Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and Management Measures; Inseason Adjustments, 25708-25720 [2019-11610]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Rules and Regulations]
[Pages 25708-25720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11610]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180625576-8999-02]
RIN 0648-BI94


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and 
Management Measures; Inseason Adjustments

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

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

-----------------------------------------------------------------------

SUMMARY: This final rule announces routine inseason adjustments to 
management measures in commercial and recreational groundfish 
fisheries. This action is intended to allow commercial and recreational 
fishing vessels to access more abundant groundfish stocks while 
protecting overfished and depleted stocks.

DATES: This final rule is effective June 4, 2019.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491 
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 off the coasts of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for two-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2019-2020 
biennium for most species managed under the PCGFMP on December 12, 2018 
(83 FR 63970). In general, the management measures set at the start of 
the biennial specifications cycle help the various sectors of the 
fishery attain, but not exceed, the catch limits for each stock. The 
Council, in coordination with Pacific Coast Treaty Indian Tribes and 
the States of Washington, Oregon, and California, recommends 
adjustments to the management measures during the fishing year to 
achieve this goal.
    At its March 6-12, and April 10-16, 2019, meetings, the Council 
recommended seven adjustments to the 2019-2020 PCGFMP management 
measures, including: (1) Increasing the limited entry fixed gear (LEFG) 
and open access (OA) trip limits for the Minor Nearshore Rockfish 
complex from 42[deg] North Latitude (N lat.) to 40[deg]10' N lat.; (2) 
increasing the LEFG and OA trip limits for the deeper nearshore 
rockfish complex south of 40[deg]10' N lat.; (3) increasing the LEFG 
and OA trip limits for blackgill rockfish south of 40[deg]10' N lat.; 
(4) increasing the LEFG and OA trip limits and recreational bag limit 
for lingcod south of 40[deg]10' N lat.; (5) increasing the California 
recreational canary rockfish bag limit; (6) increasing the California 
recreational black rockfish bag limit, and (7) transferring lingcod 
south of 40[deg]10' N lat. from the research and incidental open access 
(IOA) set-asides to the set asides for exempted fishing permits (EFPs).
    Pacific Coast groundfish fisheries are managed using harvest 
specifications developed biennially and based on the best scientific 
information available at that time. Through the harvest specifications, 
the Council specifies annual catch limits (ACLs). Every species will 
either have its own designated ACL or be included in a multi-species 
ACL. Deductions from the ACL are then made to account for research, 
Pacific Coast treaty Indian tribal fisheries, scientific research, 
incidental open access (IOA) fisheries, and exempted fishing permits, 
resulting in the fishery harvest guideline. The fishery harvest 
guideline for most species is then allocated between the trawl and non-
trawl fisheries based on percentages adopted under Amendment 21 to the 
PCGFMP (i.e., lingcod), or decided through the biennial specifications 
process (i.e., canary rockfish). Some species' harvest guidelines are 
not allocated between the trawl and non-trawl fisheries because 
historically there has been low attainment (i.e., Minor Nearshore 
Rockfish) or the species is allocated to a specific state (i.e., 
California black rockfish) and catch is controlled through state 
management measures. Each of the adjustments to management measures 
discussed below are based on updated fisheries information through the 
2018 fishing year that was unavailable when the original analysis was 
completed.

Minor Nearshore Rockfish Complex North of 40[deg]10' N Lat.

    The Minor Nearshore Rockfish complex north of 40[deg]10' N lat. 
includes 13 species of rockfish. The ACLs for the Minor Nearshore 
Rockfish complex north of 40[deg]10' N lat. are 81 mt in 2019 and 82 mt 
in 2020 with a 79 mt fishery harvest guideline in both years. Unlike 
other species, the coastwide harvest guideline is not allocated between 
trawl and non-trawl sectors because the trawl impacts are so minor. 
Instead, Washington, Oregon, and California have a sharing agreement 
and divide the federal harvest guideline for each of the species in the 
complex into state landing targets. The States then divide their shares 
between their commercial fixed gear and recreational sectors. Using the 
harvest guidelines along with catch information, the Council designates 
management measures to maximize catch within these state target limits 
while also limiting impacts to co-occurring rebuilding species such as 
yelloweye rockfish.
    Most vessels fishing in California's nearshore fishery do not hold 
a federal limited entry permit and are considered federal OA fixed gear 
vessels. California restricts participation in the nearshore fishery by 
requiring a state limited entry permit to harvest nearshore groundfish 
species. Trip limits for these fisheries are designed to keep catch 
within nearshore species state and federal limits while providing a 
year-round fishing opportunity, if possible. The total California share 
of the coastwide harvest guideline the Minor Nearshore Rockfish complex 
is 36.6 mt for 2019 and 37.9 mt for 2020.
    When the Council developed the 2019 and 2020 management measures 
for California's Minor Nearshore Rockfish

[[Page 25709]]

