[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50510-50526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21879]



[[Page 50510]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BI50


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 commercial groundfish fisheries. This action, 
which is authorized by the Pacific Coast Groundfish Fishery Management 
Plan, is intended to allow commercial fishing vessels to access more 
abundant groundfish stocks while protecting overfished and depleted 
stocks.

DATES: This final rule is effective October 9, 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 or 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 are 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.
    At its September 7-12, 2018, meeting the Council recommended four 
adjustments to current management measures, including: (1) Increasing 
the sablefish trip limits for the limited entry fixed gear (LEFG) 
fishery north of 36[deg] North latitude (N lat.) and the open access 
fixed gear (OAFG) fishery north and south of 36[deg] N lat.; (2) 
increasing the bocaccio trip limits for the LEFG fishery between 
40[deg]10' N lat. and 34[deg]27' N lat.; (3) transferring Pacific Ocean 
perch (POP) and darkblotched rockfish from the incidental open access 
(IOA) set-asides to the set asides for unforeseen catch events for 
those species; and (4) increasing the incidental halibut retention 
allowance in the LEFG sablefish primary fishery.

Sablefish Trip Limit Increases for the LEFG and OA Sablefish DTL 
Fisheries

    At the September 2018 Council meeting, the Groundfish Management 
Team (GMT) received requests from industry members and members of the 
Groundfish Advisory Subpanel (GAP) to examine the potential to increase 
sablefish trips limits for the LEFG fishery north of 36[deg] N lat. and 
the OAFG fisheries north and south of 36[deg] N lat. The intent of 
increasing trip limits would be to increase harvest opportunities for 
the LEFG and OAFG sablefish fisheries. To evaluate potential increases 
to sablefish trip limits, the GMT made model-based landings projections 
under current regulations and a range of potential sablefish trip 
limits, include the limits ultimately recommended by the Council, for 
the LEFG and OAFG sablefish fisheries through the remainder of the 
year. Table 1 shows the projected sablefish landings, the sablefish 
allocations, and the projected attainment percentage by fishery under 
both the current trip limits and the Council's recommended trip limits. 
These projections were based on the most recent catch information 
available through August 2018.

 Table 1--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
                              Through the End of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
                                                                     Projected
                                                                     landings       Allocation       Projected
              Fishery                        Trip limits          (round weight)       (mt)         percentage
                                                                        (mt)                         attained
----------------------------------------------------------------------------------------------------------------
LEFG North of 36[deg] N lat........  Current: 1,100 lb/week, not     174.9-201.9             269         65-75.1
                                      to exceed 3,300 lb/2 month.
                                     Recommended: 1,400 lb/week,     193.6-224.3                       71.9-83.4
                                      not to exceed 4,200 lb/2
                                      month.
OAFG North of 36[deg] N lat........  Current: 300 lb/day, or 1         341-347.5             444       76.8-78.3
                                      landing per week of up to
                                      1,000 lb, not to exceed
                                      2,000 lb/2 months.
                                     Recommended: 300 lb/day, or     417.2-427.7                         94-96.3
                                      1 landing per week of up
                                      to 1,400 lb, not to exceed
                                      2,800 lbs/2 months.
OAFG South of 36[deg] N lat........  Current: 300 lb/day, or 1              44.7             325            13.7
                                      landing per week of up to
                                      1,600 lb, not to exceed
                                      3,200 lb/2 months.
                                     Recommended: 300 lb/day, or            44.7                            13.7
                                      1 landing per week of up
                                      to 1,600 lb, not to exceed
                                      4,800 lbs/2 months.
----------------------------------------------------------------------------------------------------------------

    As shown in Table 1, under the current trip limits, the model 
predicts catches of sablefish will be at or below 75 percent for each 
fishery except the OAFG fishery north of 36[deg] N lat. which may 
attain just over 78 percent of their sablefish allocation by the end of 
the year. Under the Council's recommended trip limits, sablefish 
attainment is

[[Page 50511]]

projected to increase in the LEFG and OAFG fisheries north of 36[deg] N 
lat. Due to a lack of participation and variance in trip limits in the 
OA fishery south of 36[deg] N lat., the model was unable to detect any 
estimated change in attainment for this fishery even with the proposed 
increase in trip limits.
    Projections for the LEFG sablefish fishery south of 36[deg] N lat. 
remain low and within the levels anticipated in the 2017-18 harvest 
specifications and management measures. Industry did not request 
changes to sablefish trip limits for the LEFG fishery south of 36[deg] 
N lat. Therefore, NMFS and the Council did not consider trip limit 
changes for this fishery.
    Trip limit increases for sablefish are intended to increase 
attainment of the non-trawl HG. The proposed trip limit increases do 
not change projected impacts to co-occurring overfished species 
compared to the impacts anticipated in the 2017-18 harvest 
specifications because the projected impacts to those species assume 
that the entire sablefish ACL is harvested. Therefore, the Council 
recommended and NMFS is implementing, by modifying Table 2 (North) to 
part 660, subpart E, trip limit changes for the LEFG sablefish fishery 
north of 36[deg] N lat. to increase the limits from ``1,100 lb (499 kg) 
per week, not to exceed 3,300 lb (1,497 kg) per two months'' to ``1,400 
lb (635 kg) per week, not to exceed 4,200 lb (1,905 kg) per two 
months'' for period 4 (September and October) and period 5 (November 
and December).
    The Council also recommended and NMFS is implementing, by modifying 
Table 3 (North and South) to part 660, subpart F, trip limits for 
sablefish in the OA sablefish DTL fishery north and south of 36[deg] N 
lat. The trip limits for sablefish in the OA sablefish DTL fishery 
north of 36[deg] N lat. will 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 1,400 lb (590 kg), not to exceed 2,800 lb 
(1,179 kg) per two months'' for period 4 (September and October) and 
period 5 (November and December). The trip limits for sablefish in the 
OA sablefish DTL fishery south of 36[deg] N lat. will increase from 
``300 lb (136 kg) per day, or one landing per week of up to 1,600 lb 
(454 kg), not to exceed 3,200 lb (907 kg) per two months'' to ``300 lb 
(136 kg) per day, or one landing per week of up to 1,600 lb (590 kg), 
not to exceed 4,800 lb (1,179 kg) per two months'' for period 4 
(September and October) and period 5 (November and December).

