Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments, 48656-48667 [2017-22695]
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Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160808696–7010–02]
RIN 0648–BH20
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
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
October 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491, fax: 206–526–6736, or email:
karen.palmigiano@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This rule is accessible via the Internet
at the Office of the Federal Register Web
site at https://www.federalregister.gov.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
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
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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 September 11–18, 2017
meeting. The changes the Council
recommended include: (1) Increasing
the sablefish trip limits in the limited
entry fixed gear (LEFG) and open access
(OA) sablefish daily trip limit (DTL)
fisheries north of 36° North latitude (N.
lat.), (2) adding a reference to the
current lingcod size limits in the trip
limit table for the trawl fishery, and (3)
implementing depth restrictions in the
California recreational fishery.
LEFG and OA Sablefish DTL Fisheries
North of 36° N. Lat.
To increase harvest opportunities for
LEFG and OA sablefish DTL fisheries
north of 36° N. lat., the Council
recommended increases to sablefish trip
limits for all remaining periods in 2017.
Trip limits for LEFG and OA sablefish
DTL fisheries have been designated at
50 CFR 660.60(c)(1)(i) and in Section
6.2.1 of the PCGFMP as routine
management measures.
Sablefish are distributed coastwide
with harvest specifications split north
and south of 36° N. lat. Trip limit
increases, for species such as sablefish,
are intended to increase attainment of
the non-trawl harvest guideline (HG).
To assist the Council in evaluating the
increases to sablefish trip limits, the
Groundfish Management Team (GMT)
made model-based landings projections
for the LEFG and OA sablefish DTL
fisheries north of 36° N. lat. for the
remainder of this year. These
projections were based on the most
recent information available. The model
predicts harvest of 76 percent (194 mt)
of the LEFG harvest guideline (HG) (258
mt) and harvest of 77 percent (326 mt)
of the OA sablefish DTL fishery HG (425
mt) under the current limits through the
end of the year. With the recommended
increase in sablefish trip limits, the
projected harvest is 80 percent (206.9
mt) of the LEFG HG (258 mt) and 88
percent (374 mt) of the OA sablefish
DTL fishery HG (425 mt) through the
end of the year. This increase in trip
limits does not change projected
impacts to co-occurring overfished
species from those anticipated in the
2017–18 harvest specifications and
management measures, as the projected
impacts to those species assume that the
entire sablefish ACL is harvested.
Finally, projections for the LEFG
sablefish fisheries south of 36° N. lat.
are similar to levels anticipated in the
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2017–18 harvest specifications and
management measures, and no requests
were made by industry for changes;
therefore, no inseason actions were
considered. Therefore, the Council
recommended and NMFS is
implementing, by modifying Tables 2
(North and South) to part 660, subpart
E, trip limit changes for the LEFG
sablefish DTL fisheries north of 36° N.
lat. The trip limits for sablefish in the
LEFG fishery north of 36° N. lat.
increase from ‘‘1,100 lb (499 kg) per
week, not to exceed 3,300 lb (1,497 kg)
per two months’’ to ‘‘1,500 lb (680 kg)
per week, not to exceed 4,500 lb (2,041
kg) per two months’’ beginning in
period 5 through the end of the year.
The Council also recommended and
NMFS is implementing, by modifying
Tables 3 (North and South) to part 660,
subpart F, trip limits for sablefish in the
OA sablefish DTL fishery north of 36° N.
lat., an increase from ‘‘300 lb (136 kg)
per day, or one landing per week of up
to 1,000 lb (454 kg), not to exceed 2,000
lb (907 kg) per two months’’ to ‘‘300 lb
(136 kg) per day, or one landing per
week of up to 1,300 lb (590 kg), not to
exceed 2,600 lb (1,179 kg) per two
months’’ beginning in period 5 through
the end of the year.
Clarification on Lingcod Size Limits for
the Shorebased Individual Fishing
Quota (IFQ) Program
At the September Council meeting,
members of the Enforcement
Consultants (EC) noted confusion with
regards to size limits for lingcod, an IFQ
species, caught with trawl gear in the
Shorebased IFQ Program north and
south of 42° N. lat. Currently, lingcod
size limits apply, per regulations at
§ 660.60(h)(5)(ii)(B)(2). However,
members of the EC and the public have
commented that it can be difficult to
find the regulations, and that they could
be misinterpreted. Therefore, the
Council recommended that NMFS
include a reference to the current
lingcod size limits (22 inches for north
of 42° N. lat. and 24 inches for south of
42° N. lat.) in Tables 1 (North and
South), part 660, subpart D. However,
Tables 1 (North and South) do not
provide any information regarding IFQ
species (e.g. size limits, landing limits,
vessel limits, etc.). These tables describe
rockfish conservation areas for vessels
using groundfish trawl gear and
incidental landing allowances for nonIFQ species (for vessels registered to a
limited entry trawl permit and using
groundfish trawl or groundfish nontrawl gears to harvest IFQ species).
NMFS thought it might cause confusion
to intermingle IFQ species size limits in
the tables that describe non-IFQ species
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trip limits and trawl rockfish
conservation area boundaries. However,
consistent with the intent to clarify the
applicable size limits for lingcod
harvested in the Shorebased IFQ
Program, NMFS is clarifying regulations
at § 660.60(h)(5)(ii)(B)(2).
Size limits are designated as routine
management measures at
§ 660.60(c)(1)(i) and in Section 6.2.1 of
the PCGFMP. Based on the reasons
stated above, instead of including a
reference to lingcod size limits in Tables
1 (North and South), NMFS is making
clarifying edits to existing regulations at
§ 660.60(h)(5)(ii)(B), which is the
section of the regulations describing
weight conversions and size limits for
the Shorebased IFQ Program. The
change to the regulations includes a
clear reference to the lingcod size limits
for north and south of 42° N. lat. for the
Shorebased IFQ Program for both the
whole fish and fish with the head
removed.
