Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments, 17094-17096 [2016-06908]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17094-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF92


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.

[[Page 17095]]


ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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SUMMARY: This final rule announces an inseason change to management 
measures in the Pacific Coast groundfish fishery. This action, which is 
authorized by the Pacific Coast Groundfish Fishery Management Plan 
(PCFMP) and the Northern Pacific Halibut Act, implements changes to the 
incidental retention allowance for halibut in the limited entry fixed 
gear sablefish primary fishery.

DATES: Effective 1200 hours (local time) March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Sarah Williams (West Coast Region, 
NMFS), phone: 206-526-4646, sarah.williams@noaa.gov

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This final rule is accessible via the Internet at the Office of the 
Federal Register 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.
    The International Pacific Halibut Commission (IPHC) establishes 
total allowable catch (TAC) amounts for Pacific halibut each year in 
January. Under the authority of the Northern Pacific Halibut Act, and 
implementing regulations at 50 CFR 300.63, a Catch Sharing Plan for 
IPHC Area 2A (waters off the U.S. West Coast), developed by the Council 
and implemented by the Secretary, allocates portions of the annual TAC 
among fisheries off Washington, Oregon, and California.
    Pacific halibut is generally a prohibited species for vessels 
fishing in Pacific coast groundfish fisheries, unless explicitly 
allowed in groundfish regulations and authorized by the Pacific halibut 
Catch Sharing Plan.
    In years where the Pacific halibut TAC is above 900,000 lb (408.2 
mt), the Catch Sharing Plan allows the limited entry fixed gear 
sablefish primary fishery an incidental total catch allowance for 
Pacific halibut north of Pt. Chehalis, WA (46[deg]53.30' N. lat.). The 
2016 Pacific halibut Area 2A TAC is 1,140,000 lb (517.1 mt). Consistent 
with the provisions of the Catch Sharing Plan, the limited entry fixed 
gear sablefish primary fishery is allowed an incidental total catch 
limit of 49,686 lb (22.54 mt) for 2016.
    At its March 2016 meeting, the Council considered the new 2016 
total allowable catch (TAC) for Pacific halibut in Area 2A (waters off 
the U.S. West coast), and the total catch of Pacific halibut in the 
limited entry fixed gear sablefish primary fishery in recent years. 
Because the 2016 allocation of halibut to the sablefish primary fishery 
is similar to landings in 2007 and 2008, the Council recommended a 
landing restriction similar to the one approved in those years of 110 
lbs of halibut for every 1,000 lbs of sablefish and up to two 
additional halibut in excess of the ratio. NMFS notes that, given the 
increased allocation in 2016, liberalizing the incidental catch 
restrictions is anticipated to allow total catch of Pacific halibut to 
approach, but not exceed, the 2016 allocation for the sablefish primary 
fishery.
    In order to allow incidental halibut catch in the sablefish primary 
fishery to begin on April 1, the Council recommended and NMFS is 
implementing incidental halibut retention regulations at 50 CFR 
660.231(b)(3)(iv) to allow the catch ratio of ``110 lb (50 kg) dressed 
weight of halibut for every 1,000 pounds (454 kg) dressed weight of 
sablefish landed and up to 2 additional halibut in excess of the 110-
pounds-per-1,000-pound ratio per landing'' to be in effect ``From April 
1 through October 31.''
    The retention limits for halibut were not revised as part of the 
2015-2016 harvest specifications and management measures because the 
Pacific halibut TAC is developed each year based on the most current 
scientific information, and the TAC for 2016 was not determined until 
the IPHC meeting in January, 2016.

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. The 
adjustment to the halibut incidental catch restrictions in the limited 
entry fixed gear sablefish primary fishery is taken under the authority 
of the Magnuson Stevens Act, based on actions taken under the Northern 
Pacific Halibut Act and implementing regulations, and is consistent 
with the approved Catch Sharing Plan.
    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 March 25, 2016.
    As described above, this inseason action is based on information 
that became available very recently. The changes to the incidental 
halibut retention in the sablefish primary fishery north of Pt. 
Chehalis, WA (46[deg]53.30' N. lat.), and the subsequent proposed 
management measure changes are based in part on decisions made by the 
IPHC at its January 2016 meeting. At that meeting, the IPHC determined 
the 2016 halibut TAC based on the most current scientific information 
regarding the status of the halibut stock. Based on this action, the 
Council made its final recommendations at its March 9-14, 2016 meeting. 
The Council considered the public comments on this matter and 
recommended that these changes be implemented by April 1, 2016. There 
was not sufficient time after that meeting to complete notice and 
comment rulemaking before these changes 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, allocations in accordance with the 
PCGFMP, the Northern Pacific Halibut Act, and other applicable laws. 
The adjustments to management measures in this document affect 
commercial fisheries off Washington State. These adjustments to 
management measures must be implemented in a timely manner, by April 1, 
2016 or as quickly as possible thereafter, to allow incidental catch of 
halibut in the sablefish primary fishery, reducing regulatory discards, 
while keeping total catch below the 2016 halibut Area 2A allocation.

[[Page 17096]]

    No aspect of this action is controversial, and changes of this 
nature were anticipated in the biennial harvest specifications and 
management measures established for 2015-2016.
    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: March 23, 3016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. In Sec.  660.231, revise paragraph (b)(3)(iv) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N. lat.). From April 1 through October 31, vessels 
authorized to participate in the sablefish primary fishery, licensed by 
the International Pacific Halibut Commission for commercial fishing in 
Area 2A (waters off Washington, Oregon, California), and fishing with 
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N. lat.) may 
possess and land up to the following cumulative limits: 110 lb (50 kg) 
dressed weight of halibut for every 1,000 pounds (454 kg) dressed 
weight of sablefish landed and up to 2 additional halibut in excess of 
the 110-pounds-per-1,000-pound ratio per landing. ``Dressed'' halibut 
in this area means halibut landed eviscerated with their heads on. 
Halibut taken and retained in the sablefish primary fishery north of 
Pt. Chehalis may only be landed north of Pt. Chehalis and may not be 
possessed or landed south of Pt. Chehalis
* * * * *
[FR Doc. 2016-06908 Filed 3-25-16; 8:45 am]
 BILLING CODE 3510-22-P