complex in 2018, commercial catch data was only available through the 
end of the 2016 fishing year. State landing targets were based on the 
projected mortality from 2017 trip limits rather than average landings 
to account for potential additional effort within the fishery due to 
newly adopted permit transfer provisions. LEFG and OA fixed gear trip 
limits for the Minor Nearshore Rockfish complex were set for 2019 and 
2020 at the same levels used in the 2017-2018 harvest specifications in 
order to remain precautionary due to uncertainty about potential 
increasing effort. The current trip limit for the both the LEFG and OA 
fisheries for period 1 (January-February) is 8,500 pounds (lb) (3,856 
kilograms [kg]) per two months, no more than 1,200 lb (544 kg) of which 
may be species other than black rockfish. The current trip limit for 
period 2 (March-April) through period 6 (November-December) is 7,000 lb 
(3,175 kg) per two months, no more than 1,200 lb (544 kg) of which may 
be species other than black rockfish. Black rockfish is specified 
separately from the other nearshore species, because it has its own 
state-specific ACLs. In March 2019, the Groundfish Management Team 
(GMT) updated projections for the Minor Nearshore Rockfish complex with 
commercial fishing data through the end of 2018. Estimated mortality in 
2018 for California's Minor Nearshore Rockfish complex, not including 
black rockfish, between 42[deg] and 40[deg]10' N lat. was 6.6 mt for 
the commercial fishery and 16.1 mt for recreational fisheries. Total 
estimated mortality was 22.7 mt, or 56 percent of the 2018 harvest 
guideline (40.2 mt).
    Based on this updated information the Council recommended adjusting 
the commercial sector trip limits for period 2 through period 6 from 
7,000 lb (3,175 kg) per two months, no more than 1,200 lb (544 kg) of 
which may be species other than black rockfish to 7,000 lb (3,175 kg) 
per two months, no more than 1,500 lb (680 kg) of which may be species 
other than black rockfish. Under the current trip limits, the current 
catch for period 1 (January through February) in 2019 for the Minor 
Nearshore Rockfish complex between 42[deg] N lat. and 40[deg]10' N lat. 
is 0.5 mt. Without an increase to the Minor Nearshore Rockfish complex 
trip limit for the remainder of 2019, projected attainment of the 
California share of the harvest guideline is 68.4 percent (25 mt total, 
including 12.4 mt from the recreational sector and 12.5 mt from the 
commercial sector, of the 36.6 mt) and projected attainment of the 
coastwide harvest guideline is 31.9 percent (79 mt). Projections based 
on increasing the trip limits suggest attainment may increase catch for 
Minor Nearshore Rockfish north of 40[deg]10' N lat. by 2.71 mt, from 
12.6 mt to 14.7 mt, for the commercial sector. Total mortality of the 
complex for the commercial and recreational sectors may increase to 
27.71 mt or 74 percent of the California share of the harvest guideline 
(36.6 mt).
    Therefore, in March 2019 the Council recommended and NMFS is 
implementing increases to LEFG and OA fixed gear trip limits by 
modifying Table 2 (North) to part 660, subpart E, and Table 3 (North) 
to part 660, subpart F. The trip limits for period 2 through period 6 
for minor nearshore rockfish for LEFG and OA fixed gear will increase 
from 7,000 lb (3,175 kg) per two months, no more than 1,200 lb (544 kg) 
of which may be species other than black rockfish to 7,000 lb (3,175 
kg) per two months, no more than 1,500 lb (680 kg) of which may be 
species other than black rockfish beginning June 4, 2019.

Deeper Nearshore Rockfish South of 40[deg]10' N Lat.

    The Minor Nearshore Rockfish complex south of 40[deg]10' N lat. is 
subdivided into two management categories: (1) Shallow nearshore 
rockfish (black-and-yellow rockfish, China rockfish, gopher rockfish, 
grass rockfish, and kelp rockfish), and (2) deeper nearshore rockfish 
(comprised of brown rockfish, calico rockfish, copper rockfish, olive 
rockfish, quillback rockfish, and treefish). California restricts 
participation in the nearshore fishery by requiring vessels have a 
shallow or a deeper nearshore permit which correspond to the type of 
permit needed in California to fish those species. At the March 2018 
meeting, members of industry requested the Council consider increasing 
the LEFG and OA trip limits for vessels targeting species in the deeper 
nearshore rockfish complex only; no requests were received in regard to 
the shallow nearshore rockfish complex. The ACL for the Minor Nearshore 
Rockfish complex south of 40[deg]10' N lat. is 1,300 mt in 2019 with a 
1,138 mt harvest guideline and 1,322 mt for 2020 with a 1,159 mt 
harvest guideline. The harvest guideline is shared between vessels 
targeting shallow and deeper nearshore rockfish.
    When the Council developed the 2019-2020 management measures for 
California's deeper nearshore rockfish in 2018, commercial catch data 
through the end of the 2017 fishing year was not available. Instead, 
the analysis used data from previous fishing years and assumptions were 
made about fishing effort in the 2017 fishing year based on this data 
to project impacts through the remainder of 2017. Based on this 
information, trip limits for deeper nearshore rockfish for LEFG and OA 
fixed gear were set in 2019 and 2020 at the same levels used in the 
2017-2018 harvest specifications. The current trip limit for Period 1 
(January-February) is 1,000 lb (454 kg) per two months. Period 2 
(March-April) is closed. The current trip limit for Period 3 through 
Period 6 is 1,000 lb (454 kg) per two months.
    In March 2019, the GMT updated the projections for the nearshore 
rockfish species south of 40[deg]10' N lat. with commercial fishing 
data through the end of 2018. Estimated mortality for 2018 for these 
species was 682.5 mt, or 58 percent, of a 1,179 mt harvest guideline. 
Under the current trip limits, projected landings for the commercial 
sector in 2019 for nearshore rockfish south of 40[deg]10' N lat. is 
584.5 mt of 1,138 mt harvest guideline, or 51.37 percent. Of that 
vessels are estimated to take 46 mt of deeper nearshore rockfish 
species, which is 10 mt less than the 2019-20 biennial harvest 
specifications analysis projected for 2019. Increasing the commercial 
trip limits for deeper nearshore rockfish is expected to increase 
commercial landings by 2 mt to 48 mt resulting in 0.17 percent increase 
in overall attainment of the harvest guideline from 51.37 percent 
(584.5 mt) to 51.54 percent (586.5 mt) of the harvest guideline.
    For these reasons, the Council recommended and NMFS is implementing 
an increase to the LEFG and OA fixed gear trip limits for deeper 
nearshore rockfish south of 40[deg]10' N lat. NMFS is modifying Table 2 
(South) part 660, subpart E, and Table 3 (South) part 660, subpart F, 
trip limits for deeper nearshore minor rockfish. The trip limits will 
increase from 1,000 lb (454 kg) per two months to 1,200 lb (544 kg) per 
two months beginning June 4, 2019 with Period 3 (May-June) and 
extending through Period 6. Period 2 will remain closed.
Impacts to Yelloweye Rockfish From Inseason Changes to Nearshore 
Fisheries
    The primary objective of nearshore fisheries north and south of 
40[deg]10' N lat. has been to maximize opportunity for target stocks 
while staying within the overfishing/rebuilding species limits, in 
particular yelloweye rockfish. Therefore, any time the Council 
considers an increase to trip limits for vessels targeting nearshore 
rockfish, impacts to yelloweye rockfish must also be considered. The 
2019 yellow rockfish ACL is 48 mt and the harvest guideline is 42 mt. 
The nearshore harvest

[[Page 25710]]

guideline is 6.2 mt with a nearshore annual catch target of 4.9 mt. The 
2019-2020 biennial harvest specifications analysis projected total 
mortality of yelloweye rockfish in California's nearshore fishery at 
0.6 mt of their 1.6 mt share, of which 0.4 mt would be taken north of 
40[deg]10' N lat. and 0.2 mt would be taken south. Using updated 
commercial fishery information through 2018, under the current trip 
limits projected impacts to yelloweye rockfish in 2019 resulting from 
vessels targeting nearshore rockfish north and south of 40[deg]10' N 
lat. are 0.59 mt. Increasing the trip limits for California's nearshore 
rockfish fishery north of 40[deg]10' N lat. would likely increase 
impacts to yelloweye rockfish by 0.1 mt resulting in 0.6 mt in 
cumulative impacts from vessels targeting nearshore rockfish north and 
south of 40[deg]10' N lat. These impacts are 0.7 mt less than 
California's share of the yelloweye rockfish harvest guideline for 
nearshore fisheries.