LEFG Bocaccio Between 40[deg]10' N Lat. and 34[deg]27' N Lat. Trip 
Limits

    Bocaccio is managed with stock-specific harvest specifications 
south of 40[deg]10' N lat., but is managed within the Minor Shelf 
Rockfish complex north of 40[deg]10' N lat. NMFS declared bocaccio 
overfished in 1999, and implemented a rebuilding plan for the stock in 
2000. Although NMFS declared bocaccio officially rebuilt in 2017, the 
current harvest specifications are based on the current rebuilding 
plan. At the September 2018 Council meeting, members of the GAP 
notified the Council and the GMT of increased interactions with 
bocaccio for vessels targeting chilipepper rockfish. The low trip 
limits for bocaccio between 40[deg]10' N lat. and 34[deg]27' N lat., 
coupled with these increased interactions, results in higher bocaccio 
discard rates in the LEFG fishery. Because the most recent bocaccio 
attainment estimates suggest that around 4 percent or 16.7 mt of 
bocaccio will be attained out of the 442.3 mt non-trawl allocation, the 
GAP requested the GMT examine potential increases to the bocaccio trip 
limits for the LEFG fishery only between 40[deg]10' N lat and 
34[deg]27' N lat. The GMT did not receive a request to examine trip 
limit increases for bocaccio south of 34[deg]27' N lat.
    To assist the Council in evaluating potential trip limit increases 
for bocaccio between 40[deg]10' N lat. and 34[deg]27' N lat., the GMT 
analyzed projected attainment under the current status quo regulations 
and under the proposed trip limit changes. In 2016, when the bocaccio 
trip limits were established for the 2017-18 harvest specifications, 
few data points existed to provide projected annual catch data under 
the current trip limits. Based on that limited data, boccacio catch in 
the non-trawl commercial fishery between 40[deg]10' N lat. and 
34[deg]27' N lat. was expected to be around 0.3 mt of the 442.3 mt non-
trawl allocation. The GMT updated the expected attainment under the 
current status quo trip limits and examined potential impacts under 
alternative trip limits with additional catch data from the 2016 and 
2017 fishing years.
    Based on updated model projections under the current status quo 
trip limit of 1,000 lb (454 kg) per two months, total coastwide 
bocaccio catch in the LEFG and OA fisheries is expected to be 16.7 mt, 
or four percent of the non-trawl HG and two percent of the coastwide 
ACL. Increasing the trip limits to 1,500 lb (680 kg) per two months for 
the reminder of the fishing year for vessels fishing in the LEFG 
fishery in the area between 40[deg]10' N lat. and 34[deg]27' N lat., 
which would align them with the trip limits already in place south of 
34[deg]27' N lat., is expected to increase total mortality by less than 
0.1 mt, and the overall total mortality of bocaccio would be expected 
to remain at around four percent of the non-trawl HG and two percent of 
the coastwide ACL.
    Trip limit increases for bocaccio are intended to allow for 
increased attainment of the non-trawl allocation (442.3 mt), while also 
providing the incentive for vessels targeting co-occurring species, 
such as chilipepper rockfish, to land their bocaccio catch instead of 
discarding. Therefore, the Council recommended and NMFS is 
implementing, by modifying Table 2 (South) to part 660, Subpart E, an 
increase to the bocaccio trip limits for the LEFG fishery between 
40[deg]10' N lat. and 34[deg]27' N lat. The trip limits for bocaccio in 
this area will increase from ``1,000 lb (464 kg) per per two months'' 
to ``1,500 lb (680 kg) per two months'' for period 4 (September and 
October) and period 5 (November and December).

Transferring POP and Darkblotched Rockfish Set-Asides From IOA and 
Research Set-Asides to the Additional Buffer

    NMFS sets ACLs for non-whiting groundfish stocks and stock 
complexes as part of biennial harvest specifications and management 
measures. Deductions are made ``off-the-top'' from the ACL to ``set-
aside'' an amount for various sources of mortality, including non-
groundfish fisheries that catch groundfish incidentally, also called 
IOA fisheries, as well as for research, tribal, recreational catch, and 
for some species, an amount for unforeseen catch events. NMFS allocates 
the remainder, the fishery's commercial HG, among the trawl and non-
trawl sectors of the groundfish fishery. For some species, sector-
specific set-asides are then deducted from the trawl allocation. For 
example, the trawl HGs for both darkblotched rockfish and POP are 
divided up into an allocation for the Shorebased individual fishing 
quota (IFQ) program and a set-asides for the motherships (MS) and 
catcher/processors (C/P) which make up the at-sea sector.
    On January 8, 2018, NMFS published a final rule to implement 
Amendment 21-3. Amendment 21-3 recharacterized the portions of the 
trawl HG of darkblotched rockfish and POP for the MS and CP vessels 
that make up the at sea whiting sector from allocations, which are hard 
caps requiring the relevant sector to close upon reaching them, to 
sector specific set-asides (83 FR

[[Page 50512]]

757, January 8, 2018). This change was necessary because both those 
species had been declared rebuilt the previous year and the allocations 
were constraining the at-sea sector's ability to harvest whiting. 
Regulations implementing Amendment 21-3 do not require that a sector be 
closed upon reaching its set-aside, but do require NMFS to close either 
or both the MS and C/P sectors if the species-specific set-aside 
amounts for darkblotched rockfish or POP for that sector, plus a 
reserve or ``buffer'' for unforeseen catch events, is projected to be 
exceeded.
    At the September 2018 Council meeting, representatives from the 
Midwater Trawlers Cooperative, Pacific Whiting Conservation 
Cooperative, United Catcher Boats, and Whiting Mothership Cooperative 
requested that the Council recommend NMFS take inseason action to 
transfer the unused portion of the IOA and research off the top 
deductions for darkblotched rockfish and POP to the buffer for those 
species. The intent of the request is to create a larger buffer for 
unforeseen catch events. If the at-sea sectors, or any sector, were to 
exceed their sector specific set-aside for darkblotched rockfish or 
POP, there would be a larger amount available in the buffer to harvest 
before NMFS would be required to close either the MS or C/P sectors.
    To evaluate this request, the GMT considered the historical maximum 
amount of POP and darkblotched rockfish taken in the IOA and research 
fisheries over the past several years, the current amounts of POP and 
darkblotched rockfish taken in the IOA and research fisheries in 2018, 
the at-sea sector's total catch to date, and the projected catch for 
the remainder of the year for IOA, research, and the at-sea sector.
    Currently, the IOA fishery has a 10 mt set-aside for POP, and 
research has a 5.2 mt set-aside. Harvest of POP in the IOA fishery 
mainly occurs in the pink shrimp fishery. Between 2007 and 2017 total 
harvest of POP in the IOA fishery was below 0.6 mt annually, except for 
an uncharacteristically high mortality in 2014 of 10 mt. Overall 
harvest of rockfish in the pink shrimp trawl fishery fell significantly 
in 2015 and remained low in subsequent years. Total harvest of POP in 
the IOA fishery between 2015 and 2017 was less than 0.7 mt. Total 
mortality of POP in the research sector between 2007 and 2017 never 
exceeded 3.10 mt annually. However, NOAA's Northwest Fisheries Science 
Center (NWFSC) notified the GMT that 2018 research catch is likely to 
be much higher after a single haul on a research cruise took 3.4 mt of 
POP.
    The current set-aside for darkblotched rockfish in the IOA fishery 
is 24.5 mt, and the current research set-aside is 2.5 mt. Similar to 
POP, the majority of darkblotched rockfish catch in the IOA fishery is 
harvested in the pink shrimp fishery. Since 2015, no more than 6.82 mt 
of darkblotched rockfish was taken annually in the IOA fishery. Between 
2007 and 2015, the darkblotched rockfish harvest in the IOA fishery 
exceeded 50 percent of the set-aside five times, most recently in 2014 
when catch actually exceeded the set-aside for the first time. However, 
this was deemed to be an anomalous year due to a substantial 
recruitment event. The research fishery is expected to take their 
current set-aside amount this year, with 1.53 mt of darkblotched 
rockfish already caught in 2018.
    Finally, the GMT conducted a analysis using data through September 
5, 2018, to examine the potential attainment of the at-sea sector's 
darkblotched rockfish and POP set-asides, using the current bycatch 
rates and assuming full attainment of the at-sea sector's whiting 
allocation. Based on this analysis, the GMT determined that it is 
likely the C/P will exceed their POP set-aside (65.9-percent chance), 
and the MS will most likely not exceed their POP set-aside (8.5-percent 
chance). When considering both sectors, the combined at-sea sector has 
a 39-percent chance of exceeding their combined POP set-asides (15.2 
mt) and a less than one percent chance of exceeding the set-aside value 
and the ``buffer'' set-aside (46.7 mt).
    For darkblotched rockfish, the GMT's bootstrap analysis indicated 
that the C/P have a 40-percent chance of exceeding their darkblotched 
set-aside (16.7 mt) and the MS have a 32-percent chance of exceeding 
their darkblotched set-aside (11.8 mt). When considering both sectors, 
the combined at-sector has a 43-percent chance of exceeding their 
combined darkblotched rockfish set-asides (28.5 mt). None of the model 
runs showed that the at-sea sector, when considered as a group, would 
exceed their darkblotched set-aside and the ``buffer'' set-aside (78.5 
mt).
    While the current risk of the at-sea sector exceeding the POP or 
darkblotched rockfish set-aside and the amount set-aside for unforeseen 
catch events for those species is low to negligible at this time, the 
Council considered the risk to the at-sea sector and the other 
groundfish fisheries if no action was taken. If the Council chose not 
to take action now, because the automatic closure authority still 
exists in regulations, if the MS or C/P sectors exceeded their 
darkblotched or POP set-aside and the amount set-aside for unforeseen 
catch events for that species, the NMFS would have to close the sectors 
even though there may be unused POP or darkblotched rockfish in the IOA 
fisheries. The projected economic impacts associated with a closure of 
the at-sea sector in November, when closure would most likely occur, 
are losses of approximately 200 jobs and $14 million in personal 
income. Additionally, in order to reopen the Pacific whiting fishery, 
the Council would need to convene an emergency Council meeting or wait 
until the Council makes a decision at a subsequent meeting. Finally, 
because moving any portion of the IOA set-aside into the amount set 
aside for unforeseen catch events would make that amount available for 
all sectors, the GMT did not determine that this request would pose a 
risk to other groundfish fisheries.
    Therefore, the Council recommended and NMFS is implementing a 
redistribution of 9.7 mt of POP and 17.7 mt of darkblotched rockfish, 
from the ``off-the-top'' deductions for the IOA fishery made at the 
start of the 2017-18 biennium, to the buffer for unforeseen catch 
events. This redistribution creates a larger buffer for all sectors, 
and reduces the risk of a closure of one or both the MS and C/P 
sectors. Transfer of POP and darkblotched rockfish to the set-aside for 
unforeseen catch events is not expected to result in greater impacts to 
either species, or other overfished species, than what was originally 
projected through the 2017-18 harvest specifications.

