Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments, 60288-60295 [2016-21091]
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60288
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
quota adjustments to the fishing
categories, give them a reasonable
opportunity to catch available quota,
and provide them the opportunity for
planning operations accordingly.
This action is being taken under
§§ 635.27(e) and 635.27(a)(10) and is
exempt from review under Executive
Order 12866.
This final rule does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–21067 Filed 8–31–16; 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–BG27
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 access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
September 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Benjamin Mann, phone: 206–526–6117,
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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fax: 206–526–6736, or email:
benjamin.mann@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,
Executive Director, Pacific Fishery
Management Council (Council), 7700
NE Ambassador Place, Portland, OR
97220, phone: 503–820–2280.
Background
The Pacific Fishery Management
Council (Council)—in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California—recommended changes to
groundfish management measures at its
June 21–28, 2016, meeting. Specifically,
the Council recommended taking a
portion of the Pacific ocean perch (POP)
initially deducted from the annual catch
limit (ACL) and making it available to
the mothership (MS) sector; a trip limit
increase for black rockfish in the limited
entry fixed gear (LEFG) and open access
(OA) fisheries in northern California;
and trip limit reductions in the OA
sablefish daily trip limit (DTL) fishery
north of 36° N. lat.
Transferring POP to the Mothership
Sector
As part of biennial harvest
specifications and management
measures, ACLs are set for non-whiting
groundfish species, deductions are
made ‘‘off-the-top’’ from the ACL to
account for various sources of mortality
(including scientific research activities)
and the remainder, the fishery harvest
guideline, is allocated among the
various groundfish fisheries. The
limited availability of overfished species
that can be taken as incidental catch in
the Pacific whiting fishery, particularly
darkblotched rockfish, POP, and canary
rockfish, led NMFS to implement
sector-specific allocations for these
species to the Pacific whiting fisheries.
If the sector-specific allocation for a
non-whiting species is reached, NMFS
may close one or more of the at-sea
sectors automatically, per regulations at
§ 660.60(d).
At the June, 2016 meeting, MS and
catcher/processor (C/P) sectors
requested more POP to accommodate
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higher than anticipated harvest and
prevent closure of the fishery prior to
harvesting their allocations of Pacific
whiting.
At the start of 2016, the MS and C/P
sectors of the Pacific whiting fishery
were allocated 7.2 mt and 10.2 mt of
POP respectively, per regulations at
§ 660.55(c)(1)(i)(B). According to the
best fishery information available at the
June 2016 meeting, POP bycatch in the
MS sector was approximately double
2016 POP bycatch projections. At that
time, best available information
regarding bycatch rates of POP in the
MS sector indicated that if those rates
continued, only 53 percent (38,246 mt)
of the Pacific whiting allocation would
be harvested by the end of the 2016
fishery. Therefore, the Council
recommended that NMFS monitor
fishery harvest of Pacific whiting and
POP relative to their respective at-sea
sector allocations, update projections of
Pacific whiting allocation attainment
based on new, updated POP bycatch
rates, and if necessary, transfer some
POP that would otherwise go
unharvested to either the MS or C/P
sectors as needed.
Current projections by the Northwest
Fishery Science Center indicate that
approximately 3.7 mt of POP off-the-top
deductions for scientific research would
remain unharvested through the end of
the year. As of August 11, 2016, the C/
P sector has only harvested
approximately 4.1 percent (0.41 mt) of
its 2016 POP allocation indicating the
C/P sector has sufficient POP allocation
to cover their Pacific whiting harvests.
However, approximately 70 percent (5.0
mt) of the total MS sector POP
allocation has been harvested and only
approximately 47 percent (34,256.46 mt)
of the Pacific whiting allocation has
been harvested. Using the most recent
catch data through August 11, 2016,
NMFS projects that at current rates, the
MS sector will only harvest
approximately 49 percent (35,486.35 mt)
of its total Pacific whiting allocation
(74,415 mt) before reaching the 7.2 mt
POP allocation. Therefore, consistent
with the Council’s June
recommendation to take into account
the best estimates of the amount of POP
available and the updated bycatch rates
in the MS and C/P fisheries, NMFS is
transferring 3.0 mt of POP to the at-sea
sectors.
This rule transfers 3.0 mt of POP that
is expected to go unharvested from the
scientific research off-the-top deduction
to the MS sector. This transfer increases
the MS sector POP allocation from 7.2
mt to 10.2 mt. The remaining amount in
the off-the-top deduction for scientific
research is anticipated to go
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unharvested (0.7 mt) but is not
transferred at this time to buffer for
uncertainty in the estimates of POP
harvest in scientific research. This
inseason action increases the POP
amount available to the MS sector, and
is expected to provide opportunity for
the MS sector to obtain their entire
Pacific whiting allocation (72,415 mt).
Transfer of POP to the MS sector, when
combined with projected impacts from
all other sources, is not expected to
result in greater impacts to POP than the
2016 ACL. This action is also not
expected to increase impacts to other
overfished species from those originally
projected through the end of the year.
