Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 72586-72596 [2013-29021]
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
permit for the summer flounder fishery
may not land summer flounder in
Virginia for the remainder of calendar
year 2013, unless additional quota
becomes available through a transfer
from another state. Regulations
governing the summer flounder fishery
require publication of this notification
to advise Virginia that the quota has
been harvested and to advise vessel
permit holders and dealer permit
holders that no Federal commercial
quota is available for landing summer
flounder in Virginia.
DATES: Effective 1801 hours, December
4, 2013, through December 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, (978) 281–9224, or
Carly.Bari@noaa.gov.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state is
described in § 648.102.
The initial total commercial quota for
summer flounder for the 2013 fishing
year is 11,793,596 lb (5,349,575 kg) (77
FR 76942, December 31, 2012). The
percent allocated to vessels landing
summer flounder in Virginia is 21.31676
percent, resulting in a commercial quota
of 2,514,012 lb (1,140,356 kg). The 2013
allocation was adjusted to 5,040,501 lb
(2,286,333 kg) after deduction of
research set-aside, adjustment for 2012
quota overages, and adjustments for
quota transfers between states (mostly
transfers from North Carolina to cover
safe harbor landings in Virginia by
North Carolina vessels).
The Administrator, Northeast Region,
NMFS (Regional Administrator),
monitors the state commercial landings
and determines when a state’s
commercial quota has been harvested.
NMFS is required to publish
notification in the Federal Register
advising and notifying commercial
vessels and dealer permit holders that,
effective upon a specific date, the state’s
commercial quota has been harvested
and no commercial quota is available for
landing summer flounder in that state.
The Regional Administrator has
determined, based upon dealer reports
and other available information that,
Virginia has harvested its quota for
2013.
Section 648.4(b) provides that Federal
permit holders agree, as a condition of
the permit, not to land summer flounder
in any state that the Regional
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Administrator has determined no longer
has commercial quota available.
Therefore, effective 1801 hours,
December 4, 2013, landings of summer
flounder in Virginia by vessels holding
summer flounder commercial Federal
fisheries permits are prohibited for the
remainder of the 2013 calendar year,
unless additional quota becomes
available through a transfer and is
announced in the Federal Register.
Effective 1801 hours, December 4, 2013,
federally permitted dealers are also
notified that they may not purchase
summer flounder from federally
permitted vessels that land in Virginia
for the remainder of the calendar year,
or until additional quota becomes
available through a transfer from
another state.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest. This
action closes the summer flounder
fishery for Virginia until January 1,
2014, under current regulations. The
regulations at § 648.103(b) require such
action to ensure that summer flounder
vessels do not exceed quotas allocated
to the states. If implementation of this
closure was delayed to solicit prior
public comment, the quota for this
fishing year will be exceeded, thereby
undermining the conservation
objectives of the Summer Flounder
Fishery Management Plan. The AA
further finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the 30day delayed effectiveness period for the
reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 27, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–28908 Filed 11–29–13; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120814338–2711–02]
RIN 0648–BD71
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.
DATES: Effective 0001 hours (local time)
December 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (West Coast 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
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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 changes to
current groundfish management
measures at its September 12–17 and
October 30–November 6, 2013 meetings.
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 that
NMFS issue surplus carryover pounds
of petrale sole in the individual fishing
quota (IFQ) program. NMFS continues
to support our previous decision that
surplus carryover pounds of petrale sole
will not be issued due to risk of
exceeding the 2013 ACL for this stock,
which is currently in overfished status.
This decision was previously outlined
in a May 6, 2013 letter to the Council
and no new information was provided
that would change that decision.
Changes to Fishery Management
Measures for the End of 2013
At its September 12–17 meeting, the
Council recommended adjusting
groundfish management measures for
the end of 2013 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 a very small increase in impacts
to canary rockfish, than originally
projected.
Limited Entry Fixed Gear and Open
Access Sablefish Daily Trip Limit (DTL)
Fishery Management Measures
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Limited Entry Fixed Gear and Open
Access Sablefish DTL Fisheries North of
36° N. Lat.
