Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and Management Measures; Inseason Adjustments, 35210-35221 [2020-12503]
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules and Regulations
than 2,000 lb (907.2 kg) of Atlantic
herring from Area 3 from that trip. A
vessel may transit through Area 3 with
more than 2,000 lb (907.2 kg) of Atlantic
herring on board, provided all herring
was caught outside of Area 3 and all
fishing gear is stowed and not available
for immediate use as defined by § 648.2.
Effective 00:01 hr local time, June 6,
2020, through 24:00 hr local time,
December 31, 2020, federally permitted
dealers may not purchase, possess,
receive, sell, barter, trade or transfer
more than 2,000 lb (907.2 kg) of Atlantic
herring per trip or calendar day from
Area 3 from a vessel issued and holding
a valid Federal herring permit, unless it
is from a trip landed by a vessel that
entered port before 00:01 hr local time,
June 6, 2020.
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Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(3)(B) to waive prior notice
and the opportunity for public comment
because it would be contrary to the
public interest and impracticable.
NMFS also finds good cause to waive
the 30-day delayed effectiveness in
accordance with 5 U.S.C 553(d)(3).
NMFS is required by Federal regulation
to implement a 2,000-lb (907.2-kg)
Atlantic herring possession limit for
Management Area 3 through the
calendar year when 92 percent of the
area quota is projected to be harvested.
The 2020 Atlantic herring fishing year
began on January 1, 2020. Data
indicating the Atlantic herring fleet will
have landed at least 92 percent of the
2020 sub-ACL allocated to Management
Area 3 only recently became available.
High-volume catch and landings in this
fishery increase total catch relative to
the sub-ACL quickly, especially in this
fishing year where annual catch limits
are unusually low. If implementation of
this closure is delayed to solicit prior
public comment, the sub-ACL for
Management Area 3 for this fishing year
will likely be exceeded; thereby,
undermining the conservation
objectives of the FMP. If sub-ACLs are
exceeded, the excess must also be
deducted from a future sub-ACL and
would reduce future fishing
opportunities.
In addition, the public had prior
notice and full opportunity to comment
on this process when these provisions
were put in place. The public expects
these actions to occur in a timely way
consistent with the fishery management
plan’s objectives.
Authority: 16 U.S.C. 1801 et seq.
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Dated: June 4, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–12468 Filed 6–4–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–02]
RIN 0648–BJ81
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: Effective June 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew, phone: 206–526–
6147 or email: gretchen.hanshew@
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:
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. At its
April 4–10, 2020 meeting, the Council
recommended increased trip limits for
limited entry fixed gear (LEFG) and
open access (OA) fisheries for sablefish,
lingcod, canary rockfish, yellowtail
rockfish, nearshore rockfish, shelf
rockfish, slope rockfish and flatfish.
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]) 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 mitigation 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. Each of the
adjustments to mitigation measures
discussed below are based on updated
fisheries information that was
unavailable when the analysis for the
current harvest specifications was
completed. As new fisheries data
becomes available, adjustments to
mitigation measures are projected to
help harvesters achieve but not exceed
the harvest limits. Measures
implemented in this rule took into
account fisheries data through the end
of March, 2020.
The increased trip limits were
requested by industry stakeholders and
the Groundfish Advisory Subpanel
(GAP) to relieve some restrictions for
non-trawl commercial fisheries off the
coasts of Washington, Oregon, and
California, and to allow increased
potential for utilization of available
stocks where markets exist. The trip
limit increases in this action are
intended to expand access to certain
fish stocks for the commercial non-trawl
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fleets during overall market declines
and state restrictions that may limit
fishing effort, and will help meet the
current and rising demand of smaller
domestic markets that are providing
fresh fish to coastal communities and
grocers. These increases to trip limits
are intended to provide some relief to
coastal fishing communities that have
sustained severe disruptions in markets
and decreases in tourist income due to
state fishery closures.
Limited Entry Fixed Gear and Open
Access Trip Limits
Due to changes in markets and state
restrictions, projections of catch through
the end of the year were expected to
remain low, given lower than expected
effort and landings. For example,
sablefish landings north of 36° N lat.
were expected to reach only 40 to 70
percent of its non-trawl allocation under
the existing trip limits through the end
of the year, down from a projected 68
to 93 percent attainment through the
end of the year, when 2020 trip limits
were previously set at the end of 2019
(85 FR 250, January 3, 2020).
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The Council recommended, and
NMFS is implementing, trips limits that
provide economic benefits for fishery
participants coastwide, but, primarily
provide increased opportunity in
California and Oregon, because
Washington does not have a nearshore
fishery. Trip limit changes north of
40°10′ N lat. for LEFG and OA Pacific
groundfish fisheries for periods 3–6 (i.e.,
May–December) are described in Tables
1 and 3. Trip limit changes south of
40°10′ N lat. for LEFG and OA Pacific
groundfish fisheries for periods 3–6 (i.e.,
May–December) are described in Tables
2 and 4.
TABLE 1—TRIP LIMIT INCREASES FOR LEFG PACIFIC GROUNDFISH FISHERIES NORTH OF 40°10′ N LAT. BY SPECIES/
STOCK COMPLEX
Species/stock complex
Area
Trip limits
Minor Slope Rockfish & Darkblotched rockfish ................
North of 40°10′ N lat ..........
Sablefish ...........................................................................
North of 40°10′ N lat ..........
Dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder, Other Flatfish.
