Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and Management Measures; Inseason Adjustments, 250-264 [2019-27982]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
need to act expeditiously in individual
cases.
[FR Doc. 2019–27610 Filed 1–2–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–02]
RIN 0648–BJ43
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2019–2020 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
groundfish fisheries. This action is
intended to allow commercial fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
January 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491 or email: karen.palmigiano@noaa.
gov.
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
SUPPLEMENTARY INFORMATION:
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Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at 50 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
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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 harvest
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.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
limits (e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL] and harvest
guidelines [HG]) which are
recommended biennially by the Council
and based on the best scientific
information available at that time (50
CFR 660.60(b)). During development of
the harvest specifications, the Council
also recommends management measures
(e.g., trip limits, area closures, and bag
limits) that are meant to mitigate catch
so as not to exceed the harvest
specifications. The harvest
specifications and mitigation measures
developed for the 2019–2020 biennium
used data through the 2017 fishing year.
Throughout the 2019 fishing year, the
Council’s Groundfish Management
Team (GMT) monitored inseason catch
and updated catch projections based on
new information as it became available.
Based on those updated projections, and
requests from Council and industry
members to investigate potential for
inseason trip limit adjustments, the
Council recommended adjustments to
management measures at its March,
April, June, and September meetings.
NMFS subsequently implemented each
of the Council’s recommendations
through final rule and made a total of 13
adjustments during the 2019 fishing
year (84 FR 25708, June 4, 2019; 84 FR
37780, August 2, 2019; 84 FR 56142,
October 21, 2019). Each of the
adjustments to management measures
were based on updated fisheries
information that was unavailable when
the analysis for the current harvest
specifications was completed.
At its November 14–20, 2019 meeting,
the Council recommended adjustments
to the trip limits for vessels in the
limited entry fixed gear (LEFG) and
open access (OA) fisheries that are
targeting sablefish, lingcod, the Minor
Slope rockfish complex and
darkblotched rockfish, the Minor
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Nearshore Rockfish complex, deeper
nearshore rockfish complex, and
bocaccio for 2020. The Council also
recommended adjustments to the
Shorebased Individual Fishing Quota
(IFQ) Program fishery trip limits for big
skate for 2020.
The following adjustments rely on
analysis of commercial fisheries data
through mid-November 2019 to inform
catch projections for 2020 under the
current trip limits. As new fisheries data
becomes available, adjustments to
management measures are implemented
so as to help harvesters achieve but not
exceed the harvest limits.
Sablefish Trip Limits
Sablefish is an important commercial
species on the West Coast with vessels
targeting sablefish with both trawl and
fixed gear (longlines and pots/traps).
Sablefish is managed with area specific
ACLs that are apportioned north and
south of 36° N lat. with 73.8 percent
going to the north and 26.2 percent
going to the south.
Sablefish North
In 2019, the ACL for sablefish north
of 36° N lat. is 5,606 mt with a fishery
harvest guideline of 5,007 mt. For 2020,
the ACL for sablefish north is 5,723 mt,
with a fishery harvest guideline of 5,113
mt. The fishery harvest guideline for the
area north of 36 N lat. is further divided
between the LEFG and OA sectors with
90.6 percent going to the LEFG sector
and 9.4 percent going to the OA sector.
In 2019, the Council recommended,
and NMFS implemented, two inseason
adjustments to increase trip limits for
LEFG and OA vessels targeting sablefish
north and south of 36° N lat. (84 FR
37780, August 2, 2019; 84 FR 56142,
October 21, 2019). These trip limit
increases were possible because of
unanticipated low sablefish prices that
contributed to less than projected
fishery participation throughout 2019.
This low participation resulted in total
attainment, as of November 2019, of
around 50 percent of the LEFG and OA
portion of the fishery harvest guideline
for the area north of 36° N lat. and total
attainment around 10 percent of fixed
gear portion of the fishery harvest
guideline south of 36° N lat.
At the November 2019 Council
meeting, the Council’s GMT made
model-based landings projections under
current trip limits for 2020 based on the
most recent catch information available
through mid-November 2019. According
to the projections, under the current trip
limits, the LEFG and OA sectors
targeting sablefish north of 36° N lat.
would likely exceed their portion of the
fishery harvest guidelines in 2020 by 10
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percent and 25 percent, respectively.
Therefore, the GMT recommended the
Council consider starting the 2020
fishing year with a more conservative
trip limit, specifically the pre-season
2019 trip limit for LEFG and OA north
of 36° N lat. (Table 1). Based on the
GMT’s projections, under these more
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conservative trip limit options,
attainment for the LEFG fishery would
likely be around 84.1–91.2 percent and
67.7–93.1 percent for the OA fishery.
TABLE 1—CURRENT SABLEFISH NORTH TRIP LIMITS IN REGULATION AT THE END OF 2019 AND THOSE RECOMMENDED BY
THE COUNCIL FOR THE START OF THE 2020 FISHING YEAR
Trip Limits
Fishery
Jan–Feb
LEFG North of 36° N lat .......
March–April
May–June
July–Aug
Sept–Oct
Current: 1,300 lb (560 kg)/week, not to exceed 3,900 lb (1,769 kg)/two months.
Nov–Dec
Current: 1,700 lb (771 kg)/week, not to
exceed 5,100 lb (2,313 kg)/two months.
Recommended: 1,300 lb (560 kg)/week, not to exceed 3,900 lb (1,769 kg)/two months.
OA North of 36° N lat ............
Current: 300 lb (136 kg)/day; or one landing per week up to
1,200 lb (544 kg), not to exceed 2,400 lb (1089 kg)/two months.
Current: 300 lb (136
kg) day; or one
landing per week
up to 1,400 lb (635
kg), not to exceed
2,800 lb (1,270 kg)/
two months.
Current: 300 lb day (136 kg); or one landing per week up to 1,500 lb (680 kg),
not to exceed 3,000 lb (1,361)/two
months.
Recommended: 300 lb (136 kg)/day; or one landing per week up to 1,200 lb (544 kg), not to exceed 2,400 lb (1089 kg)/two months.
Sablefish South
The 2019 portion of the ACL for
sablefish south of 36° N lat. is 1,990 mt
with a fishery harvest guideline of 1,986
mt. For 2020, the ACL is slightly higher
at 2,032 mt, with a harvest guideline of
2,028 mt. South of 36° N lat., the fishery
harvest guideline is further divided
between the trawl (limited entry) and
non-trawl (LEFG and OA) sectors with
42 percent going to the trawl sector, and
the remaining 58 percent going to the
fixed gear sector.
In August 2019, NMFS implemented,
based on the Council’s June 2019
recommendation, an adjustment to the
trip limits for OA fishery which
increased the bimonthly limit from
3,200 lbs (1,452 kg) to 4,800 lbs (2,177
kg) to provide additional opportunities
for individuals in what is a very low
attainment fishery (Table 2) (84 FR
37780, August 2, 2019). At the
November 2019 meeting, the GMT made
model-based projections for attainment
in 2020 for the OA fishery targeting
sablefish south of 36° N lat. using the
trip limits currently in regulation. The
projections showed that even with the
higher bimonthly limit (4,800 lbs [2,177
kg] per two months) for the entire 2020
fishing year, instead of just the latter
half of the year as was done in 2019,
total attainment would likely only be
around 7–10 percent of the fixed gear
harvest guideline (1,176.1 mt). However,
the GMT recommended maintaining the
higher bimonthly limit as it is expected
to benefit individuals who target
sablefish south of 36° N lat.
TABLE 2—CURRENT SABLEFISH SOUTH TRIP LIMITS IN REGULATION AT THE END OF 2019 AND THOSE RECOMMENDED BY
THE COUNCIL FOR THE START OF THE 2020 FISHING YEAR
Trip Limits
Fishery
Jan–Feb
OA South of 36° N lat .........................
March–April
May–June
Current: 300 lb (136 kg)/day; or one landing per
week up to 1,600 lb (726 kg), not to exceed
3,200 lb (1,452 kg)/two months.
July–Aug
Sept–Oct
Nov–Dec
Current: 300 lb (136 kg)/day; or one landing per
week up to 1,600 lb (726 kg), not to exceed
4,800 lb (2,177 kg)/two months.
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Recommended: 300 lb (136 kg)/day; or one landing per week up to 1,600 lb (726 kg), not to exceed
4,800 lb (2,177 kg)/two months.
