Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments, 41868-41876 [2016-15155]

Download as PDF 41868 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations regulatory flexibility analysis is not required and none was prepared. There are no new reporting or recordkeeping requirements contained in any of the final measures included in this action. Authority: 16 U.S.C. 1801 et seq. Dated: June 22, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Background Changes to Trip Limits the Limited Entry Fixed Gear and Open Access Sablefish Daily Trip Limit Fisheries North of 36° N. lat. [FR Doc. 2016–15202 Filed 6–27–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 140904754–5188–02] RIN 0648–BG08 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015–2016 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 attain their allocations and maintain year-round fishing opportunities while keeping harvest within the annual catch limit (ACL) for sablefish north 36° N. lat. DATES: This final rule is effective June 28, 2016. FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206–526– 6147, fax: 206–526–6736, or email: gretchen.hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: Electronic Access This rule is accessible via the Internet at the Office of the Federal Register Web site at https://www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council’s Web site at VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 http://www.pcouncil.org/. Copies of the final environmental impact statement (FEIS) for the Groundfish Specifications and Management Measures for 2015– 2016 and Biennial Periods Thereafter are available from Chuck Tracy, Acting Executive Director, Pacific Fishery Management Council (Council), 7700 NE Ambassador Place, Portland, OR 97220, phone: 503–820–2280. The best available fisheries information indicates that catch of sablefish in the commercial non-trawl fisheries north of 36° N. lat. in 2016 will be higher than anticipated. The Council considered updated projections and the status of ongoing groundfish fisheries at its March 9–14, 2016, and April 9–14, 2016, meetings. The Council considered 2015 fishery harvest estimates and fishery models, updated with the best estimate reports from the Pacific Fishery Information Network through February 28, 2016. At its March meeting, the Council considered updated projections, indicating that sablefish landings through the end of the year would exceed the sablefish allocation in the limited entry fixed gear daily trip limit (DTL) fishery north of 36° N. lat. Projected landings in the limited entry fixed gear DTL fishery north of 36° N. lat. vary based on assumptions on the price per pound. If no action is taken— and this higher than anticipated catch continues in the limited entry fixed gear DTL fishery—then projected landings range from 90 percent of the allocation (low price assumption) to over 100 percent of the allocation (high price assumption) through the end of the year. In recent years, the Council has taken a precautionary approach to setting trip limits at the start of the year. Setting trip limits to target approximately 90 percent attainment of the allocation allows for flexibility to increase trip limits later in the year if harvest remains at or lower than anticipated levels, and also reduces the risk of early closure if catches are higher than anticipated. The Council considered a modest decrease to the weekly limit in the limited entry fixed gear DTL fishery north of 36° N. lat. With a slightly smaller weekly limit, harvest estimates through the end of the year were reduced to between 81 and 93 percent of the allocation (under low and high price per pound assumptions, respectively). PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 The Council recommended and NMFS is implementing a reduction in the weekly limit for sablefish in the limited entry fixed gear fishery north of 36° N. lat. from ‘‘1,275 lb per week, not to exceed 3,375 lb per two months’’ to ‘‘1,125 lb per week, not to exceed 3,375 lb per two months.’’ At its April meeting, the Council considered 2015 fishery performance, status of ongoing fisheries in 2016, updated projections, and requests from industry regarding the open access DTL fishery north of 36° N. lat. Harvest of sablefish in the open access DTL fishery north of 36° N. lat. exceeded its allocation in 2015. Industry raised concerns that participation levels seen in 2015 may further increase in 2016 due to a predicted poor salmon fishing season and lack of a Dungeness crab fishery off California. If no action is taken and this higher than anticipated catch continues in the open access DTL fishery, landings through the end of the year are projected to be 70 percent of the allocation. The Council considered these updated projections, and concerns and recommendations from industry representatives. Based on public testimony, there is anecdotal evidence of a sharp increase in participation in this fishery, particularly in southern Oregon and northern California ports. Industry representatives recommended a precautionary decrease in trip limits beginning July 1 to slow landings and maintain year-round fishing opportunities. The Council considered a precautionary reduction to open access DTL trip limits to maintain harvest opportunities throughout the year even under much higher participation levels. The Council recommended and NMFS is implementing a reduction in the trip limit for sablefish in the open access fishery north of 36° N. lat. from ‘‘300 lb per day, or one landing per week of up to 1,000 lb, not to exceed 2,000 lb per two months’’ to ‘‘300 lb per day, or one landing per week of up to 850 lb, not to exceed 1,700 lb per two months,’’ beginning July 1, 2016. Decreases to trip limits in the limited entry fixed gear and open access DTL fisheries north of 36° N. lat. are intended to allow year-round fishing opportunities and reduce the risk of closure as occurred in 2015 (when the limited entry fixed gear and open access DTL fisheries north of 36° N. lat. were both closed on November 1, reducing the season length by two months). Classification This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the best available information, consistent E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES 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 June 28, 2016. The Council recommended that these changes be implemented as quickly as possible to reduce harvest of sablefish in the limited entry fixed gear and open access DTL fisheries north of 36° N. lat. based in information available at its VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 March and April meetings. There was not sufficient time after those meetings to draft this document and undergo proposed and final rulemaking before this action needs to be in effect. For the action 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 sablefish ACLs in accordance with the PCGFMP and applicable law. These adjustments to management measures must be implemented in a timely manner to prevent the 2016 sablefish north 36° N. lat. allocations from being exceeded and help ensure year-round fishing opportunities, consistent with objectives of the PCGFMP. No aspect of this action is controversial, and changes of this nature were anticipated in the groundfish biennial harvest specifications and management measures established for 2015–2016. Accordingly, for the reasons stated above, NMFS finds good cause to waive PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 41869 prior notice and comment and to waive the delay in effectiveness. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Reporting and recordkeeping requirements. Dated: June 22, 2016. 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 1. The authority citation for part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 2. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to read as follows: ■ BILLING CODE 3510–22–P E:\FR\FM\28JNR1.SGM 28JNR1 41870 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations Table 2 (North) to Part 660, Subpart E --Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40°10' N. lat. Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table JAN-FEB I MAR-APR I I I MAY-JUN JUL-AUG SEP-OCT I I I 7012016 NOV-DEC Rockfish Conservation Area (RCA) 11 : 1 North of 46' 16' N. lat. 2 46'16' N.lat.- 4iOO' N.lat. 30 fm line 11 - 100 fm line 11 shoreline- 100 fm line 11 3 4iOO' N.lat.- 40.10' N.lat. 30 fm line 11 - 100 fm line 11 See §§660.60 and 660.230 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 restrictiw than Federal trip limits or seasons, particularly in waters off Oregon and California. 