[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56142-56150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22785]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180625576-8999-02]
RIN 0648-BJ36
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2019-2020 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 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 21, 2019.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491
or email: [email protected].
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/.
SUPPLEMENTARY INFORMATION:
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 2019-2020
biennium for most species managed under the PCGFMP on December 12, 2018
(83 FR 63970). In general, the management measures set at the start of
the biennial harvest specifications cycle help the various sectors of
the fishery attain, but not exceed, the catch limits for each stock.
The Council, in coordination with Pacific Coast Treaty Indian Tribes
and the States of Washington, Oregon, and California, recommends
adjustments to the management measures during the fishing year to
achieve this goal.
At its September 12-18, 2019 meeting, the Council recommended
increasing the limited entry fixed gear (LEFG) and open access (OA)
trip limits for sablefish both north of 36[deg] N lat. Pacific Coast
groundfish fisheries are managed using harvest specifications or limits
(e.g., overfishing limits [OFL], acceptable biological catch [ABC],
annual catch limits [ACL] and harvest guidelines [HG]) recommended
biennially by the Council and based on the best scientific information
available at that time (50 CFR 660.60(b)). During development of the
harvest specifications, the Council also recommends mitigation measures
(e.g., trip limits, area closures, and bag limits) that are meant to
mitigate catch so as not to exceed the harvest specifications. The
harvest specifications and mitigation measures developed for the 2019-
2020 biennium used data through the 2017 fishing year. Each of the
adjustments to mitigation measures discussed below are based on updated
fisheries information that was unavailable when the analysis for the
current harvest specifications was completed. As new fisheries data
becomes available, adjustments to mitigation measures are projected so
as to help harvesters achieve but not exceed the harvest limits.
Sablefish is an important commercial species on the west coast with
vessels targeting sablefish with both trawl and fixed gear (longlines
and pots/traps). Sablefish is managed with a coast-wide ACL that is
apportioned north and south of 36[deg] N lat. with 73.8 percent going
to the north and 26.2 percent going to the south. In 2019, the portion
of the ACL for sablefish north of 36[deg] N lat. is 5,606 mt with a
fishery HG of 5,007 mt. The fishery HG north of 40[deg]10' N lat. is
further divided between the LEFG and OA sectors with 90.6 percent, or
4,537 mt, going to the LEFG sector and 9.4 percent, or 471 mt, going to
the OA sector. The 2019 portion of ACL for sablefish south of 36[deg] N
lat. is 1,990 mt with a fishery HG of 1,986 mt. South of 36[deg] N
lat., the fishery HG is further divided between the trawl (limited
entry) and non-trawl (LEFG and OA) sectors with 42 percent or 834 mt
going
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to the trawl sector, and the remaining 58 percent or 1,152 mt going to
the fixed gear sector.
At the September 2019 Council meeting, the Council's Groundfish
Management Team (GMT) received requests from industry members and
members of the Council's Groundfish Advisory Subpanel to examine the
potential to increase sablefish trips limits for the LEFG and OA
fisheries north of 36[deg] N lat. The intent of increasing trip limits
is to increase harvest opportunities for vessels targeting sablefish
which have been trending low in recent years. To evaluate potential
increases to sablefish trip limits, the GMT made model-based landings
projections under current regulations and alternative sablefish trip
limits, including the limits ultimately recommended by the Council, for
the LEFG and OA 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 adjusted trip limits. These
projections were based on the most recent catch information available
through early September 2019. Industry did not request changes to
sablefish trip limits for the LEFG or OA fishery south of 36[deg] N
lat. Therefore, NMFS and the Council did not consider trip limit
changes for these fisheries at this time.
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
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Projected Projected
Fishery Trip limits landings (round Allocation (mt) percentage
weight) (mt) attained
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LEFG North of 36[deg] N lat.... Current: 1,300 lb (560 190-213 273 70-78
kg)/week, not to
exceed 3,900 lb
(1,769 kg)/two months.
Recommended: 1,700 lb 247-283 90-104
(771 kg)/week, not to
exceed 5,100 lb
(2,313 kg)/two months.
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OA North of 36[deg] N lat...... Current: 300 lb (136 340-420 449 75-93
kg)/day, or 1 landing
per week of up to
1,400 lb (635 kg),
not to exceed 2,800
lb (1,179 kg)/two
months.