Minor Shelf Rockfish, Shortbelly, & Widow Rockfish .......
North of 40°10′ N lat ..........
Yellowtail rockfish .............................................................
North of 40°10′ N lat ..........
Canary rockfish .................................................................
North of 40°10′ N lat ..........
Minor Nearshore Rockfish, Washington Black rockfish &
Oregon Black/blue/deacon rockfish.
42° N lat. to 40°10′ N lat ....
Lingcod .............................................................................
North of 42° N lat ...............
Old: ‘‘6,000 lb (2,722 kg)/2 month’’.
New: ‘‘8,000 lb (3,629 kg)/2 months’’.
Old: ‘‘1,300 lb (590 kg) week, not to exceed 3,900 lb
(1,769 kg)/2 months’’.
New: ‘‘1,500 lb (680 kg) week, not to exceed 4,500 lb
(2,041 kg)/2 months’’.
Old: ‘‘5,000 lb (2,268 kg)/month’’.
New: ‘‘10,000 lb (4,536 kg)/month’’.
Old: ‘‘200 lb (91 kg)/month’’.
New: ‘‘800 lb (363 kg)/month’’.
Old: ‘‘1,000 lb (454 kg)/month’’.
New: ‘‘3,000 lb (1,361 kg)/month’’.
Old: ‘‘300 lb (136 kg)/2 months’’.
New: ‘‘3,000 lb (1,361 kg)/2 months’’.
Old: ‘‘7,000 lb (3,175 kg)/2 months, no more than 1,500
lb (680 kg) of which may be species other than black
rockfish’’.
New: ‘‘7,000 lb (3,175 kg)/2 months, no more than
2,000 lb (907 kg) of which may be species other than
black rockfish’’.
Old: ‘‘2,600 lb (1,179 kg)/2 months’’.
New: ‘‘4,000 lb (1,814 kg)/2 months’’.
Old: ‘‘1,400 lb (635 kg)/2 months’’.
New: ‘‘2,000 lb (907 kg)/2 months’’.
North of 40°10′ N lat ..........
42° N lat. to 40°10′ N lat ....
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TABLE 2—TRIP LIMIT INCREASES FOR LEFG PACIFIC GROUNDFISH FISHERIES SOUTH OF 40°10′N LAT. BY SPECIES/
STOCK COMPLEX AND AREA
Species/stock complex
Area
Trip limits
Minor Slope Rockfish & Darkblotched rockfish ................
South of 40°10′ N lat ..........
Sablefish ...........................................................................
40°10′ N lat. to 36° N lat ....
Dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder, Other Flatfish.
Minor Shelf Rockfish, Shortbelly rockfish, Widow Rockfish (including Chilipepper between 40°10 N lat.–
34°27 N lat.
South of 40°10′ N lat ..........
Old:‘‘40,000 lb (18,144 kg)/2 months, of which no more
than 4,000 lb (1,814 kg) may be blackgill rockfish’’.
New: ‘‘40,000 lb (18,144 kg)/2 months, of which no
more than 5,500 lb (2,495 kg) may be blackgill rockfish’’.
Old: ‘‘1,300 lb (590 kg) week, not to exceed 3,900 lb
(1,769 kg)/2 months’’.
New: ‘‘1,500 lb (680 kg) week, not to exceed 4,500 lb
(2,041 kg)/2 months’’.
Old: ‘‘5,000 lb (2,268 kg)/month’’.
New: ‘‘10,000 lb (4,536 kg)/month’’.
Old: ‘‘Minor shelf rockfish, shortbelly, widow rockfish, &
chilipepper: 2,500 lb (1,134 kg)/2 months, of which
no more than 500 lb (227 kg) may be any species
other than chilipepper.’’.
New: ‘‘8,000 lbs (3,629 kg)/2 months, of which no more
than 500 lb (227 kg) may be vermilion’’.
Old: ‘‘4,000 lb (1,814 kg)/2 months’’.
New: ‘‘5,000 lbs (2,268 kg)/2 months, of which no more
than 4,000 lb (1,814 kg) may be vermilion rockfish’’.
40°10′ N lat. to 34°27′ N lat
South of 34°27′ N lat ..........
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules and Regulations
TABLE 2—TRIP LIMIT INCREASES FOR LEFG PACIFIC GROUNDFISH FISHERIES SOUTH OF 40°10′N LAT. BY SPECIES/
STOCK COMPLEX AND AREA—Continued
Species/stock complex
Area
Trip limits
Chilipepper ........................................................................
South of 34°27′ N lat ..........
Canary rockfish .................................................................
40°10′ N lat. to 34°27′ N lat
Old: ‘‘2,000 lb (907 kg)/2 months, this opportunity only
available seaward of the non-trawl RCA’’.
New: ‘‘4,000 lb (1,814 kg)/2 months, this opportunity
only available seaward of the non-trawl RCA’’.
Old: ‘‘300 lb (136 kg)/2 months’’.
New: ‘‘3,500 lb (1,588 kg)/2 months’’.
Old: ‘‘300 lb (136 kg)/2 months’’.
New: ‘‘3,500 lb (1,588 kg)/2 months’’.
Old: ‘‘1,200 lb (544 kg)/2 months’’.
New: ‘‘2,000 lb (907 kg)/2 months’’.
Old: ‘‘1,200 lb (544 kg)/2 months’’.
New: ‘‘2,000 lb (907 kg)/2 months’’.
