[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Rules and Regulations]
[Pages 16911-16913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06268]
[[Page 16911]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180625576-8999-02]
RIN 0648-BJ68
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 the
harvest limits for incidental halibut retention in the primary
sablefish fishery.
DATES: Effective March 25, 2020.
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 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 reach, but not exceed, the annual catch limit (ACL) 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 March 3-9, 2020, meeting, the Council
recommended decreasing the amount of Pacific halibut that vessels in
the sablefish primary fishery north of Point Chehalis, Washington (WA)
may take incidentally to ensure that catch of Pacific halibut stays
within the allocated amount.
The Council developed a Catch Sharing Plan for the International
Pacific Halibut Commission (IPHC) Regulatory Area 2A, as provided for
in the Northern Pacific Halibut Act of 1982. The Catch Sharing Plan
allocates the Area 2A annual total allowable catch (TAC) for Pacific
halibut 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.
Under the Catch Sharing Plan, the primary sablefish fishery north
of Point Chehalis, WA (46[deg]53.30' N lat.) is allocated any excess
portion of the Washington recreational allocation above 214,110 lbs
[97.1 metric tons (mt)] up to 50,000 pounds [22.7 mt] provided a
minimum of 10,000 lbs [4.5 mt] is available. If the Area 2A catch limit
is 1.5 million pounds [680.4 mt] or more, the maximum allocation
increases to 70,000 lbs [31.8 mt]. If the amount above 214,110 lbs
[97.1 mt] is less than 10,000 lbs [4.5 mt] or greater than 50,000 lbs
[22.7 mt] (or 70,000 lbs [31.8 mt]), the excess is allocated back to
the Washington recreational fisheries.
The sablefish primary fishery season is open from April 1 to
October 31, though the fishery may close for individual participants
prior to October 31 once they reach the cumulative limit associated
with their tier assignment(s). Regulations at Sec. 660.231(b)(3)(iv)
allow vessels fishing in the sablefish primary fishery with a permit
from the IPHC to retain halibut up to a set landing limit, which may be
reviewed and modified throughout the sablefish primary fishery season
to allow for attainment but not exceedance of the Pacific halibut
allocation.
Recent Incidental Halibut Catch in the Primary Sablefish Fishery
On April 29, 2019, NMFS implemented a 2019 Area 2A Pacific halibut
TAC of 1,500,000 lb [680.4 mt] and a 2019 Pacific halibut incidental
catch limit of 70,000 lb [31.8 mt] for the limited entry fixed gear
sablefish primary fishery north of Point Chehalis, WA (84 FR 17960;
April 29, 2019). For the start of the 2019 primary sablefish fishery,
the incidental halibut landing limit was 200 lb [91 kg] dressed weight
of halibut, for every 1,000 lb [454 kg] dressed weight of sablefish
landed, and up to an additional two halibut in excess of this limit
(October 9, 2018; 83 FR 50510). At the June 2019 Council meeting, the
Council approved an increase in the landing limit to allow for full
utilization of the incidental catch limit. NMFS published a rule on
August 2, 2019 (84 FR 37780) that raised the landing limit to 250 lb
[113 kg] dressed weight of halibut per 1,000 lb [454 kg] dressed weight
of sablefish landed, and up to an additional two halibut in excess of
this limit. At the time the Council recommended the 250 lb [113 kg]
limit, the model predicted that total Pacific halibut catch in the
primary sablefish fishery would be 54,214 lb [24.6 mt], or 77.4 percent
of the 2019 incidental limit.
At the March 2020 Council meeting, the Groundfish Management Team
(GMT) informed the Council that the sablefish primary fishery north of
Pt. Chehalis, WA exceeded its 70,000 lb [31.8 mt] allowance for Pacific
halibut in 2019 by 13 percent, or 9,360 lb [4,246 kg]. Incidental catch
likely exceeded the limit because there were more trips where vessels
were catching a higher percentage of the incidental trip limit after it
was raised in August 2019 (Table 1). This table demonstrates a
significant shift in the number of trips (from 20 to 44) that retained
75 percent or more of the incidental halibut limit.
[[Page 16912]]
Table 1--Number of Trips in 2019 by Trip Limit and Percentage of the Incidental Halibut Limit Attained
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Vessel landing by percentage of the incidental halibut limit
Incidental halibut retention amount -------------------------------------------------------------------
0-50 percent 50-75 percent 75-90 percent 90-100 percent
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200 lb [91 kg]--limit before August 2019.... 44 3 7 13
250 lb [113 kg]--limit after August 2019.... 25 5 14 30
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The increase in trips with vessels catching more of the incidental
halibut limit once the limit was raised in August 2019 could be
indicative of vessels targeting Pacific halibut. The number of trips
with vessels catching more than 90 percent of the incidental halibut
landing limit increased from 13 trips out of 67 trips (19 percent of
trips) before the trip limit was increased to 30 trips out of 104 trips
(29 percent of trips) after the trip limit was increased to 250 lb [113
kg]. The modeling efforts that supported the change in the landing
limit in 2019 did not accurately predict this change in fishery
behavior. In general, due to the volatility in Pacific halibut landings
from year-to-year in the primary sablefish fishery (see Table 2), it
can be difficult to model projected landings accurately.
