Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Amendment 27; Correction, 60567-60570 [2017-27450]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
regulations so they are consistent with
published coordinates in Federal
navigation references and current
positioning systems, and correct the
regulations to clarify that harvest and
possession of wild live rock in or from
the Gulf EEZ is prohibited.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
NMFS did not receive any comments
from SBA’s Office of Advocacy or the
public regarding the economic analysis
of Amendment 17B or the certification
in the proposed rule. No changes to this
rule were made in response to public
comments. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
Because this final rule is not expected
to have a significant economic impact
on a substantial number of small
entities, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf,
Permits, Shrimp.
Dated: December 15, 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 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.50, revise paragraph
(b)(3)(ii) and add paragraphs (b)(3)(iii)
and (e) to read as follows:
■
§ 622.50 Permits, permit moratorium, and
endorsements.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(b) * * *
(3) * * *
(ii) Except as provided for in
paragraph (b)(3)(iii) of this section, a
commercial vessel moratorium permit
for Gulf shrimp that is not renewed will
be terminated and will not be reissued
during the moratorium. A permit is
considered to be not renewed when an
application for renewal, as required, is
VerDate Sep<11>2014
17:05 Dec 20, 2017
Jkt 244001
not received by the RA within 1 year of
the expiration date of the permit.
(iii) When NMFS has determined that
the number of commercial vessel
moratorium permits for Gulf shrimp has
reached the threshold number of
permits as described in the FMP, then
a commercial vessel moratorium permit
for Gulf shrimp that is not renewed will
be converted to a Gulf shrimp reserve
pool permit and held by NMFS for
possible reissuance. Gulf shrimp reserve
pool permits will not be issued until
eligibility requirements are developed
and implemented through subsequent
rulemaking.
*
*
*
*
*
(e) Gulf shrimp transit provision. A
vessel that does not have a valid Gulf
shrimp moratorium permit, as described
in paragraphs (a) and (b) of this section,
may possess Gulf shrimp when in
transit in the Gulf EEZ provided that the
shrimp fishing gear is appropriately
stowed. For the purposes of this
paragraph, transit means non-stop
progression through the Gulf EEZ.
Fishing gear appropriately stowed
means trawl doors and nets must be out
of the water and the bag straps must be
removed from the net.
■ 3. Amend § 622.55 by:
■ a. Designating the table in paragraph
(b) as Table 1 to paragraph (b);
■ b. Revising paragraph (c)(1);
■ c. Designating the table after
paragraph (d)(2) as Table 1 to paragraph
(d), the table after paragraph (d)(3) as
Table 2 to paragraph (d), and the table
after paragraph (d)(4) as Table 3 to
paragraph (d); and
■ d. In paragraph (e) designating the
table as Table 1 to paragraph (e).
The revision reads as follows:
60567
4. In § 622.73, add paragraph (c) to
read as follows:
■
§ 622.73
Prohibited species.
*
*
*
*
*
(c) Wild live rock may not be
harvested or possessed in or from the
Gulf EEZ.
[FR Doc. 2017–27449 Filed 12–20–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160808696–799–03]
RIN 0648–BG17
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2017–18 Biennial Specifications and
Management Measures; Amendment
27; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This action corrects the 2017–
18 harvest specifications and
management measures final rule that
published on February 7, 2017. That
rule established 2017–18 harvest
specifications and management
measures for groundfish taken in the
U.S. exclusive economic zone off the
coasts of Washington, Oregon, and
California, consistent with the
§ 622.55 Closed area.
Magnuson-Stevens Fishery
*
*
*
*
*
Conservation and Management Act
(c) * * *
(MSA) and the Pacific Coast Groundfish
(1) The Tortugas shrimp sanctuary is
Fishery Management Plan (PCGFMP),
closed to trawling. The Tortugas shrimp
including harvest specifications
sanctuary is that part of the EEZ off
consistent with default harvest control
Florida shoreward of rhumb lines
rules in the PCGFMP. That action also
connecting, in order, the following
included regulations to implement
points:
Amendment 27 to the PCGFMP, which
added deacon rockfish to the PCGFMP,
TABLE 1 TO PARAGRAPH (C)(1)
reclassified big skate as an actively
managed stock, added a new inseason
Point
North lat.
West long.
management process for commercial
N 1 .....................
25°52′54″
81°37′56″ and recreational groundfish fisheries in
F ........................
24°50′42″
81°51′18″ waters off California, and made several
G 2 .....................
24°40′00″
82°26′39″ clarifications to existing regulations.
H 3 .....................
24°34′44″
82°35′27″ This action fixes errors in 2017–18
P 4 .....................
24°35′00″
82°08′00″ harvest specifications and management
1 Coon Key Light.
measures final rule by correcting the
2 New Ground Shoals Light.
definition of ecosystem component
3 Rebecca Shoals Light.
species to remove big skates, making
4 Marquesas Keys.
three corrections related to the
*
*
*
*
*
recreational groundfish retention
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
SUMMARY:
E:\FR\FM\21DER1.SGM
21DER1
60568
Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
regulations in effect in waters off
California, making a correction to the
groundfish retention regulations in the
limited entry fixed gear and in the open
access fisheries, and correcting the unit
of weight used to set the sablefish
cumulative limit for Tier 2 of the
limited entry fixed gear sablefish
fishery.