Old: ‘‘1,200 lb (544 kg)/2 months’’.
New: ‘‘1,500 lb (680 kg)/2 months’’.
South of 34°27′ N lat ..........
Minor Nearshore Rockfish, California Black rockfish, &
Oregon Black/Blue/Deacon rockfish.
Lingcod .............................................................................
South of 40°10′ N lat.;
Shallow nearshore.
South of 40°10′ N lat.;
Deeper nearshore.
South of 40°10′ N lat ..........
TABLE 3—TRIP LIMIT INCREASES FOR OA PACIFIC GROUNDFISH FISHERIES NORTH OF 40°10′ N LAT. BY SPECIES/STOCK
COMPLEX AND AREA
Species/stock complex
Area
Trip limits
Minor Slope Rockfish & Darkblotched rockfish ................
North 40°10′ N lat ..............
Sablefish ...........................................................................
North of 40°10′ N lat ..........
Dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder, Other Flatfish.
North of 40°10′ N lat ..........
Minor Shelf Rockfish, Shortbelly, & Widow Rockfish .......
North of 40°10′ N lat ..........
Yellowtail rockfish .............................................................
North of 40°10′ N lat ..........
Canary rockfish .................................................................
North of 40°10′ N lat ..........
Minor Nearshore Rockfish, Washington Black rockfish &
Oregon Black/blue/deacon rockfish.
42° N lat. to 40°10′ N lat ....
Lingcod .............................................................................
North of 42° N lat ...............
Old: ‘‘500 lb (227 kg)/month’’.
New: ‘‘1,000 lb (454 kg)/month’’.
Old: ‘‘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)/2 months’’.
New: ‘‘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
kg)/2 months’’.
Old: ‘‘3,000 lb (1,361 kg)/month, no more than 300 lb
(136 kg) of which may be species other than Pacific
sanddabs’’.
New: ‘‘5,000 lb (2,268 kg)/month’’.
Old: ‘‘200 lb (91 kg)/month’’.
New: ‘‘800 lb (363 kg)/month’’,
Old: ‘‘500 lb (227 kg)/month’’.
New: ‘‘1,500 lb (680 kg)/month’’.
Old: ‘‘300 lb (136 kg)/2 months’’.
New: ‘‘1,000 lb (454 kg)/2 months’’.
Old: ‘‘7,000 lb (3,175 kg)/2 months, no more than 1,500
lb (680 kg) of which may be species other than black
rockfish’’.
New: ‘‘7,000 lb (3,175 kg)/2 months, no more than
2,000 lb (907 kg) of which may be species other than
black rockfish’’.
Old: ‘‘1,200 lb (544 kg)/month’’.
New: ‘‘2,000 lb (907 kg)/month’’.
Old: ‘‘600 lb (272 kg)/month’’.
New: ‘‘1,000 lb (454 kg)/month’’.
42° N lat. to 40°10′ N lat ....
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TABLE 4—TRIP LIMIT INCREASES FOR OA PACIFIC GROUNDFISH FISHERIES SOUTH OF 40°10′ N LAT. BY SPECIES/STOCK
COMPLEX AND AREA
Species/stock complex
Area
Trip limits
Minor Slope Rockfish & Darkblotched rockfish ................
South of 40°10′ N lat ..........
Sablefish ...........................................................................
40°10′ N lat. to 36° N lat ....
Dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder, Other Flatfish.
South of 40°10′ N lat ..........
Old: ‘‘10,000 lb (4,536 kg)/2 months, of which no more
than 800 lb (363 kg) may be blackgill rockfish’’.
New: ‘‘10,000 lb (4,536 kg)/2 months, of which no more
than 1,500 lb (680 kg) may be blackgill rockfish’’.
Old: ‘‘300 lb (136 kg) day; or one landing per week up
to 1,200 lb (544 kg), not to exceed 2,400 lb (1,089
kg)/2 months’’.
New: ‘‘300 lb (136 kg) day; or one landing per week up
to 1,500 lb (680 kg), not to exceed 3,000 lb (1,361
kg)/2 months.
Old: ‘‘3,000 lb (1,361 kg)/month, no more than 300 lb
(136 kg) of which may be species other than Pacific
sanddabs’’.
New: ‘‘5,000 lb (2,268 kg)/month’’.
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TABLE 4—TRIP LIMIT INCREASES FOR OA PACIFIC GROUNDFISH FISHERIES SOUTH OF 40°10′ N LAT. BY SPECIES/STOCK
COMPLEX AND AREA—Continued
Species/stock complex
Area
Minor Shelf Rockfish, Shortbelly, Widow rockfish and
Chilipepper.
Trip limits
40°10′ N lat. to 34°27′ N lat
South of 34°27′ N lat ..........
Canary rockfish .................................................................
South of 40°10′ N lat ..........
Minor Nearshore Rockfish, California Black rockfish, &
Oregon Black/Blue/Deacon rockfish.
South of 40°10′ N lat.;
Shallow nearshore.
South of 40°10′ N lat.;
Deeper nearshore.
South of 40°10′ N lat ..........
Lingcod .............................................................................
The changes are expected to increase
landings for most species. For example,
for lingcod, the current coastwide
estimate for LEFG and OA mortality is
212.5 mt. With these trip limit
increases, total coastwide LEFG and OA
landings of lingcod could increase to
between 258 and 289 mt, and ex-vessel
revenue could increase by a high of
$537,000. The actual increase in
Old: ‘‘400 lb (181 kg)/2 months’’.