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 when the Pacific halibut TAC is above 900,000 lb (408 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' 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).

[[Page 50513]]

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 160 lb (64 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, recommended by the Council at its March 2018 
meeting, and subsequently implemented by NMFS on April 13, 2018 (83 FR 
16005), were intended to allow the 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. However, the GMT notified the 
Council, after a request from the GAP to increase the incidental 
halibut allowance in the sablefish primary fishery, that incidental 
catch of halibut through September 11, 2018, was 22,464 lb, or less 
than 50 percent of the 50,000 lb allocation, with little more than a 
month left in the season that ends on October 31, 2018.
    Therefore, in order to allow increased incidental halibut retention 
in the sablefish primary fishery, the Council recommended and NMFS is 
implementing revised incidental halibut retention regulations at Sec.  
660.231(b)(3)(iv) to increase the catch ratio to ``200 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 200 lb per 1,000 lb 
ratio per landing.'' This modest increase in the allowed halibut 
retention ratio over the last few weeks of the fishery is unlikely to 
cause catch to exceed the incidental halibut allocation for the 
sablefish primary fishery north of Pt. Chehalis, WA, but will provide 
some additional benefit to fishery participants.

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 
these adjustments to groundfish management measures under 5 U.S.C. 
553(b) because notice and comment would be impracticable and contrary 
to the public interest. Each of the adjustments to commercial 
groundfish management measures in this rule would create more harvest 
opportunity and allow fishermen to better attain species that are 
currently under attained without causing any additional impacts on the 
fishery. Delaying the implementation of these adjustments would reduce 
or eliminate the benefits that they would provide to the industry. For 
example, the sablefish primary season ends on October 31, 2018; 
therefore, any delay in implementing the increased halibut retention 
limit would further limit the time available for fishery participants 
to benefit from these changes. Allowing for a public comment period 
would likely result in little if any time before the end of the season. 
Vessels fishing in the LEFG or OAFG fisheries for sablefish would 
ultimately only fish under the increased trip limits for 1.5 periods 
(October-December). Providing for a public comment period and issuing a 
final rule would likely delay implementation of the increased limits to 
the point where only minimal fishing opportunity remained due to the 
approaching end of the year and winter weather conditions. Delaying 
implementation further risks the at-sea sector reaching and/or 
exceeding their set-aside for darkblotched rockfish and POP further 
increasing fears about potential closures and the expenses associated 
with such closures. In summary, providing a comment period for this 
action would significantly limit the benefits to the fishery, and would 
hamper the achievement of optimum yield from the affected fisheries. 
For the same reasons, the 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 9, 2018. The adjustments to 
management measures in this document affect commercial fisheries in 
Washington, Oregon and California. These adjustments were requested by 
members of industry during the Council's September 7-11, 2018 meeting, 
and recommended unanimously by the Council. 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). 
Therefore, NMFS finds good cause to waive prior notice and comment and 
to waive the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: October 3, 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. Table 2a to part 660, subpart C, is revised to read as follows:

   Table 2a to Part 660, Subpart C--2018, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
                                                   Guidelines
                                            [Weights in metric tons]
----------------------------------------------------------------------------------------------------------------
            Species                   Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
BOCACCIO \c\..................  S of 40[deg]10'            2,013           1,924             741             726
                                 N lat..
COWCOD \d\....................  S of 40[deg]10'               71              64              10               8
                                 N lat..
DARKBLOTCHED ROCKFISH \e\.....  Coastwide.......             683             653             653             576
PACIFIC OCEAN PERCH \f\.......  N of 40[deg]10'              984             941             281             232
                                 N lat..
YELLOWEYE ROCKFISH \g\........  Coastwide.......              58              48              20              14

[[Page 50514]]

