Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments, 31494-31511 [2017-14313]
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cannot be continued for the 2017 fishing
season.
The conservation equivalency
approach implemented by this action
allows states some degree of flexibility
in the specification of management
measures, unlike the application of one
set of uniform coastwide measures. The
degree of flexibility available to states
under conservation equivalency is
constrained to a combined suite of
minimum fish size, per angler
possession limit, and fishing season that
will likely constrain catch to the 2017
recreational harvest limit. This provides
the opportunity for states to construct
measures that achieve the conservation
objective while providing a statespecific set of measures in lieu of the
one-size-fits-all coastwide measure.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules.
As part of this rulemaking process, a
small entity compliance guide will be
sent to all holders of Federal party/
charter permits issued for the summer
flounder and scup fisheries. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
NMFS (see ADDRESSES) and at the
following Web site: https://
www.greateratlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 3, 2017.
Chris Oliver,
Assistant Administrator for Fisheries,
National Marine Fisheries Services.
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For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.104, paragraph (b) is
revised to read as follows:
■
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§ 648.104
sizes.
Summer flounder minimum fish
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(b) Party/charter permitted vessels
and recreational fishery participants.
Unless otherwise specified pursuant to
§ 648.107, the minimum size for
summer flounder is 19 inches (48.3 cm)
TL for all vessels that do not qualify for
a moratorium permit under
§ 648.4(a)(3), and charter boats holding
a moratorium permit if fishing with
more than three crew members, or party
boats holding a moratorium permit if
fishing with passengers for hire or
carrying more than five crew members.
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■ 3. Section 648.105 is revised to read
as follows:
§ 648.105 Summer flounder recreational
fishing season.
Unless otherwise specified pursuant
to § 648.107, vessels that are not eligible
for a moratorium permit under
§ 648.4(a)(3), and fishermen subject to
the possession limit, may fish for
summer flounder from June 1 through
September 15. This time period may be
adjusted pursuant to the procedures in
§ 648.102.
■ 4. In § 648.106, paragraph (a) is
revised to read as follows:
by the states of Maine through North
Carolina for 2017 are the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
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(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels registered in states and subject
to the recreational fishing measures of
this part, whose fishery management
measures are not determined by the
Regional Administrator to be the
conservation equivalent of the season,
minimum size and possession limit
prescribed in §§ 648.102, 648.103(b),
and 648.105(a), respectively, due to the
lack of, or the reversal of, a conservation
equivalent recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission
shall be subject to the following
precautionary default measures:
Season—July 1 through August 31;
minimum size—20 inches (50.8 cm);
and possession limit—two fish.
[FR Doc. 2017–14280 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–22–P
§ 648.106 Summer flounder possession
restrictions.
(a) Party/charter and recreational
possession limits. Unless otherwise
specified pursuant to § 648.107, no
person shall possess more than four
summer flounder in, or harvested from,
the EEZ, per trip unless that person is
the owner or operator of a fishing vessel
issued a summer flounder moratorium
permit, or is issued a summer flounder
dealer permit. Persons aboard a
commercial vessel that is not eligible for
a summer flounder moratorium permit
are subject to this possession limit. The
owner, operator, and crew of a charter
or party boat issued a summer flounder
moratorium permit are subject to the
possession limit when carrying
passengers for hire or when carrying
more than five crew members for a party
boat, or more than three crew members
for a charter boat. This possession limit
may be adjusted pursuant to the
procedures in § 648.102.
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■ 5. In § 648.107, introductory text to
paragraph (a) and paragraph (b) are
revised to read as follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160808696–7010–02]
RIN 0648–BG95
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2017–2018 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
SUMMARY:
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groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective July 3,
2017.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491, fax: 206–526–6736, or email:
karen.palmigiano@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/.
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Background
The PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
The final rule to implement the 2017–
2018 harvest specifications and
management measures for most species
of the Pacific coast groundfish fishery
was published on February 7, 2017 (82
FR 9634).
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommended three changes
to current groundfish management
measures at its June 9–14, 2017 meeting.
The changes the Council recommended
include: (1) Increasing the limited entry
(LE) and open access (OA) fixed gear
trip limits for lingcod both north and
south of 40°10′ North latitude (N. lat.),
(2) modifying the shoreward boundary
of the non-trawl rockfish conservation
area (RCA) between 40°10′ N. lat. and
34°27′ N. lat., and (3) distributing the
deductions initially made from the ACL
(i.e. the off-the-top deductions, or
‘‘buffer’’), 25 metric tons (mt) of Pacific
ocean perch (POP) and 50 mt of
darkblotched rockfish, and making it
available to the mothership (MS) and
catcher/processor (C/P) sectors of the atsea Pacific whiting fishery; 12.5 mt of
POP and 25 mt of darkblotched rockfish,
to each sector.
Fishery Management Measures for
Lingcod LE and OA Fixed Gear North
and South of 40°10′ N. lat.
To increase harvest opportunities for
LE and OA fixed gear sectors north and
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south of 40°10′ N. lat., the Council
considered increases to lingcod trip
limits for all remaining periods in 2017.
Trip limits for lingcod north and south
of 40°10′ N. lat. have been designated at
50 CFR 660.60(c)(1)(i) and in Section
6.2.1 of the PCGFMP as routine
management measures.
Lingcod are distributed coastwide
with harvest specifications based on two
area stock assessments that were
conducted in 2009 for the areas north
and south of the California-Oregon
border at 42° N. latitude. The stock
assessments indicated west coast
lingcod stocks are healthy with the
stock depletion estimated for lingcod off
of Washington and Oregon to be at 62
percent of its unfished biomass, and
lingcod off of California estimated to be
at 74 percent of its unfished biomass at
the start of 2009. Trip limit increases,
for species such as lingcod, are intended
to reduce discarding (i.e., turn discards
into landed catch and thereby improve
catch accounting) and increase
attainment of the non-trawl harvest
guideline (HG). This change may result
in a small increase in the catch of some
overfished species, such as yelloweye
rockfish, but such an increase is very
unlikely to result in exceeding
overfished species ACLs when
combined with the harvest from all
other sources.
To assist the Council in evaluating
increases to lingcod trip limits, the
Groundfish Management Team (GMT)
made model-based landings projections
for the LE and OA fixed gear sector for
north and south of 40°10′ N. lat. for the
remainder of the year. For these
projections, the GMT included four
recent updates to the discard mortality
rates used by the West Coast Groundfish
Observer Program (WCGOP) to estimate
discard mortality each year and, by the
GMT, in the nearshore model to project
future discard mortality. The updates
included: (1) Updating the gear
proportions by depth with recent data;
(2) calculating regional discard
mortality rates to match the WCGOP
estimate strata (i.e. north and south of
40°10′ N. lat.); (3) utilizing the Council
approved changes to the ‘‘sport-like’’
surface discard mortality rates; and (4)
incorporating a bias modifier to
calibrate the gear proportions from
WCGOP (a sub-sample of landings to
reflect the gear proportions from fish
tickets in the Pacific Fishery
Information Network (PacFIN)). These
landings projections also were based on
the most recent information available.
The model, using the new discard
mortality rates, predicted a projected
harvest of 71.2 mt, or 4.2 percent
attainment of the 2017 non-trawl
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allocation (1,680 mt), of lingcod north of
40°10′ N. lat. for both OA and LE fixed
gear under the current trip limits, and
an increase in projected harvest to 75
mt, or 4.4 percent attainment of the nontrawl allocation, of lingcod north of
40°10′ N. lat. for both OA and LE fixed
gear under the recommended increased
trip limits. The model also predicted a
projected harvest of 91.8 mt, or 13
percent attainment of the non-trawl
allocation (683 mt), of lingcod south of
40°10′ N. lat. for both OA and LE fixed
gear under the current trip limits, and
an increase in projected harvest to 133.8
mt, or 19.6 percent attainment of the
non-trawl allocation, of lingcod south of
40°10′ N. lat. for both OA and LE fixed
gear under the recommended increased
trip limits. Using the updated discard
mortality rates, the model also predicted
that under the current regulations
harvest of yelloweye rockfish through
the end of the year would be 0.7 mt
lower (1.4 mt out of a 2.1 mt HG) than
was anticipated at the start of this year.
Yelloweye rockfish is an overfished
species currently managed under a
rebuilding plan. The projected impacts
to yelloweye rockfish would increase
under the increased trip limits for
lingcod. Based on the GMT’s analysis,
the changes to the trip limits north of
40°10′ N. lat. are projected to result in
an increase in lingcod landings through
the end of the year of approximately 3.8
mt and a projected increase in
yelloweye rockfish discard mortality of
0.06 mt. The same GMT analysis
showed that an increase in trip limits
for lingcod south of 40°10′ N. lat. would
result in an increase in projected
lingcod landings through the end of the
year of 55 mt and an increase in
yelloweye rockfish discard mortality of
0.21 mt. This increase in trip limits, and
subsequent increase in lingcod landings,
does not change total projected impacts
to co-occurring overfished species from
those anticipated in the 2017–18 harvest
specifications and management
measures, as the total projected impacts
for those species assumes that the entire
lingcod ACL is harvested.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Tables 2 (North and South) to
part 660, subpart E and Tables 3 (North
and South) to part 660, subpart F in the
CFR, trip limit changes for the LE and
OA fixed gear fisheries north and south
of 40°10′ N. lat. The trip limits for
lingcod in the LE fixed gear fishery
north of 40°10′ N. lat. are increased from
‘‘1,200 lb (544 kg) bimonthly’’ to ‘‘1,400
lb (635 kg) bimonthly’’ during periods 4
through 5; from ‘‘600 lb (272 kg) per
month’’ to ‘‘700 lb (318 kg) bimonthly’’
during the month of November; and
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from ‘‘200 lb (91 kg) per month’’ to ‘‘400
lb (181 kg) bimonthly’’ during the
month of December. The trip limits for
lingcod in the LE fixed gear fishery
south of 40°10′ N. lat. are increased from
‘‘800 lb (363 kg) bimonthly’’ to ‘‘1,200
lb (544 kg) bimonthly’’ during periods 4
through 5; from ‘‘400 lb (181 kg)
bimonthly’’ to ‘‘600 lb (272 kg) per
month’’ during the month of November;
and from ‘‘200 lb (91 kg) per month’’ to
‘‘300 lb (136 kg) bimonthly’’ during the
month of December.
The trip limits for lingcod in the OA
fixed gear fishery north of 40°10′ N. lat.
are increased from ‘‘600 lb (272 kg) per
month’’ to ‘‘700 lb (318 kg) per month’’
during periods 4 through 5 and during
the month of November; and from ‘‘100
lb (45 kg) per month’’ to ‘‘200 lb (181
kg) per month’’ during the month of
December. The trip limits for lingcod in
the OA fixed gear fishery south of 40°10′
N. lat. are increased from ‘‘400 lb (181
kg) per month’’ to ‘‘600 lb (272 kg) per
month’’ during periods 3 through 5; and
are increased from ‘‘100 lb (45 kg) per
month’’ to ‘‘150 lb (68 kg) per month’’
during the month of December.
For the OA fixed gear fishery south of
40°10′ N. lat., the Council recommended
a ‘‘200 lb (91 kg) per month’’ trip limit
for lingcod during the month of
November, which is lower than the
current lingcod trip limit for November
in the OA fixed gear fishery south of
40°10′ N. lat. at ‘‘400 lb (181 kg) per
month.’’ The Council recommended trip
limit was based on an error in the GMT
report and is inconsistent with the
report’s analysis of the estimated
impacts, which analyzed a ‘‘600 lb per
month’’ trip limit for lingcod during the
month of November. NMFS understands
the Council intent with the
recommendations for changes to lingcod
trip limits was to increase trip limits
from what is currently in regulation to
provide additional access and harvest a
greater proportion of the lingcod ACL. It
was not the Council’s intent to reduce
harvesting opportunities by reducing
the OA fixed gear lingcod trip limits
north of 40°10′ N. lat. for the month of
November from 400 lb to 200 lb.
Therefore, NMFS is not implementing
the lower November trip limit for
lingcod (200 lb (91 kg) per month) in the
OA fixed gear fishery south of 40°10′ N.
lat. for the month of November, and the
trip limit for that month will remain at
‘‘400 lb (181 kg) per month.’’ This trip
limit during the month of November
would reduce the projected lingcod
impacts from those presented to the
Council (146.7 mt) to 133.8 mt.
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Fishery Management Measures for the
Non-Trawl RCA between 40°10′ N. lat.
and 34°27′ N. lat.
The non-trawl RCA applies to vessels
that take, retain, possess, or land
groundfish using non-trawl gears, unless
they are incidental fisheries that are
exempt from the non-trawl RCA (e.g. the
pink shrimp non-groundfish trawl
fishery). The seaward and shoreward
boundaries of the non-trawl RCAs vary
along the coast, and are divided at
various commonly used geographic
coordinates, defined in § 660.11, subpart
C. Modifications to RCAs are designated
as a routine management measure in
§ 660.60(c)(3)(i) and section 6.2.1 of the
PCGFMP.
RCAs were originally established in
the early 2000s to protect bocaccio and
canary rockfishes which had recently
been declared overfished.1 These large
area closures were intended to close off
areas to fishing in the main portion of
the species’ depth range to reduce
encounters and subsequent mortality. At
that same time, conservative trip limits,
including no retention, were
implemented to further reduce catches
and overall mortality, and ensure the
stocks would rebuild more quickly.
Unfortunately, implementing RCAs also
greatly reduced access to many healthy
target stocks which were found in
similar depths to overfished species. As
a result, an important shelf rockfish
fishery which used to operate south of
40°10′ N lat. was severely impacted.
In 2009, the shoreward boundary of
the non-trawl RCA was established
based on fishery information indicating
that fishing in some areas in the nontrawl fishery have higher yelloweye
rockfish catch rates than in others, and
the RCA boundaries were adjusted to
reduce mortality of yelloweye rockfish
in these areas.
Between 40°10′ N. lat. and 34°27′ N.
lat., the non-trawl RCA is currently
defined by the boundary lines
approximating the 30 fm and 125 fm
depth contours. All fishing with nontrawl gear must occur shoreward of the
boundary line approximating the 30 fm
depth contour, or seaward of the
boundary line approximating the 125 fm
depth contour. Changes to the non-trawl
RCA shoreward boundary between
40°10′ N. lat. and 34°27′ N. lat., to shift
the shoreward boundary deeper and
open additional fishing area shoreward
of the non-trawl RCA, were previously
recommended by the California
Department of Fish and Wildlife
(CDFW) during the 2017–18 Harvest
Specifications and Management
1 Both canary rockfish and bocaccio were
declared rebuilt in 2015 and 2017, respectively.
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Measures process. The Council did not
ultimately recommend a boundary line
change, at that time, due to the
increased yelloweye rockfish projected
impacts when fishing was opened in
those areas.
The GMT’s recent updates to the
discard mortality rates—discussed
further under the preamble subheading
Fishery Management Measures for
Lingcod LE and OA Fixed Gear North
and South of 40°10′ N. lat.—resulted in
projected impacts to yelloweye rockfish
through the end of the year that were
lower than anticipated during the
development of the 2017–18 harvest
specifications and management
measures. The Council has
recommended modifying the shoreward
non-trawl RCA boundary from the
boundary line approximating the 30 fm
depth contour to the boundary line
approximating the 40 fm depth contour
in the area from 40°10′ N. lat., and
34°27′ N. lat. The change to the nontrawl RCA shoreward boundary line in
this area opens areas that have been
closed since 2009, and may increase
fishing efficiency and reduce gear
conflicts by spreading the nearshore
fleet over a larger fishing area. Opening
this area is anticipated to increase
overall landings of both target and nontarget groundfish species, but mortality
is anticipated to remain below the
allocations or harvest limits for all
species.
Modifying the shoreward boundary of
the non-trawl RCA in this area would
provide harvest opportunities for many
important target stocks, specifically
deeper nearshore rockfish (blue, brown,
copper, and olive rockfishes) and shelf
rockfish species (chilipepper,
greenblotched, Mexican, and vermilion
rockfishes). Non-trawl harvest of
groundfish is managed with cumulative
trip limits, and any increased
attainment is expected to remain within
allowable harvest limits. Relatively
small impacts to canary, bocaccio, and
yelloweye rockfish are expected. All
projected bocaccio and canary rockfish
impacts would remain within the
nearshore fishery share of the non-trawl
allocations for those species.
The GMT presented an updated
analysis to the Council regarding the
projected yelloweye rockfish impacts
from modifying the shoreward boundary
of the non-trawl RCA. The GMT
assumed that effort would remain
unchanged within the 0 fm to 10 fm
depth bin, and all remaining effort
would shift into deeper water (30 to 40
fm depth bin) when the boundary was
modified. Yelloweye rockfish is an
overfished species that is encountered
primarily north of 40°10′ N. lat. Few
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encounters occur south of 40°10′ N. lat.,
and no encounters occur south of 34°27′
N. lat. While some encounters may
occur from modifying the non-trawl
RCA shoreward boundary, they are
expected to be rare. Projected impacts of
yelloweye rockfish through the end of
the year, including impacts of the
increased lingcod trip limits discussed
above, are within California’s nearshore
yelloweye rockfish HG share of 0.7 mt.
Based on the GMT’s projections, the
expected increase in yelloweye rockfish
impacts is 0.15 mt from what was
projected to occur in the absence of the
inseason adjustments to management
measures implemented in this action.
Therefore, based on the new
information available regarding the
discard mortality of yellow-eye rockfish,
the Council recommended and NMFS is
adjusting the shoreward boundary of the
non-trawl RCA between 40°10′ N lat.
and 34°27′ N. lat., by modifying Table
2 (South) to part 660, subpart E and
Table 3 (South) to part 660, subpart F
in the CFR, so that the boundary lines
approximating the 40 fm and 125 fm
depth contours, in this area, will define
the non-trawl RCA in this area.
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Transferring POP and Darkblotched
Rockfish to the MS and C/P Sectors
As part of the biennial harvest
specifications and management
measures process, annual ACLs are set
for non-whiting groundfish species,
deductions are made ‘‘off-the-top’’ from
the ACL for various sources of mortality
(including non-groundfish fisheries that
catch groundfish incidentally, also
called incidental open access fisheries)
and the remainder, the fishery HG, is
allocated among the groundfish
fisheries. Regulations at
§ 660.60(c)(3)(ii) allow NMFS to
distribute these ‘‘off-the-top’’
deductions from the ACL to any sector
through routine inseason action to make
fish that would otherwise go
unharvested available to other fisheries
during the fishery year, and after the
Council has made the appropriate
considerations. Also consistent with
section 6.5.2 of the PCGFMP, NMFS has
the authority to implement management
measures to reduce bycatch of nongroundfish species and, under certain
circumstances, the measures may be
implemented inseason. However, under
no circumstances may the intention of
such management measures be simply
to provide more fish to a different user
group or to achieve other allocation
objectives. Therefore, distribution of
POP and darkblocked rockfish to the atsea sectors meets the criteria specified
in regulation at § 660.60(c)(3)(ii) and the
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PCGFMP for a routine management
measure.
During development of the 2017–18
harvest specifications and management
measures, the Council recommended,
and NMFS implemented, a new
category of ‘‘off-the-top’’ deduction,
known as a ‘‘buffer’’ (81 FR 75266). The
buffer consists of an amount of yield
that is deducted from the ACLs for
canary and darkblotched rockfish, and
POP, as described at § 660.55(b) and
specified in the footnotes to Tables 1a
and 2a to subpart C. This new
management measure set the fishery HG
at an amount after the buffer was
subtracted from the ACL. The result was
a specific amount of yield for each of
the three species (25 mt for POP, 50 mt
for darkblotched rockfish, and 188 mt
for canary rockfish) that was
unallocated at the start of the year, but
is held in reserve as a buffer, and can
be distributed to fisheries in need after
an unforeseen catch event occurs
inseason. Distribution of the buffer must
go to a sector that has demonstrated a
need for receiving such a distribution
and not for the sole purpose of
extending a fishery before a need is
demonstrated. Additionally, under the
buffer approach, all sectors received a
lower allocation of darkblotched
rockfish and POP in 2017 than they
would have if the entire ACL was
allocated; thereby, creating a potential
for foregone yield by most sectors.
