Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 49190-49200 [2013-19602]
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
(A) The IFQ allocation permit holder
shall have 30 days from the date of the
FAD to comply with the terms of the
FAD.
(B) If the IFQ allocation permit holder
does not comply with the terms of the
FAD within this period, the Regional
Administrator shall:
(1) Refer the matter to the appropriate
authorities within the U.S. Department
of the Treasury for purposes of
collection; and
(2) Cancel any Letter of Authorization
to fish that had been issued during the
appeal.
(vi) If NMFS does not receive full
payment of an IFQ cost recovery fee
prior to the end of the cost recovery
billing period immediately following
the one for which the fee was incurred,
the subject IFQ allocation permit and
any associated IFQ quota share shall be
deemed to have been voluntarily
relinquished pursuant to paragraph
(b)(8) of this section.
(6) Annual cost recovery report.
NMFS will publish annually a report on
the status of the tilefish IFQ cost
recovery program. The report will
provide details of the costs incurred by
NMFS for the management,
enforcement, and data collection and
analysis associated with the tilefish IFQ
program during the prior cost recovery
billing period, and other relevant
information at the discretion of the
Regional Administrator.
(i) Periodic review of the IFQ program.
A formal review of the IFQ program
must be conducted by the MAFMC
within 5 years of the effective date of
the final regulations. Thereafter, it shall
be incorporated into every scheduled
MAFMC review of the FMP (i.e., future
amendments or frameworks), but no less
frequently than every 7 years.
[FR Doc. 2013–19561 Filed 8–12–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120814338–2711–02]
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RIN 0648–BD47
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.
AGENCY:
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Final rule; inseason adjustments
to biennial groundfish management
measures.
ACTION:
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.
DATES: Effective 0001 hours (local time)
August 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (Northwest Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736, gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
On November 14, 2012, NMFS
published a proposed rule to implement
the 2013–2014 harvest specifications
and management measures for most
species of the Pacific Coast groundfish
fishery (77 FR 67974). The final rule to
implement the 2013–2014 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 the changes to
current groundfish management
measures at its June 18–June 25, 2013
meeting. Management measures are
designed to meet two primary goals: To
achieve, to the extent possible, but not
exceed, annual catch limits (ACLs) of
target species; and to foster the
rebuilding of overfished stocks by
keeping harvest within their rebuilding
ACLs. The Council recommended
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adjusting groundfish management
measures to respond to updated fishery
information and additional inseason
management needs. Those changes to
management measures are implemented
in this action. The adjustments to
fishery management measures are not
expected to result in greater impacts to
overfished species, except for bocaccio,
than originally projected through the
end of the year.
Fishery Management Measures for the
Limited Entry Fixed Gear (LEFG) and
Open Access (OA) Sablefish Daily Trip
Limit (DTL) Fisheries North of 36≥ N.
Lat.
To increase harvest opportunities for
the LEFG and OA fixed gear sablefish
DTL fisheries north of 36° N. lat., the
Council considered increases to trip
limits. The Council’s Groundfish
Management Team (GMT) made modelbased landings projections for the LEFG
and OA fixed gear sablefish DTL
fisheries north of 36° N. lat. for the
remainder of the year. These projections
were based on the most recent
information available. The model
predicted harvest of 84 percent (165 mt)
of the LEFG harvest guideline (197 mt)
and 82 percent (239 mt) of the OA
harvest guideline (291 mt) under current
trip limits. With the increase in trip
limits, predicted harvest is 94 percent
(185 mt) of the LEFG harvest guideline
(197 mt) and 94 percent (274 mt) of the
OA harvest guideline (291 mt).
Projections for the fixed gear sablefish
fisheries south of 36° N. lat. were
tracking within their targets and no
inseason actions were considered.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the LEFG and the OA
sablefish DTL fisheries north of 36° N.
lat. The trip limits for sablefish in the
LEFG fishery north of 36° N. lat.
increase from ‘‘950 lb (431 kg) per week,
not to exceed 2,850 lb (1,293 kg) per two
months’’ to ‘‘1,110 lb (499 kg) per week,
not to exceed 3,300 lb (1,497 kg) per two
months’’ beginning in period 4 through
the end of the year.