New: ‘‘4,000 lb (1,814 kg)/2 months, of which no more
than 400 lb (181 kg) may be vermilion’’.
Old: ‘‘1,500 lb (680 kg)/2 months’’.
New: ‘‘3,000 lb (1,361 kg)/2 months, of which no more
than 1,500 lb (680 kg) may be vermilion rockfish’’.
Old: ‘‘300 lb (136 kg)/2 months’’.
New: ‘‘1,500 lb (680 kg)/2 months’’.
Old: ‘‘1,200 lb (544 kg)/2 months’’.
New: ‘‘2,000 lb (907 kg)/2 months’’.
Old: ‘‘1,200 lb (544 kg)/2 months’’.
New: ‘‘2,000 lb (907 kg)/2 months’’.
Old: ‘‘500 lb (227 kg)/month’’.
New: ‘‘700 lb (318 kg)/month’’.
landings will vary depending upon new
entrants to the OA fishery, full
attainment of trip limits, and access to
healthy, stable markets. Harvest of these
species’ non-trawl allocations are
projected to increase between 0.07
percent and 66.7 percent from expected
2020 catch under current regulations
and loss of markets, depending on the
stock. Harvest is not expected to
approach or exceed 2020 catch limits
through the end of the year (Table 5).
Therefore, the changes in trip limits do
not change projected impacts compared
to the impacts evaluated in the 2019–
2020 harvest specifications because the
harvest specifications assume that the
entire ACL is harvested.
TABLE 5—PROJECTED CATCHES THROUGH THE END OF 2020 COMPARED TO STOCK-SPECIFIC 2020 ACLS, WHERE
APPLICABLE
2020 ACL
(mt)
Stock
Canary rockfish ....................................................................................................
Lingcod North of 40°10′ N lat ..............................................................................
Lingcod South of 40°10′ N lat .............................................................................
Darkblotched rockfish ..........................................................................................
Minor Slope Rockfish North of 40°10′ N lat ........................................................
Nearshore Rockfish South of 40°10′ N lat ..........................................................
Sablefish North of 36° N lat .................................................................................
Yellowtail rockfish North of 40°10′ N lat ..............................................................
Yelloweye Rockfish 3 ...........................................................................................
Cowcod 3 ..............................................................................................................
Projected impacts
before this
inseason action
(percent of ACL) 1
1,368
4,541
869
815
1,732
1,163
5,723
5,986
49
10
91.7
60.4
83.3
95.9
84.2
61.1
77–86
92.4
53
70
Projected impacts
with this
inseason action
(percent of ACL) 2
96
61.8
85.4
96.0
84.2
70.0
85–94
92.4
56
90
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1 Assumes full harvest of allocations in individual fishing quota (IFQ) fisheries, exempted fisheries, and tribal fisheries. Assumes no changes to
trip limits or RCA boundaries from what was scheduled to be in place for 2020, as of December 2019.
2 Assumes full harvest of allocations in IFQ fisheries, exempted fisheries, and tribal fisheries. Assumes trip limit and RCA boundary adjustments recommended by the Council are implemented.
3 These values were considered a range of projections due to uncertainty. This table presents the highest projection from the range of impacts
considered by the Council.
The projected increase in landings is
expected to occur with only minor
increases in bycatch of non-target
species, including yelloweye rockfish
and cowcod. Modifications to the trip
limits are projected to increase mortality
of yelloweye rockfish, which is the last
remaining rebuilding groundfish
species, between 0.6–1.8 mt. Projected
mortality of yelloweye rockfish due to
the increased trip limits remains within
the ACL, with less than 60 percent of
the ACL projected to be harvested.
While there is uncertainty in
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projections, projected impacts to the
yelloweye rockfish mortality in the
LEFG and OA fisheries could double
from what is projected to occur and total
impacts, when combined with all other
sources, would still be below the ACL.
Therefore, the changes in trip limits do
not change projected impacts compared
to the impacts evaluated in the 2019–
2020 harvest specifications because the
harvest specifications assume that the
entire ACL is harvested.
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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 Gretchen
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Hanshew 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
on groundfish fisheries in Washington,
Oregon and California. No aspect of this
action is controversial, and changes to
trip limits 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 April 2020 meeting, the Council
recommended increases to the
commercial trip limits be implemented
as soon as possible so that the few
harvesters that have viable markets can
harvest available quotas that would
otherwise be unharvested during a lull
in fishing effort. Each of the adjustments
to commercial management measures in
this rule will create more harvest
opportunity and allow fishermen to
better attain species that are currently
under attained without causing any
additional impacts to the fishery that
were not previously considered. Each of
these recommended adjustments also
rely on new catch data that were not
available and thus not considered
during the 2019–2020 biennial harvest
specifications process. New catch
information through March 2020 shows
that harvest of these target species
(sablefish, lingcod, canary rockfish,
yellowtail rockfish, nearshore rockfish,
shelf rockfish, slope rockfish and
flatfish) has been much lower than
anticipated due to diminished effort due
to current market conditions expressed
by industry and the Council. Without
the actions taken in this final rule,
fishermen that have access to markets
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might find it challenging to meet
demand, while overall harvest will be
much diminished from that projected
during the 2019–2020 biennial harvest
specifications process. Markets will
likely take time to recover from current
conditions. As they do, further action
can be considered based on updated
fishery data to keep harvest of these
groundfish species below their
respective management points (i.e., HG,
ACL, and non-trawl allocation), while
providing fishing opportunity to meet
market demands, through the end of the
year.
