Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 24634-24639 [2012-9963]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Rules and Regulations]
[Pages 24634-24639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9963]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100804324-1265-02]
RIN 0648-BC11


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
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; request for comments.

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SUMMARY: This final rule announces an inseason change to management 
measures in the Pacific Coast groundfish fisheries. This action, which 
is authorized by the Pacific Coast Groundfish Fishery Management Plan 
(FMP), is intended to allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks. This 
rule also implements changes to the incidental retention allowance for 
halibut in the primary sablefish fishery under the authority of the 
Northern Pacific Halibut Act.

DATES: Effective 0001 hours (local time) May 1, 2012. Comments on this 
final rule must be received no later than May 25, 2012.

ADDRESSES: You may submit comments, identified by FDMS docket number 
NOAA-NMFS-2010-0194 by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
     Fax: 206-526-6736, Attn: Colby Brady
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Colby Brady.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS), 
phone: 206-526-6117, fax: 206-526-6736, colby.brady@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register's Web site at https://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at https://www.pcouncil.org/.

Background

    The Pacific Coast Groundfish FMP 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. 
Groundfish specifications and management measures are developed by the 
Pacific Fishery Management Council (Council), and are implemented by 
NMFS.
    On November 3, 2010, NMFS published a proposed rule to implement 
the 2011-2012 harvest specifications and management measures for most 
species of the Pacific Coast groundfish fishery (75 FR 67810). The 
final rule to implement the 2011-12 harvest specifications and 
management measures for most species of the Pacific Coast Groundfish 
Fishery was published on May 11, 2011 (76 FR 27508). This final rule 
was subsequently amended by several inseason actions (76 FR 39313, 76 
FR 67092, 76 FR 79122, 77 FR 12503, 77 FR 22679). On September 27, 
2011, NMFS published a proposed rule to implement final 2012 
specifications for overfished species and assessed flatfish species 
pursuant to Secretarial Amendment 1 to the Groundfish FMP (76 FR 
59634). That final rule was effective January 1, 2012. These 
specifications and management measures are codified in the CFR (50 CFR 
part 660, subparts C through G).
    Changes to current groundfish management measures implemented by 
this action were recommended by the Council, in consultation with 
Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California, at its April 1-April 6, 2012 meeting. The 
Council recommended adjusting the biennial groundfish management 
measures for the remainder of the biennial period to respond to updated 
fishery information and additional inseason management needs. The 
adjustment to fishery management measures are not expected to result in 
greater impacts to overfished species than originally projected through 
the end of 2012. Estimated mortality of overfished and target species 
are the result of management measures designed to achieve, to the 
extent possible, but not exceed, annual catch limits (ACLs) of target 
species while fostering the rebuilding of overfished stocks by 
remaining within their rebuilding ACLs.

Limited Entry Fixed Gear Fishery Management Measures

Sablefish Daily Trip Limit Fishery

    In 2011, the amount of sablefish harvested in the limited entry 
fixed gear sablefish daily trip limit (DTL) fishery North of 36[deg] N. 
lat. exceeded its sablefish allocation by 60 mt above its collective 
target (the northern DTL fixed gear share). This did not impact the 
northern sablefish ACL, since the rationalized Individual Fishing Quota 
(IFQ) trawl fishery left 148 mt of sablefish un-harvested in the 
northern area. However, it is expected that since the IFQ fishery 
participants have one full year of experience in the IFQ fishery, then 
higher sablefish allocation attainments will be attained, in which case 
another overage by the northern LE fixed gear could possibly exceed the 
northern sablefish ACL. To ensure that harvest opportunities for this 
healthy stock do not exceed the northern LE fixed gear share 
allocation, the Council considered decreases to trip limits for 
sablefish in this fishery and the potential impacts on overall catch 
levels. Landings projections were made by the Council advisory 
Groundfish Management Team (GMT) for the northern LE fixed gear fishery 
under the current 2012 trip limit scenario, which projected an overage 
in the LE North fishery of 16%, or 43 mt. Projections for the other 
three fixed gear sablefish fisheries were tracking within their targets 
for 2012.

[[Page 24635]]

    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the limited entry fixed gear fishery North of 36[deg] 
N. lat. that decrease sablefish DTL fishery limits from ``1,300 lb (590 
kg) per week, not to exceed 5,000 lb (2,268 kg) of per 2 months'' to 
``1,000 lb (454 kg) per week, not to exceed 4,000 lb (1,814 kg) per 2 
months'' beginning in period 3, May 1, 2012 through the end of the 
year. This decrease in trip limits is not anticipated to increase 
projected impacts to overfished species.

