Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species, 60170-60172 [2017-27282]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Proposed Rules]
[Pages 60170-60172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27282]



[[Page 60170]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 161024999-7999-01]
RIN 0648-BG40


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Authorization of an Oregon Recreational Fishery for 
Midwater Groundfish Species

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would authorize the use of midwater long-
leader gear for recreational fishing in waters seaward of a boundary 
line approximating the 40 fathoms depth contour off the coast of 
Oregon. Midwater long-leader gear would be allowed for both charter and 
private vessels seaward of the 40 fathom seasonal depth closure and 
monitored with the existing Oregon Ocean Recreational Boat Sampling 
(ORBS) program. The use of this long-leader gear is intended to aid in 
limiting bycatch of overfished and rebuilding rockfish species, such as 
bottom-dwelling yelloweye rockfish, while still allowing for the catch 
of abundant midwater species such as yellowtail and widow rockfish. The 
season would be limited and occur between the months of April and 
September, months currently subject to depth restrictions.

DATES: Comments on this proposed rule must be received by January 18, 
2018.

ADDRESSES: Submit your comments on this document, identified by NOAA-
NMFS-2017-0047, by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0047, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Barry Thom, Regional 
Administrator, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 
1100, Portland, OR 97232; Attn: Christopher Biegel.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the end of the comment period. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, phone: 503-231-
6291, fax: 503-872-2737, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This proposed rule is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov. 
Background information and documents are available at the NMFS West 
Coast Region website at https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/ and at the Pacific Fishery Management 
Council's website at https://www.pcouncil.org.

Background

    On the West Coast, recreational fisheries primarily occur in non-
federal waters (zero to three nautical miles off the coast) and are 
managed by the states of Washington, Oregon, and California. Inter-
state coordination is facilitated through the Pacific States Marine 
Fisheries Commission (PSMFC). The Pacific Fishery Management Council 
(Council) and NMFS manage and regulate fisheries that occur within 
federal waters (three to 200 nautical miles off the coast). 
Recreational groundfish fisheries are primarily managed with time/area 
closures, size restrictions, and bag limits. Fishing participation and 
effort in Oregon recreational fisheries varies seasonally and 
geographically with participation highest during warmer months.
    There are more than 90 species of groundfish managed under the 
Pacific Coast Groundfish Fishery Management Plan, including over 60 
species of rockfish in the family Scorpaenidae, seven roundfish 
species, 12 flatfish species, assorted shark species, all endemic skate 
species, all endemic grenadier species, and a few miscellaneous bottom-
dwelling marine fish species. Groundfish species occur throughout the 
Federal Exclusive Economic Zone (EEZ) off the coast of Oregon and 
within state waters, occupying diverse habitats at all stages in their 
life history.
    The area affected by the proposed rule is the recreational 
groundfish fishing grounds within the west coast EEZ, from 3 to 200 
nautical miles off the coast of Oregon. Groundfish fishing is largely 
confined to depths of 30 fathoms or less, approximately 30 miles or 
less off the coast. Federally-managed recreational groundfish fishing 
that could be directly affected by the proposed action occurs in 
Federal waters seaward of 40 fathoms off the Oregon coast (42 [deg]00' 
N lat. to 46 [deg]18' N lat.). For the period 2011-2015, anglers fished 
on approximately 84,405 trips per year for bottomfish (groundfish) in 
Oregon waters. This represents the largest single recreational ocean 
fishery in Oregon, representing about 44 percent of the total effort 
over that time period.
    Since 2004, the Oregon recreational groundfish fisheries have been 
restricted to shallow depths (less than 20-40 fm) during the peak 
effort and catch months to reduce interactions with deeper water 
species, especially yelloweye rockfish. The recreational groundfish 
fisheries are an important part of the local economy and social fabric 
in Oregon's coastal communities, and the implementation of deep-water 
rockfish closures in 2004 left several ports without any viable 
groundfish fishing opportunities. In an effort to increase recreational 
fishing opportunities in these ports, and relieve some pressure from 
nearshore reefs, exempted fishing permits (EFP) were issued to test the 
viability of long-leader gear. EFP test fishing, conducted by the 
Oregon Recreational Fishing Alliance in cooperation with the Oregon 
Department of Fish and Wildlife (ODFW), began in 2009 and was completed 
by 2011. Based in part on favorable EFP test fishing results using 
midwater long-leader gear on Oregon sport charter fishing vessels, the 
Council in 2015 requested that regulations authorizing a midwater long-
leader fishery off of Oregon be created.
    Under the proposed rule, midwater long-leader recreational 
groundfish fishing would be authorized seaward of a line approximating 
the 40 fathom depth curve exclusively off the coast of Oregon (42 
[deg]00' N lat. to 46 [deg]18' N lat.) from April-September to target 
abundant and healthy midwater species while avoiding or minimizing 
interactions with overfished rockfish species. The gear configuration 
would include one fishing line, deployed with a sinker and no more than 
three hooks, with a minimum of 30 feet (9.14 meters) between the sinker 
and the lowest hook, and a non-compressible float attached to the line 
above the hooks. The gear may

