80 FR 61318 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range		61318-61326
FR Document		2015-25986

This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to prevent exceeding the 2015 Area 2A Pacific halibut quota for incidental retention in the sablefish primary fishery and the Area 2A Total Allowable Catch (TAC) and to prevent exceeding the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)

[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Rules and Regulations]
[Pages 61318-61326]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25986]



[[Page 61318]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF40


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2015-2016 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 inseason changes to management 
measures in the Pacific Coast groundfish fisheries. This action, which 
is authorized by the Pacific Coast Groundfish Fishery Management Plan 
(PCGFMP), is intended to prevent exceeding the 2015 Area 2A Pacific 
halibut quota for incidental retention in the sablefish primary fishery 
and the Area 2A Total Allowable Catch (TAC) and to prevent exceeding 
the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

DATES: This final rule is effective October 13, 2015.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: 206-526-4646, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the Pacific 
Fishery Management Council's Web site at http://www.pcouncil.org/. 
Copies of the final environmental impact statement (FEIS) for the 
Groundfish Specifications and Management Measures for 2015-2016 and 
Biennial Periods Thereafter are available from Donald McIsaac, 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE Ambassador Place, Portland, OR 97220, phone: 503-820-2280.

Background

Closing Incidental Pacific Halibut Retention in the Sablefish Primary 
Fishery

    The International Pacific Halibut Commission (IPHC) sets the 
Pacific halibut total allowable catch (TAC) on an annual basis. A 
portion of the TAC is available to fisheries in Area 2A (waters off the 
U.S. West Coast). The Council's Catch Sharing Plan (CSP) guides 
allocation of the Area 2A portion of the TAC to the various commercial 
and recreational fisheries in Area 2A. Specifically, it provides that 
if the Area 2A TAC is greater than 900,000 lb, the portion of the 
Washington sport allocation that is in excess of 214,110 lb is 
available to the sablefish primary fishery north of Point Chehalis, WA.
    The final Area 2A halibut TAC for 2015 was adopted by the IPHC at 
their January 26 through January 30, 2015 meeting. Following this 
meeting, NMFS published two final rules implementing the 2015 halibut 
TAC and the CSP. The first rule implementing the TAC published on March 
17, 2015 (80 FR 13771) and second rule implementing the CSP published 
on April 1, 2015 (80 FR 17344). The final 2A TAC resulted in an 
allocation to the limited entry fixed gear (LEFG) sablefish primary 
fishery of 10,348 lb. The incidental fishery opened on April 1, 2015, 
with a landing limit of 75 lb dressed weight of halibut per 1,000 lb 
dressed weight of sablefish, and up to two additional Pacific halibut 
in excess of this ratio. This ratio is implemented in LEFG sablefish 
primary fishery regulations at Sec.  660.231(b)(3)(iv).
    In late August 2015, the Washington Department of Fish and Wildlife 
(WDFW) notified NMFS and IPHC that the incidental Pacific halibut quota 
was projected to be attained and that a closure was likely before the 
end of the scheduled season on October 31. Following this notification, 
NMFS, IPHC, and WDFW met on August 25, 2015, reviewed the catch data, 
and the IPHC closed incidental Pacific halibut retention in the LEFG 
sablefish primary fishery at 12:01 a.m. on September 1, 2015. This 
action was taken consistent with IPHC's inseason authority, as 
described in section 5 of the annual IPHC regulations and in the CSP.
    The Council was notified of the IPHC inseason action at its 
September 11-16, 2015, meeting. To make clear that retention of 
incidentally caught Pacific halibut in the LEFG sablefish primary 
fishery north of Pt. Chehalis, WA, is closed, the Council recommended 
and NMFS is implementing a modification to Sec.  660.231(b)(3)(iv). 
Currently that regulation states the incidental retention ratio; the 
modification would state that incidental retention is closed.

Closure of the Limited Entry Fixed Gear and Open Access Sablefish Daily 
Trip Limit Fisheries North of 36[deg] N. Lat.

    The best available fisheries information indicates that catch of 
sablefish in the commercial non-trawl fisheries north of 36[deg] N. 
lat. is higher than anticipated. The Council considered updated 
projections and the status of ongoing groundfish fisheries at its 
September 11-16, 2015, meeting. Fishery models, updated with the best 
estimate reports from the Pacific Fishery Information Network through 
August 31, 2015, project that sablefish landings through the end of the 
year would exceed the sablefish allocations in both the LEFG and open 
access (OA) daily trip limit (DTL) fisheries north of 36[deg] N. lat. 
Projected landings in the LEFG DTL fishery north of 36[deg] N. lat. 
vary based on assumptions on the price per pound. If no action is taken 
and this higher than anticipated catch continues in the LEFG DTL 
fishery, projected landings range from 126 percent of the allocation 
(low price assumption) to 139 percent of the allocation (high price 
assumption). Also, if no action is taken and higher than anticipated 
catch continues in the OA fishery, projected landings are 126 percent 
of the allocation.
    Sablefish is managed, in part, with two-month cumulative limits. 
Information regarding higher than anticipated catch of sablefish in 
these fisheries came during the Period 5 two-month cumulative limit 
period (September-October). It is very likely that most participating 
vessels will have caught their Period 5 two-month limits by the time a 
closure could be in effect. Therefore, the Council recommended a 
closure beginning at the start of the next bi-monthly cumulative limit 
period (Period 6, November-December), rather than during Period 5. 
Closing these sablefish fisheries November 1 is projected to reduce the 
overage of the allocations for both LEFG and OA DTL fisheries. Landings 
in the LEFG DTL fishery would be reduced to 111 percent--116 percent of 
the allocation and landings in the OA fishery reduced to 102 percent of 
the allocation. The Period 6 closure reduces the risk of exceeding the 
north 36[deg] N. lat. ACL due to the overages in the LEFG and OA DTL 
allocations, and keeps total projected impacts across all fisheries 
below the 2015 sablefish north 36[deg] N. lat. ACL (4,608 mt out of a 
4,792 mt ACL)
    NMFS agrees with the Council recommendation and rationale and is

