Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Inseason Adjustments, 4850-4862 [2018-02121]

Download as PDF 4850 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 601, et seq., do not apply to this rule. Therefore, no new regulatory flexibility analysis is required and none has been prepared. This action does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: January 30, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–02148 Filed 2–1–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696–7010–02] RIN 0648–BH47 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017–18 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 February 2, 2018. FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206–526– 4491, fax: 206–526–6736, or email: karen.palmigiano@noaa.gov. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with RULES SUMMARY: Electronic Access This 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 Pacific Fishery VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 Management Council’s website 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– 18 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 the following changes to current groundfish management measures at its November 13–20, 2017, meeting: (1) Increasing the big skate trip limits for the shorebased individual fishing quota (IFQ) program, (2) decreasing the sablefish trip limits for limited entry fixed gear (LEFG) and open access (OA) daily trip limit (DTL) fisheries north of 36° North Latitude (N lat.), and (3) increasing the lingcod trip limits for the LEFG and OA fisheries north of 40°10′ N lat. Big Skate Trip Limits for the Shorebased IFQ Program At the November 2017 Council meeting, the Council’s Groundfish Advisory Subpanel (GAP) recommended higher trip limits for big skate for the shorebased IFQ program in 2018. For 2017–18, the annual catch limit (ACL) was set at 494 metric tons (mt), the fishery harvest guideline (HG) was 437 mt, and the trawl allocation was 414.8 mt, which includes big skate caught by the at-sea fleet. Bi-monthly trip limits for 2017–18 were set at 5,000 pounds (lbs) (January–February), 25,000 lbs (March–April), 30,000 lbs (May– June), 35,000 lbs (July–August), 10,000 lbs (September–October), and 5,000 lbs (November–December). In November 2017, based on the partial catch data for 2017, the Groundfish Management Team (GMT) estimated that attainment of big skate in the IFQ fishery would be 88 percent for 2018, approximately 365 mt. Given that the projected attainment of big skate was approaching full attainment with status quo trip limits, the GMT modeled modest increases in trip limits for 2018 using the 2016 Groundfish Mortality Report data and 2017 catch data. The PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 GMT’s use of the additional 2017 catch data changed the projected 2018 annual targets relative to the original annual targets that were used to set the 2017– 18 big skate trip limits. The two trip limit alternatives modeled by the GMT would result in higher estimated attainments (94 and 98 percent) of big skate than the estimated 88 percent attainment under the status quo trip limits. In order to maximize opportunity for vessels and increase attainment, the Council recommended and NMFS is implementing, by modifying Tables 1 (North and South) to part 660, subpart D, the following trip limits for big skate in the IFQ program: Period 1, 5,000 lbs, Period 2, 30,000 lbs, Period 3, 35,000 lbs, Period 4, 40,000 lbs, Period 5, 15,000 lbs, and Period 6, 5,000 lbs. These increased trip limits are expected to increase projected attainment of the big skate IFQ allocation to 98 percent in 2018. LEFG and OA Sablefish DTL Fisheries North of 36° N Lat. Sablefish are distributed coastwide with harvest specifications split north and south of 36° N lat. Trip limits in the LEFG and OA DTL fisheries, for species such as sablefish, are intended to keep attainment of the non-trawl HG within the ACL. The trip limits for sablefish for 2017–18 were established through the final rule for the 2017–18 harvest specifications (82 FR 9634) based on catch data through 2015. Inseason catch data from 2017 suggested possible under-attainment of the sablefish non-trawl HG. During the September 2017 Council meeting, the GMT made model-based landings projections for the LEFG and OA sablefish DTL fisheries north of 36° N lat. for the remainder of 2017 to assist the Council in evaluating potential increases to sablefish trip limits. These projections used the most recent information available, including inseason catch data from 2017, and showed under-attainment of the 2017 sablefish non-trawl HG. Based on these projections, the LEFG and OA sablefish trip limits were raised through an inseason action on October 19, 2017 (82 FR 48656). The 2017 trip limits established through the September inseason action for LEFG and OA sablefish remain in place for 2018 until changed. At the November 2017 Council meeting, the GMT updated the projections for the attainment of the sablefish HG for 2018 with data through October 31, 2017. These projections showed possible attainment of the sablefish allocation between 95.2 and 125.2 percent for the LEFG fishery, and E:\FR\FM\02FER1.SGM 02FER1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 78.8 and 98.5 percent for the OA fishery. If the current trip limits remain in place there is a projected potential to exceed the sablefish HG, with attainment greater than one hundred percent in the LEFG fishery north of 36° N and close to one hundred percent in the OA north fishery. To ensure harvest remains below the sablefish ACL, the Council elected to follow a precautionary approach at the outset of 2018, by recommending decreases to sablefish trip limits in LEFG and OA sablefish DTL fisheries north of 36° N lat. for all periods in 2018. This approach of decreasing trip limits initially minimizes the likelihood of dramatic decreases in trip limits or closures for these fisheries later in the season, if the attainment occurs at a rate that is likely to exceed the sector’s HG. With a precautionary approach in earlier periods in the year, trip limits may be increased throughout the year if attainment is projected to remain under the ACL. Trip limits for the LEFG sablefish DTL fisheries north of 36° N lat. are designated at Tables 2 (North and South) to part 660, subpart E. Trip limits for the OA sablefish DTL fishery north of 36° N are designated at Tables 3 (North and South) to part 