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]
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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
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https://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).
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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
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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
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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
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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
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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
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JUL-AUG
SEP-OCT
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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
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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
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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.
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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.
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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.
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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.
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Rockfish Conservation Area (RCA) 11 :
1
2
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South of34.27' N.lat.
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40'10' N. lat.- 34'27' N. lat.
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SEP-OCT
NOV-DEC
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lather limits and requirements apply-- Read §§660.10 through 660.399 before using this table
JAN-FEB
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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
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Chilipepper
40.10' N.lat.- 34"27' N.lat.
23
24
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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
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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
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Table 2 !South). Continued
32
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-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
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150,000 lb/2
months
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N
1,200 lb/2 months
1,000 lb/2 months
200,000 lb/ 2 months
)>
[D
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en
0
s::::
100,000 lb/2 months
:::r
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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.
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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 :
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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.
.
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100 lbl month
Pacific cod
23
Spiny dogfish
24
Longnose skate
25
200,000 lb/2 months
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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
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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
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5
Minor Slope Rockfish" &
Darkblotched rockfish
Pacific ocean perch
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Table 3 (North). Continued
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JAN-FEB
26
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MAR-APR
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r.AAY-JUN
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JUL-AUG
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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.
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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-<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.
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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.
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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
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Rockfish Conservation Area (RCA) 11 :
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South of 34'27' N. lat.
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40'10' N. lat.- 34'27' N. lat.
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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
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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
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Minor Shelf Rockfish", Shortbelly,
Widow rockfish and Chilipepper
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CLOSED
40.10' N.lat. -34.27' N.lat.
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300 lb/ day, or 1 landing per week of up to 850 lb, not to
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300 lb/2 months
1500 lb/ 2 months
CLOSED
CLOSED
CLOSED
CLOSED
100 lb/2 months
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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:
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[GRAPHIC] [TIFF OMITTED] TR28JN16.003
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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 41874]]
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[[Page 41876]]
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[FR Doc. 2016-15155 Filed 6-27-16; 8:45 a.m.]
BILLING CODE 3510-22-C