4 Minor Slope Rockfish 21 & Darkblotched rockfish 4,000 lb/2 months 5 Pacific ocean perch 1,800 lb/2 months 6 Sablefish 1,275 lb/week, not to exceed 3,375 lb/2 months 1,125 lb/week, not to exceed 3,375 lb/2 months -I )> I 7 Longspine thornyhead 8 9 10 11 12 13 14 15 10,000 lb/2 months Shortspine thornyhead I 2,000 lb/2 months Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other Flatfish 31 2,500 lb/2 months m 5,000 lb/ month r- 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. m 1\) Whiting 10,000 lb/ trip 16 Minor Shelf Rockfish 21 , Shortbelly, Widow & Yellowtail rockfish 200 lb/ month 17 Canary rockfish CLOSED 18 Yelloweye rockfish CLOSED 19 Minor Nearshore Rockfish & Black rockfish 20 North of 4i 00' N. lat. 21 4ioo· N. lat. - 40' 10' N. lat. 22 :::::r 5,000 lb/2 months, no more than 1.200 lb of which may be species other than black rockfish or blue rockfish 41 6,000 lb/2 months. of which no more than 1,200 lb of which may be species other than black rockfish 8,500 lb/2 months, of which no more than 1,200 lb of which may be species other than black rockfish 200 lb/2 months Pacific cod 24 0 ""'' Lingcod 51 23 z 1600 lb/ 1200 lb/ month month 1,200 lb/ 2 months I 1,000 lb/2 months Spiny dogfish 200.000 lb/2 months I 150,000 lb/2 months I 25 Longnose skate Unlimited 26 Other Fish 61& Cabezon in Oregon and California 100,000 lb/2 months Unlimited . J ' ' . I . J' J ' I . I 1/ The Rockfish Conservation Area 1s an area closed to f1sh1ng by particular gear types, bounded by lines specifically defined by lat1tude 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 4i 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 Rockfish and splitnose rockfish is included in the trip limits for Minor Slope Rockfish. I I I I I 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. I 41 For black rockfish north of Cape !IJava (48'09.50' N. lat.), and between Destruction Is. (47'40' N. lat.) and Leadbetter Pnt. (46'38.17' N. lat.), I 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. I I I I I I 51 The minimum size limit for lingcod is 22 inches (56 em) total length North of 4i N. lat. and 24 inches (61 em) total length South of 4i N. lat. VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00084 Fmt 4700 Sfmt 4725 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.002</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 6/ "Other Fish" are defined at§ 660.11 and include kelp greenling, leopard shark. and cabezon in Washington. To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 41871 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / 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 40'10' N.lat. I Rockfish Conservation Area (RCA) 11 : 1 2 I South of34.27' N.lat. I I 40'10' N. lat.- 34'27' N. lat. I I I I JUL-AUG SEP-OCT NOV-DEC I lather limits and requirements apply-- Read §§660.10 through 660.399 before using this table JAN-FEB I MAR-APR I MAY-JUN I I I 7012016 30 fm line 11 - 150 fm line11 60 fm line11 - 150 fm line11 (also applies around islands) See §§660.60 and 660.230 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 restrictiw than Federal trip limits or seasons, particular1y in waters off Oregon and California. 3 4 Splitnose rockfish 5 40,000 lb/2 months, of which no more than 1,375 lb may be blackgill rockfish Minor Slope rockfish 21 & Darkblotched rockfish I 40,000 lb/2 months, of which no more than 1,600 lb Sablefish -1 6 40.10' N.lat.- 36.00' N.lat. 7 1,275 lb/week, not to exceed 3,375 lb/2 months South of 36'oo· N. lat. Longspine thornyhead Shortspine thornyhead 40.10' N.lat.- 34"27' N.lat. South of34.27' N.lat. 8 9 10 11 12 may be blackgill rockfish 40,000 lb/2 months I 1,125 lb/week, not to exceed 3,375 lb/2 months m 2,000 lb/ week 10,000 lb/2 months I 2,000 lb/2 months 2,500 lb/2 months ~ 16 3,000 lb/2 months Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other Flatfish 31 5,000 lb/ month South of 4i 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. 17 18 Whiting 19 Minor Shelf Rockfish 21, Shortbelly, Widow rockfish (including Bocaccio and Chilipepper between 40"10'- 34"27' N. lat.) 10,000 lb/lrip 20 40.10' N.lat.- 34"27' N.lat. 21 South of34.27' N.lat. Mnor 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. 4,000 lb/2 CLOSED 4,000 lb/2 months months I Chilipepper 40.10' N.lat.- 34"27' N.lat. 23 24 I - en 0 s:::: :::r Chilipepper included under minor shelf rockfish, shortbelly, widow rockfish and bocaccio limits-- See above South of34.27' N.lat. 2,000 lb/2 months, this opportunity only available seaward of the non-trawl RCA 25 Canary rockfish 26 Yelloweye rockfish CLOSED 27 Cowcod CLOSED 28 29 Bronzespotted rockfish CLOSED 31 VerDate Sep<11>2014 CLOSED Bocaccio Bocaccio included under Mnor sheW rockfish, shortbelly, widow rockfish & chilipepper limits --See above 40.10' N.lat.