For the limited entry fixed gear and
open access fixed gear sablefish DTL
fisheries north of 36° N. lat. through the
end of 2013, the Council considered
increases to trip limits. The Council’s
Groundfish Management Team (GMT)
made model-based landings projections
for the limited entry fixed gear and open
access fixed gear sablefish DTL fisheries
north of 36° N. lat. for the remainder of
the year. These projections were based
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on the most recent information
available. The model predicted harvest
of 82 percent (161 mt) of the limited
entry fixed gear harvest guideline (197
mt) and 83 percent (241 mt) of the open
access harvest guideline (291 mt) under
current trip limits. With the increase in
trip limits, predicted harvest is 91
percent (179 mt) of the limited entry
fixed gear harvest guideline (197 mt)
and 91 percent (265 mt) of the open
access harvest guideline (291 mt).
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the limited entry fixed gear
and the open access sablefish DTL
fisheries north of 36° N. lat. The trip
limits for sablefish in the limited entry
fixed gear fishery north of 36° N. lat.
increase from ‘‘1,110 lb (499 kg) per
week, not to exceed 3,300 lb (1,497 kg)
per two months’’ to ‘‘1,850 lb (839 kg)
per week, not to exceed 5,500 lb (2,495
kg)’’ beginning December 3, 2013,
through the end of the year.
The trip limits for sablefish in the
open access 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 800 lb (363 kg), not to
exceed 1,600 lb (726 kg) per two
months’’ to ‘‘300 lb (136 kg) per day, or
one landing per week of up to 1,200 lb
(544 kg), not to exceed 2,400 lb (1,089
kg) per two months’’ beginning
December 3, 2013, through the end of
the year.
Limited Entry Fixed Gear and Open
Access Sablefish DTL Fisheries South of
36° N. Lat.
The Council recommended and
NMFS is implementing a modest
increase for the open access sablefish
fishery trip limits south of 36° N. lat.
There is no formal allocation of
sablefish between the limited entry
fixed gear and open access sablefish
daily trip limit (DTL) fisheries south of
36° N. lat. The Council designed 2013
trip limits for these two commercial
groundfish non-trawl fisheries south of
36° N. lat. that were anticipated to allow
slightly more overall harvest of sablefish
by the limited entry fixed gear fishery.
The 2013 trip limits were also designed
so that, when catches in each sector are
combined, total impacts of these two
fisheries are anticipated to approach but
not exceed the 2013 non-trawl
allocation for sablefish south of 36° N.
lat.
Catch of sablefish in the open access
sablefish DTL fishery south of 36° N. lat.
has been lower than anticipated. Based
on the most recent fishery information,
if no action is taken and catch remains
lower than expected, landings of
sablefish in this fishery through the end
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of the year would be 176 mt. This level
of catch would be below the sablefish
harvest target of 362 mt for the open
access fishery by approximately 49
percent. Catch of sablefish in the limited
entry fixed gear sablefish DTL fisheries
south of 36° N. lat. has been within their
harvest target.
The Council considered increases to
trip limits in the open access sablefish
DTL fishery south of 36° N. lat. to
maintain fishing opportunities through
the remainder of 2013, while keeping
catch within the 2013 sablefish ACL for
the area south of 36° N. lat.
Since projected catch in the open
access sablefish DTL fishery south of
36° N. lat. had a large projected
underage compared to their harvest
target, the Council recommended an
increase in the open access sablefish
DTL fishery trip limits for the end of
2013. With this increase in sablefish trip
limits for Period 6 (November–
December) projected catch through the
end of the year is 261 mt, or
approximately 72 percent of the 2013
harvest target.
With this increase in trip limits for
the open access sablefish DTL fishery,
and retention of the current trip limits
in the limited entry fixed gear sablefish
DTL fishery, projected catches in these
two fisheries combined is 688 mt, 120
mt below the 2013 non-trawl allocation
for sablefish south of 36 N. lat. of 808
mt adjusted for discard mortality.
West Coast Groundfish Observer data
indicate that impacts to overfished
species in the commercial fixed gear
sablefish fisheries south of 36° N. lat.
are extremely low. Therefore, increases
to trip limits to raise projected impacts
closer to the 2013 sablefish non-trawl
allocation and the ACL are not
anticipated to result in changes to
impacts to co-occurring overfished
groundfish species.
