Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 30551-30554 [2021-12107]
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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
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This is a synopsis of the
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Docket No. 21–56; RM–11811; DA 21–
595, adopted May 20, 2021, and
released May 20, 2021. The full text of
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List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
India Malcolm,
Assistant Bureau Chief for Management.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(i), amend the PostTransition Table of DTV Allotments,
under Arkansas, by revising the entry
for Jonesboro to read as follows:
■
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§ 73.622 Digital television table of
allotments.
*
*
*
(i) * * *
VerDate Sep<11>2014
*
*
Community
*
*
Channel No.
*
*
*
ARKANSAS
*
*
*
Jonesboro .........................
*
*
*
*
*
* 20, 27, 48
*
*
[FR Doc. 2021–12052 Filed 6–8–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201204–0325]
RIN 0648–BK58
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2021–2022 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:
Jkt 253001
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
2021–2022 biennium for most species
managed under the PCGFMP on
December 11, 2020 (85 FR 79880).
NMFS also published a correction (85
FR 86853, December 31, 2020) and
correcting amendments (86 FR 14379,
March 16, 2021; 86 FR 27816, May 24,
2021) to implement the Council’s
recommendations for the 2021–2022
harvest specifications and management
measures.
The management measures set at the
start of the biennial harvest
specifications cycle help the 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 the
April 8–9 and 12–15, 2021, virtual
meetings, the Council recommended
adjusting the incidental retention
allowance for lingcod in the salmon
troll fishery north of 40°10′ N lat.
SUMMARY:
Lingcod Retention in the Salmon Troll
Fishery
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/.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew, phone: 206–526–
6147 or email: gretchen.hanshew@
noaa.gov.
SUPPLEMENTARY INFORMATION:
The commercial fishery for salmon
using trolled hook and line gear
operates off Washington, Oregon, and
California, usually beginning in the
spring. This fishery is managed by
NMFS and co-managers (states and the
tribes) to harvest, but not exceed,
salmon harvest targets that are set
annually, based on the best available
scientific information. Participants in
the salmon troll fishery are not
prohibited from fishing for salmon in
areas that are closed to groundfish
fishing, like the non-trawl Rockfish
Conservation Area (RCA). Salmon
trollers, however, when fishing in the
RCA north of 40°10′ N. lat., are
prohibited from retaining groundfish
with two exceptions; yellowtail rockfish
and lingcod may be retained in limited
quantities and subject to an incidental
retention ratio of groundfish to Chinook
salmon.
The 2021–2022 harvest specifications
and management measures final rule,
published on December 11, 2020 (85 FR
79880), maintained the existing
This final rule announces
routine inseason adjustments to the
harvest limits for incidental lingcod
retention in the salmon troll fishery
north of 40°10′ N lat.
DATES: This final rule is effective June
9, 2021.
ADDRESSES:
Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
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30552
Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
incidental retention ratio for lingcod,
which was last revised in 2019. At the
April 8–9 and 12–15, 2021, virtual
meeting, the Council recommended a
change in the incidental retention ratio
to increase the number of incidentally
caught lingcod that may be retained per
Chinook salmon.
As described in the 2019–2020
harvest specifications and management
measures Environmental Assessment,
the Council’s objectives with the
lingcod landing ratio in the salmon troll
fishery coupled with a per trip
maximum retention limit are to allow
incidentally caught lingcod to be
landed. The intent of this ratio is to
strike a balance between providing a
modest economic benefit to the salmon
troll fishery and reducing regulatory
discards of lingcod, while also
dissuading targeting of lingcod and not
preempting targeted lingcod harvest
opportunities in the groundfish fishery.
The most recent stock assessment
(2017) indicates that biomass of lingcod
has been increasing since 1999. Salmon
trollers also testified at the April
Council meeting that they are catching
lingcod more often than in previous
years when targeting Chinook salmon.
