Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 43272-43280 [2014-17579]

Download as PDF rmajette on DSK2TPTVN1PROD with RULES 43272 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations small entities and therefore will impact a substantial number of these small entities in the same manner. Therefore, this final rule will not create disproportionate costs between small and large vessels/businesses. The profitability of these vessels as a result of this action is based on the average Pacific sardine ex-vessel price per mt. NMFS used average Pacific sardine ex-vessel price per mt to conduct a profitability analysis because cost data for the harvesting operations of CPS finfish vessels was unavailable. For the 2013 fishing year, approximately 64,000 mt were available for harvest by the directed fishery. Approximately 63,000 mt (approximately 7,100 mt in California and 56,000 mt in Oregon and Washington) of this allocation was harvested during the 2013 fishing season, for an estimated ex-vessel value of $14 million. Using these figures, the average 2013 ex-vessel price per mt of Pacific sardines was approximately $229 during that time period. The initial non-tribal commercial fishing quota for the 2014–2015 Pacific sardine fishing season (July 1, 2014 through June 30, 2015) is 19,293 metric tons (mt). This is approximately 38,000 mt less than the equivalent allocation for 2013 and approximately 27,000 mt lower than the previous lowest level set in 2011. If the fleet were to take the entire 2014–2015 quota, and assuming a coastwide average ex-vessel price per mt of $218 (average of 2012 and 2013 exvessel), the potential revenue to the fleet would be approximately $3.87 million. Therefore the action will decrease small entities’ potential profitability compared to last season, due to the lower quota this fishing season. The release of any unused portion of the 4,000 mt set-aside for the Quinault Indian Nation should they decide to do so might be used to supplement the amount available to the directed fishery as occurred in 2012 and 2013, thereby increasing the potential revenue to the fleet. Additionally, revenue derived from harvesting Pacific sardine is typically only one factor determining the overall revenue for a majority of the vessels that harvest Pacific sardine; as a result, the economic impact to the fleet from the action cannot be viewed in isolation. From year to year, depending on market conditions and availability of fish, most CPS/sardine vessels supplement their income by harvesting other species. Many vessels in California also harvest anchovy, mackerel, and in particular squid, making Pacific sardine only one component of a multi-species CPS fishery. For example, market squid have been readily available to the fishery in VerDate Mar<15>2010 15:26 Jul 24, 2014 Jkt 232001 California over the last three years with total annual ex-vessel revenue averaging approximately $66 million over that time, compared to an annual average exvessel from sardine of $16 million over that same time period. Additionally, many sardine vessels that operate off of Oregon and Washington also fish for salmon in Alaska or squid in California during times of the year when sardine are not available. These vessels typically rely on multiple species for profitability because abundance of sardine, like the other CPS stocks, is highly associated with ocean conditions and different times of the year, and therefore are harvested at various times and areas throughout the year. Because each species responds to ocean conditions in its own way, not all CPS stocks are likely to be abundant at the same time; therefore, as abundance levels and markets fluctuate, it has necessitated that the CPS fishery as a whole rely on a group of species for its annual revenues. Therefore, although there will be a potential reduction in sardine revenue for the small entities affected by this action as compared to the previous season, it is difficult to predict exactly how this reduction will impact overall annual revenue for the fleet. No significant alternatives to this action exist that would accomplish the stated objectives of the applicable statutes and which would minimize any significant economic impact of this action on the affected small entities. The CPS FMP and its implementing regulations require NMFS to calculate annual harvest levels by applying the harvest control rule formulas to the current stock biomass estimate. Therefore, if the estimated biomass decreases or increases from one year to the next, so do the applicable quotas. Determining the annual harvest levels merely implements the established procedures of the FMP with the goal of continuing to provide expected net benefits to the nation, regardless of what the specific annual allowable harvest of Pacific sardine is determined to be. There are no reporting, recordkeeping, or other compliance requirements required by this final rule. Additionally, no other Federal rules duplicate, overlap or conflict with this final rule. