Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 43272-43280 [2014-17579]
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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
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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.
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Authority: 16 U.S.C. 1801 et seq.
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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.
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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.
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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
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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
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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:
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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.
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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;·;;·;;
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
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I
CLOSED
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1300 lb/ 2 months
Sfmt 4725
500 lb/ 2 months
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30
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2,500 lb/ 2 months
3,000 lb/ 2 months
South of34'27' N.lat.
20
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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."
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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
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200,000 lb/2 months
150,000 lb/2
months
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23
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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
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n
0
::::1
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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
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CLOSED
100 lb/ 2 months
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[FR Doc. 2014–17579 Filed 7–22–14; 4:15 p.m.]
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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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[GRAPHIC] [TIFF OMITTED] TR25JY14.025
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[GRAPHIC] [TIFF OMITTED] TR25JY14.026
[[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]]
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[[Page 43279]]
[GRAPHIC] [TIFF OMITTED] TR25JY14.029
[[Page 43280]]
[GRAPHIC] [TIFF OMITTED] TR25JY14.030
[FR Doc. 2014-17579 Filed 7-22-14; 4:15 p.m.]
BILLING CODE 3510-22-C