California Recreational Fishery
Management Measures
In June 2016, the Council
recommended Oregon and California
recreational groundfish regulations for
2017 and 2018. At that time,
management measures were anticipated
to keep recreational catch within HGs
and targets. However, recently,
recreational fisheries in both Oregon
and California have experienced higher
than expected mortality for certain
species. These species include black
rockfish and cabezon in Oregon only, as
well as yelloweye rockfish in both
Oregon and California. The higher
mortality has likely been the result of
more favorable weather conditions
experienced over the past few months,
as well as increased fishing for
groundfish due to a decline in salmon
harvest opportunities due to the status
of salmon stocks. Because of these
factors, effort and impacts have been
higher than originally projected, and
will approach and/or exceed relevant
state HGs. The state of Oregon has
recently taken action through their state
processes to address the higher than
anticipated harvest in their recreational
fisheries. California, however, relies on
modifications to the federal regulations
to address their higher than anticipated
harvest. Inseason changes to depth
restrictions for the California
recreational fishery are designated at
§ 660.60(c)(3)(i) and in Section 6.2.1 of
the PCGFMP as routine management
measures.
At the September Council meeting,
the GMT was informed that California
was experiencing higher than projected
recreational harvest of yelloweye
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rockfish. The California Department of
Fish and Wildlife (CDFW) stated in their
report (September 2017 Council
Meeting, Agenda Item E.10.a,
Supplemental CDFW Report 1) that
information through September 10, 2017
suggested that, without intervention to
reduce encounters, the California
recreational harvest of yelloweye
rockfish would exceed the state’s HG by
15 percent, or almost 0.6 mt over their
3.9 mt HG. Based on this new
information, the GMT conducted modelbased runs for two alternative season
structures that included depth-based
area closures for October-December. The
model determined that by restricting the
depths at which fishing may occur,
CDFW could reduce the projected
impacts to yelloweye rockfish by 0.3–
0.4 mt.
Therefore, the Council recommended
and NMFS is implementing, through
modifications to regulations at
§ 660.360(c)(3)(i)(A)(1) through (4), more
restrictive depth closures for 4 of the 5
California recreational fishery
management areas. The Council did not
recommend a change for the Southern
Management Area (south of 34°27′ N.
lat.) at this time, which is already
restricted to waters deeper than the 60
fm depth contour.
Under the current regulations,
recreational fishing is restricted by
depth in the Northern and Mendocino
Management Areas during May through
October 31; with all depths open for
November and December. With the
implementation of this rule, recreational
fishing in this management area will be
restricted from mid-October through the
end of the year to shoreward of the 20
fm depth contour. Additionally,
recreational fishing is currently
restricted to shoreward of the 40 fm
depth contour in the San Francisco
Management Area and the 50 fm depth
contour in the Central Management
Area. Through this rule, recreational
fishing will be further restricted
between October 16 and December 31 in
these areas. Beginning October 16 in the
San Francisco Management Area,
recreational fishing will be prohibited
seaward of the 30 fm depth contour and
the 40 fm depth contour in the Central
Management Area.
More restrictive depth restrictions are
intended to allow some recreational
fishing to continue to occur while
reducing catch of overfished yelloweye
rockfish and keeping projected total
catch through the end of the year below
the ACL. According to the most recent
data, even taking into account the
overages in Oregon and California, there
is an approximately 1.3 mt residual
amount of yelloweye rockfish from the
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off-the-top deductions that were made
through the biennial specifications
process, including 0.4 mt that was not
allocated at the beginning of the
biennium, 0.9 mt from research which
is projected to go unused, and 0.3 mt
from incidental open access that is
projected to go unused. Therefore, even
if California takes an additional 0.6 mt
over their 3.9 mt allocation, there is an
extremely low risk of exceeding the
ACL.
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 October 19, 2017.
The adjustments to management
measures in this document affect
commercial fisheries in Washington,
Oregon and California and recreational
fisheries in 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.
LEFG and OAFG DTL Sablefish
Fisheries North of 36° N. Lat.
At its September 2017 Council
meeting, the Council recommended an
increase to LEFG and OA sablefish
north of 36° N. lat. trip limits be
implemented as quickly as possible to
allow harvest of sablefish to approach
but not exceed the 2017 ACL. 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
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notice and opportunity for public
comment would prevent NMFS from
managing the LEFG and OA fixed gear
sablefish DTL fishery using the best
available science to approach, 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
during the two-month cumulative limit
period to allow LEFG and OAFG
fishermen an opportunity to harvest
higher limits for sablefish without
exceeding the ACL north of 36° N. lat.
It is in the public interest for
fishermen to have an opportunity to
harvest the sablefish ACL north of 36°
N. lat. because the sablefish fishery
contributes revenue to the coastal
communities of Washington, Oregon,
and California. This action, if
implemented quickly, is anticipated to
allow catch of sablefish through the end
of the year to approach but not exceed
the ACL, and allows harvest as intended
by the Council, consistent with the best
scientific information available.
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Clarification on Lingcod Size Limits for
the Shorebased IFQ Program
At its September Council meeting, the
Council recommended NMFS include a
reference to the lingcod size limits for
north and south of 42° N. lat. in the trip
limit tables for the limited entry trawl
fishery, Tables 1 (North and South).
After additional consideration, NMFS is
clarifying existing regulations instead of
adding a reference to the trip limit
tables for the reasons mentioned in the
above section. There was not sufficient
time after the Council 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 not be in the public
interest for fishermen or the public.
Fisherman knowing and abiding by the
correct size limits in regulation protects
small and juvenile fish and prevents
unintended impacts to the stock. This
action, if implemented quickly, is
anticipated to make the lingcod size
limits clearer for fishermen and the
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NOAA Office of Law Enforcement as
well as state enforcement agencies,
which will help them to abide by all
federal size limits for lingcod, and is
consistent with the best scientific
information available.
California Recreational Fishery
Management Measures
At its September Council meeting, the
Council recommended changes to the
depth restrictions for recreational
fishery management areas off of
California be implemented as soon as
possible to prevent further exceedance
of the state HG for yelloweye rockfish
(3.9 mt) while still providing
recreational fishing opportunity to that
sector. 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 and California from
managing the California recreational
sector using the best available science to
address exceedance of the State’s
yelloweye rockfish HG, keep catch
through the end of the year within the
rebuilding ACL, while allowing harvest
opportunites as intended by the Council
and in accordance with the PCGFMP
and applicable law. These depth-based
restrictions will move vessels to
shallower waters where they are less
likely to encounter yelloweye rockfish,
while also providing the recreational
fishing opportunity that benefits local
communities.
