[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59876-59886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23653]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 201204-0325]
RIN 0648-BK95


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and 
Management Measures; Inseason Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 59877]]


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 26, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Matson, email: 
[email protected].

ADDRESSES: 

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 2 year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2021-2022 
biennium for most species managed under the PCGFMP on December 11, 2020 
(85 FR 79880). 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 meeting on September 9-15, 2021, the Council recommended 
increasing trip limits for the Limited Entry (LE) and Open Access (OA) 
Fixed Gear (FG) sablefish, Daily Trip Limit (DTL) fisheries north of 
36[deg] N latitude. The Council also recommended increasing trip limits 
for the fixed gear lingcod fishery, north of 42[deg] N latitude (LE and 
OA), beginning as soon as possible, for the remainder of the 2021 
fishing year and for subsequent September-December periods in later 
years until superseded.
    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 management measures (e.g., trip limits, area closures, and 
bag limits) that are meant to manage catch so as not to exceed the 
harvest specifications. The harvest specifications and management 
measures developed for the 2021-2022 biennium used data through the 
2020-fishing year. Each of the adjustments to management 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, projected 
impacts of management measures are updated, and the management measures 
themselves may need to be adjusted so as to help harvesters achieve but 
not exceed the harvest limits.
    Sablefish is an important commercial species on the West Coast, 
targeted by vessels using both bottom trawl and fixed gear (longlines 
and pots/traps). The sablefish stock is managed with a coast-wide OFL 
and ABC, but with separate ACLs, north and south of 36[deg] N latitude. 
In 2021, the ACL for sablefish north of 36[deg] N latitude is 6,892 
metric tons (mt) with a fishery HG of 6,165 mt. The fishery HG north of 
36[deg] N latitude is further divided between the LE FG and OA sectors 
with 90.6 percent, or 5,586 mt, going to the LE sector and 9.4 percent, 
or 580 mt, going to the OA sector. The LE share is divided so that 58 
percent goes to trawl and 42 percent goes to FG. The LE FG share is 
further divided between the sablefish primary (tier) fishery (85% or 
1,994 mt) and the daily trip limit (DTL) fisheries (15% or 352 mt), as 
shown in Table 1c. to Title 50, part 660, subpart C of the CFR. The 
sablefish DTL fisheries are individually managed using landing targets 
(Table 1), which have accounted for discard mortality a priori, by 
subtracting 4.5 percent from the DTL catch share. This same method of 
accounting for discard mortality to calculate the landing target is 
also used in managing the OA sablefish DTL fishery, north of 36[deg] N 
latitude (Table 1).
    Lingcod is another important commercial species on the West Coast, 
and like sablefish, caught by vessels with both trawl and fixed gear 
(longlines and pots/traps). The lingcod stock is managed separately 
north and south of 40[deg]10' N latitude, with a northern ACL of 5,369 
mt in 2021, a fishery HG of 5,090.6 mt, and a northern trawl fixed gear 
allocation of 2,290.8, or 45 percent of the HG, and a northern non-
trawl allocation of 2,799.8, or 55 percent. Lingcod north of 40[deg]10' 
N latitude are additionally managed north and south of 42[deg] N 
latitude, typically with different trip limits set north and south of 
that management line.

Request, Analysis, and Council Recommendation

    At the September 2021 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 fixed gear, LE and 
OA DTL fisheries north of 36[deg] N lat., and to increase trip limits 
for lingcod north of 42[deg] N latitude. The intent of increasing the 
sablefish limits is to increase harvest opportunities for vessels 
targeting sablefish, under a mix of daily, weekly, and bimonthly 
landings accumulation limits (commonly referred to collectively as 
``trip limits''); attainment of harvest targets for each DTL fishery, 
and the northern fixed gear HG for sablefish have been trending much 
lower than anticipated throughout 2021. To evaluate potential increases 
to sablefish trip limits, the GMT made model-based projections of 
landings under current regulations, as well as alternative sablefish 
trip limits, including the limits ultimately recommended by the 
Council, through the remainder of the year. Table 1 shows the projected 
sablefish landings, the sablefish harvest targets, 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 2021. Industry did not request changes to sablefish trip 
limits for the LE or OA DTL fisheries south of 36[deg] N latitude. 
Therefore, NMFS and the Council did not consider changes for those 
fisheries at this time.
    As shown in Table 1, under the current trip limits, models predict 
that landings of sablefish will be far below the harvest targets for 
LE, and OA fixed

