Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Inseason Adjustments, 16005-16008 [2018-07710]
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
agreement under which the Government
may acquire educational services.
DFARS 237.7202(a) prohibits the use of
ESAs as a contracting method for
training in the legal profession, except
when in connection with the detailing
of commissioned officers to law schools
under 10 U.S.C. 2004.
The limitation at DFARS 237.7202(a)
was established at a time when legal
training was acquired only for the
purpose of obtaining doctorate degrees
for military judge advocates. DoD’s need
for legal training has evolved since the
implementation of the text at DFARS
237.7202(a). Since 10 U.S.C. 2004
contains no prohibition against
acquiring other training in the legal
profession, this rule amends the DFARS
to delete the language at DFARS
237.7202(a). Removal of this limitation
will allow DoD to make agreements that
permit payment for masters of laws
degrees and other legal training needs,
in accordance with applicable law,
regulation, and policy.
reporting, recordkeeping, or other
compliance requirements in this rule.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because the rule
relates to agency organization,
management, or personnel.
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The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is codified at Title 41
of the United States Code (formerly
known as the Office of Federal
Procurement Policy Act). Specifically,
41 U.S.C. 1707(a)(1) requires that a
procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it is simply allowing the
contracting officer to use an ESA when
acquiring training in the legal
profession. Contracting officers can
already use ESAs for the acquisition of
training in any other profession. This
requirement affects only the internal
operating procedures of the
Government.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not add any new
provisions or clauses or impact existing
provisions or clauses. There are no
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IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Executive Order 13771
VI. Regulatory Flexibility Act
237.7202
16005
[Amended]
2. Amend section 237.7202 by
removing paragraph (a) and
redesignating paragraph (b) as an
undesignated paragraph.
■
[FR Doc. 2018–07735 Filed 4–12–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160808696–7010–02]
RIN 0648–BH86
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:
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section II. of this rule),
the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is
required and none has been prepared.
SUMMARY:
VII. Paperwork Reduction Act
DATES:
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,
is intended to allow fisheries to access
more abundant groundfish stocks while
protecting overfished and depleted
stocks.
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
This final rule is effective April
13, 2018.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491, fax: 206–526–6736, or email:
karen.palmigiano@noaa.gov.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Part 237
Electronic Access
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer Defense
Acquisition Regulations System.
Therefore, 48 CFR part 237 is
amended as follows:
PART 237—SERVICE CONTRACTING
1. The authority citation for part 237
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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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 Pacific Coast Groundfish Fishery
Management Plan (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
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off the coasts of Washington, Oregon,
and California. The Pacific Fishery
Management Council (Council)
develops biennial groundfish
specifications and management
measures. NMFS published the final
rule to implement the 2017–18
specifications and management
measures for most species of the Pacific
coast groundfish fishery 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 March 8–
14, 2018 meeting in Rohnert Park,
California: (1) Increase the incidental
halibut retention in the primary
sablefish fishery, (2) increase the
recreational sub-bag limit for canary
rockfish and add a three flatfish limit
through changes to Washington state
recreational management measures, and
(3) increase the recreational sub-limit
for canary rockfish through changes to
California recreational management
measures.
Increase Incidental Halibut Retention
in the Limited Entry Fixed Gear
Sablefish Primary Fishery
Under the authority of the Northern
Pacific Halibut Act of 1982, the Council
developed a Catch Sharing Plan for the
International Pacific Halibut
Commission Regulatory Area 2A. The
Catch Sharing Plan allocates the Area
2A annual total allowable catch (TAC)
among fisheries off Washington, Oregon,
and California. Pacific halibut is
generally a prohibited species for
vessels fishing in Pacific coast
groundfish fisheries, unless explicitly
allowed in groundfish regulations and
authorized by the Pacific halibut Catch
Sharing Plan. In years where the Pacific
halibut TAC is above 900,000 pounds
(lb) (408 metric tons (mt)), the Catch
Sharing Plan allows the limited entry
fixed gear sablefish primary fishery an
incidental retention limit for Pacific
halibut north of Point Chehalis, WA
(46°53.30′ North latitude [N. lat.]). On
March 24, 2018, NMFS implemented a
2018 Area 2A TAC of 1,190,000 lb (540
mt)(83 FR 13080; March 26, 2018).
Consistent with the provisions of the
Catch Sharing Plan, the limited entry
fixed gear sablefish primary fishery
north of Pt. Chelais, WA has an
incidental total catch limit of 50,000 lb
(22.7 mt) for 2018.