 
Arrowtooth flounder \h\.......  Coastwide.......          16,498          13,743          13,743          11,645
Big skate \i\.................  Coastwide.......             541             494             494             437
Black rockfish \j\............  California                   347             332             332             331
                                 (South of
                                 42[deg] N lat.).
Black rockfish \k\............  Oregon (Between              570             520             520             519
                                 46[deg]16' N
                                 lat. and
                                 42[deg] N lat.).
Black rockfish \l\............  Washington (N of             315             301             301             283
                                 46[deg]16' N
                                 lat.).
Blackgill rockfish \m\........  S of 40[deg]10'               NA              NA              NA              NA
                                 N lat..
Cabezon \n\...................  California                   156             149             149             149
                                 (South of
                                 42[deg] N lat.).
Cabezon \o\...................  Oregon (Between               49              47              47              47
                                 46[deg]16' N
                                 lat. and
                                 42[deg] N lat.).
California scorpionfish \p\...  S of 34[deg]27'              278             254             150             148
                                 N lat..
Canary rockfish \q\...........  Coastwide.......           1,596           1,526           1,526           1,467
Chilipepper \r\...............  S of 40[deg]10'            2,623           2,507           2,507           2,461
                                 N lat..
Dover sole \s\................  Coastwide.......          90,282          86,310          50,000          48,406
English sole \t\..............  Coastwide.......           8,255           7,537           7,537           7,324
Lingcod \u\...................  N of 40[deg]10'            3,310           3,110           3,110           2,832
                                 N lat..
Lingcod \v\...................  S of 40[deg]10'            1,373           1,144           1,144           1,135
                                 N lat..
Longnose skate \w\............  Coastwide.......           2,526           2,415           2,000           1,853
Longspine thornyhead \x\......  Coastwide.......           4,339           3,614              NA              NA
Longspine thornyhead..........  N of 34[deg]27'               NA              NA           2,747           2,700
                                 N lat..
Longspine thornyhead..........  S of 34[deg]27'               NA              NA             867             864
                                 N lat..
Pacific cod \y\...............  Coastwide.......           3,200           2,221           1,600           1,091
Pacific whiting \z\...........  Coastwide.......         725,984             \z\             \z\         362,682
Petrale sole \aa\.............  Coastwide.......           3,152           3,013           3,013           2,772
Sablefish.....................  Coastwide.......           8,329           7,604              NA              NA
Sablefish \bb\................  N of 36[deg] N                NA              NA           5,475    See Table 2c
                                 lat..
Sablefish \cc\................  S of 36[deg] N                NA              NA           1,944           1,939
                                 lat..
Shortbelly rockfish \dd\......  Coastwide.......           6,950           5,789             500             489
Shortspine thornyhead \ee\....  Coastwide.......           3,116           2,596              NA              NA
Shortspine thornyhead.........  N of 34[deg]27'               NA              NA           1,698           1,639
                                 N lat..
Shortspine thornyhead.........  S of 34[deg]27'               NA              NA             898             856
                                 N lat..
Spiny dogfish \ff\............  Coastwide.......           2,500           2,083           2,083           1,745
Splitnose rockfish \gg\.......  S of 40[deg]10'            1,842           1,761           1,761           1,750
                                 N lat..
Starry flounder \hh\..........  Coastwide.......           1,847           1,282           1,282           1,272
Widow rockfish \ii\...........  Coastwide.......          13,237          12,655          12,655          12,437
Yellowtail rockfish \jj\......  N of 40[deg]10'            6,574           6,002           6,002           4,972
                                 N lat..
Minor Nearshore Rockfish \kk\.  N of 40[deg]10'              119             105             105             103
                                 N lat..
Minor Shelf Rockfish \ll\.....  N of 40[deg]10'            2,302           2,048           2,047           1,963
                                 N lat..
Minor Slope Rockfish \mm\.....  N of 40[deg]10'            1,896           1,754           1,754           1,689
                                 N lat..
Minor Nearshore Rockfish \nn\.  S of 40[deg]10'            1,344           1,180           1,179           1,175
                                 N lat..
Minor Shelf Rockfish \oo\.....  S of 40[deg]10'            1,918           1,625           1,624           1,577
                                 N lat..
Minor Slope Rockfish \pp\.....  S of 40[deg]10'              829             719             709             689
                                 N lat..
Other Flatfish \qq\...........  Coastwide.......           9,690           7,281           7,281           7,077
Other Fish \rr\...............  Coastwide.......             501             441             441             441
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery harvest guidelines means the harvest guideline or quota after subtracting Pacific Coast treaty
  Indian tribes allocations and projected catch, projected research catch, deductions for fishing mortality in
  non-groundfish fisheries, and deductions for EFPs from the ACL or ACT.
\c\ Bocaccio. A stock assessment was conducted in 2015 for the bocaccio stock between the U.S.-Mexico border and
  Cape Blanco. The stock is managed with stock-specific harvest specifications south of 40[deg]10' N lat. and
  within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. A historical catch distribution of
  approximately 7.4 percent was used to apportion the assessed stock to the area north of 40[deg]10' N lat. The
  bocaccio stock was estimated to be at 36.8 percent of its unfished biomass in 2015. The OFL of 2,013 mt is
  projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 1,924 mt is a 4.4
  percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The 741 mt ACL is
  based on the current rebuilding plan with a target year to rebuild of 2022 and an SPR harvest rate of 77.7
  percent. 15.4 mt is deducted from the ACL to accommodate the incidental open access fishery (0.8 mt), EFP
  catch (10 mt) and research catch (4.6 mt), resulting in a fishery HG of 725.6 mt. The California recreational
  fishery has an HG of 305.5 mt.
\d\ Cowcod. A stock assessment for the Conception Area was conducted in 2013 and the stock was estimated to be
  at 33.9 percent of its unfished biomass in 2013. The Conception Area OFL of 59 mt is projected in the 2013
  rebuilding analysis using an FMSY proxy of F50. The OFL contribution of 12 mt for the unassessed
  portion of the stock in the Monterey area is based on depletion-based stock reduction analysis. The OFLs for
  the Monterey and Conception areas were summed to derive the south of 40[deg]10' N lat. OFL of 71 mt. The ABC
  for the area south of 40[deg]10' N lat. is 64 mt. The assessed portion of the stock in the Conception Area is
  considered category 2, with a Conception area contribution to the ABC of 54 mt, which is an 8.7 percent
  reduction from the Conception area OFL ([sigma] = 0.72/P* = 0.45). The unassessed portion of the stock in the
  Monterey area is considered a category 3 stock, with a contribution to the ABC of 10 mt, which is a 16.6
  percent reduction from the Monterey area OFL ([sigma] = 1.44/P* = 0.45). A single ACL of 10 mt is being set
  for both areas combined. The ACL of 10 mt is based on the rebuilding plan with a target year to rebuild of
  2020 and an SPR harvest rate of 82.7 percent, which is equivalent to an exploitation rate (catch over age 11+
  biomass) of 0.007. 2 mt is deducted from the ACL to accommodate the incidental open access fishery (less than
  0.1 mt), EFP fishing (less than 0.1 mt) and research activity (2 mt), resulting in a fishery HG of 8 mt. Any
  additional mortality in research activities will be deducted from the ACL. A single ACT of 4 mt is being set
  for both areas combined.

[[Page 50515]]