[[Page 60171]]

be equipped with artificial lures and flies not to exceed 5 inches in 
length. Natural bait, and lures or flies greater than 5 inches in 
length, may not be used. Further, lingcod retention would be 
prohibited. All other existing state and Federal groundfish 
regulations, such as bag limits, rockfish conservation areas, etc., 
would remain in effect. This alternative would be monitored with the 
existing Oregon ORBS program.
    The Council approved language in the definition of long-leader gear 
that included a prohibition on ``large lures'' but did not include a 
definition. After consultation with ODFW, this rule is proposing that 
``large lure'' be defined as over five inches in length. This 
definition is based on industry standard lure sizes commonly used in 
the recreational fishery. Public comment is being requested on this 
definition.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, 16 
U.S.C. 1854(b)(1)(A), NMFS Acting Assistant Administrator has 
determined that this proposed rule is consistent with the Pacific Coast 
Groundfish Fishery Management Plan, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. When an agency proposes regulations, the 
RFA, 5 U.S.C. 603 et seq., requires the agency to prepare and make 
available for public comment an IRFA that describes the impact on small 
businesses, non-profit enterprises, local governments, and other small 
entities. The IRFA is to aid the agency in considering all reasonable 
regulatory alternatives that would minimize the economic impact on 
affected small entities. A copy of the IRFA is available from NMFS (see 
ADDRESSES). A summary of the analysis follows.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the Background section of 
the preamble and in the SUMMARY section of the preamble.

Description and Estimate of the Number of Small Entities to Which the 
Rule Applies

    The RFA, 5 U.S.C. 603 et seq., requires government agencies to 
assess the effects that regulatory alternatives would have on small 
entities. For marinas and charter/party boats, a small business is 
defined as any business/organization independently owned and operated, 
not dominant in its field of operation (including its affiliates), with 
annual receipts not in excess of $7.5 million.
    An estimated 104 recreational charter entities targeted groundfish 
in Oregon in 2014. Each of these vessels had an estimated average 
revenue of $35,743 from groundfish, from a total annual average revenue 
of $116,453, with other significant revenue earned in the salmon, tuna/
albacore, and shellfish fisheries. It is estimated that all 104 
entities would be considered small entities under the RFA.
    In 2015 there were 106,504 angler trips in the Oregon recreational 
groundfish fisheries. This accounted for $14,225,329 in trip-related 
expenses (excludes durable goods) and 327 jobs in the state of Oregon. 
Recreational anglers are not considered small entities under the RFA.
    Many charter operations in Oregon earn a majority of their revenue 
from salmon fishing, however given the natural variability of the 
salmon fishery year to year, there is a potential for more commercial 
charter operations to turn to groundfish if the salmon fishery 
declines.

Estimate of Economic Impacts on Small Entities, by Entity Size and 
Industry

    This rule is expected to give recreational charter entities in 
Oregon increased flexibility to pursue groundfish fishing 
opportunities, which is expected to provide positive economic impacts. 
The rule does not limit any existing activity or impose any mandatory 
new costs on the fleet, so the overall benefit to small entities is 
expected to be slightly positive, as some or most vessels may not 
choose to participate in the midwater fishery due to increased fuel 
costs from the distance required to travel, and because of midwater 
gear requirements. If charter operations choose to supplement 
groundfish in low-salmon years, benefits to these small entities would 
increase.

Reporting and Recordkeeping Requirements

    There are no new reporting and recordkeeping requirements 
associated with this rule.

Relevant Federal Rules That May Duplicate, Overlap or Conflict With the 
Proposed Action

    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this action.

A Description of any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize Any Significant Economic Impact of the Proposed Rule on Small 
Entities

    NMFS prepared, and the Council reviewed, a preliminary draft 
Environmental Assessment (EA) prior to recommending NMFS move forward 
with promulgating this rule.\1\ NMFS is making available a draft EA 
simultaneous with the publication of this proposed rule in the Federal 
Register.\2\ The preliminary and draft EA analyzed three alternatives 
in addition to a no action alternative. Of those analyzed, the 
Council's preferred alternative was the only one that accomplished the 
stated objectives of creating fishing opportunities while limiting 
bycatch of overfished and rebuilding rockfish species, such as bottom-
dwelling yelloweye rockfish, and still allowing for the catch of 
abundant midwater species. In addition, the Council's preferred 
alternative would provide the largest potential positive impact to 
small business entities. In addition to those analyzed, a number of 
other alternatives to the proposed action were considered, but 
ultimately rejected for the purposes of further analysis in the draft 
EA. For example, an alternative that would reduce the number of months 
open for the fishery was considered and rejected. Further, an 
alternative to establish a midwater long-leader recreational groundfish 
fishery in California waters was considered, but then eliminated from 
further analysis after the California Department of Fish and Wildlife 
(CDFW) expressed concerns regarding the monitoring, enforcement, and 
funding challenges associated with establishing a new fishery in 
California waters. Additionally, there has been very little EFP test 
fishing of the midwater long-leader recreational gear in California 
waters. CDFW argued that until robust observer-verified data exist, 
this potential alternative presents too high a risk to include in the 
suite of alternatives under consideration.