The trip limits for sablefish in the OA
sablefish DTL fishery north of 36° N. lat.
are increased from ‘‘300 lb (136 kg) per
day, or one landing per week of up to
700 lb (318 kg), not to exceed 1,400 lb
(635 kg) per two months’’ to ‘‘300 lb
(136 kg) per day, or one landing per
week of up to 800 lb (363 kg), not to
exceed 1,600 lb (726 kg) per two
months’’ beginning in period 4 through
the end of the year.
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
beginning in period 4 through the end
of the year.
Limited Entry Fixed Gear (LEFG)
Fishery Trip Limits for Shortspine
Thornyhead North of 34≥27′ N. Lat.
To increase harvest opportunities for
the LEFG fishery north of 34°27′ N. lat.,
the Council considered an increase to
the two-month cumulative limits for
shortspine thornyhead in the LEFG
fishery. The Council’s GMT made
model-based landings projections of the
LEFG fishery north of 34°27′ N. lat. for
the remainder of the year. These
projections were based on the most
recent information available under the
current trip limit scenario. The model
results predicted a harvest projection of
81 percent (60 mt) of the LEFG harvest
guideline (74 mt) under the status quo
trip limits. Landings projections with
the proposed increased trip limits
predict a harvest of 94 percent (70 mt)
of the LEFG harvest guideline (74 mt).
Therefore, the Council recommended
and NMFS is implementing trip limit
increases for shortspine thornyhead in
the LEFG fishery north of 34°27′ N. lat.
The trip limits increased from ‘‘2,000 lb
(907 kg) per two months’’ to ‘‘2,500 lb
(1134 kg) per two months’’ beginning in
period 4 through the end of the year.
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Limited Entry Fixed Gear (LEFG)
Fishery Trip Limits for Shelf Rockfish
South of 34≥27′ N. Lat.
The Council received an industry
request to increase the LEFG shelf
rockfish trip limits south of 34°27′ N.
lat. Trip limits for shelf rockfish include
species in the minor shelf rockfish
complex, yellowtail rockfish, shortbelly
rockfish and widow rockfish. The minor
shelf rockfish complex, including
yellowtail rockfish, south of 40°10′ N.
lat., and shortbelly rockfish have not
been fully harvested in recent years.
Widow rockfish has also not been fully
harvested in the non-trawl fisheries in
recent years. West Coast Groundfish
Observer Program data indicate very few
encounters with overfished species and
California state fish ticket data indicate
that very few vessels actually attained
full trip limits for shelf rockfish between
2008 and 2012.
Based on these data, the GMT
estimated that landings would increase
by approximately 0.5 metric tons, to a
total of 2.1 metric tons. This modest
increase in trip limits for shelf rockfish
is not expected to result in an
overharvest of any species as a result of
this request.
Therefore, the Council recommended
and NMFS is implementing increased
trip limits for shelf rockfish in the LEFG
fishery south of 34°27′ N. lat., from
‘‘3,000 lb (1361 kg) per two months’’ to
‘‘4,000 lb (1814 kg) per two months’’
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Limited Entry Fixed Gear (LEFG) and
Open Access (OA) Fishery Trip Limits
for Bocaccio South of 34≥27′ N. Lat.
There are increased encounters with
bocaccio south of 34°27′ N. lat. resulting
from a very strong year class entering
the fishery. In order to reduce
unnecessary discarding as a result of
increased encounters with the new yearclass entrants, industry submitted a
request to the Council to raise the twomonth cumulative limits for bocaccio
south of 34°27′ N. lat. The estimated
take of bocaccio would increase by
approximately 1.1 metric tons, which is
well within the non-trawl bocaccio
allocation south of 40°10′ N. lat.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for bocaccio in the LEFG and
the OA fixed gear fishery south of 34°27′
N. lat. The trip limits for bocaccio in the
LEFG fishery south of 34°27′ N. lat. are
increased from ‘‘300 lb (136 kg) per two
months’’ to ‘‘500 lb (227 kg) per two
months’’ beginning in period 4 through
the end of the year. The trip limits for
bocaccio in the OA fishery south of
34°27′ N. lat. are increased from ‘‘100 lb
(45 kg) per two months’’ to ‘‘200 lb (91
kg) per two months’’ beginning in
period 4 through the end of the year.
Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures, based on the
best available information, 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 at the Office of the
Administrator, Northwest Region,
NMFS, during business hours.
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 August 13, 2013.
At the June Council meeting, the
Council recommended that these
changes be implemented as quickly as
possible during the July-August twomonth cumulative limit period. There
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49191
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 PCGFMP and
applicable law. The adjustments to
management measures in this document
affect commercial fisheries in
Washington, Oregon and California.
These adjustments to management
measures must be implemented in a
timely manner, as quickly as possible
during the July-August two-month
cumulative limit period: To allow LEFG
and OA fixed gear fishermen an
opportunity to harvest their limits for
sablefish without exceeding the ACL
north of 36° N. lat.; to allow LEFG
fishermen to harvest shortspine
thornyead without exceeding the ACL;
to allow harvest of shelf rockfish
without exceeding the ACL; and to
allow LEFG and OA fixed gear
fishermen to retain incidental catch of
bocaccio, in response to significant
recent recruitment events, without
exceeding the ACL. These changes in
the LEFG and OA fixed gear fisheries
continue to allow fishermen
opportunities to harvest available stocks
while staying within their ACLs. If this
rule is not implemented immediately,
the public could have incorrect
information regarding allowed LEFG
and OA trip limits 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 August 13, 2013, allows harvest as
intended by the Council, consistent
with the best scientific information
available. These changes allow harvest
in fisheries that are important to coastal
communities and in a manner that
prevents ACLs of overfished and target
species from being exceeded.
No aspect of this action is
controversial, and changes of this nature
were anticipated in the biennial harvest
specifications and management
measures established for 2013–2014.
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 PCGFMP goals and
objectives of managing for appropriate
harvest levels while providing for year-
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
round fishing and marketing
opportunities.
Accordingly, for the reasons stated
above, NMFS finds good cause to waive
prior notice and comment and to waive
the delay in effectiveness.
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List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
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Dated: August 7, 2013.
James P. Burgess,
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.
BILLING CODE 3510–22–P
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as follows:
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2. Tables 2 (North) and 2 (South) to
part 660, subpart E are revised to read
■
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3. Table 3 (North) and 3 (South) to
part 660, subpart F are revised to read
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■
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49200
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 13, 2013, until 2400
hrs, December 31, 2013, Alaska local
time.
[FR Doc. 2013–19602 Filed 8–12–13; 8:45 a.m.]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
50 CFR Part 679
[Docket No. 121018563–3148–02]
RIN 0648–XC803
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the Aleut
Corporation’s pollock directed fishing
allowance from the Aleutian Islands
subarea to the Bering Sea subarea
directed fisheries. This action is
necessary to provide opportunity for
harvest of the 2013 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
SUMMARY:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2013 pollock total
allowable catch (TAC) allocated to the
Aleut Corporation’s directed fishing
allowance (DFA) is 5,000 metric tons
(mt) as established by the final 2013 and
2014 harvest specifications for
groundfish in the BSAI (78 FR 13813,
March 1, 2013) and reallocation (78 FR
14932, March 8, 2013).
As of August 6, 2013, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 2,500 mt of Aleut
Corporation’s DFA in the Aleutian
Islands subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 2,500 mt of Aleut
Corporation’s DFA from the Aleutian
Islands subarea to the 2013 Bering Sea
subarea allocations. The 2,500 mt of
pollock is apportioned to the AFA
inshore sector (50 percent), AFA
catcher/processor sector (40 percent),
and the AFA mothership sector (10
percent). The 2013 Bering Sea pollock
incidental catch allowance remains at
33,699 mt. As a result, the harvest
specifications for pollock in the
Aleutian Islands subarea included in the
final 2013 and 2014 harvest
specifications for groundfish in the
BSAI (78 FR 13813, March 1, 2013, 78
FR 14932, March 8, 2013) are revised as
follows: 2,500 mt to Aleut Corporation’s
DFA. Furthermore, pursuant to
§ 679.20(a)(5), Table 3 of the final 2013
and 2014 harvest specifications for
groundfish in the BSAI (78 FR 13813,
March 1, 2013, 78 FR 14932, March 8,
2013) is revised to make 2013 pollock
allocations consistent with this
reallocation. This reallocation results in
adjustments to the 2013 Aleut
Corporation and AFA pollock
allocations established at § 679.20(a)(5).
