[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43736-43742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15629]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180625576-8999-02]
RIN 0648-BJ95


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 July 20, 2020.

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 50 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).
    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]) based on the best scientific information available at 
that time (50 CFR 660.60(b)). The harvest specifications and mitigation 
measures developed for the 2019-2020 biennium used data through the 
2017 fishing year. In general, the management measures (e.g., trip 
limits, area closures, and bag limits) set at the start of the biennial 
harvest specifications cycle help catch in the various sectors of the 
fishery reach, but not exceed, the 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 June 10-19, 2020 meeting, the Council recommended increasing the 
limited entry fixed gear (LEFG) and open access (OA) trip limits for 
bocaccio south of 40[deg]10' North latitude (N lat.). Each of the 
adjustments discussed below are based on updated fisheries information 
that was unavailable when the Council completed the initial analysis 
for the current harvest specifications.
    Bocaccio 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. NMFS declared bocaccio overfished in 1999, 
and implemented a rebuilding plan for the stock in 2000. NMFS declared 
bocaccio officially rebuilt in 2017, and implemented new, higher catch 
limits for the first time in 2019. For example, the ACL for bocaccio 
increased from 741 metric tons (mt) in 2018 to 2,097 mt in 2019. For 
2020, the bocaccio ACL south of 40[deg]10' N lat. is 2,011 mt with a 
fishery HG of 1,965 mt. The non-trawl allocation is 1,197.8 mt.
    At the June 2020 Council meeting, members of the Groundfish 
Advisory SubPanel (GAP) notified the Council and the Groundfish 
Management Team (GMT) of increased interactions with bocaccio and the 
desire for higher trip limits to reduce the need to discard. The most 
recent bocaccio attainment estimates for 2020 suggest that around 13.5 
percent or 162.1 mt of bocaccio will be attained by the non-trawl 
sector out of the 1,197.8 mt non-trawl allocation for south of 
40[deg]10' N lat., the GAP requested the GMT examine potential 
increases to the bocaccio trip limits for the LEFG and OA sectors south 
of 40[deg]10' N lat.
    To assist the Council in evaluating potential trip limit increases 
for the LEFG and OA sectors targeting bocaccio south of 40[deg]10' N 
lat., the GMT analyzed projected attainment under the current status 
quo trip limits and increased trip limits (Table 1).

                        Table 1--Status Quo and Proposed Increased LEFG and OA Trip Limits for Bocaccio South of 40[deg]10' N lat
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Option                Sector     Geographic area      Jan-Feb            Mar-Apr           May-Jun        Jul-Aug      Sep-Oct      Nov-Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 1: Status Quo Trip     LE..........  40[deg]10' to                                     1,500 lb (680 kg)/2 months
 Limits.                                     34[deg]27' N
                                             lat.
                             ---------------------------------------------------------------------------------------------------------------------------
                              LE..........  South of         1,500 lb (680    CLOSED............                1,500 lb (680 kg)/2 months
                                             34[deg]27' N     kg)/2 months.
                                             lat.
                             ---------------------------------------------------------------------------------------------------------------------------
                              OA..........  South of         500 lb/2 months  CLOSED............                 500 lb (227 kg)/2 months
                                             34[deg]27' N
                                             lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 43737]]

 
Option 2: Increased Trip      LE..........  40[deg]10' to                 1,500 lb (680 kg)/2 months
 Limits.                                     34[deg]27' N
                                             lat.
                                       6,000 lb (2,722 kg)/2 months
                             ---------------------------------------------------------------------------------------------------------------------------
                              LE..........  South of         1,500 lb (680    CLOSED............  1,500 lb (680         6,000 lb (2,722 kg)/2 months
                                             34[deg]27' N     kg)/2 months.                        kg)/2 months.
                                             lat.
                             ---------------------------------------------------------------------------------------------------------------------------
                              OA..........  South of         500 lb (227 kg)/ CLOSED............  500 lb (227 kg)/      4,000 lb (1,814 kg)/2 months
                                             34[deg]27' N     2 months.                            2 months.
                                             lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In 2018, when the Council recommended bocaccio trip limits for the 
2019-20 harvest specifications, bocaccio had only just been rebuilt and 
few data points existed to provide projected annual catch data under 
the current trip limits. Based on the limited data available at that 
time, attainment of boccacio by the non-trawl commercial fishery in 
2020 was projected to be around 3.5 mt of the 1,197.8 mt non-trawl 
allocation.
    The GMT updated the projected attainments under the current status 
quo trip limits (Option 1) and examined potential impacts under 
increased trip limits (Option 2) with additional catch data from the 
2018 and 2019 fishing years. Based on updated model projections 
attainment of bocaccio, under the current status quo trip limits in the 
LEFG and OA fisheries, is projected to be 19.1 mt, or 1.5 percent of 
the non-trawl allocation (1,197.8 mt) and less than one percent of the 
bocaccio ACL (2,011 mt) for south of 40[deg]10' N lat. Increasing the 
trip limits for the LEFG and OA fisheries south of 40[deg]10' N lat. 
for the remainder of the fishing year is projected to increase 
attainment of bocaccio for the LEFG and OA fisheries by 39.7 mt over 
Option 1, and the overall attainment of bocaccio is projected to 
increase from 162.1 mt, or 13.5 percent, to 201.8 mt, or 16.8 percent, 
of the non-trawl HG and 10 percent of the ACL south of 40[deg]10' N 
lat. (Table 2).