It is in the public interest in California
to allow the recreational fishery to
remain open for the remainder of the
year. Recreational fishing in California
contributes revenue to the coastal
communities of that state, and closing
the fishery for the remainder of the year
would cause adverse economic impacts
to those communities. This action, if
implemented quickly, is anticipated to
provide recreational fishing opportunity
for the duration of the year, keep the
yelloweye rockfish harvest within the
federal ACL, and is consistent with the
best scientific information available.
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List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
Dated: October 16, 2017.
Alan D. Risenhoover,
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. In § 660.60, paragraphs (h)(5)(ii)(B)
introductory text, (h)(5)(ii)(B)(2)
introductory text, and (h)(5)(ii)(B)(2)(i)
and (ii) are revised to read as follows:
■
§ 660.60 Specifications and management
measures.
*
*
*
*
*
(h) * * *
(5) * * *
(ii) * * *
(B) Shorebased IFQ Program. For
vessels landing sorted catch, the weight
conversions for purposes of applying QP
and size limits are provided in
paragraphs (h)(5)(ii)(B)(2)(i) through (iii)
of this section.
*
*
*
*
*
(2) Lingcod. The following
conversions and size limits apply:
(i) The minimum size limit for lingcod
North of 42° N. lat. is 22 inches (56 cm)
total length for whole fish, which
corresponds to 18 inches (46 cm) with
the head removed.
(ii) The minimum size limit for
lingcod South of 42° N. lat. is 24 inches
(61 cm) total length for whole fish,
which corresponds to 19.5 inches (49.5
cm) with the head removed.
*
*
*
*
*
■ 3. Table 2 (North) and Table 2 (South)
to part 660, subpart E are revised to read
as follows:
BILLING CODE 3510–22–P
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§
le 2 (North) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear
rth of 40°1 0' N. lat.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~==::~
JAN-FEB
MAR-APR
MAY-JUN
JuLTuri
1
1
SEP-OCT
~
~DEC
10132017
Rockfish Conservation Area (RCA) 11 :
1 North of 46' 16' N. lat.
2 46,16' N.lat.- 42'00' N.lat.
4iOO' N.lat.- 40,10' N.lat.
shoreline- 100 fm line 11
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
restricti~.e
than Federal trip limits or seasons, particularly in waters off Oregon and California.
21
4 Minor Slope Rockfish & Darkblotched
4,000 lb/2 months
rockfish
1,BOO lb/2 months
5 Pacific ocean perch
1,125 lb/week,
not to exceed
3,3751b/2
months
Sablefish
6
1,500 Ibs/week, not to
exceed 4,500 lbs/2
months
1,100 lb/week, not to exceed 3,300 lb/2 months
10,000 lb/2 months
7 Longspine thornyhead
I
2,000 lb/2 months
8 Shortspine thornyhead
9
"10
~Dover sole, arrowtooth flounder,
2,500 lb/ 2 months
-1
)>
5,000 lb/ month
_g_ petrale sole, English sole, starry
12
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.
T3 flounder, Other Flatfish 31
T4
15 Whiting
200 lb/ month
z
1,000 lb/ month
17 Yellowtail rockfish
18 Canary rockfish
300 lb/2 months
0
...,
CLOSED
19 Yelloweye rockfish
......
20 Minor Nearshore Rockfish & Black
North of 42°00' N. lat.
21
5,000 lb/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
4iOO' N.lat.- 40,10' N.lat.
which may be
species other
than black
rockfish
7,000 lb/2 months, no more than 1,200 lb of which may be species other than
black rockfish
200 lb/2 months
23 Lingcod 51
1
24 Pacific cod
1.200 lb/2
months
200,000 lb/2 months
1
150.000 lb/2
months
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1
700 lb/1400 lb/
month 1 month
Cabezon in Oregon and
14:12 Oct 18, 2017
I
100,000 lb/2 months
Unlimited
26 Longnose skate
27 Other
California
1,400 lb/ bimonthly
1,000 lb/2 months
25 Spinydogfish
Fish 81&
I
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22
-
::::r
rockfish
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r-
m
10,000 lb/ trip
21
16 Minor Shelf Rockfish , Shortbelly, &
Widow rockfish
m
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Table 2 (South) to Part 660, Subpart E -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Limited Entry Fixed Gear
South of40"10' N. lat.
Other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table
MAY-JUN
JAN-FEB
I MAR-APR
I
I
Rockfish Conservation kea (RCA) 11:
I
I
1 40.10' N. lat.- 34.27' N. lat.
2
I
JUL-AUG
I
SEP-OCT
10132017
NOV-DEC
I
I
40 fm line 11 -125 fm line 11
South of 34.27' N. lat.
75 fm line 11 - 150 fm line 11 (also applies around islands)
See §§660.60 and 660.230 for additional gear, trip lirrit 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 restricti;e than Federal trip limits or seasons, particulariy in waters off Oregon and California.
3
Minor Slope rockfish 21 & Darkblotched
rockfish
40,000 lb/2 months, of which no more than
1,375 lb may be blackgill rockfish
4 Splitnose rockfish
I
40,000 lb/2 months, of which no more than
1,600 lb may be blackgill rockfish
40,000 lb/2 months
~ Sable fish
6
40.10' N. lat.- 36.00' N. lat.
1,125 lb/week,
not to exceed
3,3751b/2
months
7
South of 36.00' N. lat.
8 Longspine thornyhead
9 Shortspine thornyhead
I
10
2,500 lb/2 months
3,000 lb/2 months
-1
5,000 lb/ month
South of 4i N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more
than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11
mm) point to shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs.
petrale sole, English sole, starry
15
31
16 flounder, Other Flatfish
-
I
2,000 lb/2 months
South of 34.27' N. lat.
13 Dover sole, arrowtooth flounder,
14
2,000 lb/ week
10,000 lb/2 months
40.10' N. lat.- 34.27' N. lat.