Blackgill Rockfish South of 40[deg]10' N Lat.

    Blackgill rockfish is a component stock that is managed within the 
Slope Rockfish complexes north and south of 40[deg]10' N lat. The 2017 
blackgill rockfish update assessment indicated the stock was at 39.4 
percent depletion at the start of 2017 and is estimated to be at 40 
percent in 2019. The 2019 blackgill rockfish south of 40[deg]10' N lat. 
harvest guideline is 158.9 mt, based on the blackgill rockfish 
contribution to the Slope Rockfish complex.
    At its April 2019 Council meeting, under Agenda Item G.4., the 
Council rescinded their original final action for removing blackgill 
rockfish from the Slope Rockfish complex as was selected at the 
November 2015 Council meeting (Agenda Item D.7.a, Supplemental GMT 
Report 2, June 2015). Instead, the Council selected the No Action 
Alternative, resulting in blackgill rockfish south of 40[deg]10' N lat. 
remaining in the southern Slope Rockfish complex and maintaining the 
Amendment 21 formal sector allocation of 63 percent of the annual 
harvestable surplus (as defined by the fishery harvest guideline) of 
southern Slope Rockfish to trawl sectors and 37 percent of the annual 
harvestable surplus to non-trawl sectors. This results in allocating 
100.1 mt to the trawl sector and 58.8 mt to the non-trawl sector in 
2019, an increase of 13.3 mt over the 2018 non-trawl allocation (45.5 
mt).
    Once the Council selected the No Action Alternative, they 
recommended the GMT investigate the possibility of increasing the 
current trip limits for blackgill rockfish for LEFG and OA south of 
40[deg]10' N lat. Increases to the current trip limits, which have been 
in place since 2015, had not been considered until now as constituents 
waited for implementation of Amendment 26 and removal of blackgill 
rockfish from the Slope Rockfish complex. Under the current slope and 
blackgill rockfish trip limits south of 40[deg]10' N lat., during 
periods 1-3 (January-June) LEFG vessels are allowed to harvest 40,000 
lb (18,143 kg) per two months of slope rockfish, of which no more than 
1,375 lb (624 kg) may be blackgill rockfish. During periods 3 through 6 
(July through December), those limits increase to 40,000 lb (18,143 kg) 
per two months of slope rockfish, of which no more than 1,600 lb (726 
kg) may be blackgill rockfish. Estimated mortality for the LEFG fishery 
under these limits is 20 mt. Vessels fishing in the OA fishery south of 
40[deg]10' N lat. during periods 1-3 (January through June) are allowed 
to harvest 10,000 lb (4,536 kg) per two months, of which no more than 
475 lb (215 kg) may be blackgill rockfish; for periods 4-6 (July 
through December) those limits increase to 10,000 lb (4,536 kg) per two 
months, of which no more than 550 lb (249 kg) may be blackgill 
rockfish. Estimated mortality for the OA fishery under these limits is 
1.9 mt. Combined impacts to blackgill rockfish from the LEFG and OA 
sector are likely to be 21.9 mt or 37 percent of the 58.8 mt non-trawl 
allocation.
    The GMT further investigated trip limit alternatives and found the 
limits for blackgill rockfish could be increased to 4,000 lb (1,814 kg) 
per two months for the LEFG vessels and up to 900 lb (408 kg) for the 
OA vessels. The estimated blackgill rockfish mortality for the LEFG 
fishery would be 41.7 mt and for the OA fishery it would be 2.6 mt. The 
cumulative impacts to blackgill rockfish would be 44.3 mt, 14.5 mt less 
than the non-trawl allocation of blackgill rockfish south of 40[deg]10' 
N lat. (58.8 mt).
    Therefore, the Council recommended and NMFS is implementing 
increases to the blackgill rockfish trip limits for the LEFG and OA 
fisheries south of 40[deg]10' N lat. as follows. On June 4, 2019, the 
LEFG trip limits for periods 3-6 (May through December) would increase 
to 40,000 lb (18,143 kg) per two months of slope rockfish, of which no 
more than 4,000 lb (1,814 kg) may be blackgill rockfish, and the OA 
trip limits for period 3-6 (May through December) would increase to 
10,000 lb (4,536 kg) per two months, of which no more than 800 lb (363 
kg) may be blackgill rockfish.

Lingcod South of 40[deg]10' N Lat.

    During development of the 2019-2020 harvest specifications, the 
Council recommended deviating from the default harvest control rules 
for lingcod north and south of 40[deg]10' N lat., reflecting greater 
confidence in the current stock assessment. The 2019 ACL for the 
northern stock is 4,871 mt with a fishery harvest guideline of 4,593 
mt. The ACL for the southern stock is 1,039 mt with a fishery harvest 
guideline of 1,028 mt. The fishery harvest guideline is split between 
the trawl and non-trawl sectors according to the Amendment 21 
allocations as specified at Sec.  660.55(c) and Chapter 6 of the 
PCGFMP. Under this split, the trawl sector received 462.5 mt, or 45 
percent, of the 2019 harvest guideline for lingcod south of 40[deg]10' 
N lat. and the non-trawl sector received 565.2 mt, or 55 percent, of 
the 2019 harvest guideline. The non-trawl percentage is shared between 
the limited entry fixed gear, open access, and recreational fisheries.
    Between 2013 and 2018, the trawl sector had harvested less than 10 
percent annually of their lingcod south allocation, while the non-trawl 
sector has harvested between 70 and 125 percent of their allocation 
annually during the same 5-year period. The non-trawl sector exceeded 
their allocation in 2015 and 2016 by at least 24 percent or 120 mt each 
year resulting in a less optimistic outlook for lingcod south of 
40[deg]10' N lat. in 2017. The analysis completed in January 2018 for 
the 2019-2020 harvest specifications used fishery data through the 2016 
fishing year which suggested a more precautionary approach for the 
recreational bag limit and OA trip limits was necessary to prevent the 
non-trawl allocation from being exceeded again.
    At the April 2019 Council meeting, CDFW presented updated catch 
projections for 2019 and 2020 based on updated commercial and 
recreational catch information through 2018. Under the current trip 
limits for LEFG south of 40[deg]10' N lat. (Period 1: 200 lb [91 kg] 
per 2 months, Period 2: closed, Period 3: 800 lb [363 kg] per two 
months, Periods 4 and 5: 1,200 lb [544 kg], Period 6-November: 600 lb 
[272 kg], and Period 6-December: 300 lb [136 kg]) and OA fisheries 
(Period 1: 300 lb [136 kg] per two months, Period 2: closed, and 
Periods 3 through 6: 300 lb [136 kg]) commercial impacts are projected 
to be 40 mt. Under the one lingcod bag limit for recreational fisheries 
projected impacts for the recreational sector are 315 mt in 2019. 
Combined lingcod impacts for both LEFG and OA sectors is 365.4 mt or 65 
percent of the 2019

