Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 70413-70420 [2021-26826]
Download as PDF
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
solutions to support the payer-to-payer
data exchange to continue to move
forward with implementation. The FAQ
noted that for those impacted payers
that are not capable of making the data
available in a FHIR-based format, we
believed that this policy of exercising
enforcement discretion would alleviate
industry tension regarding
implementation; avoid the risk of
discordant, non-standard data flowing
between payers; provide time for data
standards to mature further; and allow
payers additional time to implement the
more sophisticated payer-to-payer data
exchange solutions. We are now
announcing that we expect to extend
this exercise of enforcement discretion
of the payer-to-payer data exchange
requirement until we are able to address
the identified implementation
challenges through future rulemaking.
We anticipate providing an update on
any evaluation of this enforcement
discretion notification and related
actions during calendar year 2022. We
continue to encourage impacted payers
that have already developed FHIR-based
API solutions to support payer-to-payer
data exchange to continue to move
forward with implementation and make
this functionality available on January 1,
2022, or for plan or policy years
beginning on or after January 1, 2022, in
accordance with the CMS
Interoperability and Patient Access final
rule policies. However, for those
impacted payers that are not capable of
making the data available in a FHIRbased API format, we believe this
exercise of enforcement discretion will
alleviate issues regarding
implementation; avoid the risk of
discordant, non-standard data flowing
between payers; provide time for data
standards to further mature through
constant development, testing, and
reference implementations; and allow
payers additional time to implement
more sophisticated payer-to-payer data
exchange solutions.
While the policy in this notification
may result in temporary delay of some
enrollees’ ability to bring their data with
them from one payer to the next, we
believe this decision could ultimately
lead to more standardization and
cohesion of data about enrollees as CMS
provides additional implementation
guidance through future rulemaking.
Finally, our decision to exercise
enforcement discretion for the payer-topayer policy until future rulemaking is
finalized does not affect any other
existing regulatory requirements and
implementation timelines finalized in
the CMS Interoperability and Patient
Access rule finalized on May 1, 2020.
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
Chiquita Brooks-LaSure,
Administrator of the Centers for
Medicare & Medicaid Services,
approved this document on October 15,
2021.
Dated: December 7, 2021.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2021–26764 Filed 12–8–21; 11:15 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201204–0325]
RIN 0648–BL03
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:
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
rebuilding and depleted stocks.
DATES: This final rule is effective
December 10, 2021.
ADDRESSES: 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:
Sean Matson, (206) 526–6187, email:
sean.matson@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
70413
off the coasts of Washington, Oregon,
and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
measures for 2-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). 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 the September 2021 Council
meeting, the Council’s Groundfish
Management Team (GMT) received
requests from industry members and
members of the Council’s Groundfish
Advisory Subpanel to examine the
potential to increase sablefish trips
limits for the fixed gear (FG), limited
entry (LE) and open access (OA) Daily
Trip Limit (DTL) fisheries north of 36°
N lat., and to increase trip limits for
lingcod north of 42° N latitude. The
intent of increasing the sablefish limits
was to increase harvest opportunities for
vessels targeting sablefish, under a mix
of daily, weekly, and bimonthly
landings accumulation limits
(commonly referred to collectively as
‘‘trip limits’’); attainment of harvest
targets for each DTL fishery, and the
northern FG harvest guidelines for
sablefish have been trending much
lower than anticipated throughout 2021.
To evaluate potential increases to
sablefish trip limits, the GMT made
model-based projections of landings
under current regulations, as well as
alternative sablefish trip limits,
including the limits ultimately
recommended by the Council, through
the remainder of the year. Under the
current trip limits, models predict that
landings of sablefish will be far below
the harvest targets for LE, and OA fixed
gear sablefish DTL fisheries north of 36°
N lat. Under the Council’s
recommended trip limits, sablefish
attainment is projected to increase in
the LE DTL fishery north of 36° N
latitude, from between 54–59 percent
attainment, up to between 86 and 95
percent. For the OA DTL fishery, north
of 36° N latitude, the projected gains are
more modest (from between 53 and 60
percent attainment, to between 57 and
E:\FR\FM\10DER1.SGM
10DER1
70414
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
66 percent); however, the OA model is
more uncertain and less well informed
than the LE model, the changes (both to
LE and OA) should allow some
beneficial increase in attainment, while
being sufficiently precautionary.