The proposed 2020 trip limits for
LEFG and OA both north and south of
36° N lat. do not change projected
impacts to co-occurring overfished
species compared to the impacts
anticipated in the 2019–20 harvest
specifications because the anticipated
impacts to those species assume that the
entire sablefish ACL is harvested. The
Council recommended and NMFS is
implementing, by modifying Tables 2
North and South to 50 CFR part 660,
subpart E, the following trip limit for
the LEFG fishery north of 36° N lat.,
‘‘1,300 lb (560 kg) per week, not to
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exceed 3,900 lb (1,769 kg) per two
months’’ beginning in period one
(January and February) through the end
of the year. NMFS is also implementing,
by modifying Table 3 North to 50 CFR
part 660, subpart F, the following trip
limits for the OA sablefish fishery north
of 36° N lat., ‘‘300 lb (136 kg) per day,
or one landing per week up to 1,200 lb
(544 kg), not to exceed 2,400 lb (1,089
kg)/two months’’ beginning in period
one (January and February) through the
end of the year. NMFS is also
implementing, by modifying Table 3
South to 50 CFR part 660, subpart F, the
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following trip limits for the OA
sablefish fishery south of 36° N lat.,
‘‘300 lb (136 kg) per day, or one landing
per week up to 1,600 lb (726 kg), not to
exceed 4,800 lb (2,177 kg)/two months’’
beginning in period one (January and
February) through the end of the year.
Lingcod Trip Limits
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°10′ N lat.,
reflecting greater confidence in the
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current stock assessment. The 2019 ACL
for the northern stock is 4,871 mt with
a fishery harvest guideline of 4,593 mt.
For 2020, the ACL is 4,541 mt with a
fishery harvest guideline of 4,263 mt.
The 2019 ACL for the southern stock is
1,039 mt with a fishery harvest
guideline of 1,028 mt. For 2020, the
ACL is 869 mt with a fishery harvest
guideline of 858 mt. The fishery harvest
guideline in each area is then split
between the trawl (45 percent) and nontrawl (55 percent) sectors according to
the Amendment 21 allocations as
specified at § 660.55(c) and Chapter 6 of
the PCGFMP. The non-trawl percentage
is shared between the LEFG, OA, and
recreational fisheries.
Lingcod is a low attainment stock for
both management areas north and south
of 40°10′ N lat. Attainment, as of midNovember, in the north is just 19
percent of the ACL and in the south is
29 percent of the ACL. At the Council’s
November meeting, the GMT received
requests from industry members to
increase the OA lingcod trip limits
north of 42° N lat., but did not receive
a request to change the trip limits for the
area between 42° N lat. and 40°10′ N lat.
Because the stock is managed with a
split at the 40°10′ N lat. management
line, the Council uses more conservative
LEFG and OA trip limits from 40°10′ to
42° N lat. than north of 42 ° N lat. to
reflect the differences in the stock
assessments which models the stocks
north and south of 42° N lat. The GMT
made model-based catch projections for
lingcod north of 40°10′ N lat. under the
current trip limits and potential
increased trip limits for the 2020 fishing
year. Under the current trip limits, the
total non-trawl mortality in 2020 north
of 40°10′ N lat. is projected to be 537.8
mt, or 23 percent, of the total 2020 nontrawl share of the fishery harvest
guideline (2,345 mt). Under the
proposed trip limits for north of 42° N
lat, which would increase the LEFG
bimonthly limit from ‘‘2,000 lbs (907 kg)
per two months’’ to ‘‘2,600 lbs (1,179 kg)
per two months’’ and the OA trip limits
from ‘‘900 lb (408 kg) per two months’’
to ‘‘1,200 lb (544 kg) per two months,’’
the total non-trawl mortality in 2020 is
estimated to be 547.1 mt, or 23.3
percent, of the 2,345 mt non-trawl share
of the fishery harvest guideline (4,263
mt) and just 12 percent of the ACL
(4,541 mt) for north of 40°10′ N lat.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Table 2 North to 50 CFR part
660 subpart E and Table 3 North to part
660 subpart F, increases to commercial
trip limits for LEFG and OA vessels
north of 42° N lat. beginning with
period one (January and February) in
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2020. LEFG trip limits will increase
from ‘‘2,000 lb (907 kg) per two months’’
to ‘‘2,600 lb (1,179 kg) per two months’’
for all periods in 2020. OA fishery trip
limits will increase from ‘‘900 lb (408
kg) per month’’ to ‘‘1,200 lb (544 kg) per
month’’ for all periods in 2020. The trip
limits for LEFG and OA vessels targeting
lingcod between 40°10′ N lat. and 42° N
lat. will not change and will remain at
their current limits in regulation.
During the 2019 fishing year, the
Council recommended, and NMFS
implemented midway through period
three (May through June, 84 FR 25708,
June 4, 2019), adjustments to LEFG and
OA trip limits, as well as recreational
bag limits, for lingcod south of 40°10′ N
lat., using updated fisheries information
through 2018, in an effort to increase
attainment. Based on the GMT’s
analysis at that time, increasing the trip
limits for LEFG and OA, as well as the
recreational bag limit, for vessels
targeting lingcod south of 40°10′ N lat.
beginning in early June was projected to
increase total attainment from 264 mt to
456 mt or from 47 percent of the nontrawl harvest guideline (565.2 mt) to 81
percent.
Reverting to the reduced trip limits
for the LEFG and OA vessels targeting
lingcod south of 40°10′ N lat. beginning
in January 2020 (period one) would be
a steep decrease from the period six
(November through December) limits
and could result in disruptions in the
markets and potential confusion with
fishers. Therefore, at the Council’s
November meeting, the GMT
recommended the Council adopt higher
trip limits for both LEFG and OA vessels
targeting lingcod south of 40°10′ N lat.
Under status quo trip limits, the total
non-trawl impacts are projected to be
461.2 mt, or 98 percent, of the non-trawl
share of the harvest guideline (471.7
mt). The recommended increased trip
limits are projected to increase
attainment by 8.6 mt resulting in total
non-trawl impacts projected to be 469.8,
or 100 percent of the non-trawl share of
the harvest guideline.
Therefore, the Council recommended,
and NMFS is implementing, by
modifying Table 2 South to 50 CFR part
660 subpart E and Table 3 South to part
660 subpart F, increases to commercial
trip limits for LEFG and OA vessels
south of 40°10′ N lat. beginning with
Period one (January and February) in
2020. LEFG trip limits will increase
from ‘‘200 lb (90 kg) per two months’’
to ‘‘1,200 (544 kg) lbs per two months.’’
OA trip limits will increase from ‘‘300
lb (136 kg) per month’’ to ‘‘500 lb (227
kg) per month.’’ Period two (March
through April) will remain closed for
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both LEFG and OA vessels targeting
lingcod south of 40°10′ N lat.
Minor Slope Rockfish and
Darkblotched Rockfish Trip Limits
The Minor Slope Rockfish Complex
north of 40°10′ N lat. is comprised of
aurora rockfish, bank rockfish, blackgill
rockfish, blackspotted rockfish,
redbanded rockfish, rougheye rockfish,
sharpchin rockfish, shortraker rockfish,
splitnose rockfish, and yellowmouth
rockfish. Although darkblotched
rockfish is not included in the Slope
Rockfish complex and has its own
coastwide harvest specifications, it is
managed with the same collective trip
limit.
The 2019 darkblotched rockfish ACL
is 765 mt with a 731 mt harvest
guideline. The 2020 ACL is 815 mt with
a fishery harvest guideline of 781 mt.
The harvest guideline is further split
between the trawl and non-trawl sectors
with trawl receiving the majority of the
share, 95 percent, and the non-trawl
sector receiving five percent. The 2019
ACL for the Minor Slope Rockfish
Complex north of 40°10′ N lat. is 1,746
mt with a 1,665 mt fishery harvest
guideline. The 2020 ACL for the Minor
Slope Rockfish Complex north of 40°10′
N lat. is 1,732 mt with a 1,651 mt
fishery harvest guideline. The fishery
harvest guideline is split between the
trawl sector (81 percent) and the nontrawl sector (19 percent). During
development of the 2019–20 harvest
specifications, the Council selected a
4,000 lb (1,814 mt) bimonthly trip limit
to allow vessels targeting sablefish,
mainly in the primary sablefish fishery,
to retain some incidental catches of
slope rockfish. Total mortality for
darkblotched rockfish in 2019 is 378.3
mt, or just under 50 percent, of the ACL.
Total mortality in 2019 for minor slope
rockfish north of 40°10′ N lat. is 506.1
mt, or 29 percent of the ACL.
At the Council’s November meeting,
members of the Council’s Groundfish
Advisory Subpanel (GAP) requested a
moderate increase to the trip limits for
the Minor Slope Rockfish complex and
darkblotched rockfish for 2020 to
accommodate a few individuals that
have had to discard incidental rockfish
because the trip limit is too low. The
GMT confirmed that in rare instances
vessels have been attaining their full
trip limit (4,000 lb [1,814 kg] per two
months) while fishing for sablefish and
therefore could benefit from a slight
increase in the trip limit.