      Table 2--Projected Mortality for Status Quo and Option 2 Trip Limits for the LEFG and OA Sectors Targeting Bocaccio South of 40[deg]10' N lat
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                                                                                                       Non-trawl    Percentage of
                                                                                          Projected    projected      non-trawl      Non-trawl     ACL
                Option                          Sector              Geographic area       attainment   attainment     allocation     allocation    (mt)
                                                                                             (mt)         (mt)         attained         (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 1: Status Quo Trip Limits......  LE...................  40[deg]10' to 34[deg]27'         11.0        162.1             13.5      1,197.8    2,011
                                                                N lat.
                                        LE...................  South of 34[deg]27' N             2.7
                                                                lat.
                                        OA...................  South of 34[deg]27' N             5.4
                                                                lat.
                                       --------------------------------------------------------------
                                                             Total                              19.1
-----------------------------------------------------------------------------------------------------------------------------------
Option 2: Increased Trip Limits.......  LE...................  40[deg]10' to 34[deg]27'         23.6        201.8             16.8
                                                                N lat.
                                        LE...................  South of 34[deg]27' N             7.9
                                                                lat.
                                        OA...................  South of 34[deg]27' N            27.3
                                                                lat.
                                       --------------------------------------------------------------
                                                             Total                              58.8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Trip limit increases for bocaccio are intended to allow for 
increased attainment of the non-trawl allocation (1,197.8 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 south of 
40[deg]10' N lat., and by modifying Table 3 (South) to part 660, 
Subpart F, an increase to the bocaccio trip limits for the OA fishery 
south of 40[deg]10' N lat.

Classification

    NMFS issues tis action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 660.60(c), which was 
issued pursuant to section 304(b), 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 bocaccio management measures in this 
document ease restrictive trip limits on commercial fisheries in 
California to allow fisheries to harvest more fish while still staying 
within harvest limits. 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 June 2020 meeting, the Council recommended the increases to 
the commercial trip limits for the LEFG and OA sectors be implemented 
as soon as possible so that harvesters may be able to take advantage of 
these higher limits and reduce unnecessary discarding of bocaccio. Each 
of the adjustments to commercial management measures in this rule will 
create more harvest opportunity and allow fishermen to catch species 
that are currently under attained without causing any impacts to the 
fishery that were not anticipated during development of the 2019-20 
biennial harvest specifications. Each of these recommended adjustments 
also rely on new catch data that were not available and thus not 
considered

[[Page 43738]]

during the 2019-2020 biennial harvest specifications process. New catch 
information through the end of the 2019 fishing year used to inform 
model projections estimates that attainment of bocaccio will again be 
very low in 2020 and, even with these increases to trip limits, sectors 
are unlikely to come close to attaining their shares of the bocaccio 
ACL. These adjustments to management measures could provide up to an 
additional $189,000 in ex-vessel revenue to harvesters and would reduce 
the unnecessary discarding of bocaccio. Additional economic benefits 
would also be seen for processors and the fishing support businesses; 
however, these are more difficult to quantify. 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. If the notice and comment rulemaking process took 90 days to 
complete, the increase would not be in place until October when the 
majority of the fishing year is over. 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.
    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 June 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; December 12, 2018).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: July 15, 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. Table 2 (South) to part 660, subpart E is revised to read as 
follows:
BILLING CODE 3510-22-P

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3. Table 3 (South) to part 660, subpart F is revised to read as 
follows:
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[FR Doc. 2020-15629 Filed 7-17-20; 8:45 am]
BILLING CODE 3510-22-C