TABLE 3—FINAL 2013 AND 2014 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE
CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2013 A season 1
Area and sector
2013
Allocations
A season
DFA
2014 A season 1
2013 B
season 1
SCA
harvest
limit 2
B season
DFA
2014
Allocations
A season
DFA
2014 B
season 1
SCA
harvest
limit 2
B season
DFA
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Bering Sea subarea .........
CDQ DFA .........................
ICA 1 .................................
AFA Inshore .....................
AFA Catcher/Processors 3
Catch by C/Ps ..................
Catch by CVs 3 .................
Unlisted C/P Limit 4 ..........
AFA Motherships .............
Excessive Harvesting
Limit 5 ............................
Excessive Processing
Limit 6 ............................
Total Bering Sea DFA ......
1,261,900
126,600
33,699
550,801
440,640
403,186
37,454
2,203
110,160
n/a
50,640
n/a
220,320
176,256
161,274
14,982
881
44,064
n/a
35,448
n/a
154,224
123,379
n/a
n/a
n/a
30,845
n/a
75,960
n/a
330,480
264,384
241,912
22,473
1,322
66,096
1,247,000
124,700
33,669
544,316
435,452
398,439
37,013
2,177
108,863
n/a
49,880
n/a
217,726
174,181
159,376
14,805
871
43,545
n/a
34,916
n/a
152,408
121,927
n/a
n/a
n/a
30,482
n/a
74,820
n/a
326,589
261,271
239,063
22,208
1,306
65,318
192,780
n/a
n/a
n/a
190,510
n/a
n/a
n/a
330,480
1,101,601
n/a
440,640
n/a
308,448
n/a
660,961
326,589
1,088,631
n/a
435,452
n/a
304,817
n/a
653,179
Aleutian Islands subarea 1
CDQ DFA .........................
ICA ...................................
Aleut Corporation .............
4,100
0
1,600
2,500
n/a
0
800
2,500
n/a
n/a
n/a
n/a
n/a
0
800
0
19,000
1,900
1,600
15,500
n/a
760
800
14,360
n/a
n/a
n/a
n/a
n/a
1,140
800
1,140
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]]>Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49190-49200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19602]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120814338-2711-02]
RIN 0648-BD47
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.
DATES: Effective 0001 hours (local time) August 13, 2013.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region,
NMFS), phone: 206-526-6147, fax: 206-526-6736,
gretchen.hanshew@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 PCGFMP and its implementing regulations at title 50 in the Code
of Federal Regulations (CFR), part 660, subparts C through G, regulate
fishing for over 90 species of groundfish off the coasts of Washington,
Oregon, and California. Groundfish specifications and management
measures are developed by the Pacific Fishery Management Council
(Council), and are implemented by NMFS.
On November 14, 2012, NMFS published a proposed rule to implement
the 2013-2014 harvest specifications and management measures for most
species of the Pacific Coast groundfish fishery (77 FR 67974). The
final rule to implement the 2013-2014 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 the changes to current groundfish management measures at
its June 18-June 25, 2013 meeting. Management measures are designed to
meet two primary goals: To achieve, to the extent possible, but not
exceed, annual catch limits (ACLs) of target species; and to foster the
rebuilding of overfished stocks by keeping harvest within their
rebuilding ACLs. The Council recommended adjusting groundfish
management measures to respond to updated fishery information and
additional inseason management needs. Those changes to management
measures are implemented in this action. The adjustments to fishery
management measures are not expected to result in greater impacts to
overfished species, except for bocaccio, than originally projected
through the end of the year.