While lingcod are increasing in
abundance, Chinook salmon harvest
opportunities are becoming more
restricted. Landings and numbers of
trips, which are indicators of fishing
effort, for Chinook salmon in 2020 were
the lowest since 2011, which is likely
due to effects of the COVID–19
pandemic, as well as restricted Chinook
salmon harvest opportunities in low
abundance years. With low Chinook
salmon harvest in 2020, lingcod reached
its highest revenue contributions to
salmon troll fishermen. This indicates
that lingcod is contributing to fishing
portfolios of some salmon troll
fishermen, though the number of
salmon troll vessels that retain lingcod
(approximately 13.5 percent) has
remained fairly steady since 2011. In
response to these changes, at the April
Council meeting, industry requested a
change in the incidental lingcod
retention ratio in the salmon troll
fishery to allow for increased lingcod
retention. Industry did not request a
change to the incidental lingcod
retention trip limit of ten lingcod or to
any of the other lingcod harvest limits.
In response to industry’s request, the
Council considered most recently
available scientific and fishery
information, including but not limited
to harvest levels in the salmon troll
fishery in recent years, mortality
estimates for 2019, and forecasts for
ocean salmon fisheries. Based on this
information, the Council recommended
VerDate Sep<11>2014
17:15 Jun 08, 2021
Jkt 253001
a change to the lingcod landing ratio in
the salmon troll fishery.
The Council’s recommendation to the
incidental lingcod retention ratio in the
salmon troll fishery was based on:
(1) A lack of evidence that salmon
trollers were targeting lingcod during
Chinook salmon trips under the 2019
and 2020 landing ratio:
(2) Predicted harvests of lingcod and
co-occurring yelloweye rockfish that are
expected to remain well within the 2021
Annual Catch Limits, while not
preempting targeted groundfish fishing
opportunities;
(3) anecdotal information about an
increasing lingcod encounter rate in the
salmon troll fishery; and
(4) the economic benefits of reducing
regulatory discards and allowing
retention of lingcod, particularly in
Chinook salmon low abundance years.
Therefore, the Council recommended,
and NMFS is implementing, a change in
the incidental lingcod retention ratio in
the salmon troll fishery north of 40°10′
N. lat. from a ratio of one lingcod per
five Chinook salmon to a ratio of one
lingcod per two Chinook salmon. The
rules allowing a ‘‘plus one’’ lingcod in
addition to the ratio, a ten lingcod per
trip limit, and a 1,000 lbs/month limit
would remain in place.
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 Abbie Moyer
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/.
NMFS finds good cause to waive prior
public notice and comment on the
revisions to groundfish management
measures under 5 U.S.C. 553(b) because
notice and comment would be
impracticable and contrary to the public
interest. The adjustments to
management measures in this document
affect commercial fisheries off the coasts
of Washington, Oregon, and northern
California. No aspect of this action is
controversial, and changes of this nature
were anticipated in the final rule for the
2021–2022 harvest specifications and
management measures which was
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published on December 11, 2020 (85 FR
79880). Accordingly, for the reasons
stated below, NMFS finds good cause to
waive prior notice and comment.
At its April 2021 meeting, the Council
recommended changing the retention
ratio of lingcod to Chinook salmon in
the salmon troll fishery to allow lingcod
to be retained up to the status quo ten
lingcod trip limit even if fewer Chinook
salmon are on board. The Council
recommends relieving the restriction
imposed by the ratio as soon as possible,
early in the salmon troll season, in an
effort to reduce regulatory discards of
lingcod in the salmon troll fishery north
of 40°10′ N. lat. The 2020 fishery
information upon which this
recommendation is based, was not
complete and available until early 2021,
and therefore could not have been used
during the development of the 2021–
2022 harvest specifications and
management measures.
Additionally, if the new retention
ratio is not implemented until closer to
the end of the Chinook salmon troll
season, after proposed and final
rulemaking, lingcod would continue to
be discarded rather than retained.
Leaving the old ratio in place would fail
to meet the Councils objectives to
reduce regulatory discards of lingcod,
and to provide economic benefits to the
salmon troll fishery while not
preempting directed groundfish
fisheries. Therefore, providing a
comment period for this action could
limit the benefits to the salmon troll
fishery, and the vessels that participate
in it.