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. PO 00000 Authority: 16 U.S.C. 1801 et seq. Frm 00042 Fmt 4700 Sfmt 4700 Dated: July 15, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–17631 Filed 7–23–14; 11:15 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 120814338–2711–02] RIN 0648–BE39 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) July 25, 2014. FOR FURTHER INFORMATION CONTACT: Colby Brady (West Coast Region, NMFS), phone: 206–526–6117, fax: 206– 526–6736, colby.brady@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, or https://federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council’s Web site at https://www.pcouncil.org/. Copies of the final environmental impact statement (FEIS) for the 2013–2014 Groundfish Specifications and Management Measures are available from Donald McIsaac, Executive Director, Pacific Fishery Management Council (Council), 7700 NE Ambassador Place, Portland, OR 97220, phone: 503–820–2280. E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations 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 coordination 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, 2014 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 than originally projected through the end of the year. rmajette on DSK2TPTVN1PROD with RULES 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 88 percent (187.2 mt) of the LEFG harvest guideline (214 mt) and 45 percent (156.8 mt) of the OA VerDate Mar<15>2010 15:26 Jul 24, 2014 Jkt 232001 harvest guideline (352 mt) under current trip limits. With the increase in trip limits, predicted harvest assuming medium ex-vessel price curves, is 91 percent (194.3 mt) of the LEFG harvest guideline (214 mt) and 66 percent (233.2 mt) of the OA harvest guideline (352 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 ‘‘1,000 lb (453 kg) per week, not to exceed 3,000 lb (1,361 kg) per two months’’ beginning during 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 800 lb (363 kg), not to exceed 1,600 lb (726 kg) per two months’’ to ‘‘350 lb (159 kg) per day, or one landing per week of up to 1,600 lb (726 kg), not to exceed 3,200 lb (1,452 kg) per two months’’ during 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, West Coast Region, NMFS, during business hours. 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 30day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become effective July 25, 2014. 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 was not sufficient time after that meeting to draft this document and PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 43273 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 as quickly as possible during the JulyAugust 2-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. 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 July 25, 2014, allows harvest as intended by the Council, consistent with the best scientific information available. These changes allow additional harvest in fisheries that are important to coastal communities while continuing to prevent 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: July 22, 2014. Alan D. Risenhoover, 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: E:\FR\FM\25JYR1.SGM 25JYR1 43274 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq. PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ 2. Tables 2 (North) and 2 (South) to part 660, subpart E, are revised to read as follows: ■ BILLING CODE 3510–22–P Table 2 (North) to Part 660, Subpart E •• Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40'1 0' N. lat. Other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table JAN-FEB MAR-APR MAY-JUN Rockfish Conservation Area (RCA)": 1 2 3 8012014 SEP-OCT JUL-AUG NOV-DEC shoreline - 100 fm line 11 30 fm line" -100 fm line 20 fm depth contour- 100 1m line North of 46'16' N. lat. 46'16' N. lat.- 42'00' N. lat. 42 00' N. lat.- 40 10' N. lat. See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 4 Minor slope rockfish~ & Darkblotched rockfish 4,000 lb/ 2 months 5 Pacific ocean perch 1,800 lb/ 2 months 6 Sablefish 950 lb/ week, not to exceed 2,850 lb/2 months 1,000 lb/ week, not to exceed 3,000 lb/ 2 months -1 )> OJ Longspine thornyhead 8 Shortspine thornyhead 9 r- 10,000 lb/ 2 months m Doversole 2,000 lb/2 months 2,500 lb/ 2 months 10 ·ArroWi'oo!ii·nc;;:;·;;·Ci&<................................................. 11 12 ................................................................................. 5,000 lb/ month Petrale sole ......................................................................... South of 42° N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more than 12 English sole hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to 13 ::~:§:~:!:~~~:~:~!