Table 2--Incidental Halibut Limits and Landings in the Primary Sablefish Fishery From 2014-2019
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Percent
Incidental limit Landings in net attainment of
in net weight (lb) weight (lb) limit
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2019....................................................... 70,000 79,360 113
2018....................................................... 50,000 43,716 87
2017....................................................... 70,000 35,866 51
2016....................................................... 49,686 29,448 59
2015....................................................... 10,348 9,763 94
2014....................................................... 14,274 12,067 85
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The 2020 incidental halibut limit for the sablefish primary fishery
is 70,000 lb [31.8 mt] (March 13, 2020; 85 FR 14586). If the current
incidental halibut limit were to remain in place, the GMT's model
projects halibut landings in the sablefish primary fishery north of
Point Chehalis, WA would likely exceed the incidental halibut
allocation again in 2020. Therefore, industry requested the GMT analyze
a lower landing limit to ensure attainment stays within the allocation
for halibut in the sablefish primary fishery. The GMT analyzed a limit
of 200 lb [91 kg] dressed weight of halibut, for every 1,000 lb [454
kg] dressed weight of sablefish landed. Under this limit, the highest
projected attainment would be 71,500 lb [32.43 mt]. However, this is
likely an overestimate as data suggests the lower incidental trip limit
will likely deter vessels from targeting halibut while fishing in the
primary sablefish fishery. Additionally, the GMT has the ability to
track incidental catch of halibut inseason and can recommend the
Council adjust the limit through additional inseason action if
necessary to ensure the incidental catch of Pacific halibut attains but
does not exceed the 2020 allocation.
Therefore, in order to allow incidental halibut catch in the
sablefish primary fishery, the Council recommended and NMFS is revising
incidental halibut retention regulations at Sec. 660.231(b)(3)(iv) to
decrease the incidental halibut catch limit. The limit will be reduced
from 250 lb [113 kg] dressed weight of halibut for every 1,000 lb [454
kg] dressed weight of sablefish landed and up to two additional halibut
in excess of the 250 lb [113 kg] per 1,000 lb [454 kg] limit per
landing to 200 lb [91 kg] dressed weight of halibut for every 1,000 lb
[454 kg] dressed weight of sablefish landed and up to two additional
halibut in excess of the 200 lb [91 kg] per 1,000 lb [454 kg] limit per
landing. We expect that this decrease will allow total catch of Pacific
halibut to approach, but not exceed, the 2020 allocation for the
sablefish primary fishery north of Point Chehalis, WA (70,000 lb or
31.8 mt) and provide opportunity for industry to attain a high
percentage of the sablefish primary fishery allocation.
Classification
This action is taken under the authority of 50 CFR 660.60(c) and
the Northern Pacific Halibut Act of 1982 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 sablefish primary fishery opens on April 1. Management
and enforcement of the incidental landing limit will be easier for
participants if the new limit is in place for the start of the season,
rather than a few weeks in as would be the case if implementation of
this rule was delayed. 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 March 2020 meeting, the Council recommended the decrease to
the incidental halibut retention limit for vessels fishing in the
sablefish primary fishery north of Point Chehalis be implemented as
soon as possible so that the limit is in place for the start of the
fishery on April 1, 2020. New catch data through 2019 that was not
available and thus not considered during the 2019-2020 biennial harvest
specifications process, projects that maintaining the status quo limit
of 250 lb (113 kg) for incidental halibut retention would likely result
in the sablefish primary fishery north of Point Chehalis, WA exceeding
its 2020 allocation. Reducing the limit will likely result in less
targeting than may have taken place late
[[Page 16913]]
in 2019 and, therefore, help ensure the 2020 allocation is not
exceeded.
Delaying implementation to allow for public comment could result in
confusion amongst industry if the new limit is implemented shortly
after the start of the season on April 1. Additionally, if the new
limit is not implemented until closer to the end of the season after a
full rulemaking the sablefish primary fishery north of Point Chehalis
would likely exceed its 2020 allocation of halibut. Therefore,
providing a comment period for this action could limit the benefits to
the fishery, and the vessels that participate in it as they rely on the
halibut retention allowance throughout the entire season.
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 decreasing the incidental halibut retention limit in the
sablefish primary fishery north of Point Chehalis, WA. This adjustment
was requested by the Council's advisory bodies, as well as members of
industry during the Council's March 2020 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 2019-2020 (82 FR 63970).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: March 20, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
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. 660.231, 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 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 limit 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.
* * * * *
[FR Doc. 2020-06268 Filed 3-24-20; 8:45 am]
BILLING CODE 3510-22-P