Because prior notice and an
opportunity for public comment are not
required to be provided for this rule by
5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
For the same reasons stated above,
NMFS has determined good cause exists
to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)
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 changing
the lingcod to Chinook salmon retention
ratio in the salmon troll fishery north of
40°10′ N lat. This adjustment was
requested by the Council’s advisory
bodies, as well as members of industry,
during the Council’s April 2021,
meeting, and recommended
unanimously by the Council. No aspect
of this action is controversial, and
E:\FR\FM\09JNR1.SGM
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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
changes of this nature were anticipated
in the biennial harvest specifications
and management measures established
through a notice and comment
rulemaking for 2021–2022 (85 FR 79880,
December 11, 2020).
List of Subjects in 50 CFR Part 660
Dated: June 4, 2021.
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:
Fisheries, Fishing, Indian fisheries.
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. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
■
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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
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- - - --------- ------- ---- ----- - -- -- - ------- -- -
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--- -- - --- --- -
----- - ---- ------- ------- ---- - - - - -- - ------ -- - -- - - ---- -- - --- --------
-
~able 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40° 1 0' N. lat.
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JAN-FEB
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MAR-APR
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MAY-JUN
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JUL-AUG
I
SEP-OCT
I
NOV-DEC
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Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table
~ockfish Conservation Area (RCA)11 :
I 1 1North of 46°16' N. lat.I
i 5/25/2021
shoreline-100 fm line"
[ 2 . •
•
40 fm line" -100fm line"
r3- 46 16' N. lat. - 40 10' N. lat.
30 fm line"- 40 fm line 1121
1 :see §§660.60, 660.330 and 660.333 for add111ona1 gear, trip 11m1t ana conservation area requirements ana restnct,ons. :see 99oou.7U-oou.74
I and §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank,
I
and EFHCAsl.
State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
If 4
Minor Slope Rockfish" & Darkblotched
rockfish
2,000 lbs/ months
~ Pacific ocean perch
100 lbs/ month
1 6 ISablefish
600 lbs. daily, or 1 landing per week up to 2,000 lbs, not to exceed 4,000 lbs/2 months
i-7-,Shortpine thornvheads
50 lb/month
I 8 Longspine thornyheads
50 lb/month
I 9 Dover sole, arrowtooth flounder,
~ petrale sole, English sole, starry
5,000 lbs/ month
l!..1_ flounder Other Flatfish 4181
!_12 Whiting
300 lbs/ month
I 13 Minor Shelf Rockfish"
800 lbs/ month
~4 Widow rockfish
2,000 lb/ 2 months
' 15 Shortbelly Rockfish
200 lbs / month
Yellowtail rockfish
1,500 lbs/ month
Canarv rockfish
1,000 lbs/ 2 months
[ 18 Yelloweye rockfish
CLOSED
l"t9- Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish & CA black rockfish
North of 42 • 00 , N. lat.
5,000 lb/ 2 months, no more than 1 ,200 lb of which may be species other than black rockfish or
Li
blue/deacon rockfish 51
121
42°00' N. lat.-40°10' N. lat.
7,000 lb/2 months, no more than 2,000 lb of which maybe species other than blackrockfish
[22 1Lingcod 61
I 2J'
North of 42°00' N. lat.
2,000 lbs/ month
~42°00' N. lat. - 40° 10' N. lat.
1,000 lbs/ month
Pacific cod
1 ,000 lbs/ 2 months
150,000 lbs/ 2 I
Spiny dogfish
200,000 lbs/ 2 months
1
months
100,000 lbs/ 2 months
l!.6l!.?:
r-
m
rj
z
0
r
~
:::r
[=6
127 1Lonanose skate
28 Big skate
Unlimited
Unlimited
[29 Other Fish 71 & Cabezon in California
Unlimited
[ 30 Oreaon Cabezon/Kelp Greenlina
Unlimited
l~iSALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish and lingcod, as described below)
Salmon !rollers may retain and land up to 500 lbs of yellowtail rockfish per month as long as salmon is on
board, both within and outside of the RCA. Salmon !rollers may retain and land up to 1 lingcod per 2
Chinook per trip, plus 1 lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs
32 North
within the RCA. The lingcod limit only applies during times when lingcod retention is allowed, and is not
"CLOSED." Theses limits are within the per month limits described in the table above, and not in addition
to those limits. All groundfish species are subject to the open access limits, seasons, size limits and
RCA restrictions listed in the table above, unless otheiwise stated here.