 
\e\ Darkblotched rockfish. A 2015 stock assessment estimated the stock to be at 39 percent of its unfished
  biomass in 2015. The OFL of 683 mt is projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 653 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a
  category 1 stock. The ACL is set equal to the ABC, as the stock is projected to be above its target biomass of
  B40 in 2017. 77.3 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), the
  incidental open access fishery (24.5 mt), EFP catch (0.1 mt), research catch (2.5 mt) and an additional
  deduction for unforeseen catch events (50 mt), resulting in a fishery HG of 575.8 mt. On October 9, 2018 17.7
  mt were redistributed from the incidental open access fishery to the deduction for unforeseen catch events.
  This redistribution results in an incidental open access amount of 6.8 mt and a deduction for unforeseen catch
  events of 67.7 mt.
\f\ Pacific ocean perch. A stock assessment was conducted in 2011 and the stock was estimated to be at 19.1
  percent of its unfished biomass in 2011. The OFL of 984 mt for the area north of 40[deg]10' N lat. is based on
  an updated catch-only projection of the 2011 rebuilding analysis using an F50 FMSY proxy. The ABC of
  941 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) as it is a category 1 stock. The ACL
  is based on the current rebuilding plan with a target year to rebuild of 2051 and a constant catch amount of
  281 mt in 2017 and 2018, followed in 2019 and beyond by ACLs based on an SPR harvest rate of 86.4 percent.
  49.4 mt is deducted from the ACL to accommodate the Tribal fishery (9.2 mt), the incidental open access
  fishery (10 mt), research catch (5.2 mt) and an additional deduction for unforeseen catch events (25 mt),
  resulting in a fishery HG of 231.6 mt. On October 9, 2018 9.7 mt were redistributed from the incidental open
  access fishery to the deduction for unforeseen catch events. This redistribution results in an incidental open
  access amount of 0.3 mt and a deduction for unforeseen catch events of 34.7 mt.
\g\ Yelloweye rockfish. A stock assessment update was conducted in 2011. The stock was estimated to be at 21.4
  percent of its unfished biomass in 2011. The 58 mt coastwide OFL is based on a catch-only update of the 2011
  stock assessment, assuming actual catches since 2011 and using an FMSY proxy of F50. The ABC of 48 mt
  is a 16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) as it is a category 2 stock. The 20 mt ACL
  is based on the current rebuilding plan with a target year to rebuild of 2074 and an SPR harvest rate of 76.0
  percent. 6 mt is deducted from the ACL to accommodate the Tribal fishery (2.3 mt), the incidental open access
  fishery (0.4 mt), EFP catch (less than 0.1 mt) and research catch (3.27 mt) resulting in a fishery HG of 14
  mt. Recreational HGs are: 3.3 mt (Washington); 3 mt (Oregon); and 3.9 mt (California).
\h\ Arrowtooth flounder. The arrowtooth flounder stock was last assessed in 2007 and was estimated to be at 79
  percent of its unfished biomass in 2007. The OFL of 16,498 mt is derived from a catch-only update of the 2007
  assessment assuming actual catches since 2007 and using an F30 FMSY proxy. The ABC of 13,743 mt is a
  16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) as it is a category 2 stock. The ACL is set
  equal to the ABC because the stock is above its target biomass of B25. 2,098.1 mt is deducted from the
  ACL to accommodate the Tribal fishery (2,041 mt), the incidental open access fishery (40.8 mt), and research
  catch (16.4 mt), resulting in a fishery HG of 11,644.9 mt.
\i\ Big skate. The OFL of 541 mt is based on an estimate of trawl survey biomass and natural mortality. The ABC
  of 494 mt is a 8.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.45) as it is a category 2 stock. The
  ACL is set equal to the ABC. 57.4 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), the
  incidental open access fishery (38.4 mt), and research catch (4 mt), resulting in a fishery HG of 436.6 mt.
\j\ Black rockfish (California). A 2015 stock assessment estimated the stock to be at 33 percent of its unfished
  biomass in 2015. The OFL of 347 mt is projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 332 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a
  category 1 stock. The ACL is set equal to the ABC because the stock is projected to be above its target
  biomass of B40 in 2018. 1 mt is deducted from the ACL for EFP catch, resulting in a fishery HG of 331
  mt.
\k\ Black rockfish (Oregon). A 2015 stock assessment estimated the stock to be at 60 percent of its unfished
  biomass in 2015. The OFL of 570 mt is projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 520 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.45) because it is a
  category 2 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 0.6 mt is deducted from the ACL to accommodate the incidental open access fishery, resulting in a fishery
  HG of 519.4 mt.
\l\ Black rockfish (Washington). A 2015 stock assessment estimated the stock to be at 43 percent of its unfished
  biomass in 2015. The OFL of 315 mt is projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 301 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a
  category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 18 mt is deducted from the ACL to accommodate the Tribal fishery, resulting in a fishery HG of 283 mt.
\m\ Blackgill rockfish. Blackgill rockfish contributes to the harvest specifications for the Minor Slope
  Rockfish South complex. See footnote pp.
\n\ Cabezon (California). A cabezon stock assessment was conducted in 2009. The cabezon spawning biomass in
  waters off California was estimated to be at 48.3 percent of its unfished biomass in 2009. The OFL of 156 mt
  is calculated using an FMSY proxy of F50. The ABC of 149 mt is based on a 4.4 percent reduction from
  the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because
  the stock is above its target biomass of B40. 0.3 mt is deducted from the ACL to accommodate the
  incidental open access fishery (0.3 mt), resulting in a fishery HG of 148.7 mt.
\o\ Cabezon (Oregon). A cabezon stock assessment was conducted in 2009. The cabezon spawning biomass in waters
  off Oregon was estimated to be at 52 percent of its unfished biomass in 2009. The OFL of 49 mt is calculated
  using an FMSY proxy of F45. The ABC of 47 mt is based on a 4.4 percent reduction from the OFL ([sigma]
  = 0.36/P* = 0.45) because it is a category 1 species. The ACL is set equal to the ABC because the stock is
  above its target biomass of B40. There are no deductions from the ACL so the fishery HG is also equal
  to the ACL of 47 mt.
\p\ California scorpionfish. A California scorpionfish assessment was conducted in 2005 and was estimated to be
  at 79.8 percent of its unfished biomass in 2005. The OFL of 278 mt is based on projections from a catch-only
  update of the 2005 assessment assuming actual catches since 2005 and using an FMSY harvest rate proxy of
  F50. The ABC of 254 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.45) because it
  is a category 2 stock. The ACL is set at a constant catch amount of 150 mt. 2.2 mt is deducted from the ACL to
  accommodate the incidental open access fishery (2 mt) and research catch (0.2 mt), resulting in a fishery HG
  of 147.8 mt. An ACT of 111 mt is established.
\q\ Canary rockfish. A stock assessment was conducted in 2015 and the stock was estimated to be at 55.5 percent
  of its unfished biomass coastwide in 2015. The coastwide OFL of 1,596 mt is projected in the 2015 assessment
  using an FMSY harvest rate proxy of F50. The ABC of 1,526 mt is a 4.4 percent reduction from the OFL
  ([sigma] = 0.36/P* = 0.45) as it is a category 1 stock. The ACL is set equal to the ABC because the stock is
  above its target biomass of B40. 59.4 mt is deducted from the ACL to accommodate the Tribal fishery
  (50 mt), the incidental open access fishery (1.2 mt), EFP catch (1 mt) and research catch (7.2 mt) resulting
  in a fishery HG of 1,466.6 mt. Recreational HGs are: 50 mt (Washington); 75 mt (Oregon); and 135 mt
  (California).
\r\ Chilipepper. A coastwide update assessment of the chilipepper stock was conducted in 2015 and estimated to
  be at 64 percent of its unfished biomass in 2015. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10'N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. Projected OFLs are stratified north and south of 40[deg]10' N lat. based on the average historical
  assessed area catch, which is 93 percent for the area south of 40[deg]10' N lat. and 7 percent for the area
  north of 40[deg]10' N lat. The OFL of 2,623 mt for the area south of 40[deg]10' N lat. is projected in the
  2015 assessment using an FMSY proxy of F50. The ABC of 2,507 mt is a 4.4 percent reduction from the
  OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the
  stock is above its target biomass of B40. 45.9 mt is deducted from the ACL to accommodate the
  incidental open access fishery (5 mt), EFP fishing (30 mt), and research catch (10.9 mt), resulting in a
  fishery HG of 2,461.1 mt.
\s\ Dover sole. A 2011 Dover sole assessment estimated the stock to be at 83.7 percent of its unfished biomass
  in 2011. The OFL of 90,282 mt is based on an updated catch-only projection from the 2011 stock assessment
  assuming actual catches since 2011 and using an FMSY proxy of F30. The ABC of 86,310 mt is a 4.4
  percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL could be
  set equal to the ABC because the stock is above its target biomass of B25. However, the ACL of 50,000
  mt is set at a level below the ABC and higher than the maximum historical landed catch. 1,593.7 mt is deducted
  from the ACL to accommodate the Tribal fishery (1,497 mt), the incidental open access fishery (54.8 mt), and
  research catch (41.9 mt), resulting in a fishery HG of 48,406.3 mt.
\t\ English sole. A 2013 stock assessment was conducted, which estimated the stock to be at 88 percent of its
  unfished biomass in 2013. The OFL of 8,255 mt is projected in the 2013 assessment using an FMSY proxy of
  F30. The ABC of 7,537 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.45) because
  it is a category 2 stock. The ACL is set equal to the ABC because the stock is above its target biomass of
  B25. 212.8 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the incidental open
  access fishery (7 mt) and research catch (5.8 mt), resulting in a fishery HG of 7,324.2 mt.