However, foregone yield is expected to
be inconsequential because historic
attainment of these species has been
low, with an average attainment from
2011–2014 of 41 percent of the
darkblotched rockfish ACLs and 35
percent of the POP ACLs.
Pacific whiting fisheries encounter
Klamath River Chinook salmon
incidentally, particularly when fishing
off the central and southern Oregon
coast. At its March 2017 meeting, the
Council received the most recent
projections of salmon stock status
(Preseason Report I) and considered that
Klamath River Chinook will not meet
escapement goals for 2017 by a
historically large margin. At its April
2017 meeting, the Council
recommended complete closure of
commercial salmon fisheries off
southern Oregon and northern
California (approximately 44° N. lat. to
40°10′ N. lat.) and closure of
recreational salmon fisheries in similar
areas (approximately 42°45′ N. lat. to
40°10′ N. lat.) to protect Klamath River
Chinook salmon.
Chinook salmon bycatch in the Pacific
whiting fishery varies by latitude, with
81 percent of Chinook being taken when
fishing between Cape Falcon (45°46′ N.
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lat.) and Cape Blanco (42°50′ N. lat.).
This is a similar area in which Klamath
River Chinook stocks are commonly
encountered, where all commercial and
recreational salmon fishing in 2017 is
closed. At-sea processing of Pacific
whiting is currently prohibited south of
42° N. lat. (the Oregon-California
border) per regulations at § 660.131(e).
Both the MS and C/P sectors expressed
willingness at the April 2017 Council
meeting to modify operations to avoid
Chinook salmon bycatch, but
acknowledged that difficulties were
likely given their rockfish allocations
and historically high Pacific whiting
allocations. While moving harvesting
operations north to Washington and
northern Oregon has likely reduced
impacts of the Pacific whiting fishery on
Klamath River Chinook, catch of POP in
the Pacific whiting fisheries has
traditionally been highest when fishing
off Washington.
The limited availability of overfished
species that can be taken as incidental
catch in the Pacific whiting fisheries,
particularly darkblotched rockfish and
POP, led NMFS to implement sectorspecific allocations for these species to
the Pacific whiting fisheries. If the
sector-specific allocation for a nonwhiting species is reached, NMFS may
close one or more of the at-sea sectors
automatically, per regulations at
§ 660.60(d). At the start of 2017, the MS
and C/P sectors of the Pacific whiting
fishery were allocated 9.0 mt and 12.7
mt of POP, respectively, per regulations
at § 660.55(c)(1)(i)(B).
At the Council’s April meeting, the
MS sector requested an increase to their
POP set-aside to accommodate northern
movement of the fleet to reduce harvest
of Klamath River Chinook and to
prevent closure of the MS sector prior
to harvesting their full allocation of
Pacific whiting. To accommodate
movement of the at-sea fleets farther
north, away from Klamath River
Chinook and into waters with
historically higher catch rates of POP,
the Council recommended, and NMFS
implemented a distribution of 7 mt of
POP, from the off-the-top deductions
that were made at the start of the 2017–
2018 biennium, to the MS and C/P
sectors, 3.5 mt to each sector, to
accommodate potential catch of POP as
each sector prosecutes their 2017 Pacific
whiting allocations in areas where
bycatch of Klamath River Chinook is
less likely (May 16, 2017, 82 FR 22428).
The Council’s intent in distributing the
POP, that would otherwise go
unharvested, was to maintain 2017
harvest opportunities for the MS and C/
P sectors of the Pacific whiting fishery,
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while protecting Klamath River
Chinook.
At the June 2017 Council meeting, the
MS and C/P sectors requested access to
the darkblotched rockfish and POP
‘‘buffers’’ to continue to accommodate
the northern movement of the fleet to
reduce harvest of Klamath River
Chinook and to prevent closure of either
sector prior to harvesting their full
allocation of Pacific whiting. In
response to this request, the GMT
analyzed the current attainments of
Pacific whiting, darkblotched and
canary rockfishes, and POP, as well as
provided some model projections of the
estimated needs of the MS and C/P
sectors for the 2017 fishing season.
Based on the GMT’s analysis, as of
June 11, 2017, the MS sector had
attained 7.6 percent of their total
darkblotched rockfish allocation (0.9 mt
out of 11.8 mt), 20.2 percent of their
total POP allocation (2.5 mt out of 12.5
mt), and 22.2 percent of their total
Pacific whiting allocation (19,334 mt
out of 87,044 mt). Over the past 6 years,
(2011–2016) by June 11th of each year,
the MS sector has harvested an average
of 0.84 mt of darkblotched rockfish, 1.65
mt of POP, and 14,689.21 mt of Pacific
whiting.
Based on the GMT’s analysis, as of
June 11, 2017, the C/P sector had
attained 26 percent of their total
darkblotched rockfish allocation (4.3 mt
out of 16.4 mt), 51.1 percent of their
total POP allocation (8.3 mt out of 16.2
mt), and 31.9 percent of their total
Pacific whiting allocation (39,973.5 mt
out of 123,312 mt). Over the past 6
years, (2011–2016) by June 11th of each
year, the C/P sector has harvested an
average of 1.05 mt of darkblotched
rockfish, 1.35 mt of POP, and 31,595.85
mt of Pacific whiting.
On June 20, 2017, NMFS considered
additional POP, darkblotched rockfish,
and Pacific whiting landing information
for the C/P and MS sectors. As of that
date, the C/P sector had harvested 28.6
percent (4.69 mt out of 16.4 mt) of their
total darkblotched rockfish allocation,
89.81 percent (14.55 mt out of 16.2 mt)
of their total POP allocation, and 37.64
percent (46,413.13 mt out of 123,312 mt)
of their total Pacific whiting allocation.
Additionally, as of the same date, the
MS sector had harvested 8.56 percent
(1.01 mt out of 11.8 mt) of their total
darkblotched rockfish allocation, 22.64
percent (2.83 mt out of 12.5 mt) of their
total POP allocation, and 27.48 percent
(23,921.03 mt out of 87,044 mt) of their
total Pacific whiting allocation.
To continue to accommodate
movement of the at-sea fleets farther
north, away from Klamath River
Chinook and into waters with
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historically higher catch rates of POP,
both sectors would need additional
darkblotched rockfish and POP quota to
prevent their fishery from closing due to
exceeding their overfished species
allocations. The Council’s intent is to
provide fisheries with a demonstrated
need access to quota that would
otherwise go unharvested, maintain
2017 harvesting opportunities for the
MS and C/P sectors of the Pacific
whiting fishery, and continue protecting
Klamath River Chinook.
Therefore, after reviewing the best
available information on interactions
between the Pacific whiting fleet and
salmon, POP, and darkblotched
rockfish, the Council recommended and
NMFS is implementing a distribution of
25 mt of POP, from the off-the-top
deductions that were made at the start
of the 2017–2018 biennium, to the MS
and C/P sectors, 12.5 mt to each sector,
to accommodate potential catch of POP
as each sector prosecutes their 2017
Pacific whiting allocations in areas
where bycatch of Klamath River
Chinook is less likely. Additionally, the
Council recommended and NMFS is
implementing a distribution of 50 mt of
darkblotched rockfish, from the ‘‘off-thetop’’ deductions that were made at the
start of the 2017–2018 biennium, to the
MS and C/P sectors, 25 mt to each
sector, to accommodate potential catch
of darkblotched rockfish as each sector
prosecutes their 2017 Pacific whiting
harvest in areas where bycatch of
Klamath River Chinook is less likely.
These changes are implemented through
modifications to the footnotes for Table
1a and Table 1b to Part 660, Subpart C
of the CFR.
This rule distributes 25 mt of POP and
50 mt of darkblotched rockfish that is
anticipated to go unharvested through
the end of 2017 to the MS and C/P
sectors, implementing the Council’s
recommendation increases the POP
allocations to 25 mt for the MS sector
and 28.7 mt for the C/P sector and the
darkblotched rockfish set-asides to 36.8
mt for the MS sector and 41.4 mt for the
C/P sector. This rule also provides the
fleet added flexibility to fish in areas
where Klamath River Chinook are less
likely to be encountered while reducing
the risk of closure of the MS and C/P
sectors prior to full attainment of the
Pacific whiting allocation if higher catch
rates of POP and darkblotched rockfish
continue for the remainder of the 2017
fishing season. Transfer of POP and
darkblotched rockfish to the MS and C/
P sectors, when combined with
projected impacts from all other
sources, is not expected to result in
greater impacts to POP, darkblotched
rockfish, or other overfished species
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than originally projected through the
end of the year.
Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures, based on the
best available information, consistent
with the PCGFMP and its implementing
regulations.
This action is taken under the
authority of 50 CFR 660.60(c) and is
exempt from review under Executive
Order 12866.
The aggregate data upon which these
actions are based are available for public
inspection at the Office of the
Administrator, West Coast Region,
NMFS, during business hours.
NMFS finds good cause to waive prior
public notice and comment on the
revisions to groundfish management
measures under 5 U.S.C. 553(b) because
notice and comment would be
impracticable and contrary to the public
interest. Also, for the same reasons,
NMFS finds good cause to waive the 30day delay in effectiveness pursuant to 5
U.S.C. 553(d)(3), so that this final rule
may become effective July 3, 2017. The
adjustments to management measures in
this document affect commercial
fisheries in Washington, Oregon and
California. No aspect of this action is
controversial, and changes of this nature
were anticipated in the biennial harvest
specifications and management
measures established through a notice
and comment rulemaking for 2017–18.
Accordingly, for the reasons stated
below, NMFS finds good cause to waive
prior notice and comment and to waive
the delay in effectiveness.
Fishery Management Measures for
Lingcod LE and OA Fixed Gear North
and South of 40°10′ N. lat.
At its June 2017 meeting, the Council
recommended an increase to LE and OA
fixed gear lingcod trip limits north and
south of 40°10′ N. lat. be implemented
as quickly as possible to allow harvest
of lingcod to better attain, but not
exceed, the 2017 ACLs. There was not
sufficient time after that meeting to
undergo proposed and final rulemaking
before this action needs to be in effect.
Affording the time necessary for prior
notice and opportunity for public
comment would prevent NMFS from
managing the LE and OA fixed gear
fishery using the best available science
to increase harvesting opportunities
without exceeding the ACLs for
federally managed species in
accordance with the PCGFMP and
applicable law. These increases to trip
limits must be implemented as quickly
as possible to allow LE and OA fixed
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gear fishermen an opportunity to
harvest higher limits for lingcod
coastwide.
It is in the public interest for
fishermen to have an opportunity to
harvest more of the lingcod ACLs, north
and south of 40°10′ N. lat., because the
lingcod fishery contributes revenue to
the coastal communities of Washington,
Oregon, and California. This action, if
implemented quickly, is anticipated to
allow increased catch of lingcod
through the end of the year, and allows
harvest as intended by the Council,
consistent with the best scientific
information available.
The Council considered updated
discard mortality rates and the resulting
best available projections of yelloweye
rockfish harvest that became available at
its June 2017 meeting. Projected impacts
to yelloweye rockfish through the end of
the year were 0.7 mt below the
nearshore fishery’s 2.1 mt share of the
non-trawl allocation. Based on the new
information showing lower than
anticipated yelloweye rockfish discard
mortality, and the need to provide
additional harvesting opportunities for
healthy and underutilized groundfish
species, the Council recommended
modifying the shoreward boundary of
the non-trawl RCA to open additional
area, while keeping harvest of yelloweye
rockfish within its HGs and rebuilding
ACL.
asabaliauskas on DSKBBXCHB2PROD with RULES
Fishery Management Measures for the
Non-Trawl RCA between 40°10′ N. lat.
and 34°27′ N. lat.
It is in the public interest for
fisherman to have increased access to
fishing areas where high-value target
species, such as canary and chilipepper
rockfish, are available, because the
commercial non-trawl fisheries
contribute revenue to the coastal
communities of Washington, Oregon,
and California. This action, if
implemented quickly, is anticipated to
allow increased catch of healthy and
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underutilized groundfish, and allows
harvest as intended by the Council,
consistent with the best scientific
information available.
Transferring POP to the MS and C/P
Sectors
At its June 2017 meeting, the Council
recommended that the distribution of
POP and darkblotched rockfish
‘‘buffers’’ to the MS and C/P sectors and
be implemented as quickly as possible
to facilitate fishing for Pacific whiting in
northern waters to avoid bycatch of
Klamath River Chinook salmon. There
was not sufficient time after that
meeting to undergo proposed and final
rulemaking before this action needs to
be in effect. Affording the time
necessary for prior notice and
opportunity for public comment would
postpone transfer of POP and
darkblotched rockfish to the MS and C/
P sectors until later in the season, or
potentially eliminate the possibility or
doing so during the 2017 calendar year
entirely, and is therefore impractical.
Failing to reapportion POP and
darkblotched rockfish to the MS and C/
P sectors in a timely manner could
result in additional impacts to Klamath
River Chinook salmon if catch of POP or
darkblotched rockfish approaches the
MS or C/P sectors’ POP and
darkblotched rockfish allocations and
the fleet moves south to prevent a
closure prior to their Pacific whiting
allocations being harvested.
Additionally, failing to reapportion the
POP and darkblotched rockfish
‘‘buffers’’ in a timely manner could
leave quota unharvested through the
end of the year, which would prevent
harvest as intended by the Council. New
information and analyses that became
available to the Council in June indicate
that both the MS and C/P sectors need
additional POP and darkblotched
rockfish to decrease the likelihood of
closing one or more of these sectors due
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31499
to attainment of their rockfish
allocations. Therefore, distribution of
the POP and darkblotched rockfish
buffers is consistent with regulations at
§ 660.60(c)(3)(ii).
It is in the public interest for the MS
and C/P sectors to have an opportunity
to harvest their allocations of Pacific
whiting without interruption because
the Pacific whiting fishery contributes a
large amount of revenue to the coastal
communities of Washington and
Oregon. Additionally, it is in the public
interest to continue to protect Klamath
River Chinook and reduce potential
fishing impacts from the Pacific whiting
fishery in areas where directed salmon
fishing has been prohibited. Providing
more POP and darkblotched rockfish to
the MS and C/P sector would allow
them to fish further north, lowering the
chances of encountering Klamath River
Chinook. This action facilitates fleet
dynamics to avoid bycatch of Klamath
River Chinook salmon, and allows
harvest as intended by the Council,
consistent with the best scientific
information available.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: July 3, 2017.
Jennifer M. Wallace,
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. Tables 1a and 1b to part 660,
subpart C, are revised to read as follows:
■
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a Annual catch limits (ACLs), annual catch
targets (ACTs) and harvest guidelines (HGs)
are specified as total catch values.
b Fishery HGs means the HG or quota after
subtracting Pacific Coast treaty Indian tribes
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allocations and projected catch, projected
research catch, deductions for fishing
mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
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c Bocaccio. A stock assessment was
conducted in 2015 for the bocaccio stock
between the U.S.-Mexico border and Cape
Blanco. The stock is managed with stockspecific harvest specifications south of 40°10’
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Table la to Part 660, Subpart C- 2017, Specifications of OFL, ABC, ACL, ACT and
Fishery HG (Weights in Metric Tons)
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N. lat. and within the Minor Shelf Rockfish
complex north of 40°10’ N. lat. A historical
catch distribution of approximately 7.4
percent was used to apportion the assessed
stock to the area north of 40°10’ N. lat. The
bocaccio stock was estimated to be at 36.8
percent of its unfished biomass in 2015. The
OFL of 2,139 mt is projected in the 2015
stock assessment using an FMSY proxy of
F50%. The ABC of 2,044 mt is a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45)
because it is a category 1 stock. The 790 mt
ACL is based on the current rebuilding plan
with a target year to rebuild of 2022 and an
SPR harvest rate of 77.7 percent. 15.4 mt is
deducted from the ACL to accommodate the
incidental open access fishery (0.8 mt), EFP
catch (10 mt) and research catch (4.6 mt),
resulting in a fishery HG of 774.6 mt. The
California recreational fishery has an HG of
326.1 mt.
d Cowcod. A stock assessment for the
Conception Area was conducted in 2013 and
the stock was estimated to be at 33.9 percent
of its unfished biomass in 2013. The
Conception Area OFL of 58 mt is projected
in the 2013 rebuilding analysis using an
FMSY proxy of F50%. The OFL contribution
of 12 mt for the unassessed portion of the
stock in the Monterey area is based on
depletion-based stock reduction analysis.
The OFLs for the Monterey and Conception
areas were summed to derive the south of
40°10’ N. lat. OFL of 70 mt. The ABC for the
area south of 40°10’ N. lat. is 63 mt. The
assessed portion of the stock in the
Conception Area is considered category 2,
with a Conception area contribution to the
ABC of 53 mt, which is an 8.7 percent
reduction from the Conception area OFL
(s=0.72/P*=0.45). The unassessed portion of
the stock in the Monterey area is considered
a category 3 stock, with a contribution to the
ABC of 10 mt, which is a 16.6 percent
reduction from the Monterey area OFL
(s=1.44/P*=0.45). A single ACL of 10 mt is
being set for both areas combined. The ACL
of 10 mt is based on the rebuilding plan with
a target year to rebuild of 2020 and an SPR
harvest rate of 82.7 percent, which is
equivalent to an exploitation rate (catch over
age 11+ biomass) of 0.007. 2 mt is deducted
from the ACL to accommodate the incidental
open access fishery (less than 0.1 mt), EFP
fishing (less than 0.1 mt) and research
activity (2 mt), resulting in a fishery HG of
8 mt. Any additional mortality in research
activities will be deducted from the ACL. A
single ACT of 4 mt is being set for both areas
combined.
e Darkblotched rockfish. A 2015 stock
assessment estimated the stock to be at 39
percent of its unfished biomass in 2015. The
OFL of 671 mt is projected in the 2015 stock
assessment using an FMSY proxy of F50%.
The ABC of 641 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to
the ABC, as the stock is projected to be above
its target biomass of B40% in 2017. 77.3 mt
is deducted from the ACL to accommodate
the Tribal fishery (0.2 mt), the incidental
open access fishery (24.5 mt), EFP catch (0.1
mt), research catch (2.5 mt) and an additional
deduction for unforeseen catch events (50
mt), resulting in a fishery HG of 563.8 mt. Of
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the 50 mt initially deducted from the ACL to
account for unforeseen catch events, 50 mt is
distributed to the mothership and catcher/
processor sectors inseason, 25 mt to each
sector, consistent with 660.60(c)(3)(ii).
f Pacific ocean perch. A stock assessment
was conducted in 2011 and the stock was
estimated to be at 19.1 percent of its unfished
biomass in 2011. The OFL of 964 mt for the
area north of 40°10’ N. lat. is based on an
updated catch-only projection of the 2011
rebuilding analysis using an F50% FMSY
proxy. The ABC of 922 mt is a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45)
because it is a category 1 stock. The ACL is
based on the current rebuilding plan with a
target year to rebuild of 2051 and a constant
catch amount of 281 mt in 2017 and 2018,
followed in 2019 and beyond by ACLs based
on an SPR harvest rate of 86.4 percent. 49.4
mt is deducted from the ACL to
accommodate the Tribal fishery (9.2 mt), the
incidental open access fishery (10 mt),
research catch (5.2 mt) and an additional
deduction for unforeseen catch events (25
mt), resulting in a fishery HG of 231.6 mt. Of
the 10 mt initially deducted from the ACL to
account for mortality in the incidental open
access fishery, a total of 7 mt is distributed
to the mothership and catcher/processor
sectors inseason, 3.5 mt to each sector
consistent with 660.60(c)(3)(ii), resulting in a
3 mt deduction from the ACL for mortality
in the incidental open access fishery. Of the
25 mt initially deducted from the ACL to
account for unforeseen catch events, 25 mt is
distributed to the mothership and catcher/
processor sectors inseason, 12.5 mt to each
sector, consistent with 660.60(c)(3)(ii).
g Yelloweye rockfish. A stock assessment
update was conducted in 2011. The stock
was estimated to be at 21.4 percent of its
unfished biomass in 2011. The 57 mt
coastwide OFL is based on a catch-only
update of the 2011 stock assessment,
assuming actual catches since 2011 and using
an FMSY proxy of F50%. The ABC of 47 mt
is a 16.7 percent reduction from the OFL
(s=0.72/P*=0.40) because it is a category 2
stock. The 20 mt ACL is based on the current
rebuilding plan with a target year to rebuild
of 2074 and an SPR harvest rate of 76.0
percent. 5.4 mt is deducted from the ACL to
accommodate the Tribal fishery (2.3 mt), the
incidental open access fishery (0.4 mt), EFP
catch (less than 0.1 mt) and research catch
(2.7 mt), resulting in a fishery HG of 14.6 mt.