Effective December 21, 2017.
ADDRESSES: Information relevant to the
February 7, 2017, final rule (82 FR 9634)
and Amendment 27, which includes an
Environmental Assessment (EA), the
Finding of No Significant Impact
(FONSI), a regulatory impact review
(RIR), final regulatory flexibility
analysis (FRFA), and amended
PCGFMP, are available from Barry A.
Thom, Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point
Way NE, Seattle, WA 98115–0070.
Electronic copies of this final rule are
also available at the NMFS West Coast
Region website: https://
www.westcoast.fisheries.noaa.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, 206–526–4655, fax: 206–
526–6736, or email: keeley.kent@
noaa.gov.
daltland on DSKBBV9HB2PROD with RULES
Background
The February 7, 2017, final rule (82
FR 9634) set groundfish harvest
specifications for 2017–18 (overfishing
limits, acceptable biological catches,
and annual catch limits (ACLs)) and
established management measures
designed to keep catch within the ACLs.
As part of that final rule, consistent with
the Council’s recommendations and
described in the preamble to that rule,
NMFS implemented Amendment 27 to
the PCGFMP. This action makes
corrections to the implementing
regulations for two components of
Amendment 27: (1) Reclassification of
big skate from an ecosystem component
species to ‘‘in the fishery’’ and (2) the
update of several sections of the
PCGFMP to reflect that canary rockfish
and petrale sole were declared rebuilt.
This action makes corrections in certain
provisions of the recreational
groundfish retention regulations in
effect in waters off California and the
groundfish retention regulations in the
limited entry fixed gear and open access
fisheries, as amended in the February 7,
2017, final rule to reflect the rebuilt
status of canary rockfish and petrale
sole. In addition, this action makes two
minor, technical corrections to the
regulations implementing the 2017–18
harvest specifications by correcting the
unit of weight used to set the sablefish
17:05 Dec 20, 2017
Jkt 244001
Need for Correction
Reclassification of Big Skate
The February 7, 2017, final rule made
several changes necessary to reclassify
big skate from an ecosystem component
species to ‘‘in the fishery,’’ however,
one necessary change was mistakenly
omitted. In 50 CFR 660.11, the
definition of ‘‘groundfish’’ includes a
separate listing of the species included
in the ecosystem component. Big skate
was mistakenly not removed from that
ecosystem component definition. Big
skate was correctly listed in the
definition under the skates category
within the definition of ‘‘groundfish,’’ at
50 CFR 660.11, Groundfish (2) Skates.
This rule will remove big skate from the
ecosystem component category under
the definition of ‘‘groundfish,’’ at 50
CFR 660.11, Groundfish (10) Ecosystem
component species.
California Recreational Fishery
Management Measures
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
cumulative limit for Tier 2 of the
limited entry fixed gear sablefish
fishery, and by correcting a
typographical error in the season dates
for the Mendocino Management Area
recreational fisheries.
NMFS is making three corrections to
groundfish recreational fishery
regulations in effect off of California. As
noted above, one of the components of
Amendment 27 was to amend the
PCGFMP to reflect that canary rockfish
and petrale sole were declared rebuilt.
As a result of the rebuilt status of the
canary rockfish and petrale sole
fisheries, the State of California relaxed
some of its restrictions on retention in
the recreational fisheries. As noted in
the proposed rule and the February 7,
2017, final rule, NMFS intended the
federal regulations to be consistent with
the changes in the California state
restrictions. However, while the
February 7, 2017, final rule correctly
updated the federal regulations to
remove the prohibition on retention of
canary rockfish for the Washington state
recreational fisheries, the final rule
mistakenly did not remove the
prohibition on retention of canary
rockfish for recreational fisheries off of
California and the Cowcod Conservation
Area (50 CFR 660.360(c)(3)(i)(B)). This
inadvertent omission is inconsistent
with the Council’s intent in making its
recommendation for the 2017–18
harvest specifications and management
measures. Therefore, this correcting
action will update § 660.360(c)(3)(i)(B)
to reflect the rebuilt status of canary
rockfish.
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
Additionally, in the preamble to the
proposed rule (81 FR 75266, 75282; Oct.
28, 2016), NMFS noted that the rule
would remove petrale sole and starry
flounder from the California recreational
season and depth restrictions, which are
management measures to reduce
regulatory discards. This change allows
anglers to retain petrale sole and starry
flounder year round without depth
constraint. The February 7, 2017, final
rule correctly revised § 660.360(c)(3) to
note the exception for petrale sole and
starry flounder. However, paragraphs
(c)(3)(i)(B), (c)(3)(i)(C), and (c)(3)(iv) of
§ 660.360 were not similarly revised.