Incidental Halibut Retention

    The International Pacific Halibut Commission (IPHC) establishes 
total allowable catch (TAC) amounts for Pacific halibut each year in 
January. Under the authority of the Northern Pacific Halibut Act, and 
implementing regulations at 50 CFR 300.63, a catch sharing plan, 
developed by the Pacific Council and implemented by the Secretary, 
allocates portions of the annual TAC among fisheries off Washington, 
Oregon, and California. The catch sharing plan for Pacific halibut 
fisheries in Area 2A (waters off the U.S. West coast) allows an 
incidental total catch limit for halibut for the 2012 sablefish primary 
season (i.e. tier limit fishery) of 21,173 lb (9,604 kg). This total 
catch limit of 21,173 lb (9,604 kg) in 2012 is higher than what has 
been available to the sablefish primary fishery in recent years (2010-
11), which was not high enough to justify an incidental catch limit of 
halibut in the sablefish primary fishery north of Pt. Chehalis, WA 
(46[deg]53.30' N. lat.). The retention limits for halibut were not 
revised as part of the 2011-2012 harvest specifications and management 
measures because the Total Allowable Catch of halibut for 2012 was not 
determined until the IPHC meeting in January, 2012. Although the 
International Pacific Halibut Commission (IPHC) recommended coast-wide 
catch limits for 2012 totaled 33,540,000 lb (15,213,488 kg), which is a 
coast-wide decrease of 18.3% from the 2011 catch limit of 41,070,000 
lb. (18,629,038 kg), the area 2A allocation increased 8% from 910,000 
lb. (412,769 kg) in 2011 to 989,000 lb. (448,603 kg) for 2012. Due to 
the increase in the Pacific halibut TAC for area 2A, and the resulting 
increase in the amount of Pacific halibut available to the sablefish 
primary fishery as incidental take, the Council considered options to 
revise the catch ratio established in the groundfish regulations at 50 
CFR 660.231 at their first opportunity, the March 2012 meeting. These 
options were developed to reduce incidental impacts to Pacific halibut 
in the sablefish primary fishery, and stay below the lower 2012 Pacific 
halibut allocation. After the opportunity for public review and 
comment, the Council, at their April meeting, made their final 
recommendation for adjusting the incidental retention limits for 
Pacific halibut in the sablefish primary fishery in order to allow 
incidental take and keep mortality of halibut below the 2012 catch 
limit of 21,173 lb (9,604 kg).
    In order to allow incidental halibut catch in the sablefish primary 
fishery, which is currently not allowed, the Council recommended and 
NMFS is implementing incidental halibut retention regulations at 50 CFR 
660.231(b)(3)(iv) to read as follows: ``50 lb (23 kg) dressed weight of 
halibut for every 1,000 pounds (454 kg) dressed weight of sablefish 
landed and up to 2 additional halibut in excess of the 50-pounds-per-
1,000-pound ratio per landing.'' NMFS in including enforcement related 
provisions recommended by the Council in 2009, the last time an 
incidental allowance was allowed. Consequently, the landing requirement 
applies also to possession, and the term ``dressed'' is described to 
mean halibut landed eviscerated with their heads on.