660, subpart F. The Council initially recommended a change to sablefish trip limits for all periods for the LEFG fishery. However, because NMFS cannot decrease trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit for these periods (2–6) would be: 1,100 lbs per week, not to exceed 3,300 lbs/2 months. Trip limits for LEFG sablefish DTL fisheries north of 36° N lat. for period 1 will remain as status quo. The Council also recommended a change to sablefish trip limits for all periods for the OA fishery. However, because NMFS cannot decrease trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit for these periods (2–6) would be: 300 lbs/day, or 1 landing per week up to 1,000 lbs, not to exceed 2,000 lbs/2 months. Trip limits for OA sablefish DTL fisheries north of 36° N lat. for period 1 will remain as status quo. Under these revised, lower limits, the GMT projects attainment in the LEFG between 75.1 and 102 percent, down VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 from the status quo trip limit attainment between 95.2 and 125.2 percent. OA is predicted to be within 74.2 to 92.7 percent under revised trip limits, down from 78.8 to 98.5 percent under status quo. NMFS and the GMT will continue to monitor attainment of sablefish throughout 2018 and can revise these trip limits through future inseason actions as needed to ensure optimized opportunity is available to harvesters, while maintaining a precautionary approach to remain within the HG. LEFG and OA Lingcod Fisheries North of 40°10′ N Lat. Lingcod north of 40°10′ N lat. has had low attainment in recent years (approximately 30 percent in the LEFG and OA, or non-trawl, sectors in 2016). Based on 2015 West Coast Groundfish Observer Program (WCGOP) data, current trip limits are resulting in discards of incidentally caught lingcod that would likely be landed under increased trip limits, as only approximately half of sampled regulatory discards (i.e., 1,400 lbs in OA and 300 lbs in LEFG fishery) were due to minimum size limits; the rest are assumed to be due to reaching trip limits. The primary objective of trip limits for lingcod has been to maximize opportunity while staying within the biological confines of overfished species limits, such as yelloweye rockfish. No lingcod increases in trip limits were proposed during the 2017–18 biennial harvest specifications and management measures because there were on-going concerns about the incidental catch of yelloweye rockfish. However, updates to the nearshore model, including use of newly available 2016 data in the recalculation of discard ratios by the WCGOP and revised discard mortality rates, indicate there is now sufficient yelloweye rockfish for the Council to consider higher lingcod trip limit increases for 2018. The GMT determined that the projected non-trawl yelloweye rockfish impacts associated with the higher lingcod trip limits would be below what was analyzed in the 2017–18 harvest specifications and management measures, predominantly due to the updated discard mortality rates applied in the nearshore model. The GMT projected ranges of potential lingcod and yelloweye impacts from the revised trip limits to account for some inter-annual variability. The projected alternative trip limits would result in 84 to 108 mt of lingcod and 1.9 to 2.2 mt of yelloweye taken. These projected yelloweye impacts are within the nearshore HG shares for Oregon (1.4 mt) and California (0.6 mt), as well as below the non-nearshore HG (0.7 mt). These PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 4851 impacts will keep the 2018 removals well within the upper range analyzed in the 2015–2016 Biennial Harvest Specifications and Management Measures Final Environmental Impact Statement. Therefore, the Council recommended and NMFS is implementing, by modifying Table 2 (North) to part 660, subpart E, the following trip limits for lingcod for the LEFG fishery north of 40°10′ N latitude: January–April, 600 lbs/2 months; May–October, 1,400 lbs/2 months; November, 700 lbs; and for December, 400 lbs. The Council also recommended and NMFS is implementing, by modifying Table 3 (North) to part 660, subpart F, the following trip limits for lingcod for the OA fishery north of 40°10′ N latitude: January–April, 300 lbs per month; May– November, 700 lbs per month; and for December, 300 lbs per month. These increased trip limits will provide increased fishing opportunity specifically for winter time access, and also will provide a steady flow of fish to markets, while still being conservative regarding yelloweye rockfish impacts. 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 February 2, 2018. The adjustments to management measures in this document affect commercial fisheries off the coasts of Washington, Oregon and California. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures established through a notice and comment rulemaking for 2017–18 (82 FR 9634). E:\FR\FM\02FER1.SGM 02FER1 4852 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations Accordingly, for the reasons stated below, NMFS finds good cause to waive prior notice and comment and to waive the delay in effectiveness. Big Skate Trip Limits for the Shorebased IFQ Program At its November 2017 meeting, the Council recommended an increase to shorebased IFQ program big skate trip limits be implemented as quickly as possible to allow harvest of big skate to better attain, but not exceed, the 2018 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 notice and opportunity for public comment would prevent NMFS from managing the IFQ program using the best available science to increase harvesting opportunities without exceeding the ACLs for federally managed species in accordance with the PCGFMP and applicable law. These increases to trip limits must be implemented as quickly as possible in 2018, to allow IFQ program fishermen an opportunity to harvest higher limits for big skate coastwide throughout 2018. It is in the public interest for fishermen to have an opportunity to harvest big skate, which contributes revenue to the coastal communities of Washington, Oregon, and California. This action, if implemented quickly, is anticipated to allow catch of big skate through the end of the 2018 to approach but not exceed the ACL, and allows harvest as intended by the Council, consistent with the best scientific information available, while providing for a responsible level of increased economic opportunity for participants. sradovich on DSK3GMQ082PROD with