Consistent with the revisions already
made to paragraph (c)(3), this correcting
action revises paragraphs, (c)(3)(i)(B),
(c)(3)(i)(C), and (c)(3)(iv) of § 660.360 to
exempt petrale sole and starry flounder
from the season and depth restrictions
for recreational fisheries off of
California.
Finally, NMFS is correcting the
season dates for the Mendocino
Management Area under
§ 660.360(c)(3)(ii)(A)(2). The final rule
incorrectly stated that the season is
open ‘‘May 1 through October December
31,’’ but correctly stated that the season
is closed January 1 through April 30.
This rule will correct the mistake by
deleting the extra word ‘‘October’’ so
that the correct open season is reflected
in the language, ‘‘May 1 through
December 31.’’
Fixed Gear Limited Entry and Open
Access Fishery Management Measures
As a result of canary rockfish being
rebuilt, NMFS relaxed some of the
restrictions on retention in the limited
entry fixed gear and open access
fisheries. However, the February 7,
2017, final rule, as it pertained to the
groundfish limited entry fixed gear
fishery ((50 CFR 660.230(a)) and to the
open access fishery (50 CFR 660.330(a)),
mistakenly did not update the federal
regulations to remove the prohibition on
retention of canary rockfish, even
though NMFS set trip limits for canary
rockfish in the limited entry fixed gear
fishery in Table 2 to Part 660, Subpart
E, and in the open access fishery in
Table 3 to Part 660, Subpart F. This was
inconsistent with the Council’s intent in
its recommendation of the 2017–18
harvest specifications and management
measures. This rule will update both
§ 660.230(a) and § 660.330(a) to reflect
the rebuilt status of canary rockfish.
Limited Entry Fixed Gear Sablefish
Cumulative Limit
The February 7, 2017, final rule
included the cumulative limits for each
of the three tiers of the limited entry
E:\FR\FM\21DER1.SGM
21DER1
Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
fixed gear sablefish primary fishery for
both 2017 and 2018. Inadvertently, the
cumulative limit for Tier 2 in 2017 was
expressed in metric tons instead of in
pounds. The final rule read ‘‘20,509 mt’’
(9,303 kg) instead of ‘‘20,509 lbs’’,
which is the true equivalent of 9,303 kg.
This rule corrects this error by stating
that the Tier 2 cumulative limit for 2017
is ‘‘20,509 lbs (9,303 kg)’’ in 50 CFR
660.231(b)(3)(i).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
daltland on DSKBBV9HB2PROD with RULES
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 § 660.11, revise paragraph (10) of
the definition for ‘‘Groundfish’’ to read
as follows:
■
General definitions.
*
The Assistant Administrator (AA) for
Fisheries, NOAA, finds that pursuant to
5 U.S.C. 553(b)(B), there is good cause
to waive prior notice and an
opportunity for public comment on this
action, as notice and comment are
unnecessary and would be contrary to
the public interest. This correcting
action is consistent with harvest
specification and management measures
recommended by the Council and
described in the preambles to the
proposed rule (81 FR 75266; Oct. 28,
2016) and final rule (81 FR 9634; Feb.
7, 2017) implementing Amendment 27
to the PCGFMP. Because the corrections
included in this rule are consistent with
actions on which NMFS has already
requested and considered public
comments, further notice and
opportunity for public comment on this
action is unnecessary. It would be
contrary to the public interest to delay
implementation of the minor corrections
in this rule, because this correcting
action will reduce confusion caused by
unintentional technical errors, some of
which also appear to create
inconsistency between state and federal
regulations. For the reasons above, the
AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness and makes this rule
effective immediately upon publication.
This rule is exempt from the procedures
of the Regulatory Flexibility Act (RFA)
because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
Therefore, RFA analysis is not required
and none has been prepared.
Dated: December 15, 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 corrected
by making the following correcting
amendments:
17:05 Dec 20, 2017
1. The authority citation for 50 CFR
part 660 continues to read as follows:
■
§ 660.11
Classification
VerDate Sep<11>2014
PART 660—FISHERIES OFF WEST
COAST STATES
Jkt 244001
*
*
*
*
Groundfish * * *
*
*
*
*
*
(10) ‘‘Ecosystem component species’’
means species that are included in the
PCGFMP but are not ‘‘in the fishery’’
and therefore not actively managed and
do not require harvest specifications.
Ecosystem component species are not
targeted in any fishery, not generally
retained for sale or personal use, and are
not determined to be subject to
overfishing, approaching an overfished
condition, or overfished, nor are they
likely to become subject to overfishing
or overfished in the absence of
conservation and management
measures. Ecosystem component
species include: All skates listed here in
paragraph (2), except longnose skate and
big skate; all grenadiers listed here in
paragraph (5); soupfin shark; ratfish;
and finescale codling.
*
*
*
*
*
■ 3. In § 660.230, revise paragraph (a) to
read as follows:
§ 660.230 Fixed gear fishery—
management measures.