Recreational HGs are: 3.3 mt (Washington); 3
mt (Oregon); and 3.9 mt (California).
h Arrowtooth flounder. The arrowtooth
flounder stock was last assessed in 2007 and
was estimated to be at 79 percent of its
unfished biomass in 2007. The OFL of 16,571
mt is derived from a catch-only update of the
2007 stock assessment assuming actual
catches since 2007 and using an F30% FMSY
proxy. The ABC of 13,804 mt is a 16.7
percent reduction from the OFL (s=0.72/
P*=0.40) because it is a category 2 stock. The
ACL is set equal to the ABC because the stock
is above its target biomass of B25%. 2,098.1
mt is deducted from the ACL to
accommodate the Tribal fishery (2,041 mt),
the incidental open access fishery (40.8 mt),
and research catch (16.4 mt), resulting in a
fishery HG of 11,705.9 mt.
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i Big skate. The OFL of 541 mt is based on
an estimate of trawl survey biomass and
natural mortality. The ABC of 494 mt is an
8.7 percent reduction from the OFL (s=0.72/
P*=0.45) as it is a category 2 stock. The ACL
is set equal to the ABC. 57.4 mt is deducted
from the ACL to accommodate the Tribal
fishery (15 mt), the incidental open access
fishery (38.4 mt), and research catch (4 mt),
resulting in a fishery HG of 436.6 mt.
j Black rockfish (California). A 2015 stock
assessment estimated the stock to be at 33
percent of its unfished biomass in 2015. The
OFL of 349 mt is projected in the 2015 stock
assessment using an FMSY proxy of F50%.
The ABC of 334 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to
the ABC because the stock is projected to be
above its target biomass of B40% in 2017. 1
mt is deducted from the ACL to
accommodate EFP catch (1 mt), resulting in
a fishery HG of 333 mt.
k Black rockfish (Oregon). A 2015 stock
assessment estimated the stock to be at 60
percent of its unfished biomass in 2015. The
OFL of 577 mt is projected in the 2015 stock
assessment using an FMSY proxy of F50%.
The ABC of 527 mt is an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45)
because it is a category 2 stock. The ACL is
set equal to the ABC because the stock is
above its target biomass of B40%. 0.6 mt is
deducted from the ACL to accommodate the
incidental open access fishery (0.6 mt),
resulting in a fishery HG of 526.4 mt.
l Black rockfish (Washington). A 2015 stock
assessment estimated the stock to be at 43
percent of its unfished biomass in 2015. The
OFL of 319 mt is projected in the 2015 stock
assessment using an FMSY proxy of F50%.
The ABC of 305 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to
the ABC because the stock is above its target
biomass of B40%. 18 mt is deducted from the
ACL to accommodate the Tribal fishery,
resulting in a fishery HG of 287 mt.
m Blackgill rockfish. Blackgill rockfish
contributes to the harvest specifications for
the Minor Slope Rockfish South complex.
See footnote/pp.
n Cabezon (California). A cabezon stock
assessment was conducted in 2009. The
cabezon spawning biomass in waters off
California was estimated to be at 48.3 percent
of its unfished biomass in 2009. The OFL of
157 mt is calculated using an FMSY proxy
of F45%. The ABC of 150 mt is based on a
4.4 percent reduction from the OFL (s=0.36/
P*=0.45) because it is a category 1 stock. The
ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 0.3 mt
is deducted from the ACL to accommodate
the incidental open access fishery, resulting
in a fishery HG of 149.7 mt.
o Cabezon (Oregon). A cabezon stock
assessment was conducted in 2009. The
cabezon spawning biomass in waters off
Oregon was estimated to be at 52 percent of
its unfished biomass in 2009. The OFL of 49
mt is calculated using an FMSY proxy of
F45%. The ABC of 47 mt is based on a 4.4
percent reduction from the OFL (s=0.36/
P*=0.45) because it is a category 1 species.
The ACL is set equal to the ABC because the
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stock is above its target biomass of B40%.
There are no deductions from the ACL so the
fishery HG is also equal to the ACL of 47 mt.
p California scorpionfish. A California
scorpionfish assessment was conducted in
2005 and was estimated to be at 79.8 percent
of its unfished biomass in 2005. The OFL of
289 mt is based on projections from a catchonly update of the 2005 assessment assuming
actual catches since 2005 and using an FMSY
harvest rate proxy of F50%. The ABC of 264
mt is an 8.7 percent reduction from the OFL
(s=0.72/P*=0.45) because it is a category 2
stock. The ACL is set at a constant catch
amount of 150 mt. 2.2 mt is deducted from
the ACL to accommodate the incidental open
access fishery (2 mt) and research catch (0.2
mt), resulting in a fishery HG of 147.8 mt. An
ACT of 111 mt is established.
q Canary rockfish. A stock assessment was
conducted in 2015 and the stock was
estimated to be at 55.5 percent of its unfished
biomass coastwide in 2015. The coastwide
OFL of 1,793 mt is projected in the 2015
assessment using an FMSY harvest rate proxy
of F50%. The ABC of 1,714 mt is a 4.4
percent reduction from the OFL (s=0.36/
P*=0.45) because it is a category 1 stock. The
ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 247 mt
is deducted from the ACL to accommodate
the Tribal fishery (50 mt), the incidental open
access fishery (1.2 mt), EFP catch (1 mt),
research catch (7.2 mt), and an additional
deduction for unforeseen catch events (188
mt), resulting in a fishery HG of 1,466.6 mt.
Recreational HGs are: 50 mt (Washington); 75
mt (Oregon); and 135 mt (California).
r Chilipepper. A coastwide update
assessment of the chilipepper stock was
conducted in 2015 and estimated to be at 64
percent of its unfished biomass in 2015.
Chilipepper are managed with stock-specific
harvest specifications south of 40°10′ N. lat.
and within the Minor Shelf Rockfish
complex north of 40°10′ N. lat. Projected
OFLs are stratified north and south of 40°10′
N. lat. based on the average historical
assessed area catch, which is 93 percent for
the area south of 40°10′ N. lat. and 7 percent
for the area north of 40°10′ N. lat. The OFL
of 2,727 mt for the area south of 40°10′ N.
lat. is projected in the 2015 assessment using
an FMSY proxy of F50%. The ABC of 2,607
mt is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) because it is a category 1
stock. The ACL is set equal to the ABC
because the stock is above its target biomass
of B40%. 45.9 mt is deducted from the ACL
to accommodate the incidental open access
fishery (5 mt), EFP fishing (30 mt), and
research catch (10.9 mt), resulting in a fishery
HG of 2,561.1 mt.
s Dover sole. A 2011 Dover sole assessment
estimated the stock to be at 83.7 percent of
its unfished biomass in 2011. The OFL of
89,702 mt is based on an updated catch-only
projection from the 2011 stock assessment
assuming actual catches since 2011 and using
an FMSY proxy of F30%. The ABC of 85,755
mt is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) because it is a category 1
stock. The ACL could be set equal to the ABC
because the stock is above its target biomass
of B25%. However, the ACL of 50,000 mt is
set at a level below the ABC and higher than
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the maximum historical landed catch.
1,593.7 mt is deducted from the ACL to
accommodate the Tribal fishery (1,497 mt),
the incidental open access fishery (54.8 mt),
and research catch (41.9 mt), resulting in a
fishery HG of 48,406.3 mt.
t English sole. A 2013 stock assessment was
conducted, which estimated the stock to be
at 88 percent of its unfished biomass in 2013.
The OFL of 10,914 mt is projected in the
2013 assessment using an FMSY proxy of
F30%. The ABC of 9,964 mt is an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45)
because it is a category 2 stock. The ACL is
set equal to the ABC because the stock is
above its target biomass of B25%. 212.8 mt
is deducted from the ACL to accommodate
the Tribal fishery (200 mt), the incidental
open access fishery (7.0 mt) and research
catch (5.8 mt), resulting in a fishery HG of
9,751.2 mt.
u Lingcod north. The 2009 lingcod
assessment modeled two populations north
and south of the California-Oregon border
(42° N. lat.). Both populations were healthy
with stock depletion estimated at 62 and 74
percent for the north and south, respectively
in 2009. The OFL is based on an updated
catch-only projection from the 2009
assessment assuming actual catches since
2009 and using an FMSY proxy of F45%. The
OFL is apportioned north of 40°10′ N. lat. by
adding 48% of the OFL from California,
resulting in an OFL of 3,549 mt for the area
north of 40°10′ N. lat. The ABC of 3,333 mt
is based on a 4.4 percent reduction (s=0.36/
P*=0.45) from the OFL contribution for the
area north of 42° N. lat. because it is a
category 1 stock, and an 8.7 percent
reduction (s=0.72/P*=0.45) from the OFL
contribution for the area between 42° N. lat.
and 40°10′ N. lat. because it is a category 2
stock. The ACL is set equal to the ABC
because the stock is above its target biomass
of B40%. 278.2 mt is deducted from the ACL
for the Tribal fishery (250 mt), the incidental
open access fishery (16 mt), EFP catch (0.5
mt) and research catch (11.7 mt), resulting in
a fishery HG of 3,054.8 mt.
v Lingcod south. The 2009 lingcod
assessment modeled two populations north
and south of the California-Oregon border
(42° N. lat.). Both populations were healthy
with stock depletion estimated at 62 and 74
percent for the north and south, respectively
in 2009.The OFL is based on an updated
catch-only projection of the 2009 stock
assessment assuming actual catches since
2009 using an FMSY proxy of F45%. The
OFL is apportioned by subtracting 48% of the
California OFL, resulting in an OFL of 1,502
mt for the area south of 40°10′ N. lat. The
ABC of 1,251 mt is based on a 16.7 percent
reduction from the OFL (s=0.72/P*=0.40)
because it is a category 2 stock. The ACL is
set equal to the ABC because the stock is
above its target biomass of B40%. 9 mt is
deducted from the ACL to accommodate the
incidental open access fishery (6.9 mt), EFP
fishing (1 mt), and research catch (1.1 mt),
resulting in a fishery HG of 1,242 mt.
w Longnose skate. A stock assessment was
conducted in 2007 and the stock was
estimated to be at 66 percent of its unfished
biomass. The OFL of 2,556 mt is derived
from the 2007 stock assessment using an
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FMSY proxy of F50%. The ABC of 2,444 mt
is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) because it is a category 1
stock. The ACL of 2,000 mt is a fixed harvest
level that provides greater access to the stock
and is less than the ABC. 147 mt is deducted
from the ACL to accommodate the Tribal
fishery (130 mt), incidental open access
fishery (3.8 mt), and research catch (13.2 mt),
resulting in a fishery HG of 1,853 mt.
x Longspine thornyhead. A 2013 longspine
thornyhead coastwide stock assessment
estimated the stock to be at 75 percent of its
unfished biomass in 2013. A coastwide OFL
of 4,571 mt is projected in the 2013 stock
assessment using an F50% FMSY proxy. The
coastwide ABC of 3,808 mt is a 16.7 percent
reduction from the OFL (s=0.72/P*=0.40)
because it is a category 2 stock. For the
portion of the stock that is north of 34°27′ N.
lat., the ACL is 2,894 mt, and is 76 percent
of the coastwide ABC based on the average
swept-area biomass estimates (2003–2012)
from the NMFS NWFSC trawl survey. 46.8
mt is deducted from the ACL to
accommodate the Tribal fishery (30 mt), the
incidental open access fishery (3.3 mt), and
research catch (13.5 mt), resulting in a fishery
HG of 2,847.2 mt. For that portion of the
stock south of 34°27′ N. lat. the ACL is 914
mt and is 24 percent of the coastwide ABC
based on the average swept-area biomass
estimates (2003–2012) from the NMFS
NWFSC trawl survey. 3.2 mt is deducted
from the ACL to accommodate the incidental
open access fishery (1.8 mt), and research
catch (1.4 mt), resulting in a fishery HG of
910.8 mt.
y Pacific cod. The 3,200 mt OFL is based
on the maximum level of historic landings.
The ABC of 2,221 mt is a 30.6 percent
reduction from the OFL (s=1.44/P*=0.40)
because it is a category 3 stock. The 1,600 mt
ACL is the OFL reduced by 50 percent as a
precautionary adjustment. 509 mt is
deducted from the ACL to accommodate the
Tribal fishery (500 mt), research catch (7 mt),
and the incidental open access fishery (2 mt),
resulting in a fishery HG of 1,091 mt.
z Pacific whiting. The coastwide (U.S. and
Canada) stock assessment was published in
2017 and estimated the spawning stock to be
at 89 percent of its unfished biomass. The
2017 coastwide OFL of 969,840 mt is based
on the 2017 assessment with an F40% FMSY
proxy. The 2017 coastwide, unadjusted Total
Allowable Catch (TAC) of 531,501 mt is
based on the 2017 stock assessment and the
recommendation by the Joint Management
Committee (JMC), based on a precautionary
approach. The U.S. TAC is 73.88 percent of
the coastwide TAC, or 392,673 mt unadjusted
TAC for 2017. 15 percent of each party’s
unadjusted 2016 TAC (48,760 mt for the U.S)
is added to each party’s 2017 unadjusted
TAC, resulting in a U.S. adjusted 2017 TAC
of 431,433 mt. The 2017 fishery HG for
Pacific whiting is 362,682 mt. This amount
was determined by deducting from the total
U.S. TAC of 431,433 mt, the 77,251 mt tribal
allocation, along with 1,500 mt for scientific
research catch and fishing mortality in nongroundfish fisheries.
aa Petrale sole. A 2015 stock assessment
update was conducted, which estimated the
stock to be at 31 percent of its unfished
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biomass in 2015. The OFL of 3,280 mt is
projected in the 2015 assessment using an
FMSY proxy of F30%. The ABC of 3,136 mt
is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) because it is a category 1
stock. The ACL is set equal to the ABC
because the stock is above its target biomass
of B25%. 240.9 mt is deducted from the ACL
to accommodate the Tribal fishery (220 mt),
the incidental open access fishery (3.2 mt)
and research catch (17.7 mt), resulting in a
fishery HG of 2,895.1 mt.
bb Sablefish north. A coastwide sablefish
stock assessment update was conducted in
2015. The coastwide sablefish biomass was
estimated to be at 33 percent of its unfished
biomass in 2015. The coastwide OFL of 8,050
mt is projected in the 2015 stock assessment
using an FMSY proxy of F45%. The ABC of
7,350 mt is an 8.7 percent reduction from the
OFL (s=0.36/P*=0.40). The 40–10 adjustment
is applied to the ABC to derive a coastwide
ACL value because the stock is in the
precautionary zone. This coastwide ACL
value is not specified in regulations. The
coastwide ACL value is apportioned north
and south of 36° N. lat., using the 2003–2014
average estimated swept area biomass from
the NMFS NWFSC trawl survey, with 73.8
percent apportioned north of 36° N. lat. and
26.2 percent apportioned south of 36° N. lat.
The northern ACL is 5,252 mt and is reduced
by 525 mt for the Tribal allocation (10
percent of the ACL north of 36° N. lat.). The
525 mt Tribal allocation is reduced by 1.5
percent to account for discard mortality.
Detailed sablefish allocations are shown in
Table 1c.
cc Sablefish south. The ACL for the area
south of 36° N. lat. is 1,864 mt (26.2 percent
of the calculated coastwide ACL value). 5 mt
is deducted from the ACL to accommodate
the incidental open access fishery (2 mt) and
research catch (3 mt), resulting in a fishery
HG of 1,859 mt.
dd Shortbelly rockfish. A non-quantitative
shortbelly rockfish assessment was
conducted in 2007. The spawning stock
biomass of shortbelly rockfish was estimated
to be 67 percent of its unfished biomass in
2005. The OFL of 6,950 mt is based on the
estimated MSY in the 2007 stock assessment.
The ABC of 5,789 mt is a 16.7 percent
reduction of the OFL (s=0.72/P*=0.40)
because it is a category 2 stock. The 500 mt
ACL is set to accommodate incidental catch
when fishing for co-occurring healthy stocks
and in recognition of the stock’s importance
as a forage species in the California Current
ecosystem. 10.9 mt is deducted from the ACL
to accommodate the incidental open access
fishery (8.9 mt) and research catch (2 mt),
resulting in a fishery HG of 489.1 mt.
ee Shortspine thornyhead. A 2013
coastwide shortspine thornyhead stock
assessment estimated the stock to be at 74.2
percent of its unfished biomass in 2013. A
coastwide OFL of 3,144 mt is projected in the
2013 stock assessment using an F50% FMSY
proxy. The coastwide ABC of 2,619 mt is a
16.7 percent reduction from the OFL (s=0.72/
P*=0.40) because it is a category 2 stock. For
the portion of the stock that is north of 34°27′
N. lat., the ACL is 1,713 mt. The northern
ACL is 65.4 percent of the coastwide ABC
based on the average swept-area biomass
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estimates (2003–2012) from the NMFS
NWFSC trawl survey. 59 mt is deducted from
the ACL to accommodate the Tribal fishery
(50 mt), the incidental open access fishery
(1.8 mt), and research catch (7.2 mt),
resulting in a fishery HG of 1,654 mt for the
area north of 34°27′ N. lat. For that portion
of the stock south of 34°27′ N. lat. the ACL
is 906 mt. The southern ACL is 34.6 percent
of the coastwide ABC based on the average
swept-area biomass estimates (2003–2012)
from the NMFS NWFSC trawl survey. 42.3
mt is deducted from the ACL to
accommodate the incidental open access
fishery (41.3 mt) and research catch (1 mt),
resulting in a fishery HG of 863.7 mt for the
area south of 34°27′ N. lat.
ff Spiny dogfish. A coastwide spiny dogfish
stock assessment was conducted in 2011. The
coastwide spiny dogfish biomass was
estimated to be at 63 percent of its unfished
biomass in 2011. The coastwide OFL of 2,514
mt is derived from the 2011 assessment using
an FMSY proxy of F50%. The coastwide ABC
of 2,094 mt is a 16.7 percent reduction from
the OFL (s=0.72/P*=0.40) because it is a
category 2 stock. The ACL is set equal to the
ABC because the stock is above its target
biomass of B40%. 338 mt is deducted from
the ACL to accommodate the Tribal fishery
(275 mt), the incidental open access fishery
(49.5 mt), EFP catch (1 mt), and research
catch (12.5 mt), resulting in a fishery HG of
1,756 mt.
gg Splitnose rockfish. A coastwide splitnose
rockfish assessment was conducted in 2009
that estimated the stock to be at 66 percent
of its unfished biomass in 2009. Splitnose
rockfish in the north is managed in the Minor
Slope Rockfish complex and with stockspecific harvest specifications south of 40°10′
N. lat. The coastwide OFL is projected in the
2009 assessment using an FMSY proxy of
F50%. The coastwide OFL is apportioned
north and south of 40°10′ N. lat. based on the
average 1916–2008 assessed area catch,
resulting in 64.2 percent of the coastwide
OFL apportioned south of 40°10′ N. lat., and
35.8 percent apportioned for the contribution
of splitnose rockfish to the northern Minor
Slope Rockfish complex. The southern OFL
of 1,841 mt results from the apportionment
described above. The southern ABC of 1,760
mt is a 4.4 percent reduction from the
southern OFL (s=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to
the ABC because the stock is estimated to be
above its target biomass of B40%. 10.7 mt is
deducted from the ACL to accommodate the
incidental open access fishery (0.2 mt),
research catch (9 mt) and EFP catch (1.5 mt),
resulting in a fishery HG of 1,749.3 mt.