Therefore, the Council recommended
and NMFS is implementing an increase
for the open access fishery trip limits
south of 36° N. lat. from ‘‘300 lb (136
kg) per day, or 1 landing per week of up
to 1,460 lb (662 kg), not to exceed 2,920
lb (1,325 kg) per 2 months’’ to ‘‘380 lb
(172 kg) per day, or 1 landing per week
of up to 1,800 lb (817 kg), not to exceed
3,800 lb (1,724 kg) per 2 months’’
beginning December 3, 2013, through
the end of the year. Limited Entry Fixed
Gear and Open Access Fishery
Management Measures for Deeper
Nearshore Rockfish South of 40°10′ N.
lat.
The Council recommended and
NMFS is implementing trip limit
increases for deeper nearshore rockfish
in the limited entry fixed gear and open
access fishery south of 40°10′ N. lat.
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The Council considered how catches
in the nearshore fishery south of 40°10′
N. lat. have been well below the annual
catch limit in recent years, and
considered modest increases to allow
additional harvest opportunities for
deeper nearshore rockfish while keeping
total catch within the applicable harvest
guidelines.
Modest increases to the deeper
nearshore rockfish trip limits in the
limited entry fixed gear and open access
fisheries in Period 6 (November–
December) are not projected to increase
impacts to most co-occurring overfished
rockfish. Projected impacts to canary
rockfish are anticipated to increase 0.1
mt, but total catch of canary rockfish in
non-trawl fisheries through the end of
the year (27.2 mt) are anticipated to stay
well below the non-trawl allocation
(46.0 mt).
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for deeper nearshore rockfish in
the limited entry fixed gear and open
access fisheries south of 40°10′ N. lat.:
from ‘‘900 lb (408 kg) per 2 months’’ to
‘‘1,000 lb (454 kg) per 2 months’’ in
Period 6 (November–December).
Review of 2013–2014 Fisheries and
Setting Management Measures for the
Remainder of the Biennium
At its October 30–November 6, 2013
meeting, the Council recommended
adjusting the biennial groundfish
management measures for the remainder
of the biennial period to respond to
updated fishery information and other
inseason management needs. The
Council reviewed the 2013 commercial
groundfish fisheries by considering: (1)
The fishery management measures
initially set for 2013, (2) modifications
to management measures that were
needed inseason for 2013, as new data
became available throughout the 2013
season, and (3) retrospective total catch
pattern data from the 2013 year-to-date.
The Council’s goal in scrutinizing the
2013 groundfish fisheries was to
develop a set of management measures
for the remainder of the biennial period
that would take into account new
knowledge gained in 2013 to better
structure the fisheries for the remainder
of the 2013–2014 biennium. The
improved structure of the initial 2014
management measures was designed to
continue to keep total catch of managed
species liberal enough to allow the catch
of target species to approach, but not
exceed, their 2014 ACLs, yet be
conservative enough to reduce the need
for inseason restrictions. The changes
also allow the industry to plan for their
2014 fishing season(s) and ensure that
management measures in place for the
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remainder of the biennial period reflect
the best available science. If harvest of
sablefish in 2014 is higher or lower than
anticipated, the Council and NMFS may
take action inseason during 2014 to
adjust fishery management measures to
allow the catch of target species to
approach, but not exceed, their 2014
ACLs.
The adjustments to fishery
management measures are not expected
to result in greater impacts to overfished
species than originally projected
through the end of 2014.
Limited Entry Fixed Gear and Open
Access Sablefish Daily Trip Limit (DTL)
Fishery Management Measures
Based on the Council’s goals in
reviewing 2013 fishery data, as
described above, the Council considered
the various adjustments to fishery
management measures in the limited
entry fixed gear and open access
fisheries that were necessary during the
first ten months of the 2013–2014
biennium at its November 2013 meeting.
The Council and its advisory bodies
considered the most recent information
on the status of 2013 fisheries and
requests from industry and provided the
following recommendations for
inseason adjustments for the remainder
of the biennium.
Limited Entry Fixed Gear and Open
Access Sablefish DTL Fisheries North of
36° N. Lat.