- 34"27' N.lat. CLOSED 750 lb/2 months South of34.27' N.lat. 750 lb/ 2 months I 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00085 I Fmt 4700 Sfmt 4725 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.003</GPH> 30 asabaliauskas on DSK3SPTVN1PROD with RULES rm ~ ~ 14 22 )> 41872 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations Table 2 !South). Continued 32 I I I I I I JAN-FEB MAR-APR MAY-JUN JUL-AUG I I I I SEP-OCT NOV-DEC -1 Minor Nearshore Rockfish & Black rockfish 33 34 600 lb/ 2 months Shallow nearshore CLOSED 900 lb/2 months 1800 lb/2 months 900 lb/ 2 months 1,000 lb/2 months Deeper nearshore 40°10' N.lat.- 34°27' N. lat. 700 lb/ 2 months 35 800 lb/2 months 1,000 lb/2 months r 700 lb/2 months CLOSED South of 34°27' N. lat. 500 lb/ 2 months 36 600 lb/2 months 1,200 lb/2 months CLOSED 200 lb/ 2 months CLOSED 37 California scorpionfish 38 Lingcod41 39 Pacific cod 40 Spiny dogfish 41 Longnose skate Unlimited 42 Other Fish 51 & Cabezon Unlimited 400 lb/ 1200 lb/ month month 800 lb/ 2 months I I I 150,000 lb/2 months I m N 1,200 lb/2 months 1,000 lb/2 months 200,000 lb/ 2 months )> [D - en 0 s:::: 100,000 lb/2 months :::r I I I I 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 Mnor 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 Mnor SheW 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. I 41 The commercial mimimum 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 kelp greenling, leopard shark, and cabezon in Washington. VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00086 Fmt 4700 Sfmt 4725 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.004</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 41873 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / 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 40'10' N. lat. Other lim its and requirements apply-- Read §§660.1 0 through 660.399 before using this table JAN-FEB Rockfish Conservation Area (RCA) 11 : I MAR-APR I I I I I I JUL-AUG I SEP-OCT I NOV-DEC I I I I I I I shoreline -100fm line" North of 46'16' N. lat. 1 07012016 r.AAY-JUN 2 46.16' N. lat. - 4iOO' N. lat. 301m line" -100fm line" 3 4iOO' N. lat. - 40"10' N. lat. 301m line 11 -100fm line11 See §§660.60, 660.330 and 660.333 for additional gear, trip linit 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 restrictiw than Federal trip limits or seasons, particularly in waters off Oregon and California. 6 Sablefish 7 Shortpine thornyheads and longspine thornyheads 4 8 9 100 lbl month 300 lb/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2, 000 lb/2 months ~ ~ 13 Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other Flatfish" m 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. Yelloweye rockfish 18 Minor Nearshore Rockfish & Black rockfish 20 4iOO' N. lat.- 40"10' N. lat. . I 100 lbl month Pacific cod 23 Spiny dogfish 24 Longnose skate 25 200,000 lb/2 months Jkt 238001 I 1 200 other than black rockfish 1100 lb/ month 600 lbl month Other Fish" & Cabezon in Oregon and California 17:12 Jun 27, 2016 . IB,OOO,lb/2 lb of which may beno more months, of which than species 8,500 lbl 2 months, ofwh1ch no more than 1,200 lb ofwh1ch may be spec1es other than black rockfish Lingcod" 22 VerDate Sep<11>2014 ""' :::r 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish . 21 0 CLOSED North of 4i00' N. lat. - - 200 lbl month CLOSED 19 w z 300 lbl month 17 )> m Whiting 16 -1 r- CLOSED Minor Shelf Rockfish", Shortbelly, Widow & Yellowtail rockfish Canary rockfish 15 asabaliauskas on DSK3SPTVN1PROD with RULES 300 lb/ day, or 1 landing per week of up to 850 lb, not to exceed 1,700 lbl 2 months 3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. to 14 Per trip, no more than 25% of weight of the sablefish landed 1,000 lb/2 months 150,000 lb/2 months 100,000 lb/2 months Unlimited Unlimited PO 00000 Frm 00087 Fmt 4700 Sfmt 4725 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.005</GPH> 5 Minor Slope Rockfish" & Darkblotched rockfish Pacific ocean perch 41874 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations I Table 3 (North). Continued I JAN-FEB 26 I I MAR-APR I I r.AAY-JUN I I JUL-AUG I SEP-OCT NOV-DEC -1 SALMON TROLL (subject to RCAs W>en retaining all species of grounclflsh, except for yelloiAtail rockflsh and lingcod, as described below) )> m 27 28 29 r- Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for ewry 2 