hh Starry flounder. The stock was assessed
in 2005 and was estimated to be above 40
percent of its unfished biomass in 2005 (44
percent in Washington and Oregon, and 62
percent in California). The coastwide OFL of
1,847 mt is set equal to the 2016 OFL, which
was derived from the 2005 assessment using
an FMSY proxy of F30%. The ABC of 1,282
mt is a 30.6 percent reduction from the OFL
(s=1.44/P*=0.40) because it is a category 3
stock. The ACL is set equal to the ABC
because the stock was estimated to be above
its target biomass of B25% in 2017. 10.3 mt
is deducted from the ACL to accommodate
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the Tribal fishery (2 mt), and the incidental
open access fishery (8.3 mt), resulting in a
fishery HG of 1,271.7 mt.
ii Widow rockfish. The widow rockfish
stock was assessed in 2015 and was
estimated to be at 75 percent of its unfished
biomass in 2015. The OFL of 14,130 mt is
projected in the 2015 stock assessment using
the F50% FMSY proxy. The ABC of 13,508
mt is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) because it is a category 1
stock. The ACL is set equal to the ABC
because the stock is above its target biomass
of B40%. 217.7 mt is deducted from the ACL
to accommodate the Tribal fishery (200 mt),
the incidental open access fishery (0.5 mt),
EFP catch (9 mt) and research catch (8.2 mt),
resulting in a fishery HG of 13,290.3 mt.
jj Yellowtail rockfish. A 2013 yellowtail
rockfish stock assessment was conducted for
the portion of the population north of 40°10′
N. lat. The estimated stock depletion was 67
percent of its unfished biomass in 2013. The
OFL of 6,786 mt is projected in the 2013
stock assessment using an FMSY proxy of
F50%. The ABC of 6,196 mt is an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45)
because it is a category 2 stock. The ACL is
set equal to the ABC because the stock is
above its target biomass of B40%. 1,030 mt
is deducted from the ACL to accommodate
the Tribal fishery (1,000 mt), the incidental
open access fishery (3.4 mt), EFP catch (10
mt) and research catch (16.6 mt), resulting in
a fishery HG of 5,166.1 mt.
kk Minor Nearshore Rockfish north. The
OFL for Minor Nearshore Rockfish north of
40°10′ N. lat. of 118 mt is the sum of the OFL
contributions for the component species
managed in the complex. The ABCs for the
minor rockfish complexes are based on a
sigma value of 0.72 for category 2 stocks
(blue/deacon rockfish in California, brown
rockfish, China rockfish, and copper
rockfish) and a sigma value of 1.44 for
category 3 stocks (all others) with a P* of
0.45. The resulting ABC of 105 mt is the
summed contribution of the ABCs for the
component species. The ACL of 105 mt is the
sum of contributing ABCs of healthy assessed
stocks and unassessed stocks, plus the ACL
contributions for blue/deacon rockfish in
California where the 40–10 adjustment was
applied to the ABC contribution for this stock
because it is in the precautionary zone. 1.8
mt is deducted from the ACL to
accommodate the Tribal fishery (1.5 mt) and
the incidental open access fishery (0.3 mt),
resulting in a fishery HG of 103.2 mt.
Between 40°10′ N. lat. and 42° N. lat. the
Minor Nearshore Rockfish complex north has
a HG of 40.2 mt. Blue/deacon rockfish south
of 42° N. lat. has a stock-specific HG,
described in footnote nn/.
ll Minor Shelf Rockfish north. The OFL for
Minor Shelf Rockfish north of 40°10′ N. lat.
of 2,303 mt is the sum of the OFL
contributions for the component species
within the complex. The ABCs for the minor
rockfish complexes are based on a sigma
value of 0.36 for a category 1 stock
(chilipepper), a sigma value of 0.72 for
category 2 stocks (greenspotted rockfish
between 40°10′ and 42° N. lat. and
greenstriped rockfish), and a sigma value of
1.44 for category 3 stocks (all others) with a
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P* of 0.45. The resulting ABC of 2,049 mt is
the summed contribution of the ABCs for the
component species. The ACL of 2,049 mt is
the sum of contributing ABCs of healthy
assessed stocks and unassessed stocks, plus
the ACL contribution of greenspotted
rockfish in California where the 40–10
adjustment was applied to the ABC
contribution for this stock because it is in the
precautionary zone. 83.8 mt is deducted from
the ACL to accommodate the Tribal fishery
(30 mt), the incidental open access fishery
(26 mt), EFP catch (3 mt), and research catch
(24.8 mt), resulting in a fishery HG of 1,965.2
mt.
mm Minor Slope Rockfish north. The OFL
for Minor Slope Rockfish north of 40°10′ N.
lat. of 1,897 mt is the sum of the OFL
contributions for the component species
within the complex. The ABCs for the Minor
Slope Rockfish complexes are based on a
sigma value of 0.39 for aurora rockfish, a
sigma value of 0.36 for the other category 1
stock (splitnose rockfish), a sigma value of
0.72 for category 2 stocks (rougheye rockfish,
blackspotted rockfish, and sharpchin
rockfish), and a sigma value of 1.44 for
category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.39 was calculated
for aurora rockfish because the variance in
estimated spawning biomass was greater than
the 0.36 used as a proxy for other category
1 stocks. The resulting ABC of 1,755 mt is the
summed contribution of the ABCs for the
component species. The ACL is set equal to
the ABC because all the assessed component
stocks (i.e., rougheye rockfish, blackspotted
rockfish, sharpchin rockfish, and splitnose
rockfish) are above the target biomass of
B40%. 65.1 mt is deducted from the ACL to
accommodate the Tribal fishery (36 mt), the
incidental open access fishery (18.6 mt), EFP
catch (1 mt), and research catch (9.5 mt),
resulting in a fishery HG of 1,689.9 mt.
nn Minor Nearshore Rockfish south. The
OFL for the Minor Nearshore Rockfish
complex south of 40°10′ N. lat. of 1,329 mt
is the sum of the OFL contributions for the
component species within the complex. The
ABC for the southern Minor Nearshore
Rockfish complex is based on a sigma value
of 0.72 for category 2 stocks (i.e., blue/deacon
rockfish north of 34°27′ N. lat., brown
rockfish, China rockfish, and copper
rockfish) and a sigma value of 1.44 for
category 3 stocks (all others) with a P* of
0.45. The resulting ABC of 1,166 mt is the
summed contribution of the ABCs for the
component species. The ACL of 1,163 mt is
the sum of the contributing ABCs of healthy
assessed stocks and unassessed stocks, plus
the ACL contribution for blue/deacon
rockfish north of 34°27′ N. lat. and China
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rockfish where the 40–10 adjustment was
applied to the ABC contributions for these
two stocks because they are in the
precautionary zone. 4.1 mt is deducted from
the ACL to accommodate the incidental open
access fishery (1.4 mt) and research catch (2.7
mt), resulting in a fishery HG of 1,158.9 mt.
Blue/deacon rockfish south of 42° N. lat. has
a stock-specific HG set equal to the 40–10adjusted ACL for the portion of the stock
north of 34°27′ N lat. (243.7 mt) plus the ABC
contribution for the unassessed portion of the
stock south of 34°27′ N. lat. (60.8 mt). The
California (i.e. south of 42° N. lat.) blue/
deacon rockfish HG is 304.5 mt.
oo Minor Shelf Rockfish south. The OFL for
the Minor Shelf Rockfish complex south of
40°10′ N. lat. of 1,917 mt is the sum of the
OFL contributions for the component species
within the complex. The ABC for the
southern Minor Shelf Rockfish complex is
based on a sigma value of 0.72 for category
2 stocks (greenspotted and greenstriped
rockfish) and a sigma value of 1.44 for
category 3 stocks (all others) with a P* of
0.45. The resulting ABC of 1,624 mt is the
summed contribution of the ABCs for the
component species. The ACL of 1,623 mt is
the sum of contributing ABCs of healthy
assessed stocks and unassessed stocks, plus
the ACL contribution of greenspotted
rockfish in California where the 40–10
adjustment was applied to the ABC
contribution for this stock because it is in the
precautionary zone. 47.2 mt is deducted from
the ACL to accommodate the incidental open
access fishery (8.6 mt), EFP catch (30 mt),
and research catch (8.6 mt), resulting in a
fishery HG of 1,575.8 mt.
pp Minor Slope Rockfish south. The OFL of
827 mt is the sum of the OFL contributions
for the component species within the
complex. The ABC for the southern Minor
Slope Rockfish complex is based on a sigma
value of 0.39 for aurora rockfish, a sigma
value of 0.72 for category 2 stocks (blackgill
rockfish, rougheye rockfish, blackspotted
rockfish, and sharpchin rockfish) and a sigma
value of 1.44 for category 3 stocks (all others)
with a P* of 0.45. A unique sigma of 0.39 was
calculated for aurora rockfish because the
variance in estimated biomass was greater
than the 0.36 used as a proxy for other
category 1 stocks. The resulting ABC of 718
mt is the summed contribution of the ABCs
for the component species. The ACL of 707
mt is the sum of the contributing ABCs of
healthy assessed stocks and unassessed
stocks, plus the ACL contribution of blackgill
rockfish where the 40–10 adjustment was
applied to the ABC contribution for this stock
because it is in the precautionary zone. 20.2
mt is deducted from the ACL to
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accommodate the incidental open access
fishery (17.2 mt), EFP catch (1 mt), and
research catch (2 mt), resulting in a fishery
HG of 686.8 mt. Blackgill rockfish has a
stock-specific HG for the entire groundfish
fishery south of 40°10’ N lat. set equal to the
species’ contribution to the 40–10-adjusted
ACL. Harvest of blackgill rockfish in all
groundfish fisheries counts against this HG of
120.2 mt. Nontrawl fisheries are subject to a
blackgill rockfish HG of 44.5 mt.
qq Other Flatfish. The Other Flatfish
complex is comprised of flatfish species
managed in the PCGFMP that are not
managed with stock-specific OFLs/ABCs/
ACLs. Most of the species in the Other
Flatfish complex are unassessed and include:
butter sole, curlfin sole, flathead sole, Pacific
sanddab, rock sole, sand sole, and rex sole.
The Other Flatfish OFL of 11,165 mt is based
on the sum of the OFL contributions of the
component stocks. The ABC of 8,510 mt is
based on a sigma value of 0.72 for a category
2 stock (rex sole) and a sigma value of 1.44
for category 3 stocks (all others) with a P* of
0.40. The ACL is set equal to the ABC. The
ACL is set equal to the ABC because all of
the assessed stocks (i.e., Pacific sanddabs and
rex sole) were above their target biomass of
B25%. 204 mt is deducted from the ACL to
accommodate the Tribal fishery (60 mt), the
incidental open access fishery (125 mt), and
research catch (19 mt), resulting in a fishery
HG of 8,306 mt.
rr Other Fish. The Other Fish complex is
comprised of kelp greenling coastwide,
cabezon off Washington, and leopard shark
coastwide. The 2015 assessment for the kelp
greenling stock off of Oregon projected an
estimated depletion of 80 percent in 2015.
All other stocks are unassessed. The OFL of
537 mt is the sum of the OFL contributions
for kelp greenling coastwide, cabezon off
Washington, and leopard shark coastwide.
The ABC for the Other Fish complex is based
on a sigma value of 0.44 for kelp greenling
off Oregon and a sigma value of 1.44 for
category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.44 was calculated
for kelp greenling off Oregon because the
variance in estimated spawning biomass was
greater than the 0.36 sigma used as a proxy
for other category 1 stocks. The resulting
ABC of 474 mt is the summed contribution
of the ABCs for the component species. The
ACL is set equal to the ABC because all of
the assessed stocks (kelp greenling off
Oregon) were above their target biomass of
B40%. There are no deductions from the ACL
so the fishery HG is equal to the ACL of 474
mt.
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
31505
Table lb to Part 660, Subpart C -2017, Allocations by Species or Species Group (Weight in
Metric Tons)
S. of 40"1 0' N. lat.
COWCOD alb/
4.0
36
1.4
64
2.6
DARKBLOTCHED ROCKFISH c/
Coastwide
563.8
95
535.6
5
28.2
N. of 40°10' N. lat.
PACIFIC OCEAN PERCH e/
231.6
95
220.0
5
11.6
YELLOWEYE ROCKFISH a/
Coastwide
14.6
NA
1.1
NA
13.1
Arrowtooth flounder
11,705.9
95
11,120.6
5
585.3
Coastwide
Big skate a/
Coastwide
436.6
95
414.8
5
21.8
Canary rockiJSh
aid/
Coastwide
1,466.6
NA
1,060.1
NA
406.5
Chilipepper
S. of 40"1 0' N. lat.
75
1,920.8
25
640.3
2,561.1
Dover sole
Coastwide
48,406.3
95
45,986.0
5
2,420.3
English sole
Coastwide
9,751.2
95
9,263.6
5
487.6
Lingcod
N. of 40°10' N. lat.
3,054.8
45
1,374.7
55
1,680.2
Lingcod
S. of 40"1 0' N. lat.
1,242.0
45
558.9
55
683.1
Longnose skate a/
Coastwide
1,853.0
90
1,667.7
10
185.3
Longspine thomyhead
N. of34"27' N. lat.
2,847.2
95
2,704.8
5
142.4
Pacific cod
Coastwide
1,091.0
95
1,036.4
5
54.5
Pacific whiting f/
Coastwide
362,682.0
100
362,682.0
0
0.0
Petrale sole
Coastwide
2,895.1
95
2,750.3
5
144.8
SabletJSh
N. of36°N. lat.
N/A
See Table lc
SabletJSh
S. of36°N.lat.
1,859.0
42
780.8
58
1,078.2
Shortspine thomyhead
N. of34"27' N. lat.
1,654.0
95
1,571.3
5
82.7
S. of34"27' N. lat.
Shortspine thomyhead
863.7
NA
50.0
NA
813.7
Splitnose rockiJSh
S. of 40°10' N. lat.
1,749.3
95
1,661.8
5
87.5
Stary flounder
Coastwide
1,271.7
50
635.9
50
635.9
13,290.3
91
12,094.2
9
1,196.1
Widow rockiJSh
Coastwide
'rellowtailrockiJSh
N. of 40"10' N. lat.
5,166.1
88
4,546.1
12
619.9
Minor ShelfRockiJSh a/
N. of 40"10' N. lat.
1,965.2
60
1,183.1
40
782.1
Minor Slope RockiJSh
N. of 40°10' N. lat.
1,689.9
81
1,368.8
19
321.1
S. of 40"1 0' N. lat.
Minor ShelfRockiJSh a/
1,575.8
12
192.2
88
1,383.6
Minor Slope RockiJSh
S. of 40"10' N. lat.
686.8
63
432.7
37
254.1
Other FlattJSh
Coastwide
8,306.0
90
7,475.4
10
830.6
a/ Allocations decided through the biennial specification process.
b/ The cowcod tJShery ~ced to an ACT of 4.0 mt.
·~c/ Consistent with regulations at §660.55(c), 9 percent (48.2 mt) of the total trawl allocation for darkblotched rockiJSh is allocated to the
Pacific whiting tJShery, as follows: 20.2 mt for the Shore based IFQ Program, 11.6 mt for the MS sector, and 16.4 mt for the C/P sector.
In July 2017, the amounts available to the mothership and catcher/processor tJSheries were raised by 25 mt, to 36.6 mt for the mothership
'ltJShery and to 41.4 mt for the catcher/processor tJShery, by distributing equally the full 50 mt inititally deducted from the ACL to account
, for unforeseen catch events, consistent with §660.60(c)(3)(ii). The tonnage calculated here for the Pacific whiting TFQ fishery
contributes to the total shore based trawl allocation, which is found at §660.140( d)(1)(it)(D).
w
d/ Canary rockiJSh is allocated approximately 72 percent to trawl and 28 percent to non-trawl 46 mt of the total trawl allocation of
canary rockiJSh is allocated to the MS and C/P sectors, as follows: 30 mt for the MS sector, and 16 mt for the C/P sector.
e/ Consistent with regulations at §660.55( c), 17 percent (37.4 mt) of the total trawl allocation for POP is allocated to the Pacific whiting
tJShery, as follows: 15.7 mt for the Shore based IFQ Program, 9.0 mt for the MS sector, and 12.7 mt for the C/P sector. In May 2017, the
amounts available to the mothership and catcher/processor tJSheries were raised by 3.5 mt, to 12.5 mt for the mothership tJShery and to
16.2 mt for the catcher/processor tJShery, by distributing 7.0 mt of the 10 mt inititally deducted from the ACL to account for mortality in
the incidental open access tJShery, consistent with §660.60(c)(3)(it). In July 2014, the amounts availabile to the mothership and catcher
processor tJSheries were each raised by 12.5 mt, to 25 mt for the mothership tJShery and to 28.7 mt for the catcher/processor tJShery, by
distributing equally the full25 mt inititally deducted from the ACL to account for unforeseen catch events, consistent with
§660.60(c)(3)(it). The tonnage calculated here for the Pacific whiting IFQ tJShery contributes to the total shore based trawl allocation,
which is found at §660.140(d)(1)(it)(D).
----
----'~~~~-~---------------------------·--·------------------------------~
fi' Consistent with regulations at §660.55(f), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent
mt) for the C/P Coop Program; 24 percent (87,044 mt) for the MS Coop Program; and 42 percent (152,326.5 mt) for the
Shore based IFQ Program. No more than 5 percent of the Shore based IFQ Program allocation (7,616 mt) may be taken and retained
south of 42° N. lat. before the start of the pritnary Pacific whiting season north of 42° N. lat.
g/ Consistent with regulations at §660.55(c), 10 percent (1,209.4 mt) of the total trawl allocation for widow rockiJSh is allocated to the
whiting tJSheries, as follows: 508.0 mt for the shore based IFQ tJShery, 290.3 mt for the mothership tJShery, and 411.2 mt for the
catcher/processor tJShery. The tonnage calculated here for the whiting portion of the shore based IFQ tJShery contributes to the total
I
shore based trawl allocation, which is found a!_~660.~~i._d)(l)(it)~~-·-----------------------------·---------l
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07JYR1
ER07JY17.009
asabaliauskas on DSKBBXCHB2PROD with RULES
1(123,312
1
31506
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
3. Tables 2 (North) and 2 (South) to
part 660, subpart E, are revised to read
as follows:
■
4. Tables 3 (North) and 3 (South) to
part 660, subpart F, are revised to read
as follows:
■
BILLING CODE 3510–22–P
Table 2 (North) to Part 660, Subpart E -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Limited Entry Fixed Gear
North of 40°10' N. lat.
IOther limits and requirements apply-- Read §§660.1 0 through 660.399 before using this tabl~
JAN-FEB
MAR-APR
~~sh ~Eserva~on Area (RC~ 11 :
u_ I
MAY-JUN
I
I
JUL-AUG
I
I
!
SEP-OCT
06222017
NOV-DEC
---------------------------11
North of 46 '16' N. lat.
~~46.16' N.lat.- 42'00' N. lat.
~ 142'00' N. lat.- 40.10' N. lat.
shoreline- 100 fm line
30 fm line11 - 100 fm line 11
30 fm line11 - 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 ~~inor Slope Rockfish
21
& Darkblotched
4,000 lb/ 2 months
rockfish
5 IPacific ocean perch
1,800 lb/ 2 months
r-··--~
1,1251b/week.
~ lsablefish
'·
! ,8
not to exceed
1,100 lb/week, notto exceed 3,300 lb/ 2 months
3,3751b/2
~
months
10,000 lb/2 months
Longspine thornyhead
jShortspine thornyhead
F9 I
Wl
1~<~-iDover
I
2,000 lb/2 months
sole, arrowtooth flounder,
t·H·1 petrale sole, English sole, starry
b;31flounder, Other Flatfish31
'14l
-I
)>
5,000 lb/ month
South of 42° N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more
than 12 hooks per line, using hooks no larger than "Numbsr 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.