[[Page 59878]]

gear sablefish DTL fisheries north of 36[deg] N lat. Under the 
Council's recommended trip limits, sablefish attainment is projected to 
increase in the LE DTL fishery north of 36[deg] N latitude, from 
between 54-59 percent attainment, up to between 86 and 95 percent. For 
the OA DTL fishery, north of 36[deg] N latitude, the projected gains 
are more modest (from between 53 and 60 percent attainment, to between 
57 and 66 percent); however, the OA model is more uncertain and less 
well informed than the LE model, the changes (both to LE and OA) should 
allow some beneficial increase in attainment, while being sufficiently 
precautionary.

Gear Restriction Necessary To Implement Council Recommended Trip Limits

    These fixed gear, sablefish and lingcod fisheries include vessels 
fishing with both hook-and-line and pot gears. West Coast groundfish 
sablefish pot gear fisheries are considered Category II fisheries under 
the Marine Mammal Protection Act List of Fisheries, indicating 
occasional interactions with marine mammals, due to occasional 
incidental mortality and serious injury to ESA-listed humpback whales 
(the CA/OR/WA stock of humpback whales).
    Because sablefish pot gear fisheries are Category II fisheries, 
NMFS is required to issue a MMPA 101(a)(5)(E) permit for the taking of 
marine mammals after making a negligible impact determination (NID). 
NMFS issued a permit for the sablefish pot gear fisheries on September 
4, 2013 (amended April 23, 2015 (80 FR 22709)), which expired on 
September 4, 2016 (78 FR 54553). NMFS published a notice of proposed 
issuance of a MMPA 101(a)(5)(E) permit and proposed NID on October 22, 
2021 (86 FR 58641).
    Due to lack of a final 101(a)(5)(E) permit, in this action NMFS is 
only implementing the inseason increases to trip limits for those 
vessels using non-pot/trap, fixed gears (e.g., longline and other hook-
and-line gears), in the LE and OA FG sablefish, DTL fisheries north of 
36[deg] N latitude, as well as the fixed gear lingcod fishery, north of 
42[deg] N latitude (LE and OA). Pot/trap gear cannot be used in the 
affected sectors to land up to the higher September through December 
trip limits for sablefish or lingcod, and vessels using pot/trap gear 
are instead subject to the lower January through August limits.
    Gear restrictions are common routine accountability measures (AMs) 
in groundfish fisheries (50 CFR 660.60). Additionally, analogous 
restrictions for vessels to adhere to the lower of two trip limits, in 
situations of mixed limits for one species during the same period exist 
in crossover provisions in the groundfish fishery, found at 50 CFR 
660.60(h)(7). Crossover provisions normally apply to three activities: 
Fishing on different sides of a management line, fishing in both the 
limited entry and open access fisheries, or fishing in both the 
Shorebased IFQ Program and the limited entry fixed gear fishery. Under 
the most common scenario, crossover provisions hold a vessel that 
fishes in areas with two different trip limits for the same species, to 
the more restrictive of the two limits. The gear specific trip limits 
implemented through this rule will be managed similar to cross-over 
provisions.
    Providing the trip limit increases with the additional gear 
restriction still enables substantial additional opportunity as a 
result of this action for those fishery participants who use longline 
and other non-pot gear, although it may cause some reduction in benefit 
versus without the gear restriction. The percentage contributions of 
pot/trap versus longline gear types to landings over the past five 
years provides some information about an upper bounds of potential 
reduction in benefit due to the gear restriction on access to the 
higher trip limits. Among fixed gear fisheries, in the LE DTL fishery 
north of 36[deg] N lat., pot gear only accounted for 6.8 percent of 
sablefish landings from 2016-2020 (some permits are dual-endorsed, for 
both gear types), while in the OA DTL fishery north of 36[deg] N lat., 
pot gear accounted for 46 percent of sablefish landings. Just 22 
percent of lingcod fixed gear landings (mt) were made using pot gear 
over the same years in the DTL fishery, while 78 percent were made with 
longline gear. In the FG OA fishery, only 0.6 percent of lingcod 
landings were made with pot gear, and 99.4 percent with longline gear. 
Given these gear distributions for landings in the affected sectors, 
the GMT's analysis from the September meeting is still valid for this 
inseason action, even though it was conducted using data that included 
pot gear as well as longline, and trace amounts of other fixed gears. 
Thus for both species, the majority of landings overall will be subject 
to the increased trip limits, and this will provide substantial 
additional opportunity, despite the gear restriction.