The GMT made catch projections for
2020 based on a moderate 2,000 lb (907
kg) per two month trip limit increase
bringing the trip limit for LEFG slope
and darkblotched rockfish to ‘‘6,000 lb
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(2,722 kg) per two months’’ starting in
period one (January through February)
and going through the end of the year.
Because there are only a few instances
of boats catching the current limit, the
GMT projected that this increase would
likely result in additional landings of
around 1.8 mt. Like with all trip limit
projections, this projection is based on
the assumption that the same number of
boats will participate, and that only
those vessels that have been catching
the lower trip limit will catch the
proposed increased trip limit. Therefore,
total mortality is expected to remain the
same since fishermen would be allowed
to land more fish instead of having to
discard them and count them as dead.
The total impacts projected for 2020 for
non-trawl sectors are expected to be low
for both darkblotched (6.6 mt of a 39.1
mt share) and the Minor Slope Rockfish
complex north of 40°10′ N lat. (81.5 mt
of a 313.67 mt share.)
Therefore, based on the information
provided, the Council recommended
and NMFS is implementing, by
modifying Table 2 North to 50 CFR part
660 subpart D, an increase to the Minor
Slope Rockfish Complex and
darkblotched rockfish north of 40°10′ N
lat. trips limits for LEFG vessels from
‘‘4,000 lb (1,814 kg) per two months’’ for
all periods to ‘‘6,000 lb (2,722 kg) per
two months’’ for all periods beginning
with period one (January through
February).
Minor Nearshore Rockfish Complex
North of 40≥10′ N Lat.
The Minor Nearshore Rockfish
complex north of 40°10′ N lat. includes
13 species of rockfish: Black and yellow
rockfish, blue rockfish, brown rockfish,
calico rockfish, China rockfish, copper
rockfish, deacon rockfish, gopher
rockfish, grass rockfish, kelp rockfish,
olive rockfish, quillback rockfish, and
treefish. The ACLs for the Minor
Nearshore Rockfish complex north of
40°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 or species complexes, the
coastwide harvest guideline for the
Minor Nearshore Rockfish complex
north of 40°10′ N lat. 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
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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 share of the harvest
guideline for the Minor Nearshore
Rockfish 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 state
permit transfer provisions. LEFG and
OA fixed gear trip limits for the Minor
Nearshore Rockfish complex were set
for 2019 at the same levels used in the
2017–2018 harvest specifications in
order to remain precautionary due to
uncertainty about potential increasing
effort.
At the Council meeting in March
2019, the GMT updated projections for
the Minor Nearshore Rockfish complex
with catch information through the end
of 2018. Based on this updated
information the Council recommended
adjusting the commercial sector trip
limits for period two through period six
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.’’ No change was
requested for the black rockfish trip
limit. NMFS implemented this change
beginning with period three (May
through June) through the end of the
2019 fishing year (84 FR 25708, June 4,
2019).
Under the current regulations, the
Minor Nearshore Rockfish complex trip
limits would revert back to ‘‘1,200 lb
(544 kg) per two months for all other
species besides black rockfish’’ in
periods one (January through February)
and two (March through April) from the
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1,500 lb (680 kg) per two months limit
implemented by NMFS in June 2019.
The trip limit for periods three (May
through June) through six (November
through December) will remain
unchanged from what is currently in
regulations. At the November 2019
meeting, members of the GAP requested
an increase to the Minor Nearshore
Rockfish complex trip limits for all
species except black rockfish, for
periods one and two in 2020 to be
consistent with periods three (March
through April) through six (November
through December). The GMT made
catch projections under the current
regulations and under the GAP’s
requested increased trip limit for the
2020 fishing year. Under the current
regulations, total landings for minor
nearshore rockfish between 42° N lat.
and 40°10′ N lat. are projected to be 30.7
mt, or 84 percent of the 2020 California
fishery landing target (36.6 mt). Under
the increased trip limit, total landings of
minor nearshore rockfish between 42° N
lat. and 40°10′ N lat. are expected to
increase by 0.3 mt to 31 mt, or 82
percent of the 2020 California fishery
landing target (37.9 mt). This change
will help provide consistency and
stability in the trip limits.
Therefore, the Council recommended,
and NMFS is implementing, by
modifying Table 2 North to 50 CFR part
660 subpart E and Table 3 North to part
660 subpart F, an increase to the Minor
Nearshore rockfish complex trip limits
for LEFG and OA fisheries between 42°
N lat. and 40°10′ N lat. for period one
and two from ‘‘8,500 lb per two months,
no more than 1,200 lb of which may be
species other than black rockfish’’ to
‘‘8,500 lb per two months, no more than
1,500 lb of which may be species other
than black rockfish.’’ The trip limit for
periods three (May through June)
through six (November through
December) will remain unchanged from
what is currently in regulations.
Deeper Nearshore Rockfish South of
40≥10′ N Lat.
The Minor Nearshore Rockfish
complex south of 40°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 (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.
The ACL for the Minor Nearshore
Rockfish complex south of 40°10′ N lat.
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is 1,142 mt in 2019 with a 1,138 mt
harvest guideline and 1,163 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
were set in 2019 at the same levels used
in the 2017–2018 harvest specifications.
In March 2019, the GMT updated the
catch projections for the Minor
Nearshore Rockfish complex south of
40°10′ N lat. with commercial fishing
data through the end of 2018. Based on
those updated projections, the Council
recommended and NMFS implemented
an increase to the LEFG and OA trip
limits for deeper nearshore rockfish
south of 40°10′ N lat. for periods three
(May through June) through six
(November through December) (84 FR
25708, June 4, 2019). Period two
remained closed.
At the November 2019 meeting, the
GAP requested the Council consider
increasing the LEFG and OA 2020 trip
limits for vessels targeting species
within the deeper nearshore rockfish
complex. The increase would only be
for period one of 2020 (January through
February) and would maintain the
current trip limit for period six in 2019
of ‘‘1,200 lb (544 kg) per two months.’’
Without this trip limit increase for
period one, the trip limits for LEFG and
OA vessels targeting deeper nearshore
rockfish would decrease to ‘‘1,000 lb
(454 kg) per two months’’ for period
one. Period two would remain closed
and in period three (May through June)
the limits, under current regulations,
would once again return to ‘‘1,200 lbs
(544 kg) per two months’’ until the end
of the year.
Under the current regulations, LEFG
and OA vessels targeting minor
nearshore rockfish are projected to catch
110 mt (55 mt for the deeper nearshore
vessels and 55 mt for the shallow
nearshore vessels) in 2020. Increasing
the trip limit for the deeper nearshore
vessels would have a limited impact on
these projected catches. Deeper
nearshore projected attainment would
likely increase by about 0.7 mt, bringing
the total commercial nearshore impacts
to 111.2 mt. With the recreational
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fishery projected to take around 611.6
mt under the current bag limits, total
catch projections for the non-trawl
sector is 721.6 mt, or 62.3 percent of the
non-trawl share. With the increased
impacts from the increased trip limit,
total catch projections for the non-trawl
share are expected to increase to 722.8
mt or 62.4 percent of the non-trawl
share.
Therefore, based on the GMT’s
analysis, the Council recommended and
NMFS is implementing, by modifying
Tables 2 South to 50 CFR part 660
subpart E and Table 3 Sorth to part 660
subpart F, an increase to the period one
(January through February) trip limits
for deeper nearshore rockfish south of
40°10′ N lat. from ‘‘1,000 (454 kg) per
two months’’ to ‘‘1,200 lb (544 kg) per
two months.’’ Period two will remain
closed and no changes were requested
for periods three (May through June)
through 6 (November through
December).
LEFG Trip Limits for Bocaccio Between
40≥10′ N Lat. and 34 ≥27′ N Lat.
Bocaccio is managed with stockspecific harvest specifications south of
40°10′ N lat. and within the Minor Shelf
Rockfish complex north of 40°10′ N lat.
NMFS declared bocaccio overfished in
1999, and implemented a rebuilding
plan for the stock in 2000. NMFS
declared bocaccio officially rebuilt in
2017. New, higher catch limits resulting
from their rebuilt status were
implemented for bocaccio for the first
time in 2019. For example, the nontrawl allocation of bocaccio increased
from 442.3 mt in 2018 to 1,250 mt in
2019.
For 2019, the bocaccio ACL south of
40°10′ N lat. is 2,097 mt with a fishery
harvest guideline of 2,051 mt. The nontrawl share of the fishery harvest
guideline is 1,250.2 mt, or 61 percent of
the fishery harvest guideline. In 2020,
the bocaccio ACL south of 40°10′ N lat.
is 2,011 mt with a fishery harvest
guideline of 1,965 mt. The non-trawl
share of the fishery harvest guideline is
1,197.8 mt or 61 percent of the fishery
harvest guideline. The supporting
analysis for the 2019–2020 harvest
specifications used landings data
through the 2017 fishing year to
determine appropriate mitigation
measures (e.g., commercial trip limits
and recreational bag limits) to ensure
catch reaches but does not exceed the
bocaccio ACL for south of 40°10′ N lat.
