[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Rules and Regulations]
[Pages 66270-66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23078]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180625576-8999-02]
RIN 0648-BK14


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.

-----------------------------------------------------------------------

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 rebuilding and depleted stocks.

DATES: This final rule is effective October 19, 2020.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147 
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 management 
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 September 11, and 14-18, 2020 webinar, the Council recommended 
increasing the limited entry fixed gear (LEFG) and open access (OA) 
trip limits for sablefish north of 36[deg] North latitude (N lat.) and 
increasing the incidental landing limit for Pacific halibut in the LEFG 
primary sablefish fishery. 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.
    Since spring 2020, declines in Asian markets and restrictions for 
domestic restaurants, among other factors, have led to a decline in 
markets and therefore an overall decline in fishing effort. The 
combination of these factors has resulted in estimated year-end catches 
that are lower than was anticipated under normal market conditions. The 
following changes were requested by industry to increase access to 
available harvestable quotas for sablefish and incidentally caught 
Pacific halibut.

Increases to Limited Entry Fixed Gear and Open Access Trip Limits for 
Sablefish

    Sablefish is an important commercial species on the west coast with 
vessels targeting sablefish using 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 2020, the portion 
of the ACL for sablefish north of 36[deg] N lat. is 5,723 mt with a 
commercial HG of 5,113 mt. The commercial HG north of 36[deg] N lat. is 
further divided between the limited entry and OA sectors with 90.6 
percent, or 4,632 mt, going to the limited entry

[[Page 66271]]

sector and 9.4 percent, or 481 mt, going to the OA sector. The limited 
entry share of the commercial HG is further divided between trawl (58 
percent, or 2,687 mt), and fixed gear (42 percent, or 1,946 mt). The 
limited entry fixed gear share is further divided between the primary 
(85 percent, or 1,654 mt), and daily trip limit (15 percent, or 292 mt) 
fisheries.
    Sablefish north of 36[deg] N lat. is anticipated to have catches 
through the end of the year lower than anticipated at the start of the 
2020 fishery, resulting in sablefish harvest of approximately 71 
percent of the sablefish north ACL.
    At the September 2020 Council meeting, members of industry 
requested increases to sablefish trip limits to address the lower than 
anticipated harvest of sablefish in 2020. Under the current trip 
limits, total catch in the LEFG and OA fisheries north of 36[deg] N 
lat. is projected to be less than 172 mt, or 62 percent of the LEFG 
catch share, and less than 237 mt, or 52 percent of the OA catch share. 
Increasing the trip limits as described in Option 2, Table 1, for the 
LEFG and OA fisheries north of 36[deg] N lat. for the remainder of the 
fishing year is projected to increase total mortality. Harvest in the 
LEFG fishery may increase by 69 mt, or 89 percent of the LEFG catch 
share, and in the OA fishery by 32 mt, or 67 percent of the OA catch 
share. The trip limit changes are described in Table 1.
[GRAPHIC] [TIFF OMITTED] TR19OC20.014


[[Page 66272]]


    Trip limit increases for sablefish are intended to allow for 
increased attainment of the limited entry fixed gear and open access 
harvest guidelines (4,631 mt and 481 mt, respectively), by allowing for 
increased harvest opportunities from October through December 2020. 
Increasing the trip limits is expected to increase total mortality by 
approximately 100 mt. Sablefish harvest through the end of the year is 
still expected to be below the ACL, with harvest of approximately 73 
percent of the 5,723 mt ACL for Sablefish north of 36[deg] N lat. 
Therefore, the Council recommended and NMFS is implementing, by 
modifying Tables 2 (North) and 2 (South) to part 660, Subpart E, an 
increase to sablefish trip limits for the LEFG fishery north of 36[deg] 
N lat. to ``2,500 lb (1,134 kg)/week, not to exceed 7,500 lb (3,402 
kg)/2 months'' and, by modifying Tables 3 (North) and 3 (South) to part 
660, Subpart F, an increase to the sablefish trip limits for the OA 
fishery north of 36[deg] N lat. to ``600 lb (272 kg)/day or one landing 
per week up to 2,000 lb (907 kg), not to exceed 4,000 lb (1,814 kg)/2 
months''.