-~ 14 Other flatfish 31 15 Whiting . . . . . . . . .: : : : : : : : : : : : : : : : : : : : : : : . shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs. 0 ., 10,000 lb/ trip rockfish 21, 16 Minor shelf Shortbelly, Widow & Yellowtail rockfish 17 Canary rockfish CLOSED 18 Yelloweye rockfish CLOSED 19 Minor nearshore rockfish & Black 200 lb/ month ::::r 20 North of 42'00' N. lat. 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish or blue rockfish 41 21 42'00' N. lat. - 40'1 0' N. lat. 8,500 lb/2 months, of which no more than 1,200 lb of which may be species other than black rocklish 22 Lingcod~ 23 Pacific cod 24 CLOSED I I 400 lb/ CLOSE D 800 lb/ 2 months I 1 month 1,000 lb/ 2 months 200,000 lb/2 months Spiny dogfish 150,000 lb/2 1 months 25 Longnose skate Otherfish 61 100,000 lb/2 months Unlimited 26 Unlimited 1/ The Rockllsh Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm depth contour boundary south of 42' N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose other than transiting. 21 Bocaccio, chilipepper and cowcod are included in the trip limits for minor shelf rocklish and splitnose rockfish is included in the trip limits for minor slope rockfish. 3/"0ther flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 41 For black rockfish north of Cape Alava (48'09.50' N. lat.), and between Destruction Is. (47"40' N. lat.) and Leadbetter Pnt. (46°38.17' N. lat.), there is an additional limit of 100 lb or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 5/ The minimum size limit for lingcod is 22 inches (56 em) total length North of 42' N. lat. and 24 inches (61 em) total length South of 42' N. lat. 6/ "Other fish" are defined at§ 660.11 and include sharks (except spiny dogfish), skates (except long nose skates), raffish, morids, grenadiers, and kelp greenling. Cabazon are included in the trip limits for "other fish." To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. VerDate Mar<15>2010 15:26 Jul 24, 2014 Jkt 232001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4725 E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.024</GPH> rmajette on DSK2TPTVN1PROD with RULES z 43275 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Table 2 (South} to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°1 0' N. lat. Other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table JAN-FEB MAR-APR MAY-JUN Rockfish Conservation Area (RCA)": 40'10' N. lat.- 34'27' N.lat. 1 ...................................................................................................... 2 South of 34'27' N. lat. 8012014 JUL-AUG SEP-OCT NOV-DEC 30 fm line 11 - 150 fm line 11 ···························· ········ · .....ii.oiiTi. iiriEi·'r:·isa··in; ·iiria·'riaisaa·ii·P"iies·a·;c;·;;·;;<i··isia·;;·ii·;;j··························································· See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 3 Minor slope rockfish" & Darkblotched rockfish 4 Splitnose rockfish 5 Sablefish 6 40,000 lb/2 months, of which no more than 1,375 lb may be blackgill rockfish 40,000 lb/ 2 months 950 lb/ week, not to exceed 2,850 lb/2 months 40'1 0' N. lat. - 36'00' N. lat. 1,000 lb/ week, not to exceed 3,000 lb/2 months -1 )> 7 m 2,000 lb/ week South of 36'00' N. lat. 8 Longspine thornyhead 9 10 11 12 13 14 15 16 17 Shortspine thornyhead Arrowtooth flounder 18 Whiting 19 Minor shelf rockfish", Shortbelly, Widow rockfish (including Bocaccio and Chilipepper between 40'10'- 34'27' N. lat.) I 2,000 lb/2 months 40'10' N.lat.- 34'27' N.lat. 5,000 lb/ month South of 42' N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs. Petrale sole English sole Starry flounder Other flatfish~ South of 34 '27' N. lat. Minor shelf rockfish, shortbelly, widow rockfish, bocaccio & chilipepper: 2,500 lb/2 months, of which no more than 500 lb may be any species other than chilipepper. 3,000 lb/2 months 22 -~~ilil_l~!'!'.".'....... 40'10' N.lat.- 34'27' N.lat. 24 South of 34 '27' N. lat. I CLOSED I 3,000 lb/2 months en 0 10,000 lb/ trip 40'10' N.lat.- 34'27' N.lat. 23 m N Dover sole 21 4,000 lb/ 2 months c ::r Chili pepper included under minor shelf rockfish, shortbelly, widow rockfish and bocaccio limits -- See above 2,000 lb/ 2 months, this opportunity only available seaward of the non-trawl RCA 25 Canary rockfish CLOSED 26 Yelloweye rockfish CLOSED 27 Cowcod CLOSED 28 Bronzespotted rockfish CLOSED 29 Bocaccio 40'10' N.lat.- 34'27' N.lat. Bocaccio included under Minor shelf rockfish, shortbelly, widow rocikfish & chilipepper limits - - See above 31 15:26 Jul 24, 2014 South of 34 '27' N. lat. 300 lb/2 months Jkt 232001 PO 00000 Frm 00045 I CLOSED Fmt 4700 1300 lb/ 2 months Sfmt 4725 500 lb/ 2 months E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.025</GPH> 30 rmajette on DSK2TPTVN1PROD with RULES 2,500 lb/ 2 months 3,000 lb/ 2 months South of34'27' N.lat. 20 VerDate Mar<15>2010 r- 10,000 lb/ 2 months 43276 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Table 2 (South). Continued JAN-FEB 32 33 34 MAR-APR 600 lb/ 2 months CLOSED MAY-JUN JUL-AUG Shallow nearshore NOV-DEC -1 1: ; 800 lb/2 months 900 lb/2 months 800 lb/2 months )> 1,0001b/2 months n.