(a) General. Most species taken in
limited entry fixed gear (longline and
pot/trap) fisheries will be managed with
cumulative trip limits (see trip limits in
Tables 2 (North) and 2 (South) of this
subpart), size limits (see § 660.60(h)(5)),
seasons (see trip limits in Tables 2
(North) and 2 (South) of this subpart
and sablefish primary season details in
§ 660.231), gear restrictions (see
paragraph (b) of this section), and closed
areas (see paragraph (d) of this section
and §§ 660.70 through 660.79). Cowcod
retention is prohibited in all fisheries,
and groundfish vessels operating south
of Point Conception must adhere to CCA
restrictions (see paragraph (d)(10) of this
section and § 660.70). Yelloweye
rockfish retention is prohibited in the
limited entry fixed gear fisheries.
Regulations governing and tier limits for
the limited entry, fixed gear sablefish
primary season north of 36° N lat. are
found in § 660.231. Vessels not
participating in the sablefish primary
season are subject to daily or weekly
sablefish limits in addition to
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
60569
cumulative limits for each cumulative
limit period. Only one sablefish landing
per week may be made in excess of the
daily trip limit and, if the vessel chooses
to make a landing in excess of that daily
trip limit, then that is the only sablefish
landing permitted for that week. The
trip limit for black rockfish caught with
hook-and-line gear also applies, see
§ 660.230(e). The trip limits in Table 2
(North) and Table 2 (South) of this
subpart apply to vessels participating in
the limited entry groundfish fixed gear
fishery and may not be exceeded.
Federal commercial groundfish
regulations are not intended to
supersede any more restrictive state
commercial groundfish regulations
relating to federally-managed
groundfish.
*
*
*
*
*
4. In § 660.231, revise paragraph
(b)(3)(i) to read as follows:
■
§ 660.231 Limited entry fixed gear
sablefish primary fishery.
*
*
*
*
*
(b) * * *
(3) * * *
(i) A vessel participating in the
primary season will be constrained by
the sablefish cumulative limit
associated with each of the permits
registered for use with that vessel.
During the primary season, each vessel
authorized to fish in that season under
paragraph (a) of this section may take,
retain, possess, and land sablefish, up to
the cumulative limits for each of the
permits registered for use with that
vessel (i.e., stacked permits). If multiple
limited entry permits with sablefish
endorsements are registered for use with
a single vessel, that vessel may land up
to the total of all cumulative limits
announced in this paragraph for the
tiers for those permits, except as limited
by paragraph (b)(3)(ii) of this section.
Up to 3 permits may be registered for
use with a single vessel during the
primary season; thus, a single vessel
may not take and retain, possess or land
more than 3 primary season sablefish
cumulative limits in any one year. A
vessel registered for use with multiple
limited entry permits is subject to per
vessel limits for species other than
sablefish, and to per vessel limits when
participating in the daily trip limit
fishery for sablefish under § 660.232. In
2017, the following annual limits are in
effect: Tier 1 at 45,120 lb (20,466 kg),
Tier 2 at 20,509 lb (9,303 kg), and Tier
3 at 11,720 lb (5,316 kg). In 2018 and
beyond, the following annual limits are
in effect: Tier 1 at 47,050 lb (21,342 kg),
E:\FR\FM\21DER1.SGM
21DER1
60570
Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
Tier 2 21,386 lb (9,701 kg), and Tier 3
12,221 lb (5,543 kg).
*
*
*
*
*
■ 5. In § 660.330, revise paragraph (a) to
read as follows:
§ 660.330 Open access fishery—
management measures.
daltland on DSKBBV9HB2PROD with RULES
(a) General. Groundfish species taken
in open access fisheries will be managed
with cumulative trip limits (see trip
limits in Tables 3 (North) and 3 (South)
of this subpart), size limits (see
§ 660.60(h)(5)), seasons (see seasons in
Tables 3 (North) and 3 (South) of this
subpart), gear restrictions (see paragraph
(b) of this section), and closed areas (see
paragraph (d) of this section and
§§ 660.70 through 660.79). Unless
otherwise specified, a vessel operating
in the open access fishery is subject to,
and must not exceed any trip limit,
frequency limit, and/or size limit for the
open access fishery. Cowcod retention is
prohibited in all fisheries and
groundfish vessels operating south of
Point Conception must adhere to CCA
restrictions (see paragraph (d)(11) of this
section and § 660.70). Retention of
yelloweye rockfish is prohibited in all
open access fisheries. For information
on the open access daily/weekly trip
limit fishery for sablefish, see § 660.332
of this subpart and the trip limits in
Tables 3 (North) and 3 (South) of this
subpart. Open access vessels are subject
to daily or weekly sablefish limits in
addition to cumulative limits for each
cumulative limit period. Only one
sablefish landing per week may be made
in excess of the daily trip limit and, if
the vessel chooses to make a landing in
excess of that daily trip limit, then that
is the only sablefish landing permitted
for that week. The trip limit for black
rockfish caught with hook-and-line gear
also applies, see paragraph (e) of this
section. Open access vessels that fish
with non-groundfish trawl gear or in the
salmon troll fishery north of 40°10′ N
lat. are subject the cumulative limits
and closed areas (except the pink
shrimp fishery which is not subject to
RCA restrictions) listed in Tables 3
VerDate Sep<11>2014
17:05 Dec 20, 2017
Jkt 244001
(North) and 3 (South) of this subpart.