RULES LEFG and OA DTL Sablefish Fisheries North of 36° N Lat. At its November 2017 Council meeting, the Council recommended that a decrease to LEFG and OA sablefish VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 north of 36° N lat. trip limits be implemented as quickly as possible to keep the predicted harvest of sablefish from exceeding the non-trawl HG (and correspondingly the 2018 ACL). NMFS determined that there was not sufficient time after that meeting to undergo proposed and final rulemaking before this action needs to be in effect. Affording the time necessary for prior notice and opportunity for public comment would prevent NMFS from managing the 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. This action, if implemented quickly, is anticipated to allow harvesters to maintain a steady catch of sablefish through the end of the 2018 that will approach but not exceed the ACL, prevent sharp decreases in later season trip limits to maintain catch below the ACL, and allow harvest as intended by the Council, consistent with the best scientific information available. LEFG and OA Lingcod Fisheries North of 40°10′ N Lat. At its November 2017 meeting, the Council recommended an increase to LE and OA fixed gear lingcod trip limits north of 40°10′N. lat. be implemented as quickly as possible to allow harvest of lingcod to better attain, but not exceed, the 2018 ACL. There was not sufficient time after that meeting to undergo proposed and final rulemaking before this action needs to be in effect before the start of or as early as possible in the 2018 fishing season. Affording the time necessary for prior notice and opportunity for public comment would prevent NMFS from managing the LE and OA fixed gear fishery using the best available science to increase harvesting opportunities without exceeding the ACLs for federally managed species in accordance with the PCGFMP and PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 applicable law. These increases to trip limits must be implemented as quickly as possible to allow LE and OA fixed gear fishermen an opportunity to harvest higher limits for lingcod, particularly early in 2018, during the winter months. It is in the public interest for fishermen to have an opportunity to harvest lingcod, which contributes revenue to the coastal communities of Washington, Oregon, and California. This action, if implemented quickly, is anticipated to allow catch of lingcod through the end of the 2018 to approach but not exceed the ACL, and allows harvest as intended by the Council, consistent with the best scientific information available, while providing for a responsible level of increased economic opportunity for participants. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian Fisheries. Dated: January 30, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 2. Table 1 (North) to part 660, subpart D, is revised to read as follows: ■ Table 1 (North) to Part 660, Subpart D—Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for Non-IFQ Species and Pacific Whiting North of 40≥10″ N Lat. BILLING CODE 3510–22–P E:\FR\FM\02FER1.SGM 02FER1 4853 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations Table 1 (North) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-IFQ S cies and Pacific Whitin North of 40°10' N. Lat. This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non-trawl gears to harvest individual fishing quota (IFQ) species. Other Limits and Requirements Apply·- Read§ 660.10- § 660.399 before using this table JAN-FEB Rockfish Conservation Area SEP-OCT NOV-DEC (RCA) 11: North of 45'46' N. lat. 100 fm line11 - 150 fm line11 45"46' N. lat.- 40'10' N. lat. 2 01/1/2018 100 fm line11 - modified 21 200 fm line11 Selective flatfish trawl gear is required shoreward of the RCA; all bottom trawl gear (large footrope, selective flatfish trawl, and small footrope trawl gear) is perm~ted seaward of the RCA. Large footrope and small footrope trawl gears (except for selective flatfish trawl gear) are prohiMed shoreward of the RCA. Midwater trawl gear is permitted for vessels targeting wMing and non-wMing during the days open to the primary whiting season. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at§ 660.140, are subject to the limited entry fixed gear non-trawl RCA, as described in Tables 2 (North) and 2 (South) to Part660, Subpart E. See § 660.60, § 660.130, and§ 660.140 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, YRCA, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip lim~s > m r- m and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. 3 Min or Nearshore Rockfish & Black rockfish 300 lb/ month 4 Whiting 31 Before the primarywMing season: CLOSED.-- During the primary season: mid-water trawl midwatertrawl penmilled in the RCA. See §660.131 for season and trip lim~ details. -- Mer the primarywh~ing season: CLOSED. 5 -1 large & small footrope gear Before the primary wh~ing season: 20,000 lb/trip. -- During the primary season: 10,000 lb/trip. -Mer the primary wh~ing season: 10,000 lb/trip. North of 46' 16' N. lat. z 0 .., ... ::T - Unlimited 46'16' N. lat.- 40'10' N. lat. 50 lb/ month 10 Shortbe lly rockfish Unlimited 11 Spinydogfish 5,000 lb/2 months 12 Big skate 5,000 lb/2 months 13 Longnose skate 14 Other Fish 41 VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.000</GPH> sradovich on DSK3GMQ082PROD with RULES that are dee er or shallower than the de th contour. Vessels that are sub'ect to the RCA restrictions ma not fish in the RCA, oro erate in the RCA for any purpose other than transiting. 2/ The "mod~ied" fathom lines are modified to exclude certain petrale sole areas from the RCA. 4854 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 3. Table 1 (South) to part 660, subpart D, is revised to read as follows: ■ Table 1 (South) to Part 660, Subpart D—Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for Non-IFQ Species and Pacific Whiting South of 40≥10″ N Lat. BILLING CODE 3510–22–P Table 1 (South) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-IFQ Species and Pacific Whiting South of 40.10' N. Lat. This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non-trawl gears to harvest individual fishing quota (IFQ) species. Other Limits and Requirements Apply-· Read§ 660.10- § 660.399 before using this table 01/1/2018 JAN-FEB Rockfish Conservation Area (RCA) 11 : 100 fm line11 - 150 fm line 1121 South of 40"10' N. lat. Small footrope trawl gear is required shoreward of the RCA; all trawl gear (large footrope, selective flatfish trawl, midwater trawl, and small footrope trawl gear) is permitted seaward of the RCA. Large footrope trawl gear and midwater trawl gear are prohibited shoreward of the RCA. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing allowances in this table, regardless ofthe type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at§ 660.140, are subject to the limited entry fixed gear non-trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E. See§ 660.60, § 660.130, and§ 660.140 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, YRCA, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. r- 24,000 lb/2 months South of 34.27' N. lat. 4 Minor Nearshore Rockfish & Black rockfish m 300 lb/ month 5 Whiting midwater trawl large & small footrope gear 7 )> m 2 Longspine thornyhead 3 -1 Before the primary whiting season: CLOSED.-- During the primary season: mid-water trawl permitted in the RCA. See §660.131 for season and trip limit details. -- Mer the primary whiting season: CLOSED. Before the primary whiting season: 20,000 lbltrip. --During the primary season: 10,000 lb/trip. -Mer the primary whiting season: 10,000 lbltrip. - ~ 0 c ..... ::::r ~~~----------------------------~--------------------------------------------------------------~~ 50 lb/ month 8 Cabezon 9 Shortbelly rockfish Unlimited 10 Spinydogfish 60,000 lb/ month 5,000 lb/2 months 11 Big skate 30,000 lb/2 months 35,000 lb/2 months 40,000 lb/2 months Unlimited VerDate Sep<11>2014 31 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.001</GPH> Unlimited 14 Other Fish 5,000 lb/2 months Unlimited 13 California scorpionfish sradovich on DSK3GMQ082PROD with RULES 12 Longnose skate 15,000 lb/2 months 4855 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 4. Table 2 (North) to part 660, subpart E, is revised to read as follows: ■ F O'"'llm" ~od '"l~l•m""' R~d "'"'- Table 2 (North) to Part 660, Subpart E— Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40≥10″ N Lat. §§'>.O>." >m•gh '"'·'" """" "''"' • • MAR-APR JAN-FEB I ••~ MAY-JUN I uu Fntrv "I' I JUL-AUG I I SEP-OCT I I 1/8/2018 NOV-DEC Rockfish Conservation Area (RCA) 11 : I1 !North of46.16' N.lat. shoreline- 100 fm line 11 w46: 16' N. lat.- 42:00' N. lat. 42 00' N. lat.- 40 10' N. lat. 30 fm line 11 - 100 fm line 11 30 fm line 11 - 100 fm line 11 See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, ~Mioo• . . . . R~-· & Do~-oWhod 1,800 lb/ 2 months Pacific ocean perch 1,1251b/week, not to exceed 3,375lb/2 months Sablefish 1,1 00 lb/week, not to exceed 3,300 lb/ 2 months 10,000 lb/2 months Longspine thornyhead I 2,000 lb/2 months Shortspine thornyhead 2,500 lb/ 2 months 5,000 lb/ month Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other in waters off Oregon and California. 4,000 lb/2 months rockfish 6 particula~y 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. Flatfish 31 -1 )> m r- m Whiting 10,000 lb/ trip Minor Shelf Rockfish 21, Shortbelly, & Widow rockfish 200 lb/ month N 7 Yellowtail rockfish 1,000 lb/ month Canary rockfish z 300 lb/2 months 0 .., .... CLOSED Yelloweye rockfish Minor Nearshore Rockfish & Black rockfish North of 42°00' N. lat. 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 22 7,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish 600 lb/2 months 3 Lingcod 51 1700 lb/1400 lb/ month month 1,400 lb/2 months I Pacific cod sradovich on DSK3GMQ082PROD with RULES - ::::r 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish or 1,000 lb/2 months 200,000 lb/2 months Spiny dogfish 1 150.000 lb/2 months I Longnose skate Unlimited Other Fish 61& Cabezon in Oregon and California 100,000 lb/2 months Unlimited VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.002</GPH> 1 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 5. Table 2 (South) to part 660, subpart E, is revised to read as follows: sradovich on DSK3GMQ082PROD with RULES ■ VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 Table 2 (South) to Part 660, Subpart E— Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40≥10″ N Lat. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.003</GPH> 4856 4857 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations Table 2 (South) to Part 660, Subpart E -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40"1 0' N. lat. Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table MAY-JUN JAN-FEB I MAR-APR I I Rorfi~h Conserva~ion Area (RCA)": I I I 1 40 10' N. lat.- 34 27' N. lat. I I 1/8/2018 JUL-AUG SEP-OCT NOV-DEC I I I I 40 fm line 11 - 125 fm line 11 75 fm line 11 - 150 fm line 11 (also applies around islands) 2 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 §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, 3 Minor Slope rockfish rockfish 21 & Darkblotched 4 Splitnose rockfish _E._ Sablefish 40° 10' N. lat.- 36°00' N. lat. 7 1,1251b/week, not to exceed 3,3751b/2 months 1,1 00 lb/week, not to exceed 3,300 lb/ 2 months South of 36°00' N. lat. 2,000 lb/ week 8 Longspine thornyhead 9 Shortspine thornyhead I 10,000 lb/2 months -1 )> 5,000 lb/ month 14 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. m 10,000 lb/ trip 1s flounder, Other Flatfish 31 ~ 17 m 18 Whiting - 2,500 lb/2 months 3,000 lb/2 months South of 34°27' N. lat. 13 Dover sole, arrowtooth flounder, I 2,000 lb/2 months 40° 10' N. lat.- 34°27' N. lat. 11 12 I in waters off Oregon and California. 40,000 lb/2 months, of which no more than 1,600 lb may be blackgill rockfish 40,000 lb/2 months 6 1o particula~y 40,000 lb/2 months, of which no more than 1,375 lb may be blackgill rockfish 19 Minor Shelf Rockfish 21, Shortbelly rockfish, Widow rockfish (including Chilipepper between 40" 10' · 34.27' N. lat.) 20 40° 10' N. lat.- 34°27' N. lat. 21 South of 34.27' N. lat. 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 months CLOSED 4,000 lb/2 months 40" 10' N. lat.- 34.27' N. lat. Chilipepper included under minor shelf rockfish, shortbelly and widow rockfish limits-- See above 23 24 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 25 Canary rockfish 26 Yelloweye rockfish - CLOSED 28 Bronzespotted rockfish 29 Bocaccio 0 c ...... ::::r CLOSED 27 Cowcod CLOSED 30 I\) en ~ Chilipepper - r- 1,000 lb/2 months 40° 10' N. lat.