The Council also recommended
changes to trip limits for lingcod north
of 42° N latitude, after request from
industry and analysis by the GMT, in
order to reduce regulatory discard,
which results in waste and lost revenue.
Projected impacts to total fishing
mortality are nearly identical between
the current and recommended trip
limits for lingcod, and well within the
margin for error, but based on the
analysis by the GMT, the higher landing
limits are predicted to convert lost fish
as discard, into landings and revenue,
rather than inspire additional effort. By
maintaining the same level of effort, and
total fishing mortality, this increase in
trip limits is not predicted to increase
bycatch of yelloweye rockfish, which is
managed under a rebuilding plan, and is
a constraint to this fixed gear lingcod
attainment.
At its meeting on September 9–15,
2021, the Council recommended
increasing trip limits for the LE and OA
FG sablefish, DTL fisheries north of 36°
N latitude. The Council also
recommended increasing trip limits for
the FG lingcod fishery, north of 42° N
latitude (LE and OA), beginning as soon
as possible, for the remainder of the
2021 fishing year and for subsequent
November–December periods in later
years until superseded. NMFS
published these inseason adjustments
on October 29, 2021 (86 FR 59876), for
vessels using gear other than pot/trap
gear. This gear-based limitation was
because of the lack of a Marine Mammal
Protection Act (MMPA) 101(a)(5)(E)
permit for the incidental taking of
marine mammals in the sablefish pot
gear commercial fisheries. West coast
sablefish pot gear fisheries are
considered Category II fisheries under
the MMPA’s List of Fisheries, indicating
occasional interactions with marine
mammals, due to occasional incidental
mortality and serious injury to
Endangered Species Act-listed
humpback whales (the CA/OR/WA
stock of humpback whales). Vessels
fishing for sablefish with pot gear also
incidentally catch and retain other
groundfish species, including lingcod.
All other West Coast groundfish
fisheries, including trawl and longline
fisheries, are considered Category III
fisheries under the MMPA, indicating a
remote likelihood of, or no known
serious injuries or mortalities to, marine
mammals. Because sablefish pot gear
fisheries are Category II fisheries, NMFS
is required to issue a MMPA 101(a)(5)(E)
permit for the taking of marine
mammals after making a negligible
impact determination (NID). NMFS
published a notice of proposed issuance
of a MMPA 101(a)(5)(E) permit and
proposed NID in the Federal Register on
October 22, 2021 (86 FR 58641). On
December 8, 2021, NMFS issued an
MMPA section 101(a)(5)(E) permit for
the sablefish pot gear fishery.
These inseason adjustments increase
the trip limits for vessels using pot/trap
gear to match the limits in place for
other FGs since October 29, 2021. The
background on the rationale for the trip
limit increases and the modeling that
was completed in support of these
inseason recommendations can be
found in the preamble to 86 FR 59876
(October 29, 2021).
Summary of Changes
Trip limit increases for sablefish are
intended to increase attainment of the
LE and OA DTL fisheries, which each
contribute to attainment of the nontrawl HG for sablefish north of 36° N
latitude. The proposed trip limit
increases do not change projected
impacts to co-occurring rebuilding
species as analyzed in the 2021–2022
harvest specifications because the
projected impacts to those species
assume that the entire sablefish Annual
Catch Limit (ACL) is harvested.