I
I 16 1Minor Shelf Rockfish", Shortbelly, &
I I
200 lb/ month
N
1,000 lb/ month
z
Widow rockfish
r-··1
I171Yellowtail rockfish
i
I
f---:
l2.8 ICanary rockfish
300 lb/ 2 months
"'I
1 20 !Minor Nearshore Rockfish & Black
:::r
~~~rockfish
I21 I
North of 42°00' N. lat.
r~-t~---~--------. I
. --._. _,_ _ _.
I '
1221
4iOO' N. lat.- 40.10' N. lat.
I
5,000 lbl 2 months, no more than 1,200 lb of which may be species other than black rockfish or
blue/deacon rockfish 41
8,500 lb/2
months, no
more than
1,200 lb of
7,000 lb/ 2 months, no more than 1,200 lb of which may bs species other than
which maybe
species other
black rockfish
than black
rockfish
I I
200 lb/2 months
1231Lingcod01
t24 :Pacific cod
,_
1,200 lb/2
I
months
I
200,000 lb/2 months
I
150.000 lb/ 2 I
1
months
I
100,000 lb/2 months
Unlimited
Unlimited
[.
asabaliauskas on DSKBBXCHB2PROD with RULES
I~
1400 lb/
1700
month month
!California
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07JYR1
ER07JY17.010
126 Long nose skate
""' '
l 27 lother Fish"& Cabezon in Oregon and
VerDate Sep<11>2014
1,400 lb/ bimonthly
1,000 lb/ 2 months
1251Spiny dogfish
I
0
CLOSED
f 19 jYello-ye rockfish
I
aJ
r-
m
10,000 lb/lrip
lli.jWhiting
I
2,500 lb/2 months
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
r---·-
------·-~
··--·--·--·-------·---··-·---··
31507
··---·--l
:Table 2 (South) to Part 660, Subpart E --Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear
!
!south of 40.10' N. lat.
i
~--To;h.;;:~;;;;;-.;;-;;;;~-i;;;;~~~~~~~-=-R;~cl§§;;;~;-;;-t;,-;;;~;,~~-~:;~-;;;;;;;~~~;-;~~-~~;-~-------T----~----I----l------ro~;~;;,-;1
JAN-FEB
I
I
MAR-APR
I
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
I
!
I
I
I
I
i
I
I
I
I
!Rockfish Conservation Area (RCA) 11 :
ffi~~~~;:;~~~~~~~Ia!c__====~-.-----·-+-------7-5_f_m_l_in_e_1
1
·-a:c:::c:::_::mc:p~c:llii::.:nese""''"_a_ro-u-nd-is-la-n-ds-)--------1
0 r"" 1nc:ee=-•,'':-·;
1 in
:"'""1
___
1_::o""
j See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and
I
I
§§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 restricti..e than Federal trip limits or seasons, particularly in waters off Oregon and California.
Minor Slope rockfish" & Darkblotched
1rockfish
I
40,000 lb/2 months, of which no more than
1,375 lb may be blackgill rockfish
j 4 Splitnose rockfish
rs
40,000 lb/2 months, of which no more than
1,600 lb may be blackgill rockfish
40,000 lb/2 months
Sablefish
I I
1,1251blweek,
I
I6 I
140.10' N. lat.- 36.00' N. lat.
1--- ~---·--- I
.
South of 36 00' N. lat.
not to exceed
1,100 lb/week, not to exceed 3,300 lb/2 months
3,3751b/2
months
2,000 lb/week
10,000 lb/2 months
' 7
Ia
i"
I
•Longspine thornyhead
9 'Shortspine thornyhead
t!£.L--··-··
[IIi
!
I
I
2,000 lb/2 months
40.10' N. lat.- 34'27' N. lat.
Southof34.27'N.Iat
2,500 lb/2 months
3,000 lb/2 months
-I
! 12 i
r131
'tili·l;r Dover sole, arrowtooth flounder,
15 petrale sole, English sole, starry
i·X~rounder, Other Flatfish"
5,000 lb/ month
)>
South of 42" N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more
m
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
L
10,000 lb/trip
l 19 Minor Shelf Rockfish", Shortbelly rockfish, Widow rockfish (including Chilipepper between 40'10'- 34'27' N. lat.)
_ • ,
Minor shelf rockfish, shortbelly, widow rockfish, & chilipepper: 2,500 lb/2 months, of which no more
! 20
j
40• ,
10 N. lat. 34 27 N. lat.
L~-~--..--·-·-· i
than 500 lb may be any species other than chilipepper.
1,
21
I
South of 34.27' N. lat
4 •000 lb/ 2
months
~~-'Chilipepper
CLOSED
4,000 lb/2 months
40.10' N. lat.- 34'27' N. lat Chilipepper included under minor shelf rockfish, shortbelly and widow rockfish limits-- See above
1231
~-r----ilf----:S:-o-u-:th-of-:-:-34"'·"2=7'-:N-:.""Ia-tt-----:c2,-=o7o=lb7
o /2::-m-o-n""th-s"',t7h'"is_o_p-po-rt""u-n"ity_o_n-,ly_a_va--=ila""b-:le_s_e_a_w_a_rd-:of-:-:th'"e_n_o_n"'-t_ra_w-:I-;:R:::C:-:A:-----l
~ Canary rockfish
300 lb/2 months
[~61Yelloweye rockfish
CLOSED
I 28
CLOSED
Bronzespotted rockfish
m
N
-n
e
0
c
:::r
CLOSED
~ Cowcod
r-
!2=9-iB~oc_a_c_c~io~-------------------i---------------------------------------------------------------;
1,000 lb/2 months
40.10' N. lat.- 34'27' N. lat
r 301
j_,,_,~f. ~"-·'-~·~---~+----------+--,.,.,.,-,.,.,.---,r------.----------------------l
I
'131
--···.
South of 34'27' N. lat.
1'500 lb/ 2
months
CLOSED
1,500 lb/2 months
132 !Minor Nearshore Rockfish & Black rockfish
~3~Shallow nearshore
1,200 lb/2
CLOSED
1,200 lb/2 months
months
r-r------------------~~~~~-----1-----------------------------1
1,000 lb/2
CLOSED
1,000 lb/2 months
1341 Deeper nearshore
months
1,500 lb/2
months
r3s ICalifornia Scorpionfish
~--·
200 lb/2
1361
l-- :
months
Lingcod41
~7 'Pacific cod
! 38
1,500 lb/2 months
CLOSED
CLOSED
I
BOO lb/2
months
1,200 lb/ bimonthly
600 lb/1300 lb/
1 month
1
month
1,000 lb/2 months
Spiny dogfish
200,000 lb/2 months
150,000 lb/2
months
I
100,000 lb/2 months
'-~+.~==~~----------~------------~~~~~~-------------------1
L~~ •Longnose skate
Unlimned
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07JYR1
ER07JY17.011
asabaliauskas on DSKBBXCHB2PROD with RULES
i 40 !Other Fish61 & Cabezon
31508
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / 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
140.10' N. lat.
Iother limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table
JAN-FEB
rwckfish Conservation Area
~
INorth of 46° 16' N. lat.
(RCA)~..:.,':_
_,_ _
_,_I__
MAR-APR
MAY-JUN
__L_ _ _ __ti_ _ _
I
06202019
JUL-AUG
I
SEP-OCT
I
NOV-DEC
Jo._~-~'I ____..J.I._~--·"'--;
1--:--.~lc..... ___L_____.L.____Ji~.--1
I
I
shoreline- 100 fm line11
~ 46:16' N.lat. -42:00' N.lat.
30fm line11 -100fm line11
' 3 42 00' N. lat.- 40 10' N. lat.
30 fm line11 - 100 fm line11
See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70660.74 and §§660.76·660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands,
Cordell Banks, and EFHCAs).
1
l
State tlip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
I
21
4 Minor Slope Rockfish &
•Darkblotched rockfish
Per trip, no more than 25% of weight of the sablefish landed
5 Pacific ocean perch
100 lbl month
300 lbl day, or 1
landing per
week of up to
1,000 lb, not to
exceed 2,000
lb/2 months
6 Sablefish
300 lblday, or 1
landing per
week of up to 300 lbl day, or 1 landing per week of up to 1,000 lb, not to exceed
900 lb, not to
2,000 lbl2 months
exceed 1,800
lbl2 months
7 Shortpine thornyheads and longspine
thornyheads
CLOSED
3,000 lbl month, no more than 300 lb of which may be species other than Pacific sanddabs.
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.
14 Whiting
300 lbl month
21
15 IMinor Shelf Rockfish , Shortbelly
jrockfish, & Widow rockfish
-I
)>
m
r-
200 lbl month
I161Yellowtail rockfish
500 lbl month
~18 Yelloweye rockfish
m
150 lbl2 months
~I Canary rockfish
~9
~I
T"
North of 42"00' N. lat.
!
I
,
1
~~~42"00' N. lat -40° 10' N. lat.
1 21
1
11
I
L
z
CLOSED
Minor Nearshore Rockfish & Black rockfish
I
1
~2~51
5,000 lbl2 months, no more than 1,200 lb of which may be species other than black rockfish
8,500 lbl 2
months, no
more than
7,000 lbl2 months, no more than 1,200 lb of which may be species other than
1'200 lb of
black rockfish
which maybe
species other
than black
rockfish
200 lbl
700 lbl month
600 lbl month
100iblmonth
1
month
0
..,
.....
-
::::T
I
1,000 lbl2 months
[3 Pacific cod
~~~Spinydogfish
200,000 lbl2 months
150,000 lbl2
months
I
100,000 lbl2 months
Unlimited
' 25 Long nose skate
61
26 other Fish & Cabezon in Oregon and
!California
Unlimited
27 SALMON TROLL (subject to RCAs lAhen retaining all species of groundfish, except for yellowtail rockfish and lingcod, as described belov.9
asabaliauskas on DSKBBXCHB2PROD with RULES
28 North
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07JYR1
ER07JY17.012
Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for e\Ery 2 lbs of salmon landed, with a
cumulati\e 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 tnp, plus 1 lingcod per tnp, up to a tnp
limit of 10 lingcod, on a tnp where any fishing occurs within the RCA. ll1is limit only applies dunng times when
lingcod retention Is allowed, and Is not "CLOSED." ll1is limit Is within the per month limit for lingcod described
in the table abo\€, 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.
31509
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
i Table
!
I
3 (North). Continued
I
I
I
I
I
I
I
I
I
I
29 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
--
Effective April 1 - 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 m.erall 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 PROHIBITED. All other groundfish species taken are managed
under the o;erall 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 ha;e species-specific limits. The amount of groundfish landed may
not exceed the amount of pink shrimp landed.
30 !North
I
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.
.
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
~~~~~~~-------~-~~-·-----~·---·----------~·~--------~--·----·---·----·--·-·-·-·~----··----··------·-·-····-·-~----------------l
!Table 3 (South) to Part 660, Subpart F --Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears South
1
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!Other
0 through 660.399 before using this table
I
1
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JAN-FEB
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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.
r!.!
1
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
8 thornyheads
CLOSED
I
,Minor Nearshore Rockfish & Black
I 26 'rockfish
~7 Shallow nearshore
G
Deeper nearshore
i
~ !california scorpionfish
asabaliauskas on DSKBBXCHB2PROD with RULES
1
41
p1
L2
Spiny dogfish
r33
400 lb/ month
Longnose skate
200,000 lb/2 months
150,000 lb/2
months
Jkt 241001
100,000 lb/2 months
Unlimited
Unlimited
' 34 Other Fish 51 & Cabezon
17:43 Jul 06, 2017
400 lb/ 150 lb/
month month
1,000 lb/2 months
Pacific cod
VerDate Sep<11>2014
600 lb/ month
PO 00000
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30 I
Lingcod
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
31511
[FR Doc. 2017–14313 Filed 7–3–17; 4:15 pm]
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BILLING CODE 3510–22–C
Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31494-31511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-7010-02]
RIN 0648-BG95
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-2018 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
[[Page 31495]]
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective July 3, 2017.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491,
fax: 206-526-6736, or email: karen.palmigiano@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/.
Background
The PCGFMP and its implementing regulations at title 50 in the Code
of Federal Regulations (CFR), part 660, subparts C through G, regulate
fishing for over 90 species of groundfish off the coasts of Washington,
Oregon, and California. Groundfish specifications and management
measures are developed by the Pacific Fishery Management Council
(Council), and are implemented by NMFS.
The final rule to implement the 2017-2018 harvest specifications
and management measures for most species of the Pacific coast
groundfish fishery was published on February 7, 2017 (82 FR 9634).
The Council, in coordination with Pacific Coast Treaty Indian
Tribes and the States of Washington, Oregon, and California,
recommended three changes to current groundfish management measures at
its June 9-14, 2017 meeting. The changes the Council recommended
include: (1) Increasing the limited entry (LE) and open access (OA)
fixed gear trip limits for lingcod both north and south of 40[deg]10'
North latitude (N. lat.), (2) modifying the shoreward boundary of the
non-trawl rockfish conservation area (RCA) between 40[deg]10' N. lat.
and 34[deg]27' N. lat., and (3) distributing the deductions initially
made from the ACL (i.e. the off-the-top deductions, or ``buffer''), 25
metric tons (mt) of Pacific ocean perch (POP) and 50 mt of darkblotched
rockfish, and making it available to the mothership (MS) and catcher/
processor (C/P) sectors of the at-sea Pacific whiting fishery; 12.5 mt
of POP and 25 mt of darkblotched rockfish, to each sector.
Fishery Management Measures for Lingcod LE and OA Fixed Gear North and
South of 40[deg]10' N. lat.
To increase harvest opportunities for LE and OA fixed gear sectors
north and south of 40[deg]10' N. lat., the Council considered increases
to lingcod trip limits for all remaining periods in 2017. Trip limits
for lingcod north and south of 40[deg]10' N. lat. have been designated
at 50 CFR 660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP as routine
management measures.
Lingcod are distributed coastwide with harvest specifications based
on two area stock assessments that were conducted in 2009 for the areas
north and south of the California-Oregon border at 42[deg] N. latitude.
The stock assessments indicated west coast lingcod stocks are healthy
with the stock depletion estimated for lingcod off of Washington and
Oregon to be at 62 percent of its unfished biomass, and lingcod off of
California estimated to be at 74 percent of its unfished biomass at the
start of 2009. Trip limit increases, for species such as lingcod, are
intended to reduce discarding (i.e., turn discards into landed catch
and thereby improve catch accounting) and increase attainment of the
non-trawl harvest guideline (HG). This change may result in a small
increase in the catch of some overfished species, such as yelloweye
rockfish, but such an increase is very unlikely to result in exceeding
overfished species ACLs when combined with the harvest from all other
sources.
To assist the Council in evaluating increases to lingcod trip
limits, the Groundfish Management Team (GMT) made model-based landings
projections for the LE and OA fixed gear sector for north and south of
40[deg]10' N. lat. for the remainder of the year. For these
projections, the GMT included four recent updates to the discard
mortality rates used by the West Coast Groundfish Observer Program
(WCGOP) to estimate discard mortality each year and, by the GMT, in the
nearshore model to project future discard mortality. The updates
included: (1) Updating the gear proportions by depth with recent data;
(2) calculating regional discard mortality rates to match the WCGOP
estimate strata (i.e. north and south of 40[deg]10' N. lat.); (3)
utilizing the Council approved changes to the ``sport-like'' surface
discard mortality rates; and (4) incorporating a bias modifier to
calibrate the gear proportions from WCGOP (a sub-sample of landings to
reflect the gear proportions from fish tickets in the Pacific Fishery
Information Network (PacFIN)). These landings projections also were
based on the most recent information available.
The model, using the new discard mortality rates, predicted a
projected harvest of 71.2 mt, or 4.2 percent attainment of the 2017
non-trawl allocation (1,680 mt), of lingcod north of 40[deg]10' N. lat.
for both OA and LE fixed gear under the current trip limits, and an
increase in projected harvest to 75 mt, or 4.4 percent attainment of
the non-trawl allocation, of lingcod north of 40[deg]10' N. lat. for
both OA and LE fixed gear under the recommended increased trip limits.
The model also predicted a projected harvest of 91.8 mt, or 13 percent
attainment of the non-trawl allocation (683 mt), of lingcod south of
40[deg]10' N. lat. for both OA and LE fixed gear under the current trip
limits, and an increase in projected harvest to 133.8 mt, or 19.6
percent attainment of the non-trawl allocation, of lingcod south of
40[deg]10' N. lat. for both OA and LE fixed gear under the recommended
increased trip limits. Using the updated discard mortality rates, the
model also predicted that under the current regulations harvest of
yelloweye rockfish through the end of the year would be 0.7 mt lower
(1.4 mt out of a 2.1 mt HG) than was anticipated at the start of this
year.
Yelloweye rockfish is an overfished species currently managed under
a rebuilding plan. The projected impacts to yelloweye rockfish would
increase under the increased trip limits for lingcod. Based on the
GMT's analysis, the changes to the trip limits north of 40[deg]10' N.
lat. are projected to result in an increase in lingcod landings through
the end of the year of approximately 3.8 mt and a projected increase in
yelloweye rockfish discard mortality of 0.06 mt. The same GMT analysis
showed that an increase in trip limits for lingcod south of 40[deg]10'
N. lat. would result in an increase in projected lingcod landings
through the end of the year of 55 mt and an increase in yelloweye
rockfish discard mortality of 0.21 mt. This increase in trip limits,
and subsequent increase in lingcod landings, does not change total
projected impacts to co-occurring overfished species from those
anticipated in the 2017-18 harvest specifications and management
measures, as the total projected impacts for those species assumes that
the entire lingcod ACL is harvested.
Therefore, the Council recommended and NMFS is implementing, by
modifying Tables 2 (North and South) to part 660, subpart E and Tables
3 (North and South) to part 660, subpart F in the CFR, trip limit
changes for the LE and OA fixed gear fisheries north and south of
40[deg]10' N. lat. The trip limits for lingcod in the LE fixed gear
fishery north of 40[deg]10' N. lat. are increased from ``1,200 lb (544
kg) bimonthly'' to ``1,400 lb (635 kg) bimonthly'' during periods 4
through 5; from ``600 lb (272 kg) per month'' to ``700 lb (318 kg)
bimonthly'' during the month of November; and
[[Page 31496]]
from ``200 lb (91 kg) per month'' to ``400 lb (181 kg) bimonthly''
during the month of December. The trip limits for lingcod in the LE
fixed gear fishery south of 40[deg]10' N. lat. are increased from ``800
lb (363 kg) bimonthly'' to ``1,200 lb (544 kg) bimonthly'' during
periods 4 through 5; from ``400 lb (181 kg) bimonthly'' to ``600 lb
(272 kg) per month'' during the month of November; and from ``200 lb
(91 kg) per month'' to ``300 lb (136 kg) bimonthly'' during the month
of December.
The trip limits for lingcod in the OA fixed gear fishery north of
40[deg]10' N. lat. are increased from ``600 lb (272 kg) per month'' to
``700 lb (318 kg) per month'' during periods 4 through 5 and during the
month of November; and from ``100 lb (45 kg) per month'' to ``200 lb
(181 kg) per month'' during the month of December. The trip limits for
lingcod in the OA fixed gear fishery south of 40[deg]10' N. lat. are
increased from ``400 lb (181 kg) per month'' to ``600 lb (272 kg) per
month'' during periods 3 through 5; and are increased from ``100 lb (45
kg) per month'' to ``150 lb (68 kg) per month'' during the month of
December.