I
33 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
Effective April 1 - October 31: Groundfish: 500 lbs/day, multiplied by the number of days of the trip, not
to exceed 1,500 lbs/trip. The following sublimits also apply and are counted toward the overall 500
lbs/day and 1 ,500 lbs/trip groundfish limits: lingcod 300 lbs/month (minimum 24 inch size limit); sablefish
2,000 lbs/month; cana,y, thomyheads and yelloweye rockfish are PROHIBITED. All othergroundfish
species taken are managed under the overall 500 lbs/day and 1,500 lbs/trip groundfish limits. Landings
of these species count toward the per day and per trip groundfish limits and do not have species-specific
limits. The amount of groundfish landed may not exceed the amount of pink shrimp landed.
34 North
----'-----------------'---------------------------------------'---!
I1/ The Rockfish Conservation Area Is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
~--~E-~gitude coordinates set out a~__§§ 660.?1-660.74. This RCA is not defined by d~pth contours (\Mth the exception of the 2 0 - f ~ - - - - - - - - - - - - - - - - - - - - 1
L ~~th contour boundary south of 42
N. lat.), and the boundary lines that define the~RC~A=ma=y~cl~o•~•~•~re~•=•=lh=•~l•=re~d•~•LP=•r~o=r~•h=•=llo~we='------------------1
~"- !than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any p u . ! P _ c c o ~ • = • - - - - - - - - - - - - - - - - - '
other than transiting.
12/ Betvi.een 46°16' N. lat. and 40°10' N. lat. and the 30 fm and 40 fm lines, fi~hing is onlyallm,ved \Mth hook-and-line gear except bottom longl!!!~-~~~l~!~~~~.9~~~ defi~~-~-~~~11 --~
~~!~~io, _c~~ipepper and co'IM::Dd rockfishes are included in 1he trip limits for Minor Shelf Rockfish. Splitnose rockfish is included in the trip
i
I I
~~ I limits for Minor Slope Rockfish.
~~9!1:1_~-~<:'-_!f"~~~~ defined at§ 660.11 and include butter_~.E!~2.~-~r1fin -~~-'-~~!head sole, Pacific sanddab, rex sole~,_ro_c_k_s_ol~••-•_nd_sa_n_d_so_le_._ _ _ _ _ _ _ _ _ _ _ _ _ _ _----t
I
15/ FIor bla~k rockfis~_north _of ~ape Aiava (48°09.50' N. lat.), a~d belvleen Destruction Is. ~47°40' ~- lat.) and Leadbetter Pnt. (4~ 38._17' N. lat),
0
--~--~---i
~"_Jthere Is an additional hm1t of 100 lbss or 30 percent byvve1ght of all fish on board, whichever Is g~ater, pervess~tP~E_fish1ng trip.
~; ;;;h:~~:~:~i::,:~~;
~n~:~ :•82n~ii~:~;.<~~l;~~~~:~~n~~hCNa~i~:;i~4:~dNl~:~:~d5~::ches (61 cm) total length South of 42° N lat
. --------- ______
i 8/ Open access vessels are allo\Jlled to fish inside groundfish conservation areas using hook and line only. See section 660.330 (d) of the regulations for more information.
1
·
[FR Doc. 2021–12107 Filed 6–8–21; 8:45 am]
BILLING CODE 3510–22–C
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ITo convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
]]>Agencies
[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Rules and Regulations]
[Pages 30551-30554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12107]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BK58
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021-2022 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 the
harvest limits for incidental lingcod retention in the salmon troll
fishery north of 40[deg]10' N lat.