Fishery Management Measures for the Limited Entry Fixed Gear (LEFG) and
Open Access (OA) Sablefish Daily Trip Limit (DTL) Fisheries North of
36[deg] N. Lat.
To increase harvest opportunities for the LEFG and OA fixed gear
sablefish DTL fisheries north of 36[deg] N. lat., the Council
considered increases to trip limits. The Council's Groundfish
Management Team (GMT) made model-based landings projections for the
LEFG and OA fixed gear sablefish DTL fisheries north of 36[deg] N. lat.
for the remainder of the year. These projections were based on the most
recent information available. The model predicted harvest of 84 percent
(165 mt) of the LEFG harvest guideline (197 mt) and 82 percent (239 mt)
of the OA harvest guideline (291 mt) under current trip limits. With
the increase in trip limits, predicted harvest is 94 percent (185 mt)
of the LEFG harvest guideline (197 mt) and 94 percent (274 mt) of the
OA harvest guideline (291 mt). Projections for the fixed gear sablefish
fisheries south of 36[deg] N. lat. were tracking within their targets
and no inseason actions were considered.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for the LEFG and the OA sablefish DTL fisheries north of
36[deg] N. lat. The trip limits for sablefish in the LEFG fishery north
of 36[deg] N. lat. increase from ``950 lb (431 kg) per week, not to
exceed 2,850 lb (1,293 kg) per two months'' to ``1,110 lb (499 kg) per
week, not to exceed 3,300 lb (1,497 kg) per two months'' beginning in
period 4 through the end of the year.
The trip limits for sablefish in the OA sablefish DTL fishery north
of 36[deg] N. lat. are increased from ``300 lb (136 kg) per day, or one
landing per week of up to 700 lb (318 kg), not to exceed 1,400 lb (635
kg) per two months'' to ``300 lb (136 kg) per day, or one landing per
week of up to 800 lb (363 kg), not to exceed 1,600 lb (726 kg) per two
months'' beginning in period 4 through the end of the year.
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Limited Entry Fixed Gear (LEFG) Fishery Trip Limits for Shortspine
Thornyhead North of 34[deg]27' N. Lat.
To increase harvest opportunities for the LEFG fishery north of
34[deg]27' N. lat., the Council considered an increase to the two-month
cumulative limits for shortspine thornyhead in the LEFG fishery. The
Council's GMT made model-based landings projections of the LEFG fishery
north of 34[deg]27' N. lat. for the remainder of the year. These
projections were based on the most recent information available under
the current trip limit scenario. The model results predicted a harvest
projection of 81 percent (60 mt) of the LEFG harvest guideline (74 mt)
under the status quo trip limits. Landings projections with the
proposed increased trip limits predict a harvest of 94 percent (70 mt)
of the LEFG harvest guideline (74 mt).
Therefore, the Council recommended and NMFS is implementing trip
limit increases for shortspine thornyhead in the LEFG fishery north of
34[deg]27' N. lat. The trip limits increased from ``2,000 lb (907 kg)
per two months'' to ``2,500 lb (1134 kg) per two months'' beginning in
period 4 through the end of the year.
Limited Entry Fixed Gear (LEFG) Fishery Trip Limits for Shelf Rockfish
South of 34[deg]27' N. Lat.
The Council received an industry request to increase the LEFG shelf
rockfish trip limits south of 34[deg]27' N. lat. Trip limits for shelf
rockfish include species in the minor shelf rockfish complex,
yellowtail rockfish, shortbelly rockfish and widow rockfish. The minor
shelf rockfish complex, including yellowtail rockfish, south of
40[deg]10' N. lat., and shortbelly rockfish have not been fully
harvested in recent years. Widow rockfish has also not been fully
harvested in the non-trawl fisheries in recent years. West Coast
Groundfish Observer Program data indicate very few encounters with
overfished species and California state fish ticket data indicate that
very few vessels actually attained full trip limits for shelf rockfish
between 2008 and 2012.
Based on these data, the GMT estimated that landings would increase
by approximately 0.5 metric tons, to a total of 2.1 metric tons. This
modest increase in trip limits for shelf rockfish is not expected to
result in an overharvest of any species as a result of this request.