Federal commercial groundfish
regulations are not intended to
supersede any more restrictive state
commercial groundfish regulations
relating to federally managed
groundfish.
■ 6. In § 660.360, revise paragraphs
(c)(3)(i)(B) and (C), (c)(3)(ii)(A)(2), and
(c)(3)(iv) to read as follows:
§ 660.360 Recreational fishery—
management measures.
(c) * * *
(3) * * *
(i) * * *
(B) Cowcod conservation areas. The
latitude and longitude coordinates of
the Cowcod Conservation Areas (CCAs)
boundaries are specified at § 660.70. In
general, recreational fishing for all
groundfish is prohibited within the
CCAs, except that fishing for petrale
sole, starry flounder, and ‘‘other
flatfish’’ is permitted within the CCAs
as specified in paragraph (c)(3)(iv) of
this section. However, recreational
fishing for the following species is
permitted shoreward of the 20 fm (37 m)
depth contour when the season for those
species is open south of 34°27′ N lat.:
Minor nearshore rockfish, cabezon, kelp
greenling, lingcod, California
scorpionfish, shelf rockfish, petrale sole,
starry flounder, and ‘‘other flatfish’’
(subject to gear requirements at
paragraph (c)(3)(iv) of this section
during January–February). Retention of
yelloweye rockfish, bronzespotted
rockfish and cowcod is prohibited
within the CCA. [Note: California state
regulations also permit recreational
fishing for California sheephead, ocean
whitefish, and all greenlings of the
genus Hexagrammos shoreward of the
20 fm (37 m) depth contour in the CCAs
when the season for the RCG complex
is open south of 34°27′ N lat.] It is
unlawful to take and retain, possess, or
land groundfish within the CCAs,
except for species authorized in this
section.
(C) Cordell Banks. Recreational
fishing for groundfish is prohibited in
PO 00000
Frm 00066
Fmt 4700
Sfmt 9990
waters less than 100 fm (183 m) around
Cordell Banks as defined by specific
latitude and longitude coordinates at
§ 660.70, subpart C, except that
recreational fishing for petrale sole,
starry flounder, and ‘‘other flatfish’’ is
permitted around Cordell Banks as
specified in paragraph (c)(3)(iv) of this
section. [Note: California state
regulations also prohibit fishing for all
greenlings of the genus Hexagrammos,
California sheephead and ocean
whitefish.]
*
*
*
*
*
(ii) * * *
(A) * * *
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for the RCG Complex is open from May
1 through December 31 (i.e., it’s closed
from January 1 through April 30).
*
*
*
*
*
(iv) ‘‘Other flatfish,’’ petrale sole, and
starry flounder. Coastwide off
California, recreational fishing for
‘‘other flatfish,’’ petrale sole, and starry
flounder, is permitted both shoreward of
and within the closed areas described in
paragraph (c)(3)(i) of this section.
‘‘Other flatfish’’ are defined at § 660.11,
subpart C, and include butter sole,
curlfin sole, flathead sole, Pacific
sanddab, rex sole, rock sole, and sand
sole. Recreational fishing for ‘‘other
flatfish,’’ petrale sole, and starry
flounder, is permitted within the closed
areas. ‘‘Other flatfish,’’ except for Pacific
sanddab, petrale sole, and starry
flounder, are subject to the overall 20fish bag limit for all species of finfish,
of which there may be no more than 10
fish of any one species. There is no
season restriction or size limit for ‘‘other
flatfish,’’ petrale sole, and starry
flounder however, it is prohibited to
filet ‘‘other flatfish,’’ petrale sole, and
starry flounder, at sea.
*
*
*
*
*
[FR Doc. 2017–27450 Filed 12–20–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60567-60570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27450]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-799-03]
RIN 0648-BG17
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and
Management Measures; Amendment 27; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects the 2017-18 harvest specifications and
management measures final rule that published on February 7, 2017. That
rule established 2017-18 harvest specifications and management measures
for groundfish taken in the U.S. exclusive economic zone off the coasts
of Washington, Oregon, and California, consistent with the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) and the Pacific
Coast Groundfish Fishery Management Plan (PCGFMP), including harvest
specifications consistent with default harvest control rules in the
PCGFMP. That action also included regulations to implement Amendment 27
to the PCGFMP, which added deacon rockfish to the PCGFMP, reclassified
big skate as an actively managed stock, added a new inseason management
process for commercial and recreational groundfish fisheries in waters
off California, and made several clarifications to existing
regulations. This action fixes errors in 2017-18 harvest specifications
and management measures final rule by correcting the definition of
ecosystem component species to remove big skates, making three
corrections related to the recreational groundfish retention
[[Page 60568]]
regulations in effect in waters off California, making a correction to
the groundfish retention regulations in the limited entry fixed gear
and in the open access fisheries, and correcting the unit of weight
used to set the sablefish cumulative limit for Tier 2 of the limited
entry fixed gear sablefish fishery.