Based on updated fisheries
information presented at the June 2019
Council meeting, the Council
recommended and NMFS implemented
an increase to the bocaccio trip limits
for the LEFG fishery between 40°10′ N
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lat. and 34°27′ N lat. beginning in period
four (July–August) through the end of
the year (84 FR 37780, August 2, 2019).
This helped align the trip limits for this
area with the bocaccio trip limits for
vessels fishing south of 34°27′ N lat. At
the time, the GMT projected that total
mortality would increase by less than
0.1 mt from the status quo trip limits
which were 134.6 mt, or 11 percent of
the non-trawl harvest guideline and six
percent of the 2019 bocaccio ACL for
south of 40°10′ N lat.
At the November 2019 Council
meeting, the GMT provided updated
catch projections for bocaccio south of
40°10′ N lat. through the end of the year.
Landings of bocaccio for the LEFG
vessels in 2019 are now projected to be
about 18 mt, or 6.8 mt higher than
previously projected by the GMT at the
June 2019 Council meeting. However,
total mortality is still only 150.8 mt, or
12.6 percent, of the non-trawl harvest
guideline and 29 percent of the ACL for
bocaccio south of 40°10′ N lat. These
higher than projected catches are likely
due to more than twice as many LEFG
vessels participating in this area during
periods four (July through August) and
period five (September through October)
than had fished during those periods in
the previous year.
Due to the positive increase in
landings, the GAP requested the GMT
investigate the possibility of increasing
the 2020 fishing year trip limits for
bocaccio for period one (January
through February) through period three
(May through June) in the area between
40°10′ N lat. and 34°27′ N lat. Without
further action by the Council, the trip
limits for bocaccio in this area would
decrease from ‘‘1,500 lb (680 kg) per two
months’’ in period six to ‘‘1,000 (454 kg)
per two months’’ for periods one
through three. Increasing the bocaccio
trip limits for periods one through three
beginning in 2020 would provide
consistency for the fishermen and could
help spur more growth for the LEFG
fishery off central California where
participation has been low in recent
years. Under the increased trip limits in
periods one through three, projected
attainment of the non-trawl share
(1,197.8 mt) is expected to increase from
150.8 mt to 153 mt, an increase of 2.2
mt or 0.2 percent.
The primary objective of nearshore
fisheries north and south of 40°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
(minor, shallow, or deeper), lingcod
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south of 40°10′ N lat., or bocaccio south
of 40°10′ N lat. impacts to yelloweye
rockfish must also be projected using a
model-based approach.
The 2020 yellow rockfish ACL is 49
mt and the harvest guideline is 43 mt.
The nearshore harvest guideline is 6.2
mt with a nearshore annual catch target
of 4.9 mt. Taking into account the
proposed changes to the trip limits for
nearshore rockfish, lingcod south of
40°10′ N lat., or bocaccio south of 40°10′
N lat., the projected impacts to
yelloweye rockfish in 2020 are 0.6 mt.
These impacts are 1.0 mt less than
California’s share of the yelloweye
rockfish harvest guideline for nearshore
fisheries (1.6 mt).
Therefore, based on the above
information, the Council recommended
and NMFS is implementing, by
modifying Table 2 South to 50 CFR part
600 subpart E, an increase to the
bocaccio limit for period one (January
through February) through period three
(May through June) only in the area
between 40°10′ N lat. and 34°27′ N lat.
The trip limit will increase from ‘‘1,000
lb (454 kg) per two months’’ to ‘‘1,500
lb (680 kg) per two months’’. This
change will create one consistent trip
limit throughout all periods in 2020.
Shorebased IFQ Program Fishery Trip
Limits for Big Skate
Previously managed as an ecosystem
component species, big skate was
moved ‘‘into the fishery’’ through the
2017–2018 harvest specifications
because large landings off Oregon
suggested vessels in the Pacific Coast
groundfish fishery are targeting big
skate. Big skate is the only non-IFQ
species managed coast-wide with
bimonthly trip limits in the IFQ fishery.
For 2019 and 2020, the ACL for big
skate is 494 mt with a fishery harvest
guideline of 452 mt. The trawl
allocation is 95 percent or 429.5 mt. An
additional 41 mt was deducted from the
trawl allocation to account for bycatch
in the at-sea sector and shorebased IFQ
discard mortality resulting in a landing
target of 388.5 mt for the trawl sector.
Current trip limits for big skate for
vessels in the IFQ fishery can be found
in Table 3.
TABLE 3—BIG SKATE TRIP LIMITS FOR THE 2019 FISHING YEAR
Jan–Feb
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5,000 lb (2,258 kg)/2
months.
Mar–Apr
25,000 lb (11,340
kg)/2 months.
At the June 2019 Council meeting, the
GAP requested the Council consider
increasing the big skate trip limits due
to lower than projected catch in 2019,
which industry suggested is likely due
to several fishermen who targeted big
skate retiring in recent years. Therefore,
the Council recommended and NMFS
implemented increases to the big skate
trip limits for shorebased IFQ fishery
beginning in period four (July–August)
through the end of the year (84 FR
37780, August 2, 2019). During
development of the 2019–2020 harvest
specifications, the GMT analysis used
relatively high 2016–2017 landings and
projected that attainment would be
around 98 percent of the landings
targets in 2019. However, landings
decreased dramatically in 2018 (218 mt
out of 494 mt ACL with the shorebased
IFQ sector harvesting 128 mt) and the
same trend has continued throughout
2019. Under the current trip limits
(Table 3), projected landings through
the end of 2019 are expected to be 132
mt, or 34 percent, of the landing target
(388.5 mt), which is about 28.4 mt less
than was projected to be caught when
the GMT ran the projections in June
2019. This would likely continue to be
the result in 2020 without further trip
limit increases.
Therefore, the GMT analyzed
increased trip limits for big skate for
2020 that would result in a constant trip
limit of ‘‘70,000 lb (31,751 kg) per two
months’’ for all periods beginning in
period one (January through February)
through the end of the 2020 fishing year.
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30,000 lb (13,608
kg)/2 months.
Jul–Aug
70,000 lb (31,751
kg)/2 months.
This trip limit increase is expected to
increase landings of big skate in the IFQ
fishery by 31.3 mt over the current trip
limits to 163.3 mt, or 42 percent of the
landings target (388.5 mt).
Therefore, in order to maximize
opportunities for the few vessels
targeting big skate in the shorebased IFQ
fishery in 2020, the Council
recommended, and NMFS is
implementing, by modifying Tables 1
(North and South) to 50 CFR part 660,
subpart D, a trip limit of ‘‘70,000 lb
(31,751 kg) per two months’’ beginning
in period one (January through
February) through the end of the year.
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
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Sep–Oct
Nov–Dec
20,000 lb (9,072 kg)/
2 months.
20,000 lb (9,072 kg)/
2 months.
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 ease restrictive trip limits
for fisheries in Washington, Oregon, and
California. These limits were originally
implemented at the beginning of the
2019–2020 biennium and were based on
information through 2017. Since then,
the GMT has conducted inseason
monitoring which allowed the Council
to increase many of these trip limits at
some point in 2019. Without
implementing the suggested increases
now, these trip limits would revert back
to numbers that are no longer based on
the best available information. 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 November 2019 meeting, the
Council recommended increases to the
commercial trip limits be implemented
as soon as possible so that harvesters
may be able to take advantage of these
higher limits at the start of the 2020
fishing year and not be subject to limits
initially implemented January 1, 2019.
Each of the trip limit increases 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. Each
of these recommended adjustments also
rely on new catch data that were not
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available and thus not considered
during the 2019–2020 biennial harvest
specifications process. New catch
information through mid-November
shows that attainment of lingcod,
bocaccio, minor nearshore rockfish, big
skate, deeper nearshore rockfish, minor
slope rockfish, and darkblotched
rockfish has been below their respective
management points management points
(i.e., harvest guideline, ACL, and nontrawl allocation) in 2019 and would
likely remain below catch targets under
status quo limits in 2020.
