Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 26277-26279 [2013-10698]

Download as PDF Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations determined in a future order addressing inputs. Business Paperwork Relief Act of 2002, Public Law 107–198. 2. Material and Labor Cost Adjustments Based on Location B. Final Regulatory Flexibility Act Certification 59. We adopt an approach that utilizes uniform input values for various capital costs, with adjustments for regional variations in labor and material costs. We conclude that this approach to development of a forward-looking model is consistent with past precedent. In the HCPM Inputs Order, 64 FR 67372, December 1, 1999, the Commission determined nationwide default values are generally more appropriate than company-specific input values for a forward-looking model. It noted that the universal service support mechanism is ‘‘based on the estimated costs that an efficient carrier would incur to provide the supported services, rather than on the specific carrier’s book costs.’’ It concluded that ‘‘it would be administratively unworkable to use company-specific values in the federal nationwide model.’’ At the same time, however, the Commission recognized the desirability of having data that accurately and objectively reflect ‘‘variations in forward-looking costs based on objective criteria,’’ and it stated that it was open to additional modifications of inputs in the future. Thus, although the Commission did not adjust costs for regional variation in adopting HCPM, it expressly recognized that a forward-looking model could appropriately recognize variations in cost. 60. Our forward-looking model will use regional cost adjustment factors to capture variation in labor and materials costs by three-digit ZIP codes. Those regional adjustments are based on data obtained from a national survey of the costs of construction in various areas of the United States by R.S. Means. The ABC Coalition supports this approach of using nationwide average values with regional adjustments, noting that the R.S. Means data is widely recognized and used in numerous contexts. No party objected to the use of this methodology for areas in the contiguous United States. 62. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ‘‘the rule will not have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 63. In this Report and Order, we adopt a model platform for the Connect America Phase II cost model that will calculate a levelized cost that represents an estimate of the average monthly forward-looking cost of an efficient provider. A model platform is the basic framework for the model consisting of key assumptions about the design of the network and network engineering. We also address certain framework issues relating to inputs for the model. These decisions are not anticipated to have a significant economic impact on small entities, insofar as the model produces high-cost support amounts for price cap carriers and their affiliates that accept the right of first refusal pursuant to Connect America Phase II. This is primarily because most (and perhaps all) of the affected carriers are not small entities. Moreover, the decisions made about the model platform in this Report and Order are not anticipated to systematically increase or decrease support for any particular group of entities as compared to possible alternatives discussed in the record. Therefore, we certify that the decisions made in this Report and Order will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the Report and Order, including a copy of this final certification, in a report to Congress pursuant to the SBREFA. In addition, the Report and Order and this certification will be sent to the Chief Counsel for Advocacy of the SBA, and will be published in the Federal Register. III. Procedural Matters pmangrum on DSK3VPTVN1PROD with RULES A. Paperwork Reduction Act 61. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small VerDate Mar<15>2010 15:01 May 03, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 26277 C. Congressional Review Act 64. The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. IV. Ordering Clauses 65. Accordingly, it is ordered, pursuant to the authority contained in sections 1, 2, 4(i), 5, 214, 254, 303(r), and 403 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, 47 U.S.C. 151, 152, 154(i), 155, 214, 254, 303(r), 403, and 1302, sections 0.91, 0.201(d), 1.1, and 1.427 of the Commission’s rules, 47 CFR 0.91, 0.201(d), 1.1, 1.427, and the delegations of authority in paragraphs 157, 184, 186, 187, and 192 of the USF/ICC Transformation Order, FCC 11–161, that this Report and Order is adopted, effective thirty (30) days after publication of the text or summary thereof in the Federal Register. Federal Communications Commission. Carol E. Mattey, Deputy Chief, Wireline Competition Bureau. [FR Doc. 2013–10565 Filed 5–3–13; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 120814338–2711–02] RIN 0648–BD14 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. AGENCY: This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. SUMMARY: E:\FR\FM\06MYR1.SGM 06MYR1 26278 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations Effective 0001 hours (local time) May 6, 2013. FOR FURTHER INFORMATION CONTACT: Colby Brady (Northwest Region, NMFS), phone: 206–526–6117, fax: 206–526– 6736, colby.brady@noaa.gov. SUPPLEMENTARY INFORMATION: DATES: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register’s Web site at http:// www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the Pacific Fishery Management Council’s Web site at http://www.pcouncil.org/. pmangrum on DSK3VPTVN1PROD with RULES 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. The final rule to implement the 2013–14 harvest specifications and management measures for most species of the Pacific Coast Groundfish Fishery was published on January 3, 2013 (78 FR 580). The Council, in consultation with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommended changes to current groundfish management measures at its April 5–11, 2013 meeting. The Council recommended adjusting groundfish management measures, as described below, in order to respond to updated fishery information and additional inseason management needs. The adjustments to fishery management measures are not expected to result in greater impacts to overfished species than originally projected through the end of 2013. Estimated mortality of overfished and target species is 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. Washington State Recreational Management Measures The Council recommended and NMFS is implementing the recreational measures contained in the Washington Department of Fish and Wildlife (WDFW) report for Marine Area 4 relative to cabezon and lingcod length limits and cabezon bag limits. VerDate Mar<15>2010 15:01 May 03, 2013 Jkt 229001 Specifically, in the area between the U.S./Canada border and 48°10′ N. lat. (Cape Alava; Washington Marine Area 4) in order to: (1) Establish a minimum size of 18 inches for cabezon and reduce the daily bag limit from 2 per angler per day to 1 per angler per day; and, (2) reduce the minimum size for lingcod from 24 inches to 22 inches. These actions are necessary in order to reduce impacts to nearshore species with little available data, and to reduce potential impacts to overfished species such as yelloweye rockfish, including young of the year recruits. Additionally, Federal regulations that conform to state regulations provide consistency for stakeholders and strengthen the ability to enforce regulations pertaining to recreational groundfish fishing. Limited Entry Fixed Gear Fishery Management Measures 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 2013 sablefish primary season (i.e. tier limit fishery) of 21,410 lb (9,711 kg). The retention limits for halibut were not revised as part of the 2013– 2014 harvest specifications and management measures because the TAC of halibut for 2013 was not determined until the IPHC meeting in January, 2013. IPHC recommended coast-wide catch limits for 2013 totaling 31,028,000 lb (14,074,064 kg), which is a coast-wide decrease of 7.5 percent from the 2012 catch limit of 33,540,000 lb. (15,213,488 kg). However, the area 2A allocation increased 8 percent from 910,000 lb. (412,769 kg) in 2011 to 989,000 lb. (448,603 kg) for 2012, and increased 1 percent from 2012 to 990,000 lb. (9,711 kg) for 2013. 