===~=--------r----~------~----~-----L----~----_,m _D_e~ep_e_r_ne_a_rn_h_or_e____________-i----------r---------,----------r--------------------~--------~ r- 35 40°10' N. lat. - 34°27' N. lat. 700 lb/2 months 700 lb/2 months CLOSED 36 37 SEP-OCT Minor nearshore rockfish & Black rockfish South of 34°27' N. lat. 500 lb/2 months m 1,000 lb/ 2 months 900 lb/ 2 months 600 lb/2 months 1,200 lb/ 2 months California scorpionfish BOO lb/2 months 400 lb/ ICLOSE - en 38 Lingcod 41 39 Pacific cod 40 Spiny dogfish 41 Unlimited Longnose skate ------~------------------~-------------------------------------------------------------1~ Otherfish 61 Unlimited 42 CLOSED month ID 0 1,000 lb/2 months 1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose other than transiting. 21 POP is included in the trip limits for minor slope rockfish. Blackgill rockfish have a species specific trip sub-limit within the minor slope rockfish cumulative limit. Yellowtail rockfish are included in the trip limits for minor shelf rockfish. Bronzespotted rockfish have a species specific trip limit. 3/ "Other flatfish" are defined at § 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 4/ The commercial mimi mum size limit for lingcod is 24 inches (61 em) total length South of 42° N. lat. 51 "Other fish" are defined at§ 660.11 and include sharks (except spiny dogfish), skates (except longnose skates), ratfish, morids, grenadiers, and kelp greenling. Cabezon and long nose skate are included in the trip limits for "other fish." VerDate Mar<15>2010 16:53 Jul 24, 2014 Jkt 232001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4725 E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.026</GPH> rmajette on DSK2TPTVN1PROD with RULES To convert pounds to kilograms, divide by 2.20462, the number of pounds In one kilogram. 43277 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations 3. Table 3 (North) and 3 (South) to part 660, subpart F, are revised to read ■ as follows: Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40"1 0' N. lat. Other limits and reauirements aoolv -- Read &&660.1 0 throuah 660.399 before usina this table JAN-FEB MAR-APR MAY-JUN 8012014 JUL-AUG SEP-OCT NOV-DEC Rockfish Conservation Area (RCA) 11 : 1 shoreline - 100 fm line 11 30 fm line" -100 fm line" North of 46'16' N. lat. 2 46'16' N. lat.- 42'00' N. lat. 42'00' N. lat.- 40'10' N. lat. 3 20 fm depth contour -100 fm line" See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 4 Minor slope rockfish~ & Darkblotched rockfish 5 Pacific ocean perch 6 Sablefish 7 100 lb/ month 300 lb/ day, or 1 landing per week of up to 800 lb, not to exceed 1,600 lb/2 months Thornyheads 8 Per trip, no more than 25% of weight of the sablefish landed Dover sole 350 lb/ day, or 1 landing per week of up to 1,600 lb, not to exceed 3,200 lb/2 months 9 m 3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. Arrowtooth flounder Petrale sole 11 English sole w South of 42' N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. z 0 12 Starry flounder 13 Other flatfish~ 14 Whiting 300 lb/ month 15 Minor shelf rockfish~. Shortbelly, Widow & Yellowtail rockfish 200 lb/ month 16 Canary rockfish CLOSED 17 Yelloweye rockfish CLOSED 18 Minor nearshore rockfish & Black rockfish .., :::r 19 North of 42'00' N. lat. 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish 20 42'00' N. lat. - 40'1 0' N. lat. 8,500 lb/ 2 months, of which no more than 1,200 lb may be species other than black rockfish 21 Lingcod~ 22 Pacific cod CLOSED I 1,000 lb/ 2 months I Longnose skate Unlimited 25 Other fish" Unlimited Jkt 232001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4725 100,000 lb/2 months E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.027</GPH> Spiny dogfish 16:53 Jul 24, 2014 200,000 lb/2 months 150,000 lb/2 months 24 rmajette on DSK2TPTVN1PROD with RULES lcLgsE 400 lb/ month 23 VerDate Mar<15>2010 > m r- CLOSED 10 -1 43278 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Table 3 (North). Continued JAN-FEB 26 I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish and lingcod, as described below) -1 )> o:J 27 28 29 Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lbs of salmon landed, with a cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 200 lb per month combined limit for minor shelf rockfish, widow rockfish and yellowtail rockfish, and not in addition to that limit. Salmon trollers may retain and land up to 1 lingcod per 15 Chinook per trip, plus 1 lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only applies during times when lingcod retention is allowed, and is not "CLOSED." This limit is within the per month limit for lingcod described in the table above, and not in addition