These trip limit adjustments could
provide up to an additional $250,000 in
ex-vessel revenue to harvesters, as well
as $489,000 in income and jobs when
including benefits to communities and
associated businesses. Delaying
implementation to allow for public
comment would likely reduce the
economic benefits to the commercial
fishing industry and the businesses that
rely on that industry because it is
unlikely the new regulations would
publish and could be implemented for
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the start of the fishing year. 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 on
January 2, 2020. The adjustments to
management measures in this document
affect commercial fisheries by
increasing opportunity and relieving
participants of the more restrictive trip
limits. These adjustments were
requested by the Council’s advisory
bodies, as well as members of industry
during the Council’s November 2019
meeting, 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
and management measures established
through a notice and comment
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rulemaking for 2019–2020 (82 FR
63970).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: December 19, 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
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. Tables 1 (North) and (South) to part
660, subpart D are revised to read as
follows:
■
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3. Tables 2 (North) and (South) to part
660, subpart E are revised to read as
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4. Table 3 (North) and Table 3 (South)
to part 660, subpart F are revised to read
■
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[FR Doc. 2019–27982 Filed 1–2–20; 8:45 am]
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BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 250-264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27982]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180625576-8999-02]
RIN 0648-BJ43
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 groundfish fisheries. This action is
intended to allow commercial fishing vessels to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective January 2, 2020.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491
or email: [email protected].
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/.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and
its implementing regulations at 50 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 harvest
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.
Pacific Coast groundfish fisheries are managed using harvest
specifications or limits (e.g., overfishing limits [OFL], acceptable
biological catch [ABC], annual catch limits [ACL] and harvest
guidelines [HG]) which are recommended biennially by the Council and
based on the best scientific information available at that time (50 CFR
660.60(b)). During development of the harvest specifications, the
Council also recommends management measures (e.g., trip limits, area
closures, and bag limits) that are meant to mitigate catch so as not to
exceed the harvest specifications. The harvest specifications and
mitigation measures developed for the 2019-2020 biennium used data
through the 2017 fishing year.
Throughout the 2019 fishing year, the Council's Groundfish
Management Team (GMT) monitored inseason catch and updated catch
projections based on new information as it became available. Based on
those updated projections, and requests from Council and industry
members to investigate potential for inseason trip limit adjustments,
the Council recommended adjustments to management measures at its
March, April, June, and September meetings. NMFS subsequently
implemented each of the Council's recommendations through final rule
and made a total of 13 adjustments during the 2019 fishing year (84 FR
25708, June 4, 2019; 84 FR 37780, August 2, 2019; 84 FR 56142, October
21, 2019). Each of the adjustments to management measures were based on
updated fisheries information that was unavailable when the analysis
for the current harvest specifications was completed.
At its November 14-20, 2019 meeting, the Council recommended
adjustments to the trip limits for vessels in the limited entry fixed
gear (LEFG) and open access (OA) fisheries that are targeting
sablefish, lingcod, the Minor Slope rockfish complex and darkblotched
rockfish, the Minor Nearshore Rockfish complex, deeper nearshore
rockfish complex, and bocaccio for 2020. The Council also recommended
adjustments to the Shorebased Individual Fishing Quota (IFQ) Program
fishery trip limits for big skate for 2020.
The following adjustments rely on analysis of commercial fisheries
data through mid-November 2019 to inform catch projections for 2020
under the current trip limits. As new fisheries data becomes available,
adjustments to management measures are implemented so as to help
harvesters achieve but not exceed the harvest limits.
Sablefish Trip Limits
Sablefish is an important commercial species on the West Coast with
vessels targeting sablefish with both trawl and fixed gear (longlines
and pots/traps). Sablefish is managed with area specific ACLs that are
apportioned north and south of 36[deg] N lat. with 73.8 percent going
to the north and 26.2 percent going to the south.
Sablefish North
In 2019, the ACL for sablefish north of 36[deg] N lat. is 5,606 mt
with a fishery harvest guideline of 5,007 mt. For 2020, the ACL for
sablefish north is 5,723 mt, with a fishery harvest guideline of 5,113
mt. The fishery harvest guideline for the area north of 36 N lat. is
further divided between the LEFG and OA sectors with 90.6 percent going
to the LEFG sector and 9.4 percent going to the OA sector.
In 2019, the Council recommended, and NMFS implemented, two
inseason adjustments to increase trip limits for LEFG and OA vessels
targeting sablefish north and south of 36[deg] N lat. (84 FR 37780,
August 2, 2019; 84 FR 56142, October 21, 2019). These trip limit
increases were possible because of unanticipated low sablefish prices
that contributed to less than projected fishery participation
throughout 2019. This low participation resulted in total attainment,
as of November 2019, of around 50 percent of the LEFG and OA portion of
the fishery harvest guideline for the area north of 36[deg] N lat. and
total attainment around 10 percent of fixed gear portion of the fishery
harvest guideline south of 36[deg] N lat.
At the November 2019 Council meeting, the Council's GMT made model-
based landings projections under current trip limits for 2020 based on
the most recent catch information available through mid-November 2019.
According to the projections, under the current trip limits, the LEFG
and OA sectors targeting sablefish north of 36[deg] N lat. would likely
exceed their portion of the fishery harvest guidelines in 2020 by 10
[[Page 251]]
percent and 25 percent, respectively. Therefore, the GMT recommended
the Council consider starting the 2020 fishing year with a more
conservative trip limit, specifically the pre-season 2019 trip limit
for LEFG and OA north of 36[deg] N lat. (Table 1). Based on the GMT's
projections, under these more conservative trip limit options,
attainment for the LEFG fishery would likely be around 84.1-91.2
percent and 67.7-93.1 percent for the OA fishery.
Table 1--Current Sablefish North Trip Limits in Regulation at the End of 2019 and Those Recommended by the Council for the Start of the 2020 Fishing Year
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Trip Limits
Fishery -----------------------------------------------------------------------------------------------------------------------------------------------
Jan-Feb March-April May-June July-Aug Sept-Oct Nov-Dec
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
LEFG North of 36[deg] N lat..................... Current: 1,300 lb (560 kg)/week, not to exceed 3,900 lb (1,769 kg)/two months.
Current: 1,700 lb (771 kg)/week, not
to exceed 5,100 lb (2,313 kg)/two
months.
-----------------------------------------------------------------------------------------------------------------------------------------------
Recommended: 1,300 lb (560 kg)/week, not to exceed 3,900 lb (1,769 kg)/two months.
-----------------------------------------------------------------------------------------------------------------------------------------------
OA North of 36[deg] N lat....................... Current: 300 lb (136 kg)/day; or one landing per week up Current: 300 lb (136 kg) day; or one Current: 300 lb day (136 kg); or one
to 1,200 lb (544 kg), not to exceed 2,400 lb (1089 kg)/two landing per week up to 1,400 lb (635 kg), landing per week up to 1,500 lb (680
months. not to exceed 2,800 lb (1,270 kg)/two kg), not to exceed 3,000 lb (1,361)/
months. two months.
-----------------------------------------------------------------------------------------------------------------------------------------------
Recommended: 300 lb (136 kg)/day; or one landing per week up to 1,200 lb (544 kg), not to exceed 2,400 lb (1089 kg)/two months.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish South
The 2019 portion of the ACL for sablefish south of 36[deg] N lat.
is 1,990 mt with a fishery harvest guideline of 1,986 mt. For 2020, the
ACL is slightly higher at 2,032 mt, with a harvest guideline of 2,028
mt. South of 36[deg] N lat., the fishery harvest guideline is further
divided between the trawl (limited entry) and non-trawl (LEFG and OA)
sectors with 42 percent going to the trawl sector, and the remaining 58
percent going to the fixed gear sector.
In August 2019, NMFS implemented, based on the Council's June 2019
recommendation, an adjustment to the trip limits for OA fishery which
increased the bimonthly limit from 3,200 lbs (1,452 kg) to 4,800 lbs
(2,177 kg) to provide additional opportunities for individuals in what
is a very low attainment fishery (Table 2) (84 FR 37780, August 2,
2019). At the November 2019 meeting, the GMT made model-based
projections for attainment in 2020 for the OA fishery targeting
sablefish south of 36[deg] N lat. using the trip limits currently in
regulation. The projections showed that even with the higher bimonthly
limit (4,800 lbs [2,177 kg] per two months) for the entire 2020 fishing
year, instead of just the latter half of the year as was done in 2019,
total attainment would likely only be around 7-10 percent of the fixed
gear harvest guideline (1,176.1 mt). However, the GMT recommended
maintaining the higher bimonthly limit as it is expected to benefit
individuals who target sablefish south of 36[deg] N lat.
Table 2--Current Sablefish South Trip Limits in Regulation at the End of 2019 and Those Recommended by the Council for the Start of the 2020 Fishing
Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trip Limits
Fishery -----------------------------------------------------------------------------------------------------------------------
Jan-Feb March-April May-June July-Aug Sept-Oct Nov-Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
OA South of 36[deg] N lat....... Current: 300 lb (136 kg)/day; or one landing per week up
to 1,600 lb (726 kg), not to exceed 3,200 lb (1,452 kg)/
two months.
Current: 300 lb (136 kg)/day; or one landing per week up
to 1,600 lb (726 kg), not to exceed 4,800 lb (2,177 kg)/
two months.