At its June 2013 meeting, the Council
took action to increase limits in the
limited entry fixed gear and open access
sablefish DTL fisheries north of 36° N.
lat. The Council considered the most
recent catch projections and
recommended increases to trip limits in
both fisheries to allow industry
increased access to the fishery harvest
guidelines and come closer to attaining,
while not exceeding, the non-trawl
fishery allocation for sablefish in 2013.
As described above, at its September
2013 meeting the Council recommended
a further increase to trip limits in this
fishery for the end of 2013 because
catch was still accruing slower than
anticipated and, without changes to trip
limits, harvest through the end of 2013
was anticipated to be well below the
fishery harvest guideline.
At its November 2013 meeting, the
Council considered stable (the same)
trip limits for periods 1–6 for the
limited entry fixed gear fisheries north
of 36° N. lat. for 2014. Trip limits for
2014 were estimated by the GMT using
landings projection models adjusted for
discard mortality with the most recent
available data. The updated trip limits
that the Council considered for 2014 are
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anticipated to achieve, but not exceed,
the fishery harvest guideline for
sablefish in 2014. Furthermore, a stable
trip limit approach for these fisheries
will help provide consistency, safety,
and predictability to fishing
communities, and enable participants to
plan in advance for their fishery.
West Coast Groundfish Observer data
indicate that the trip limits
recommended for periods 1–6 are not
anticipated to increase projected
impacts of co-occurring overfished
groundfish species.
Therefore, the Council recommended,
and NMFS is implementing, the
following changes to trip limits for the
limited entry fixed gear sablefish DTL
fishery north of 36° N. lat.: change to
‘‘950 (431 kg) lb per week, not to exceed
2,850 (1,293 kg) lb per 2 months’’ in
periods 1–6, on January 1, through the
end of the year. Also, the Council
recommended, and NMFS is
implementing, the following changes to
the open access sablefish DTL fishery
trip limits north of 36° N. lat.: change
to ‘‘300 lb (136 kg) per day, or 1 landing
per week of up to 800 lb (363 kg), not
to exceed 1,600 lb (726 kg) per 2
months’’ in periods 1–6, on January 1,
through the end of the year.
Limited Entry Fixed Gear and Open
Access Sablefish DTL Fisheries South of
36° N. Lat.
As described above catch in the
sablefish DTL fisheries south of 36° N.
Lat. was accruing slower than
anticipated in 2013 and, without
changes to trip limits, harvest through
the end of 2013 was anticipated to be
well below the non-trawl allocation
adjusted for discard mortality.
The Council recommended, and
NMFS is implementing, stable trip
limits for periods 1–6 for the limited
entry fixed gear and open access DTL
fisheries south of 36° N. lat. for 2014.
Appropriate trip limits for 2014 were
estimated by the GMT using landings
projection models adjusted for discard
mortality with the most recent available
data. A stable trip limit approach will
help provide consistency, safety, and
predictability to fishing communities,
and enable participants to plan in
advance for their fishery.
West Coast Groundfish Observer data
indicate that the stable trip limits
recommended for periods 1–6 are not
anticipated to increase projected
impacts of co-occurring overfished
groundfish species.
Therefore, the Council recommended
and NMFS is implementing the
following changes to limited entry fixed
gear trip limits south of 36° N. lat.:
change to ‘‘2,000 (907 kg) lb per week’’
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in periods 1–6, on January 1, through
the end of the year. The Council also
recommended and NMFS is
implementing the following changes to
open access fishery trip limits south of
36° N. lat.: change to ‘‘300 lb (136 kg)
per day, or 1 landing per week of up to
1,600 lb (726 kg), not to exceed 3,200 lb
(1,452 kg) per 2 months’’ in periods 1–
6, on January 1, through the end of the
year.
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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, West Coast 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 December 3, 2013.
At the September Council meeting,
the Council recommended trip limit
changes for sablefish and deeper
nearshore rockfish be implemented as
quickly as possible during the
November–December two-month
cumulative limit period in 2013. At the
November Council meeting, the Council
recommended trip limit changes for
sablefish be implemented January 1,
2014 or as quickly as possible thereafter.
There was not sufficient time after these
meetings to draft this document and
undergo proposed and final rulemaking
before these actions need to be in effect.
