[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27530-27532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09902]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 201204-0325]
RIN 0648-BL44


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.

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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

SUMMARY: This final rule announces routine inseason adjustments to the 
harvest limits for incidental Pacific halibut retention in the 
sablefish primary fishery. This action decreases the incidental Pacific 
halibut catch limit to ensure equitable harvest opportunities without 
exceeding the harvest limit.

DATES: This final rule is effective May 9, 2022.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: (206) 526-4655) 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), 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 2021-2022 
biennium for most species managed under the PCGFMP on December 11, 
2020, (85 FR 79880). NMFS also published a correction (85 FR 86853, 
December 31, 2020), and a correcting amendment (86 FR 14379, March 16, 
2021) to implement the Council's recommendations for the 2021-2022 
harvest specifications and management measures.
    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 March 8-14, 2022 meeting, the Council recommended decreasing 
the amount of Pacific halibut that vessels in the sablefish primary 
fishery north of Point Chehalis, WA, may retain incidentally to ensure 
that catch of Pacific halibut stays within its annual allocation. 
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 mitigate catch so as not to exceed the 
harvest specifications. The harvest specifications and mitigation 
measures developed for the 2021-2022 biennium used data through the 
2019 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, adjustments to 
management measures are projected so as to help harvesters achieve but 
not exceed the harvest limits.
    Pacific halibut is generally a prohibited species for vessels 
fishing in Pacific Coast groundfish fisheries, unless explicitly 
allowed in groundfish regulations. 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 (16 U.S.C. 773-773k) (Halibut Act), to allocate the Area 2A 
annual catch limit for Pacific halibut among fisheries off Washington, 
Oregon, and California. The IPHC annually sets allocations for the 
various IPHC regulatory areas, including Area 2A and NMFS implements 
these allocations for fishing in U.S. waters pursuant to the Halibut 
Act. NMFS also annual implements management measures and approves 
changes to the Catch Sharing Plan for Area 2A.
    Under the Catch Sharing Plan, the sablefish primary fishery north 
of Point Chehalis, WA (46[deg]53.30' N. lat.) is allocated a portion of 
the Washington recreational allocation, which varies via a catch limit-
dependent formula, as described in the Catch Sharing Plan and in 
regulations at 50 CFR 300.63(b)(3).
    The sablefish primary fishery season is open from April 1 to 
October 31, though the fishery may close for

[[Page 27531]]

individual participants prior to October 31 once they reach the 
cumulative limit associated with their tier assignment(s) for the 
primary fishery. Regulations at Sec.  660.231(b)(3)(iv) allow vessels 
fishing in the sablefish primary fishery with a permit from the IPHC to 
retain Pacific 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. 
The objectives for the annual landing restrictions are to allow for 
incidental Pacific halibut catch and attain the Pacific halibut 
allocation, at about the same time the sablefish primary season ends 
(October 31), and to ensure an equitable sharing of the Pacific halibut 
landings among fishers.
    On March 7, 2022, NMFS implemented a 2022 Area 2A catch limit of 
1,490,000 pounds (lb) (675.9 metric tons (mt)) (87 FR 12604). As 
specified by the Catch Sharing Plan, since the 2022 Area 2A catch limit 
is less than 1.5 million pounds (680.4 mt), the incidental halibut 
limit for the sablefish primary fishery's allocation is 50,000 lb (22.7 
mt) (87 FR 12604, March 7, 2022). In 2021, due to economic uncertainty, 
harvest during the regular sablefish primary fishery season was lower 
than predicted. As a result, at the September 2021 Council meeting, the 
Council recommended, and NMFS implemented, an emergency rule to extend 
the sablefish primary season, normally scheduled to end on October 31, 
until December 31, 2021 (86 FR 59873, October 29, 2021). Also, as part 
of that emergency rule, the incidental Pacific halibut retention 
allowance continued until the close of the Pacific halibut season on 
December 7, 2021. The 2021 season concluded with 98.7 percent of the 
70,000 lb (31.8 mt) allowance for Pacific halibut landed. The effects 
of economic uncertainty resulting from the COVID-19 pandemic on 
sablefish primary fishery harvest are expected to be lessened in 2022, 
compared to 2021. If fishing patterns return to more typical seasonal 
efforts in 2022, the incidental Pacific halibut retention limit in 
place in 2021 may be too high, and harvest of Pacific halibut may 
accrue too quickly to allow retention throughout the entire sablefish 
primary season, which is ends on October 31, 2022. In addition, the 
incidental limit for Pacific halibut is 20,000 lb less than in 2021, at 
50,000 lb. The most recent year with a 50,000 lb limit was 2018, and in 
that year 87 percent of the allocation was harvested. From 2019-2021, 
the 70,000 lb limit was between 90 and 113 percent attained each year. 
Therefore, at the March 2022 virtual meeting, the Council recommended a 
reduction in Pacific halibut retention allowance early in the 2022 
sablefish primary fishery season to discourage targeted fishing while 
allowing small incidental catches through the end of the season on 
October 31.
    The Council recommended, and NMFS is revising the incidental 
Pacific halibut retention regulations at Sec.  660.231(b)(3)(iv) to 
decrease the incidental Pacific halibut catch limit to enable some 
incidental catch without exceeding the harvest limit. The limit will be 
reduced from 225 lb (102 kg) dressed weight of halibut for every 1,000 
lb (454 kg) dressed weight of sablefish landed, and up to two halibut 
in excess of the ratio, to 150 lb (68 kg) dressed weight of halibut for 
every 1,000 lb (454 kg) dressed weight of sablefish landed, and up to 
two halibut in excess of the ratio. This decrease is expected to allow 
opportunity for total catch of Pacific halibut to attain, but not 
exceed, the 2022 allocation for the sablefish primary fishery north of 
Point Chehalis, WA (50,000 lb or 22.7 mt).

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 Keeley Kent 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 
affect commercial fisheries off the coast of Washington. 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 was published on December 11, 2020 (85 
FR 79880). Accordingly, for the reasons stated below, NMFS finds good 
cause to waive prior notice and comment.
    At its March 2022 meeting, the Council recommended the decrease to 
the incidental Pacific halibut retention limit for vessels fishing in 
the sablefish primary fishery north of Point Chehalis. The sablefish 
primary fishery opened on April 1. The Council recommends this 
precautionary reduction be implemented as soon as possible, early in 
the season, in an effort to prolong the amount of time Pacific halibut 
may be retained in the sablefish primary fishery north of Point 
Chehalis.
    Delaying implementation to allow for public comment would make it 
more likely for the sablefish primary fishery north of Point Chehalis 
to exceed its 2022 allocation of Pacific halibut before the end of the 
sablefish primary fishery season. Therefore, providing a comment period 
for this action could limit the equitable benefits to the fishery, and 
the vessels that participate in the fishery, as they rely on the 
Pacific halibut retention allowance throughout the entire season and 
could result in a greater risk of exceeding the Pacific halibut harvest 
allocation.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553, or any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory 
Flexibility Analysis is required for this rule and none has been 
prepared.
    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 2022 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, December 11, 2020).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.


[[Page 27532]]


    Dated: May 4, 2022.
Jennifer M. Wallace,
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 150 lbs (68 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 150-
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.
* * * * *
[FR Doc. 2022-09902 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-22-P