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, and taking into account the fact that the limited entry fixed gear sablefish fishery did not achieve its 2012 incidental halibut allocation in 2012, the Council considered options to revise the catch ratio established in the groundfish regulations at 50 CFR 660.231, starting PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 at the March 2013 meeting. These options were developed to allow the fishery to achieve but not exceed the 2013 halibut allocation in order to keep halibut incidental halibut catch within the 2013 allocation of 21,410 lb (9,711 kg). The options the Council approved for public review were: (1) The status quo option of 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-1,000pound ratio per landing; (2) 75 lb (34 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 75-pounds-per1,000-pound ratio per landing; and, (3) 100 lb (45 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 100pounds-per-1,000-pound ratio per landing. The Council adopted their final recommendation for incidental retention limits for Pacific halibut in the sablefish primary fishery at its April meeting. The Council recommended and NMFS is implementing incidental halibut retention regulations at 50 CFR 660.231(b)(3)(iv) to read as follows: ‘‘75 lb (34 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 75pounds-per-1,000-pound ratio per landing.’’ NMFS is including provisions which specify that the landing requirement applies also to possession, and the term ‘‘dressed’’ is described to mean halibut landed eviscerated with their heads on. Classification This final rule makes routine inseason adjustments to groundfish fishery management measures based on the best available information and is consistent with the Pacific Coast Groundfish FMP and its implementing regulations. This action is taken under the authority of 50 CFR 660.60(c) and the North Pacific Halibut Act (16 U.S.C. 773c), and is exempt from review under Executive Order 12866. These inseason changes to Washington State recreational management measures, Limited Entry Fixed Gear Fishery Management Measures and halibut provisions 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, during business hours. E:\FR\FM\06MYR1.SGM 06MYR1 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES 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 by May 1, 2013, or as soon as possible thereafter upon publication in the Federal Register. At the April Council meeting, the Council recommended that these changes, which are based on the most recent information available, be implemented by May 1, or as soon as possible thereafter. 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 law. The adjustments to management measures in this document affect recreational fisheries in Washington, as well as commercial fisheries in California, Oregon, and Washington. These adjustments to management measures must be implemented in a timely manner, as soon as possible, to allow the recreational fishery in Washington State to harvest available healthy stocks while staying within the ACLs for target and overfished species, and to allow commercial limited entry fixed gear fishermen north of Pt. Chehalis continued opportunities to harvest incidental halibut catch in the Nontreaty sablefish fishery. If this rule is not implemented immediately, the public could have incorrect information regarding allowed recreational fishery management measures in Washington State and allowed commercial limited entry fixed gear fishery incidental halibut trip limits while targeting sablefish north of Pt. Chehalis, which would cause confusion and be inconsistent with the Council’s intent. It would be contrary to the public interest VerDate Mar<15>2010 15:01 May 03, 2013 Jkt 229001 to delay implementation of these changes until after public notice and comment, because making this regulatory change as soon as possible allows harvest as intended by the Council in fisheries that are important to coastal communities in a manner that allows target species to be attained, while preventing ACLs of overfished and target species from being exceeded. 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 goals and objectives of preventing overfishing and rebuilding overfished stocks by managing for appropriate harvest levels, and adopting harvest specifications and management measures consistent with resource stewardship responsibilities for each groundfish species or species group. Accordingly, for the reasons stated above, NMFS finds good cause to waive prior notice and comment and to waive the delay in effectiveness. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian Fisheries. Dated: May 1, 2013. Kara Meckley, Acting Deputy 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 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. 2. In § 660.231, paragraph (b)(3)(iv) is revised to read as follows: ■ § 660.231 Limited entry fixed gear sablefish primary fishery. * * * * * (b) * * * (3) * * * (iv) Incidental halibut retention north of Pt. Chehalis, WA (46° 53.30′ N. lat.). PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 26279 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°53.30′ N. lat.) may possess and land up to the following cumulative limits: 75 lb (34 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 75pounds-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. * * * * * ■ 3. In § 660.360, paragraphs (c)(1)(iii) and (c)(1)(iv)(A) are revised to read as follows: § 660.360 Recreational fishery— management measures. * * * * * (c) * * * (1) * * * (iii) Cabezon. In areas of the EEZ seaward of Washington that are open to recreational groundfish fishing, the size limits and bag limits are as follows: (A) Between the U.S./Canada border and 48°10′ N. lat. (Cape Alava) (Washington Marine Area 4), There is a 1 cabezon per day bag limit and cabezon may be no smaller than 18 inches (45.7 cm) total length. (B) Between 48°10′ N. lat. (Cape Alava) and 46°16′ N. lat. (Washington/ Oregon border) (Washington Marine Areas 1–3), there is a 2 cabezon per day bag limit. (iv) * * * (A) Between the U.S./Canada border and 48°10′ N. lat. (Cape Alava) (Washington Marine Area 4), recreational fishing for lingcod is open, for 2013, from April 16 through October 12, and for 2014, from April 16 through October 15. Lingcod may be no smaller than 22 inches (61 cm) total length. * * * * * [FR Doc. 2013–10698 Filed 5–3–13; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\06MYR1.SGM 06MYR1