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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 2013 trip limits
for sablefish and deeper nearshore
rockfish must be implemented in a
timely manner, as quickly as possible
during the November–December twomonth cumulative limit period: to allow
limited entry fixed gear and open access
fixed gear fishermen an opportunity to
harvest their limits for sablefish without
exceeding the 2013 ACL north of 36° N.
lat. or the 2013 ACL south of 36° N. lat.;
and to allow limited entry fixed gear
and open access fixed gear fishermen to
retain higher limits for deeper nearshore
rockfish, without exceeding the ACL.
These adjustments to 2014 management
measures must be implemented in a
timely manner, by January 1, 2014 or as
quickly as possible thereafter: to allow
limited entry fixed gear and open access
fixed gear fishermen an opportunity to
plan for and harvest their limits for
sablefish without exceeding the 2014
ACL north of 36° N. lat. or the 2014 ACL
south of 36° N. lat. These changes in the
2013 and 2014 limited entry fixed gear
and open access fixed gear fisheries
must be implemented in a timely
manner so that fishermen are allowed
increased opportunities to harvest
available healthy stocks, and meet the
objective of the Pacific Coast Groundfish
FMP to allow fisheries to approach, but
not exceed, ACLs. If this rule is not
implemented immediately, the public
could have incorrect information
regarding allowed limited entry fixed
gear and open access trip limits which
would cause confusion and be
inconsistent with the intent of the
Council. It would be contrary to the
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public interest to delay implementation
of these changes until after public notice
and comment, because making this
regulatory change by December 3, 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 yearround 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: November 29, 2013.
Karen Abrams,
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. Tables 2 (North) and 2 (South) to
part 660, subpart E are revised to read
as follows:
■
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3. Tables 3 (North) and 3 (South) to
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[FR Doc. 2013–29021 Filed 11–29–13; 4:15 pm]
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BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72586-72596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29021]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120814338-2711-02]
RIN 0648-BD71
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.
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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) December 3, 2013.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (West Coast 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
[[Page 72587]]
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 changes to current groundfish management measures at its
September 12-17 and October 30-November 6, 2013 meetings. 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 that NMFS issue surplus carryover pounds of
petrale sole in the individual fishing quota (IFQ) program. NMFS
continues to support our previous decision that surplus carryover
pounds of petrale sole will not be issued due to risk of exceeding the
2013 ACL for this stock, which is currently in overfished status. This
decision was previously outlined in a May 6, 2013 letter to the Council
and no new information was provided that would change that decision.
Changes to Fishery Management Measures for the End of 2013
At its September 12-17 meeting, the Council recommended adjusting
groundfish management measures for the end of 2013 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 a very small
increase in impacts to canary rockfish, than originally projected.
Limited Entry Fixed Gear and Open Access Sablefish Daily Trip Limit
(DTL) Fishery Management Measures
Limited Entry Fixed Gear and Open Access Sablefish DTL Fisheries North
of 36[deg] N. Lat.
For the limited entry fixed gear and open access fixed gear
sablefish DTL fisheries north of 36[deg] N. lat. through the end of
2013, the Council considered increases to trip limits. The Council's
Groundfish Management Team (GMT) made model-based landings projections
for the limited entry fixed gear and open access 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 82 percent (161 mt) of the limited entry
fixed gear harvest guideline (197 mt) and 83 percent (241 mt) of the
open access harvest guideline (291 mt) under current trip limits. With
the increase in trip limits, predicted harvest is 91 percent (179 mt)
of the limited entry fixed gear harvest guideline (197 mt) and 91
percent (265 mt) of the open access harvest guideline (291 mt).
Therefore, the Council recommended and NMFS is implementing trip
limit changes for the limited entry fixed gear and the open access
sablefish DTL fisheries north of 36[deg] N. lat. The trip limits for
sablefish in the limited entry fixed gear fishery north of 36[deg] N.
lat. increase from ``1,110 lb (499 kg) per week, not to exceed 3,300 lb
(1,497 kg) per two months'' to ``1,850 lb (839 kg) per week, not to
exceed 5,500 lb (2,495 kg)'' beginning December 3, 2013, through the
end of the year.
The trip limits for sablefish in the open access 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 800 lb (363 kg), not to
exceed 1,600 lb (726 kg) per two months'' to ``300 lb (136 kg) per day,
or one landing per week of up to 1,200 lb (544 kg), not to exceed 2,400
lb (1,089 kg) per two months'' beginning December 3, 2013, through the
end of the year.