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Increase in Trip Limits for the Black
Rockfish LEFG and OA Fisheries
Between 42° N. Lat. and 40°10′ N. Lat.
Black rockfish are caught in nearshore
commercial and recreational fisheries.
Black rockfish is a healthy stock that cooccurs with nearshore overfished
rockfish species (e.g. canary rockfish
and yelloweye rockfish). Catch of black
rockfish is managed, in part, to keep
catch of co-occurring overfished species
within the management targets for the
nearshore fishery and the state of
California. In 2016, reduced fishing
effort as a result of poor weather and
ocean conditions has significantly
impacted catch rate of black rockfish in
the area between 42° N. lat., and 40°10′
N. lat. for the LEFG and OA black
rockfish commercial fisheries. The State
of California reported 2016 black
rockfish catch to be approximately 5
percent of the total allocation (19.9 mt
of the 420 mt allocated). To provide the
opportunity to harvest a larger portion
of their allocation the Council
recommended and NMFS is
implementing an increase in the
bimonthly trip limits for the LEFG
fishery and the OA fishery between 42°
N. lat., and 40°10′ N. lat. from ‘‘6,000
lbs/2 months which, no more than 1,200
lbs may be species other than black
rockfish’’ to ‘‘7,000 lbs/2 months of
which, no more than 1,200 lbs may be
species other than black rockfish.’’ The
increased trip limits described above
will be effective in periods 5 and 6,
beginning September 1.
Reduction in Trip Limits in the OA
Sablefish Fishery North of 36° N. Lat.
Reduced opportunities in other
fisheries (e.g. crab and salmon) in 2016
have resulted in higher than normal
effort in the open access sablefish
fishery north of 36° N. lat. Reports from
the PacFIN Quota Species Monitoring
(QSM) Best Estimate Report (BER) dated
June 18, 2016 indicate actual landings
have been approximately double 2016
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projections in the fishery. The Council’s
groundfish advisory panel (GAP)
recommended a reduction in trip limits
to reduce effort in order to avoid
exceeding 2016 sablefish allocations to
the fishery. The Council’s GMT
projected landings at the current rate of
effort were 112 percent to 117 percent
of the total OA allocation, through the
end of the year. At its June 2016
meeting, the Council recommended and
NMFS is implementing a trip limit
adjustment from ‘‘300 lbs/day, or one
landing per week of up to 850 lb, not to
exceed 1,700 lb/2 months’’ to ‘‘300 lbs/
day, or one landing per week of up to
750 lbs, not to exceed 1,500 lbs/2
months.’’ Model projections through the
end of the year with these adjustments
show a total landing of 98 percent of the
2016 OA allocation. The reduced trip
limits described above will be effective
in periods 5 and 6, beginning September
1.
Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures, based on the
best available information. This
document also serves as notice of an
automatic action, based on the best
available information. Both are
consistent with the PCGFMP and its
implementing regulations.
This action is taken under the
authority of 50 CFR 660.60(c) and (d)
and 660.140(a)(3) 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 the regulatory
changes in this final rule may become
effective September 1, 2016.
At its June 2016 meeting, the Council
recommended that NMFS consider a
transfer of POP to the MS and C/P
sectors, as needed based on the most
recent fishery information. The Council
recommended that the transfer be
implemented as quickly as possible
once the amount of POP, that would
otherwise go unharvested in scientific
research activities, was estimated.
Updated catch information from
scientific research activities became
available in early August. There was not
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60289
sufficient time after the June 2016
Council meeting or after research catch
information was available to undergo
proposed and final rulemaking before
this action needs to be in effect. For the
action implemented in this final rule,
affording the time necessary for prior
notice and opportunity for public
comment would prevent transfer of POP
to the MS sector until later in the
season, or potentially eliminate the
possibility of doing so during the 2016
calendar year entirely, and is therefore
impracticable. Failing to transfer POP to
the MS sector in a timely manner could
result in unnecessary restriction of
fisheries if the MS sector exceeded their
allocations. Providing the MS sector
fishermen an opportunity to harvest
their limits of Pacific whiting without
interruption and, when combined with
harvest from other sectors, without
exceeding the POP ACL, allows harvest
as intended by the Council, consistent
with the best scientific information
available. The Pacific whiting fishery
contributes a large amount of revenue to
the coastal communities of Washington
and Oregon and this change allows
continued harvest of Pacific whiting
while continuing to prevent ACLs of
overfished species and the allocations
for target species from being exceeded.