11
12
1,500 lbs/week, not to
exceed 4,500 lbs/2
months
1,100 lb/week, not to exceed 3,300 lb/2 months
17
18 Whiting
10,000 lb/ trip
19 Minor Shelf Rockfish21, Shortbelly rockfish, Widow rockfish (including Chilipepper between 40"10' - 34.27' N. lat.)
40.10' N. lat.- 34.27' N. lat.
21
22 Chilipepper
40.10' N. lat.- 34.27' N. lat. Chilipepper included under minor shelf rockfish, shortbelly and widow rockfish limits-- See above
23
24
25 Canary rockfish
2,000 lb/2 months, this opportunity only available seaward of the non-trawl RCA
South of 34.27' N. lat.
300 lb/2 months
26 Yelloweye rockfish
27 Cowcod
r-
I\)
en
0
c
.....
-
::::r
CLOSED
28 Bronzespotted rockfish
m
m
Minor shelf rockfish, shortbelly, widow rockfish, & chilipepper: 2,500 lb/2 months, of which no more
than 500 lb may be any species other than chilipepper.
4,000 lb/2
CLOSED
4,000 lb/2 months
South of 34.27' N. lat.
months
20
)>
CLOSED
CLOSED
29 Bocaccio
30
40.10' N. lat.- 34.27' N. lat.
31
South of 34.27' N. lat.
1,000 lb/2 months
1,500 lb/2
months
CLOSED
1,500 lb/2 months
32 Minor Nearshore Rockfish & Black rockfish
-
33 Shallow nearshore
1,200 lb/2
months
CLOSED
1,200 lb/2 months
34 Deeper nearshore
1,000 lb/2
months
CLOSED
1,000 lb/2 months
35
1,500 lb/2
months
CLOSED
1,500 lb/2 months
200 lb/2
months
CLOSED
California Scorpionfish
36
Lingcod 41
rmajette on DSKBCKNHB2PROD with RULES
37 Pacific cod
38 Spiny dogfish
200,000 lb/2 months
BOO lb/2
months
months
39 Long nose skate
40 Other Fish 61 & Cabezon
VerDate Sep<11>2014
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1,200 lb/ bimonthly
I
1,000 lb/2 months
150,000 lb/2 I
lb~
600
1300 lb/
month month
100,000 lb/2 months
Unlimited
Unlimited
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-
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
4. Table 3 (North) and Table 3 (South)
to part 660, subpart F are revised to read
rmajette on DSKBCKNHB2PROD with RULES
■
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as follows:
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48662
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
48663
Table 3 (North) to Part 660, Subpart F -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears North of
40.10' N. lat.
Other limits and requirements apply- Read §§660.1 0 through 660.399 before using this table
JAN-FEB
I
Rockfish Conservation Area (RCA)11 :
MAR-APR
I
I
I
10/04/2017
IWW-JUN
I
JUL-AUG
I
I
I
I
I
I
NOV-DEC
I
SEP-OCT
I
shoreline - 100 fm line 11
North of 46.16' N. lat.
6.16' N.lat.- 4ioo· N.lat.
301m line11 -100fm line11
ioo· N.lat.- 40.10' N.lat.
301m line11 -100fm 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).
State trip limits and seasons may be more restricti\.e than Federal trip limits or seasons, particular1y in waters off Oregon and California.
4
Minor Slope Rockfish'1 &
Darkblotched rockfish
5
Pacific ocean perch
Per trip, no more than 25% of weight of the sablefish landed
100 lb/ month
300 lb/ day, or 1
landing per
weekofupto
1,000 lb, notto
exceed 2,000
lb/2 months
Sable fish
6
300 lb/day, or 1
landing per
300 lb/day, or 1 landing
300 lb/ day, or 1 landing per week of up
weekofupto
per week of up to 1,300
to 1,000 lb, notto exceed 2,000 lb/2
900 lb, not to
lbs, not to exceed 2,600
months
exceed 1,800
lbs/2 months
lb/2 months
Shortpine thornyheads and longspine
hornyheads
CLOSED
3,000 lb/ 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 Flatfish31
~
13
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
-1
OJ
r-
m
300 lb/ month
Minor Shelf Rockfish 21, Shortbelly
15
rockfish, & Widow rockfish
,.
200 lb/ month
ellowtail rockfish
w
500 lb/ month
17 Canary rockfish
150 lb/ 2 months
18 Yelloweye rockfish
CLOSED
20
5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish
North of 42" 00' N. lat.
21
42"00' N.lat. -40.10' N.lat.
8,500 lb/2
months, no
more than
1,200 lb of
which may be
species other
than black
rockfish
600 lb/ month
I
700 lb/ month
I
~00 lb/ 200 lb/
month
1
month
1,000 lb/ 2 months
23 Pacific cod
200,000 lb/ 2 months
24 Spiny dogfish
150.000 lb/ 2
months
I
100,000 lb/2 months
Unlimited
25 Longnose skate
26
0
::::r
7,000 lb/2 months, no more than 1,200 lb of which may be species other than
black rockfish
100 lb/ month
22 Lingcod 51
...
z
19 Minor Nearshore Rockfish & Black rockfish
Other Fish61 & Cabazon in Oregon and
California
Unlimited
SALMON TROLL (subject to RCAs v.hen retaining all species of groundfish, except for yellov.tail rockfish and lingcod, as described belo~
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28 North
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Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lbs of salmon landed, with a
cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 200 lb per month
combined limit for minor shelf rockfish, widow rockfish and yellowtail rockfish, and not in addition to that limit.
Salmon trollers may retain and land up to 1 lingcod per 15 Chinook per trip, plus 1 lingcod per trip, up to a trip
limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only applies during times when
lingcod retention is aiiOINed, and is not "CLOSED." This limit is within the per month limit for lingcod described
in the table abo\e, 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 above, unless otherwise stated here.
48664
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
Table 3 (North). Continued
29 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
Effective April 1 -October 31: Groundfish: 500 lblday, 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 O\erall500 lb/day and
1,500 lb/trip groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lblmonth;
canary, thomyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed
under the O\Erall 500 lblday and 1,500 lbltrip 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
limits for Minor Slope Rockfish.