Limited Entry Fixed Gear and Open Access Sablefish DTL Fisheries South
of 36[deg] N. Lat.
The Council recommended and NMFS is implementing a modest increase
for the open access sablefish fishery trip limits south of 36[deg] N.
lat.
There is no formal allocation of sablefish between the limited
entry fixed gear and open access sablefish daily trip limit (DTL)
fisheries south of 36[deg] N. lat. The Council designed 2013 trip
limits for these two commercial groundfish non-trawl fisheries south of
36[deg] N. lat. that were anticipated to allow slightly more overall
harvest of sablefish by the limited entry fixed gear fishery. The 2013
trip limits were also designed so that, when catches in each sector are
combined, total impacts of these two fisheries are anticipated to
approach but not exceed the 2013 non-trawl allocation for sablefish
south of 36[deg] N. lat.
Catch of sablefish in the open access sablefish DTL fishery south
of 36[deg] N. lat. has been lower than anticipated. Based on the most
recent fishery information, if no action is taken and catch remains
lower than expected, landings of sablefish in this fishery through the
end of the year would be 176 mt. This level of catch would be below the
sablefish harvest target of 362 mt for the open access fishery by
approximately 49 percent. Catch of sablefish in the limited entry fixed
gear sablefish DTL fisheries south of 36[deg] N. lat. has been within
their harvest target.
The Council considered increases to trip limits in the open access
sablefish DTL fishery south of 36[deg] N. lat. to maintain fishing
opportunities through the remainder of 2013, while keeping catch within
the 2013 sablefish ACL for the area south of 36[deg] N. lat.
Since projected catch in the open access sablefish DTL fishery
south of 36[deg] N. lat. had a large projected underage compared to
their harvest target, the Council recommended an increase in the open
access sablefish DTL fishery trip limits for the end of 2013. With this
increase in sablefish trip limits for Period 6 (November-December)
projected catch through the end of the year is 261 mt, or approximately
72 percent of the 2013 harvest target.
With this increase in trip limits for the open access sablefish DTL
fishery, and retention of the current trip limits in the limited entry
fixed gear sablefish DTL fishery, projected catches in these two
fisheries combined is 688 mt, 120 mt below the 2013 non-trawl
allocation for sablefish south of 36 N. lat. of 808 mt adjusted for
discard mortality.
West Coast Groundfish Observer data indicate that impacts to
overfished species in the commercial fixed gear sablefish fisheries
south of 36[deg] N. lat. are extremely low. Therefore, increases to
trip limits to raise projected impacts closer to the 2013 sablefish
non-trawl allocation and the ACL are not anticipated to result in
changes to impacts to co-occurring overfished groundfish species.
Therefore, the Council recommended and NMFS is implementing an
increase for the open access fishery trip limits south of 36[deg] N.
lat. from ``300 lb (136 kg) per day, or 1 landing per week of up to
1,460 lb (662 kg), not to exceed 2,920 lb (1,325 kg) per 2 months'' to
``380 lb (172 kg) per day, or 1 landing per week of up to 1,800 lb (817
kg), not to exceed 3,800 lb (1,724 kg) per 2 months'' beginning
December 3, 2013, through the end of the year. Limited Entry Fixed Gear
and Open Access Fishery Management Measures for Deeper Nearshore
Rockfish South of 40[deg]10' N. lat.
The Council recommended and NMFS is implementing trip limit
increases for deeper nearshore rockfish in the limited entry fixed gear
and open access fishery south of 40[deg]10[min] N. lat.
[[Page 72588]]
The Council considered how catches in the nearshore fishery south
of 40[deg]10[min] N. lat. have been well below the annual catch limit
in recent years, and considered modest increases to allow additional
harvest opportunities for deeper nearshore rockfish while keeping total
catch within the applicable harvest guidelines.
Modest increases to the deeper nearshore rockfish trip limits in
the limited entry fixed gear and open access fisheries in Period 6
(November-December) are not projected to increase impacts to most co-
occurring overfished rockfish. Projected impacts to canary rockfish are
anticipated to increase 0.1 mt, but total catch of canary rockfish in
non-trawl fisheries through the end of the year (27.2 mt) are
anticipated to stay well below the non-trawl allocation (46.0 mt).