Recommended: 300 lb 360-460 81-102
(136 kg)/day, or 1
landing per week of
up to 1,500 lb (680
kg), not to exceed
3,000 lb (1,361 kg)/
two months.
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As shown in Table 1, under the current trip limits, the model
predicts catches of sablefish will be at or below 78 percent, or 213 mt
of the 273 mt allocation, for LEFG and 93 percent, or 420 mt of the 449
mt allocation, for OA fishery north of 36[deg] N lat. Under the
Council's recommended trip limits, sablefish attainment is projected to
increase in the LEFG and OA fisheries north of 36[deg] N lat. up to 104
and 102 percent, respectively. However, to date in 2019, the model has
overestimated landings by an average of 38 percent. Assuming this trend
continues for 2019, the percentage attainment would likely be closer to
the lower bound for both LEFG (90 percent or 247 mt) and OA (81 percent
or 360 mt) north of 36[deg] N lat.
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 2019-20 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 Tables 2 North and
South to part 660, subpart E, trip limit changes for the LEFG fishery
north of 36[deg] N lat. to increase the limits from ``1,300 lb (560
kg)/week, not to exceed 3,900 lb (1,769 kg)/two months'' to ``1,700 lb
(771 kg)/week, not to exceed 5,100 lb (2,313 kg)/two months'' beginning
in period 5 (September and October) through the end of the year. NMFS
is also implementing, by modifying Tables 3 North and South to part
660, subpart F, trip limit changes for the OA sablefish fishery north
of 36[deg] N lat. to increase the limits from ``300 lb (136 kg)/day, or
1 landing per week of up to 1,400 lb (635 kg), not to exceed 2,800 lb
(1,179 kg)/two months'' to ``300 lb (136 kg) per day, or one landing
per week of up to 1,500 lb (680 kg), not to exceed 3,000 lb (1,360 kg)
per two months'' starting with period 5 (September and October) through
the end of the year.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best scientific information
available, 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.
Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior
public notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. The adjustments to management measures in this document ease
restrictive trip limits fisheries in Washington, Oregon, and
California. No aspect of this action is controversial, and changes of
this nature were anticipated in the final rule for the 2019-2020
harvest specifications and management measures which published on
December 12, 2018 (83 FR 63970).
At its September 2019 meeting, the Council recommended increases to
the commercial trip limits be implemented as soon as possible so that
harvesters may be able to take advantage of these higher limits before
the end of the calendar year. Each of the adjustments to commercial
management measures in this rule will create more harvest opportunity
and allow fishermen to better attain species that are currently under
attained without causing any additional impacts to the fishery. Each of
these recommended adjustments also rely on new catch data that were not
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available and thus not considered during the 2019-2020 biennial harvest
specifications process. New catch information through the end of the
2018 fishing year shows that attainment of sablefish) has been below
its management points (i.e., HG, ACL, and non-trawl allocation) in 2018
and would likely remain below state catch targets under status quo
limits in 2019 and 2020.
These trip limit adjustments could provide up to an additional
$508-thousand in ex-vessel revenue to harvesters, as well as $1.04-
million in income and 16 jobs when including benefits to communities
and associated businesses. Delaying implementation to allow for public
comment would likely reduce the economic benefits to the commercial
fishing industry and the businesses that rely on that industry because
it is unlikely the new regulations would publish and could be
implemented before the end of the calendar year. Therefore, providing a
comment period for this action could significantly limit the economic
benefits to the fishery, and would hamper the achievement of optimum
yield from the affected fisheries.
Therefore, the NMFS finds reason to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule
may become effective upon publication in the Federal Register. The
adjustments to management measures in this document affect commercial
fisheries by increasing opportunity and relieving participants of the
more restrictive trip limits. These adjustments were requested by the
Council's advisory bodies, as well as members of industry during the
Council's September 2019 meetings, 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 2019-2020 (83 FR 63970).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: October 15, 2019.
Alan D. Risenhoover,
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
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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.
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2. Table 2 (North) to part 660, subpart E, is revised to read as
follows:
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3. Table 2 (South) to part 660, subpart E, is revised to read as
follows:
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4. Table 3 (North) to part 660, subpart F, is revised to read as
follows:
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5. Table 3 (South) to part 660, subpart F, is revised to read as
follows:
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[FR Doc. 2019-22785 Filed 10-18-19; 8:45 am]
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