-----------------------------------------------------------------------------------------------------------------------
Recommended: 300 lb (136 kg)/day; or one landing per week up to 1,600 lb (726 kg), not to exceed 4,800 lb (2,177 kg)/
two months.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The proposed 2020 trip limits for LEFG and OA both north and south
of 36[deg] N lat. do not change projected impacts to co-occurring
overfished species compared to the impacts anticipated in the 2019-20
harvest specifications because the anticipated impacts to those species
assume that the entire sablefish ACL is harvested. The Council
recommended and NMFS is implementing, by modifying Tables 2 North and
South to 50 CFR part 660, subpart E, the following trip limit for the
LEFG fishery north of 36[deg] N lat., ``1,300 lb (560 kg) per week, not
to exceed 3,900 lb (1,769 kg) per two months'' beginning in period one
(January and February) through the end of the year. NMFS is also
implementing, by modifying Table 3 North to 50 CFR part 660, subpart F,
the following trip limits for the OA sablefish fishery north of 36[deg]
N lat., ``300 lb (136 kg) per day, or one landing per week up to 1,200
lb (544 kg), not to exceed 2,400 lb (1,089 kg)/two months'' beginning
in period one (January and February) through the end of the year. NMFS
is also implementing, by modifying Table 3 South to 50 CFR part 660,
subpart F, the following trip limits for the OA sablefish fishery south
of 36[deg] N lat., ``300 lb (136 kg) per day, or one landing per week
up to 1,600 lb (726 kg), not to exceed 4,800 lb (2,177 kg)/two months''
beginning in period one (January and February) through the end of the
year.
Lingcod Trip Limits
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
[[Page 252]]
current stock assessment. The 2019 ACL for the northern stock is 4,871
mt with a fishery harvest guideline of 4,593 mt. For 2020, the ACL is
4,541 mt with a fishery harvest guideline of 4,263 mt. The 2019 ACL for
the southern stock is 1,039 mt with a fishery harvest guideline of
1,028 mt. For 2020, the ACL is 869 mt with a fishery harvest guideline
of 858 mt. The fishery harvest guideline in each area is then split
between the trawl (45 percent) and non-trawl (55 percent) sectors
according to the Amendment 21 allocations as specified at Sec.
660.55(c) and Chapter 6 of the PCGFMP. The non-trawl percentage is
shared between the LEFG, OA, and recreational fisheries.
Lingcod is a low attainment stock for both management areas north
and south of 40[deg]10' N lat. Attainment, as of mid-November, in the
north is just 19 percent of the ACL and in the south is 29 percent of
the ACL. At the Council's November meeting, the GMT received requests
from industry members to increase the OA lingcod trip limits north of
42[deg] N lat., but did not receive a request to change the trip limits
for the area between 42[deg] N lat. and 40[deg]10' N lat. Because the
stock is managed with a split at the 40[deg]10' N lat. management line,
the Council uses more conservative LEFG and OA trip limits from
40[deg]10' to 42[deg] N lat. than north of 42 [deg] N lat. to reflect
the differences in the stock assessments which models the stocks north
and south of 42[deg] N lat. The GMT made model-based catch projections
for lingcod north of 40[deg]10' N lat. under the current trip limits
and potential increased trip limits for the 2020 fishing year. Under
the current trip limits, the total non-trawl mortality in 2020 north of
40[deg]10' N lat. is projected to be 537.8 mt, or 23 percent, of the
total 2020 non-trawl share of the fishery harvest guideline (2,345 mt).
Under the proposed trip limits for north of 42[deg] N lat, which would
increase the LEFG bimonthly limit from ``2,000 lbs (907 kg) per two
months'' to ``2,600 lbs (1,179 kg) per two months'' and the OA trip
limits from ``900 lb (408 kg) per two months'' to ``1,200 lb (544 kg)
per two months,'' the total non-trawl mortality in 2020 is estimated to
be 547.1 mt, or 23.3 percent, of the 2,345 mt non-trawl share of the
fishery harvest guideline (4,263 mt) and just 12 percent of the ACL
(4,541 mt) for north of 40[deg]10' N lat.
Therefore, the Council recommended and NMFS is implementing, by
modifying Table 2 North to 50 CFR part 660 subpart E and Table 3 North
to part 660 subpart F, increases to commercial trip limits for LEFG and
OA vessels north of 42[deg] N lat. beginning with period one (January
and February) in 2020. LEFG trip limits will increase from ``2,000 lb
(907 kg) per two months'' to ``2,600 lb (1,179 kg) per two months'' for
all periods in 2020. OA fishery trip limits will increase from ``900 lb
(408 kg) per month'' to ``1,200 lb (544 kg) per month'' for all periods
in 2020. The trip limits for LEFG and OA vessels targeting lingcod
between 40[deg]10' N lat. and 42[deg] N lat. will not change and will
remain at their current limits in regulation.
During the 2019 fishing year, the Council recommended, and NMFS
implemented midway through period three (May through June, 84 FR 25708,
June 4, 2019), adjustments to LEFG and OA trip limits, as well as
recreational bag limits, for lingcod south of 40[deg]10' N lat., using
updated fisheries information through 2018, in an effort to increase
attainment. Based on the GMT's analysis at that time, increasing the
trip limits for LEFG and OA, as well as the recreational bag limit, for
vessels targeting lingcod south of 40[deg]10' N lat. beginning in early
June was projected to increase total attainment from 264 mt to 456 mt
or from 47 percent of the non-trawl harvest guideline (565.2 mt) to 81
percent.
Reverting to the reduced trip limits for the LEFG and OA vessels
targeting lingcod south of 40[deg]10' N lat. beginning in January 2020
(period one) would be a steep decrease from the period six (November
through December) limits and could result in disruptions in the markets
and potential confusion with fishers. Therefore, at the Council's
November meeting, the GMT recommended the Council adopt higher trip
limits for both LEFG and OA vessels targeting lingcod south of
40[deg]10' N lat. Under status quo trip limits, the total non-trawl
impacts are projected to be 461.2 mt, or 98 percent, of the non-trawl
share of the harvest guideline (471.7 mt). The recommended increased
trip limits are projected to increase attainment by 8.6 mt resulting in
total non-trawl impacts projected to be 469.8, or 100 percent of the
non-trawl share of the harvest guideline.
Therefore, the Council recommended, and NMFS is implementing, by
modifying Table 2 South to 50 CFR part 660 subpart E and Table 3 South
to part 660 subpart F, increases to commercial trip limits for LEFG and
OA vessels south of 40[deg]10' N lat. beginning with Period one
(January and February) in 2020. LEFG trip limits will increase from
``200 lb (90 kg) per two months'' to ``1,200 (544 kg) lbs per two
months.'' OA trip limits will increase from ``300 lb (136 kg) per
month'' to ``500 lb (227 kg) per month.'' Period two (March through
April) will remain closed for both LEFG and OA vessels targeting
lingcod south of 40[deg]10' N lat.
Minor Slope Rockfish and Darkblotched Rockfish Trip Limits
The Minor Slope Rockfish Complex north of 40[deg]10' N lat. is
comprised of aurora rockfish, bank rockfish, blackgill rockfish,
blackspotted rockfish, redbanded rockfish, rougheye rockfish, sharpchin
rockfish, shortraker rockfish, splitnose rockfish, and yellowmouth
rockfish. Although darkblotched rockfish is not included in the Slope
Rockfish complex and has its own coastwide harvest specifications, it
is managed with the same collective trip limit.
The 2019 darkblotched rockfish ACL is 765 mt with a 731 mt harvest
guideline. The 2020 ACL is 815 mt with a fishery harvest guideline of
781 mt. The harvest guideline is further split between the trawl and
non-trawl sectors with trawl receiving the majority of the share, 95
percent, and the non-trawl sector receiving five percent. The 2019 ACL
for the Minor Slope Rockfish Complex north of 40[deg]10' N lat. is
1,746 mt with a 1,665 mt fishery harvest guideline. The 2020 ACL for
the Minor Slope Rockfish Complex north of 40[deg]10' N lat. is 1,732 mt
with a 1,651 mt fishery harvest guideline. The fishery harvest
guideline is split between the trawl sector (81 percent) and the non-
trawl sector (19 percent). During development of the 2019-20 harvest
specifications, the Council selected a 4,000 lb (1,814 mt) bimonthly
trip limit to allow vessels targeting sablefish, mainly in the primary
sablefish fishery, to retain some incidental catches of slope rockfish.
Total mortality for darkblotched rockfish in 2019 is 378.3 mt, or just
under 50 percent, of the ACL. Total mortality in 2019 for minor slope
rockfish north of 40[deg]10' N lat. is 506.1 mt, or 29 percent of the
ACL.