Recommended increases to lingcod
north of 42° N latitude are intended to
convert regulatory discards into
landings and associated revenue, and
are not predicted to increase effort or
bycatch of co-occurring rebuilding
species. Therefore, the Council
recommended, and NMFS is
implementing, by modifying Table 2,
North and South to part 660, subpart E,
trip limit changes for the LE FG fishery
north of 40°10′ N lat., as well as Table
3, North and South to part 660, subpart
F, to increase the limits as shown in
tables 1 and 2 in this rule.
TABLE 1—TRIP LIMITS BY GEAR TYPE FOR SABLEFISH NORTH OF 36° N LATITUDE FOR THE REMAINDER OF 2021 AND
NOVEMBER–DECEMBER PERIODS THEREAFTER UNTIL SUPERSEDED
Trip limit for vessels using pot/trap gear
LEFG ................
OA ....................
4,500 lb (2,041 kg)/week, not to exceed 9,000 lb (4,082 kg)/2 months.
600 lb (272 kg), or 1 landing per week of up to 3,000 lb (1,361 kg), not to exceed 6,000 lb (2,722 kg)/2 months.
TABLE 2—TRIP LIMITS BY GEAR TYPE FOR LINGCOD NORTH OF 42° N LATITUDE FOR THE REMAINDER OF 2021 AND
NOVEMBER–DECEMBER PERIODS THEREAFTER UNTIL SUPERSEDED
Trip limit for vessels using pot/trap gear
LEFG ................
OA ....................
5,000 lb (2,268 kg)/2 months.
2,500 lb (1,134 kg)/month.
jspears on DSK121TN23PROD with RULES1
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
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
exempt from review under Executive
Order 12866.
The aggregate data upon which these
actions are based are available for public
inspection by contacting Dr. Sean
Matson in the West Coast Region (see
FOR FURTHER INFORMATION CONTACT,
above), or by visiting the NMFS West
Coast Groundfish website: https://
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
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 increase trip limits for
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
fisheries off Washington, Oregon, and
California to allow for greater
attainment of allocations. 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).
The Council recommended sablefish
limit changes to increase opportunity to
attain harvest targets and allocations for
the respective fisheries, and contribute
to attainment of the ACL. New
information became available at the
Council’s September 2021 meeting
showing that harvest was tracking much
lower than projections made during the
harvest specifications process due to
changing fishery conditions. The
updated trip limits being implemented
in this rule are anticipated to increase
landings and fishing community
revenue, while maintaining harvest
within scientifically informed
conservation limits, concomitant with
the goals of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
The Council recommended increased
lingcod landing limits to reduce
regulatory discard; new information
became available at the Council’s
September 2021 meeting indicating that
current levels of landing limits were
having the unintended consequence of
causing fishers to discard substantial
amounts of catch. Implementing the
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
recommended trip limits is projected to
reduce regulatory discards, without
changing attainment rate of the
allocation, by enabling those fish to be
landed rather than wasted, and produce
fisher and community revenue.
Delaying implementation to allow for
public comment would 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
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, 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 lower trip limits in
light of information showing lower than
usual attainment. These adjustments
were requested by the Council’s
advisory bodies, as well as by members
of industry during the September 2021
meeting, and recommended
unanimously by the Council. No aspect
of this action is controversial, and
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
70415
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).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
Dated: December 7, 2021.
Ngagne Jafnar Gueye,
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. Revise Table 2 (North) to part 660,
subpart E, to read as follows:
■
Table 2 (North) to Part 660, Subpart E—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Gear North of 40≥10′ N Lat.
BILLING CODE 3510–22–P
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
3. Revise Table 2 (South) to part 660,
subpart E, to read as follows:
jspears on DSK121TN23PROD with RULES1
■
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
Table 2 (South) to Part 660, Subpart E—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Gear South of 40≥10′ N Lat.
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
E:\FR\FM\10DER1.SGM
10DER1
ER10DE21.013
70416
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
Table 3 (North) to Part 660, Subpart F—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access
Gears North of 40≥10′ N Lat.