DATES: This final rule is effective June 9, 2021.
ADDRESSES:
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/.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147
or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and
its implementing regulations at title 50 in the Code of Federal
Regulations (CFR), part 660, subparts C through G, regulate fishing for
over 90 species of groundfish off the coasts of Washington, Oregon, and
California. The Pacific Fishery Management Council (Council) develops
groundfish harvest specifications and management measures for two-year
periods (i.e., a biennium). NMFS published the final rule to implement
harvest specifications and management measures for the 2021-2022
biennium for most species managed under the PCGFMP on December 11, 2020
(85 FR 79880). NMFS also published a correction (85 FR 86853, December
31, 2020) and correcting amendments (86 FR 14379, March 16, 2021; 86 FR
27816, May 24, 2021) to implement the Council's recommendations for the
2021-2022 harvest specifications and management measures.
The management measures set at the start of the biennial harvest
specifications cycle help the 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 the April 8-9
and 12-15, 2021, virtual meetings, the Council recommended adjusting
the incidental retention allowance for lingcod in the salmon troll
fishery north of 40[deg]10' N lat.
Lingcod Retention in the Salmon Troll Fishery
The commercial fishery for salmon using trolled hook and line gear
operates off Washington, Oregon, and California, usually beginning in
the spring. This fishery is managed by NMFS and co-managers (states and
the tribes) to harvest, but not exceed, salmon harvest targets that are
set annually, based on the best available scientific information.
Participants in the salmon troll fishery are not prohibited from
fishing for salmon in areas that are closed to groundfish fishing, like
the non-trawl Rockfish Conservation Area (RCA). Salmon trollers,
however, when fishing in the RCA north of 40[deg]10' N. lat., are
prohibited from retaining groundfish with two exceptions; yellowtail
rockfish and lingcod may be retained in limited quantities and subject
to an incidental retention ratio of groundfish to Chinook salmon.
The 2021-2022 harvest specifications and management measures final
rule, published on December 11, 2020 (85 FR 79880), maintained the
existing
[[Page 30552]]
incidental retention ratio for lingcod, which was last revised in 2019.
At the April 8-9 and 12-15, 2021, virtual meeting, the Council
recommended a change in the incidental retention ratio to increase the
number of incidentally caught lingcod that may be retained per Chinook
salmon.
As described in the 2019-2020 harvest specifications and management
measures Environmental Assessment, the Council's objectives with the
lingcod landing ratio in the salmon troll fishery coupled with a per
trip maximum retention limit are to allow incidentally caught lingcod
to be landed. The intent of this ratio is to strike a balance between
providing a modest economic benefit to the salmon troll fishery and
reducing regulatory discards of lingcod, while also dissuading
targeting of lingcod and not preempting targeted lingcod harvest
opportunities in the groundfish fishery.
The most recent stock assessment (2017) indicates that biomass of
lingcod has been increasing since 1999. Salmon trollers also testified
at the April Council meeting that they are catching lingcod more often
than in previous years when targeting Chinook salmon. While lingcod are
increasing in abundance, Chinook salmon harvest opportunities are
becoming more restricted. Landings and numbers of trips, which are
indicators of fishing effort, for Chinook salmon in 2020 were the
lowest since 2011, which is likely due to effects of the COVID-19
pandemic, as well as restricted Chinook salmon harvest opportunities in
low abundance years. With low Chinook salmon harvest in 2020, lingcod
reached its highest revenue contributions to salmon troll fishermen.
This indicates that lingcod is contributing to fishing portfolios of
some salmon troll fishermen, though the number of salmon troll vessels
that retain lingcod (approximately 13.5 percent) has remained fairly
steady since 2011. In response to these changes, at the April Council
meeting, industry requested a change in the incidental lingcod
retention ratio in the salmon troll fishery to allow for increased
lingcod retention. Industry did not request a change to the incidental
lingcod retention trip limit of ten lingcod or to any of the other
lingcod harvest limits.
