modifications to the federal 
regulations to codify the adjusted depth restrictions needed to address 
their higher than anticipated harvest. Inseason changes to depth 
restrictions for the California recreational fishery are designated as 
routine management measures at Sec.  660.60(c)(3)(i) and in section 
6.2.1 of the PCGFMP.

Analysis of Potential Impacts

    At the September Council meeting, CDFW notified the Council that 
information through September 2, 2018, indicated that, without 
additional intervention beyond the depth restrictions north of Point 
Conception that were put in place by CDFW on August 25, 2018, the 
California recreational yelloweye rockfish catch would exceed the 
state's HG by 20 percent, or 0.81 metric tons (mt), over their 3.9 mt 
HG in 2018. Based on this new information, and taking into account the 
higher than anticipated take of yelloweye rockfish in the Oregon 
recreational fishery, the Council's Groundfish Management Team (GMT) 
examined the need for additional restrictions to California 
recreational depth limits by analyzing the risk to the yelloweye 
rockfish annual catch limit (ACL) from state recreational HG overages. 
The GMT determined that there is likely to be 2.8 mt of the yelloweye 
rockfish ACL that will go unused due to lower than anticipated catch 
under the research and tribal allocations. Therefore, even with catch 
in excess of the Oregon and California recreational HGs, there is 
little risk of exceeding the yelloweye rockfish ACL. The overall 2018 
catch of yelloweye rockfish for all groundfish fisheries is expected to 
be 17.2 mt, or 86 percent, of the 20 mt ACL.
    Therefore, the Council recommended and NMFS is implementing, 
through modifications to regulations at 50 CFR 660.360(c)(3)(i)(A), 
more restrictive depth limits for the Northern Management Area (between 
42[deg] N lat. and 40[deg]10' N lat.), San Francisco Management Area 
(between 38[deg]57.50' N lat. and 37[deg]11' N lat.), and the Central 
Management Area (between 37[deg]11' N lat. and 34[deg]27' N lat.). The 
Council did not recommend changes for the Mendocino Management Area 
(between 40[deg]10' N lat. and 38[deg]57.50' N lat.) where fishing is 
currently restricted to shoreward of the 20 fathom (fm) (37 m) depth 
contour through December 31, or the Southern Management Area (south of 
34[deg]27' N lat.) where fishing is restricted to shoreward of the 60 
fm (109.7 meters [m]) depth contour through December 31.
    Under the current regulations, recreational fishing in the Northern 
Management Area is prohibited seaward of the 30 fm (55 m) depth contour 
from May 1 through October 15 and prohibited seaward of 20 fm (37 m) 
from October 16 through December 31. With the implementation of this 
rule, recreational fishing in this management area will be restricted 
to shoreward of the 20 fm depth (37 m) contour (prohibited seaward of 
the 20 fm depth contour) through December 31.
    Recreational fishing is currently prohibited seaward of the 40 fm 
depth (73 m) contour in the San Francisco Management Area from April 15 
through October 15 and seaward of the 50 fm depth contour in the 
Central Management Area. This rule will further restrict recreational 
fishing depths in these areas through December 31, 2018. Recreational 
fishing in the San Francisco Management Area will be prohibited to 
seaward of the 30 fm (55 m) depth contour (prohibited seaward of the 30 
fm depth contour) and in the

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Central Management Area recreational fishing will be prohibited seaward 
of the 40 fm (73 m) depth contour through December 31, 2018.

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 by contacting Karen Palmigiano in NMFS West Coast 
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the 
NMFS West Coast Groundfish website: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html.
    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 September 27, 2018. The 
adjustments to management measures in this document affect 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 the final 
rule for the 2017-18 harvest specifications and management measures 
which published on February 7, 2017 (82 FR 9634).
    At its September 2018 meeting, the Council recommended changes to 
the depth restrictions for recreational fishery management areas off of 
California be implemented as soon as possible to conform to action 
already taken by CDFW to prevent recreational catch from further 
exceeding the state recreational HG for yelloweye rockfish. Without 
immediate Federal action, there is the potential that yelloweye 
rockfish impacts would exceed what is expected under the new 
restrictions, possibly resulting in harvest beyond the yelloweye 
rockfish ACL. Exceeding an ACL could result in area closures, reduced 
bag limits, and, in the worst case, a complete recreational fishery 
closure. According to CDFW, recreational anglers make, on average, more 
than 100,000 trips in all five management areas in October and November 
each year. Prematurely closing the fishery or severely limiting 
recreational fishing by closing certain areas would result in economic 
harm to those communities that rely on recreational fishing.
    Additionally, there was not sufficient time after the September 
2018 Council meeting for 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 taking effective and efficient action to prevent further 
impacts to yelloweye rockfish and prevent the potential harm that would 
result from more restrictive fishery management measures (i.e. area 
restrictions or closures) in October and November. NMFS and the Council 
used the best available science when considering the risk to the 
yelloweye ACL and determined that 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 a portion or 
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 
while keeping yelloweye rockfish harvest within the ACL, and is 
consistent with the best scientific information available.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: September 21, 2018.
Margo B. Schulze-Haugen,
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. In Sec.  660.360, revise paragraphs (c)(3)(i)(A)(1) through (4) 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 
closed entirely from January 1 through April 30; 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 September 27, 2018 
(shoreward of 30 fm is open); and is prohibited seaward of the 20 fm 
(37 m) depth contour along the mainland coast and along islands and 
offshore seamounts from September 27, 2018 through December 31 
(shoreward of 20 fm is open). 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 closed entirely from January 1 
through April 30, and 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). 
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 closed entirely 
from January 1 through April 14; 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 
September 27, 2018; and 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 September 27, 2018 
through December 31. Closures

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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 closed entirely from January 1 
through March 31 (i.e., prohibited seaward of the shoreline); 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 from April 1 through September 27, 2018; and, 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 
September 27, 2018 through December 31. 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. 2018-20991 Filed 9-26-18; 8:45 am]
 BILLING CODE 3510-22-P