- 34°27' N. lat. I 31 South of 34.27' N. lat. 1,500 lb/2 months I CLOSED 1,500 lb/2 months I 32 Minor Nearshore Rockfish & Black rockfish - 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 sradovich on DSK3GMQ082PROD with RULES 37 Pacific cod 38 Spiny dogfish 200,000 lb/2 months 800 lb/2 months months 39 Longnose skate 40 Other Fish 51 & Cabezon VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 1,200 lb/ bimonthly I 1,000 lb/2 months 150,000 lb/2 I 600 lb/1300 lb/ month month 100,000 lb/2 months Unlimited Unlimited PO 00000 Frm 00025 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.004</GPH> 33 Shallow nearshore Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 6. Table 3 (North) to part 660, subpart F, is revised to read as follows: sradovich on DSK3GMQ082PROD with RULES ■ VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.005</GPH> 4858 4859 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations Table 3 (North) to Part 660, Subpart F --Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears North of 40°1 0' N. lat. Other lim~s and requirements apply-- Read §§660.10 through 660.399 before using this table I MAR-APR I I JAN-FEB I I Rockfish Conservation Area (RCA) 11 : 0111/2016 MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC I I I I I I I shoreline-100fm line11 1 North of 46.16' N. lat. 2 46° 16' N. lat.- 42°00' N. lat. 30 fm line 11 - 100 fm line11 3 4iOO' N. lat.- 40.10' N. lat. 30 fm line 11 - 100 fm line11 See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70· 660.74 and §§660.76·660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, particular1y in waters off Oregon and California. 4 Minor Slope Rockfish 21 & Darkblotched rockfish Per trip, no more than 25% of weight of the sablefish landed 1oo lb/ month 5 Pacific ocean perch 6 Sablefish 300 lb/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2,000 lb/2 months 7 Shortpine thornyheads and longspine thornyheads CLOSED 8 R'i '11 '12 '13 3,000 lbl month, no more than 300 lb of which may be species other than Pacific sanddabs. Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other Flatfish31 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 15 z 150 lb/ 2 months 18 Yelloweye rockfish CLOSED 19 Min or Nearshore Rockfish & Black rockfish INorth of 42. 00' N. lat. 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish 42.00' N. lat.- 40.10' N. lat. 21 8,500 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish 0 .... ...... - ::::r 7,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish 300 lbl month 22 Lingcod51 1300 lbl month 700 lbl month I 1,000 lbl 2 months 23 Pacific cod 200,000 lb/2 months 24 Spiny dogfish 1 150.000 lb/2 months I 100,000 lb/2 months Unlimited 25 Longnose skate 26 rw 500 lb/ month 17 Canary rockfish 20 m 200 lb/ month 16 Yellowtail rockfish f-- > m 300 lb/ month Minor Shelf Rockfish21 , Shortbelly rockfish, & Widow rockfish -1 Other Fish 61 & Cabezon in Oregon and California Unlimited 27 SALMON TROLL (subject to RCAs l'lhen retaining all species of groundfish, except for yello!Mail rockfish and lingcod, as described be/01~ sradovich on DSK3GMQ082PROD with RULES 28 North VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.006</GPH> Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for ewry 2 lbs of salmon landed, with a cumulatiw limit of 200 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 allowed, and is not "CLOSED." This limit is within the per month limit for lingcod described in the table abow, and not in addition to that limit. All groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table abow, unless otherwise stated here. Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 7. Table 3 (South) to part 660, subpart F, is revised to read as follows: sradovich on DSK3GMQ082PROD with RULES ■ VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 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. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.007</GPH> 4860 4861 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / 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. 01/112018 JAN-FEB MAR-APR I I ~-~-'"".'"c~", ~. I I JUL-AUG I SEP-OCT I MAY-JUN I I I NOV-DEC 40 fm line 11 - 125 fm line11 ·,7. 75 fm line 11 - 150 fm line 11(also applies around islands) 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 tnp limits and seasons may be more restncti"" than Federal tnp limits or seasons, 3 Minor Slope Rockfish21 & Darkblotched rockfish particula~y 10,000 lb/2 months, of which no more than 475 lb may be blackgill rockfish 4 Splitnose rockfish in waters off Oregon and California. 10,000 lb/2 months, of which no more than 550 lb may be blackgill rockfish 200 lb/ month ~ Sablefish 300 lb/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2,000 lb/2 months 40.10' N. lat.- 36.00' N. lat. 6 7 300 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 )> IShortpine thornyheads and longspine 8 lthornyheads 19 I ~ '15 r-re CLOSED 40.10' N. lat.- 34.27' N. lat. 10 11 50 lb/ day, no more than 1,000 lb/2 months South of 34.27' N. lat. 3,000 lbl month, no more than 300 lb of which may be species other than Pacific sanddabs. Dover sole, arrowtooth flounder, petrale sole, English sole, starry 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 17 Whiting 21 18 Minor Shelf Rockfish , Shortbelly, Widow rockfish and Chilipepper 40.10' N. lat.- 34'27' N. lat. 19 20 2 South of 34.27' N. lat. 400 lb/2 months 1,500 lb/2 months Canary rockfish ...... - 150 lb/ 2 months ::::r CLOSED CLOSED CLOSED 500 lb/2 months CLOSED 500 lb/ 2 months 27 Shallow nearshore 1,200 lb/2 months CLOSED 1 ,200 lbl 2 months 28 Deeper nearshore 1,000 lb/2 months CLOSED 1,000 lbl 2 months 29 California scorpionfish 1,500 lb/2 months CLOSED 1 ,500 lbl 2 months 100 lbl month CLOSED 25 Bocaccio Minor Nearshore Rockfish & Black rockfish 30 Lingcod41 31 Pacific cod 400 lbl month 200,000 lb/2 months 150,000 lb/2 months 33 Longnose skate 34 Other Fish 61 & Cabezon 16:21 Feb 01, 2018 400 lbl month 150 lbl month 1,000 lbl 2 months 32 Spiny dogfish VerDate Sep<11>2014 600 lb/ month Jkt 244001 100,000 lb/2 months Unlimited Unlimited PO 00000 Frm 00029 Fmt 4700 Sfmt 4725 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.008</GPH> 26 1-- sradovich on DSK3GMQ082PROD with RULES s::::: 1 ,500 lbl 2 months Yelloweye rockfish Cowcod 24 Bronzespotted rockfish w 0 400 lbl 2 months CLOSED 2 m en 300 lb/ month 1-- III r- 4862 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations [FR Doc. 2018–02121 Filed 2–1–18; 8:45 am] VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\02FER1.SGM 02FER1 ER02FE18.009</GPH> sradovich on DSK3GMQ082PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4850-4862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02121]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BH47