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
E:\FR\FM\10DER1.SGM
10DER1
ER10DE21.014
4. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
■
70417
VerDate Sep<11>2014
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
15:55 Dec 09, 2021
Jkt 256001
PO 00000
Frm 00070
Fmt 4700
Sfmt 4725
E:\FR\FM\10DER1.SGM
10DER1
ER10DE21.015
jspears on DSK121TN23PROD with RULES1
70418
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
Table 3 (South) to Part 660, Subpart F—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access
Gears South of 40≥10′ N Lat.
PO 00000
Frm 00071
Fmt 4700
Sfmt 4725
E:\FR\FM\10DER1.SGM
10DER1
ER10DE21.016
5. Revise Table 3 (South) to part 660,
subpart F, to read as follows:
■
70419
Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
[FR Doc. 2021–26826 Filed 12–9–21; 8:45 am]
BILLING CODE 3510–22–C
ACTION:
DEPARTMENT OF COMMERCE
action.
National Oceanic and Atmospheric
Administration
SUMMARY:
50 CFR Part 660
[Docket No. 211203–0251]
RIN 0648–BL01
jspears on DSK121TN23PROD with RULES1
Temporary rule; emergency
Fisheries Off West Coast States;
Emergency Action to Temporarily
Reopen the Sablefish Primary Fishery
Season for Vessels Using Pot Gear
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Sep<11>2014
15:55 Dec 09, 2021
Jkt 256001
This emergency rule
temporarily reopens the 2021 sablefish
primary fishery for vessels using pot/
trap gear effective December 10, 2021, to
December 31, 2021. This action is
necessary to provide operational
flexibility so that vessels in the sablefish
primary fishery are able to fully harvest
their tier limits despite high economic
uncertainty in 2021.
Effective December 10, 2021,
until December 31, 2021.
DATES:
Frm 00072
This emergency rule and supporting
documents, including a Supplemental
Information Report prepared for this
action, are accessible via the internet at
the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are also
available at the NMFS West Coast
Region website at: https://
www.fisheries.noaa.gov/species/westcoast-groundfish and at the Pacific
Fishery Management Council’s website
at https://www.pcouncil.org/managed_
fishery/groundfish/.
FOR FURTHER INFORMATION CONTACT:
Abbie Moyer, phone: 206–305–9601, or
email: Abbie.moyer@noaa.gov.
ADDRESSES:
PO 00000
Electronic Access
Fmt 4700
Sfmt 4700
E:\FR\FM\10DER1.SGM
10DER1
ER10DE21.017
70420
Agencies
[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70413-70420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26826]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BL03
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
management measures in commercial groundfish fisheries. This action is
intended to allow commercial fishing vessels to access more abundant
groundfish stocks while protecting rebuilding and depleted stocks.
DATES: This final rule is effective December 10, 2021.
ADDRESSES: 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: Sean Matson, (206) 526-6187, 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 2-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). 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 the September 2021 Council meeting, the Council's Groundfish
Management Team (GMT) received requests from industry members and
members of the Council's Groundfish Advisory Subpanel to examine the
potential to increase sablefish trips limits for the fixed gear (FG),
limited entry (LE) and open access (OA) Daily Trip Limit (DTL)
fisheries north of 36[deg] N lat., and to increase trip limits for
lingcod north of 42[deg] N latitude. The intent of increasing the
sablefish limits was to increase harvest opportunities for vessels
targeting sablefish, under a mix of daily, weekly, and bimonthly
landings accumulation limits (commonly referred to collectively as
``trip limits''); attainment of harvest targets for each DTL fishery,
and the northern FG harvest guidelines for sablefish have been trending
much lower than anticipated throughout 2021. To evaluate potential
increases to sablefish trip limits, the GMT made model-based
projections of landings under current regulations, as well as
alternative sablefish trip limits, including the limits ultimately
recommended by the Council, through the remainder of the year. Under
the current trip limits, models predict that landings of sablefish will
be far below the harvest targets for LE, and OA fixed gear sablefish
DTL fisheries north of 36[deg] N lat. Under the Council's recommended
trip limits, sablefish attainment is projected to increase in the LE
DTL fishery north of 36[deg] N latitude, from between 54-59 percent
attainment, up to between 86 and 95 percent. For the OA DTL fishery,
north of 36[deg] N latitude, the projected gains are more modest (from
between 53 and 60 percent attainment, to between 57 and
[[Page 70414]]
66 percent); however, the OA model is more uncertain and less well
informed than the LE model, the changes (both to LE and OA) should
allow some beneficial increase in attainment, while being sufficiently
precautionary.
