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