The Council also recommended
commercial trip limit changes for black
rockfish and sablefish. These changes
are based on the best available
information, consistent with the
PCGFMP and its implementing
regulations. At the June Council meeting
the Council recommended that increase
to black rockfish trip limits be
implemented as quickly as possible
during the two-month cumulative limit
period and that the decrease to sablefish
trip limits be implemented as quickly as
possible, by the start of the next
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 off Washington, Oregon, and
California. These increases to trip limits
must be implemented as quickly as
possible during the two-month
cumulative limit period to allow OA
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fixed gear fishermen an opportunity to
harvest higher limits of black rockfish
without exceeding the ACL. The
decrease to sablefish trip limits must be
implemented by the start of the next
two-month cumulative limit period,
September 1, to prevent exceedance of
the ACL and allow year-round fishing
opportunities for fishermen. It would be
contrary to public interest to delay
implementation of these changes until
after public notice and comment,
because making the regulatory changes
by September 1, allows harvest as
intended by the Council, consistent
with the best scientific information
available. The increase to black rockfish
trip limits allows additional harvest in
fisheries that are important to coastal
communities while continuing to
prevent the black rockfish ACL from
being exceeded. The decrease to
sablefish trip limits allows continued
harvest in a fishery that is important to
coastal communities while continuing
to prevent sablefish ACL from being
exceeded.
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
prevent overfishing in accordance with
the PCGFMP and applicable law.
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: August 29, 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 2b to part 660, subpart C, is
revised to read as follows:
■
TABLE 2b TO PART 660, SUBPART C—2016, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP
[Weight in metric tons]
Species
Trawl
Fishery HG or
ACT
Area
%
BOCACCIO a
..........................................................................................
Canary rockfish a b ..................................................................................
COWCOD a c ..........................................................................................
DARKBLOTCHED ROCKFISH d ...........................................................
Petrale sole a ..........................................................................................
PACIFIC OCEAN PERCH e ...................................................................
YELLOWEYE ROCKFISH a ...................................................................
Arrowtooth flounder ...............................................................................
Chilipepper .............................................................................................
Dover sole ..............................................................................................
English sole ...........................................................................................
Lingcod ..................................................................................................
Lingcod ..................................................................................................
Longnose skate a ...................................................................................
Longspine thornyhead ...........................................................................
Pacific cod .............................................................................................
Pacific whiting ........................................................................................
S of 40°10′ N. lat ......................
Coastwide .................................
S of 40°10′ N. lat ......................
Coastwide .................................
Coastwide .................................
N of 40°10′ N. lat ......................
Coastwide .................................
Coastwide .................................
S of 40°10′ N. lat ......................
Coastwide .................................
Coastwide .................................
N of 40°10′ N. lat ......................
S of 40°10′ N. lat ......................
Coastwide .................................
N of 34°27′ N. lat ......................
Coastwide .................................
Coastwide .................................
353.7
109.8
4.0
325.2
2,673.4
149.0
13.2
3,241
1,595
48,406
6,991
2,441
937
1,927
2,969
1,091
301,731
Sablefish ................................................................................................
N of 36° N. lat ...........................
0
Sablefish ................................................................................................
Shortspine thornyhead ...........................................................................
Shortspine thornyhead ...........................................................................
Splitnose ................................................................................................
Starry flounder .......................................................................................
Widow rockfish f .....................................................................................
Yellowtail rockfish ..................................................................................
Minor Shelf Rockfish complex a .............................................................
Minor Shelf Rockfish complex a .............................................................
Minor Slope Rockfish complex ..............................................................
Minor Slope Rockfish complex ..............................................................
Other Flatfish complex ...........................................................................
S of 36° N. lat ...........................
N of 34°27′ N. lat ......................
S of 34°27′ N. lat ......................
S of 40°10′ N. lat ......................
Coastwide .................................
Coastwide .................................
N of 40°10′ N. lat ......................
N of 40°10′ N. lat ......................
S of 40°10′ N. lat ......................
N of 40°10′ N. lat ......................
S of 40°10′ N. lat ......................
Coastwide .................................
1,875
1,667
871
1,736
1,529
1,880
5,314
1,880
1,576
1,642
675
7,039
N/A
N/A
N/A
95
N/A
95
N/A
95
75
95
95
45
45
90
95
95
100
Mt
85.0
58.5
1.4
308.9
2,638.4
141.6
1.1
3,079
1,196
45,986
6,642
1,098
422
1,734
2,820
1,036
301,731
%
N/A
N/A
N/A
5
N/A
5
N/A
5
25
5
5
55
55
10
5
5
0
Mt
268.7
51.3
2.6
16.3
35.0
7.5
12.1
162
399
2,420
350
1,342
515
193
148
55
0
See Table 1C
42
95
NA
95
50
91
88
60.2
12.2
81
63
90
a Allocations
788
1,583
50
1,649
764
1,711
4,677
1,132
192
1,330
425
6,335
58
5
NA
5
50
9
12
39.8
87.8
19
37
10
1,088
83
821
87
764
169
638
748
1,384
312
250
704
decided through the biennial specification process.
mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.8 mt for the mothership fishery, and 8.2 mt for the
catcher/processor fishery.