[[Page 50516]]

 
\u\ Lingcod north. The 2009 lingcod assessment modeled two populations north and south of the California-Oregon
  border (42[deg] N lat.). Both populations were healthy with stock depletion estimated at 62 and 74 percent for
  the north and south, respectively in 2009.The OFL is based on an updated catch-only projection from the 2009
  assessment assuming actual catches since 2009 and using an FMSY proxy of F45. The OFL is apportioned
  by adding 48 percent of the OFL from California, resulting in an OFL of 3,310 mt for the area north of
  40[deg]10' N lat. The ABC of 3,110 mt is based on a 4.4 percent reduction ([sigma] = 0.36/P* = 0.45) from the
  OFL contribution for the area north of 42[deg] N lat. because it is a category 1 stock, and an 8.7 percent
  reduction ([sigma] = 0.72/P* = 0.45) from the OFL contribution for the area between 42[deg] N lat. and
  40[deg]10' N lat. because it is a category 2 stock. The ACL is set equal to the ABC because the stock is above
  its target biomass of B40. 278.2 mt is deducted from the ACL for the Tribal fishery (250 mt), the
  incidental open access fishery (16 mt), EFP catch (0.5 mt) and research catch (11.7 mt), resulting in a
  fishery HG of 2,831.8 mt.
\v\ Lingcod south. The 2009 lingcod assessment modeled two populations north and south of the California-Oregon
  border (42[deg] N lat.). Both populations were healthy with stock depletion estimated at 62 and 74 percent for
  the north and south, respectively in 2009. The OFL is based on an updated catch-only projection of the 2009
  stock assessment assuming actual catches since 2009 and using an FMSY proxy of F45. The OFL is
  apportioned by subtracting 48 percent of the California OFL, resulting in an OFL of 1,373 mt for the area
  south of 40[deg]10' N lat. The ABC of 1,144 mt is based on a 16.7 percent reduction from the OFL ([sigma] =
  0.72/P* = 0.40) because it is a category 2 stock. The ACL is set equal to the ABC because the stock is above
  its target biomass of B40. 9 mt is deducted from the ACL to accommodate the incidental open access
  fishery (6.9 mt), EFP fishing (1 mt), and research catch (1.1 mt), resulting in a fishery HG of 1,135 mt.
\w\ Longnose skate. A stock assessment was conducted in 2007 and the stock was estimated to be at 66 percent of
  its unfished biomass. The OFL of 2,526 mt is derived from the 2007 stock assessment using an FMSY proxy of
  F50. The ABC of 2,415 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it
  is a category 1 stock. The ACL of 2,000 mt is a fixed harvest level that provides greater access to the stock
  and is less than the ABC. 147 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt),
  incidental open access fishery (3.8 mt), and research catch (13.2 mt), resulting in a fishery HG of 1,853 mt.
\x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide stock assessment estimated the stock to be at 75
  percent of its unfished biomass in 2013. A coastwide OFL of 4,339 mt is projected in the 2013 stock assessment
  using an F50 FMSY proxy. The coastwide ABC of 3,614 mt is a 16.7 percent reduction from the OFL
  ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. For the portion of the stock that is north of
  34[deg]27' N lat., the ACL is 2,747 mt, and is 76 percent of the coastwide ABC based on the average swept-area
  biomass estimates (2003-2012) from the NMFS NWFSC trawl survey. 46.8 mt is deducted from the ACL to
  accommodate the Tribal fishery (30 mt), the incidental open access fishery (3.3 mt), and research catch (13.5
  mt), resulting in a fishery HG of 2,700.2 mt. For that portion of the stock south of 34[deg]27' N lat. the ACL
  is 867 mt and is 24 percent of the coastwide ABC based on the average swept-area biomass estimates (2003-2012)
  from the NMFS NWFSC trawl survey. 3.2 mt is deducted from the ACL to accommodate the incidental open access
  fishery (1.8 mt), and research catch (1.4 mt), resulting in a fishery HG of 863.8 mt.
\y\ Pacific cod. The 3,200 mt OFL is based on the maximum level of historic landings. The ABC of 2,221 mt is a
  30.6 percent reduction from the OFL ([sigma] = 1.44/P* = 0.40) as it is a category 3 stock. The 1,600 mt ACL
  is the OFL reduced by 50 percent as a precautionary adjustment. 509 mt is deducted from the ACL to accommodate
  the Tribal fishery (500 mt), research catch (7 mt), and the incidental open access fishery (2 mt), resulting
  in a fishery HG of 1,091 mt.
\z\ Pacific whiting. The coastwide stock assessment was published in 2018 and estimated the spawning stock to be
  at 66.7 percent of its unfished biomass. The 2018 OFL of 725,984 mt is based on the 2018 assessment with an
  F40 FMSY proxy. The 2018 coastwide, unadjusted Total Allowable Catch (TAC) of 517,775 mt is based on
  the 2018 stock assessment. The U.S. TAC is 73.88 percent of the coastwide unadjusted TAC. Up to 15 percent of
  each party's unadjusted 2017 TAC (58,901 mt for the U.S. and 20,824 mt for Canada) is added to each party's
  2018 unadjusted TAC, resulting in a U.S. adjusted 2018 TAC of 441,433 mt. From the adjusted U.S. TAC, 77,251
  mt is deducted to accommodate the Tribal fishery, and 1,500 mt is deducted to accommodate research and bycatch
  in other fisheries, resulting in a fishery HG of 362,682 mt. The TAC for Pacific whiting is established under
  the provisions of the Agreement with Canada on Pacific Hake/Whiting and the Pacific Whiting Act of 2006, 16
  U.S.C. 7001-7010, and the international exception applies. Therefore, no ABC or ACL values are provided for
  Pacific whiting.
\aa\ Petrale sole. A 2015 stock assessment update was conducted, which estimated the stock to be at 31 percent
  of its unfished biomass in 2015. The OFL of 3,152 mt is projected in the 2015 assessment using an FMSY proxy
  of F30. The ABC of 3,013 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because
  it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of
  B25. 240.9 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), the incidental open
  access fishery (3.2 mt) and research catch (17.7 mt), resulting in a fishery HG of 2,772.1 mt.
\bb\ Sablefish north. A coastwide sablefish stock assessment update was conducted in 2015. The coastwide
  sablefish biomass was estimated to be at 33 percent of its unfished biomass in 2015. The coastwide OFL of
  8,329 mt is projected in the 2015 stock assessment using an FMSY proxy of F45. The ABC of 7,604 mt is
  an 8.7 percent reduction from the OFL ([sigma] = 0.36/P* = 0.40). The 40-10 adjustment is applied to the ABC
  to derive a coastwide ACL value because the stock is in the precautionary zone. This coastwide ACL value is
  not specified in regulations. The coastwide ACL value is apportioned north and south of 36[deg] N lat., using
  the 2003-2014 average estimated swept area biomass from the NMFS NWFSC trawl survey, with 73.8 percent
  apportioned north of 36[deg] N lat. and 26.2 percent apportioned south of 36[deg] N lat. The northern ACL is
  5,475 mt and is reduced by 548 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.).
  The 548 mt Tribal allocation is reduced by 1.5 percent to account for discard mortality. Detailed sablefish
  allocations are shown in Table 2c.
\cc\ Sablefish south. The ACL for the area south of 36[deg] N lat. is 1,944 mt (26.2 percent of the calculated
  coastwide ACL value). 5 mt is deducted from the ACL to accommodate the incidental open acrdedseescess fishery
  (2 mt) and research catch (3 mt), resulting in a fishery HG of 1,939 mt.
\dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish assessment was conducted in 2007. The spawning
  stock biomass of shortbelly rockfish was estimated to be 67 percent of its unfished biomass in 2005. The OFL
  of 6,950 mt is based on the estimated MSY in the 2007 stock assessment. The ABC of 5,789 mt is a 16.7 percent
  reduction of the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. The 500 mt ACL is set to
  accommodate incidental catch when fishing for co-occurring healthy stocks and in recognition of the stock's
  importance as a forage species in the California Current ecosystem. 10.9 mt is deducted from the ACL to
  accommodate the incidental open access fishery (8.9 mt) and research catch (2 mt), resulting in a fishery HG
  of 489.1 mt.
\ee\ Shortspine thornyhead. A 2013 coastwide shortspine thornyhead stock assessment estimated the stock to be at
  74.2 percent of its unfished biomass in 2013. A coastwide OFL of 3,116 mt is projected in the 2013 stock
  assessment using an F50 FMSY proxy. The coastwide ABC of 2,596 mt is a 16.7 percent reduction from the
  OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. For the portion of the stock that is north of
  34[deg]27' N lat., the ACL is 1,698 mt. The northern ACL is 65.4 percent of the coastwide ABC based on the
  average swept-area biomass estimates (2003-2012) from the NMFS NWFSC trawl survey. 59 mt is deducted from the
  ACL to accommodate the Tribal fishery (50 mt), the incidental open access fishery (1.8 mt), and research catch
  (7.2 mt), resulting in a fishery HG of 1,639 mt for the area north of 34[deg]27' N lat. For that portion of
  the stock south of 34[deg]27' N lat. the ACL is 898 mt. The southern ACL is 34.6 percent of the coastwide ABC
  based on the average swept-area biomass estimates (2003-2012) from the NMFS NWFSC trawl survey. 42.3 mt is
  deducted from the ACL to accommodate the incidental open access fishery (41.3 mt) and research catch (1 mt),
  resulting in a fishery HG of 855.7 mt for the area south of 34[deg]27' N lat.
\ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment was conducted in 2011. The coastwide spiny
  dogfish biomass was estimated to be at 63 percent of its unfished biomass in 2011. The coastwide OFL of 2,500
  mt is derived from the 2011 assessment using an FMSY proxy of F50. The coastwide ABC of 2,083 mt is a
  16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. The ACL is
  set equal to the ABC because the stock is above its target biomass of B40. 338 mt is deducted from the
  ACL to accommodate the Tribal fishery (275 mt), the incidental open access fishery (49.5 mt), EFP catch (1
  mt), and research catch (12.5 mt), resulting in a fishery HG of 1,745 mt.