Current regulations at
§ 660.231(b)(3)(iv) provide for halibut
retention starting on April 1 with a
landing ratio of 140 lb (64 kilograms
(kg)) dressed weight of halibut, for every
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1,000 lb (454 kg) dressed weight of
sablefish landed, and up to an
additional 2 halibut in excess of this
ratio. These limits were based on the
2017 Pacific halibut retention limit of
70,000 lb (32 mt) and resulted in a catch
of 35,866 lb (16 mt) of incidental
halibut. At the March 2018 Council
meeting, based on 2017 catch totals, the
number of vessels fishing that
participated, and the average number of
trips taken, which constitutes the best
available information, the Council
recommended an increase from 140 lb
(64 kg) to 160 lb (73 kg) dressed
incidental Pacific halibut retention per
1,000 lb (454 kg) dressed sablefish. This
increase would allow total catch of
Pacific halibut to approach, but not
exceed, the 2018 allocation for the
sablefish primary fishery north of Pt.
Chelais, WA (50,000 lb or 22.7 mt) and
provide greater opportunity for industry
to attain a higher percentage of the
sablefish primary fishery allocation.
This ratio can be adjusted through
routine inseason action based on
participation and landings in the
fishery, if warranted.
In order to allow increased incidental
halibut catch in the sablefish primary
fishery, the Council recommended and
NMFS is revising incidental halibut
retention regulations at
§ 660.231(b)(3)(iv) to increase the catch
ratio to ‘‘160 lb dressed weight of
halibut for every 1,000 lb dressed
weight of sablefish landed and up to 2
additional halibut in excess of the 160
lb per 1,000 lb ratio per landing.’’
Washington State Recreational
Management Measures
At the Council’s March 2018 meeting,
the Washington Department of Fish and
Wildlife (WDFW) requested changes to
their recreational groundfish regulations
for the remainder of 2018. Specifically,
WDFW proposed an increase to the
canary rockfish sub-limit from one to
two fish with retention allowed in all
marine areas, and proposed to allow the
retention of three flatfish in addition to
the status quo aggregate daily
groundfish limit of nine.
Increase the Canary Rockfish Sub-Limit
In June 2016, the Council
recommended the Washington
recreational groundfish seasons and
regulations for the 2017 and 2018
fishing years. NMFS implemented the
regulations through the 2017–18 harvest
specifications and management
measures, which permitted retention of
up to one canary rockfish in Marine
Areas 1 and 2 (Columbia River and
south coast subareas) and prohibited
canary rockfish retention in Marine
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Areas 3 and 4. Although the canary
rockfish stock was declared rebuilt in
2017, retention had been prohibited in
previous years due to poor stock
condition. Because retention was
previously prohibited, there has been
uncertainty about angler behavior,
including whether they would target
canary rockfish. To address this
uncertainty, the analysis for the existing
landing limits assumed a high level of
targeting to ensure management
measures remained precautionary. The
analysis projected that a two fish sublimit in all management areas would
result in between 66.1 mt and 137.1 mt
of recreational canary rockfish landings,
however this analysis did not consider
the estimated results of the 2017
Washington recreational fishery.
The 2017 final mortality estimate for
canary rockfish in the Washington
recreational fishery is 4.8 mt out of a 50
mt harvest guideline for 2017 and 2018.
Because 2017 landings were much
lower than expected, the Council
updated the initial analysis to project
landings for the 2018 fishing year. The
updated analysis did not assume a high
level of targeting because the final 2017
estimates suggests that anglers are not
actively targeting canary rockfish. The
updated analysis projected canary
rockfish mortality to be 5.67 mt under
a one canary sub-limit and 6.22 mt
under a two canary sub-limit. While the
two canary rockfish limit does produce
slightly higher impacts to canary
rockfish than the one canary sub-limit,
a difference of about 0.6 mt, the overall
projected impacts of either the one- or
two-fish limit are well below the 2018
harvest guideline of 50 mt.
Therefore, the Council recommended,
and NMFS is amending the regulations
at § 660.360(c)(1) to increase in the limit
in the Washington recreational fishery
from one to two canary rockfish for all
marine areas.