Therefore, the Council recommended and NMFS is implementing
increased trip limits for shelf rockfish in the LEFG fishery south of
34[deg]27' N. lat., from ``3,000 lb (1361 kg) per two months'' to
``4,000 lb (1814 kg) per two months'' beginning in period 4 through the
end of the year.
Limited Entry Fixed Gear (LEFG) and Open Access (OA) Fishery Trip
Limits for Bocaccio South of 34[deg]27' N. Lat.
There are increased encounters with bocaccio south of 34[deg]27' N.
lat. resulting from a very strong year class entering the fishery. In
order to reduce unnecessary discarding as a result of increased
encounters with the new year-class entrants, industry submitted a
request to the Council to raise the two-month cumulative limits for
bocaccio south of 34[deg]27' N. lat. The estimated take of bocaccio
would increase by approximately 1.1 metric tons, which is well within
the non-trawl bocaccio allocation south of 40[deg]10' N. lat.
Therefore, the Council recommended and NMFS is implementing trip
limit changes for bocaccio in the LEFG and the OA fixed gear fishery
south of 34[deg]27' N. lat. The trip limits for bocaccio in the LEFG
fishery south of 34[deg]27' N. lat. are increased from ``300 lb (136
kg) per two months'' to ``500 lb (227 kg) per two months'' beginning in
period 4 through the end of the year. The trip limits for bocaccio in
the OA fishery south of 34[deg]27' N. lat. are increased from ``100 lb
(45 kg) per two months'' to ``200 lb (91 kg) per two months'' beginning
in period 4 through the end of the year.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best available information,
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 at the Office of the Administrator, Northwest
Region, NMFS, during business hours.
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 August 13, 2013.
At the June Council meeting, the Council recommended that these
changes be implemented as quickly as possible during the July-August
two-month cumulative limit period. 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 PCGFMP and applicable law. The adjustments to management
measures in this document affect commercial fisheries in Washington,
Oregon and California. These adjustments to management measures must be
implemented in a timely manner, as quickly as possible during the July-
August two-month cumulative limit period: To allow LEFG and OA fixed
gear fishermen an opportunity to harvest their limits for sablefish
without exceeding the ACL north of 36[deg] N. lat.; to allow LEFG
fishermen to harvest shortspine thornyead without exceeding the ACL; to
allow harvest of shelf rockfish without exceeding the ACL; and to allow
LEFG and OA fixed gear fishermen to retain incidental catch of
bocaccio, in response to significant recent recruitment events, without
exceeding the ACL. These changes in the LEFG and OA fixed gear
fisheries continue to allow fishermen opportunities to harvest
available stocks while staying within their ACLs. If this rule is not
implemented immediately, the public could have incorrect information
regarding allowed LEFG and OA trip limits 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 August 13, 2013, allows harvest as intended by the
Council, consistent with the best scientific information available.
These changes allow harvest in fisheries that are important to coastal
communities and in a manner that prevents ACLs of overfished and target
species from being exceeded.
No aspect of this action is controversial, and changes of this
nature were anticipated in the biennial harvest specifications and
management measures established for 2013-2014.
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 PCGFMP goals and objectives of managing for
appropriate harvest levels while providing for year-
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round fishing and marketing opportunities.
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: August 7, 2013.
James P. Burgess,
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.
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2. Tables 2 (North) and 2 (South) to part 660, subpart E are revised to
read as follows:
[GRAPHIC] [TIFF OMITTED] TR13AU13.002
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[GRAPHIC] [TIFF OMITTED] TR13AU13.003
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[GRAPHIC] [TIFF OMITTED] TR13AU13.004
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3. Table 3 (North) and 3 (South) to part 660, subpart F are revised to
read as follows:
[GRAPHIC] [TIFF OMITTED] TR13AU13.005
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[GRAPHIC] [TIFF OMITTED] TR13AU13.006
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[GRAPHIC] [TIFF OMITTED] TR13AU13.007
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[GRAPHIC] [TIFF OMITTED] TR13AU13.008
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[FR Doc. 2013-19602 Filed 8-12-13; 8:45 a.m.]
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