to that limit. All groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here. North w z 0 ., PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs) Effective April1 -October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 1,500 lbltrip. The following sublimits also apply and are counted toward the overall 500 lblday and 1,500 lb/trip groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lb/month; canary, thomyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and 1,500 lb/trip groundfish limits. Landings of these species count toward the per day and per trip groundfish limits and do not have species-specific limits. The amount of groundfish landed may not exceed the amount of pink shrimp landed. North r- m -: c :::r n 0 ::::1 VerDate Mar<15>2010 15:26 Jul 24, 2014 Jkt 232001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4725 E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.028</GPH> rmajette on DSK2TPTVN1PROD with RULES 11 The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm depth contour boundary south of 42" N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose other than transiting. 21 Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for minor shelf rockfish. Splitnose rockfish is included in the trip limits for minor slope rockfish. 31 "Other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 41 For black rockfish north of Cape Alava (48°09.50' N. lat.), and between Destruction Is. (47"40' N. lat.) and Leadbetter Pnt. (46°38.17' N. lat.), there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 51 The minimum size limit for lingcod is 22 inches (56 em) total length North of 42" N. lat. and 24 inches (61 em) total length South of 42" N. lat. 61"0ther fish" are defined at § 660.11 and include sharks (except spiny dogfish), skates (except longnose skates), raffish, morids, grenadiers, and kelp greenling. Cabezon are included in the trip limits for "other fish." To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 43279 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Table 3 (South) to Part 660, Subpart F --Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40"1 0' N. lat. other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table JAN-FEB MAR-APR MAY-JUN JUL-AUG Rockfish Conservation Area (RCA) 11 : 1 40"10' N. lat.- 34"27' N.lat. 30 fm line" -150 fm line" 2 8012014 SEP-OCT NOV-DEC 60 fm line 11 - 150 fm line 11 (also applies around islands) South of 34'27' N. lat. See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 3 Minor slope rockfishu & Darkblotched rockfish 4 Splitnose rockfish 5 Sablefish 10,000 ib/2 months, of which no more than 4751b may be blackgill rockfish 200 lb/ month 300 lb/ day, or 1 landing per week of up to 800 lb, not to exceed 1,600 lb/2 months 40"1 0' N. lat. - 36"00' N. lat. 6 350 lb/ day, or 1 landing per week of up to 1,600 lb, not to exceed 3,200 lb/2 months -1 )> m 7 300 lb/ day, or 1 landing per week of up to 1,600 lb, not to exceed 3,200 lb/2 months South of 36"00' N. lat. r- m 8 w Thornyheads 9 South of 34 "27' N. lat. 11 Arrowtooth flounder 13 50 lb/ day, no more than 1,000 lb/2 months Dover sole 12 Petrale sole 3,000 ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs. South of 42" N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. English sole 15 Starry flounder 16 Other flatfish~ 17 Whiting 18 - Minor shelf rockfish 21, Shortbelly, Widow rockfish and Chilipepper 300 lb/ month 40"10' N.lat.- 34"27' N.lat. 300 lb/2 months 19 200 lb/ 2 months I CLOSED South of 34 "27' N. lat. 750 lb/ 2 months 20 750 lb/2 months Canary rockfish Yelloweye rockfish Cowcod CLOSED 24 Bronzespotted rockfish CLOSED 25 1,000 lb/ 2 months CLOSED 23 300 lb/ 2 months CLOSED 22 ::r Bocaccio 26 40"10' N. lat.- 34"27' N.lat. 200 ib/ 2 months ....................................... ...................................................... ............................................... 27 15:26 Jul 24, 2014 South of 34 "27' N. lat. 100 lb/2 months Jkt 232001 PO 00000 Frm 00049 . . . . . . . . . . . . . .:r . . . . . . . . . . . . . ..I.. . . . . . . . . . . . . . . . . . 100 lb/ 2 months CLOSED 100 lb/ 2 months Fmt 4700 Sfmt 4725 .. 200 lb/ 2 months ..................................... 200 lb/ 2 months E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.029</GPH> 21 rmajette on DSK2TPTVN1PROD with RULES 0 c 14 VerDate Mar<15>2010 en CLOSED 40"10' N.lat.- 34"27' N.lat. 10 43280 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations [FR Doc. 2014–17579 Filed 7–22–14; 4:15 p.m.] VerDate Mar<15>2010 15:26 Jul 24, 2014 Jkt 232001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\25JYR1.SGM 25JYR1 ER25JY14.030</GPH> rmajette on DSK2TPTVN1PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43272-43280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17579]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120814338-2711-02]
RIN 0648-BE39