[[Page 59879]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.009

    The Council also recommended changes to trip limits for lingcod 
north of 42[deg] N latitude, after request from industry and analysis 
by the GMT, in order to reduce regulatory discard, which results in 
waste and lost revenue. Table 2 shows the current and recommended trip 
limits for lingcod north of 42[deg] N latitude. Table 3 shows the 
projected impacts of those limits to total mortality, and percent 
attainment of the non-trawl allocation, north of 40[deg] 10' N 
latitude. Projected impacts to total fishing mortality are nearly 
identical, and well within the margin for error, but based on the 
analysis by the GMT, the higher landing limits are predicted to convert 
lost fish as discard, into landings and revenue, rather than inspire 
additional effort. By maintaining the same level of effort, and total 
fishing mortality, this increase in trip limits is not predicted to 
increase bycatch of yelloweye rockfish, which is managed under a 
rebuilding plan, and is a constraint to this fixed gear lingcod 
attainment.
[GRAPHIC] [TIFF OMITTED] TR29OC21.010


[[Page 59880]]


[GRAPHIC] [TIFF OMITTED] TR29OC21.011

Summary of Changes

    Trip limit increases for sablefish are intended to increase 
attainment of the LE and OA DTL fisheries, which each contribute to 
attainment of the non-trawl HG for sablefish north of 36[deg] N 
latitude. The trip limit increases do not change projected impacts to 
co-occurring rebuilding species as analyzed in the 2021-2022 harvest 
specifications because the projected impacts to those species assume 
that the entire sablefish ACL is harvested. Recommended increases to 
lingcod north of 42[deg] N latitude are intended to convert regulatory 
discards into landings and associated revenue, and are not predicted to 
increase effort or bycatch of co-occurring rebuilding species. NMFS is 
only implementing the Council-recommended trip limits for vessels 
fishing with fixed gear types other than pot/trap, due to the lack of a 
final MMPA101(a)(5)(E) permit. Therefore, the Council recommended, and 
NMFS is implementing, by modifying Table 2, North and South to part 
660, subpart E, trip limit changes for the LEFG fishery north of 
40[deg]10' N lat., as well as Table 3, North and South to part 660, 
subpart F to increase the limits as shown in tables 4 and 5 in this 
rule.
[GRAPHIC] [TIFF OMITTED] TR29OC21.012

[GRAPHIC] [TIFF OMITTED] TR29OC21.013

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 Dr. Sean Matson in the 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

[[Page 59881]]

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 increase trip limits for fisheries off of 
Washington, Oregon, and California to allow for greater attainment of 
allocations. No aspect of this action is controversial, and changes of 
this nature were anticipated in the final rule for the 2021-2022 
harvest specifications and management measures which published on 
December 11, 2020 (85 FR 79880).
    As stated earlier, the Council recommended sablefish limit changes 
to increase fisher opportunity to attain harvest targets and 
allocations for their respective fisheries, and contribute to 
attainment of the ACL. New information became available at the 
September 2021 meeting showing that harvest was tracking much lower 
than projections made during the harvest specifications process due to 
changing fishery conditions. The updated trip limits being implemented 
in this rule are anticipated to increase landings and fishing community 
revenue, while maintaining harvest within scientifically informed 
conservation limits, concomitant with the goals of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson Stevens Act).
    The Council recommended increased lingcod landing limits to reduce 
regulatory discard; new information became available at the 2021 
September meeting indicating that current levels of landing limits were 
having the unintended consequence of causing fishers to discard 
substantial amounts of catch. Implementing the recommended trip limits 
is projected to ameliorate this, without changing attainment rate of 
the allocation, by enabling those fish to be landed rather than wasted, 
and produce fisher and community revenue.
    Delaying implementation to allow for public comment would 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, 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 
lower trip limits in light of information showing lower than usual 
attainment. These adjustments were requested by the Council's advisory 
bodies, as well as members of industry during the September 2021 
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 2021-2022 (85 FR 79880).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.

    Dated: October 26, 2021.
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. Revise Table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P

[[Page 59882]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.014

0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:

[[Page 59883]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.015

0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:

[[Page 59884]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.016

0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:

[[Page 59885]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.017


[[Page 59886]]


[GRAPHIC] [TIFF OMITTED] TR29OC21.018

[FR Doc. 2021-23653 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-22-C