c The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
d Consistent with regulations at § 660.55(c), 9 percent (27.8 mt) of the total trawl allocation for darkblotched rockfish is allocated to the whiting fisheries, as follows:
11.7 mt for the shorebased IFQ fishery, 6.7 mt for the mothership fishery, and 9.4 mt for the catcher/processor fishery. The tonnage calculated here for the whiting
portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
e Consistent with regulations at § 660.55(c), 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6 mt for the shorebased
IFQ fishery, 7.2 mt for the mothership fishery, and 10.2 mt for the catcher/processor fishery. The amount available to the mothership fishery was raised from 7.2 mt to
10.2 mt, by transferring 3.0 mt of the 5.2 mt initially deducted from the ACL to accunt for scientific research mortality, consistent with § 660.60(c)(3)(ii). The tonnage
calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
f Consistent with regulations at § 660.55(c), 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as follows: 210 mt for the
shorebased IFQ fishery, 120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the
shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
b 14.0
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3. Table 2 (North) to part 660, subpart
E, is 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°10'
N. lat.
Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table
JAN-FEB
I
MAR-APR
I
9012016
I
MAY-JUN
JUL-AUG
SEP-OCT
I
NOV-DEC
Rockfish Conservation Area (RCA) 11 :
shoreline- 100 fm line 11
1
North of 46' 16' N. lat.
2
46'16' N.lat.- 4iOO' N.lat.
30 fm line 11 - 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 restrictive 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
Sable fish
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
7
8
Shortspine thornyhead
9
10
11
12
13
14
15
-1
10,000 lb/2 months
Longspine thornyhead
)>
I
2,000 lb/2 months
2,500 lb/2 months
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.
Dover sole, arrowtooth flounder,
petrale sole, English sole, starry
flounder, Other Flatfish 31
r-
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
z
0
20
North of 4i 00' N. lat.
21
42"00' N. lat. - 40' 10' N. lat.
22
5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish or blue rockfish 41
200 lb/2 months
Pacific cod
1600 lb/ 1200 lb/
month month
1,200 lb/ 2 months
I
:::::r
7,000 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
Lingcod 51
23
""''
........................................ ···-·-·-·-·-··-·-·-·-·-··-·-·-·-·-··-·-·-·-·- -·-·-·-·-·-·- ......................................................... -·-·-·-·-··-·-·-·-·-··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··-· ........................................................ ·-·-·-·-··-·-·-·-·-··-·-·-·-·-·-·-·-·-·
24
OJ
5,000 lb/ month
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
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.
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.
4/ For black rockfish north of Cape !\lava (48°09.50' N. lat.). and between Destruction Is. (4r40" 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.
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 42" N. lat.
6/"'0ther 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.
4. Tables 3 (North) and 3 (South) to
part 660, subpart F, are revised to read
■
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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
60292
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
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 limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table
JAN-FEB
I
MAR-APR
I
09012016
MAY-JUN
JUL-AUG
SEP-OCT
I
NOV-DEC
Rockfish Conservation Area (RCA) 11 :
shoreline -100 fm line 11
1
North of 45' 16' N. lat.
2
46,16' N. lat. -42'00' N. lat.
30 fm line 11 -100 fm line 11
3
4iOO' N. lat. - 40' 10' N. lat.
30 fm line 11 -100 fm line 11
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 §§660.76660.79 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 21 &
Darkblotched rockfish
5
Pacific ocean perch
6
Sablefish
7
Shortpine thornyheads and
longspine thornyheads
Per trip, no more than 25% of weight of the sablefish landed
100 lb/ month
300 lb/ day, or 1
landing per week
300 lb/ day, or 1 landing per week of
300 lb/ day, or 1 landing per week of up to 1,000 lb, not to
of up to 850 lb, not up to 750 lb, not to exceed 1,500 lb/2
exceed 2,000 lb/2 months
to exceed 1, 700 lb/
months
2 months
3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs.
,,,
petrale sole, English sole, starry
~
flounder, Other Flatfish 31
t----;3
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.
14
Whiting
300 lb/ month
15
Minor Shelf Rockfish 21, Shortbelly,
Widow & Yellowtail rockfish
200 lb/ month
16
Canary rockfish
Yelloweye rockfish
4i 00' N. lat. - 40' 10' N. lat.
::::T
5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish
North of 42' 00' N. lat.
20
8,500 lb/2 months, of which no more than 1,200 lb of which may be species
other than black rockfish
21
Lingcod51
22
Pacific cod
23
Spiny dogfish
24
Longnose skate
Other Fish 61 & Cabezon in Oregon
and California
7,000 lb/2 months, of which no more
than 1,200 lb of which may be species
other than black rockfish
1100 lb/
month
Unlimited
25
Unlimited
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600 lb/ month
I
1,000 lb/ 2 months
200,000 lb/2 months
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asabaliauskas on DSK3SPTVN1PROD with RULES
-
Minor Nearshore Rockfish &
Black rockfish
19
z
..,
CLOSED
18
0
CLOSED
17
liJ
w
t---c-:-- Dover sole, arrowtooth flounder,
I
)>
rm
CLOSED
~
-1
60293
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
Table 3 (North). Continued
-1
26
)>
m
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
lblmonth, 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 lllltlen lingcod retention is allo~Ned, 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 grounctfish species are subject to the open access limits, seasons,
size limits and RCA restrictions listed in the table abow, unless otherwise stated here.