Three Flatfish Limit
In March 2017, the Council
recommended that NMFS reduce the
aggregate groundfish limit from 12 to 9
fish per angler per day, and the daily
rockfish sub-limit from 10 to 7 fish per
angler per day, resulting in a 7 rockfish
sub-limit with two additional
groundfish allowed to be kept for a total
of 9 fish. The rockfish sub-limit was
reduced in response to lower harvest
levels in 2017 and 2018, but the
aggregate groundfish limit was kept at
two fish above the rockfish sub-limit to
minimize rockfish bycatch associated
with anglers targeting other groundfish,
such as lingcod. At the time,
Washington did not request excluding
flatfish from the aggregate groundfish
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limit. Since last year, when these limits
went into effect stakeholders that target
flatfish reported to WDFW that they
have been negatively affected by the
reduction in the aggregate limit, which
was not the original intent of that
reduction.
In response to stakeholder input,
WDFW proposed a flatfish limit of three
fish per angler per day, which would be
in addition to the overall aggregate
groundfish limit. The groundfish
aggregate limit would remain at nine
fish, and the sub-limits for all species,
aside from canary rockfish, would all
remain unchanged. This change to
include a separate flatfish limit of three
fish has no impact on the rockfish
population given that flatfish prefer soft
sand or muddy bottom, which is not the
preferred habitat of rockfish.
Additionally, flatfish retention would
still only be allowed under current open
season dates and status quo depth
restrictions. Projected impacts to flatfish
are expected to be similar to final
estimates in 2016 before the aggregate
limit was reduced.
Therefore, the Council recommended,
and NMFS is amending the regulations
at § 660.360(c)(1) to implement a three
flatfish limit, not to be counted against
the aggregate groundfish limit of nine
fish, for the 2018 Washington
recreational fishing year.
California Recreational Management
Measures
Similar to the canary rockfish limit off
Washington, the Council analyzed the
current canary rockfish sub-limit in
California in the 2017–18 harvest
specifications and management
measures. During that process,
California Department of Fish and
Wildlife (CDFW) evaluated a range of
sub-bag limits (one to five) for canary
rockfish given the stock had recently
been declared rebuilt. Much like
WDFW, CDFW expressed a need for
caution in determining the initial subbag limit for canary rockfish due to
uncertainty about targeting this newly
rebuilt species. Therefore, NMFS
implemented a one fish sub-bag limit for
California in 2017.
The 2017 canary rockfish mortality in
California was lower than expected.
Preliminary estimates indicate canary
rockfish mortality was 77.4 mt, or 57.3
percent of the California harvest
guideline of 135 mt. Seasonal catch
trends for canary were similar to other
rockfish, with higher catches observed
in the spring and summer months when
weather is more favorable. Because of
the low catch in the preliminary
estimates for 2017, CDFW analyzed
projected impacts under a two-fish sub-
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bag limit for 2018, taking into account
the most recent fishery performance.
Under the two-fish sub-bag limit,
projected canary rockfish mortality
would be 110.4 mt or 81.8 percent of the
2018 harvest guideline.
Therefore, based on the new
preliminary attainment information for
2017, the Council recommended and
NMFS is amending the regulations at
§ 660.360(c)(3) to increase the California
recreational canary rockfish sub-bag
limit from one fish to two fish.
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 catch data used to
support these regulatory actions is
available for public inspection in person
at the Office of the Administrator, West
Coast Region, NMFS, during normal
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. The adjustments to
management measures in this document
affect commercial and recreational
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).
Accordingly, for the reasons stated
below, NMFS finds good cause to waive
prior notice and comment.
Increase Incidental Halibut Retention in
the Limited Entry Fixed Gear Sablefish
Primary Fishery
The Pacific halibut catch limit for
Area 2A is large enough in 2018 to
provide for incidental halibut retention,
per the Pacific halibut Catch Sharing
Plan for Area 2A, in the limited entry
fixed gear sablefish primary fishery
north of Point Chehalis. Therefore, at its
March 2018 meeting, the Council
recommended an increase from 140 lb
(64 kg) to 160 lb (73 kg) of dressed
weight halibut per 1,000 lb (454 kg) of
dressed weight sablefish. The Council
recommended this increased limit be
implemented by April 1, 2018, the start
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16007
of the limited entry fixed gear sablefish
primary fishery, or as soon as possible
thereafter. Therefore, there was not
sufficient time after that meeting to
undergo proposed and final rulemaking
before this action needs to be
implemented to increase Pacific halibut
harvest opportunity, to allow Pacific
halibut to be retained throughout the
limited entry fixed gear sablefish
primary season, and to achieve
attainment of incidental Pacific halibut
quota in this fishery given the most
recent Pacific halibut catch data and the
Area 2A catch limit.