The Council also recommended changes to trip limits for lingcod
north of 42[deg] N latitude, after request from industry and analysis
by the GMT, in order to reduce regulatory discard, which results in
waste and lost revenue. Projected impacts to total fishing mortality
are nearly identical between the current and recommended trip limits
for lingcod, and well within the margin for error, but based on the
analysis by the GMT, the higher landing limits are predicted to convert
lost fish as discard, into landings and revenue, rather than inspire
additional effort. By maintaining the same level of effort, and total
fishing mortality, this increase in trip limits is not predicted to
increase bycatch of yelloweye rockfish, which is managed under a
rebuilding plan, and is a constraint to this fixed gear lingcod
attainment.
At its meeting on September 9-15, 2021, the Council recommended
increasing trip limits for the LE and OA FG sablefish, DTL fisheries
north of 36[deg] N latitude. The Council also recommended increasing
trip limits for the FG lingcod fishery, north of 42[deg] N latitude (LE
and OA), beginning as soon as possible, for the remainder of the 2021
fishing year and for subsequent November-December periods in later
years until superseded. NMFS published these inseason adjustments on
October 29, 2021 (86 FR 59876), for vessels using gear other than pot/
trap gear. This gear-based limitation was because of the lack of a
Marine Mammal Protection Act (MMPA) 101(a)(5)(E) permit for the
incidental taking of marine mammals in the sablefish pot gear
commercial fisheries. West coast sablefish pot gear fisheries are
considered Category II fisheries under the MMPA's List of Fisheries,
indicating occasional interactions with marine mammals, due to
occasional incidental mortality and serious injury to Endangered
Species Act-listed humpback whales (the CA/OR/WA stock of humpback
whales). Vessels fishing for sablefish with pot gear also incidentally
catch and retain other groundfish species, including lingcod. All other
West Coast groundfish fisheries, including trawl and longline
fisheries, are considered Category III fisheries under the MMPA,
indicating a remote likelihood of, or no known serious injuries or
mortalities to, marine mammals. Because sablefish pot gear fisheries
are Category II fisheries, NMFS is required to issue a MMPA
101(a)(5)(E) permit for the taking of marine mammals after making a
negligible impact determination (NID). NMFS published a notice of
proposed issuance of a MMPA 101(a)(5)(E) permit and proposed NID in the
Federal Register on October 22, 2021 (86 FR 58641). On December 8,
2021, NMFS issued an MMPA section 101(a)(5)(E) permit for the sablefish
pot gear fishery.
These inseason adjustments increase the trip limits for vessels
using pot/trap gear to match the limits in place for other FGs since
October 29, 2021. The background on the rationale for the trip limit
increases and the modeling that was completed in support of these
inseason recommendations can be found in the preamble to 86 FR 59876
(October 29, 2021).
Summary of Changes
Trip limit increases for sablefish are intended to increase
attainment of the LE and OA DTL fisheries, which each contribute to
attainment of the non-trawl HG for sablefish north of 36[deg] N
latitude. The proposed trip limit increases do not change projected
impacts to co-occurring rebuilding species as analyzed in the 2021-2022
harvest specifications because the projected impacts to those species
assume that the entire sablefish Annual Catch Limit (ACL) is harvested.