3/ "Other flatfish" are defined a
.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
41 For black rockfish north of Cape Alava (48.09.50' N. lat.), and between Destruction Is. (4r40' N. lat.) and Leadbetter Pnt. (46.38.17' N. lat.),
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there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
48665
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
Table 3 (South) to Part 660, Subpart F -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears South
of 40°10' N. lat.
lilF'" '· "': - '· '"'
,,,.
d §§660.1 0 through 660.399 before using this table
JAN-FEB
MAR-APR I MAY-JUN
I
I
11.
I
I
JUL-AUG
I
I
10/04/2017
I
I
SEP-OCT
NOV-DEC
40 fm line 11 - 125 fm line 11
75 fm line 11 -150 fm line11(also applies around islands)
South of 34 27' N. lat.
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and
§§660.76.060.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks,
and EFHCAs).
State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, particular1y in waters off Oregon and California.
Minor Slope Rockfish 21 &
Darkblotched rockfish
10,000 lb/2 months, of which no more than 475
lb may be blackgill rockfish
200 lb/ month
Splitnose rockfish
Sable fish
40. 10' N. lat.- 36.00' N. lat.
7
10,000 lb/2 months, of which no more than 550
lb may be blackgill rockfish
300 lb/ day, or 1 300 lb/day, or 1
landing per
landing per
300 lb/day, or 1 landing
300 lb/ day, or 1 landing per week of up
week of up to
week of up to
per week of up to 1,300
to 1,000 lb, not to exceed 2,000 lb/2
lbs, not to exceed 2,600
1,000 lb, not to 900 lb, not to
months
exceed 2,000 exceed 1,800
lbs/2 months
lb/2 months
lb/2 months
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.
-1
)>
Shortpine thornyheads and longspine
hornyheads
CLOSED
40" 10' N. lat.- 34.27' N. lat.
m
50 lb/ day, no more than 1,000 lb/2 months
South of 34.27' N. lat.
3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs.
Dover sole, arrowtooth flounder,
petrale sole, English sole, starry
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.
flounder, Other Flatfish31
Minor Shelf Rockfish21, Shortbelly,
Widow rockfish and Chilipepper
40. 10' N. lat.- 34.27' N. lat.
0
South of 34.27' N. lat.
400 lb/2
months
1,500 lb/2
months
m
w
en
300 lb/ month
Whiting
r-
400 Ib/ 2 months
0
1,500 lb/2 months
c
CLOSED
1 Canary rockfish
~v·u~~~h
Cowcod
.....
-
150 lb/2 months
CLOSED
CLOSED
CLOSED
Bronzespotted rockfish
::::r
500 lb/2
months
CLOSED
sao Ib/ 2 months
27 Shallow nearshore
1,200 lb/2
months
CLOSED
1,200 lb/2 months
Deeper nearshore
1,000 lb/2
months
CLOSED
1,000 lb/2 months
California scorpionfish
1,500 lb/2
months
CLOSED
1,500 lb/ 2 months
100 lb/ month
CLOSED
Bocaccio
Minor Nearshore Rockfish & Black
rockfish
30 Lingcod 41
31 Pacific cod
200,000 lb/2 months
150,000 lb/2
months
33 Longnose skate
34 Other Fish51 & Cabezon
14:12 Oct 18, 2017
400 lb/
month
150 lb/
month
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100,000 lb/2 months
Unlimited
Unlimited
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VerDate Sep<11>2014
600 lb/ month
1,000 lb/2 months
32 Spiny dogfish
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400 lb/ month
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
5. In § 660.360, paragraphs
(c)(3)(i)(A)(1) through (4) are revised to
read as follows:
■
§ 660.360 Recreational fishery—
management measures.
rmajette on DSKBCKNHB2PROD with RULES
*
*
*
*
*
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(1) Between 42° N. lat. (California/
Oregon border) and 40°10′ N. lat.
(Northern Management Area),
recreational fishing for all groundfish
(except petrale sole, starry flounder, and
‘‘other flatfish’’ as specified in
paragraph (c)(3)(iv) of this section) is
prohibited seaward of the 30 fm (55 m)
depth contour along the mainland coast
and along islands and offshore
seamounts from May 1 through October
15 (shoreward of 30 fm is open); is
prohibited seaward of the 20 fm (37 m)
depth contour along the mainland coast
and along islands and offshore
seamounts from October 16 through
December 31 (shoreward of 20 fm is
VerDate Sep<11>2014
14:12 Oct 18, 2017
Jkt 244001
open); and is closed entirely from
January 1 through April 30. Coordinates
for the boundary line approximating the
20 (37 m) and 30 fm (55 m) depth
contours are listed in § 660.71.
(2) Between 40°10′ N. lat. and
38°57.50′ N. lat. (Mendocino
Management Area), recreational fishing
for all groundfish (except petrale sole,
starry flounder, and ‘‘other flatfish’’ as
specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of the 20
fm (37 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 1 through
December 31 (shoreward of 20 fm is
open), and is closed entirely from
January 1 through April 30. Coordinates
for the boundary line approximating the
20 fm depth contour are listed in
§ 660.71.
(3) Between 38°57.50′ N. lat. and
37°11′ N. lat. (San Francisco
Management Area), recreational fishing
for all groundfish (except petrale sole,
starry flounder, and ‘‘other flatfish’’ as
specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of the
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boundary line approximating the 40 fm
(73 m) depth contour along the
mainland coast and along islands and
offshore seamounts from April 15
through October 15; is prohibited
seaward of the boundary line
approximating the 30 fm (55 m) depth
contour along the mainland coast and
along islands and offshore seamounts
from October 16 through December 31,
and is closed entirely from January 1
through April 14. Closures around
Cordell Banks (see paragraph (c)(3)(i)(C)
of this section) also apply in this area.
Coordinates for the boundary line
approximating the 30 (55 m) and 40 fm
(73 m) depth contours are listed in
§ 660.71.