[[Page 25711]]

non-trawl harvest guideline (565 mt) for lingcod south of 40[deg]10' N 
lat. Therefore, the Council recommended the GMT consider the impacts of 
increasing both the commercial trip limits and recreational bag limit 
for lingcod south of 40[deg]10' N lat.
    Based on the GMT's analysis, increasing the trip limits for LEFG 
vessels targeting lingcod south of 40[deg]10' N lat. to 1,200 lb (544 
kg) per two months for all remaining periods (assuming a June 1, 2019 
implementation date) would increase the impacts to lingcod from 6.1 mt 
to 8.2 mt. Increasing the trip limits for OA vessels targeting lingcod 
south of 40[deg]10' N lat. to 500 lb (227 kg) for all remaining periods 
(assuming a June 1, 2019 implementation date) would increase the 
impacts to lingcod from 33.9 mt to 49.3 mt. Cumulative impacts for both 
sectors would increase from 40 mt to 58 mt. Increasing the recreational 
bag limit from one lingcod to two lingcod in 2019 would increase the 
impacts to lingcod from 223 mt to 411 mt. Total non-trawl impacts for 
both sectors would increase from 264 mt to 456 mt or from 47 percent of 
the non-trawl harvest guideline (565.2 mt) to 81 percent.
    Therefore, the Council recommended and NMFS is implementing 
increases to commercial trip limits for LEFG and OA vessels beginning, 
June 4, 2019. LEFG trip limits will increase to 1,200 lb (544 kg) for 
all remaining periods and OA fishery trip limits will increase to 500 
lb (227 kg) for all remaining periods. The recreational bag limit for 
vessels targeting lingcod south of 40[deg]10' N lat. in the 
recreational fishery will increase from one lingcod to two lingcod. The 
increase to the recreational bag limit for lingcod south of 40[deg]10' 
N lat. is effective upon publication of this notice.

Recreational Bag Limit Changes

    At the March 2019 Council meeting, the GMT received a request from 
recreational fishing representatives to analyze an increase to the bag 
and sub-bag limits south of 40[deg]10' N lat. for lingcod, canary 
rockfish, and black rockfish. During development of the 2019-2020 
harvest specifications, recreational catch information from 2018 was 
not yet available and limits were established based on recreational 
data from 2016 and preliminary data from the 2017 fishing year. The 
California Department of Fish and Wildlife (CDFW) provided updated 
recreational catch data through 2018 at the March 2019 Council meeting. 
Based on the following updated information and analysis, the Council 
recommended NMFS increase the lingcod, canary rockfish and black 
rockfish bag limits for the recreational sector. The Council's 
recommended recreational bag limit changes for Lingcod south of 
40[deg]10' N lat. from the April 2019 meeting are discussed above.

Canary Rockfish

    New data from 2018 show canary rockfish mortality was below the 
2017 and 2018 California recreational harvest guidelines of 135 mt for 
each year. Estimated attainment was 61 percent (82.1 mt) of the 
recreational harvest guideline in 2017, and 43 percent (58.4 mt) in 
2018. Using the full year of 2018 recreational data to project 
attainment in 2019 under the current two fish bag limit, vessels are 
expected to attain 81 percent (103 mt) of the 127.3 mt harvest 
guideline in 2019. Attainment is expected to increase to 86 percent in 
2020 under a smaller harvest guideline (119.7 mt). Under a three fish 
bag limit for canary rockfish, expected attainment would be 117.4 mt, 
which is 92 percent of 2019 California recreational harvest guideline 
(127.3 mt) and 98 percent of the 2020 harvest guideline (119.7 mt). The 
GMT also considered projected attainment under a four fish bag limit, 
but did not recommend the Council take this option as it would likely 
result in exceeding the recreational harvest guideline in 2020.
    Therefore, the Council recommend and NMFS is implementing an 
increase to the recreational bag limit for canary rockfish from two 
fish to three fish. Increasing the bag limit for canary rockfish will 
allow vessel operators to access healthy canary rockfish stock that had 
previously been off-limit to recreational fishing due to their 
overfished status. CDFW monitors canary rockfish catch weekly through 
its California Recreational Fisheries Survey. For these reasons, the 
Council recommended and NMFS is implementing an increase to the 
recreational sub-bag limit for canary rockfish from two to three fish 
at Sec.  660.360 for the California recreational fishery.