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) July 25, 2014.

FOR FURTHER INFORMATION CONTACT: Colby Brady (West Coast 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, or https://federalregister.gov. Background information and 
documents are available at the Pacific Fishery Management Council's Web 
site at https://www.pcouncil.org/. Copies of the final environmental 
impact statement (FEIS) for the 2013-2014 Groundfish Specifications and 
Management Measures are available from Donald McIsaac, Executive 
Director, Pacific Fishery Management Council (Council), 7700 NE 
Ambassador Place, Portland, OR 97220, phone: 503-820-2280.

[[Page 43273]]

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 coordination 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, 2014 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 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 88 percent 
(187.2 mt) of the LEFG harvest guideline (214 mt) and 45 percent (156.8 
mt) of the OA harvest guideline (352 mt) under current trip limits. 
With the increase in trip limits, predicted harvest assuming medium ex-
vessel price curves, is 91 percent (194.3 mt) of the LEFG harvest 
guideline (214 mt) and 66 percent (233.2 mt) of the OA harvest 
guideline (352 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 ``1,000 lb (453 kg) per 
week, not to exceed 3,000 lb (1,361 kg) per two months'' beginning 
during 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 800 lb (363 kg), not to exceed 1,600 lb (726 
kg) per two months'' to ``350 lb (159 kg) per day, or one landing per 
week of up to 1,600 lb (726 kg), not to exceed 3,200 lb (1,452 kg) per 
two months'' during 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, West Coast 
Region, NMFS, during business hours.
    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 July 25, 2014.
    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 as quickly as possible during the July-August 2-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. 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 July 25, 
2014, allows harvest as intended by the Council, consistent with the 
best scientific information available. These changes allow additional 
harvest in fisheries that are important to coastal communities while 
continuing to prevent 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: July 22, 2014.
Alan D. Risenhoover,
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:

[[Page 43274]]

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.


0
2. Tables 2 (North) and 2 (South) to part 660, subpart E, are revised 
to read as follows:
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[[Page 43277]]



0
3. Table 3 (North) and 3 (South) to part 660, subpart F, are revised to 
read as follows:
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[[Page 43278]]


[GRAPHIC] [TIFF OMITTED] TR25JY14.028


[[Page 43279]]


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[[Page 43280]]


[GRAPHIC] [TIFF OMITTED] TR25JY14.030

[FR Doc. 2014-17579 Filed 7-22-14; 4:15 p.m.]
BILLING CODE 3510-22-C
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