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2017-18 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.

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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 February 2, 2018.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This 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 Pacific Fishery 
Management Council's website 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 2017-18 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 the following changes to current groundfish management 
measures at its November 13-20, 2017, meeting: (1) Increasing the big 
skate trip limits for the shorebased individual fishing quota (IFQ) 
program, (2) decreasing the sablefish trip limits for limited entry 
fixed gear (LEFG) and open access (OA) daily trip limit (DTL) fisheries 
north of 36[deg] North Latitude (N lat.), and (3) increasing the 
lingcod trip limits for the LEFG and OA fisheries north of 40[deg]10' N 
lat.

Big Skate Trip Limits for the Shorebased IFQ Program

    At the November 2017 Council meeting, the Council's Groundfish 
Advisory Subpanel (GAP) recommended higher trip limits for big skate 
for the shorebased IFQ program in 2018. For 2017-18, the annual catch 
limit (ACL) was set at 494 metric tons (mt), the fishery harvest 
guideline (HG) was 437 mt, and the trawl allocation was 414.8 mt, which 
includes big skate caught by the at-sea fleet. Bi-monthly trip limits 
for 2017-18 were set at 5,000 pounds (lbs) (January-February), 25,000 
lbs (March-April), 30,000 lbs (May-June), 35,000 lbs (July-August), 
10,000 lbs (September-October), and 5,000 lbs (November-December).
    In November 2017, based on the partial catch data for 2017, the 
Groundfish Management Team (GMT) estimated that attainment of big skate 
in the IFQ fishery would be 88 percent for 2018, approximately 365 mt. 
Given that the projected attainment of big skate was approaching full 
attainment with status quo trip limits, the GMT modeled modest 
increases in trip limits for 2018 using the 2016 Groundfish Mortality 
Report data and 2017 catch data. The GMT's use of the additional 2017 
catch data changed the projected 2018 annual targets relative to the 
original annual targets that were used to set the 2017-18 big skate 
trip limits. The two trip limit alternatives modeled by the GMT would 
result in higher estimated attainments (94 and 98 percent) of big skate 
than the estimated 88 percent attainment under the status quo trip 
limits. In order to maximize opportunity for vessels and increase 
attainment, the Council recommended and NMFS is implementing, by 
modifying Tables 1 (North and South) to part 660, subpart D, the 
following trip limits for big skate in the IFQ program: Period 1, 5,000 
lbs, Period 2, 30,000 lbs, Period 3, 35,000 lbs, Period 4, 40,000 lbs, 
Period 5, 15,000 lbs, and Period 6, 5,000 lbs. These increased trip 
limits are expected to increase projected attainment of the big skate 
IFQ allocation to 98 percent in 2018.

LEFG and OA Sablefish DTL Fisheries North of 36[deg] N Lat.