Black Rockfish

    In 2015, state-specific stock assessments were conducted for black 
rockfish which allowed the Council to consider state harvest limits 
beginning with the next biennium. In 2017, as part of the biennial 
harvest specifications, the Council recommended and NMFS established a 
California-specific ACL and harvest guideline for black rockfish (see 
Table 1a to part 660, subpart C) which is split north and south of 
40[deg]10' N lat. Unlike other species, the harvest guideline is not 
allocated between the trawl and non-trawl sectors, but it is shared 
between the recreational and commercial fixed gear fisheries. Black 
rockfish is managed in the recreational sector through the use of a 
sub-bag limit which is part of the overall rockfish, cabezon, and 
greenling bag limit. In the commercial sector, black rockfish is part 
of the deeper nearshore fishery, and bimonthly trip limits are set 
separately north and south of 40[deg]10' N lat. (See the section above 
on the deeper nearshore fishery for more information on those 
commercial trip limits.)
    Updated catch information for black rockfish from 2017 shows the 
combined commercial and recreational catch was 155 mt of a 333 mt 
harvest guideline or 46 percent. Combined commercial and recreational 
catch for black rockfish in 2018 was 140 mt of a 331 mt harvest 
guideline or 42 percent. The current recreational bag limit is three 
fish. Under the current three-fish sub-bag limit for black rockfish 
projected total commercial and recreational catch is 204.3 mt each year 
in 2019 and 2020, assuming the commercial sector catches their full 100 
mt share (95 mt between 42[deg] and 40[deg]10' N lat.; 5 mt south of 
40[deg]10' N lat.). The projected attainment of black rockfish is 62 
percent of the 328 mt harvest guideline in 2019 and 63 percent of the 
325 mt harvest guideline in 2020.
    In March 2019, the GMT projected total catch under four and five 
fish bag limits for black rockfish. Assuming the commercial sector 
takes their full share (100 mt), under a four fish bag limit, total 
catch of black rockfish increases to 265.1 mt or 81 percent of the 328 
mt harvest guideline in 2019 and 82 percent of the 325 mt harvest 
guideline in 2020. Under a five fish bag limit, assuming the same 
commercial catch, total harvest increases to 327.4 mt or 100 percent of 
the harvest guideline in 2019 and 101 percent of the harvest guideline 
in 2020.
    Increasing the bag limit for black rockfish will allow vessel 
operators to access healthy black rockfish stocks. CDFW monitors black 
rockfish catch weekly through its California Recreational Fisheries 
Survey. In the unlikely event that a state-specific harvest guideline 
is attained or projected to be attained prior to a Council meeting, 
NMFS has the regulatory authority at Sec.  660.60(c)(4) to restrict 
catch of black rockfish. Therefore, the Council recommended and NMFS is 
implementing an increase to the black rockfish sub-bag limit from three 
to four fish at Sec.  660.360 for the California recreational fishery. 
The Council did not select the higher five-fish sub-bag limit due to 
the potential for high catch around the San Francisco

[[Page 25712]]

Management Area. Instead the Council chose a more precautionary 
approach at this time and can adjust the bag limits in the future if 
new information warrants an adjustment.

Lingcod Off-the-Top Deductions

    NMFS sets ACLs for non-whiting groundfish stocks and stock 
complexes as part of biennial harvest specifications and management 
measures. Deductions are made ``off-the-top'' from the ACL to ``set-
aside'' an amount for various sources of mortality, including non-
groundfish fisheries that catch groundfish incidentally, also called 
incidental open access (IOA) fisheries, as well as for research, tribal 
harvest, and recreational catch.
    During development of the 2019-2020 harvest specifications the GMT 
made recommendations to the Council for off-the-top deductions from the 
ACLs, including deductions for EFPs for the 2019-2020 fishing years. On 
March 18, 2019, participants in the San Francisco Community Fishing 
Association EFP, also known as the Emley/Platt EFP, notified NMFS of an 
error in the allocation amount for lingcod south of 40[deg]10' N lat. 
At the Council's June 2018 meeting, the participants had requested a 
1.5 mt set-aside each of lingcod north and south of 40[deg]10' N lat. 
for 2019 but had only received an amount for lingcod north. NMFS 
reviewed the GMT recommendations as well as the application and Council 
discussion on this topic and found the set-aside for lingcod south of 
40[deg]10' N lat. for the Emley/Platt EFP was mistakenly left off the 
GMT recommendations to the Council. Therefore, in order to provide some 
relief to the participants in the Emley/Platt EFP, the GMT recommended 
the Council redistribute 1 mt of lingcod south of 40[deg]10' N lat. 
research catch and 0.5 mt of incidental open access catch. This 
redistribution results in an incidental open access amount of 7.6 mt, a 
research catch amount of 2.2 mt, and an EFP catch amount of 1.5 mt. 
Total mortality in both the IOA and research sectors has been less than 
their set-aside amounts between 2014 and 2017. The average research 
catch for lingcod south of 40[deg]10' N lat. during that time was 2.0 
mt of out of a 3.2 mt set-aside. The average IOA catch for lingcod 
south of 40[deg]10' N lat. between 2014 and 2017 was 6.9 mt out of an 
8.1 mt set-aside.
    Therefore, NMFS is implementing the Council's recommendation to 
redistribute a total of 1.5 mt of lingcod south of 40[deg]10' N lat. 
from the set-asides for IOA and research catch to the set-aside for 
EFPs to be used by the participants in the Emley/Platt EFP.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best scientific information 
available, 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 by contacting Karen Palmigiano in NMFS West Coast 
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the 
NMFS West Coast Groundfish website: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/.
    Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior 
public notice and an opportunity for public comment on this action, as 
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 in California. No aspect 
of this action is controversial, and changes of this nature were 
anticipated in the final rule for the 2019-2020 harvest specifications 
and management measures which published on December 12, 2018 (83 FR 
63970).
    At its March and April 2019 meetings, the Council recommended 
increases to the commercial trip limits and recreational bag limits be 
implemented as soon as possible. Each of the adjustments to commercial 
and recreational management measures in this rule will create more 
harvest opportunity and allow fishermen to better attain species that 
are currently under attained without causing any additional impacts to 
the fishery, including to rebuilding stocks. Each of these recommended 
adjustments also rely on new catch data that were not available and 
thus not considered during the 2019-2020 biennial harvest 
specifications process. New catch information through the end of the 
2018 fishing year shows that attainment of these target species 
(canary, black, blackgill rockfish, and lingcod south of 40[deg]10' N 
lat., and Nearshore Rockfish complexes north and south of 40[deg]10' N 
lat.) has been below 60 percent of their respective management points 
(i.e., harvest guideline, annual catch limit, or non-trawl allocation) 
in 2018 and would likely remain below their state catch targets under 
status quo limits in 2019 and 2020. While it is difficult to assess the 
specific overall economic impact, this action would provide immediate 
economic benefits to the fishing industry. As an example, the 2018 
commercial minor nearshore rockfish landings accounted for 5.1 percent 
of ex-vessel revenue from the groundfish fishery in California, and the 
ex-vessel revenue for the California nearshore fixed gear fleet 
targeting minor nearshore rockfish in 2018 was $560,937. The increase 
in trip limits for the nearshore fleet could provide an increase in ex-
vessel revenue of $69,753, or 11 percent, based on average price per 
pound of all minor nearshore rockfish species combined. Increased trip 
limits for lingcod and blackgill rockfish would provide immediate 
economic benefits for the LEFG and OA sectors. The blackgill rockfish 
trip limits have been in place since 2015, even though the species has 
been under-attained compared to its contribution to the non-trawl 
allocation of the southern Slope Rockfish complex. California accounts 
for 84 percent of the coastwide groundfish recreational trips, with 
742,235 average annual recreational marine boat trips from 2012-2016. 
Providing increased retention for recreational bag limits came at the 
direct request of an industry representative who expressed interest in 
pursuing these target species which in turn, is expected to provide a 
positive economic benefit to charter operations, private skiff anglers 
and associated fish businesses. Delaying implementation to allow for 
public comment would likely reduce the economic benefits to the 
commercial and recreational sectors because much of the fishing season 
would be over before the new regulations could be implemented. 
Therefore, providing a comment period for this action could 
significantly limit the economic benefits to the fishery, and would 
hamper the achievement of optimum yield from the affected fisheries.
    Therefore, the NMFS finds reason 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 upon publication in the Federal Register. The 
adjustments to management measures in this document affect commercial 
and recreational fisheries by increasing opportunity and relieving 
participants of the more restrictive trip and bag limits. These 
adjustments were requested by the Council, as well as members of 
industry during the Council's March and April 2019 meetings, and 
recommended unanimously by the Council. No aspect of this action is 
controversial, and changes of this nature were anticipated in the 
biennial harvest specifications