[[Page 50517]]

 
\gg\ Splitnose rockfish. A coastwide splitnose rockfish assessment was conducted in 2009 that estimated the
  stock to be at 66 percent of its unfished biomass in 2009. Splitnose rockfish in the north is managed in the
  Minor Slope Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. The
  coastwide OFL is projected in the 2009 assessment using an FMSY proxy of F50. The coastwide OFL is
  apportioned north and south of 40[deg]10' N lat. based on the average 1916-2008 assessed area catch resulting
  in 64.2 percent of the coastwide OFL apportioned south of 40[deg]10' N lat., and 35.8 percent apportioned for
  the contribution of splitnose rockfish to the northern Minor Slope Rockfish complex. The southern OFL of 1,842
  mt results from the apportionment described above. The southern ABC of 1,761 mt is a 4.4 percent reduction
  from the southern OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the
  ABC because the stock is estimated to be above its target biomass of B40. 10.7 mt is deducted from the
  ACL to accommodate the incidental open access fishery (0.2 mt), research catch (9 mt) and EFP catch (1.5 mt),
  resulting in a fishery HG of 1,750.3 mt.
\hh\ Starry flounder. The stock was assessed in 2005 and was estimated to be above 40 percent of its unfished
  biomass in 2005 (44 percent in Washington and Oregon, and 62 percent in California). The coastwide OFL of
  1,847 mt is set equal to the 2016 OFL, which was derived from the 2005 assessment using an FMSY proxy of
  F30. The ABC of 1,282 mt is a 30.6 percent reduction from the OFL ([sigma] = 1.44/P* = 0.40) because
  it is a category 3 stock. The ACL is set equal to the ABC because the stock was estimated to be above its
  target biomass of B25 in 2018. 10.3 mt is deducted from the ACL to accommodate the Tribal fishery (2
  mt), and the incidental open access fishery (8.3 mt), resulting in a fishery HG of 1,271.7 mt.
\ii\ Widow rockfish. The widow rockfish stock was assessed in 2015 and was estimated to be at 75 percent of its
  unfished biomass in 2015. The OFL of 13,237 mt is projected in the 2015 stock assessment using the F50
  FMSY proxy. The ABC of 12,655 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it
  is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of
  B40. 217.7 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the incidental open
  access fishery (0.5 mt), EFP catch (9 mt) and research catch (8.2 mt), resulting in a fishery HG of 12,437.3
  mt.
\jj\ Yellowtail rockfish. A 2013 yellowtail rockfish stock assessment was conducted for the portion of the
  population north of 40[deg]10' N. lat. The estimated stock depletion is 67 percent of its unfished biomass in
  2013. The OFL of 6,574 mt is projected in the 2013 stock assessment using an FMSY proxy of F50. The
  ABC of 6,002 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P*= 0.45) because it is a category 2
  stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 1,030 mt
  is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), the incidental open access fishery (3.4
  mt), EFP catch (10 mt) and research catch (16.6 mt), resulting in a fishery HG of 4,972.1 mt.
\kk\ Minor Nearshore Rockfish north. The OFL for Minor Nearshore Rockfish north of 40[deg]10' N lat. of 119 mt
  is the sum of the OFL contributions for the component species managed in the complex. The ABCs for the minor
  rockfish complexes are based on a sigma value of 0.72 for category 2 stocks (blue/deacon rockfish in
  California, brown rockfish, China rockfish, and copper rockfish) and a sigma value of 1.44 for category 3
  stocks (all others) with a P* of 0.45. The resulting ABC of 105 mt is the summed contribution of the ABCs for
  the component species. The ACL of 105 mt is the sum of contributing ABCs. 1.8 mt is deducted from the ACL to
  accommodate the Tribal fishery (1.5 mt), and the incidental open access fishery (0.3 mt), resulting in a
  fishery HG of 103.2 mt. Between 40[deg]10' N lat. and 42[deg] N lat. the Minor Nearshore Rockfish complex
  north has a harvest guideline of 40.2 mt. Blue/deacon rockfish south of 42[deg] N lat. has a species-specific
  HG, described in footnote pp.
\ll\ Minor Shelf Rockfish north. The OFL for Minor Shelf Rockfish north of 40[deg]10' N lat. of 2,302 mt is the
  sum of the OFL contributions for the component species within the complex. The ABCs for the minor rockfish
  complexes are based on a sigma value of 0.36 for a category 1 stock (chilipepper), a sigma value of 0.72 for
  category 2 stocks (greenspotted rockfish between 40[deg]10' and 42[deg] N lat. and greenstriped rockfish) and
  a sigma value of 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 2,048 mt is
  the summed contribution of the ABCs for the component species. The ACL of 2,047 mt is the sum of contributing
  ABCs of healthy assessed stocks and unassessed stocks, plus the ACL contribution of greenspotted rockfish in
  California where the 40-10 adjustment was applied to the ABC contribution for this stock because it is in the
  precautionary zone. 83.8 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), the incidental
  open access fishery (26 mt), EFP catch (3 mt), and research catch (24.8 mt), resulting in a fishery HG of
  1,963.2 mt.
\mm\ Minor Slope Rockfish north. The OFL for Minor Slope Rockfish north of 40[deg]10' N. lat. of 1,896 mt is the
  sum of the OFL contributions for the component species within the complex. The ABCs for the Minor Slope
  Rockfish complexes are based on a sigma value of 0.39 for aurora rockfish, a sigma value of 0.36 for the other
  category 1 stock (splitnose rockfish), a sigma value of 0.72 for category 2 stocks (rougheye rockfish,
  blackspotted rockfish, and sharpchin rockfish), and a sigma value of 1.44 for category 3 stocks (all others)
  with a P* of 0.45. A unique sigma of 0.39 was calculated for aurora rockfish because the variance in estimated
  spawning biomass was greater than the 0.36 used as a proxy for other category 1 stocks. The resulting ABC of
  1,754 mt is the summed contribution of the ABCs for the component species. The ACL is set equal to the ABC
  because all the assessed component stocks (rougheye rockfish, blackspotted rockfish, sharpchin rockfish, and
  splitnose rockfish) are above the target biomass of B40. 65.1 mt is deducted from the ACL to
  accommodate the Tribal fishery (36 mt), the incidental open access fishery (18.6 mt), EFP catch (1 mt), and
  research catch (9.5 mt), resulting in a fishery HG of 1,688.9 mt.
\nn\ Minor Nearshore Rockfish south. The OFL for the Minor Nearshore Rockfish complex south of 40[deg]10' N lat.