(4) Between 37°11′ N. lat. and 34°27′
N. lat. (Central Management Area),
recreational fishing for all groundfish
(except petrale sole, starry flounder, and
‘‘other flatfish’’ as specified in
paragraph (c)(3)(iv) of this section) is
prohibited seaward of a boundary line
approximating the 50 fm (91 m) depth
contour along the mainland coast and
along islands and offshore seamounts
E:\FR\FM\19OCR1.SGM
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48666
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
from April 1 through October 15; is
prohibited seaward of a boundary line
approximating the 40 fm (73 m) depth
contour along the mainland coast and
along islands and offshore seamounts
from October 16 through December
31and is closed entirely from January 1
through March 31 (i.e., prohibited
seaward of the shoreline). Coordinates
for the boundary line approximating the
40 fm (73 m) depth contour are
specified at § 660.71 and the 50 fm (91
m) depth contour are specified in
§ 660.72.
*
*
*
*
*
[FR Doc. 2017–22695 Filed 10–18–17; 8:45 am]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF761
Fisheries of the Exclusive Economic
Zone off Alaska; Shortraker Rockfish
in the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of shortraker rockfish in the Western
Regulatory Area of the Gulf of Alaska
rmajette on DSKBCKNHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:12 Oct 18, 2017
Jkt 244001
(GOA). This action is necessary because
the 2017 total allowable catch of
shortraker rockfish in the Western
Regulatory Area of the GOA has been
reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 16, 2017,
through 2400 hours, A.l.t., December 31,
2017.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2017 total allowable catch (TAC)
of shortraker rockfish in the Western
Regulatory Area of the GOA is 38 metric
tons (mt) as established by the final
2017 and 2018 harvest specifications for
groundfish of the GOA (82 FR 12032,
February 27, 2017).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2017 TAC of
shortraker rockfish in the Western
Regulatory Area of the GOA has been
reached. Therefore, NMFS is requiring
that shortraker rockfish in the Western
Regulatory Area of the GOA be treated
as prohibited species in accordance
with § 679.21(b).
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48667
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay prohibiting the retention of
shortraker rockfish in the Western
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of October 10, 2017.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by §§ 679.20
and 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–22704 Filed 10–16–17; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\19OCR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Rules and Regulations]
[Pages 48656-48667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22695]
[[Page 48656]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-7010-02]
RIN 0648-BH20
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
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective October 19, 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 September 11-18, 2017 meeting. The changes the Council recommended
include: (1) Increasing the sablefish trip limits in the limited entry
fixed gear (LEFG) and open access (OA) sablefish daily trip limit (DTL)
fisheries north of 36[deg] North latitude (N. lat.), (2) adding a
reference to the current lingcod size limits in the trip limit table
for the trawl fishery, and (3) implementing depth restrictions in the
California recreational fishery.
LEFG and OA Sablefish DTL Fisheries North of 36[deg] N. Lat.
To increase harvest opportunities for LEFG and OA sablefish DTL
fisheries north of 36[deg] N. lat., the Council recommended increases
to sablefish trip limits for all remaining periods in 2017. Trip limits
for LEFG and OA sablefish DTL fisheries have been designated at 50 CFR
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP as routine
management measures.
Sablefish are distributed coastwide with harvest specifications
split north and south of 36[deg] N. lat. Trip limit increases, for
species such as sablefish, are intended to increase attainment of the
non-trawl harvest guideline (HG).
To assist the Council in evaluating the increases to sablefish trip
limits, the Groundfish Management Team (GMT) made model-based landings
projections for the LEFG and OA sablefish DTL fisheries north of
36[deg] N. lat. for the remainder of this year. These projections were
based on the most recent information available. The model predicts
harvest of 76 percent (194 mt) of the LEFG harvest guideline (HG) (258
mt) and harvest of 77 percent (326 mt) of the OA sablefish DTL fishery
HG (425 mt) under the current limits through the end of the year. With
the recommended increase in sablefish trip limits, the projected
harvest is 80 percent (206.9 mt) of the LEFG HG (258 mt) and 88 percent
(374 mt) of the OA sablefish DTL fishery HG (425 mt) through the end of
the year. This increase in trip limits does not change projected
impacts to co-occurring overfished species from those anticipated in
the 2017-18 harvest specifications and management measures, as the
projected impacts to those species assume that the entire sablefish ACL
is harvested. Finally, projections for the LEFG sablefish fisheries
south of 36[deg] N. lat. are similar to levels anticipated in the 2017-
18 harvest specifications and management measures, and no requests were
made by industry for changes; therefore, no inseason actions were
considered. Therefore, the Council recommended and NMFS is
implementing, by modifying Tables 2 (North and South) to part 660,
subpart E, trip limit changes for the LEFG sablefish DTL fisheries
north of 36[deg] N. lat. The trip limits for sablefish in the LEFG
fishery north of 36[deg] N. lat. increase from ``1,100 lb (499 kg) per
week, not to exceed 3,300 lb (1,497 kg) per two months'' to ``1,500 lb
(680 kg) per week, not to exceed 4,500 lb (2,041 kg) per two months''
beginning in period 5 through the end of the year.
The Council also recommended and NMFS is implementing, by modifying
Tables 3 (North and South) to part 660, subpart F, trip limits for
sablefish in the OA sablefish DTL fishery north of 36[deg] N. lat., an
increase from ``300 lb (136 kg) per day, or one landing per week of up
to 1,000 lb (454 kg), not to exceed 2,000 lb (907 kg) per two months''
to ``300 lb (136 kg) per day, or one landing per week of up to 1,300 lb
(590 kg), not to exceed 2,600 lb (1,179 kg) per two months'' beginning
in period 5 through the end of the year.