[[Page 60172]]

Because of these issues, CDFW withdrew their interest in participating 
in the fishery.
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    \1\ Available at: https://www.pcouncil.org/wp-content/uploads/2016/02/G5_Att1_DraftEA_ORmidwaterSport_MAR2016BB.pdf.
    \2\ Available at: https://www.westcoast.fisheries.noaa.gov/publications/nepa/groundfish/groundfish_nepa_documents.html.
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    An alternative to establish a midwater long-leader recreational 
groundfish fishery in Oregon waters for only the sport charter vessel 
fleet was considered by the Council, as that fleet could carry 
observers on board the vessels to collect data on interactions with 
prohibited and constraining species. It was noted that no current 
program exists for placing observers on private recreational vessels, 
and such a program would require additional analyses and consideration. 
The Council decided not to recommend this alternative for further 
analysis due in part to ODFW policy regarding sector separation and the 
goal of preserving equality in managing sport recreational fisheries 
modes in Oregon.
    The Council considered an alternative allowing retention of all 
groundfish species, including lingcod. However, the Council did not 
recommend further analysis of this alternative given concerns about the 
increased potential for yelloweye rockfish bycatch should anglers 
choose to target more bottom-dwelling species, like lingcod.
    The Council considered recommending additional monitoring and 
reporting requirements for anglers fishing in deep waters with the 
long-leader gear. However, ODFW regards the current sampling rate of 
the ORBS monitoring program (which includes angler-reported discard 
estimates by species and area) to be sufficient for adequately covering 
new activities under the proposed action.
    Finally, the Council considered allowing the fishery to operate 
seaward of 30 fathoms but did not make that part of their recommended 
alternatives for further analysis. This decision was based in part on 
input from law enforcement that a 10 fathom buffer zone (i.e., fishing 
seaward of 40 fathom enforceable depth contour) would be preferred to 
allow for effective and efficient enforcement when using depth-based 
regulations.
    NMFS believes that rule will not have a significant impact on small 
businesses. An estimated 104 small entities are potentially impacted by 
this rule. This rule is not anticipated to have a substantial or 
significant economic impact on small entities, or place small entities 
at a disadvantage to large entities. We are requesting comments on this 
conclusion.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Reporting and recordkeeping requirements.

    Dated: December 14, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be 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.  660.351, add, in alphabetical order, the definition of 
``long-leader gear'' as follows:


Sec.  660.351  Recreational fishery--definitions.

* * * * *
    Long-leader gear (also known as Holloway gear) means fishing gear 
with the following: one fishing line, deployed with a sinker and no 
more than three hooks, with a minimum of 30 feet (9.14 meters) between 
the sinker and the lowest hook, and a non-compressible float attached 
to the line above the hooks. The gear may be equipped with artificial 
lures and flies not to exceed 5 inches in length. Natural bait, and 
lures or flies greater than 5 inches in length, may not be used.
* * * * *
0
3. In Sec.  660.360, paragraphs (c)(2)(i)(B) and (c)(2)(iii)(B) are 
revised to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) Recreational rockfish conservation area (RCA). Fishing for 
groundfish with recreational gear is prohibited within the recreational 
RCA, a type of closed area or groundfish conservation area. It is 
unlawful to take and retain, possess, or land groundfish taken with 
recreational gear within the recreational RCA. A vessel fishing in the 
recreational RCA may not be in possession of any groundfish. [For 
example, if a vessel fishes in the recreational salmon fishery within 
the RCA, the vessel cannot be in possession of groundfish while within 
the RCA. The vessel may, however, on the same trip fish for and retain 
groundfish shoreward of the RCA on the return trip to port.] Off 
Oregon, from April 1 through September 30, recreational fishing for 
groundfish is prohibited seaward of a recreational RCA boundary line 
approximating the 40 fm (73 m) depth contour, except that fishing for 
flatfish (other than Pacific halibut) is allowed seaward of the 40 fm 
(73 m) depth contour when recreational fishing for groundfish is 
permitted, and fishing with long-leader gear (as defined in Sec.  
660.351) is allowed seaward of the 40 fm (73 m) depth contour (i.e., 
within the RCA) from April 1 through September 30. Coordinates for the 
boundary line approximating the 40 fm (73 m) depth contour are listed 
at Sec.  660.71.
* * * * *
    (iii) * * *
    (B) Lingcod. There is a 3 fish limit per day for lingcod from 
January 1 through December 31. The minimum size for lingcod retained in 
the Oregon recreational fishery is 22 in (56 cm) total length. For 
vessels using long-leader gear (as defined in Sec.  660.351) and 
fishing inside the recreational RCA, possession of lingcod is 
prohibited.
* * * * *
[FR Doc. 2017-27282 Filed 12-18-17; 8:45 am]
BILLING CODE 3510-22-P