These coastwide trip limit
adjustments are anticipated to help
offset economic losses to coastal
communities from state fishery closures
and stagnant markets. Coastal
communities, across all three states,
would normally be expecting
approximately $68.3 million in
economic contributions from
recreational fishing between March–
May 2020. Recreational fisheries
closures or delayed seasons in all three
states will severely limit the expected
economic contributions that those
fisheries provide to coastal
communities. In commercial fisheries,
effort is down due to market issues, and
the changes in this final rule could
provide up to an additional $2 million
in ex-vessel revenue to harvesters, not
including benefits to communities and
associated businesses, from what was
estimated without this action. 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 be
published and could be implemented
before the end of the calendar 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.
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Therefore, the NMFS finds reason to
waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1) so that
this final rule may become effective
upon publication in the Federal
Register. The adjustments to
management measures in this document
affect commercial 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 April 2020
meetings, and recommended
unanimously by the Council. No aspect
of this action is controversial, and
changes of this nature were anticipated
in the biennial harvest specifications
and management measures established
through a notice and comment
rulemaking for 2019–2020 (83 FR 63970;
December 12, 2018).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
Dated: June 4, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. Table 2 (North) to part 660, subpart
E, is revised to read as follows:
■
Table 2 (North) to Part 660, Subpart 3—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Fear North of 40≥10′ N Lat.
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]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35210-35221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12503]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180625576-8999-02]
RIN 0648-BJ81
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: Effective June 9, 2020.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147
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. At
its April 4-10, 2020 meeting, the Council recommended increased trip
limits for limited entry fixed gear (LEFG) and open access (OA)
fisheries for sablefish, lingcod, canary rockfish, yellowtail rockfish,
nearshore rockfish, shelf rockfish, slope rockfish and flatfish.
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]) 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 mitigation 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. Each of the adjustments to mitigation measures
discussed below are based on updated fisheries information that was
unavailable when the analysis for the current harvest specifications
was completed. As new fisheries data becomes available, adjustments to
mitigation measures are projected to help harvesters achieve but not
exceed the harvest limits. Measures implemented in this rule took into
account fisheries data through the end of March, 2020.
The increased trip limits were requested by industry stakeholders
and the Groundfish Advisory Subpanel (GAP) to relieve some restrictions
for non-trawl commercial fisheries off the coasts of Washington,
Oregon, and California, and to allow increased potential for
utilization of available stocks where markets exist. The trip limit
increases in this action are intended to expand access to certain fish
stocks for the commercial non-trawl
[[Page 35211]]
fleets during overall market declines and state restrictions that may
limit fishing effort, and will help meet the current and rising demand
of smaller domestic markets that are providing fresh fish to coastal
communities and grocers. These increases to trip limits are intended to
provide some relief to coastal fishing communities that have sustained
severe disruptions in markets and decreases in tourist income due to
state fishery closures.
Limited Entry Fixed Gear and Open Access Trip Limits
Due to changes in markets and state restrictions, projections of
catch through the end of the year were expected to remain low, given
lower than expected effort and landings. For example, sablefish
landings north of 36[deg] N lat. were expected to reach only 40 to 70
percent of its non-trawl allocation under the existing trip limits
through the end of the year, down from a projected 68 to 93 percent
attainment through the end of the year, when 2020 trip limits were
previously set at the end of 2019 (85 FR 250, January 3, 2020).
The Council recommended, and NMFS is implementing, trips limits
that provide economic benefits for fishery participants coastwide, but,
primarily provide increased opportunity in California and Oregon,
because Washington does not have a nearshore fishery. Trip limit
changes north of 40[deg]10' N lat. for LEFG and OA Pacific groundfish
fisheries for periods 3-6 (i.e., May-December) are described in Tables
1 and 3. Trip limit changes south of 40[deg]10' N lat. for LEFG and OA
Pacific groundfish fisheries for periods 3-6 (i.e., May-December) are
described in Tables 2 and 4.
Table 1--Trip Limit Increases for LEFG Pacific Groundfish Fisheries
North of 40[deg]10' N Lat. by Species/Stock Complex
------------------------------------------------------------------------
Species/stock complex Area Trip limits
------------------------------------------------------------------------
Minor Slope Rockfish & North of Old: ``6,000 lb
Darkblotched rockfish. 40[deg]10' N lat. (2,722 kg)/2
month''.
New: ``8,000 lb
(3,629 kg)/2
months''.
Sablefish..................... North of Old: ``1,300 lb (590
40[deg]10' N lat. kg) week, not to
exceed 3,900 lb
(1,769 kg)/2
months''.
New: ``1,500 lb (680
kg) week, not to
exceed 4,500 lb
(2,041 kg)/2
months''.
Dover sole, arrowtooth North of Old: ``5,000 lb
flounder, petrale sole, 40[deg]10' N lat. (2,268 kg)/month''.
English sole, starry New: ``10,000 lb
flounder, Other Flatfish. (4,536 kg)/month''.
Minor Shelf Rockfish, North of Old: ``200 lb (91 kg)/
Shortbelly, & Widow Rockfish. 40[deg]10' N lat. month''.
New: ``800 lb (363
kg)/month''.
Yellowtail rockfish........... North of Old: ``1,000 lb (454
40[deg]10' N lat. kg)/month''.
New: ``3,000 lb
(1,361 kg)/month''.