27
North
28
PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
29
m
z
0
...
Effective April1 -October 31: Grounctfish: 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 owrall 500 lblday and 1,500 lb/trip grounctfish limits: lingcod 300
lb/month (minimum 24 inch size limit); sablefish 2,000 lb/month; canary, thomyheads and yello\llleye rockfish are PROHIBITED. All
other grounctfish 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
r-
::::r
n
0
::I
""t
c.
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.
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.
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asabaliauskas on DSK3SPTVN1PROD with RULES
6/ "Other fish" are defined at§ 660.11 and include kelp greenling, leopard shark, and cabazon in Washington.
To convert pounds to kilograms, divide by 2.20462, the nurriler of pounds in one kilogram
60294
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 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°1 0' N. lat.
09012016
!Other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table
I
I
I
JAN-FEB
JUL-AUG
SEP-OCT
I M'\R-APR I MAY-JUN
I NOV-DEC
Rockfish Conservation Area (RCA)11 :
1
2
I
I
I
I
I
I
I
I
I
30 fm line 11 - 150 fm line 11
140°10' N. lat.- 34°27' N. lat.
ISouth of 34°27' N. lat.
60 fm line 11 - 150 fm line 11 (also applies around islands)
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.
4
5
Splitnose rockfish
Sable fish
7
----u~
16
17
18
300 lb/ day, or 1 landing per week of up to 1,600 lb, not to exceed 3,200 lb/2 months
South of36"oo· N.lat.
CLOSED
50 lb/ day, no more than 1,000 lb/2 months
40.10' N. lat.- 34"27' N.lat.
South of 34"27' N. lat.
Dover sole, arrowtooth flounder,
petrale sole, English sole, starry
flounder, Other Flatfish 31
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
300 lb/ month
Minor Shelf Rockfish 21, Shortbelly,
Widow rockfish and Chilipepper
19
40.10' N. lat.- 34"27' N.lat. 300 lb/ 2 months
I
South of 34"27' N. lat. 1500 lb/2 months
I
asabaliauskas on DSK3SPTVN1PROD with RULES
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CLOSED
I
200 lb/2 months
m
w
0
s::::
:::r
300 lb/ 2 months
I
CLOSED
CLOSED
CLOSED
CLOSED
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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1500 lb/ 2 months
Canary rockfish
Yelloweye rockfish
Cowcod
Bronzespotted rockfish
Bocaccio
16:43 Aug 31, 2016
)>
C/)
3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs.
20
21
22
23
24
25
26
27
-1
Shortpine thornyheads and
longspine thornyheads
9
10
11
~
13
200 lb/ month
300 lb/ day, or 1
landing per week
300 lb/ day, or 1 landing per week of
300 lb/ day, or 1 landing per week of up to 1,000 lb, not to
40.10' N. lat.- 36.00' N.lat.
of up to 850 lb, not up to 750 lb, not to exceed 1,500 lb/2
exceed 2,000 lb/2 months
to exceed 1,700 lb/
months
2 months
6
8
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
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100 lb/2 months
I
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250 lb/ 2 months
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3
Minor Slope Rockfish 21 &
Darkblotched rockfish
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
DEPARTMENT OF COMMERCE
SUMMARY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the fourth seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the trawl deep-water
species fishery in the GOA has been
reached.
National Oceanic and Atmospheric
Administration
50 CFR Part 679
asabaliauskas on DSK3SPTVN1PROD with RULES
[Docket No. 150818742–6210–02]
RIN 0648–XE835
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
DATES:
National Marine Fisheries
Service (NMFS), National Oceanic and
FOR FURTHER INFORMATION CONTACT:
AGENCY:
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through 1200 hours, A.l.t., October 1,
2016.
Keaton, 907–586–7228.
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NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The fourth seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species in
the GOA has been determined to be 0
metric tons (mt). This apportionment
was established by the final 2016 and
2017 harvest specifications for
groundfish of the GOA (81 FR 14740,
SUPPLEMENTARY INFORMATION:
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BILLING CODE 3510–22–C
[FR Doc. 2016–21091 Filed 8–31–16; 8:45 am]
60295
]]>Agencies
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60288-60295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21091]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140904754-5188-02]
RIN 0648-BG27
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 access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective September 1, 2016.
FOR FURTHER INFORMATION CONTACT: Benjamin Mann, phone: 206-526-6117,
fax: 206-526-6736, or email: benjamin.mann@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, Executive
Director, Pacific Fishery Management Council (Council), 7700 NE
Ambassador Place, Portland, OR 97220, phone: 503-820-2280.