Increases to Limited Entry Fixed Gear Incidental Landing Limits for 
Pacific Halibut

    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 where the Pacific halibut TAC is above 900,000 lb (408 mt), 
the Catch Sharing Plan allows the LEFG sablefish primary fishery an 
incidental retention limit for Pacific halibut north of Point Chehalis, 
WA (46[deg]53.30' N lat.).
    On May 1, 2020, NMFS implemented a 2020 Area 2A TAC of 1,500,000 lb 
(680.4 mt) (85 FR 25317; May 1, 2020). Consistent with the provisions 
of the Catch Sharing Plan, the LEFG sablefish primary fishery north of 
Pt. Chehalis, WA has an incidental total catch limit of 70,000 lb (31.8 
mt) for 2020. Current regulations at Sec.  660.231(b)(3)(iv) provide 
for Pacific halibut retention by vessels fishing in the LEFG sablefish 
primary fishery from April 1 through October 31 with a landing limit of 
200 lb (91 kg) dressed weight of Pacific halibut, for every 1,000 lb 
(454 kg) dressed weight of sablefish landed, and up to an additional 
two Pacific halibut in excess of this limit.
    At the September 2020 Council meeting, members of industry 
requested increases to the landing limit for incidentally caught 
Pacific halibut in the sablefish primary fishery north of Point 
Chehalis, WA (46[deg]53.30' N lat.). As noted above, overall fishing 
effort for sablefish has been lower than expected this year, and so has 
the incidental harvest of Pacific halibut in this fishery. Under the 
current incidental landing limit, total catch of Pacific halibut in 
this fishery through the end of the season is projected to be less than 
65,000 lbs, or 93 percent of the allocation (70,000 lbs or 31,751 kg). 
Increasing the incidental landing limit as described in Option 2, Table 
2, for the remainder of the fishing season, scheduled to close at noon 
on October 31, is projected to increase total mortality to over 69,000 
lbs, or 99 percent of the allocation.
[GRAPHIC] [TIFF OMITTED] TR19OC20.015


[[Page 66273]]


    Incidental landing limit increases for Pacific halibut are intended 
to allow for more Pacific halibut to be retained and landed for vessels 
targeting sablefish in the primary sablefish fishery north of Point 
Chehalis, WA. Under the Council's recommendation, increasing the trip 
limits is expected to increase landings by up to 4,500 lbs (2,041 kg). 
This is expected to allow increased attainment of the Pacific halibut 
allocation which would otherwise be discarded. Therefore, in order to 
allow increased incidental Pacific halibut catch in the sablefish 
primary fishery, the Council recommended and NMFS is revising 
incidental Pacific halibut retention regulations at Sec.  
660.231(b)(3)(iv) to increase the catch limit to ``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.''

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 Gretchen Hanshew in NMFS West Coast 
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the 
NMFS West Coast Groundfish website: https://www.fisheries.noaa.gov/species/west-coast-groundfish.
    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 on commercial fisheries in Washington, Oregon, 
and 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 September 2020 webinar, 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 before the end of the year. 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 during the 2019-2020 biennial harvest specifications 
process. New catch information through summer 2020 was used to inform 
model projections. Models estimate that attainment of sablefish will be 
low in 2020 and, even with these increases to trip limits, most sectors 
are unlikely to come close to attaining their shares of the sablefish 
ACL. These adjustments to LEFG and OA fishery trip limits could provide 
up to an additional $885,000 in ex-vessel revenue to harvesters off 
Washington, Oregon, and California. Based on recent fishery data, best 
estimates also indicate that the sablefish primary fishery will not 
harvest its entire share of the Area 2A Pacific halibut total allowable 
catch. These adjustments to Pacific halibut management measures could 
provide up to an additional $13,500 in ex-vessel revenue to harvesters 
fishing off the Washington coast.
    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 December when the fishing year is almost over. 
Therefore, providing a comment period for this action could 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 September 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: October 14, 2020.
Jennifer M. Wallace,
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, paragraph (b)(3)(iv) is revised 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 250 lbs (113 kg) dressed weight of Pacific 
halibut for every 1,000 lbs (454 kg) dressed weight of sablefish landed 
and up to two additional Pacific halibut in excess of the 250-lbs-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.
* * * * *


0
3. Table 2 (North) to part 660, subpart E is revised to read as 
follows:
BILLING CODE 3510-22-P

[[Page 66274]]

[GRAPHIC] [TIFF OMITTED] TR19OC20.006



0
4. Table 2 (South) to part 660, subpart E is revised to read as 
follows:

[[Page 66275]]

[GRAPHIC] [TIFF OMITTED] TR19OC20.007


[[Page 66276]]


[GRAPHIC] [TIFF OMITTED] TR19OC20.008



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

[[Page 66277]]

[GRAPHIC] [TIFF OMITTED] TR19OC20.009


[[Page 66278]]


[GRAPHIC] [TIFF OMITTED] TR19OC20.010



0
6. Table 3 (South) to part 660, subpart F is revised to read as 
follows:

[[Page 66279]]

[GRAPHIC] [TIFF OMITTED] TR19OC20.011


[[Page 66280]]


[GRAPHIC] [TIFF OMITTED] TR19OC20.012


[FR Doc. 2020-23078 Filed 10-16-20; 8:45 am]
BILLING CODE 3510-22-C