DATES: Effective December 21, 2017.
ADDRESSES: Information relevant to the February 7, 2017, final rule (82
FR 9634) and Amendment 27, which includes an Environmental Assessment
(EA), the Finding of No Significant Impact (FONSI), a regulatory impact
review (RIR), final regulatory flexibility analysis (FRFA), and amended
PCGFMP, are available from Barry A. Thom, Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070.
Electronic copies of this final rule are also available at the NMFS
West Coast Region website: https://www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, 206-526-4655, fax: 206-
526-6736, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The February 7, 2017, final rule (82 FR 9634) set groundfish
harvest specifications for 2017-18 (overfishing limits, acceptable
biological catches, and annual catch limits (ACLs)) and established
management measures designed to keep catch within the ACLs. As part of
that final rule, consistent with the Council's recommendations and
described in the preamble to that rule, NMFS implemented Amendment 27
to the PCGFMP. This action makes corrections to the implementing
regulations for two components of Amendment 27: (1) Reclassification of
big skate from an ecosystem component species to ``in the fishery'' and
(2) the update of several sections of the PCGFMP to reflect that canary
rockfish and petrale sole were declared rebuilt. This action makes
corrections in certain provisions of the recreational groundfish
retention regulations in effect in waters off California and the
groundfish retention regulations in the limited entry fixed gear and
open access fisheries, as amended in the February 7, 2017, final rule
to reflect the rebuilt status of canary rockfish and petrale sole. In
addition, this action makes two minor, technical corrections to the
regulations implementing the 2017-18 harvest specifications by
correcting the unit of weight used to set the sablefish cumulative
limit for Tier 2 of the limited entry fixed gear sablefish fishery, and
by correcting a typographical error in the season dates for the
Mendocino Management Area recreational fisheries.
Need for Correction
Reclassification of Big Skate
The February 7, 2017, final rule made several changes necessary to
reclassify big skate from an ecosystem component species to ``in the
fishery,'' however, one necessary change was mistakenly omitted. In 50
CFR 660.11, the definition of ``groundfish'' includes a separate
listing of the species included in the ecosystem component. Big skate
was mistakenly not removed from that ecosystem component definition.
Big skate was correctly listed in the definition under the skates
category within the definition of ``groundfish,'' at 50 CFR 660.11,
Groundfish (2) Skates. This rule will remove big skate from the
ecosystem component category under the definition of ``groundfish,'' at
50 CFR 660.11, Groundfish (10) Ecosystem component species.
California Recreational Fishery Management Measures
NMFS is making three corrections to groundfish recreational fishery
regulations in effect off of California. As noted above, one of the
components of Amendment 27 was to amend the PCGFMP to reflect that
canary rockfish and petrale sole were declared rebuilt. As a result of
the rebuilt status of the canary rockfish and petrale sole fisheries,
the State of California relaxed some of its restrictions on retention
in the recreational fisheries. As noted in the proposed rule and the
February 7, 2017, final rule, NMFS intended the federal regulations to
be consistent with the changes in the California state restrictions.
However, while the February 7, 2017, final rule correctly updated the
federal regulations to remove the prohibition on retention of canary
rockfish for the Washington state recreational fisheries, the final
rule mistakenly did not remove the prohibition on retention of canary
rockfish for recreational fisheries off of California and the Cowcod
Conservation Area (50 CFR 660.360(c)(3)(i)(B)). This inadvertent
omission is inconsistent with the Council's intent in making its
recommendation for the 2017-18 harvest specifications and management
measures. Therefore, this correcting action will update Sec.
660.360(c)(3)(i)(B) to reflect the rebuilt status of canary rockfish.
Additionally, in the preamble to the proposed rule (81 FR 75266,
75282; Oct. 28, 2016), NMFS noted that the rule would remove petrale
sole and starry flounder from the California recreational season and
depth restrictions, which are management measures to reduce regulatory
discards. This change allows anglers to retain petrale sole and starry
flounder year round without depth constraint. The February 7, 2017,
final rule correctly revised Sec. 660.360(c)(3) to note the exception
for petrale sole and starry flounder. However, paragraphs (c)(3)(i)(B),
(c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 were not similarly
revised. Consistent with the revisions already made to paragraph
(c)(3), this correcting action revises paragraphs, (c)(3)(i)(B),
(c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 to exempt petrale sole
and starry flounder from the season and depth restrictions for
recreational fisheries off of California.
Finally, NMFS is correcting the season dates for the Mendocino
Management Area under Sec. 660.360(c)(3)(ii)(A)(2). The final rule
incorrectly stated that the season is open ``May 1 through October
December 31,'' but correctly stated that the season is closed January 1
through April 30. This rule will correct the mistake by deleting the
extra word ``October'' so that the correct open season is reflected in
the language, ``May 1 through December 31.''