For the OA fixed gear fishery south of 40[deg]10' N. lat., the
Council recommended a ``200 lb (91 kg) per month'' trip limit for
lingcod during the month of November, which is lower than the current
lingcod trip limit for November in the OA fixed gear fishery south of
40[deg]10' N. lat. at ``400 lb (181 kg) per month.'' The Council
recommended trip limit was based on an error in the GMT report and is
inconsistent with the report's analysis of the estimated impacts, which
analyzed a ``600 lb per month'' trip limit for lingcod during the month
of November. NMFS understands the Council intent with the
recommendations for changes to lingcod trip limits was to increase trip
limits from what is currently in regulation to provide additional
access and harvest a greater proportion of the lingcod ACL. It was not
the Council's intent to reduce harvesting opportunities by reducing the
OA fixed gear lingcod trip limits north of 40[deg]10' N. lat. for the
month of November from 400 lb to 200 lb. Therefore, NMFS is not
implementing the lower November trip limit for lingcod (200 lb (91 kg)
per month) in the OA fixed gear fishery south of 40[deg]10' N. lat. for
the month of November, and the trip limit for that month will remain at
``400 lb (181 kg) per month.'' This trip limit during the month of
November would reduce the projected lingcod impacts from those
presented to the Council (146.7 mt) to 133.8 mt.
Fishery Management Measures for the Non-Trawl RCA between 40[deg]10' N.
lat. and 34[deg]27' N. lat.
The non-trawl RCA applies to vessels that take, retain, possess, or
land groundfish using non-trawl gears, unless they are incidental
fisheries that are exempt from the non-trawl RCA (e.g. the pink shrimp
non-groundfish trawl fishery). The seaward and shoreward boundaries of
the non-trawl RCAs vary along the coast, and are divided at various
commonly used geographic coordinates, defined in Sec. 660.11, subpart
C. Modifications to RCAs are designated as a routine management measure
in Sec. 660.60(c)(3)(i) and section 6.2.1 of the PCGFMP.
RCAs were originally established in the early 2000s to protect
bocaccio and canary rockfishes which had recently been declared
overfished.\1\ These large area closures were intended to close off
areas to fishing in the main portion of the species' depth range to
reduce encounters and subsequent mortality. At that same time,
conservative trip limits, including no retention, were implemented to
further reduce catches and overall mortality, and ensure the stocks
would rebuild more quickly. Unfortunately, implementing RCAs also
greatly reduced access to many healthy target stocks which were found
in similar depths to overfished species. As a result, an important
shelf rockfish fishery which used to operate south of 40[deg]10' N lat.
was severely impacted.
---------------------------------------------------------------------------
\1\ Both canary rockfish and bocaccio were declared rebuilt in
2015 and 2017, respectively.
---------------------------------------------------------------------------
In 2009, the shoreward boundary of the non-trawl RCA was
established based on fishery information indicating that fishing in
some areas in the non-trawl fishery have higher yelloweye rockfish
catch rates than in others, and the RCA boundaries were adjusted to
reduce mortality of yelloweye rockfish in these areas.
Between 40[deg]10' N. lat. and 34[deg]27' N. lat., the non-trawl
RCA is currently defined by the boundary lines approximating the 30 fm
and 125 fm depth contours. All fishing with non-trawl gear must occur
shoreward of the boundary line approximating the 30 fm depth contour,
or seaward of the boundary line approximating the 125 fm depth contour.
Changes to the non-trawl RCA shoreward boundary between 40[deg]10' N.
lat. and 34[deg]27' N. lat., to shift the shoreward boundary deeper and
open additional fishing area shoreward of the non-trawl RCA, were
previously recommended by the California Department of Fish and
Wildlife (CDFW) during the 2017-18 Harvest Specifications and
Management Measures process. The Council did not ultimately recommend a
boundary line change, at that time, due to the increased yelloweye
rockfish projected impacts when fishing was opened in those areas.
The GMT's recent updates to the discard mortality rates--discussed
further under the preamble subheading Fishery Management Measures for
Lingcod LE and OA Fixed Gear North and South of 40[deg]10' N. lat.--
resulted in projected impacts to yelloweye rockfish through the end of
the year that were lower than anticipated during the development of the
2017-18 harvest specifications and management measures. The Council has
recommended modifying the shoreward non-trawl RCA boundary from the
boundary line approximating the 30 fm depth contour to the boundary
line approximating the 40 fm depth contour in the area from 40[deg]10'
N. lat., and 34[deg]27' N. lat. The change to the non-trawl RCA
shoreward boundary line in this area opens areas that have been closed
since 2009, and may increase fishing efficiency and reduce gear
conflicts by spreading the nearshore fleet over a larger fishing area.
Opening this area is anticipated to increase overall landings of both
target and non-target groundfish species, but mortality is anticipated
to remain below the allocations or harvest limits for all species.
Modifying the shoreward boundary of the non-trawl RCA in this area
would provide harvest opportunities for many important target stocks,
specifically deeper nearshore rockfish (blue, brown, copper, and olive
rockfishes) and shelf rockfish species (chilipepper, greenblotched,
Mexican, and vermilion rockfishes). Non-trawl harvest of groundfish is
managed with cumulative trip limits, and any increased attainment is
expected to remain within allowable harvest limits. Relatively small
impacts to canary, bocaccio, and yelloweye rockfish are expected. All
projected bocaccio and canary rockfish impacts would remain within the
nearshore fishery share of the non-trawl allocations for those species.
The GMT presented an updated analysis to the Council regarding the
projected yelloweye rockfish impacts from modifying the shoreward
boundary of the non-trawl RCA. The GMT assumed that effort would remain
unchanged within the 0 fm to 10 fm depth bin, and all remaining effort
would shift into deeper water (30 to 40 fm depth bin) when the boundary
was modified. Yelloweye rockfish is an overfished species that is
encountered primarily north of 40[deg]10' N. lat. Few
[[Page 31497]]
encounters occur south of 40[deg]10' N. lat., and no encounters occur
south of 34[deg]27' N. lat. While some encounters may occur from
modifying the non-trawl RCA shoreward boundary, they are expected to be
rare. Projected impacts of yelloweye rockfish through the end of the
year, including impacts of the increased lingcod trip limits discussed
above, are within California's nearshore yelloweye rockfish HG share of
0.7 mt. Based on the GMT's projections, the expected increase in
yelloweye rockfish impacts is 0.15 mt from what was projected to occur
in the absence of the inseason adjustments to management measures
implemented in this action.
Therefore, based on the new information available regarding the
discard mortality of yellow-eye rockfish, the Council recommended and
NMFS is adjusting the shoreward boundary of the non-trawl RCA between
40[deg]10' N lat. and 34[deg]27' N. lat., by modifying Table 2 (South)
to part 660, subpart E and Table 3 (South) to part 660, subpart F in
the CFR, so that the boundary lines approximating the 40 fm and 125 fm
depth contours, in this area, will define the non-trawl RCA in this
area.
Transferring POP and Darkblotched Rockfish to the MS and C/P Sectors
As part of the biennial harvest specifications and management
measures process, annual ACLs are set for non-whiting groundfish
species, deductions are made ``off-the-top'' from the ACL for various
sources of mortality (including non-groundfish fisheries that catch
groundfish incidentally, also called incidental open access fisheries)
and the remainder, the fishery HG, is allocated among the groundfish
fisheries. Regulations at Sec. 660.60(c)(3)(ii) allow NMFS to
distribute these ``off-the-top'' deductions from the ACL to any sector
through routine inseason action to make fish that would otherwise go
unharvested available to other fisheries during the fishery year, and
after the Council has made the appropriate considerations. Also
consistent with section 6.5.2 of the PCGFMP, NMFS has the authority to
implement management measures to reduce bycatch of non-groundfish
species and, under certain circumstances, the measures may be
implemented inseason. However, under no circumstances may the intention
of such management measures be simply to provide more fish to a
different user group or to achieve other allocation objectives.
Therefore, distribution of POP and darkblocked rockfish to the at-sea
sectors meets the criteria specified in regulation at Sec.
660.60(c)(3)(ii) and the PCGFMP for a routine management measure.
During development of the 2017-18 harvest specifications and
management measures, the Council recommended, and NMFS implemented, a
new category of ``off-the-top'' deduction, known as a ``buffer'' (81 FR
75266). The buffer consists of an amount of yield that is deducted from
the ACLs for canary and darkblotched rockfish, and POP, as described at
Sec. 660.55(b) and specified in the footnotes to Tables 1a and 2a to
subpart C. This new management measure set the fishery HG at an amount
after the buffer was subtracted from the ACL. The result was a specific
amount of yield for each of the three species (25 mt for POP, 50 mt for
darkblotched rockfish, and 188 mt for canary rockfish) that was
unallocated at the start of the year, but is held in reserve as a
buffer, and can be distributed to fisheries in need after an unforeseen
catch event occurs inseason. Distribution of the buffer must go to a
sector that has demonstrated a need for receiving such a distribution
and not for the sole purpose of extending a fishery before a need is
demonstrated. Additionally, under the buffer approach, all sectors
received a lower allocation of darkblotched rockfish and POP in 2017
than they would have if the entire ACL was allocated; thereby, creating
a potential for foregone yield by most sectors. However, foregone yield
is expected to be inconsequential because historic attainment of these
species has been low, with an average attainment from 2011-2014 of 41
percent of the darkblotched rockfish ACLs and 35 percent of the POP
ACLs.
Pacific whiting fisheries encounter Klamath River Chinook salmon
incidentally, particularly when fishing off the central and southern
Oregon coast. At its March 2017 meeting, the Council received the most
recent projections of salmon stock status (Preseason Report I) and
considered that Klamath River Chinook will not meet escapement goals
for 2017 by a historically large margin. At its April 2017 meeting, the
Council recommended complete closure of commercial salmon fisheries off
southern Oregon and northern California (approximately 44[deg] N. lat.
to 40[deg]10' N. lat.) and closure of recreational salmon fisheries in
similar areas (approximately 42[deg]45' N. lat. to 40[deg]10' N. lat.)
to protect Klamath River Chinook salmon.
Chinook salmon bycatch in the Pacific whiting fishery varies by
latitude, with 81 percent of Chinook being taken when fishing between
Cape Falcon (45[deg]46' N. lat.) and Cape Blanco (42[deg]50' N. lat.).
This is a similar area in which Klamath River Chinook stocks are
commonly encountered, where all commercial and recreational salmon
fishing in 2017 is closed. At-sea processing of Pacific whiting is
currently prohibited south of 42[deg] N. lat. (the Oregon-California
border) per regulations at Sec. 660.131(e). Both the MS and C/P
sectors expressed willingness at the April 2017 Council meeting to
modify operations to avoid Chinook salmon bycatch, but acknowledged
that difficulties were likely given their rockfish allocations and
historically high Pacific whiting allocations. While moving harvesting
operations north to Washington and northern Oregon has likely reduced
impacts of the Pacific whiting fishery on Klamath River Chinook, catch
of POP in the Pacific whiting fisheries has traditionally been highest
when fishing off Washington.
The limited availability of overfished species that can be taken as
incidental catch in the Pacific whiting fisheries, particularly
darkblotched rockfish and POP, 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 start of 2017, the MS and C/P
sectors of the Pacific whiting fishery were allocated 9.0 mt and 12.7
mt of POP, respectively, per regulations at Sec. 660.55(c)(1)(i)(B).
At the Council's April meeting, the MS sector requested an increase
to their POP set-aside to accommodate northern movement of the fleet to
reduce harvest of Klamath River Chinook and to prevent closure of the
MS sector prior to harvesting their full allocation of Pacific whiting.
To accommodate movement of the at-sea fleets farther north, away from
Klamath River Chinook and into waters with historically higher catch
rates of POP, the Council recommended, and NMFS implemented a
distribution of 7 mt of POP, from the off-the-top deductions that were
made at the start of the 2017-2018 biennium, to the MS and C/P sectors,
3.5 mt to each sector, to accommodate potential catch of POP as each
sector prosecutes their 2017 Pacific whiting allocations in areas where
bycatch of Klamath River Chinook is less likely (May 16, 2017, 82 FR
22428). The Council's intent in distributing the POP, that would
otherwise go unharvested, was to maintain 2017 harvest opportunities
for the MS and C/P sectors of the Pacific whiting fishery,
[[Page 31498]]
while protecting Klamath River Chinook.
At the June 2017 Council meeting, the MS and C/P sectors requested
access to the darkblotched rockfish and POP ``buffers'' to continue to
accommodate the northern movement of the fleet to reduce harvest of
Klamath River Chinook and to prevent closure of either sector prior to
harvesting their full allocation of Pacific whiting. In response to
this request, the GMT analyzed the current attainments of Pacific
whiting, darkblotched and canary rockfishes, and POP, as well as
provided some model projections of the estimated needs of the MS and C/
P sectors for the 2017 fishing season.
Based on the GMT's analysis, as of June 11, 2017, the MS sector had
attained 7.6 percent of their total darkblotched rockfish allocation
(0.9 mt out of 11.8 mt), 20.2 percent of their total POP allocation
(2.5 mt out of 12.5 mt), and 22.2 percent of their total Pacific
whiting allocation (19,334 mt out of 87,044 mt). Over the past 6 years,
(2011-2016) by June 11th of each year, the MS sector has harvested an
average of 0.84 mt of darkblotched rockfish, 1.65 mt of POP, and
14,689.21 mt of Pacific whiting.
Based on the GMT's analysis, as of June 11, 2017, the C/P sector
had attained 26 percent of their total darkblotched rockfish allocation
(4.3 mt out of 16.4 mt), 51.1 percent of their total POP allocation
(8.3 mt out of 16.2 mt), and 31.9 percent of their total Pacific
whiting allocation (39,973.5 mt out of 123,312 mt). Over the past 6
years, (2011-2016) by June 11th of each year, the C/P sector has
harvested an average of 1.05 mt of darkblotched rockfish, 1.35 mt of
POP, and 31,595.85 mt of Pacific whiting.
On June 20, 2017, NMFS considered additional POP, darkblotched
rockfish, and Pacific whiting landing information for the C/P and MS
sectors. As of that date, the C/P sector had harvested 28.6 percent
(4.69 mt out of 16.4 mt) of their total darkblotched rockfish
allocation, 89.81 percent (14.55 mt out of 16.2 mt) of their total POP
allocation, and 37.64 percent (46,413.13 mt out of 123,312 mt) of their
total Pacific whiting allocation. Additionally, as of the same date,
the MS sector had harvested 8.56 percent (1.01 mt out of 11.8 mt) of
their total darkblotched rockfish allocation, 22.64 percent (2.83 mt
out of 12.5 mt) of their total POP allocation, and 27.48 percent
(23,921.03 mt out of 87,044 mt) of their total Pacific whiting
allocation.
To continue to accommodate movement of the at-sea fleets farther
north, away from Klamath River Chinook and into waters with
historically higher catch rates of POP, both sectors would need
additional darkblotched rockfish and POP quota to prevent their fishery
from closing due to exceeding their overfished species allocations. The
Council's intent is to provide fisheries with a demonstrated need
access to quota that would otherwise go unharvested, maintain 2017
harvesting opportunities for the MS and C/P sectors of the Pacific
whiting fishery, and continue protecting Klamath River Chinook.
Therefore, after reviewing the best available information on
interactions between the Pacific whiting fleet and salmon, POP, and
darkblotched rockfish, the Council recommended and NMFS is implementing
a distribution of 25 mt of POP, from the off-the-top deductions that
were made at the start of the 2017-2018 biennium, to the MS and C/P
sectors, 12.5 mt to each sector, to accommodate potential catch of POP
as each sector prosecutes their 2017 Pacific whiting allocations in
areas where bycatch of Klamath River Chinook is less likely.
Additionally, the Council recommended and NMFS is implementing a
distribution of 50 mt of darkblotched rockfish, from the ``off-the-
top'' deductions that were made at the start of the 2017-2018 biennium,
to the MS and C/P sectors, 25 mt to each sector, to accommodate
potential catch of darkblotched rockfish as each sector prosecutes
their 2017 Pacific whiting harvest in areas where bycatch of Klamath
River Chinook is less likely. These changes are implemented through
modifications to the footnotes for Table 1a and Table 1b to Part 660,
Subpart C of the CFR.
This rule distributes 25 mt of POP and 50 mt of darkblotched
rockfish that is anticipated to go unharvested through the end of 2017
to the MS and C/P sectors, implementing the Council's recommendation
increases the POP allocations to 25 mt for the MS sector and 28.7 mt
for the C/P sector and the darkblotched rockfish set-asides to 36.8 mt
for the MS sector and 41.4 mt for the C/P sector. This rule also
provides the fleet added flexibility to fish in areas where Klamath
River Chinook are less likely to be encountered while reducing the risk
of closure of the MS and C/P sectors prior to full attainment of the
Pacific whiting allocation if higher catch rates of POP and
darkblotched rockfish continue for the remainder of the 2017 fishing
season. Transfer of POP and darkblotched rockfish to the MS and C/P
sectors, when combined with projected impacts from all other sources,
is not expected to result in greater impacts to POP, darkblotched
rockfish, or other overfished species than originally projected through
the end of the year.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best available information,
consistent with the PCGFMP and its implementing regulations.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based are available
for public inspection at the Office of the Administrator, West Coast
Region, NMFS, during business hours.
NMFS finds good cause to waive prior public notice and comment on
the revisions to groundfish management measures under 5 U.S.C. 553(b)
because notice and comment would be impracticable and contrary to the
public interest. Also, for the same reasons, NMFS finds good cause to
waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3),
so that this final rule may become effective July 3, 2017. The
adjustments to management measures in this document affect commercial
fisheries in Washington, Oregon and California. No aspect of this
action is controversial, and changes of this nature were anticipated in
the biennial harvest specifications and management measures established
through a notice and comment rulemaking for 2017-18.
Accordingly, for the reasons stated below, NMFS finds good cause to
waive prior notice and comment and to waive the delay in effectiveness.
Fishery Management Measures for Lingcod LE and OA Fixed Gear North and
South of 40[deg]10' N. lat.
At its June 2017 meeting, the Council recommended an increase to LE
and OA fixed gear lingcod trip limits north and south of 40[deg]10' N.
lat. be implemented as quickly as possible to allow harvest of lingcod
to better attain, but not exceed, the 2017 ACLs. There was not
sufficient time after that meeting to undergo proposed and final
rulemaking before this action needs to be in effect. Affording the time
necessary for prior notice and opportunity for public comment would
prevent NMFS from managing the LE and OA fixed gear fishery using the
best available science to increase harvesting opportunities without
exceeding the ACLs for federally managed species in accordance with the
PCGFMP and applicable law. These increases to trip limits must be
implemented as quickly as possible to allow LE and OA fixed
[[Page 31499]]
gear fishermen an opportunity to harvest higher limits for lingcod
coastwide.
It is in the public interest for fishermen to have an opportunity
to harvest more of the lingcod ACLs, north and south of 40[deg]10' N.
lat., because the lingcod fishery contributes revenue to the coastal
communities of Washington, Oregon, and California. This action, if
implemented quickly, is anticipated to allow increased catch of lingcod
through the end of the year, and allows harvest as intended by the
Council, consistent with the best scientific information available.
The Council considered updated discard mortality rates and the
resulting best available projections of yelloweye rockfish harvest that
became available at its June 2017 meeting. Projected impacts to
yelloweye rockfish through the end of the year were 0.7 mt below the
nearshore fishery's 2.1 mt share of the non-trawl allocation. Based on
the new information showing lower than anticipated yelloweye rockfish
discard mortality, and the need to provide additional harvesting
opportunities for healthy and underutilized groundfish species, the
Council recommended modifying the shoreward boundary of the non-trawl
RCA to open additional area, while keeping harvest of yelloweye
rockfish within its HGs and rebuilding ACL.
Fishery Management Measures for the Non-Trawl RCA between 40[deg]10' N.
lat. and 34[deg]27' N. lat.
It is in the public interest for fisherman to have increased access
to fishing areas where high-value target species, such as canary and
chilipepper rockfish, are available, because the commercial non-trawl
fisheries contribute revenue to the coastal communities of Washington,
Oregon, and California. This action, if implemented quickly, is
anticipated to allow increased catch of healthy and underutilized
groundfish, and allows harvest as intended by the Council, consistent
with the best scientific information available.