[[Page 25713]]

and management measures established through a notice and comment 
rulemaking for 2019-2020 (82 FR 63970).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: May 30, 2019.
Jennifer M. Wallace,
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. Revise Table 1a to part 660, subpart C, to read as follows:

           Table 1a to Part 660, Subpart C--2019, Specifications of OFL, ABC, ACL, ACT and Fishery HG
                                            [Weights in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Fishery HG
       Stocks/stock complexes                  Area               OFL          ABC         ACL a          b
----------------------------------------------------------------------------------------------------------------
COWCOD \c\..........................  S of 40[deg]10' N lat.           74           67           10            8
COWCOD..............................  (Conception)..........           61           56           NA           NA
COWCOD..............................  (Monterey)............           13           11           NA           NA
YELLOWEYE ROCKFISH \d\..............  Coastwide.............           82           74           48           42
Arrowtooth Flounder \e\.............  Coastwide.............       18,696       15,574       15,574       13,479
Big Skate \f\.......................  Coastwide.............          541          494          494          452
Black Rockfish \g\..................  California (S of                344          329          329          328
                                       42[deg] N lat.).
Black Rockfish \h\..................  Washington (N of                312          298          298          280
                                       46[deg]16' N lat.).
Bocaccio \i\........................  S of 40[deg]10' N lat.        2,194        2,097        2,097        2,051
Cabezonz \j\........................  California (S of                154          147          147          147
                                       42[deg] N lat).
California Scorpionfish \k\.........  S of 34[deg]27' N lat.          337          313          313          311
Canary Rockfish \l\.................  Coastwide.............        1,517        1,450        1,450        1,383
Chilipepper Rockfish m..............  S. of 40[deg]10' N lat        2,652        2,536        2,536        2,451
Darkblotched Rockfish \n\...........  Coastwide.............          800          765          765          731
Dover Sole \o\......................  Coastwide.............       91,102       87,094       50,000       48,404
English Sole \p\....................  Coastwide.............       11,052       10,090       10,090        9,874
Lingcod \q\.........................  N of 40[deg]10' N lat.        5,110        4,885        4,871        4,593
Lingcod \r\.........................  S of 40[deg]10' N lat.        1,143        1,093        1,039        1,028
Longnose Skate \s\..................  Coastwide.............        2,499        2,389        2,000        1,852
Longspine Thornyhead \t\............  N of 34[deg]27' N lat.        4,112        3,425        2,603        2,553
Longspine Thornyhead \u\............  S.of 34[deg]27' N lat.                                    822          821
Pacific Cod \v\.....................  Coastwide.............        3,200        2,221        1,600        1,094
Pacific Whiting \w\.................  Coastwide.............        (\w\)        (\w\)        (\w\)        (\w\)
Pacific Ocean Perch \x\.............  N of 40[deg]10' N lat.        4,753        4,340        4,340        4,318
Petrale Sole \y\....................  Coastwide.............        3,042        2,908        2,908        2,587
Sablefish \z\.......................  N of 36[deg] N lat....        8,489        7,750        5,606            *
Sablefish \aa\......................  S of 36[deg] N lat....                                  1,990        1,986
Shortbelly Rockfish \bb\............  Coastwide.............        6,950        5,789          500          483
Shortspine Thornyhead \cc\..........  N of 34[deg]27' N lat.        3,089        2,573        1,683        1,618
Shortspine Thornyhead \dd\..........  S of 34[deg]27' N lat.                                    890          889
Spiny Dogfish \ee\..................  Coastwide.............        2,486        2,071        2,071        1,738
Splitnose Rockfish \ff\.............  S of 40[deg]10' N lat.        1,831        1,750        1,750        1,733
Starry Flounder \gg\................  Coastwide.............          652          452          452          433
Widow Rockfish \hh\.................  Coastwide.............       12,375       11,831       11,831       11,583
Yellowtail Rockfish \ii\............  N. of 40[deg]10' N lat        6,568       6,279.        6,279        5,234
Black Rockfish/Blue Rockfish/Deacon   Oregon (Between                 677          617          617          616
 Rockfish \jj\.                        46[deg]16' N lat. and
                                       42[deg] N lat.).
Cabezon/Kelp Greenling \kk\.........  Oregon (Between                 230          218          218          218
                                       46[deg]16' N lat. and
                                       42[deg] N lat.).
Cabezon/Kelp Greenling \ll\.........  Washington (N of                 13           11           11           11
                                       46[deg]16' N lat.).
Nearshore Rockfish \mm\.............  N of 40[deg]10' N lat.           91           81           81           79
Shelf Rockfish \nn\.................  N of 40[deg]10' N lat.        2,309        2,054        2,054        1,977
Slope Rockfish \oo\.................  N of 40[deg]10' N lat.        1,887        1,746        1,746        1,665
Nearshore Rockfish \pp\.............  S of 40[deg]10' N lat.        1,300        1,145        1,142        1,138
Shelf Rockfish \qq\.................  S of 40[deg]10' N lat.        1,919        1,625        1,625        1,546
Slope Rockfish \rr\.................  S of 40[deg]10' N lat.          856          744          744          724
Other Flatfish \ss\.................  Coastwide.............        8,750        6,498        6,498        6,249
Other Fish \tt\.....................  Coastwide.............          286          239          239          230
----------------------------------------------------------------------------------------------------------------
* See Table 1c.
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.
\c\ Cowcod south of 40[deg]10' N lat. 2 mt is deducted from the ACL to EFP fishing (less than 0.1 mt) and
  research activity (2 mt), resulting in a fishery HG of 8 mt. Any additional mortality in research activities
  will be deducted from the ACL. A single ACT of 6 mt is being set for the Conception and Monterey areas
  combined.
\d\ Yelloweye rockfish. The 48 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 6.1 mt is deducted from the ACL to accommodate the Tribal fishery
  (2.3 mt), the incidental open access fishery (0.62 mt), EFP catch (0.24 mt) and research catch (2.92 mt),
  resulting in a fishery HG of 42 mt. The non-trawl HG is 38.6 mt. The non-nearshore HG is 2.0 mt and the
  nearshore HG is 6.0 mt. Recreational HGs are: 10 mt (Washington); 8.9 mt (Oregon); and 11.6 mt (California).
  In addition, there are the following ACTs: Non-nearshore (1.6 mt), nearshore (4.7 mt), Washington recreational
  (7.8 mt), Oregon recreational (7.0 mt), and California recreational (9.1 mt).
\e\ Arrowtooth flounder. 2,094.9 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), the
  incidental open access fishery (40.8 mt), EFP fishing (0.1 mt), and research catch (13 mt), resulting in a
  fishery HG of 13,479 mt.
\f\ Big skate. 41.9 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), the incidental open
  access fishery (21.3 mt), EFP fishing (0.1 mt), and research catch (5.5 mt), resulting in a fishery HG of 452
  mt.
\g\ Black rockfish (California). 1.3 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt) and
  incidental open access fishery (0.3 mt), resulting in a fishery HG of 328 mt.
\h\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 280 mt.
\i\ Bocaccio south of 40[deg]10' N lat. The stock is managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 46.1 mt is deducted
  from the ACL to accommodate the incidental open access fishery (0.5 mt), EFP catch (40 mt) and research catch
  (5.6 mt), resulting in a fishery HG of 2,051 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 863.4 mt.
\j\ Cabezon (California). 0.3 mt is deducted from the ACL to accommodate the incidental open access fishery,
  resulting in a fishery HG of 147 mt.