Fixed Gear Limited Entry and Open Access Fishery Management Measures
As a result of canary rockfish being rebuilt, NMFS relaxed some of
the restrictions on retention in the limited entry fixed gear and open
access fisheries. However, the February 7, 2017, final rule, as it
pertained to the groundfish limited entry fixed gear fishery ((50 CFR
660.230(a)) and to the open access fishery (50 CFR 660.330(a)),
mistakenly did not update the federal regulations to remove the
prohibition on retention of canary rockfish, even though NMFS set trip
limits for canary rockfish in the limited entry fixed gear fishery in
Table 2 to Part 660, Subpart E, and in the open access fishery in Table
3 to Part 660, Subpart F. This was inconsistent with the Council's
intent in its recommendation of the 2017-18 harvest specifications and
management measures. This rule will update both Sec. 660.230(a) and
Sec. 660.330(a) to reflect the rebuilt status of canary rockfish.
Limited Entry Fixed Gear Sablefish Cumulative Limit
The February 7, 2017, final rule included the cumulative limits for
each of the three tiers of the limited entry
[[Page 60569]]
fixed gear sablefish primary fishery for both 2017 and 2018.
Inadvertently, the cumulative limit for Tier 2 in 2017 was expressed in
metric tons instead of in pounds. The final rule read ``20,509 mt''
(9,303 kg) instead of ``20,509 lbs'', which is the true equivalent of
9,303 kg. This rule corrects this error by stating that the Tier 2
cumulative limit for 2017 is ``20,509 lbs (9,303 kg)'' in 50 CFR
660.231(b)(3)(i).
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds that
pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and would be contrary to the public
interest. This correcting action is consistent with harvest
specification and management measures recommended by the Council and
described in the preambles to the proposed rule (81 FR 75266; Oct. 28,
2016) and final rule (81 FR 9634; Feb. 7, 2017) implementing Amendment
27 to the PCGFMP. Because the corrections included in this rule are
consistent with actions on which NMFS has already requested and
considered public comments, further notice and opportunity for public
comment on this action is unnecessary. It would be contrary to the
public interest to delay implementation of the minor corrections in
this rule, because this correcting action will reduce confusion caused
by unintentional technical errors, some of which also appear to create
inconsistency between state and federal regulations. For the reasons
above, the AA also finds good cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness and makes this rule effective
immediately upon publication. This rule is exempt from the procedures
of the Regulatory Flexibility Act (RFA) because the rule is issued
without opportunity for prior notice and opportunity for public
comment. Therefore, RFA analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 15, 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
corrected by making the following correcting amendments:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for 50 CFR 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. 660.11, revise paragraph (10) of the definition for
``Groundfish'' to read as follows:
Sec. 660.11 General definitions.
* * * * *
Groundfish * * *
* * * * *
(10) ``Ecosystem component species'' means species that are
included in the PCGFMP but are not ``in the fishery'' and therefore not
actively managed and do not require harvest specifications. Ecosystem
component species are not targeted in any fishery, not generally
retained for sale or personal use, and are not determined to be subject
to overfishing, approaching an overfished condition, or overfished, nor
are they likely to become subject to overfishing or overfished in the
absence of conservation and management measures. Ecosystem component
species include: All skates listed here in paragraph (2), except
longnose skate and big skate; all grenadiers listed here in paragraph
(5); soupfin shark; ratfish; and finescale codling.
* * * * *
0
3. In Sec. 660.230, revise paragraph (a) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in Tables 2 (North) and 2 (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in Tables 2 (North) and 2 (South) of this subpart and sablefish
primary season details in Sec. 660.231), gear restrictions (see
paragraph (b) of this section), and closed areas (see paragraph (d) of
this section and Sec. Sec. 660.70 through 660.79). Cowcod retention is
prohibited in all fisheries, and groundfish vessels operating south of
Point Conception must adhere to CCA restrictions (see paragraph (d)(10)
of this section and Sec. 660.70). Yelloweye rockfish retention is
prohibited in the limited entry fixed gear fisheries. Regulations
governing and tier limits for the limited entry, fixed gear sablefish
primary season north of 36[deg] N lat. are found in Sec. 660.231.
Vessels not participating in the sablefish primary season are subject
to daily or weekly sablefish limits in addition to cumulative limits
for each cumulative limit period. Only one sablefish landing per week
may be made in excess of the daily trip limit and, if the vessel
chooses to make a landing in excess of that daily trip limit, then that
is the only sablefish landing permitted for that week. The trip limit
for black rockfish caught with hook-and-line gear also applies, see
Sec. 660.230(e). The trip limits in Table 2 (North) and Table 2
(South) of this subpart apply to vessels participating in the limited
entry groundfish fixed gear fishery and may not be exceeded. Federal
commercial groundfish regulations are not intended to supersede any
more restrictive state commercial groundfish regulations relating to
federally-managed groundfish.