Canary rockfish............... North of Old: ``300 lb (136
40[deg]10' N lat. kg)/2 months''.
New: ``3,000 lb
(1,361 kg)/2
months''.
Minor Nearshore Rockfish, 42[deg] N lat. to Old: ``7,000 lb
Washington Black rockfish & 40[deg]10' N lat. (3,175 kg)/2 months,
Oregon Black/blue/deacon no more than 1,500
rockfish. lb (680 kg) of which
may be species other
than black
rockfish''.
New: ``7,000 lb
(3,175 kg)/2 months,
no more than 2,000
lb (907 kg) of which
may be species other
than black
rockfish''.
Lingcod....................... North of 42[deg] Old: ``2,600 lb
N lat. (1,179 kg)/2
months''.
New: ``4,000 lb
(1,814 kg)/2
months''.
42[deg] N lat. to Old: ``1,400 lb (635
40[deg]10' N lat. kg)/2 months''.
New: ``2,000 lb (907
kg)/2 months''.
------------------------------------------------------------------------
Table 2--Trip Limit Increases for LEFG Pacific Groundfish Fisheries
South of 40[deg]10'N Lat. by Species/Stock Complex and Area
------------------------------------------------------------------------
Species/stock complex Area Trip limits
------------------------------------------------------------------------
Minor Slope Rockfish & South of Old:``40,000 lb
Darkblotched rockfish. 40[deg]10' N lat. (18,144 kg)/2
months, of which no
more than 4,000 lb
(1,814 kg) may be
blackgill
rockfish''.
New: ``40,000 lb
(18,144 kg)/2
months, of which no
more than 5,500 lb
(2,495 kg) may be
blackgill
rockfish''.
Sablefish..................... 40[deg]10' N lat. Old: ``1,300 lb (590
to 36[deg] N lat. kg) week, not to
exceed 3,900 lb
(1,769 kg)/2
months''.
New: ``1,500 lb (680
kg) week, not to
exceed 4,500 lb
(2,041 kg)/2
months''.
Dover sole, arrowtooth South of Old: ``5,000 lb
flounder, petrale sole, 40[deg]10' N lat. (2,268 kg)/month''.
English sole, starry New: ``10,000 lb
flounder, Other Flatfish. (4,536 kg)/month''.
Minor Shelf Rockfish, 40[deg]10' N lat. Old: ``Minor shelf
Shortbelly rockfish, Widow to 34[deg]27' N rockfish,
Rockfish (including lat. shortbelly, widow
Chilipepper between 40[deg]10 rockfish, &
N lat.-34[deg]27 N lat. chilipepper: 2,500
lb (1,134 kg)/2
months, of which no
more than 500 lb
(227 kg) may be any
species other than
chilipepper.''.
New: ``8,000 lbs
(3,629 kg)/2 months,
of which no more
than 500 lb (227 kg)
may be vermilion''.
South of Old: ``4,000 lb
34[deg]27' N lat. (1,814 kg)/2
months''.
New: ``5,000 lbs
(2,268 kg)/2 months,
of which no more
than 4,000 lb (1,814
kg) may be vermilion
rockfish''.
[[Page 35212]]
Chilipepper................... South of Old: ``2,000 lb (907
34[deg]27' N lat. kg)/2 months, this
opportunity only
available seaward of
the non-trawl RCA''.
New: ``4,000 lb
(1,814 kg)/2 months,
this opportunity
only available
seaward of the non-
trawl RCA''.
Canary rockfish............... 40[deg]10' N lat. Old: ``300 lb (136
to 34[deg]27' N kg)/2 months''.
lat. New: ``3,500 lb
(1,588 kg)/2
months''.
South of Old: ``300 lb (136
34[deg]27' N lat. kg)/2 months''.
New: ``3,500 lb
(1,588 kg)/2
months''.
Minor Nearshore Rockfish, South of Old: ``1,200 lb (544
California Black rockfish, & 40[deg]10' N kg)/2 months''.
Oregon Black/Blue/Deacon lat.; Shallow New: ``2,000 lb (907
rockfish. nearshore. kg)/2 months''.
South of Old: ``1,200 lb (544
40[deg]10' N kg)/2 months''.
lat.; Deeper New: ``2,000 lb (907
nearshore. kg)/2 months''.
Lingcod....................... South of Old: ``1,200 lb (544
40[deg]10' N lat. kg)/2 months''.
New: ``1,500 lb (680
kg)/2 months''.
------------------------------------------------------------------------
Table 3--Trip Limit Increases for OA Pacific Groundfish Fisheries North
of 40[deg]10' N Lat. by Species/Stock Complex and Area
------------------------------------------------------------------------
Species/stock complex Area Trip limits
------------------------------------------------------------------------
Minor Slope Rockfish & North 40[deg]10' Old: ``500 lb (227
Darkblotched rockfish. N lat. kg)/month''.
New: ``1,000 lb (454
kg)/month''.
Sablefish..................... North of Old: ``300 lb (136
40[deg]10' N lat. kg) day; or one
landing per week up
to 1,200 lb (544
kg), not to exceed
2,400 lb (1089 kg)/2
months''.
New: ``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 kg)/
2 months''.
Dover sole, arrowtooth North of Old: ``3,000 lb
flounder, petrale sole, 40[deg]10' N lat. (1,361 kg)/month, no
English sole, starry more than 300 lb
flounder, Other Flatfish. (136 kg) of which
may be species other
than Pacific
sanddabs''.