Transferring POP to the MS and C/P Sectors
At its June 2017 meeting, the Council recommended that the
distribution of POP and darkblotched rockfish ``buffers'' to the MS and
C/P sectors and be implemented as quickly as possible to facilitate
fishing for Pacific whiting in northern waters to avoid bycatch of
Klamath River Chinook salmon. There was not sufficient time after that
meeting to undergo proposed and final rulemaking before this action
needs to be in effect. Affording the time necessary for prior notice
and opportunity for public comment would postpone transfer of POP and
darkblotched rockfish to the MS and C/P sectors until later in the
season, or potentially eliminate the possibility or doing so during the
2017 calendar year entirely, and is therefore impractical. Failing to
reapportion POP and darkblotched rockfish to the MS and C/P sectors in
a timely manner could result in additional impacts to Klamath River
Chinook salmon if catch of POP or darkblotched rockfish approaches the
MS or C/P sectors' POP and darkblotched rockfish allocations and the
fleet moves south to prevent a closure prior to their Pacific whiting
allocations being harvested. Additionally, failing to reapportion the
POP and darkblotched rockfish ``buffers'' in a timely manner could
leave quota unharvested through the end of the year, which would
prevent harvest as intended by the Council. New information and
analyses that became available to the Council in June indicate that
both the MS and C/P sectors need additional POP and darkblotched
rockfish to decrease the likelihood of closing one or more of these
sectors due to attainment of their rockfish allocations. Therefore,
distribution of the POP and darkblotched rockfish buffers is consistent
with regulations at Sec. 660.60(c)(3)(ii).
It is in the public interest for the MS and C/P sectors to have an
opportunity to harvest their allocations of Pacific whiting without
interruption because the Pacific whiting fishery contributes a large
amount of revenue to the coastal communities of Washington and Oregon.
Additionally, it is in the public interest to continue to protect
Klamath River Chinook and reduce potential fishing impacts from the
Pacific whiting fishery in areas where directed salmon fishing has been
prohibited. Providing more POP and darkblotched rockfish to the MS and
C/P sector would allow them to fish further north, lowering the chances
of encountering Klamath River Chinook. This action facilitates fleet
dynamics to avoid bycatch of Klamath River Chinook salmon, and allows
harvest as intended by the Council, consistent with the best scientific
information available.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: July 3, 2017.
Jennifer M. Wallace,
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. Tables 1a and 1b to part 660, subpart C, are revised to read as
follows:
[[Page 31500]]
[GRAPHIC] [TIFF OMITTED] TR07JY17.008
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and
harvest guidelines (HGs) are specified as total catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific
Coast treaty Indian tribes allocations and projected catch,
projected research catch, deductions for fishing mortality in non-
groundfish fisheries, and deductions for EFPs from the ACL or ACT.
\c\ Bocaccio. A stock assessment was conducted in 2015 for the
bocaccio stock between the U.S.-Mexico border and Cape Blanco. The
stock is managed with stock-specific harvest specifications south of
40[deg]10'
[[Page 31501]]
N. lat. and within the Minor Shelf Rockfish complex north of
40[deg]10' N. lat. A historical catch distribution of approximately
7.4 percent was used to apportion the assessed stock to the area
north of 40[deg]10' N. lat. The bocaccio stock was estimated to be
at 36.8 percent of its unfished biomass in 2015. The OFL of 2,139 mt
is projected in the 2015 stock assessment using an FMSY proxy of
F50%. The ABC of 2,044 mt is a 4.4 percent reduction from the OFL
([sigma]=0.36/P*=0.45) because it is a category 1 stock. The 790 mt
ACL is based on the current rebuilding plan with a target year to
rebuild of 2022 and an SPR harvest rate of 77.7 percent. 15.4 mt is
deducted from the ACL to accommodate the incidental open access
fishery (0.8 mt), EFP catch (10 mt) and research catch (4.6 mt),
resulting in a fishery HG of 774.6 mt. The California recreational
fishery has an HG of 326.1 mt.
\d\ Cowcod. A stock assessment for the Conception Area was
conducted in 2013 and the stock was estimated to be at 33.9 percent
of its unfished biomass in 2013. The Conception Area OFL of 58 mt is
projected in the 2013 rebuilding analysis using an FMSY proxy of
F50%. The OFL contribution of 12 mt for the unassessed portion of
the stock in the Monterey area is based on depletion-based stock
reduction analysis. The OFLs for the Monterey and Conception areas
were summed to derive the south of 40[deg]10' N. lat. OFL of 70 mt.
The ABC for the area south of 40[deg]10' N. lat. is 63 mt. The
assessed portion of the stock in the Conception Area is considered
category 2, with a Conception area contribution to the ABC of 53 mt,
which is an 8.7 percent reduction from the Conception area OFL
([sigma]=0.72/P*=0.45). The unassessed portion of the stock in the
Monterey area is considered a category 3 stock, with a contribution
to the ABC of 10 mt, which is a 16.6 percent reduction from the
Monterey area OFL ([sigma]=1.44/P*=0.45). A single ACL of 10 mt is
being set for both areas combined. The ACL of 10 mt is based on the
rebuilding plan with a target year to rebuild of 2020 and an SPR
harvest rate of 82.7 percent, which is equivalent to an exploitation
rate (catch over age 11+ biomass) of 0.007. 2 mt is deducted from
the ACL to accommodate the incidental open access fishery (less than
0.1 mt), EFP fishing (less than 0.1 mt) and research activity (2
mt), resulting in a fishery HG of 8 mt. Any additional mortality in
research activities will be deducted from the ACL. A single ACT of 4
mt is being set for both areas combined.
\e\ Darkblotched rockfish. A 2015 stock assessment estimated the
stock to be at 39 percent of its unfished biomass in 2015. The OFL
of 671 mt is projected in the 2015 stock assessment using an FMSY
proxy of F50%. The ABC of 641 mt is a 4.4 percent reduction from the
OFL ([sigma]=0.36/P*=0.45) because it is a category 1 stock. The ACL
is set equal to the ABC, as the stock is projected to be above its
target biomass of B40% in 2017. 77.3 mt is deducted from the ACL to
accommodate the Tribal fishery (0.2 mt), the incidental open access
fishery (24.5 mt), EFP catch (0.1 mt), research catch (2.5 mt) and
an additional deduction for unforeseen catch events (50 mt),
resulting in a fishery HG of 563.8 mt. Of the 50 mt initially
deducted from the ACL to account for unforeseen catch events, 50 mt
is distributed to the mothership and catcher/processor sectors
inseason, 25 mt to each sector, consistent with 660.60(c)(3)(ii).
\f\ Pacific ocean perch. A stock assessment was conducted in
2011 and the stock was estimated to be at 19.1 percent of its
unfished biomass in 2011. The OFL of 964 mt for the area north of
40[deg]10' N. lat. is based on an updated catch-only projection of
the 2011 rebuilding analysis using an F50% FMSY proxy. The ABC of
922 mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/
P*=0.45) because it is a category 1 stock. The ACL is based on the
current rebuilding plan with a target year to rebuild of 2051 and a
constant catch amount of 281 mt in 2017 and 2018, followed in 2019
and beyond by ACLs based on an SPR harvest rate of 86.4 percent.
49.4 mt is deducted from the ACL to accommodate the Tribal fishery
(9.2 mt), the incidental open access fishery (10 mt), research catch
(5.2 mt) and an additional deduction for unforeseen catch events (25
mt), resulting in a fishery HG of 231.6 mt. Of the 10 mt initially
deducted from the ACL to account for mortality in the incidental
open access fishery, a total of 7 mt is distributed to the
mothership and catcher/processor sectors inseason, 3.5 mt to each
sector consistent with 660.60(c)(3)(ii), resulting in a 3 mt
deduction from the ACL for mortality in the incidental open access
fishery. Of the 25 mt initially deducted from the ACL to account for
unforeseen catch events, 25 mt is distributed to the mothership and
catcher/processor sectors inseason, 12.5 mt to each sector,
consistent with 660.60(c)(3)(ii).
\g\ Yelloweye rockfish. A stock assessment update was conducted
in 2011. The stock was estimated to be at 21.4 percent of its
unfished biomass in 2011. The 57 mt coastwide OFL is based on a
catch-only update of the 2011 stock assessment, assuming actual
catches since 2011 and using an FMSY proxy of F50%. The ABC of 47 mt
is a 16.7 percent reduction from the OFL ([sigma]=0.72/P*=0.40)
because it is a category 2 stock. The 20 mt ACL is based on the
current rebuilding plan with a target year to rebuild of 2074 and an
SPR harvest rate of 76.0 percent. 5.4 mt is deducted from the ACL to
accommodate the Tribal fishery (2.3 mt), the incidental open access
fishery (0.4 mt), EFP catch (less than 0.1 mt) and research catch
(2.7 mt), resulting in a fishery HG of 14.6 mt. Recreational HGs
are: 3.3 mt (Washington); 3 mt (Oregon); and 3.9 mt (California).
\h\ Arrowtooth flounder. The arrowtooth flounder stock was last
assessed in 2007 and was estimated to be at 79 percent of its
unfished biomass in 2007. The OFL of 16,571 mt is derived from a
catch-only update of the 2007 stock assessment assuming actual
catches since 2007 and using an F30% FMSY proxy. The ABC of 13,804
mt is a 16.7 percent reduction from the OFL ([sigma]=0.72/P*=0.40)
because it is a category 2 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of B25%. 2,098.1 mt is
deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
the incidental open access fishery (40.8 mt), and research catch
(16.4 mt), resulting in a fishery HG of 11,705.9 mt.
\i\ Big skate. The OFL of 541 mt is based on an estimate of
trawl survey biomass and natural mortality. The ABC of 494 mt is an
8.7 percent reduction from the OFL ([sigma]=0.72/P*=0.45) as it is a
category 2 stock. The ACL is set equal to the ABC. 57.4 mt is
deducted from the ACL to accommodate the Tribal fishery (15 mt), the
incidental open access fishery (38.4 mt), and research catch (4 mt),
resulting in a fishery HG of 436.6 mt.
\j\ Black rockfish (California). A 2015 stock assessment
estimated the stock to be at 33 percent of its unfished biomass in
2015. The OFL of 349 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50%. The ABC of 334 mt is a 4.4 percent
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is projected to be above its target biomass of B40% in 2017. 1 mt is
deducted from the ACL to accommodate EFP catch (1 mt), resulting in
a fishery HG of 333 mt.
\k\ Black rockfish (Oregon). A 2015 stock assessment estimated
the stock to be at 60 percent of its unfished biomass in 2015. The
OFL of 577 mt is projected in the 2015 stock assessment using an
FMSY proxy of F50%. The ABC of 527 mt is an 8.7 percent reduction
from the OFL ([sigma]=0.72/P*=0.45) because it is a category 2
stock. The ACL is set equal to the ABC because the stock is above
its target biomass of B40%. 0.6 mt is deducted from the ACL to
accommodate the incidental open access fishery (0.6 mt), resulting
in a fishery HG of 526.4 mt.
\l\ Black rockfish (Washington). A 2015 stock assessment
estimated the stock to be at 43 percent of its unfished biomass in
2015. The OFL of 319 mt is projected in the 2015 stock assessment
using an FMSY proxy of F50%. The ABC of 305 mt is a 4.4 percent
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 18 mt is deducted from the ACL
to accommodate the Tribal fishery, resulting in a fishery HG of 287
mt.
\m\ Blackgill rockfish. Blackgill rockfish contributes to the
harvest specifications for the Minor Slope Rockfish South complex.
See footnote/pp.
\n\ Cabezon (California). A cabezon stock assessment was
conducted in 2009. The cabezon spawning biomass in waters off
California was estimated to be at 48.3 percent of its unfished
biomass in 2009. The OFL of 157 mt is calculated using an FMSY proxy
of F45%. The ABC of 150 mt is based on a 4.4 percent reduction from
the OFL ([sigma]=0.36/P*=0.45) because it is a category 1 stock. The
ACL is set equal to the ABC because the stock is above its target
biomass of B40%. 0.3 mt is deducted from the ACL to accommodate the
incidental open access fishery, resulting in a fishery HG of 149.7
mt.
\o\ Cabezon (Oregon). A cabezon stock assessment was conducted
in 2009. The cabezon spawning biomass in waters off Oregon was
estimated to be at 52 percent of its unfished biomass in 2009. The
OFL of 49 mt is calculated using an FMSY proxy of F45%. The ABC of
47 mt is based on a 4.4 percent reduction from the OFL
([sigma]=0.36/P*=0.45) because it is a category 1 species. The ACL
is set equal to the ABC because the
[[Page 31502]]
stock is above its target biomass of B40%. There are no deductions
from the ACL so the fishery HG is also equal to the ACL of 47 mt.
\p\ California scorpionfish. A California scorpionfish
assessment was conducted in 2005 and was estimated to be at 79.8
percent of its unfished biomass in 2005. The OFL of 289 mt is based
on projections from a catch-only update of the 2005 assessment
assuming actual catches since 2005 and using an FMSY harvest rate
proxy of F50%. The ABC of 264 mt is an 8.7 percent reduction from
the OFL ([sigma]=0.72/P*=0.45) because it is a category 2 stock. The
ACL is set at a constant catch amount of 150 mt. 2.2 mt is deducted
from the ACL to accommodate the incidental open access fishery (2
mt) and research catch (0.2 mt), resulting in a fishery HG of 147.8
mt. An ACT of 111 mt is established.
\q\ Canary rockfish. A stock assessment was conducted in 2015
and the stock was estimated to be at 55.5 percent of its unfished
biomass coastwide in 2015. The coastwide OFL of 1,793 mt is
projected in the 2015 assessment using an FMSY harvest rate proxy of
F50%. The ABC of 1,714 mt is a 4.4 percent reduction from the OFL
([sigma]=0.36/P*=0.45) because it is a category 1 stock. The ACL is
set equal to the ABC because the stock is above its target biomass
of B40%. 247 mt is deducted from the ACL to accommodate the Tribal
fishery (50 mt), the incidental open access fishery (1.2 mt), EFP
catch (1 mt), research catch (7.2 mt), and an additional deduction
for unforeseen catch events (188 mt), resulting in a fishery HG of
1,466.6 mt. Recreational HGs are: 50 mt (Washington); 75 mt
(Oregon); and 135 mt (California).
\r\ Chilipepper. A coastwide update assessment of the
chilipepper stock was conducted in 2015 and estimated to be at 64
percent of its unfished biomass in 2015. Chilipepper are managed
with stock-specific harvest specifications south of 40[deg]10' N.
lat. and within the Minor Shelf Rockfish complex north of 40[deg]10'
N. lat. Projected OFLs are stratified north and south of 40[deg]10'
N. lat. based on the average historical assessed area catch, which
is 93 percent for the area south of 40[deg]10' N. lat. and 7 percent
for the area north of 40[deg]10' N. lat. The OFL of 2,727 mt for the
area south of 40[deg]10' N. lat. is projected in the 2015 assessment
using an FMSY proxy of F50%. The ABC of 2,607 mt is a 4.4 percent
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a
category 1 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 45.9 mt is deducted from the
ACL to accommodate the incidental open access fishery (5 mt), EFP
fishing (30 mt), and research catch (10.9 mt), resulting in a
fishery HG of 2,561.1 mt.
\s\ Dover sole. A 2011 Dover sole assessment estimated the stock
to be at 83.7 percent of its unfished biomass in 2011. The OFL of
89,702 mt is based on an updated catch-only projection from the 2011
stock assessment assuming actual catches since 2011 and using an
FMSY proxy of F30%. The ABC of 85,755 mt is a 4.4 percent reduction
from the OFL ([sigma]=0.36/P*=0.45) because it is a category 1
stock. The ACL could be set equal to the ABC because the stock is
above its target biomass of B25%. However, the ACL of 50,000 mt is
set at a level below the ABC and higher than the maximum historical
landed catch. 1,593.7 mt is deducted from the ACL to accommodate the
Tribal fishery (1,497 mt), the incidental open access fishery (54.8
mt), and research catch (41.9 mt), resulting in a fishery HG of
48,406.3 mt.
\t\ English sole. A 2013 stock assessment was conducted, which
estimated the stock to be at 88 percent of its unfished biomass in
2013. The OFL of 10,914 mt is projected in the 2013 assessment using
an FMSY proxy of F30%. The ABC of 9,964 mt is an 8.7 percent
reduction from the OFL ([sigma]=0.72/P*=0.45) because it is a
category 2 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B25%. 212.8 mt is deducted from the
ACL to accommodate the Tribal fishery (200 mt), the incidental open
access fishery (7.0 mt) and research catch (5.8 mt), resulting in a
fishery HG of 9,751.2 mt.
\u\ Lingcod north. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009. The OFL is based on an updated catch-only projection from
the 2009 assessment assuming actual catches since 2009 and using an
FMSY proxy of F45%. The OFL is apportioned north of 40[deg]10' N.
lat. by adding 48% of the OFL from California, resulting in an OFL
of 3,549 mt for the area north of 40[deg]10' N. lat. The ABC of
3,333 mt is based on a 4.4 percent reduction ([sigma]=0.36/P*=0.45)
from the OFL contribution for the area north of 42[deg] N. lat.
because it is a category 1 stock, and an 8.7 percent reduction
([sigma]=0.72/P*=0.45) from the OFL contribution for the area
between 42[deg] N. lat. and 40[deg]10' N. lat. because it is a
category 2 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 278.2 mt is deducted from the
ACL for the Tribal fishery (250 mt), the incidental open access
fishery (16 mt), EFP catch (0.5 mt) and research catch (11.7 mt),
resulting in a fishery HG of 3,054.8 mt.
\v\ Lingcod south. The 2009 lingcod assessment modeled two
populations north and south of the California-Oregon border (42[deg]
N. lat.). Both populations were healthy with stock depletion
estimated at 62 and 74 percent for the north and south, respectively
in 2009.The OFL is based on an updated catch-only projection of the
2009 stock assessment assuming actual catches since 2009 using an
FMSY proxy of F45%. The OFL is apportioned by subtracting 48% of the
California OFL, resulting in an OFL of 1,502 mt for the area south
of 40[deg]10' N. lat. The ABC of 1,251 mt is based on a 16.7 percent
reduction from the OFL ([sigma]=0.72/P*=0.40) because it is a
category 2 stock. The ACL is set equal to the ABC because the stock
is above its target biomass of B40%. 9 mt is deducted from the ACL
to accommodate the incidental open access fishery (6.9 mt), EFP
fishing (1 mt), and research catch (1.1 mt), resulting in a fishery
HG of 1,242 mt.
\w\ Longnose skate. A stock assessment was conducted in 2007 and
the stock was estimated to be at 66 percent of its unfished biomass.
The OFL of 2,556 mt is derived from the 2007 stock assessment using
an FMSY proxy of F50%. The ABC of 2,444 mt is a 4.4 percent
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a
category 1 stock. The ACL of 2,000 mt is a fixed harvest level that
provides greater access to the stock and is less than the ABC. 147
mt is deducted from the ACL to accommodate the Tribal fishery (130
mt), incidental open access fishery (3.8 mt), and research catch
(13.2 mt), resulting in a fishery HG of 1,853 mt.
\x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide
stock assessment estimated the stock to be at 75 percent of its
unfished biomass in 2013. A coastwide OFL of 4,571 mt is projected
in the 2013 stock assessment using an F50% FMSY proxy. The coastwide
ABC of 3,808 mt is a 16.7 percent reduction from the OFL
([sigma]=0.72/P*=0.40) because it is a category 2 stock. For the
portion of the stock that is north of 34[deg]27' N. lat., the ACL is
2,894 mt, and is 76 percent of the coastwide ABC based on the
average swept-area biomass estimates (2003-2012) from the NMFS NWFSC
trawl survey. 46.8 mt is deducted from the ACL to accommodate the
Tribal fishery (30 mt), the incidental open access fishery (3.3 mt),
and research catch (13.5 mt), resulting in a fishery HG of 2,847.2
mt. For that portion of the stock south of 34[deg]27' N. lat. the
ACL is 914 mt and is 24 percent of the coastwide ABC based on the
average swept-area biomass estimates (2003-2012) from the NMFS NWFSC
trawl survey. 3.2 mt is deducted from the ACL to accommodate the
incidental open access fishery (1.8 mt), and research catch (1.4
mt), resulting in a fishery HG of 910.8 mt.