    Sablefish are distributed coastwide with harvest specifications 
split north and south of 36[deg] N lat. Trip limits in the LEFG and OA 
DTL fisheries, for species such as sablefish, are intended to keep 
attainment of the non-trawl HG within the ACL. The trip limits for 
sablefish for 2017-18 were established through the final rule for the 
2017-18 harvest specifications (82 FR 9634) based on catch data through 
2015.
    Inseason catch data from 2017 suggested possible under-attainment 
of the sablefish non-trawl HG. During the September 2017 Council 
meeting, the GMT made model-based landings projections for the LEFG and 
OA sablefish DTL fisheries north of 36[deg] N lat. for the remainder of 
2017 to assist the Council in evaluating potential increases to 
sablefish trip limits. These projections used the most recent 
information available, including inseason catch data from 2017, and 
showed under-attainment of the 2017 sablefish non-trawl HG. Based on 
these projections, the LEFG and OA sablefish trip limits were raised 
through an inseason action on October 19, 2017 (82 FR 48656). The 2017 
trip limits established through the September inseason action for LEFG 
and OA sablefish remain in place for 2018 until changed.
    At the November 2017 Council meeting, the GMT updated the 
projections for the attainment of the sablefish HG for 2018 with data 
through October 31, 2017. These projections showed possible attainment 
of the sablefish allocation between 95.2 and 125.2 percent for the LEFG 
fishery, and

[[Page 4851]]

78.8 and 98.5 percent for the OA fishery. If the current trip limits 
remain in place there is a projected potential to exceed the sablefish 
HG, with attainment greater than one hundred percent in the LEFG 
fishery north of 36[deg] N and close to one hundred percent in the OA 
north fishery.
    To ensure harvest remains below the sablefish ACL, the Council 
elected to follow a precautionary approach at the outset of 2018, by 
recommending decreases to sablefish trip limits in LEFG and OA 
sablefish DTL fisheries north of 36[deg] N lat. for all periods in 
2018. This approach of decreasing trip limits initially minimizes the 
likelihood of dramatic decreases in trip limits or closures for these 
fisheries later in the season, if the attainment occurs at a rate that 
is likely to exceed the sector's HG. With a precautionary approach in 
earlier periods in the year, trip limits may be increased throughout 
the year if attainment is projected to remain under the ACL. Trip 
limits for the LEFG sablefish DTL fisheries north of 36[deg] N lat. are 
designated at Tables 2 (North and South) to part 660, subpart E. Trip 
limits for the OA sablefish DTL fishery north of 36[deg] N are 
designated at Tables 3 (North and South) to part 660, subpart F.
    The Council initially recommended a change to sablefish trip limits 
for all periods for the LEFG fishery. However, because NMFS cannot 
decrease trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit 
for these periods (2-6) would be: 1,100 lbs per week, not to exceed 
3,300 lbs/2 months. Trip limits for LEFG sablefish DTL fisheries north 
of 36[deg] N lat. for period 1 will remain as status quo.
    The Council also recommended a change to sablefish trip limits for 
all periods for the OA fishery. However, because NMFS cannot decrease 
trip limits in the middle of a trip limit period, 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. for periods 2 through 6 only. The trip limit for these periods (2-
6) would be: 300 lbs/day, or 1 landing per week up to 1,000 lbs, not to 
exceed 2,000 lbs/2 months. Trip limits for OA sablefish DTL fisheries 
north of 36[deg] N lat. for period 1 will remain as status quo.
    Under these revised, lower limits, the GMT projects attainment in 
the LEFG between 75.1 and 102 percent, down from the status quo trip 
limit attainment between 95.2 and 125.2 percent. OA is predicted to be 
within 74.2 to 92.7 percent under revised trip limits, down from 78.8 
to 98.5 percent under status quo. NMFS and the GMT will continue to 
monitor attainment of sablefish throughout 2018 and can revise these 
trip limits through future inseason actions as needed to ensure 
optimized opportunity is available to harvesters, while maintaining a 
precautionary approach to remain within the HG.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    Lingcod north of 40[deg]10' N lat. has had low attainment in recent 
years (approximately 30 percent in the LEFG and OA, or non-trawl, 
sectors in 2016). Based on 2015 West Coast Groundfish Observer Program 
(WCGOP) data, current trip limits are resulting in discards of 
incidentally caught lingcod that would likely be landed under increased 
trip limits, as only approximately half of sampled regulatory discards 
(i.e., 1,400 lbs in OA and 300 lbs in LEFG fishery) were due to minimum 
size limits; the rest are assumed to be due to reaching trip limits. 
The primary objective of trip limits for lingcod has been to maximize 
opportunity while staying within the biological confines of overfished 
species limits, such as yelloweye rockfish.
    No lingcod increases in trip limits were proposed during the 2017-
18 biennial harvest specifications and management measures because 
there were on-going concerns about the incidental catch of yelloweye 
rockfish. However, updates to the nearshore model, including use of 
newly available 2016 data in the recalculation of discard ratios by the 
WCGOP and revised discard mortality rates, indicate there is now 
sufficient yelloweye rockfish for the Council to consider higher 
lingcod trip limit increases for 2018. The GMT determined that the 
projected non-trawl yelloweye rockfish impacts associated with the 
higher lingcod trip limits would be below what was analyzed in the 
2017-18 harvest specifications and management measures, predominantly 
due to the updated discard mortality rates applied in the nearshore 
model. The GMT projected ranges of potential lingcod and yelloweye 
impacts from the revised trip limits to account for some inter-annual 
variability. The projected alternative trip limits would result in 84 
to 108 mt of lingcod and 1.9 to 2.2 mt of yelloweye taken. These 
projected yelloweye impacts are within the nearshore HG shares for 
Oregon (1.4 mt) and California (0.6 mt), as well as below the non-
nearshore HG (0.7 mt). These impacts will keep the 2018 removals well 
within the upper range analyzed in the 2015-2016 Biennial Harvest 
Specifications and Management Measures Final Environmental Impact 
Statement.
    Therefore, the Council recommended and NMFS is implementing, by 
modifying Table 2 (North) to part 660, subpart E, the following trip 
limits for lingcod for the LEFG fishery north of 40[deg]10' N latitude: 
January-April, 600 lbs/2 months; May-October, 1,400 lbs/2 months; 
November, 700 lbs; and for December, 400 lbs. The Council also 
recommended and NMFS is implementing, by modifying Table 3 (North) to 
part 660, subpart F, the following trip limits for lingcod for the OA 
fishery north of 40[deg]10' N latitude: January-April, 300 lbs per 
month; May-November, 700 lbs per month; and for December, 300 lbs per 
month.
    These increased trip limits will provide increased fishing 
opportunity specifically for winter time access, and also will provide 
a steady flow of fish to markets, while still being conservative 
regarding yelloweye rockfish impacts.