[[Page 25714]]

 
\k\ California scorpionfish south of 34[deg]27' N lat. 2.4 mt is deducted from the ACL to accommodate the
  incidental open access fishery (2.2 mt) and research catch (0.2 mt), resulting in a fishery HG of 311 mt.
\l\ Canary rockfish. 67.1 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), the incidental
  open access fishery (1.3 mt), EFP catch (8 mt), and research catch (7.8 mt), resulting in a fishery HG of
  1,383 mt. Recreational HGs are: 47.1 mt (Washington); 70.7 mt (Oregon); and 127.3 mt (California).
\m\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 84.9 mt is deducted from the ACL to accommodate the incidental open access fishery (11.5 mt), EFP fishing
  (60 mt), and research catch (13.4 mt), resulting in a fishery HG of 2,451 mt.
\n\ Darkblotched rockfish. 33.8 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), the
  incidental open access fishery (24.5 mt), EFP catch (0.6 mt), and research catch (8.5 mt) resulting in a
  fishery HG of 731 mt.
\o\ Dover sole. 1,595.6 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), the incidental
  open access fishery (49.3 mt), EFP fishing (0.1 mt), and research catch (49.2 mt), resulting in a fishery HG
  of 48,404 mt.
\p\ English sole. 216.2 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the incidental
  open access fishery (8.1 mt), EFP fishing (0.1 mt), and research catch (8 mt), resulting in a fishery HG of
  9,874 mt.
\q\ Lingcod north of 40[deg]10' N lat. 278 mt is deducted from the ACL for the Tribal fishery (250 mt), the
  incidental open access fishery (9.8 mt), EFP catch (1.6 mt) and research catch (16.6 mt), resulting in a
  fishery HG of 4,593 mt.
\r\ Lingcod south of 40[deg]10' N lat. 11.3 mt is deducted from the ACL to accommodate the incidental open
  access fishery (8.1 mt) and research catch (3.2 mt), resulting in a fishery HG of 1,028 mt. On June 4, 2019 1
  mt of research catch and 0.5 mt of incidental open access catch were redistributed to the deduction for EFP
  catch. This redistribution results in an incidental open access amount of 7.6 mt, a research catch amount of
  2.2 mt, and an EFP catch amount of 1.5 mt.
\s\ Longnose skate. 148.3 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), incidental
  open access fishery (5.7 mt), EFP catch (0.1 mt), and research catch (12.5 mt), resulting in a fishery HG of
  1,852 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 50.4 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), the incidental open access fishery (6.2 mt), and research catch (14.2 mt), resulting in a
  fishery HG of 2,553 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 1.4 mt is deducted from the ACL to accommodate research
  catch, resulting in a fishery HG of 821 mt.
\v\ Pacific cod. 506.2 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.5 mt), EFP fishing (0.1 mt), and the incidental open access fishery (0.6 mt), resulting in a fishery HG of
  1,094 mt.
\w\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
  consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced after the Council's April 2019
  meeting.
\x\ Pacific ocean perch north of 40[deg]10' N lat. 22.4 mt is deducted from the ACL to accommodate the Tribal
  fishery (9.2 mt), the incidental open access fishery (10 mt), EFP fishing (0.1 mt), and research catch (3.1
  mt) resulting in a fishery HG of 4,318 mt.
\y\ Petrale sole. 320.6 mt is deducted from the ACL to accommodate the Tribal fishery (290 mt), the incidental
  open access fishery (6.4 mt), EFP catch (0.1 mt), and research catch (24.1 mt), resulting in a fishery HG of
  2,587 mt.
\z\ Sablefish north of 36[deg] N lat. The 40-10 adjustment is applied to the ABC to derive a coastwide ACL value
  because the stock is in the precautionary zone. This coastwide ACL value is not specified in regulations. The
  coastwide ACL value is apportioned north and south of 36[deg] N lat., using the 2003-2014 average estimated
  swept area biomass from the NMFS NWFSC trawl survey, with 73.8 percent apportioned north of 36[deg] N lat. and
  26.2 percent apportioned south of 36[deg] N lat. The northern ACL is 5,606 mt and is reduced by 561 mt for the
  Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 561 mt Tribal allocation is reduced by
  1.5 percent to account for discard mortality. Detailed sablefish allocations are shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 1,990 mt (26.2 percent of
  the calculated coastwide ACL value). 4.2 mt is deducted from the ACL to accommodate the incidental open access
  fishery (1.8 mt) and research catch (2.4 mt), resulting in a fishery HG of 1,986 mt.
\bb\ Shortbelly rockfish. 17.2 mt is deducted from the ACL to accommodate the incidental open access fishery
  (8.9 mt), EFP catch (0.1 mt), and research catch (8.2 mt), resulting in a fishery HG of 483 mt.
\cc\ Shortspine thornyhead north of 34[deg]27' N lat. 65.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), the incidental open access fishery (4.7 mt), EFP catch (0.1 mt), and research catch (10.5
  mt), resulting in a fishery HG of 1,618 mt for the area north of 34[deg]27' N lat.