lbs of salmon landed, with a cumulatiw 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 abow, 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 abo...e, unless otherwise stated here. North m w z PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs) 0 ... ::::r Effective April1 -October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 1,500 lb/trip. The following sublimits also apply and are counted toward the owrall 500 lb/day 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 PROHIBilED. All other groundfish species taken are managed under the owrall 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 haw species-specific limits. The amount of groundfish landed may not exceed the amount of pink shrimp landed. North n 0 :::::1 ""t c. I I I I I I I I I I 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-<360.74. 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 Bocacfio, chilipepper and cowcod rockfishes are included in the trip lim its for Minor ~he~ Rociish. Splitnose rockfish is included in the trip limits for minor slope rockfish. 31 "Other flatfish" are defined at § 660.11 and include butter sole, cur~in sole, flathead sole, Pacfic sanddab, rex sole, rock sole, and sand sole. 41 For blat 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 lim it of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. I I I I 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. 61 "Other fish" are defined at§ 660.11 and include kelp greenling, leopard shark, and cabazon in Washington. VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4725 I I I E:\FR\FM\28JNR1.SGM I 28JNR1 I I I ER28JN16.006</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES To convert pounds to kilograms, divide by 2.20462, the nurmer of pounds in one kilogram 41875 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / 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°10' N. lat. 07012016 Other lim its and requirements apply-- Read §§660.1 0 through 660.399 before using this table I I I JAN-FEB I MAR-APR I fiMY-JUN I JUL-AUG I SEP-OCT I NOV-DEC Rockfish Conservation Area (RCA) 11 : 1 2 I I I South of 34'27' N. lat. I 40'10' N. lat.- 34'27' N. lat. I I I I I I I 301m line" -150fm line" 60 fm line11 - 150 fm line11 (also applies around is lands) See §§660.60 and 660.230 for additional gear, trip linit 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 restrictiw than Federal trip limits or seasons, particularly in waters off Oregon and California. 3 Minor Slope Rockfish" & Darkblotched rockfish 4 5 10,000 lb/2 months, of which no more than 4751b may be 10,000 lb/2 months, of which no more than 550 lb may be blackgill rockfish blackgill rockfish Splitnose rockfish Sablefish )> 300 lb/ day, or 1 landing per week of up to 1,000 lb, not to 40.10' N.lat. -36·oo· N. lat. exceed 2, 000 lb/2 months 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. Shortpine thornyheads and longspine thornyheads 8 9 50 lb/ day, no more than 1,000 lb/ 2 months South of 34'27' N. lat. 3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. 13 Dover sole, arrowtooth flounder, petrale sole, English sole, starry 15 flounder, Other Flatfish" ----u- 16 17 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. Whiting 18 300 lbl month 19 40.10' N.lat. -34.27' N.lat. 300 lb/2 months 20 South of 34'27' N. lat. 1500 lb/2 months 27 VerDate Sep<11>2014 I I I CLOSED Canary rockfish Yelloweye rockfish Cowcod Bronzespotted rockfish Bocaccio 40.10' N.lat. -34.27' N.lat. 200 lb/2 months South of 34'27' N. lat. 250 lb/2 months 16:05 Jun 27, 2016 Jkt 238001 r- m PO 00000 I I CLOSED Frm 00089 200 lb/ 2 months I I I Fmt 4700 (/) 0 c :::r Minor Shelf Rockfish", Shortbelly, Widow rockfish and Chilipepper 21 22 23 24 25 26 m w CLOSED 40.10' N.lat. -34.27' N.lat. 10 11 12 asabaliauskas on DSK3SPTVN1PROD with RULES 300 lb/ day, or 1 landing per week of up to 850 lb, not to exceed 1,700 lbl 2 months I 300 lb/2 months 1500 lb/ 2 months CLOSED CLOSED CLOSED CLOSED 100 lb/2 months I 200 lb/2 months 250 lbl 2 months Sfmt 4725 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.007</GPH> 6 -1 200 lbl month 41876 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations [FR Doc. 2016–15155 Filed 6–27–16; 8:45 a.m.] VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4700 Sfmt 9990 E:\FR\FM\28JNR1.SGM 28JNR1 ER28JN16.008</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41868-41876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BG08