Washington State Recreational
Management Measures
During its March 2018 meeting, the
Council recommended an increase to
the Washington recreational canary
rockfish sub-limit from one fish to two
fish in all marine areas. The 2017–18
harvest specifications and management
measures implemented precautionary
landing limits just as canary rockfish
was declared rebuilt. The 2017
Washington recreational fishery catch
data show that only 4.8 mt of the 50 mt
harvest guideline was landed.
Increasing the canary rockfish sub-limit
should create additional opportunity to
attain the harvest guideline in 2018.
Additionally, WDFW proposed a
three fish limit for flatfish that would
not count towards the aggregate
groundfish limit. WDFW received
stakeholder input that the 2017 decrease
in the aggregate rockfish limit has
constrained anglers targeting flatfish.
Excluding flatfish from the aggregate
limit eases this constraint.
Therefore, based on the new
preliminary data, the input from
stakeholders who target flatfish, and the
need to provide additional economic
opportunities to the recreational fleet
while also potentially reducing
discards, there was not sufficient time
after the March meeting to undergo a
full 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 this recreational fishery using
the best available science to increase
harvesting opportunities of canary
rockfish and flatfish, as required by the
PCGFMP and applicable law.
California State Recreational
Management Measures
During the March 2018 meeting,
CDFW proposed an increase to their
canary rockfish sub-bag limit. The
2017–18 harvest specifications and
management measures implemented
precautionary landing limits just as
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canary rockfish was declared rebuilt.
Preliminary data from CDFW shows that
2017 recreational canary rockfish catch
was low in 2017. Increasing the canary
rockfish sub-limit should create
additional opportunity to attain the
harvest guideline in 2018.
There was not sufficient time after the
March meeting to undergo proposed and
final rulemaking before this action
needs to be in effect. The California
recreational fishery begins on April
15th. Affording NMFS the time
necessary for prior notice and
opportunity for the public to comment
would prevent NMFS from managing
the recreational fishery with the best
available information to increase harvest
opportunities for recreational anglers in
California.
NMFS also finds good cause to waive
the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1), so that
this final rule may become effective
April 13, 2018. This inseason action
implements a number of increases to
incidental and directed landing limits
based on updated fishery information
and new supporting analyses provided
to the Council at its March 2018
meeting. Affording the time necessary
for prior notice and opportunity for
public comment reduces the time these
increased landing limits are available to
fishing vessels during the 2018 fishing
year, and delays the use of the best
available information in managing the
fishery.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: April 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
660 as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.231, revise paragraph
(b)(3)(iv) to read as follows:
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§ 660.231 Limited entry fixed gear
sablefish primary fishery.
*
*
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(b) * * *
(3) * * *
(iv) Incidental Pacific halibut
retention north of Pt. Chehalis, WA
(46°53.30′ N lat.). From April 1 through
October 31, vessels authorized to
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participate in the sablefish primary
fishery, licensed by the International
Pacific Halibut Commission for
commercial fishing in Area 2A (waters
off Washington, Oregon, California), and
fishing with longline gear north of Pt.
Chehalis, WA (46°53.30′ N lat.) may
possess and land up to the following
cumulative limits: 160 pounds (64 kg)
dressed weight of Pacific halibut for
every 1,000 pounds (454 kg) dressed
weight of sablefish landed and up to 2
additional Pacific halibut in excess of
the 160-pounds-per-1,000-pound ratio
per landing. ‘‘Dressed’’ Pacific halibut
in this area means halibut landed
eviscerated with their heads on. Pacific
halibut taken and retained in the
sablefish primary fishery north of Pt.
Chehalis may only be landed north of
Pt. Chehalis and may not be possessed
or landed south of Pt. Chehalis.
*
*
*
*
*
■ 3. In § 660.360, revise paragraphs
(c)(1) introductory text, (c)(1)(ii), and
(c)(3)(ii)(B) to read as follows:
(B) Bag limits, hook limits. In times
and areas when the recreational season
for the RCG Complex is open, there is
a limit of 2 hooks and 1 line when
fishing for the RCG complex and
lingcod. The bag limit is 10 RCG
Complex fish per day coastwide.
Retention of yelloweye rockfish,
bronzespotted rockfish, and cowcod is
prohibited. Within the 10 RCG Complex
fish per day limit, no more than 3 may
be black rockfish, no more than 3 may
be cabezon, and no more than 2 may be
canary rockfish. Multi-day limits are
authorized by a valid permit issued by
California and must not exceed the daily
limit multiplied by the number of days
in the fishing trip.