Recommended increases to lingcod north of 42[deg] N latitude are
intended to convert regulatory discards into landings and associated
revenue, and are not predicted to increase effort or bycatch of co-
occurring rebuilding species. Therefore, the Council recommended, and
NMFS is implementing, by modifying Table 2, North and South to part
660, subpart E, trip limit changes for the LE FG fishery north of
40[deg]10' N lat., as well as Table 3, North and South to part 660,
subpart F, to increase the limits as shown in tables 1 and 2 in this
rule.
Table 1--Trip Limits by Gear Type for Sablefish North of 36[deg] N
Latitude for the Remainder of 2021 and November-December Periods
Thereafter Until Superseded
------------------------------------------------------------------------
Trip limit for vessels using pot/trap gear
------------------------------------------------------------------------
LEFG..................... 4,500 lb (2,041 kg)/week, not to exceed 9,000
lb (4,082 kg)/2 months.
OA....................... 600 lb (272 kg), or 1 landing per week of up
to 3,000 lb (1,361 kg), not to exceed 6,000
lb (2,722 kg)/2 months.
------------------------------------------------------------------------
Table 2--Trip Limits by Gear Type for Lingcod North of 42[deg] N
Latitude for the Remainder of 2021 and November-December Periods
Thereafter Until Superseded
------------------------------------------------------------------------
Trip limit for vessels using pot/trap gear
------------------------------------------------------------------------
LEFG..................... 5,000 lb (2,268 kg)/2 months.
OA....................... 2,500 lb (1,134 kg)/month.
------------------------------------------------------------------------
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 Dr. Sean Matson in the West Coast
Region (see FOR FURTHER INFORMATION CONTACT, above), or by visiting 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
increase trip limits for
[[Page 70415]]
fisheries off Washington, Oregon, and California to allow for greater
attainment of allocations. 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).
The Council recommended sablefish limit changes to increase
opportunity to attain harvest targets and allocations for the
respective fisheries, and contribute to attainment of the ACL. New
information became available at the Council's September 2021 meeting
showing that harvest was tracking much lower than projections made
during the harvest specifications process due to changing fishery
conditions. The updated trip limits being implemented in this rule are
anticipated to increase landings and fishing community revenue, while
maintaining harvest within scientifically informed conservation limits,
concomitant with the goals of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
The Council recommended increased lingcod landing limits to reduce
regulatory discard; new information became available at the Council's
September 2021 meeting indicating that current levels of landing limits
were having the unintended consequence of causing fishers to discard
substantial amounts of catch. Implementing the recommended trip limits
is projected to reduce regulatory discards, without changing attainment
rate of the allocation, by enabling those fish to be landed rather than
wasted, and produce fisher and community revenue.
Delaying implementation to allow for public comment would 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 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, 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
lower trip limits in light of information showing lower than usual
attainment. These adjustments were requested by the Council's advisory
bodies, as well as by members of industry during the September 2021
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 2021-2022 (85 FR 79880).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
Dated: December 7, 2021.
Ngagne Jafnar Gueye,
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 2 (North) to part 660, subpart E, to read as follows:
Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry Fixed Gear North of 40[deg]10'
N Lat.
BILLING CODE 3510-22-P
[[Page 70416]]
[GRAPHIC] [TIFF OMITTED] TR10DE21.013
0
3. Revise Table 2 (South) to part 660, subpart E, 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.
[[Page 70417]]
[GRAPHIC] [TIFF OMITTED] TR10DE21.014
0
4. Revise Table 3 (North) to part 660, subpart F, 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.
[[Page 70418]]
[GRAPHIC] [TIFF OMITTED] TR10DE21.015
[[Page 70419]]
0
5. Revise Table 3 (South) to part 660, subpart F, 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.
[GRAPHIC] [TIFF OMITTED] TR10DE21.016
[[Page 70420]]
[GRAPHIC] [TIFF OMITTED] TR10DE21.017
[FR Doc. 2021-26826 Filed 12-9-21; 8:45 am]
BILLING CODE 3510-22-C