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 February 2, 2018. The 
adjustments to management measures in this document affect commercial 
fisheries off the coasts of Washington, Oregon and California. No 
aspect of this action is controversial, and changes of this nature were 
anticipated in the biennial harvest specifications and management 
measures established through a notice and comment rulemaking for 2017-
18 (82 FR 9634).

[[Page 4852]]

    Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

Big Skate Trip Limits for the Shorebased IFQ Program

    At its November 2017 meeting, the Council recommended an increase 
to shorebased IFQ program big skate trip limits be implemented as 
quickly as possible to allow harvest of big skate to better attain, but 
not exceed, the 2018 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 notice 
and opportunity for public comment would prevent NMFS from managing the 
IFQ program using the best available science to increase harvesting 
opportunities without exceeding the ACLs for federally managed species 
in accordance with the PCGFMP and applicable law. These increases to 
trip limits must be implemented as quickly as possible in 2018, to 
allow IFQ program fishermen an opportunity to harvest higher limits for 
big skate coastwide throughout 2018.
    It is in the public interest for fishermen to have an opportunity 
to harvest big skate, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of big skate through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

LEFG and OA DTL Sablefish Fisheries North of 36[deg] N Lat.

    At its November 2017 Council meeting, the Council recommended that 
a decrease to LEFG and OA sablefish north of 36[deg] N lat. trip limits 
be implemented as quickly as possible to keep the predicted harvest of 
sablefish from exceeding the non-trawl HG (and correspondingly the 2018 
ACL). NMFS determined that there was not sufficient time after that 
meeting to undergo proposed and final rulemaking before this action 
needs to be in effect. Affording the time necessary for prior notice 
and opportunity for public comment would prevent NMFS from managing the 
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. This action, 
if implemented quickly, is anticipated to allow harvesters to maintain 
a steady catch of sablefish through the end of the 2018 that will 
approach but not exceed the ACL, prevent sharp decreases in later 
season trip limits to maintain catch below the ACL, and allow harvest 
as intended by the Council, consistent with the best scientific 
information available.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    At its November 2017 meeting, the Council recommended an increase 
to LE and OA fixed gear lingcod trip limits north of 40[deg]10'N. lat. 
be implemented as quickly as possible to allow harvest of lingcod to 
better attain, but not exceed, the 2018 ACL. There was not sufficient 
time after that meeting to undergo proposed and final rulemaking before 
this action needs to be in effect before the start of or as early as 
possible in the 2018 fishing season. Affording the time necessary for 
prior notice and opportunity for public comment would prevent NMFS from 
managing the LE and OA fixed gear fishery using the best available 
science to increase harvesting opportunities without exceeding the ACLs 
for federally managed species in accordance with the PCGFMP and 
applicable law. These increases to trip limits must be implemented as 
quickly as possible to allow LE and OA fixed gear fishermen an 
opportunity to harvest higher limits for lingcod, particularly early in 
2018, during the winter months.
    It is in the public interest for fishermen to have an opportunity 
to harvest lingcod, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of lingcod through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: January 30, 2018.
 Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. Table 1 (North) to part 660, subpart D, is revised to read as 
follows:

Table 1 (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting North of 40[deg]10 N Lat.

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[[Page 4853]]

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[[Page 4854]]



0
3. Table 1 (South) to part 660, subpart D, is revised to read as 
follows:

Table 1 (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting South of 40[deg]10 N Lat.

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[GRAPHIC] [TIFF OMITTED] TR02FE18.001


[[Page 4855]]



0
4. Table 2 (North) to part 660, subpart E, is revised to read as 
follows:

Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear North of 
40[deg]10 N Lat.
[GRAPHIC] [TIFF OMITTED] TR02FE18.002


[[Page 4856]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.003


0
5. Table 2 (South) to part 660, subpart E, is revised to read as 
follows:

Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear South of 
40[deg]10 N Lat.

[[Page 4857]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.004


[[Page 4858]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.005


0
6. Table 3 (North) to part 660, subpart F, is revised to read as 
follows:

Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears North of 
40[deg]10 N Lat.

[[Page 4859]]

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[[Page 4860]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.007


0
7. Table 3 (South) to part 660, subpart F, is revised to read as 
follows:

Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears South of 
40[deg]10 N Lat.

[[Page 4861]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.008


[[Page 4862]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.009

[FR Doc. 2018-02121 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-22-C

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