  of 1,344 mt is the sum of the OFL contributions for the component species within the complex. The ABC for the
  southern Minor Nearshore Rockfish complex is based on a sigma value of 0.72 for category 2 stocks (blue/deacon
  rockfish north of 34[deg]27' N lat., brown rockfish, China rockfish, and copper rockfish) and a sigma value of
  1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 1,180 mt is the summed
  contribution of the ABCs for the component species. The ACL of 1,179 mt is the sum of the contributing ABCs of
  healthy assessed stocks and unassessed stocks, plus the ACL contribution for China rockfish where the 40-10
  adjustment was applied to the ABC contribution for this stock because it is in the precautionary zone. 4.1 mt
  is deducted from the ACL to accommodate the incidental open access fishery (1.4 mt) and research catch (2.7
  mt), resulting in a fishery HG of 1,174.9 mt. Blue/deacon rockfish south of 42[deg] N lat. has a species-
  specific HG set equal to the 40-10-adjusted ACL for the portion of the stock north of 34[deg]27' N lat. (250.3
  mt) plus the ABC contribution for the unassessed portion of the stock south of 34[deg]27' N lat. (60.8 mt).
  The California (i.e., south of 42[deg] N lat.) blue/deacon rockfish HG is 311.1 mt.
\oo\ Minor Shelf Rockfish south. The OFL for the Minor Shelf Rockfish complex south of 40[deg]10' N lat. of
  1,918 mt is the sum of the OFL contributions for the component species within the complex. The ABC for the
  southern Minor Shelf Rockfish complex is based on a sigma value of 0.72 for category 2 stocks (i.e.,
  greenspotted and greenstriped rockfish) and a sigma value of 1.44 for category 3 stocks (all others) with a P*
  of 0.45. The resulting ABC of 1,625 mt is the summed contribution of the ABCs for the component species. The
  ACL of 1,624 mt is the sum of contributing ABCs of healthy assessed stocks and unassessed stocks, plus the ACL
  contribution of greenspotted rockfish in California where the 40-10 adjustment was applied to the ABC
  contribution for this stock because it is in the precautionary zone. 47.2 mt is deducted from the ACL to
  accommodate the incidental open access fishery (8.6 mt), EFP catch (30 mt), and research catch (8.6 mt),
  resulting in a fishery HG of 1,576.8 mt.
\pp\ Minor Slope Rockfish south. The OFL of 829 mt is the sum of the OFL contributions for the component species
  within the complex. The ABC for the southern Minor Slope Rockfish complex is based on a sigma value of 0.39
  for aurora rockfish, a sigma value of 0.72 for category 2 stocks (blackgill rockfish, rougheye rockfish,
  blackspotted rockfish, and sharpchin rockfish) and a sigma value of 1.44 for category 3 stocks (all others)
  with a P* of 0.45. A unique sigma of 0.39 was calculated for aurora rockfish because the variance in estimated
  biomass was greater than the 0.36 used as a proxy for other category 1 stocks. The resulting ABC of 719 mt is
  the summed contribution of the ABCs for the component species. The ACL of 709 mt is the sum of the
  contributing ABCs of healthy assessed stocks and unassessed stocks, plus the ACL contribution of blackgill
  rockfish where the 40-10 adjustment was applied to the ABC contribution for this stock because it is in the
  precautionary zone. 20.2 mt is deducted from the ACL to accommodate the incidental open access fishery (17.2
  mt), EFP catch (1 mt), and research catch (2 mt), resulting in a fishery HG of 688.8 mt. Blackgill rockfish
  has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N lat. set equal to the species'
  contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all groundfish fisheries counts
  against this HG of 122.4 mt. Nontrawl fisheries are subject to a blackgill rockfish HG of 45.3 mt.

[[Page 50518]]

 
\qq\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with species-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: Butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. The Other Flatfish OFL of 9,690 mt is based on the sum of the OFL contributions of the component
  stocks. The ABC of 7,281 mt is based on a sigma value of 0.72 for a category 2 stock (rex sole) and a sigma
  value of 1.44 for category 3 stocks (all others) with a P* of 0.40. The ACL is set equal to the ABC. The ACL
  is set equal to the ABC because all of the assessed stocks (i.e., Pacific sanddabs and rex sole) were above
  their target biomass of B25. 204 mt is deducted from the ACL to accommodate the Tribal fishery (60
  mt), the incidental open access fishery 125 mt), and research catch (19 mt), resulting in a fishery HG of
  7,077 mt.
\rr\ Other Fish. The Other Fish complex is comprised of kelp greenling coastwide, cabezon off Washington, and
  leopard shark coastwide. The 2015 assessment for the kelp greenling stock off of Oregon projected an estimated
  depletion of 80 percent. All other stocks are unassessed. The OFL of 501 mt is the sum of the OFL
  contributions for kelp greenling coastwide, cabezon off Washington, and leopard shark coastwide. The ABC for
  the Other Fish complex is based on a sigma value of 0.44 for kelp greenling off Oregon and a sigma value of
  1.44 for category 3 stocks (all others) with a P* of 0.45. A unique sigma of 0.44 was calculated for kelp
  greenling off Oregon because the variance in estimated spawning biomass was greater than the 0.36 sigma used
  as a proxy for other category 1 stocks. The resulting ABC of 441 mt is the summed contribution of the ABCs for
  the component species. The ACL is set equal to the ABC because all of the assessed stocks (kelp greenling off
  Oregon) were above their target biomass of B40. There are no deductions from the ACL so the fishery HG
  is equal to the ACL of 441 mt.


0
3. 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: 200 pounds (91 
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 200-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
4. Tables 2 (North) and (South) to part 660, subpart E are revised to 
read as follows:

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[GRAPHIC] [TIFF OMITTED] TR09OC18.006


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[GRAPHIC] [TIFF OMITTED] TR09OC18.008


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

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[GRAPHIC] [TIFF OMITTED] TR09OC18.010


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[GRAPHIC] [TIFF OMITTED] TR09OC18.011


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[GRAPHIC] [TIFF OMITTED] TR09OC18.012

[FR Doc. 2018-21879 Filed 10-5-18; 8:45 am]
 BILLING CODE 3510-22-P