Therefore, the Council recommended and NMFS is implementing trip
limit changes for deeper nearshore rockfish in the limited entry fixed
gear and open access fisheries south of 40[deg]10[min] N. lat.: from
``900 lb (408 kg) per 2 months'' to ``1,000 lb (454 kg) per 2 months''
in Period 6 (November-December).
Review of 2013-2014 Fisheries and Setting Management Measures for the
Remainder of the Biennium
At its October 30-November 6, 2013 meeting, the Council recommended
adjusting the biennial groundfish management measures for the remainder
of the biennial period to respond to updated fishery information and
other inseason management needs. The Council reviewed the 2013
commercial groundfish fisheries by considering: (1) The fishery
management measures initially set for 2013, (2) modifications to
management measures that were needed inseason for 2013, as new data
became available throughout the 2013 season, and (3) retrospective
total catch pattern data from the 2013 year-to-date.
The Council's goal in scrutinizing the 2013 groundfish fisheries
was to develop a set of management measures for the remainder of the
biennial period that would take into account new knowledge gained in
2013 to better structure the fisheries for the remainder of the 2013-
2014 biennium. The improved structure of the initial 2014 management
measures was designed to continue to keep total catch of managed
species liberal enough to allow the catch of target species to
approach, but not exceed, their 2014 ACLs, yet be conservative enough
to reduce the need for inseason restrictions. The changes also allow
the industry to plan for their 2014 fishing season(s) and ensure that
management measures in place for the remainder of the biennial period
reflect the best available science. If harvest of sablefish in 2014 is
higher or lower than anticipated, the Council and NMFS may take action
inseason during 2014 to adjust fishery management measures to allow the
catch of target species to approach, but not exceed, their 2014 ACLs.
The adjustments to fishery management measures are not expected to
result in greater impacts to overfished species than originally
projected through the end of 2014.
Limited Entry Fixed Gear and Open Access Sablefish Daily Trip Limit
(DTL) Fishery Management Measures
Based on the Council's goals in reviewing 2013 fishery data, as
described above, the Council considered the various adjustments to
fishery management measures in the limited entry fixed gear and open
access fisheries that were necessary during the first ten months of the
2013-2014 biennium at its November 2013 meeting. The Council and its
advisory bodies considered the most recent information on the status of
2013 fisheries and requests from industry and provided the following
recommendations for inseason adjustments for the remainder of the
biennium.
Limited Entry Fixed Gear and Open Access Sablefish DTL Fisheries North
of 36[deg] N. Lat.
At its June 2013 meeting, the Council took action to increase
limits in the limited entry fixed gear and open access sablefish DTL
fisheries north of 36[deg] N. lat. The Council considered the most
recent catch projections and recommended increases to trip limits in
both fisheries to allow industry increased access to the fishery
harvest guidelines and come closer to attaining, while not exceeding,
the non-trawl fishery allocation for sablefish in 2013. As described
above, at its September 2013 meeting the Council recommended a further
increase to trip limits in this fishery for the end of 2013 because
catch was still accruing slower than anticipated and, without changes
to trip limits, harvest through the end of 2013 was anticipated to be
well below the fishery harvest guideline.
At its November 2013 meeting, the Council considered stable (the
same) trip limits for periods 1-6 for the limited entry fixed gear
fisheries north of 36[deg] N. lat. for 2014. Trip limits for 2014 were
estimated by the GMT using landings projection models adjusted for
discard mortality with the most recent available data. The updated trip
limits that the Council considered for 2014 are anticipated to achieve,
but not exceed, the fishery harvest guideline for sablefish in 2014.
Furthermore, a stable trip limit approach for these fisheries will help
provide consistency, safety, and predictability to fishing communities,
and enable participants to plan in advance for their fishery.
West Coast Groundfish Observer data indicate that the trip limits
recommended for periods 1-6 are not anticipated to increase projected
impacts of co-occurring overfished groundfish species.