Agencies

[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26277-26279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10698]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120814338-2711-02]
RIN 0648-BD14


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.

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

SUMMARY: This final rule announces inseason changes to management 
measures in the Pacific Coast groundfish fisheries. This action, which 
is authorized by the Pacific Coast Groundfish Fishery Management Plan 
(PCGFMP), is intended to allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks.

[[Page 26278]]


DATES: Effective 0001 hours (local time) May 6, 2013.

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 http://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://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. The final rule to implement the 2013-14 harvest specifications 
and management measures for most species of the Pacific Coast 
Groundfish Fishery was published on January 3, 2013 (78 FR 580). The 
Council, in consultation with Pacific Coast Treaty Indian Tribes and 
the States of Washington, Oregon, and California, recommended changes 
to current groundfish management measures at its April 5-11, 2013 
meeting. The Council recommended adjusting groundfish management 
measures, as described below, in order to respond to updated fishery 
information and additional inseason management needs. The adjustments 
to fishery management measures are not expected to result in greater 
impacts to overfished species than originally projected through the end 
of 2013. Estimated mortality of overfished and target species is 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.

Washington State Recreational Management Measures

    The Council recommended and NMFS is implementing the recreational 
measures contained in the Washington Department of Fish and Wildlife 
(WDFW) report for Marine Area 4 relative to cabezon and lingcod length 
limits and cabezon bag limits. Specifically, in the area between the 
U.S./Canada border and 48[deg]10' N. lat. (Cape Alava; Washington 
Marine Area 4) in order to: (1) Establish a minimum size of 18 inches 
for cabezon and reduce the daily bag limit from 2 per angler per day to 
1 per angler per day; and, (2) reduce the minimum size for lingcod from 
24 inches to 22 inches. These actions are necessary in order to reduce 
impacts to nearshore species with little available data, and to reduce 
potential impacts to overfished species such as yelloweye rockfish, 
including young of the year recruits. Additionally, Federal regulations 
that conform to state regulations provide consistency for stakeholders 
and strengthen the ability to enforce regulations pertaining to 
recreational groundfish fishing.