Classification

    These actions are taken under the authority of 50 CFR 660.60(c) and 
50 CFR 300.63(b)(3) and are exempt from review under Executive Order 
12866.
    These increases in sablefish limits are taken under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), and are in accordance with 50 CFR part 660, the 
regulations implementing the FMP. The adjustment to the halibut 
incidental catch limit in the sablefish primary fishery is taken under 
the authority of the Northern Pacific Halibut Act and implementing 
regulations, and is consistent with the approved catch sharing plan. 
These actions are based on the most recent data available. The 
aggregate data upon which these actions are based are available for 
public inspection at the Office of the Administrator, Northwest Region, 
NMFS, (see ADDRESSES) during business hours.
    This final rule makes routine inseason adjustments to groundfish 
fishery management measures based on the best available information and 
is taken pursuant to the regulations implementing the Pacific Coast 
Groundfish FMP.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b) because notice and comment would be 
impracticable and contrary to the public interest. Also, for the same 
reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective May 1, 2012.
    For the following reasons, NMFS finds good cause to waive prior 
public notice and comment on the revisions to groundfish management 
measures under 5 U.S.C. 553(b)(3)(B) because notice and comment would 
be impracticable and contrary to the public interest. Also, for the 
same reasons, NMFS finds good cause to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective May 1, 2012.
    The recently available information upon which the changes to the 
incidental halibut retention in the sablefish primary fishery north of 
Pt. Chehalis, WA (46[deg]53.30' N. lat.), and the subsequent proposed 
management measure changes are based were originally provided to the 
Council, and the Council made its potential recommendations available 
for public comment, at its March 2-7, 2012 meeting. The Council 
considered the public comments on this matter as well as additional 
recently available information upon which the changes to the limited 
entry fixed gear sablefish trip limits North of 36[deg] N. lat. at its 
April 1-6, 2012 meeting. At the April Council meeting, the Council 
recommended that these changes be implemented by May 1, 2012. There was 
not sufficient time after that meeting to draft this document and 
undergo proposed and final rulemaking before these actions need to be 
in effect. For the actions to be implemented in this final rule, 
affording the time necessary for prior notice and opportunity for 
public comment would prevent NMFS from managing fisheries using the 
best available science to approach, without exceeding, the ACLs for 
federally managed species in accordance with the FMP and applicable 
laws. The adjustments to management measures in this document affect 
commercial fisheries off northern California to Washington State. These 
adjustments to management measures must be implemented in a timely 
manner, by May 1, 2012, to: Allow fishermen an opportunity to harvest 
their limits in 2012 for sablefish, and allow incidental catch of 
halibut in the sablefish primary fishery to keep impacts below the 2012 
halibut Area 2A allocation.
    Decreases to the sablefish cumulative limits in the limited entry 
fixed gear

[[Page 24636]]

fishery continue to allow fishermen opportunities to harvest available 
healthy stocks while staying within the ACLs for these species. 
Furthermore, these adjustments to management measures must be 
implemented in a timely manner to allow limited entry primary sablefish 
fishermen North of Pt. Chehalis, WA (46[deg]53.30' N. lat.) to 
prosecute their intended sablefish fishing strategies while accessing a 
portion of incidental halibut bycatch in a manner that is consistent 
with the 2A catch sharing plan. If this rule is not implemented 
immediately, the public could have incorrect information regarding 
allowed limited entry fixed gear sablefish trip limits, and allowed 
fishing activities for groundfish fisheries management, which would 
cause confusion and be inconsistent with the intent of the Council. It 
would be contrary to the public interest to delay implementation of 
these changes until after public notice and comment, because making 
this regulatory change by May 1, 2012, allows harvest as intended by 
the Council in fisheries that are important to coastal communities in a 
manner that prevents ACLs of overfished and target species from being 
exceeded. Furthermore, changes to the sablefish primary fishery 
regulations to allow incidental halibut retention limits for the 
sablefish primary fishery are necessary to reduce halibut impacts in 
area 2A, keeping total mortality of halibut below the 2012 area 2A 
allocation. These changes must be implemented in a timely manner by May 
1, 2012, to allow sablefish fishermen sustainable incidental take in a 
manner that prevents early closure of the incidental halibut fishery. 
It would be contrary to the public interest to wait to implement these 
changes until after public notice and comment, because a delay in 
reducing retention limits could cause incidental halibut to be 
unavailable for harvest for as long as possible throughout the 
sablefish primary season, which runs through October 31.
    No aspect of this action is controversial and no change in 
operating practices in the fishery is required from those intended in 
this inseason adjustment.
    Delaying these changes would also keep management measures in place 
that are not based on the best available information. Such delay would 
impair achievement of the Pacific Coast Groundfish FMP objectives of 
providing for year-round harvest opportunities, extending fishing 
opportunities as long as practicable during the fishing year, or 
staying within ACLs or allocations for Pacific halibut.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
partially waive prior notice and comment and the delay in 
effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: April 20, 2012.
Galen Tromble,
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 
management.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N. lat.). From May 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 the following cumulative limits: 50 lb (23 kg) 
dressed weight of halibut for every 1,000 pounds (454 kg) dressed 
weight of sablefish landed and up to 2 additional halibut in excess of 
the 50-pounds-per-1,000-pound ratio per landing. ``Dressed'' halibut in 
this area means halibut landed eviscerated with their heads on. 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

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

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[FR Doc. 2012-9963 Filed 4-20-12; 4:15 pm]
BILLING CODE 3510-22-C