*
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[FR Doc. 2018–07710 Filed 4–12–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
§ 660.360 Recreational fishery—
management measures.
50 CFR Part 679
*
[Docket No. 170817779–8161–02]
*
*
*
*
(c) * * *
(1) Washington. For each person
engaged in recreational fishing off the
coast of Washington, the groundfish bag
limit is 9 groundfish per day, including
rockfish, cabezon and lingcod. Within
the groundfish bag limit, there are sublimits for rockfish, lingcod, and cabezon
outlined in paragraph (c)(1)(i)(D) of this
section. In addition to the groundfish
bag limit of 9, there will be a flatfish
limit of 3 fish, not to be counted
towards the groundfish bag limit but in
addition to it. The recreational
groundfish fishery will open the second
Saturday in March through the third
Saturday in October for all species in all
areas except lingcod in Marine Area 4
as described in paragraph (c)(1)(iv) of
this section. In the Pacific halibut
fisheries, retention of groundfish is
governed in part by annual management
measures for Pacific halibut fisheries,
which are published in the Federal
Register. The following seasons, closed
areas, sub-limits and size limits apply:
*
*
*
*
*
(ii) Rockfish. In areas of the EEZ
seaward of Washington that are open to
recreational groundfish fishing, there is
a 7 rockfish per day bag limit. There is
a 2 fish sub-bag limit per day for canary
rockfish in all Marine Areas. Taking and
retaining yelloweye rockfish is
prohibited in all Marine areas.
*
*
*
*
*
(3) * * *
(ii) * * *
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RIN 0648–XG166
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Less Than 60 Feet
(18.3 Meters) Length Overall Using Jig
or Hook-and-Line Gear in the Bogoslof
Pacific Cod Exemption Area in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters (m)) length
overall (LOA) using jig or hook-and-line
gear in the Bogoslof Pacific cod
exemption area of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the limit of Pacific
cod for catcher vessels less than 60 feet
(18.3 m) LOA using jig or hook-and-line
gear in the Bogoslof Pacific cod
exemption area in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 10, 2018, through
2400 hrs, A.l.t., December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
SUMMARY:
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16005-16008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07710]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160808696-7010-02]
RIN 0648-BH86
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,
is intended to allow fisheries to access more abundant groundfish
stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective April 13, 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 Pacific Coast Groundfish Fishery Management Plan (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
[[Page 16006]]
off the coasts of Washington, Oregon, and California. The Pacific
Fishery Management Council (Council) develops biennial groundfish
specifications and management measures. NMFS published the final rule
to implement the 2017-18 specifications and management measures for
most species of the Pacific coast groundfish fishery 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 March 8-14, 2018 meeting in Rohnert Park, California:
(1) Increase the incidental halibut retention in the primary sablefish
fishery, (2) increase the recreational sub-bag limit for canary
rockfish and add a three flatfish limit through changes to Washington
state recreational management measures, and (3) increase the
recreational sub-limit for canary rockfish through changes to
California recreational management measures.
Increase Incidental Halibut Retention in the Limited Entry Fixed Gear
Sablefish Primary Fishery
Under the authority of the Northern Pacific Halibut Act of 1982,
the Council developed a Catch Sharing Plan for the International
Pacific Halibut Commission Regulatory Area 2A. The Catch Sharing Plan
allocates the Area 2A annual total allowable catch (TAC) among
fisheries off Washington, Oregon, and California. Pacific halibut is
generally a prohibited species for vessels fishing in Pacific coast
groundfish fisheries, unless explicitly allowed in groundfish
regulations and authorized by the Pacific halibut Catch Sharing Plan.
In years where the Pacific halibut TAC is above 900,000 pounds (lb)
(408 metric tons (mt)), the Catch Sharing Plan allows the limited entry
fixed gear sablefish primary fishery an incidental retention limit for
Pacific halibut north of Point Chehalis, WA (46[deg]53.30' North
latitude [N. lat.]). On March 24, 2018, NMFS implemented a 2018 Area 2A
TAC of 1,190,000 lb (540 mt)(83 FR 13080; March 26, 2018). Consistent
with the provisions of the Catch Sharing Plan, the limited entry fixed
gear sablefish primary fishery north of Pt. Chelais, WA has an
incidental total catch limit of 50,000 lb (22.7 mt) for 2018.