Limited Entry Fixed Gear Fishery Management Measures

    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 2013 sablefish primary 
season (i.e. tier limit fishery) of 21,410 lb (9,711 kg). The retention 
limits for halibut were not revised as part of the 2013-2014 harvest 
specifications and management measures because the TAC of halibut for 
2013 was not determined until the IPHC meeting in January, 2013. IPHC 
recommended coast-wide catch limits for 2013 totaling 31,028,000 lb 
(14,074,064 kg), which is a coast-wide decrease of 7.5 percent from the 
2012 catch limit of 33,540,000 lb. (15,213,488 kg). However, the area 
2A allocation increased 8 percent from 910,000 lb. (412,769 kg) in 2011 
to 989,000 lb. (448,603 kg) for 2012, and increased 1 percent from 2012 
to 990,000 lb. (9,711 kg) for 2013. 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, and taking into account the fact that the limited 
entry fixed gear sablefish fishery did not achieve its 2012 incidental 
halibut allocation in 2012, the Council considered options to revise 
the catch ratio established in the groundfish regulations at 50 CFR 
660.231, starting at the March 2013 meeting. These options were 
developed to allow the fishery to achieve but not exceed the 2013 
halibut allocation in order to keep halibut incidental halibut catch 
within the 2013 allocation of 21,410 lb (9,711 kg). The options the 
Council approved for public review were: (1) The status quo option of 
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; (2) 75 lb 
(34 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 75-pounds-per-1,000-pound ratio per landing; and, (3) 100 
lb (45 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 100-pounds-per-1,000-pound ratio per landing.
    The Council adopted their final recommendation for incidental 
retention limits for Pacific halibut in the sablefish primary fishery 
at its April meeting. The Council recommended and NMFS is implementing 
incidental halibut retention regulations at 50 CFR 660.231(b)(3)(iv) to 
read as follows: ``75 lb (34 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 75-pounds-per-1,000-pound ratio per 
landing.''
    NMFS is including provisions which specify that the landing 
requirement applies also to possession, and the term ``dressed'' is 
described to mean halibut landed eviscerated with their heads on.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures based on the best available information and 
is consistent with the Pacific Coast Groundfish FMP and its 
implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and 
the North Pacific Halibut Act (16 U.S.C. 773c), and is exempt from 
review under Executive Order 12866.
    These inseason changes to Washington State recreational management 
measures, Limited Entry Fixed Gear Fishery Management Measures and 
halibut provisions 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, during business hours.

[[Page 26279]]

    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 by May 1, 2013, or as soon as possible thereafter 
upon publication in the Federal Register.
    At the April Council meeting, the Council recommended that these 
changes, which are based on the most recent information available, be 
implemented by May 1, or as soon as possible thereafter. 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 law. The adjustments 
to management measures in this document affect recreational fisheries 
in Washington, as well as commercial fisheries in California, Oregon, 
and Washington. These adjustments to management measures must be 
implemented in a timely manner, as soon as possible, to allow the 
recreational fishery in Washington State to harvest available healthy 
stocks while staying within the ACLs for target and overfished species, 
and to allow commercial limited entry fixed gear fishermen north of Pt. 
Chehalis continued opportunities to harvest incidental halibut catch in 
the Non-treaty sablefish fishery. If this rule is not implemented 
immediately, the public could have incorrect information regarding 
allowed recreational fishery management measures in Washington State 
and allowed commercial limited entry fixed gear fishery incidental 
halibut trip limits while targeting sablefish north of Pt. Chehalis, 
which would cause confusion and be inconsistent with the Council's 
intent. 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 as soon as possible allows 
harvest as intended by the Council in fisheries that are important to 
coastal communities in a manner that allows target species to be 
attained, while preventing ACLs of overfished and target species from 
being exceeded.
    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 goals and 
objectives of preventing overfishing and rebuilding overfished stocks 
by managing for appropriate harvest levels, and adopting harvest 
specifications and management measures consistent with resource 
stewardship responsibilities for each groundfish species or species 
group.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: May 1, 2013.
Kara Meckley,
Acting Deputy 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 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: 75 lb (34 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 75-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. In Sec.  660.360, paragraphs (c)(1)(iii) and (c)(1)(iv)(A) are 
revised to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Cabezon. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, the size limits and bag limits 
are as follows:
    (A) Between the U.S./Canada border and 48[deg]10' N. lat. (Cape 
Alava) (Washington Marine Area 4), There is a 1 cabezon per day bag 
limit and cabezon may be no smaller than 18 inches (45.7 cm) total 
length.
    (B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat. 
(Washington/Oregon border) (Washington Marine Areas 1-3), there is a 2 
cabezon per day bag limit.
    (iv) * * *
    (A) Between the U.S./Canada border and 48[deg]10' N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2013, from April 16 through October 12, and for 2014, from 
April 16 through October 15. Lingcod may be no smaller than 22 inches 
(61 cm) total length.
* * * * *
[FR Doc. 2013-10698 Filed 5-3-13; 8:45 am]
BILLING CODE 3510-22-P