Background
The Pacific Fishery Management Council (Council)--in coordination
with Pacific Coast Treaty Indian Tribes and the States of Washington,
Oregon, and California--recommended changes to groundfish management
measures at its June 21-28, 2016, meeting. Specifically, the Council
recommended taking a portion of the Pacific ocean perch (POP) initially
deducted from the annual catch limit (ACL) and making it available to
the mothership (MS) sector; a trip limit increase for black rockfish in
the limited entry fixed gear (LEFG) and open access (OA) fisheries in
northern California; and trip limit reductions in the OA sablefish
daily trip limit (DTL) fishery north of 36[deg] N. lat.
Transferring POP to the Mothership Sector
As part of biennial harvest specifications and management measures,
ACLs are set for non-whiting groundfish species, deductions are made
``off-the-top'' from the ACL to account for various sources of
mortality (including scientific research activities) and the remainder,
the fishery harvest guideline, is allocated among the various
groundfish fisheries. The limited availability of overfished species
that can be taken as incidental catch in the Pacific whiting fishery,
particularly darkblotched rockfish, POP, and canary rockfish, led NMFS
to implement sector-specific allocations for these species to the
Pacific whiting fisheries. If the sector-specific allocation for a non-
whiting species is reached, NMFS may close one or more of the at-sea
sectors automatically, per regulations at Sec. 660.60(d).
At the June, 2016 meeting, MS and catcher/processor (C/P) sectors
requested more POP to accommodate higher than anticipated harvest and
prevent closure of the fishery prior to harvesting their allocations of
Pacific whiting.
At the start of 2016, the MS and C/P sectors of the Pacific whiting
fishery were allocated 7.2 mt and 10.2 mt of POP respectively, per
regulations at Sec. 660.55(c)(1)(i)(B). According to the best fishery
information available at the June 2016 meeting, POP bycatch in the MS
sector was approximately double 2016 POP bycatch projections. At that
time, best available information regarding bycatch rates of POP in the
MS sector indicated that if those rates continued, only 53 percent
(38,246 mt) of the Pacific whiting allocation would be harvested by the
end of the 2016 fishery. Therefore, the Council recommended that NMFS
monitor fishery harvest of Pacific whiting and POP relative to their
respective at-sea sector allocations, update projections of Pacific
whiting allocation attainment based on new, updated POP bycatch rates,
and if necessary, transfer some POP that would otherwise go unharvested
to either the MS or C/P sectors as needed.
Current projections by the Northwest Fishery Science Center
indicate that approximately 3.7 mt of POP off-the-top deductions for
scientific research would remain unharvested through the end of the
year. As of August 11, 2016, the C/P sector has only harvested
approximately 4.1 percent (0.41 mt) of its 2016 POP allocation
indicating the C/P sector has sufficient POP allocation to cover their
Pacific whiting harvests. However, approximately 70 percent (5.0 mt) of
the total MS sector POP allocation has been harvested and only
approximately 47 percent (34,256.46 mt) of the Pacific whiting
allocation has been harvested. Using the most recent catch data through
August 11, 2016, NMFS projects that at current rates, the MS sector
will only harvest approximately 49 percent (35,486.35 mt) of its total
Pacific whiting allocation (74,415 mt) before reaching the 7.2 mt POP
allocation. Therefore, consistent with the Council's June
recommendation to take into account the best estimates of the amount of
POP available and the updated bycatch rates in the MS and C/P
fisheries, NMFS is transferring 3.0 mt of POP to the at-sea sectors.
This rule transfers 3.0 mt of POP that is expected to go
unharvested from the scientific research off-the-top deduction to the
MS sector. This transfer increases the MS sector POP allocation from
7.2 mt to 10.2 mt. The remaining amount in the off-the-top deduction
for scientific research is anticipated to go
[[Page 60289]]
unharvested (0.7 mt) but is not transferred at this time to buffer for
uncertainty in the estimates of POP harvest in scientific research.
This inseason action increases the POP amount available to the MS
sector, and is expected to provide opportunity for the MS sector to
obtain their entire Pacific whiting allocation (72,415 mt). Transfer of
POP to the MS sector, when combined with projected impacts from all
other sources, is not expected to result in greater impacts to POP than
the 2016 ACL. This action is also not expected to increase impacts to
other overfished species from those originally projected through the
end of the year.
Increase in Trip Limits for the Black Rockfish LEFG and OA Fisheries
Between 42[deg] N. Lat. and 40[deg]10' N. Lat.