\y\ Pacific cod. The 3,200 mt OFL is based on the maximum level
of historic landings. The ABC of 2,221 mt is a 30.6 percent
reduction from the OFL ([sigma]=1.44/P*=0.40) because it is a
category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent
as a precautionary adjustment. 509 mt is deducted from the ACL to
accommodate the Tribal fishery (500 mt), research catch (7 mt), and
the incidental open access fishery (2 mt), resulting in a fishery HG
of 1,091 mt.
\z\ Pacific whiting. The coastwide (U.S. and Canada) stock
assessment was published in 2017 and estimated the spawning stock to
be at 89 percent of its unfished biomass. The 2017 coastwide OFL of
969,840 mt is based on the 2017 assessment with an F40% FMSY proxy.
The 2017 coastwide, unadjusted Total Allowable Catch (TAC) of
531,501 mt is based on the 2017 stock assessment and the
recommendation by the Joint Management Committee (JMC), based on a
precautionary approach. The U.S. TAC is 73.88 percent of the
coastwide TAC, or 392,673 mt unadjusted TAC for 2017. 15 percent of
each party's unadjusted 2016 TAC (48,760 mt for the U.S) is added to
each party's 2017 unadjusted TAC, resulting in a U.S. adjusted 2017
TAC of 431,433 mt. The 2017 fishery HG for Pacific whiting is
362,682 mt. This amount was determined by deducting from the total
U.S. TAC of 431,433 mt, the 77,251 mt tribal allocation, along with
1,500 mt for scientific research catch and fishing mortality in non-
groundfish fisheries.
\aa\ Petrale sole. A 2015 stock assessment update was conducted,
which estimated the stock to be at 31 percent of its unfished
[[Page 31503]]
biomass in 2015. The OFL of 3,280 mt is projected in the 2015
assessment using an FMSY proxy of F30%. The ABC of 3,136 mt is a 4.4
percent reduction from the OFL ([sigma]=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to the ABC because the
stock is above its target biomass of B25%. 240.9 mt is deducted from
the ACL to accommodate the Tribal fishery (220 mt), the incidental
open access fishery (3.2 mt) and research catch (17.7 mt), resulting
in a fishery HG of 2,895.1 mt.
\bb\ Sablefish north. A coastwide sablefish stock assessment
update was conducted in 2015. The coastwide sablefish biomass was
estimated to be at 33 percent of its unfished biomass in 2015. The
coastwide OFL of 8,050 mt is projected in the 2015 stock assessment
using an FMSY proxy of F45%. The ABC of 7,350 mt is an 8.7 percent
reduction from the OFL ([sigma]=0.36/P*=0.40). The 40-10 adjustment
is applied to the ABC to derive a coastwide ACL value because the
stock is in the precautionary zone. This coastwide ACL value is not
specified in regulations. The coastwide ACL value is apportioned
north and south of 36[deg] N. lat., using the 2003-2014 average
estimated swept area biomass from the NMFS NWFSC trawl survey, with
73.8 percent apportioned north of 36[deg] N. lat. and 26.2 percent
apportioned south of 36[deg] N. lat. The northern ACL is 5,252 mt
and is reduced by 525 mt for the Tribal allocation (10 percent of
the ACL north of 36[deg] N. lat.). The 525 mt Tribal allocation is
reduced by 1.5 percent to account for discard mortality. Detailed
sablefish allocations are shown in Table 1c.
\cc\ Sablefish south. The ACL for the area south of 36[deg] N.
lat. is 1,864 mt (26.2 percent of the calculated coastwide ACL
value). 5 mt is deducted from the ACL to accommodate the incidental
open access fishery (2 mt) and research catch (3 mt), resulting in a
fishery HG of 1,859 mt.
\dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish
assessment was conducted in 2007. The spawning stock biomass of
shortbelly rockfish was estimated to be 67 percent of its unfished
biomass in 2005. The OFL of 6,950 mt is based on the estimated MSY
in the 2007 stock assessment. The ABC of 5,789 mt is a 16.7 percent
reduction of the OFL ([sigma]=0.72/P*=0.40) because it is a category
2 stock. The 500 mt ACL is set to accommodate incidental catch when
fishing for co-occurring healthy stocks and in recognition of the
stock's importance as a forage species in the California Current
ecosystem. 10.9 mt is deducted from the ACL to accommodate the
incidental open access fishery (8.9 mt) and research catch (2 mt),
resulting in a fishery HG of 489.1 mt.
\ee\ Shortspine thornyhead. A 2013 coastwide shortspine
thornyhead stock assessment estimated the stock to be at 74.2
percent of its unfished biomass in 2013. A coastwide OFL of 3,144 mt
is projected in the 2013 stock assessment using an F50% FMSY proxy.
The coastwide ABC of 2,619 mt is a 16.7 percent reduction from the
OFL ([sigma]=0.72/P*=0.40) because it is a category 2 stock. For the
portion of the stock that is north of 34[deg]27' N. lat., the ACL is
1,713 mt. The northern ACL is 65.4 percent of the coastwide ABC
based on the average swept-area biomass estimates (2003-2012) from
the NMFS NWFSC trawl survey. 59 mt is deducted from the ACL to
accommodate the Tribal fishery (50 mt), the incidental open access
fishery (1.8 mt), and research catch (7.2 mt), resulting in a
fishery HG of 1,654 mt for the area north of 34[deg]27' N. lat. For
that portion of the stock south of 34[deg]27' N. lat. the ACL is 906
mt. The southern ACL is 34.6 percent of the coastwide ABC based on
the average swept-area biomass estimates (2003-2012) from the NMFS
NWFSC trawl survey. 42.3 mt is deducted from the ACL to accommodate
the incidental open access fishery (41.3 mt) and research catch (1
mt), resulting in a fishery HG of 863.7 mt for the area south of
34[deg]27' N. lat.
\ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment
was conducted in 2011. The coastwide spiny dogfish biomass was
estimated to be at 63 percent of its unfished biomass in 2011. The
coastwide OFL of 2,514 mt is derived from the 2011 assessment using
an FMSY proxy of F50%. The coastwide ABC of 2,094 mt is a 16.7
percent reduction from the OFL ([sigma]=0.72/P*=0.40) because it is
a category 2 stock. The ACL is set equal to the ABC because the
stock is above its target biomass of B40%. 338 mt is deducted from
the ACL to accommodate the Tribal fishery (275 mt), the incidental
open access fishery (49.5 mt), EFP catch (1 mt), and research catch
(12.5 mt), resulting in a fishery HG of 1,756 mt.
\gg\ Splitnose rockfish. A coastwide splitnose rockfish
assessment was conducted in 2009 that estimated the stock to be at
66 percent of its unfished biomass in 2009. Splitnose rockfish in
the north is managed in the Minor Slope Rockfish complex and with
stock-specific harvest specifications south of 40[deg]10' N. lat.
The coastwide OFL is projected in the 2009 assessment using an FMSY
proxy of F50%. The coastwide OFL is apportioned north and south of
40[deg]10' N. lat. based on the average 1916-2008 assessed area
catch, resulting in 64.2 percent of the coastwide OFL apportioned
south of 40[deg]10' N. lat., and 35.8 percent apportioned for the
contribution of splitnose rockfish to the northern Minor Slope
Rockfish complex. The southern OFL of 1,841 mt results from the
apportionment described above. The southern ABC of 1,760 mt is a 4.4
percent reduction from the southern OFL ([sigma]=0.36/P*=0.45)
because it is a category 1 stock. The ACL is set equal to the ABC
because the stock is estimated to be above its target biomass of
B40%. 10.7 mt is deducted from the ACL to accommodate the incidental
open access fishery (0.2 mt), research catch (9 mt) and EFP catch
(1.5 mt), resulting in a fishery HG of 1,749.3 mt.
\hh\ Starry flounder. The stock was assessed in 2005 and was
estimated to be above 40 percent of its unfished biomass in 2005 (44
percent in Washington and Oregon, and 62 percent in California). The
coastwide OFL of 1,847 mt is set equal to the 2016 OFL, which was
derived from the 2005 assessment using an FMSY proxy of F30%. The
ABC of 1,282 mt is a 30.6 percent reduction from the OFL
([sigma]=1.44/P*=0.40) because it is a category 3 stock. The ACL is
set equal to the ABC because the stock was estimated to be above its
target biomass of B25% in 2017. 10.3 mt is deducted from the ACL to
accommodate the Tribal fishery (2 mt), and the incidental open
access fishery (8.3 mt), resulting in a fishery HG of 1,271.7 mt.
\ii\ Widow rockfish. The widow rockfish stock was assessed in
2015 and was estimated to be at 75 percent of its unfished biomass
in 2015. The OFL of 14,130 mt is projected in the 2015 stock
assessment using the F50% FMSY proxy. The ABC of 13,508 mt is a 4.4
percent reduction from the OFL ([sigma]=0.36/P*=0.45) because it is
a category 1 stock. The ACL is set equal to the ABC because the
stock is above its target biomass of B40%. 217.7 mt is deducted from
the ACL to accommodate the Tribal fishery (200 mt), the incidental
open access fishery (0.5 mt), EFP catch (9 mt) and research catch
(8.2 mt), resulting in a fishery HG of 13,290.3 mt.
\jj\ Yellowtail rockfish. A 2013 yellowtail rockfish stock
assessment was conducted for the portion of the population north of
40[deg]10' N. lat. The estimated stock depletion was 67 percent of
its unfished biomass in 2013. The OFL of 6,786 mt is projected in
the 2013 stock assessment using an FMSY proxy of F50%. The ABC of
6,196 mt is an 8.7 percent reduction from the OFL ([sigma]=0.72/
P*=0.45) because it is a category 2 stock. The ACL is set equal to
the ABC because the stock is above its target biomass of B40%. 1,030
mt is deducted from the ACL to accommodate the Tribal fishery (1,000
mt), the incidental open access fishery (3.4 mt), EFP catch (10 mt)
and research catch (16.6 mt), resulting in a fishery HG of 5,166.1
mt.
\kk\ Minor Nearshore Rockfish north. The OFL for Minor Nearshore
Rockfish north of 40[deg]10' N. lat. of 118 mt is the sum of the OFL
contributions for the component species managed in the complex. The
ABCs for the minor rockfish complexes are based on a sigma value of
0.72 for category 2 stocks (blue/deacon rockfish in California,
brown rockfish, China rockfish, and copper rockfish) and a sigma
value of 1.44 for category 3 stocks (all others) with a P* of 0.45.
The resulting ABC of 105 mt is the summed contribution of the ABCs
for the component species. The ACL of 105 mt is the sum of
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contributions for blue/deacon rockfish in California
where the 40-10 adjustment was applied to the ABC contribution for
this stock because it is in the precautionary zone. 1.8 mt is
deducted from the ACL to accommodate the Tribal fishery (1.5 mt) and
the incidental open access fishery (0.3 mt), resulting in a fishery
HG of 103.2 mt. Between 40[deg]10' N. lat. and 42[deg] N. lat. the
Minor Nearshore Rockfish complex north has a HG of 40.2 mt. Blue/
deacon rockfish south of 42[deg] N. lat. has a stock-specific HG,
described in footnote nn/.
\ll\ Minor Shelf Rockfish north. The OFL for Minor Shelf
Rockfish north of 40[deg]10' N. lat. of 2,303 mt is the sum of the
OFL contributions for the component species within the complex. The
ABCs for the minor rockfish complexes are based on a sigma value of
0.36 for a category 1 stock (chilipepper), a sigma value of 0.72 for
category 2 stocks (greenspotted rockfish between 40[deg]10' and
42[deg] N. lat. and greenstriped rockfish), and a sigma value of
1.44 for category 3 stocks (all others) with a
[[Page 31504]]
P* of 0.45. The resulting ABC of 2,049 mt is the summed contribution
of the ABCs for the component species. The ACL of 2,049 mt is the
sum of contributing ABCs of healthy assessed stocks and unassessed
stocks, plus the ACL contribution of greenspotted rockfish in
California where the 40-10 adjustment was applied to the ABC
contribution for this stock because it is in the precautionary zone.
83.8 mt is deducted from the ACL to accommodate the Tribal fishery
(30 mt), the incidental open access fishery (26 mt), EFP catch (3
mt), and research catch (24.8 mt), resulting in a fishery HG of
1,965.2 mt.
\mm\ Minor Slope Rockfish north. The OFL for Minor Slope
Rockfish north of 40[deg]10' N. lat. of 1,897 mt is the sum of the
OFL contributions for the component species within the complex. The
ABCs for the Minor Slope Rockfish complexes are based on a sigma
value of 0.39 for aurora rockfish, a sigma value of 0.36 for the
other category 1 stock (splitnose rockfish), a sigma value of 0.72
for category 2 stocks (rougheye rockfish, blackspotted rockfish, and
sharpchin rockfish), and a sigma value of 1.44 for category 3 stocks
(all others) with a P* of 0.45. A unique sigma of 0.39 was
calculated for aurora rockfish because the variance in estimated
spawning biomass was greater than the 0.36 used as a proxy for other
category 1 stocks. The resulting ABC of 1,755 mt is the summed
contribution of the ABCs for the component species. The ACL is set
equal to the ABC because all the assessed component stocks (i.e.,
rougheye rockfish, blackspotted rockfish, sharpchin rockfish, and
splitnose rockfish) are above the target biomass of B40%. 65.1 mt is
deducted from the ACL to accommodate the Tribal fishery (36 mt), the
incidental open access fishery (18.6 mt), EFP catch (1 mt), and
research catch (9.5 mt), resulting in a fishery HG of 1,689.9 mt.
\nn\ Minor Nearshore Rockfish south. The OFL for the Minor
Nearshore Rockfish complex south of 40[deg]10' N. lat. of 1,329 mt
is the sum of the OFL contributions for the component species within
the complex. The ABC for the southern Minor Nearshore Rockfish
complex is based on a sigma value of 0.72 for category 2 stocks
(i.e., blue/deacon rockfish north of 34[deg]27' N. lat., brown
rockfish, China rockfish, and copper rockfish) and a sigma value of
1.44 for category 3 stocks (all others) with a P* of 0.45. The
resulting ABC of 1,166 mt is the summed contribution of the ABCs for
the component species. The ACL of 1,163 mt is the sum of the
contributing ABCs of healthy assessed stocks and unassessed stocks,
plus the ACL contribution for blue/deacon rockfish north of
34[deg]27' N. lat. and China rockfish where the 40-10 adjustment was
applied to the ABC contributions for these two stocks because they
are in the precautionary zone. 4.1 mt is deducted from the ACL to
accommodate the incidental open access fishery (1.4 mt) and research
catch (2.7 mt), resulting in a fishery HG of 1,158.9 mt. Blue/deacon
rockfish south of 42[deg] N. lat. has a stock-specific HG set equal
to the 40-10-adjusted ACL for the portion of the stock north of
34[deg]27' N lat. (243.7 mt) plus the ABC contribution for the
unassessed portion of the stock south of 34[deg]27' N. lat. (60.8
mt). The California (i.e. south of 42[deg] N. lat.) blue/deacon
rockfish HG is 304.5 mt.
\oo\ Minor Shelf Rockfish south. The OFL for the Minor Shelf
Rockfish complex south of 40[deg]10' N. lat. of 1,917 mt is the sum
of the OFL contributions for the component species within the
complex. The ABC for the southern Minor Shelf Rockfish complex is
based on a sigma value of 0.72 for category 2 stocks (greenspotted
and greenstriped rockfish) and a sigma value of 1.44 for category 3
stocks (all others) with a P* of 0.45. The resulting ABC of 1,624 mt
is the summed contribution of the ABCs for the component species.
The ACL of 1,623 mt is the sum of contributing ABCs of healthy
assessed stocks and unassessed stocks, plus the ACL contribution of
greenspotted rockfish in California where the 40-10 adjustment was
applied to the ABC contribution for this stock because it is in the
precautionary zone. 47.2 mt is deducted from the ACL to accommodate
the incidental open access fishery (8.6 mt), EFP catch (30 mt), and
research catch (8.6 mt), resulting in a fishery HG of 1,575.8 mt.
\pp\ Minor Slope Rockfish south. The OFL of 827 mt is the sum of
the OFL contributions for the component species within the complex.
The ABC for the southern Minor Slope Rockfish complex is based on a
sigma value of 0.39 for aurora rockfish, a sigma value of 0.72 for
category 2 stocks (blackgill rockfish, rougheye rockfish,
blackspotted rockfish, and sharpchin rockfish) and a sigma value of
1.44 for category 3 stocks (all others) with a P* of 0.45. A unique
sigma of 0.39 was calculated for aurora rockfish because the
variance in estimated biomass was greater than the 0.36 used as a
proxy for other category 1 stocks. The resulting ABC of 718 mt is
the summed contribution of the ABCs for the component species. The
ACL of 707 mt is the sum of the contributing ABCs of healthy
assessed stocks and unassessed stocks, plus the ACL contribution of
blackgill rockfish where the 40-10 adjustment was applied to the ABC
contribution for this stock because it is in the precautionary zone.
20.2 mt is deducted from the ACL to accommodate the incidental open
access fishery (17.2 mt), EFP catch (1 mt), and research catch (2
mt), resulting in a fishery HG of 686.8 mt. Blackgill rockfish has a
stock-specific HG for the entire groundfish fishery south of
40[deg]10' N lat. set equal to the species' contribution to the 40-
10-adjusted ACL. Harvest of blackgill rockfish in all groundfish
fisheries counts against this HG of 120.2 mt. Nontrawl fisheries are
subject to a blackgill rockfish HG of 44.5 mt.
\qq\ Other Flatfish. The Other Flatfish complex is comprised of
flatfish species managed in the PCGFMP that are not managed with
stock-specific OFLs/ABCs/ACLs. Most of the species in the Other
Flatfish complex are unassessed and include: butter sole, curlfin
sole, flathead sole, Pacific sanddab, rock sole, sand sole, and rex
sole. The Other Flatfish OFL of 11,165 mt is based on the sum of the
OFL contributions of the component stocks. The ABC of 8,510 mt is
based on a sigma value of 0.72 for a category 2 stock (rex sole) and
a sigma value of 1.44 for category 3 stocks (all others) with a P*
of 0.40. The ACL is set equal to the ABC. The ACL is set equal to
the ABC because all of the assessed stocks (i.e., Pacific sanddabs
and rex sole) were above their target biomass of B25%. 204 mt is
deducted from the ACL to accommodate the Tribal fishery (60 mt), the
incidental open access fishery (125 mt), and research catch (19 mt),
resulting in a fishery HG of 8,306 mt.
\rr\ Other Fish. The Other Fish complex is comprised of kelp
greenling coastwide, cabezon off Washington, and leopard shark
coastwide. The 2015 assessment for the kelp greenling stock off of
Oregon projected an estimated depletion of 80 percent in 2015. All
other stocks are unassessed. The OFL of 537 mt is the sum of the OFL
contributions for kelp greenling coastwide, cabezon off Washington,
and leopard shark coastwide. The ABC for the Other Fish complex is
based on a sigma value of 0.44 for kelp greenling off Oregon and a
sigma value of 1.44 for category 3 stocks (all others) with a P* of
0.45. A unique sigma of 0.44 was calculated for kelp greenling off
Oregon because the variance in estimated spawning biomass was
greater than the 0.36 sigma used as a proxy for other category 1
stocks. The resulting ABC of 474 mt is the summed contribution of
the ABCs for the component species. The ACL is set equal to the ABC
because all of the assessed stocks (kelp greenling off Oregon) were
above their target biomass of B40%. There are no deductions from the
ACL so the fishery HG is equal to the ACL of 474 mt.
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3. Tables 2 (North) and 2 (South) to part 660, subpart E, are revised
to read as follows:
0
4. Tables 3 (North) and 3 (South) to part 660, subpart F, are revised
to read as follows:
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[FR Doc. 2017-14313 Filed 7-3-17; 4:15 pm]
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