Current regulations at Sec. 660.231(b)(3)(iv) provide for halibut
retention starting on April 1 with a landing ratio of 140 lb (64
kilograms (kg)) dressed weight of halibut, for every 1,000 lb (454 kg)
dressed weight of sablefish landed, and up to an additional 2 halibut
in excess of this ratio. These limits were based on the 2017 Pacific
halibut retention limit of 70,000 lb (32 mt) and resulted in a catch of
35,866 lb (16 mt) of incidental halibut. At the March 2018 Council
meeting, based on 2017 catch totals, the number of vessels fishing that
participated, and the average number of trips taken, which constitutes
the best available information, the Council recommended an increase
from 140 lb (64 kg) to 160 lb (73 kg) dressed incidental Pacific
halibut retention per 1,000 lb (454 kg) dressed sablefish. This
increase would allow total catch of Pacific halibut to approach, but
not exceed, the 2018 allocation for the sablefish primary fishery north
of Pt. Chelais, WA (50,000 lb or 22.7 mt) and provide greater
opportunity for industry to attain a higher percentage of the sablefish
primary fishery allocation. This ratio can be adjusted through routine
inseason action based on participation and landings in the fishery, if
warranted.
In order to allow increased incidental halibut catch in the
sablefish primary fishery, the Council recommended and NMFS is revising
incidental halibut retention regulations at Sec. 660.231(b)(3)(iv) to
increase the catch ratio to ``160 lb dressed weight of halibut for
every 1,000 lb dressed weight of sablefish landed and up to 2
additional halibut in excess of the 160 lb per 1,000 lb ratio per
landing.''
Washington State Recreational Management Measures
At the Council's March 2018 meeting, the Washington Department of
Fish and Wildlife (WDFW) requested changes to their recreational
groundfish regulations for the remainder of 2018. Specifically, WDFW
proposed an increase to the canary rockfish sub-limit from one to two
fish with retention allowed in all marine areas, and proposed to allow
the retention of three flatfish in addition to the status quo aggregate
daily groundfish limit of nine.
Increase the Canary Rockfish Sub-Limit
In June 2016, the Council recommended the Washington recreational
groundfish seasons and regulations for the 2017 and 2018 fishing years.
NMFS implemented the regulations through the 2017-18 harvest
specifications and management measures, which permitted retention of up
to one canary rockfish in Marine Areas 1 and 2 (Columbia River and
south coast subareas) and prohibited canary rockfish retention in
Marine Areas 3 and 4. Although the canary rockfish stock was declared
rebuilt in 2017, retention had been prohibited in previous years due to
poor stock condition. Because retention was previously prohibited,
there has been uncertainty about angler behavior, including whether
they would target canary rockfish. To address this uncertainty, the
analysis for the existing landing limits assumed a high level of
targeting to ensure management measures remained precautionary. The
analysis projected that a two fish sub-limit in all management areas
would result in between 66.1 mt and 137.1 mt of recreational canary
rockfish landings, however this analysis did not consider the estimated
results of the 2017 Washington recreational fishery.
The 2017 final mortality estimate for canary rockfish in the
Washington recreational fishery is 4.8 mt out of a 50 mt harvest
guideline for 2017 and 2018. Because 2017 landings were much lower than
expected, the Council updated the initial analysis to project landings
for the 2018 fishing year. The updated analysis did not assume a high
level of targeting because the final 2017 estimates suggests that
anglers are not actively targeting canary rockfish. The updated
analysis projected canary rockfish mortality to be 5.67 mt under a one
canary sub-limit and 6.22 mt under a two canary sub-limit. While the
two canary rockfish limit does produce slightly higher impacts to
canary rockfish than the one canary sub-limit, a difference of about
0.6 mt, the overall projected impacts of either the one- or two-fish
limit are well below the 2018 harvest guideline of 50 mt.
Therefore, the Council recommended, and NMFS is amending the
regulations at Sec. 660.360(c)(1) to increase in the limit in the
Washington recreational fishery from one to two canary rockfish for all
marine areas.
Three Flatfish Limit
In March 2017, the Council recommended that NMFS reduce the
aggregate groundfish limit from 12 to 9 fish per angler per day, and
the daily rockfish sub-limit from 10 to 7 fish per angler per day,
resulting in a 7 rockfish sub-limit with two additional groundfish
allowed to be kept for a total of 9 fish. The rockfish sub-limit was
reduced in response to lower harvest levels in 2017 and 2018, but the
aggregate groundfish limit was kept at two fish above the rockfish sub-
limit to minimize rockfish bycatch associated with anglers targeting
other groundfish, such as lingcod. At the time, Washington did not
request excluding flatfish from the aggregate groundfish
[[Page 16007]]
limit. Since last year, when these limits went into effect stakeholders
that target flatfish reported to WDFW that they have been negatively
affected by the reduction in the aggregate limit, which was not the
original intent of that reduction.