Black rockfish are caught in nearshore commercial and recreational
fisheries. Black rockfish is a healthy stock that co-occurs with
nearshore overfished rockfish species (e.g. canary rockfish and
yelloweye rockfish). Catch of black rockfish is managed, in part, to
keep catch of co-occurring overfished species within the management
targets for the nearshore fishery and the state of California. In 2016,
reduced fishing effort as a result of poor weather and ocean conditions
has significantly impacted catch rate of black rockfish in the area
between 42[deg] N. lat., and 40[deg]10' N. lat. for the LEFG and OA
black rockfish commercial fisheries. The State of California reported
2016 black rockfish catch to be approximately 5 percent of the total
allocation (19.9 mt of the 420 mt allocated). To provide the
opportunity to harvest a larger portion of their allocation the Council
recommended and NMFS is implementing an increase in the bimonthly trip
limits for the LEFG fishery and the OA fishery between 42[deg] N. lat.,
and 40[deg]10' N. lat. from ``6,000 lbs/2 months which, no more than
1,200 lbs may be species other than black rockfish'' to ``7,000 lbs/2
months of which, no more than 1,200 lbs may be species other than black
rockfish.'' The increased trip limits described above will be effective
in periods 5 and 6, beginning September 1.
Reduction in Trip Limits in the OA Sablefish Fishery North of 36[deg]
N. Lat.
Reduced opportunities in other fisheries (e.g. crab and salmon) in
2016 have resulted in higher than normal effort in the open access
sablefish fishery north of 36[deg] N. lat. Reports from the PacFIN
Quota Species Monitoring (QSM) Best Estimate Report (BER) dated June
18, 2016 indicate actual landings have been approximately double 2016
projections in the fishery. The Council's groundfish advisory panel
(GAP) recommended a reduction in trip limits to reduce effort in order
to avoid exceeding 2016 sablefish allocations to the fishery. The
Council's GMT projected landings at the current rate of effort were 112
percent to 117 percent of the total OA allocation, through the end of
the year. At its June 2016 meeting, the Council recommended and NMFS is
implementing a trip limit adjustment from ``300 lbs/day, or one landing
per week of up to 850 lb, not to exceed 1,700 lb/2 months'' to ``300
lbs/day, or one landing per week of up to 750 lbs, not to exceed 1,500
lbs/2 months.'' Model projections through the end of the year with
these adjustments show a total landing of 98 percent of the 2016 OA
allocation. The reduced trip limits described above will be effective
in periods 5 and 6, beginning September 1.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best available information.
This document also serves as notice of an automatic action, based on
the best available information. Both are consistent with the PCGFMP and
its implementing regulations.
This action is taken under the authority of 50 CFR 660.60(c) and
(d) and 660.140(a)(3) 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 the regulatory changes in this final rule may become effective
September 1, 2016.
At its June 2016 meeting, the Council recommended that NMFS
consider a transfer of POP to the MS and C/P sectors, as needed based
on the most recent fishery information. The Council recommended that
the transfer be implemented as quickly as possible once the amount of
POP, that would otherwise go unharvested in scientific research
activities, was estimated. Updated catch information from scientific
research activities became available in early August. There was not
sufficient time after the June 2016 Council meeting or after research
catch information was available to undergo proposed and final
rulemaking before this action needs to be in effect. For the action
implemented in this final rule, affording the time necessary for prior
notice and opportunity for public comment would prevent transfer of POP
to the MS sector until later in the season, or potentially eliminate
the possibility of doing so during the 2016 calendar year entirely, and
is therefore impracticable. Failing to transfer POP to the MS sector in
a timely manner could result in unnecessary restriction of fisheries if
the MS sector exceeded their allocations. Providing the MS sector
fishermen an opportunity to harvest their limits of Pacific whiting
without interruption and, when combined with harvest from other
sectors, without exceeding the POP ACL, allows harvest as intended by
the Council, consistent with the best scientific information available.
The Pacific whiting fishery contributes a large amount of revenue to
the coastal communities of Washington and Oregon and this change allows
continued harvest of Pacific whiting while continuing to prevent ACLs
of overfished species and the allocations for target species from being
exceeded.
The Council also recommended commercial trip limit changes for
black rockfish and sablefish. These changes are based on the best
available information, consistent with the PCGFMP and its implementing
regulations. At the June Council meeting the Council recommended that
increase to black rockfish trip limits be implemented as quickly as
possible during the two-month cumulative limit period and that the
decrease to sablefish trip limits be implemented as quickly as
possible, by the start of the next 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 off Washington, Oregon, and California. These
increases to trip limits must be implemented as quickly as possible
during the two-month cumulative limit period to allow OA
[[Page 60290]]
fixed gear fishermen an opportunity to harvest higher limits of black
rockfish without exceeding the ACL. The decrease to sablefish trip
limits must be implemented by the start of the next two-month
cumulative limit period, September 1, to prevent exceedance of the ACL
and allow year-round fishing opportunities for fishermen. It would be
contrary to public interest to delay implementation of these changes
until after public notice and comment, because making the regulatory
changes by September 1, allows harvest as intended by the Council,
consistent with the best scientific information available. The increase
to black rockfish trip limits allows additional harvest in fisheries
that are important to coastal communities while continuing to prevent
the black rockfish ACL from being exceeded. The decrease to sablefish
trip limits allows continued harvest in a fishery that is important to
coastal communities while continuing to prevent sablefish ACL from
being exceeded.
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 prevent overfishing in accordance with the PCGFMP and
applicable law.