New: ``5,000 lb
(2,268 kg)/month''.
Minor Shelf Rockfish, North of Old: ``200 lb (91 kg)/
Shortbelly, & Widow Rockfish. 40[deg]10' N lat. month''.
New: ``800 lb (363
kg)/month'',
Yellowtail rockfish........... North of Old: ``500 lb (227
40[deg]10' N lat. kg)/month''.
New: ``1,500 lb (680
kg)/month''.
Canary rockfish............... North of Old: ``300 lb (136
40[deg]10' N lat. kg)/2 months''.
New: ``1,000 lb (454
kg)/2 months''.
Minor Nearshore Rockfish, 42[deg] N lat. to Old: ``7,000 lb
Washington Black rockfish & 40[deg]10' N lat. (3,175 kg)/2 months,
Oregon Black/blue/deacon no more than 1,500
rockfish. lb (680 kg) of which
may be species other
than black
rockfish''.
New: ``7,000 lb
(3,175 kg)/2 months,
no more than 2,000
lb (907 kg) of which
may be species other
than black
rockfish''.
Lingcod....................... North of 42[deg] Old: ``1,200 lb (544
N lat. kg)/month''.
New: ``2,000 lb (907
kg)/month''.
42[deg] N lat. to Old: ``600 lb (272
40[deg]10' N lat. kg)/month''.
New: ``1,000 lb (454
kg)/month''.
------------------------------------------------------------------------
Table 4--Trip Limit Increases for OA Pacific Groundfish Fisheries South
of 40[deg]10' N Lat. by Species/Stock Complex and Area
------------------------------------------------------------------------
Species/stock complex Area Trip limits
------------------------------------------------------------------------
Minor Slope Rockfish & South of Old: ``10,000 lb
Darkblotched rockfish. 40[deg]10' N lat. (4,536 kg)/2 months,
of which no more
than 800 lb (363 kg)
may be blackgill
rockfish''.
New: ``10,000 lb
(4,536 kg)/2 months,
of which no more
than 1,500 lb (680
kg) may be blackgill
rockfish''.
Sablefish..................... 40[deg]10' N lat. Old: ``300 lb (136
to 36[deg] N lat. kg) day; or one
landing per week up
to 1,200 lb (544
kg), not to exceed
2,400 lb (1,089 kg)/
2 months''.
New: ``300 lb (136
kg) day; or one
landing per week up
to 1,500 lb (680
kg), not to exceed
3,000 lb (1,361 kg)/
2 months.
Dover sole, arrowtooth South of Old: ``3,000 lb
flounder, petrale sole, 40[deg]10' N lat. (1,361 kg)/month, no
English sole, starry more than 300 lb
flounder, Other Flatfish. (136 kg) of which
may be species other
than Pacific
sanddabs''.
New: ``5,000 lb
(2,268 kg)/month''.
[[Page 35213]]
Minor Shelf Rockfish, 40[deg]10' N lat. Old: ``400 lb (181
Shortbelly, Widow rockfish to 34[deg]27' N kg)/2 months''.
and Chilipepper. lat. New: ``4,000 lb
(1,814 kg)/2 months,
of which no more
than 400 lb (181 kg)
may be vermilion''.
South of Old: ``1,500 lb (680
34[deg]27' N lat. kg)/2 months''.
New: ``3,000 lb
(1,361 kg)/2 months,
of which no more
than 1,500 lb (680
kg) may be vermilion
rockfish''.
Canary rockfish............... South of Old: ``300 lb (136
40[deg]10' N lat. kg)/2 months''.
New: ``1,500 lb (680
kg)/2 months''.
Minor Nearshore Rockfish, South of Old: ``1,200 lb (544
California Black rockfish, & 40[deg]10' N kg)/2 months''.
Oregon Black/Blue/Deacon lat.; Shallow New: ``2,000 lb (907
rockfish. nearshore. kg)/2 months''.
South of Old: ``1,200 lb (544
40[deg]10' N kg)/2 months''.
lat.; Deeper New: ``2,000 lb (907
nearshore. kg)/2 months''.
Lingcod....................... South of Old: ``500 lb (227
40[deg]10' N lat. kg)/month''.
New: ``700 lb (318
kg)/month''.
------------------------------------------------------------------------
The changes are expected to increase landings for most species. For
example, for lingcod, the current coastwide estimate for LEFG and OA
mortality is 212.5 mt. With these trip limit increases, total coastwide
LEFG and OA landings of lingcod could increase to between 258 and 289
mt, and ex-vessel revenue could increase by a high of $537,000. The
actual increase in landings will vary depending upon new entrants to
the OA fishery, full attainment of trip limits, and access to healthy,
stable markets. Harvest of these species' non-trawl allocations are
projected to increase between 0.07 percent and 66.7 percent from
expected 2020 catch under current regulations and loss of markets,
depending on the stock. Harvest is not expected to approach or exceed
2020 catch limits through the end of the year (Table 5). Therefore, the
changes in trip limits do not change projected impacts compared to the
impacts evaluated in the 2019-2020 harvest specifications because the
harvest specifications assume that the entire ACL is harvested.