In response to stakeholder input, WDFW proposed a flatfish limit of
three fish per angler per day, which would be in addition to the
overall aggregate groundfish limit. The groundfish aggregate limit
would remain at nine fish, and the sub-limits for all species, aside
from canary rockfish, would all remain unchanged. This change to
include a separate flatfish limit of three fish has no impact on the
rockfish population given that flatfish prefer soft sand or muddy
bottom, which is not the preferred habitat of rockfish. Additionally,
flatfish retention would still only be allowed under current open
season dates and status quo depth restrictions. Projected impacts to
flatfish are expected to be similar to final estimates in 2016 before
the aggregate limit was reduced.
Therefore, the Council recommended, and NMFS is amending the
regulations at Sec. 660.360(c)(1) to implement a three flatfish limit,
not to be counted against the aggregate groundfish limit of nine fish,
for the 2018 Washington recreational fishing year.
California Recreational Management Measures
Similar to the canary rockfish limit off Washington, the Council
analyzed the current canary rockfish sub-limit in California in the
2017-18 harvest specifications and management measures. During that
process, California Department of Fish and Wildlife (CDFW) evaluated a
range of sub-bag limits (one to five) for canary rockfish given the
stock had recently been declared rebuilt. Much like WDFW, CDFW
expressed a need for caution in determining the initial sub-bag limit
for canary rockfish due to uncertainty about targeting this newly
rebuilt species. Therefore, NMFS implemented a one fish sub-bag limit
for California in 2017.
The 2017 canary rockfish mortality in California was lower than
expected. Preliminary estimates indicate canary rockfish mortality was
77.4 mt, or 57.3 percent of the California harvest guideline of 135 mt.
Seasonal catch trends for canary were similar to other rockfish, with
higher catches observed in the spring and summer months when weather is
more favorable. Because of the low catch in the preliminary estimates
for 2017, CDFW analyzed projected impacts under a two-fish sub-bag
limit for 2018, taking into account the most recent fishery
performance. Under the two-fish sub-bag limit, projected canary
rockfish mortality would be 110.4 mt or 81.8 percent of the 2018
harvest guideline.
Therefore, based on the new preliminary attainment information for
2017, the Council recommended and NMFS is amending the regulations at
Sec. 660.360(c)(3) to increase the California recreational canary
rockfish sub-bag limit from one fish to two fish.
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 catch data used to support these regulatory actions
is available for public inspection in person at the Office of the
Administrator, West Coast Region, NMFS, during normal 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. The adjustments to management measures in this
document affect commercial and recreational 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).
Accordingly, for the reasons stated below, NMFS finds good cause to
waive prior notice and comment.
Increase Incidental Halibut Retention in the Limited Entry Fixed Gear
Sablefish Primary Fishery
The Pacific halibut catch limit for Area 2A is large enough in 2018
to provide for incidental halibut retention, per the Pacific halibut
Catch Sharing Plan for Area 2A, in the limited entry fixed gear
sablefish primary fishery north of Point Chehalis. Therefore, at its
March 2018 meeting, the Council recommended an increase from 140 lb (64
kg) to 160 lb (73 kg) of dressed weight halibut per 1,000 lb (454 kg)
of dressed weight sablefish. The Council recommended this increased
limit be implemented by April 1, 2018, the start of the limited entry
fixed gear sablefish primary fishery, or as soon as possible
thereafter. Therefore, there was not sufficient time after that meeting
to undergo proposed and final rulemaking before this action needs to be
implemented to increase Pacific halibut harvest opportunity, to allow
Pacific halibut to be retained throughout the limited entry fixed gear
sablefish primary season, and to achieve attainment of incidental
Pacific halibut quota in this fishery given the most recent Pacific
halibut catch data and the Area 2A catch limit.
Washington State Recreational Management Measures
During its March 2018 meeting, the Council recommended an increase
to the Washington recreational canary rockfish sub-limit from one fish
to two fish in all marine areas. The 2017-18 harvest specifications and
management measures implemented precautionary landing limits just as
canary rockfish was declared rebuilt. The 2017 Washington recreational
fishery catch data show that only 4.8 mt of the 50 mt harvest guideline
was landed. Increasing the canary rockfish sub-limit should create
additional opportunity to attain the harvest guideline in 2018.