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2015-2016 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 attain their allocations 
and maintain year-round fishing opportunities while keeping harvest 
within the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

DATES: This final rule is effective June 28, 2016.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: gretchen.hanshew@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the Pacific 
Fishery Management Council's Web site at http://www.pcouncil.org/. 
Copies of the final environmental impact statement (FEIS) for the 
Groundfish Specifications and Management Measures for 2015-2016 and 
Biennial Periods Thereafter are available from Chuck Tracy, Acting 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE Ambassador Place, Portland, OR 97220, phone: 503-820-2280.

Background

Changes to Trip Limits the Limited Entry Fixed Gear and Open Access 
Sablefish Daily Trip Limit Fisheries North of 36[deg] N. lat.

    The best available fisheries information indicates that catch of 
sablefish in the commercial non-trawl fisheries north of 36[deg] N. 
lat. in 2016 will be higher than anticipated. The Council considered 
updated projections and the status of ongoing groundfish fisheries at 
its March 9-14, 2016, and April 9-14, 2016, meetings. The Council 
considered 2015 fishery harvest estimates and fishery models, updated 
with the best estimate reports from the Pacific Fishery Information 
Network through February 28, 2016.
    At its March meeting, the Council considered updated projections, 
indicating that sablefish landings through the end of the year would 
exceed the sablefish allocation in the limited entry fixed gear daily 
trip limit (DTL) fishery north of 36[deg] N. lat. Projected landings in 
the limited entry fixed gear DTL fishery north of 36[deg] N. lat. vary 
based on assumptions on the price per pound. If no action is taken--and 
this higher than anticipated catch continues in the limited entry fixed 
gear DTL fishery--then projected landings range from 90 percent of the 
allocation (low price assumption) to over 100 percent of the allocation 
(high price assumption) through the end of the year. In recent years, 
the Council has taken a precautionary approach to setting trip limits 
at the start of the year. Setting trip limits to target approximately 
90 percent attainment of the allocation allows for flexibility to 
increase trip limits later in the year if harvest remains at or lower 
than anticipated levels, and also reduces the risk of early closure if 
catches are higher than anticipated. The Council considered a modest 
decrease to the weekly limit in the limited entry fixed gear DTL 
fishery north of 36[deg] N. lat. With a slightly smaller weekly limit, 
harvest estimates through the end of the year were reduced to between 
81 and 93 percent of the allocation (under low and high price per pound 
assumptions, respectively).
    The Council recommended and NMFS is implementing a reduction in the 
weekly limit for sablefish in the limited entry fixed gear fishery 
north of 36[deg] N. lat. from ``1,275 lb per week, not to exceed 3,375 
lb per two months'' to ``1,125 lb per week, not to exceed 3,375 lb per 
two months.''
    At its April meeting, the Council considered 2015 fishery 
performance, status of ongoing fisheries in 2016, updated projections, 
and requests from industry regarding the open access DTL fishery north 
of 36[deg] N. lat. Harvest of sablefish in the open access DTL fishery 
north of 36[deg] N. lat. exceeded its allocation in 2015. Industry 
raised concerns that participation levels seen in 2015 may further 
increase in 2016 due to a predicted poor salmon fishing season and lack 
of a Dungeness crab fishery off California. If no action is taken and 
this higher than anticipated catch continues in the open access DTL 
fishery, landings through the end of the year are projected to be 70 
percent of the allocation. The Council considered these updated 
projections, and concerns and recommendations from industry 
representatives. Based on public testimony, there is anecdotal evidence 
of a sharp increase in participation in this fishery, particularly in 
southern Oregon and northern California ports. Industry representatives 
recommended a precautionary decrease in trip limits beginning July 1 to 
slow landings and maintain year-round fishing opportunities. The 
Council considered a precautionary reduction to open access DTL trip 
limits to maintain harvest opportunities throughout the year even under 
much higher participation levels.
    The Council recommended and NMFS is implementing a reduction in the 
trip limit for sablefish in the open access fishery north of 36[deg] N. 
lat. from ``300 lb per day, or one landing per week of up to 1,000 lb, 
not to exceed 2,000 lb per two months'' to ``300 lb per day, or one 
landing per week of up to 850 lb, not to exceed 1,700 lb per two 
months,'' beginning July 1, 2016.
    Decreases to trip limits in the limited entry fixed gear and open 
access DTL fisheries north of 36[deg] N. lat. are intended to allow 
year-round fishing opportunities and reduce the risk of closure as 
occurred in 2015 (when the limited entry fixed gear and open access DTL 
fisheries north of 36[deg] N. lat. were both closed on November 1, 
reducing the season length by two months).

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information, 
consistent

[[Page 41869]]

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 June 28, 2016.
    The Council recommended that these changes be implemented as 
quickly as possible to reduce harvest of sablefish in the limited entry 
fixed gear and open access DTL fisheries north of 36[deg] N. lat. based 
in information available at its March and April meetings. There was not 
sufficient time after those meetings to draft this document and undergo 
proposed and final rulemaking before this action needs to be in effect. 
For the action 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 sablefish ACLs in accordance with 
the PCGFMP and applicable law. These adjustments to management measures 
must be implemented in a timely manner to prevent the 2016 sablefish 
north 36[deg] N. lat. allocations from being exceeded and help ensure 
year-round fishing opportunities, consistent with objectives of the 
PCGFMP. No aspect of this action is controversial, and changes of this 
nature were anticipated in the groundfish 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, and Reporting and recordkeeping requirements.

    Dated: June 22, 2016.
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. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to 
read as follows:
BILLING CODE 3510-22-P

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


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[[Page 41876]]


[GRAPHIC] [TIFF OMITTED] TR28JN16.008

[FR Doc. 2016-15155 Filed 6-27-16; 8:45 a.m.]
BILLING CODE 3510-22-C