Clarification on Lingcod Size Limits for the Shorebased Individual
Fishing Quota (IFQ) Program
At the September Council meeting, members of the Enforcement
Consultants (EC) noted confusion with regards to size limits for
lingcod, an IFQ species, caught with trawl gear in the Shorebased IFQ
Program north and south of 42[deg] N. lat. Currently, lingcod size
limits apply, per regulations at Sec. 660.60(h)(5)(ii)(B)(2). However,
members of the EC and the public have commented that it can be
difficult to find the regulations, and that they could be
misinterpreted. Therefore, the Council recommended that NMFS include a
reference to the current lingcod size limits (22 inches for north of
42[deg] N. lat. and 24 inches for south of 42[deg] N. lat.) in Tables 1
(North and South), part 660, subpart D. However, Tables 1 (North and
South) do not provide any information regarding IFQ species (e.g. size
limits, landing limits, vessel limits, etc.). These tables describe
rockfish conservation areas for vessels using groundfish trawl gear and
incidental landing allowances for non-IFQ species (for vessels
registered to a limited entry trawl permit and using groundfish trawl
or groundfish non-trawl gears to harvest IFQ species). NMFS thought it
might cause confusion to intermingle IFQ species size limits in the
tables that describe non-IFQ species
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trip limits and trawl rockfish conservation area boundaries. However,
consistent with the intent to clarify the applicable size limits for
lingcod harvested in the Shorebased IFQ Program, NMFS is clarifying
regulations at Sec. 660.60(h)(5)(ii)(B)(2).
Size limits are designated as routine management measures at Sec.
660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP. Based on the
reasons stated above, instead of including a reference to lingcod size
limits in Tables 1 (North and South), NMFS is making clarifying edits
to existing regulations at Sec. 660.60(h)(5)(ii)(B), which is the
section of the regulations describing weight conversions and size
limits for the Shorebased IFQ Program. The change to the regulations
includes a clear reference to the lingcod size limits for north and
south of 42[deg] N. lat. for the Shorebased IFQ Program for both the
whole fish and fish with the head removed.
California Recreational Fishery Management Measures
In June 2016, the Council recommended Oregon and California
recreational groundfish regulations for 2017 and 2018. At that time,
management measures were anticipated to keep recreational catch within
HGs and targets. However, recently, recreational fisheries in both
Oregon and California have experienced higher than expected mortality
for certain species. These species include black rockfish and cabezon
in Oregon only, as well as yelloweye rockfish in both Oregon and
California. The higher mortality has likely been the result of more
favorable weather conditions experienced over the past few months, as
well as increased fishing for groundfish due to a decline in salmon
harvest opportunities due to the status of salmon stocks. Because of
these factors, effort and impacts have been higher than originally
projected, and will approach and/or exceed relevant state HGs. The
state of Oregon has recently taken action through their state processes
to address the higher than anticipated harvest in their recreational
fisheries. California, however, relies on modifications to the federal
regulations to address their higher than anticipated harvest. Inseason
changes to depth restrictions for the California recreational fishery
are designated at Sec. 660.60(c)(3)(i) and in Section 6.2.1 of the
PCGFMP as routine management measures.
At the September Council meeting, the GMT was informed that
California was experiencing higher than projected recreational harvest
of yelloweye rockfish. The California Department of Fish and Wildlife
(CDFW) stated in their report (September 2017 Council Meeting, Agenda
Item E.10.a, Supplemental CDFW Report 1) that information through
September 10, 2017 suggested that, without intervention to reduce
encounters, the California recreational harvest of yelloweye rockfish
would exceed the state's HG by 15 percent, or almost 0.6 mt over their
3.9 mt HG. Based on this new information, the GMT conducted model-based
runs for two alternative season structures that included depth-based
area closures for October-December. The model determined that by
restricting the depths at which fishing may occur, CDFW could reduce
the projected impacts to yelloweye rockfish by 0.3-0.4 mt.
Therefore, the Council recommended and NMFS is implementing,
through modifications to regulations at Sec. 660.360(c)(3)(i)(A)(1)
through (4), more restrictive depth closures for 4 of the 5 California
recreational fishery management areas. The Council did not recommend a
change for the Southern Management Area (south of 34[deg]27' N. lat.)
at this time, which is already restricted to waters deeper than the 60
fm depth contour.
Under the current regulations, recreational fishing is restricted
by depth in the Northern and Mendocino Management Areas during May
through October 31; with all depths open for November and December.
With the implementation of this rule, recreational fishing in this
management area will be restricted from mid-October through the end of
the year to shoreward of the 20 fm depth contour. Additionally,
recreational fishing is currently restricted to shoreward of the 40 fm
depth contour in the San Francisco Management Area and the 50 fm depth
contour in the Central Management Area. Through this rule, recreational
fishing will be further restricted between October 16 and December 31
in these areas. Beginning October 16 in the San Francisco Management
Area, recreational fishing will be prohibited seaward of the 30 fm
depth contour and the 40 fm depth contour in the Central Management
Area.
More restrictive depth restrictions are intended to allow some
recreational fishing to continue to occur while reducing catch of
overfished yelloweye rockfish and keeping projected total catch through
the end of the year below the ACL. According to the most recent data,
even taking into account the overages in Oregon and California, there
is an approximately 1.3 mt residual amount of yelloweye rockfish from
the off-the-top deductions that were made through the biennial
specifications process, including 0.4 mt that was not allocated at the
beginning of the biennium, 0.9 mt from research which is projected to
go unused, and 0.3 mt from incidental open access that is projected to
go unused. Therefore, even if California takes an additional 0.6 mt
over their 3.9 mt allocation, there is an extremely low risk of
exceeding the ACL.
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 October 19, 2017. The
adjustments to management measures in this document affect commercial
fisheries in Washington, Oregon and California and recreational
fisheries in 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.
LEFG and OAFG DTL Sablefish Fisheries North of 36[deg] N. Lat.
At its September 2017 Council meeting, the Council recommended an
increase to LEFG and OA sablefish north of 36[deg] N. lat. trip limits
be implemented as quickly as possible to allow harvest of sablefish to
approach but not exceed the 2017 ACL. 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
[[Page 48658]]
notice and opportunity for public comment would prevent NMFS from
managing the LEFG and OA fixed gear sablefish DTL fishery using the
best available science to approach, 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 during the two-month cumulative limit period to allow LEFG and
OAFG fishermen an opportunity to harvest higher limits for sablefish
without exceeding the ACL north of 36[deg] N. lat.
It is in the public interest for fishermen to have an opportunity
to harvest the sablefish ACL north of 36[deg] N. lat. because the
sablefish fishery contributes revenue to the coastal communities of
Washington, Oregon, and California. This action, if implemented
quickly, is anticipated to allow catch of sablefish through the end of
the year to approach but not exceed the ACL, and allows harvest as
intended by the Council, consistent with the best scientific
information available.