* * * * *
0
4. In Sec. 660.231, revise paragraph (b)(3)(i) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to 3
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than 3 primary season sablefish cumulative limits in any
one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2017, the
following annual limits are in effect: Tier 1 at 45,120 lb (20,466 kg),
Tier 2 at 20,509 lb (9,303 kg), and Tier 3 at 11,720 lb (5,316 kg). In
2018 and beyond, the following annual limits are in effect: Tier 1 at
47,050 lb (21,342 kg),
[[Page 60570]]
Tier 2 21,386 lb (9,701 kg), and Tier 3 12,221 lb (5,543 kg).
* * * * *
0
5. In Sec. 660.330, revise paragraph (a) to read as follows:
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in Tables 3
(North) and 3 (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel
operating in the open access fishery is subject to, and must not exceed
any trip limit, frequency limit, and/or size limit for the open access
fishery. Cowcod retention is prohibited in all fisheries and groundfish
vessels operating south of Point Conception must adhere to CCA
restrictions (see paragraph (d)(11) of this section and Sec. 660.70).
Retention of yelloweye rockfish is prohibited in all open access
fisheries. For information on the open access daily/weekly trip limit
fishery for sablefish, see Sec. 660.332 of this subpart and the trip
limits in Tables 3 (North) and 3 (South) of this subpart. Open access
vessels are subject to daily or weekly sablefish limits in addition to
cumulative limits for each cumulative limit period. Only one sablefish
landing per week may be made in excess of the daily trip limit and, if
the vessel chooses to make a landing in excess of that daily trip
limit, then that is the only sablefish landing permitted for that week.
The trip limit for black rockfish caught with hook-and-line gear also
applies, see paragraph (e) of this section. Open access vessels that
fish with non-groundfish trawl gear or in the salmon troll fishery
north of 40[deg]10' N lat. are subject the cumulative limits and closed
areas (except the pink shrimp fishery which is not subject to RCA
restrictions) listed in Tables 3 (North) and 3 (South) of this subpart.
Federal commercial groundfish regulations are not intended to supersede
any more restrictive state commercial groundfish regulations relating
to federally managed groundfish.
0
6. In Sec. 660.360, revise paragraphs (c)(3)(i)(B) and (C),
(c)(3)(ii)(A)(2), and (c)(3)(iv) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
(c) * * *
(3) * * *
(i) * * *
(B) Cowcod conservation areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.70. In general, recreational fishing for all
groundfish is prohibited within the CCAs, except that fishing for
petrale sole, starry flounder, and ``other flatfish'' is permitted
within the CCAs as specified in paragraph (c)(3)(iv) of this section.
However, recreational fishing for the following species is permitted
shoreward of the 20 fm (37 m) depth contour when the season for those
species is open south of 34[deg]27' N lat.: Minor nearshore rockfish,
cabezon, kelp greenling, lingcod, California scorpionfish, shelf
rockfish, petrale sole, starry flounder, and ``other flatfish''
(subject to gear requirements at paragraph (c)(3)(iv) of this section
during January-February). Retention of yelloweye rockfish,
bronzespotted rockfish and cowcod is prohibited within the CCA. [Note:
California state regulations also permit recreational fishing for
California sheephead, ocean whitefish, and all greenlings of the genus
Hexagrammos shoreward of the 20 fm (37 m) depth contour in the CCAs
when the season for the RCG complex is open south of 34[deg]27' N lat.]
It is unlawful to take and retain, possess, or land groundfish within
the CCAs, except for species authorized in this section.
(C) Cordell Banks. Recreational fishing for groundfish is
prohibited in waters less than 100 fm (183 m) around Cordell Banks as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C, except that recreational fishing for petrale sole, starry
flounder, and ``other flatfish'' is permitted around Cordell Banks as
specified in paragraph (c)(3)(iv) of this section. [Note: California
state regulations also prohibit fishing for all greenlings of the genus
Hexagrammos, California sheephead and ocean whitefish.]
* * * * *
(ii) * * *
(A) * * *
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex is open from
May 1 through December 31 (i.e., it's closed from January 1 through
April 30).
* * * * *
(iv) ``Other flatfish,'' petrale sole, and starry flounder.
Coastwide off California, recreational fishing for ``other flatfish,''
petrale sole, and starry flounder, is permitted both shoreward of and
within the closed areas described in paragraph (c)(3)(i) of this
section. ``Other flatfish'' are defined at Sec. 660.11, subpart C, and
include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex
sole, rock sole, and sand sole. Recreational fishing for ``other
flatfish,'' petrale sole, and starry flounder, is permitted within the
closed areas. ``Other flatfish,'' except for Pacific sanddab, petrale
sole, and starry flounder, are subject to the overall 20-fish bag limit
for all species of finfish, of which there may be no more than 10 fish
of any one species. There is no season restriction or size limit for
``other flatfish,'' petrale sole, and starry flounder however, it is
prohibited to filet ``other flatfish,'' petrale sole, and starry
flounder, at sea.
* * * * *
[FR Doc. 2017-27450 Filed 12-20-17; 8:45 am]
BILLING CODE 3510-22-P