In response to industry's request, the Council considered most
recently available scientific and fishery information, including but
not limited to harvest levels in the salmon troll fishery in recent
years, mortality estimates for 2019, and forecasts for ocean salmon
fisheries. Based on this information, the Council recommended a change
to the lingcod landing ratio in the salmon troll fishery.
The Council's recommendation to the incidental lingcod retention
ratio in the salmon troll fishery was based on:
(1) A lack of evidence that salmon trollers were targeting lingcod
during Chinook salmon trips under the 2019 and 2020 landing ratio:
(2) Predicted harvests of lingcod and co-occurring yelloweye
rockfish that are expected to remain well within the 2021 Annual Catch
Limits, while not preempting targeted groundfish fishing opportunities;
(3) anecdotal information about an increasing lingcod encounter
rate in the salmon troll fishery; and
(4) the economic benefits of reducing regulatory discards and
allowing retention of lingcod, particularly in Chinook salmon low
abundance years.
Therefore, the Council recommended, and NMFS is implementing, a
change in the incidental lingcod retention ratio in the salmon troll
fishery north of 40[deg]10' N. lat. from a ratio of one lingcod per
five Chinook salmon to a ratio of one lingcod per two Chinook salmon.
The rules allowing a ``plus one'' lingcod in addition to the ratio, a
ten lingcod per trip limit, and a 1,000 lbs/month limit would remain in
place.
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 Abbie Moyer 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/.
NMFS finds good cause to waive prior public notice and comment on
the revisions to groundfish management measures under 5 U.S.C. 553(b)
because notice and comment would be impracticable and contrary to the
public interest. The adjustments to management measures in this
document affect commercial fisheries off the coasts of Washington,
Oregon, and northern California. No aspect of this action is
controversial, and changes of this nature were anticipated in the final
rule for the 2021-2022 harvest specifications and management measures
which was published on December 11, 2020 (85 FR 79880). Accordingly,
for the reasons stated below, NMFS finds good cause to waive prior
notice and comment.
At its April 2021 meeting, the Council recommended changing the
retention ratio of lingcod to Chinook salmon in the salmon troll
fishery to allow lingcod to be retained up to the status quo ten
lingcod trip limit even if fewer Chinook salmon are on board. The
Council recommends relieving the restriction imposed by the ratio as
soon as possible, early in the salmon troll season, in an effort to
reduce regulatory discards of lingcod in the salmon troll fishery north
of 40[deg]10' N. lat. The 2020 fishery information upon which this
recommendation is based, was not complete and available until early
2021, and therefore could not have been used during the development of
the 2021-2022 harvest specifications and management measures.
Additionally, if the new retention ratio is not implemented until
closer to the end of the Chinook salmon troll season, after proposed
and final rulemaking, lingcod would continue to be discarded rather
than retained. Leaving the old ratio in place would fail to meet the
Councils objectives to reduce regulatory discards of lingcod, and to
provide economic benefits to the salmon troll fishery while not
preempting directed groundfish fisheries. Therefore, providing a
comment period for this action could limit the benefits to the salmon
troll fishery, and the vessels that participate in it.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
For the same reasons stated above, NMFS has determined good cause
exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C.
553(d) 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 changing the lingcod to Chinook
salmon retention ratio in the salmon troll fishery north of 40[deg]10'
N lat. This adjustment was requested by the Council's advisory bodies,
as well as members of industry, during the Council's April 2021,
meeting, and recommended unanimously by the Council. No aspect of this
action is controversial, and
[[Page 30553]]
changes of this nature were anticipated in the biennial harvest
specifications and management measures established through a notice and
comment rulemaking for 2021-2022 (85 FR 79880, December 11, 2020).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: June 4, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. Revise Table 3 (North) to part 660, subpart F, to read as follows:
BILLING CODE 3510-22-P
[[Page 30554]]
[GRAPHIC] [TIFF OMITTED] TR09JN21.039
[FR Doc. 2021-12107 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-22-C