Additionally, WDFW proposed a three fish limit for flatfish that
would not count towards the aggregate groundfish limit. WDFW received
stakeholder input that the 2017 decrease in the aggregate rockfish
limit has constrained anglers targeting flatfish. Excluding flatfish
from the aggregate limit eases this constraint.
Therefore, based on the new preliminary data, the input from
stakeholders who target flatfish, and the need to provide additional
economic opportunities to the recreational fleet while also potentially
reducing discards, there was not sufficient time after the March
meeting to undergo a full 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 this recreational fishery using the best available science to
increase harvesting opportunities of canary rockfish and flatfish, as
required by the PCGFMP and applicable law.
California State Recreational Management Measures
During the March 2018 meeting, CDFW proposed an increase to their
canary rockfish sub-bag limit. The 2017-18 harvest specifications and
management measures implemented precautionary landing limits just as
[[Page 16008]]
canary rockfish was declared rebuilt. Preliminary data from CDFW shows
that 2017 recreational canary rockfish catch was low in 2017.
Increasing the canary rockfish sub-limit should create additional
opportunity to attain the harvest guideline in 2018.
There was not sufficient time after the March meeting to undergo
proposed and final rulemaking before this action needs to be in effect.
The California recreational fishery begins on April 15th. Affording
NMFS the time necessary for prior notice and opportunity for the public
to comment would prevent NMFS from managing the recreational fishery
with the best available information to increase harvest opportunities
for recreational anglers in California.
NMFS also finds good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1), so that this final rule
may become effective April 13, 2018. This inseason action implements a
number of increases to incidental and directed landing limits based on
updated fishery information and new supporting analyses provided to the
Council at its March 2018 meeting. Affording the time necessary for
prior notice and opportunity for public comment reduces the time these
increased landing limits are available to fishing vessels during the
2018 fishing year, and delays the use of the best available information
in managing the fishery.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: April 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.231, revise paragraph (b)(3)(iv) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N lat.). From April 1 through October 31, vessels
authorized to participate in the sablefish primary fishery, licensed by
the International Pacific Halibut Commission for commercial fishing in
Area 2A (waters off Washington, Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N lat.) may
possess and land up to the following cumulative limits: 160 pounds (64
kg) dressed weight of Pacific halibut for every 1,000 pounds (454 kg)
dressed weight of sablefish landed and up to 2 additional Pacific
halibut in excess of the 160-pounds-per-1,000-pound ratio per landing.
``Dressed'' Pacific halibut in this area means halibut landed
eviscerated with their heads on. Pacific halibut taken and retained in
the sablefish primary fishery north of Pt. Chehalis may only be landed
north of Pt. Chehalis and may not be possessed or landed south of Pt.
Chehalis.
* * * * *
0
3. In Sec. 660.360, revise paragraphs (c)(1) introductory text,
(c)(1)(ii), and (c)(3)(ii)(B) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is 9 groundfish per
day, including rockfish, cabezon and lingcod. Within the groundfish bag
limit, there are sub-limits for rockfish, lingcod, and cabezon outlined
in paragraph (c)(1)(i)(D) of this section. In addition to the
groundfish bag limit of 9, there will be a flatfish limit of 3 fish,
not to be counted towards the groundfish bag limit but in addition to
it. The recreational groundfish fishery will open the second Saturday
in March through the third Saturday in October for all species in all
areas except lingcod in Marine Area 4 as described in paragraph
(c)(1)(iv) of this section. In the Pacific halibut fisheries, retention
of groundfish is governed in part by annual management measures for
Pacific halibut fisheries, which are published in the Federal Register.
The following seasons, closed areas, sub-limits and size limits apply:
* * * * *
(ii) Rockfish. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing, there is a 7 rockfish per day
bag limit. There is a 2 fish sub-bag limit per day for canary rockfish
in all Marine Areas. Taking and retaining yelloweye rockfish is
prohibited in all Marine areas.
* * * * *
(3) * * *
(ii) * * *
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex and lingcod. The bag
limit is 10 RCG Complex fish per day coastwide. Retention of yelloweye
rockfish, bronzespotted rockfish, and cowcod is prohibited. Within the
10 RCG Complex fish per day limit, no more than 3 may be black
rockfish, no more than 3 may be cabezon, and no more than 2 may be
canary rockfish. Multi-day limits are authorized by a valid permit
issued by California and must not exceed the daily limit multiplied by
the number of days in the fishing trip.
* * * * *
[FR Doc. 2018-07710 Filed 4-12-18; 8:45 am]
BILLING CODE 3510-22-P