At the Council's November meeting, members of the Council's
Groundfish Advisory Subpanel (GAP) requested a moderate increase to the
trip limits for the Minor Slope Rockfish complex and darkblotched
rockfish for 2020 to accommodate a few individuals that have had to
discard incidental rockfish because the trip limit is too low. The GMT
confirmed that in rare instances vessels have been attaining their full
trip limit (4,000 lb [1,814 kg] per two months) while fishing for
sablefish and therefore could benefit from a slight increase in the
trip limit.
The GMT made catch projections for 2020 based on a moderate 2,000
lb (907 kg) per two month trip limit increase bringing the trip limit
for LEFG slope and darkblotched rockfish to ``6,000 lb
[[Page 253]]
(2,722 kg) per two months'' starting in period one (January through
February) and going through the end of the year. Because there are only
a few instances of boats catching the current limit, the GMT projected
that this increase would likely result in additional landings of around
1.8 mt. Like with all trip limit projections, this projection is based
on the assumption that the same number of boats will participate, and
that only those vessels that have been catching the lower trip limit
will catch the proposed increased trip limit. Therefore, total
mortality is expected to remain the same since fishermen would be
allowed to land more fish instead of having to discard them and count
them as dead. The total impacts projected for 2020 for non-trawl
sectors are expected to be low for both darkblotched (6.6 mt of a 39.1
mt share) and the Minor Slope Rockfish complex north of 40[deg]10' N
lat. (81.5 mt of a 313.67 mt share.)
Therefore, based on the information provided, the Council
recommended and NMFS is implementing, by modifying Table 2 North to 50
CFR part 660 subpart D, an increase to the Minor Slope Rockfish Complex
and darkblotched rockfish north of 40[deg]10' N lat. trips limits for
LEFG vessels from ``4,000 lb (1,814 kg) per two months'' for all
periods to ``6,000 lb (2,722 kg) per two months'' for all periods
beginning with period one (January through February).
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: Black and yellow rockfish, blue
rockfish, brown rockfish, calico rockfish, China rockfish, copper
rockfish, deacon rockfish, gopher rockfish, grass rockfish, kelp
rockfish, olive rockfish, quillback rockfish, and treefish. 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 or species complexes, the coastwide
harvest guideline for the Minor Nearshore Rockfish complex north of
40[deg]10' N lat. 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 share of the harvest guideline for the Minor Nearshore
Rockfish 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 state permit transfer provisions. LEFG and
OA fixed gear trip limits for the Minor Nearshore Rockfish complex were
set for 2019 at the same levels used in the 2017-2018 harvest
specifications in order to remain precautionary due to uncertainty
about potential increasing effort.
At the Council meeting in March 2019, the GMT updated projections
for the Minor Nearshore Rockfish complex with catch information through
the end of 2018. Based on this updated information the Council
recommended adjusting the commercial sector trip limits for period two
through period six 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.'' No
change was requested for the black rockfish trip limit. NMFS
implemented this change beginning with period three (May through June)
through the end of the 2019 fishing year (84 FR 25708, June 4, 2019).
Under the current regulations, the Minor Nearshore Rockfish complex
trip limits would revert back to ``1,200 lb (544 kg) per two months for
all other species besides black rockfish'' in periods one (January
through February) and two (March through April) from the 1,500 lb (680
kg) per two months limit implemented by NMFS in June 2019. The trip
limit for periods three (May through June) through six (November
through December) will remain unchanged from what is currently in
regulations. At the November 2019 meeting, members of the GAP requested
an increase to the Minor Nearshore Rockfish complex trip limits for all
species except black rockfish, for periods one and two in 2020 to be
consistent with periods three (March through April) through six
(November through December). The GMT made catch projections under the
current regulations and under the GAP's requested increased trip limit
for the 2020 fishing year. Under the current regulations, total
landings for minor nearshore rockfish between 42[deg] N lat. and
40[deg]10' N lat. are projected to be 30.7 mt, or 84 percent of the
2020 California fishery landing target (36.6 mt). Under the increased
trip limit, total landings of minor nearshore rockfish between 42[deg]
N lat. and 40[deg]10' N lat. are expected to increase by 0.3 mt to 31
mt, or 82 percent of the 2020 California fishery landing target (37.9
mt). This change will help provide consistency and stability in the
trip limits.
Therefore, the Council recommended, and NMFS is implementing, by
modifying Table 2 North to 50 CFR part 660 subpart E and Table 3 North
to part 660 subpart F, an increase to the Minor Nearshore rockfish
complex trip limits for LEFG and OA fisheries between 42[deg] N lat.
and 40[deg]10' N lat. for period one and two from ``8,500 lb per two
months, no more than 1,200 lb of which may be species other than black
rockfish'' to ``8,500 lb per two months, no more than 1,500 lb of which
may be species other than black rockfish.'' The trip limit for periods
three (May through June) through six (November through December) will
remain unchanged from what is currently in regulations.
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
(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. The ACL for the Minor Nearshore Rockfish
complex south of 40[deg]10' N lat.
[[Page 254]]
is 1,142 mt in 2019 with a 1,138 mt harvest guideline and 1,163 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
were set in 2019 at the same levels used in the 2017-2018 harvest
specifications.
In March 2019, the GMT updated the catch projections for the Minor
Nearshore Rockfish complex south of 40[deg]10' N lat. with commercial
fishing data through the end of 2018. Based on those updated
projections, the Council recommended and NMFS implemented an increase
to the LEFG and OA trip limits for deeper nearshore rockfish south of
40[deg]10' N lat. for periods three (May through June) through six
(November through December) (84 FR 25708, June 4, 2019). Period two
remained closed.
At the November 2019 meeting, the GAP requested the Council
consider increasing the LEFG and OA 2020 trip limits for vessels
targeting species within the deeper nearshore rockfish complex. The
increase would only be for period one of 2020 (January through
February) and would maintain the current trip limit for period six in
2019 of ``1,200 lb (544 kg) per two months.'' Without this trip limit
increase for period one, the trip limits for LEFG and OA vessels
targeting deeper nearshore rockfish would decrease to ``1,000 lb (454
kg) per two months'' for period one. Period two would remain closed and
in period three (May through June) the limits, under current
regulations, would once again return to ``1,200 lbs (544 kg) per two
months'' until the end of the year.
Under the current regulations, LEFG and OA vessels targeting minor
nearshore rockfish are projected to catch 110 mt (55 mt for the deeper
nearshore vessels and 55 mt for the shallow nearshore vessels) in 2020.
Increasing the trip limit for the deeper nearshore vessels would have a
limited impact on these projected catches. Deeper nearshore projected
attainment would likely increase by about 0.7 mt, bringing the total
commercial nearshore impacts to 111.2 mt. With the recreational fishery
projected to take around 611.6 mt under the current bag limits, total
catch projections for the non-trawl sector is 721.6 mt, or 62.3 percent
of the non-trawl share. With the increased impacts from the increased
trip limit, total catch projections for the non-trawl share are
expected to increase to 722.8 mt or 62.4 percent of the non-trawl
share.
Therefore, based on the GMT's analysis, the Council recommended and
NMFS is implementing, by modifying Tables 2 South to 50 CFR part 660
subpart E and Table 3 Sorth to part 660 subpart F, an increase to the
period one (January through February) trip limits for deeper nearshore
rockfish south of 40[deg]10' N lat. from ``1,000 (454 kg) per two
months'' to ``1,200 lb (544 kg) per two months.'' Period two will
remain closed and no changes were requested for periods three (May
through June) through 6 (November through December).
LEFG Trip Limits for Bocaccio Between 40[deg]10' N Lat. and 34 [deg]27'
N Lat.
Bocaccio 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. NMFS declared bocaccio overfished in 1999,
and implemented a rebuilding plan for the stock in 2000. NMFS declared
bocaccio officially rebuilt in 2017. New, higher catch limits resulting
from their rebuilt status were implemented for bocaccio for the first
time in 2019. For example, the non-trawl allocation of bocaccio
increased from 442.3 mt in 2018 to 1,250 mt in 2019.
For 2019, the bocaccio ACL south of 40[deg]10' N lat. is 2,097 mt
with a fishery harvest guideline of 2,051 mt. The non-trawl share of
the fishery harvest guideline is 1,250.2 mt, or 61 percent of the
fishery harvest guideline. In 2020, the bocaccio ACL south of
40[deg]10' N lat. is 2,011 mt with a fishery harvest guideline of 1,965
mt. The non-trawl share of the fishery harvest guideline is 1,197.8 mt
or 61 percent of the fishery harvest guideline. The supporting analysis
for the 2019-2020 harvest specifications used landings data through the
2017 fishing year to determine appropriate mitigation measures (e.g.,
commercial trip limits and recreational bag limits) to ensure catch
reaches but does not exceed the bocaccio ACL for south of 40[deg]10' N
lat.