Therefore, the Council recommended, and NMFS is implementing, the
following changes to trip limits for the limited entry fixed gear
sablefish DTL fishery north of 36[deg] N. lat.: change to ``950 (431
kg) lb per week, not to exceed 2,850 (1,293 kg) lb per 2 months'' in
periods 1-6, on January 1, through the end of the year. Also, the
Council recommended, and NMFS is implementing, the following changes to
the open access sablefish DTL fishery trip limits north of 36[deg] N.
lat.: change to ``300 lb (136 kg) per day, or 1 landing per week of up
to 800 lb (363 kg), not to exceed 1,600 lb (726 kg) per 2 months'' in
periods 1-6, on January 1, through the end of the year.
Limited Entry Fixed Gear and Open Access Sablefish DTL Fisheries South
of 36[deg] N. Lat.
As described above catch in the sablefish DTL fisheries south of
36[deg] N. Lat. was accruing slower than anticipated in 2013 and,
without changes to trip limits, harvest through the end of 2013 was
anticipated to be well below the non-trawl allocation adjusted for
discard mortality.
The Council recommended, and NMFS is implementing, stable trip
limits for periods 1-6 for the limited entry fixed gear and open access
DTL fisheries south of 36[deg] N. lat. for 2014. Appropriate trip
limits for 2014 were estimated by the GMT using landings projection
models adjusted for discard mortality with the most recent available
data. A stable trip limit approach will help provide consistency,
safety, and predictability to fishing communities, and enable
participants to plan in advance for their fishery.
West Coast Groundfish Observer data indicate that the stable trip
limits recommended for periods 1-6 are not anticipated to increase
projected impacts of co-occurring overfished groundfish species.
Therefore, the Council recommended and NMFS is implementing the
following changes to limited entry fixed gear trip limits south of
36[deg] N. lat.: change to ``2,000 (907 kg) lb per week''
[[Page 72589]]
in periods 1-6, on January 1, through the end of the year. The Council
also recommended and NMFS is implementing the following changes to open
access fishery trip limits south of 36[deg] N. lat.: change to ``300 lb
(136 kg) per day, or 1 landing per week of up to 1,600 lb (726 kg), not
to exceed 3,200 lb (1,452 kg) per 2 months'' in periods 1-6, on January
1, 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, West Coast
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 December 3, 2013.
At the September Council meeting, the Council recommended trip
limit changes for sablefish and deeper nearshore rockfish be
implemented as quickly as possible during the November-December two-
month cumulative limit period in 2013. At the November Council meeting,
the Council recommended trip limit changes for sablefish be implemented
January 1, 2014 or as quickly as possible thereafter. There was not
sufficient time after these meetings 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 2013 trip limits for sablefish and deeper
nearshore rockfish must be implemented in a timely manner, as quickly
as possible during the November-December two-month cumulative limit
period: to allow limited entry fixed gear and open access fixed gear
fishermen an opportunity to harvest their limits for sablefish without
exceeding the 2013 ACL north of 36[deg] N. lat. or the 2013 ACL south
of 36[deg] N. lat.; and to allow limited entry fixed gear and open
access fixed gear fishermen to retain higher limits for deeper
nearshore rockfish, without exceeding the ACL. These adjustments to
2014 management measures must be implemented in a timely manner, by
January 1, 2014 or as quickly as possible thereafter: to allow limited
entry fixed gear and open access fixed gear fishermen an opportunity to
plan for and harvest their limits for sablefish without exceeding the
2014 ACL north of 36[deg] N. lat. or the 2014 ACL south of 36[deg] N.
lat. These changes in the 2013 and 2014 limited entry fixed gear and
open access fixed gear fisheries must be implemented in a timely manner
so that fishermen are allowed increased opportunities to harvest
available healthy stocks, and meet the objective of the Pacific Coast
Groundfish FMP to allow fisheries to approach, but not exceed, ACLs. If
this rule is not implemented immediately, the public could have
incorrect information regarding allowed limited entry fixed gear and
open access 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 December
3, 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-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: November 29, 2013.
Karen Abrams,
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. Tables 2 (North) and 2 (South) to part 660, subpart E are revised to
read as follows:
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3. Tables 3 (North) and 3 (South) to part 660, subpart F are revised to
read as follows:
[[Page 72593]]
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[FR Doc. 2013-29021 Filed 11-29-13; 4:15 pm]
BILLING CODE 3510-22-C