Table 5--Projected Catches Through the End of 2020 Compared to Stock-Specific 2020 ACLs, Where Applicable
----------------------------------------------------------------------------------------------------------------
Projected impacts Projected impacts
before this inseason with this inseason
Stock 2020 ACL (mt) action (percent of action (percent of
ACL) \1\ ACL) \2\
----------------------------------------------------------------------------------------------------------------
Canary rockfish..................................... 1,368 91.7 96
Lingcod North of 40[deg]10' N lat................... 4,541 60.4 61.8
Lingcod South of 40[deg]10' N lat................... 869 83.3 85.4
Darkblotched rockfish............................... 815 95.9 96.0
Minor Slope Rockfish North of 40[deg]10' N lat...... 1,732 84.2 84.2
Nearshore Rockfish South of 40[deg]10' N lat........ 1,163 61.1 70.0
Sablefish North of 36[deg] N lat.................... 5,723 77-86 85-94
Yellowtail rockfish North of 40[deg]10' N lat....... 5,986 92.4 92.4
Yelloweye Rockfish \3\.............................. 49 53 56
Cowcod \3\.......................................... 10 70 90
----------------------------------------------------------------------------------------------------------------
\1\ Assumes full harvest of allocations in individual fishing quota (IFQ) fisheries, exempted fisheries, and
tribal fisheries. Assumes no changes to trip limits or RCA boundaries from what was scheduled to be in place
for 2020, as of December 2019.
\2\ Assumes full harvest of allocations in IFQ fisheries, exempted fisheries, and tribal fisheries. Assumes trip
limit and RCA boundary adjustments recommended by the Council are implemented.
\3\ These values were considered a range of projections due to uncertainty. This table presents the highest
projection from the range of impacts considered by the Council.
The projected increase in landings is expected to occur with only
minor increases in bycatch of non-target species, including yelloweye
rockfish and cowcod. Modifications to the trip limits are projected to
increase mortality of yelloweye rockfish, which is the last remaining
rebuilding groundfish species, between 0.6-1.8 mt. Projected mortality
of yelloweye rockfish due to the increased trip limits remains within
the ACL, with less than 60 percent of the ACL projected to be
harvested. While there is uncertainty in projections, projected impacts
to the yelloweye rockfish mortality in the LEFG and OA fisheries could
double from what is projected to occur and total impacts, when combined
with all other sources, would still be below the ACL. Therefore, the
changes in trip limits do not change projected impacts compared to the
impacts evaluated in the 2019-2020 harvest specifications because the
harvest specifications assume that the entire ACL is harvested.
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 Gretchen
[[Page 35214]]
Hanshew 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 on groundfish fisheries in Washington, Oregon
and California. No aspect of this action is controversial, and changes
to trip limits 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 April 2020 meeting, the Council recommended increases to the
commercial trip limits be implemented as soon as possible so that the
few harvesters that have viable markets can harvest available quotas
that would otherwise be unharvested during a lull in fishing effort.
Each of the adjustments to commercial management measures in this rule
will create more harvest opportunity and allow fishermen to better
attain species that are currently under attained without causing any
additional impacts to the fishery that were not previously considered.
Each of these recommended adjustments also rely on new catch data that
were not available and thus not considered during the 2019-2020
biennial harvest specifications process. New catch information through
March 2020 shows that harvest of these target species (sablefish,
lingcod, canary rockfish, yellowtail rockfish, nearshore rockfish,
shelf rockfish, slope rockfish and flatfish) has been much lower than
anticipated due to diminished effort due to current market conditions
expressed by industry and the Council. Without the actions taken in
this final rule, fishermen that have access to markets might find it
challenging to meet demand, while overall harvest will be much
diminished from that projected during the 2019-2020 biennial harvest
specifications process. Markets will likely take time to recover from
current conditions. As they do, further action can be considered based
on updated fishery data to keep harvest of these groundfish species
below their respective management points (i.e., HG, ACL, and non-trawl
allocation), while providing fishing opportunity to meet market
demands, through the end of the year.
These coastwide trip limit adjustments are anticipated to help
offset economic losses to coastal communities from state fishery
closures and stagnant markets. Coastal communities, across all three
states, would normally be expecting approximately $68.3 million in
economic contributions from recreational fishing between March-May
2020. Recreational fisheries closures or delayed seasons in all three
states will severely limit the expected economic contributions that
those fisheries provide to coastal communities. In commercial
fisheries, effort is down due to market issues, and the changes in this
final rule could provide up to an additional $2 million in ex-vessel
revenue to harvesters, not including benefits to communities and
associated businesses, from what was estimated without this action.
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 be published and could be implemented before the end
of the calendar 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 upon publication in the Federal Register. 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 April 2020 meetings, and recommended unanimously by the
Council. No aspect of this action is controversial, and changes of this
nature were anticipated in the biennial harvest specifications and
management measures established through a notice and comment rulemaking
for 2019-2020 (83 FR 63970; December 12, 2018).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: June 4, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. Table 2 (North) to part 660, subpart E, is revised to read as
follows:
Table 2 (North) to Part 660, Subpart 3--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry Fixed Fear North of 40[deg]10'
N Lat.
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3. Table 2 (South) to part 660, subpart E, is revised to read as
follows:
Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry Fixed Gear South of 40[deg]10'
N Lat.
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0
4. Table 3 (North) to part 660, subpart F, is revised to read as
follows:
Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access Gears North of 40[deg]10' N Lat.
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0
5. Table 3 (South) to part 660, subpart F, is revised to read as
follows:
Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access Gears South of 40[deg]10' N Lat.
[[Page 35220]]
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[FR Doc. 2020-12503 Filed 6-8-20; 8:45 am]
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