\dd\ Shortspine thornyhead south of 34[deg]27' N lat. 1.2 mt is deducted from the ACL to accommodate the
  incidental open access fishery (0.5 mt) and research catch (0.7 mt), resulting in a fishery HG of 889 mt for
  the area south of 34[deg]27' N lat.
\ee\ Spiny dogfish. 333 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), the incidental
  open access fishery (22.6 mt), EFP catch (1.1 mt), and research catch (34.3 mt), resulting in a fishery HG of
  1,738 mt.
\ff\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 16.6 mt is deducted
  from the ACL to accommodate the incidental open access fishery (5.8 mt), research catch (9.3 mt) and EFP catch
  (1.5 mt), resulting in a fishery HG of 1,733 mt.
\gg\ Starry flounder. 18.8 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), EFP catch (0.1
  mt), research catch (0.6 mt), and the incidental open access fishery (16.1 mt), resulting in a fishery HG of
  433 mt.
\hh\ Widow rockfish. 248.4 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the
  incidental open access fishery (3.1 mt), EFP catch (28 mt) and research catch (17.3 mt), resulting in a
  fishery HG of 11,583 mt.
\ii\ Yellowtail rockfish north of 40[deg]10' N lat. 1,045.1 mt is deducted from the ACL to accommodate the
  Tribal fishery (1,000 mt), the incidental open access fishery (4.5 mt), EFP catch (20 mt) and research catch
  (20.6 mt), resulting in a fishery HG of 5,234 mt.
\jj\ Black rockfish Blue rockfish Deacon rockfish (Oregon). 1.2 mt is deducted from the ACL to accommodate the
  incidental open access fishery (0.3 mt) and EFP catch (0.9 mt), resulting in a fishery HG of 616 mt.
\kk\ Cabezon kelp greenling (Oregon). 0.2 mt is deducted from the ACL to accommodate EFP catch, resulting in a
  fishery HG of 218 mt.
\ll\ Cabezon kelp greenling (Washington). There are no deductions from the ACL so the fishery HG is equal to the
  ACL of 11 mt.
\mm\ Nearshore Rockfish north of 40[deg]10' N lat. 2.8 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), EFP fishing (0.1 mt), research catch (0.3 mt) and the incidental open access fishery (0.9
  mt), resulting in a fishery HG of 79 mt.
\nn\ Shelf Rockfish north of 40[deg]10' N lat. 76.9 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), the incidental open access fishery (17.7 mt), EFP catch (4.5 mt), and research catch (24.7
  mt), resulting in a fishery HG of 1,977 mt.
\oo\ Slope Rockfish north of 40[deg]10' N lat. 80.8 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), the incidental open access fishery (21.7 mt), EFP catch (1.5 mt), and research catch (21.6
  mt), resulting in a fishery HG of 1,665 mt.
\pp\ Nearshore Rockfish south of 40[deg]10' N lat. 4.1 mt is deducted from the ACL to accommodate the incidental
  open access fishery (1.4 mt) and research catch (2.7 mt), resulting in a fishery HG of 1,138 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 79.1 mt is deducted from the ACL to accommodate the incidental
  open access fishery (4.6 mt), EFP catch (60 mt), and research catch (14.5 mt), resulting in a fishery HG of
  1,546 mt.
\rr\ Slope Rockfish south of 40[deg]10' N lat. 20.2 mt is deducted from the ACL to accommodate the incidental
  open access fishery (16.9 mt), EFP catch (1 mt), and research catch (2.3 mt), resulting in a fishery HG of 724
  mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N lat.
  set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 159 mt.
\ss\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: Butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 249.5 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), the incidental open
  access fishery (161.6 mt), EFP fishing (0.1 mt), and research catch (27.8 mt), resulting in a fishery HG of
  6,249 mt.
\tt\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 8.9 mt is deducted from the ACL to accommodate the incidental open access fishery (8.8 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 230 mt.


0
3. Revise Tables 2 (North) and 2 (South) to part 660, subpart E, to 
read as follows:
BILLING CODE 3510-22-P

[[Page 25715]]

[GRAPHIC] [TIFF OMITTED] TR04JN19.004


[[Page 25716]]


[GRAPHIC] [TIFF OMITTED] TR04JN19.005


0
4. Revise Tables 3 (North) and 3 (South) to part 660, subpart F, to 
read as follows:

[[Page 25717]]

[GRAPHIC] [TIFF OMITTED] TR04JN19.006


[[Page 25718]]


[GRAPHIC] [TIFF OMITTED] TR04JN19.007


[[Page 25719]]


[GRAPHIC] [TIFF OMITTED] TR04JN19.008


[[Page 25720]]


[GRAPHIC] [TIFF OMITTED] TR04JN19.009


0
5. In Sec.  660.360, paragraphs (c)(3)(ii)(B) and (c)(3)(iii)(B)(2) are 
revised to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (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 4 may be black 
rockfish, no more than 3 may be cabezon, and no more than 3 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.
* * * * *
    (iii) * * *
    (B) * * *
    (2) The bag limit between 40[deg]10' N lat. and the U.S. border 
with Mexico (Mendocino Management Area, San Francisco Management Area, 
Central Management Area, and Southern Management Area) is 2 lingcod per 
day.
* * * * *
[FR Doc. 2019-11610 Filed 6-3-19; 8:45 am]
 BILLING CODE 3510-22-C