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: August 29, 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 2b to part 660, subpart C, is revised to read as follows:
Table 2b to Part 660, Subpart C--2016, and Beyond, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species Area Fishery HG or ---------------------------------------
ACT % Mt % Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOCACCIO \a\................................. S of 40[deg]10' N. lat........................... 353.7 N/A 85.0 N/A 268.7
Canary rockfish a b.......................... Coastwide........................................ 109.8 N/A 58.5 N/A 51.3
COWCOD a c................................... S of 40[deg]10' N. lat........................... 4.0 N/A 1.4 N/A 2.6
DARKBLOTCHED ROCKFISH \d\.................... Coastwide........................................ 325.2 95 308.9 5 16.3
Petrale sole \a\............................. Coastwide........................................ 2,673.4 N/A 2,638.4 N/A 35.0
PACIFIC OCEAN PERCH \e\...................... N of 40[deg]10' N. lat........................... 149.0 95 141.6 5 7.5
YELLOWEYE ROCKFISH \a\....................... Coastwide........................................ 13.2 N/A 1.1 N/A 12.1
Arrowtooth flounder.......................... Coastwide........................................ 3,241 95 3,079 5 162
Chilipepper.................................. S of 40[deg]10' N. lat........................... 1,595 75 1,196 25 399
Dover sole................................... Coastwide........................................ 48,406 95 45,986 5 2,420
English sole................................. Coastwide........................................ 6,991 95 6,642 5 350
Lingcod...................................... N of 40[deg]10' N. lat........................... 2,441 45 1,098 55 1,342
Lingcod...................................... S of 40[deg]10' N. lat........................... 937 45 422 55 515
Longnose skate \a\........................... Coastwide........................................ 1,927 90 1,734 10 193
Longspine thornyhead......................... N of 34[deg]27' N. lat........................... 2,969 95 2,820 5 148
Pacific cod.................................. Coastwide........................................ 1,091 95 1,036 5 55
Pacific whiting.............................. Coastwide........................................ 301,731 100 301,731 0 0
---------------------------------------
Sablefish.................................... N of 36[deg] N. lat.............................. 0 See Table 1C
---------------------------------------
Sablefish.................................... S of 36[deg] N. lat.............................. 1,875 42 788 58 1,088
Shortspine thornyhead........................ N of 34[deg]27' N. lat........................... 1,667 95 1,583 5 83
Shortspine thornyhead........................ S of 34[deg]27' N. lat........................... 871 NA 50 NA 821
Splitnose.................................... S of 40[deg]10' N. lat........................... 1,736 95 1,649 5 87
Starry flounder.............................. Coastwide........................................ 1,529 50 764 50 764
Widow rockfish \f\........................... Coastwide........................................ 1,880 91 1,711 9 169
Yellowtail rockfish.......................... N of 40[deg]10' N. lat........................... 5,314 88 4,677 12 638
Minor Shelf Rockfish complex \a\............. N of 40[deg]10' N. lat........................... 1,880 60.2 1,132 39.8 748
Minor Shelf Rockfish complex \a\............. S of 40[deg]10' N. lat........................... 1,576 12.2 192 87.8 1,384
Minor Slope Rockfish complex................. N of 40[deg]10' N. lat........................... 1,642 81 1,330 19 312
Minor Slope Rockfish complex................. S of 40[deg]10' N. lat........................... 675 63 425 37 250
Other Flatfish complex....................... Coastwide........................................ 7,039 90 6,335 10 704
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ 14.0 mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.8 mt for the mothership
fishery, and 8.2 mt for the catcher/processor fishery.
\c\ The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
\d\ Consistent with regulations at Sec. 660.55(c), 9 percent (27.8 mt) of the total trawl allocation for darkblotched rockfish is allocated to the
whiting fisheries, as follows: 11.7 mt for the shorebased IFQ fishery, 6.7 mt for the mothership fishery, and 9.4 mt for the catcher/processor
fishery. The tonnage calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which
is found at 660.140(d)(1)(ii)(D).
\e\ Consistent with regulations at Sec. 660.55(c), 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6
mt for the shorebased IFQ fishery, 7.2 mt for the mothership fishery, and 10.2 mt for the catcher/processor fishery. The amount available to the
mothership fishery was raised from 7.2 mt to 10.2 mt, by transferring 3.0 mt of the 5.2 mt initially deducted from the ACL to accunt for scientific
research mortality, consistent with Sec. 660.60(c)(3)(ii). The tonnage calculated here for the whiting portion of the shorebased IFQ fishery
contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
\f\ Consistent with regulations at Sec. 660.55(c), 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as
follows: 210 mt for the shorebased IFQ fishery, 120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage
calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at
660.140(d)(1)(ii)(D).
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3. Table 2 (North) to part 660, subpart E, is revised to read as
follows:
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4. Tables 3 (North) and 3 (South) to part 660, subpart F, are revised
to read as follows:
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[FR Doc. 2016-21091 Filed 8-31-16; 8:45 am]
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