Clarification on Lingcod Size Limits for the Shorebased IFQ Program
At its September Council meeting, the Council recommended NMFS
include a reference to the lingcod size limits for north and south of
42[deg] N. lat. in the trip limit tables for the limited entry trawl
fishery, Tables 1 (North and South). After additional consideration,
NMFS is clarifying existing regulations instead of adding a reference
to the trip limit tables for the reasons mentioned in the above
section. There was not sufficient time after the Council 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 not be in the public interest for fishermen or
the public. Fisherman knowing and abiding by the correct size limits in
regulation protects small and juvenile fish and prevents unintended
impacts to the stock. This action, if implemented quickly, is
anticipated to make the lingcod size limits clearer for fishermen and
the NOAA Office of Law Enforcement as well as state enforcement
agencies, which will help them to abide by all federal size limits for
lingcod, and is consistent with the best scientific information
available.
California Recreational Fishery Management Measures
At its September Council meeting, the Council recommended changes
to the depth restrictions for recreational fishery management areas off
of California be implemented as soon as possible to prevent further
exceedance of the state HG for yelloweye rockfish (3.9 mt) while still
providing recreational fishing opportunity to that sector. 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 and California from managing the California recreational
sector using the best available science to address exceedance of the
State's yelloweye rockfish HG, keep catch through the end of the year
within the rebuilding ACL, while allowing harvest opportunites as
intended by the Council and in accordance with the PCGFMP and
applicable law. These depth-based restrictions will move vessels to
shallower waters where they are less likely to encounter yelloweye
rockfish, while also providing the recreational fishing opportunity
that benefits local communities.
It is in the public interest in California to allow the
recreational fishery to remain open for the remainder of the year.
Recreational fishing in California contributes revenue to the coastal
communities of that state, and closing the fishery for the remainder of
the year would cause adverse economic impacts to those communities.
This action, if implemented quickly, is anticipated to provide
recreational fishing opportunity for the duration of the year, keep the
yelloweye rockfish harvest within the federal ACL, and is consistent
with the best scientific information available.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: October 16, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.60, paragraphs (h)(5)(ii)(B) introductory text,
(h)(5)(ii)(B)(2) introductory text, and (h)(5)(ii)(B)(2)(i) and (ii)
are revised to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
(5) * * *
(ii) * * *
(B) Shorebased IFQ Program. For vessels landing sorted catch, the
weight conversions for purposes of applying QP and size limits are
provided in paragraphs (h)(5)(ii)(B)(2)(i) through (iii) of this
section.
* * * * *
(2) Lingcod. The following conversions and size limits apply:
(i) The minimum size limit for lingcod North of 42[deg] N. lat. is
22 inches (56 cm) total length for whole fish, which corresponds to 18
inches (46 cm) with the head removed.
(ii) The minimum size limit for lingcod South of 42[deg] N. lat. is
24 inches (61 cm) total length for whole fish, which corresponds to
19.5 inches (49.5 cm) with the head removed.
* * * * *
0
3. Table 2 (North) and Table 2 (South) to part 660, subpart E are
revised to read as follows:
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4. Table 3 (North) and Table 3 (South) to part 660, subpart F are
revised to read as follows:
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0
5. In Sec. 660.360, paragraphs (c)(3)(i)(A)(1) through (4) are revised
to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10' N. lat. (Northern Management Area), recreational fishing for
all groundfish (except petrale sole, starry flounder, and ``other
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is
prohibited seaward of the 30 fm (55 m) depth contour along the mainland
coast and along islands and offshore seamounts from May 1 through
October 15 (shoreward of 30 fm is open); is prohibited seaward of the
20 fm (37 m) depth contour along the mainland coast and along islands
and offshore seamounts from October 16 through December 31 (shoreward
of 20 fm is open); and is closed entirely from January 1 through April
30. Coordinates for the boundary line approximating the 20 (37 m) and
30 fm (55 m) depth contours are listed in Sec. 660.71.
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for all groundfish (except
petrale sole, starry flounder, and ``other flatfish'' as specified in
paragraph (c)(3)(iv) of this section) is prohibited seaward of the 20
fm (37 m) depth contour along the mainland coast and along islands and
offshore seamounts from May 1 through December 31 (shoreward of 20 fm
is open), and is closed entirely from January 1 through April 30.
Coordinates for the boundary line approximating the 20 fm depth contour
are listed in Sec. 660.71.
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for all groundfish
(except petrale sole, starry flounder, and ``other flatfish'' as
specified in paragraph (c)(3)(iv) of this section) is prohibited
seaward of the boundary line approximating the 40 fm (73 m) depth
contour along the mainland coast and along islands and offshore
seamounts from April 15 through October 15; is prohibited seaward of
the boundary line approximating the 30 fm (55 m) depth contour along
the mainland coast and along islands and offshore seamounts from
October 16 through December 31, and is closed entirely from January 1
through April 14. Closures around Cordell Banks (see paragraph
(c)(3)(i)(C) of this section) also apply in this area. Coordinates for
the boundary line approximating the 30 (55 m) and 40 fm (73 m) depth
contours are listed in Sec. 660.71.
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for all groundfish (except
petrale sole, starry flounder, and ``other flatfish'' as specified in
paragraph (c)(3)(iv) of this section) is prohibited seaward of a
boundary line approximating the 50 fm (91 m) depth contour along the
mainland coast and along islands and offshore seamounts
[[Page 48667]]
from April 1 through October 15; is prohibited seaward of a boundary
line approximating the 40 fm (73 m) depth contour along the mainland
coast and along islands and offshore seamounts from October 16 through
December 31and is closed entirely from January 1 through March 31
(i.e., prohibited seaward of the shoreline). Coordinates for the
boundary line approximating the 40 fm (73 m) depth contour are
specified at Sec. 660.71 and the 50 fm (91 m) depth contour are
specified in Sec. 660.72.
* * * * *
[FR Doc. 2017-22695 Filed 10-18-17; 8:45 am]
BILLING CODE 3510-22-C
