[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]
[[Page 48727]]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 48728]]
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
[[Page 48729]]
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