Based on updated fisheries information presented at the June 2019
Council meeting, the Council recommended and NMFS implemented an
increase to the bocaccio trip limits for the LEFG fishery between
40[deg]10' N lat. and 34[deg]27' N lat. beginning in period four (July-
August) through the end of the year (84 FR 37780, August 2, 2019). This
helped align the trip limits for this area with the bocaccio trip
limits for vessels fishing south of 34[deg]27' N lat. At the time, the
GMT projected that total mortality would increase by less than 0.1 mt
from the status quo trip limits which were 134.6 mt, or 11 percent of
the non-trawl harvest guideline and six percent of the 2019 bocaccio
ACL for south of 40[deg]10' N lat.
At the November 2019 Council meeting, the GMT provided updated
catch projections for bocaccio south of 40[deg]10' N lat. through the
end of the year. Landings of bocaccio for the LEFG vessels in 2019 are
now projected to be about 18 mt, or 6.8 mt higher than previously
projected by the GMT at the June 2019 Council meeting. However, total
mortality is still only 150.8 mt, or 12.6 percent, of the non-trawl
harvest guideline and 29 percent of the ACL for bocaccio south of
40[deg]10' N lat. These higher than projected catches are likely due to
more than twice as many LEFG vessels participating in this area during
periods four (July through August) and period five (September through
October) than had fished during those periods in the previous year.
Due to the positive increase in landings, the GAP requested the GMT
investigate the possibility of increasing the 2020 fishing year trip
limits for bocaccio for period one (January through February) through
period three (May through June) in the area between 40[deg]10' N lat.
and 34[deg]27' N lat. Without further action by the Council, the trip
limits for bocaccio in this area would decrease from ``1,500 lb (680
kg) per two months'' in period six to ``1,000 (454 kg) per two months''
for periods one through three. Increasing the bocaccio trip limits for
periods one through three beginning in 2020 would provide consistency
for the fishermen and could help spur more growth for the LEFG fishery
off central California where participation has been low in recent
years. Under the increased trip limits in periods one through three,
projected attainment of the non-trawl share (1,197.8 mt) is expected to
increase from 150.8 mt to 153 mt, an increase of 2.2 mt or 0.2 percent.
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 (minor, shallow, or deeper), lingcod
[[Page 255]]
south of 40[deg]10' N lat., or bocaccio south of 40[deg]10' N lat.
impacts to yelloweye rockfish must also be projected using a model-
based approach.
The 2020 yellow rockfish ACL is 49 mt and the harvest guideline is
43 mt. The nearshore harvest guideline is 6.2 mt with a nearshore
annual catch target of 4.9 mt. Taking into account the proposed changes
to the trip limits for nearshore rockfish, lingcod south of 40[deg]10'
N lat., or bocaccio south of 40[deg]10' N lat., the projected impacts
to yelloweye rockfish in 2020 are 0.6 mt. These impacts are 1.0 mt less
than California's share of the yelloweye rockfish harvest guideline for
nearshore fisheries (1.6 mt).
Therefore, based on the above information, the Council recommended
and NMFS is implementing, by modifying Table 2 South to 50 CFR part 600
subpart E, an increase to the bocaccio limit for period one (January
through February) through period three (May through June) only in the
area between 40[deg]10' N lat. and 34[deg]27' N lat. The trip limit
will increase from ``1,000 lb (454 kg) per two months'' to ``1,500 lb
(680 kg) per two months''. This change will create one consistent trip
limit throughout all periods in 2020.
Shorebased IFQ Program Fishery Trip Limits for Big Skate
Previously managed as an ecosystem component species, big skate was
moved ``into the fishery'' through the 2017-2018 harvest specifications
because large landings off Oregon suggested vessels in the Pacific
Coast groundfish fishery are targeting big skate. Big skate is the only
non-IFQ species managed coast-wide with bimonthly trip limits in the
IFQ fishery. For 2019 and 2020, the ACL for big skate is 494 mt with a
fishery harvest guideline of 452 mt. The trawl allocation is 95 percent
or 429.5 mt. An additional 41 mt was deducted from the trawl allocation
to account for bycatch in the at-sea sector and shorebased IFQ discard
mortality resulting in a landing target of 388.5 mt for the trawl
sector. Current trip limits for big skate for vessels in the IFQ
fishery can be found in Table 3.
Table 3--Big Skate Trip Limits for the 2019 Fishing Year
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Jan-Feb Mar-Apr May-Jun Jul-Aug Sep-Oct Nov-Dec
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5,000 lb (2,258 kg)/2 months....... 25,000 lb (11,340 kg)/ 30,000 lb (13,608 kg)/ 70,000 lb (31,751 kg)/ 20,000 lb (9,072 kg)/ 20,000 lb (9,072 kg)/
2 months. 2 months. 2 months. 2 months. 2 months.
--------------------------------------------------------------------------------------------------------------------------------------------------------
At the June 2019 Council meeting, the GAP requested the Council
consider increasing the big skate trip limits due to lower than
projected catch in 2019, which industry suggested is likely due to
several fishermen who targeted big skate retiring in recent years.
Therefore, the Council recommended and NMFS implemented increases to
the big skate trip limits for shorebased IFQ fishery beginning in
period four (July-August) through the end of the year (84 FR 37780,
August 2, 2019). During development of the 2019-2020 harvest
specifications, the GMT analysis used relatively high 2016-2017
landings and projected that attainment would be around 98 percent of
the landings targets in 2019. However, landings decreased dramatically
in 2018 (218 mt out of 494 mt ACL with the shorebased IFQ sector
harvesting 128 mt) and the same trend has continued throughout 2019.
Under the current trip limits (Table 3), projected landings through the
end of 2019 are expected to be 132 mt, or 34 percent, of the landing
target (388.5 mt), which is about 28.4 mt less than was projected to be
caught when the GMT ran the projections in June 2019. This would likely
continue to be the result in 2020 without further trip limit increases.
Therefore, the GMT analyzed increased trip limits for big skate for
2020 that would result in a constant trip limit of ``70,000 lb (31,751
kg) per two months'' for all periods beginning in period one (January
through February) through the end of the 2020 fishing year. This trip
limit increase is expected to increase landings of big skate in the IFQ
fishery by 31.3 mt over the current trip limits to 163.3 mt, or 42
percent of the landings target (388.5 mt).
Therefore, in order to maximize opportunities for the few vessels
targeting big skate in the shorebased IFQ fishery in 2020, the Council
recommended, and NMFS is implementing, by modifying Tables 1 (North and
South) to 50 CFR part 660, subpart D, a trip limit of ``70,000 lb
(31,751 kg) per two months'' beginning in period one (January through
February) through the end of the year.
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 ease
restrictive trip limits for fisheries in Washington, Oregon, and
California. These limits were originally implemented at the beginning
of the 2019-2020 biennium and were based on information through 2017.
Since then, the GMT has conducted inseason monitoring which allowed the
Council to increase many of these trip limits at some point in 2019.
Without implementing the suggested increases now, these trip limits
would revert back to numbers that are no longer based on the best
available information. 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 November 2019 meeting, the Council recommended increases to
the commercial trip limits be implemented as soon as possible so that
harvesters may be able to take advantage of these higher limits at the
start of the 2020 fishing year and not be subject to limits initially
implemented January 1, 2019. Each of the trip limit increases 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. Each of these recommended
adjustments also rely on new catch data that were not
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available and thus not considered during the 2019-2020 biennial harvest
specifications process. New catch information through mid-November
shows that attainment of lingcod, bocaccio, minor nearshore rockfish,
big skate, deeper nearshore rockfish, minor slope rockfish, and
darkblotched rockfish has been below their respective management points
management points (i.e., harvest guideline, ACL, and non-trawl
allocation) in 2019 and would likely remain below catch targets under
status quo limits in 2020.
These trip limit adjustments could provide up to an additional
$250,000 in ex-vessel revenue to harvesters, as well as $489,000 in
income and jobs when including benefits to communities and associated
businesses. Delaying implementation to allow for public comment would
likely reduce the economic benefits to the commercial fishing industry
and the businesses that rely on that industry because it is unlikely
the new regulations would publish and could be implemented for the
start of the fishing year. 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 on January 2, 2020. The adjustments to management
measures in this document affect commercial fisheries by increasing
opportunity and relieving participants of the more restrictive trip
limits. These adjustments were requested by the Council's advisory
bodies, as well as members of industry during the Council's November
2019 meeting, 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 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: December 19, 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.
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2. Tables 1 (North) and (South) to part 660, subpart D are revised to
read as follows:
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3. Tables 2 (North) and (South) to part 660, subpart E are revised to
read as follows:
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4. Table 3 (North) and Table 3 (South) to part 660, subpart F are
revised to read as follows:
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[FR Doc. 2019-27982 Filed 1-2-20; 8:45 am]
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