[[Page 61319]]

implementing a closure for sablefish in the LEFG and OA DTL fisheries 
north of 36[deg] N. lat., beginning November 1, 2015. Starting November 
1, it will be prohibited to take and retain, possess, or land sablefish 
in the LEFG and OA DTL fisheries north 36[deg] N. lat.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information, 
consistent with the PCGFMP and its implementing regulations and the 
Halibut Act 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 at the Office of the Administrator, West Coast 
Region, NMFS, during business hours.
    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. Also, for the same reasons, NMFS finds good cause to 
waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), 
so that this final rule may become effective October 13, 2015.
    At the September Council meeting, the Council recommended that 
these changes be implemented as quickly as possible to make the 
groundfish regulation consistent with the IPHC inseason action which 
has already been taken and the sablefish closure based on information 
available at the September Council meeting. There was not sufficient 
time after that meeting to draft this document and undergo proposed and 
final rulemaking before these actions need to be in effect. For the 
actions to be implemented in this final rule, affording the time 
necessary for prior notice and opportunity for public comment would 
prevent NMFS from managing fisheries using the best available science 
to approach, without exceeding, the halibut allocation to the sablefish 
fishery and ACLs for federally managed species in accordance with the 
PCGFMP and applicable law and the halibut allocations implemented under 
the authority in the Halibut Act. These adjustments to management 
measures must be implemented in a timely manner to prevent the Area 2A 
portion of the 2015 halibut TAC and the 2015 sablefish north 36[deg] N. 
lat. ACL from being exceeded. The elimination of Pacific halibut 
retention in the LEFG sablefish primary fishery is intended to prevent 
exceeding the Area 2A portion of the 2015 Pacific halibut TAC and the 
allocation to the sablefish primary fishery. The closure of the 
sablefish fishery for LEFG and OA DTL fisheries is intended to prevent 
exceeding the 2015 sablefish ACL north 36[deg] N. lat. No aspect of 
this action is controversial, and changes of this nature were 
anticipated in the groundfish biennial harvest specifications and 
management measures established for 2015-2016 and the 2015 Pacific 
halibut final rules.
    Accordingly, for the reasons stated above, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: October 7, 2015.
Emily H. Menashes,
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. In Sec.  660.231, paragraph (b)(3)(iv) is revised to read as 
follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N. lat.). No halibut retention is allowed during the 
sablefish primary fishery.
* * * * *

0
3. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to 
read as follows:

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0
4. Table 3 (North) and 3 (South) to part 660, subpart F, are revised to 
read as follows:

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[FR Doc. 2015-25986 Filed 10-7-15; 4:15 pm]
BILLING CODE 3510-22-P

61318 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Rules and Regulations

DEPARTMENT OF COMMERCE Background regulation states the incidental retention
ratio; the modification would state that
Closing Incidental Pacific Halibut
National Oceanic and Atmospheric incidental retention is closed.
Retention in the Sablefish Primary
Administration
Fishery Closure of the Limited Entry Fixed Gear
The International Pacific Halibut and Open Access Sablefish Daily Trip
50 CFR Part 660 Limit Fisheries North of 36° N. Lat.
Commission (IPHC) sets the Pacific
halibut total allowable catch (TAC) on The best available fisheries
[Docket No. 140904754–5188–02]
an annual basis. A portion of the TAC information indicates that catch of
is available to fisheries in Area 2A sablefish in the commercial non-trawl
RIN 0648–BF40 (waters off the U.S. West Coast). The fisheries north of 36° N. lat. is higher
Council’s Catch Sharing Plan (CSP) than anticipated. The Council
Magnuson-Stevens Act Provisions; guides allocation of the Area 2A portion considered updated projections and the
Fisheries Off West Coast States; of the TAC to the various commercial status of ongoing groundfish fisheries at
Pacific Coast Groundfish Fishery; and recreational fisheries in Area 2A. its September 11–16, 2015, meeting.
2015–2016 Biennial Specifications and Specifically, it provides that if the Area Fishery models, updated with the best
Management Measures; Inseason 2A TAC is greater than 900,000 lb, the estimate reports from the Pacific Fishery
Adjustments portion of the Washington sport Information Network through August
allocation that is in excess of 214,110 lb 31, 2015, project that sablefish landings
AGENCY: National Marine Fisheries is available to the sablefish primary through the end of the year would
Service (NMFS), National Oceanic and fishery north of Point Chehalis, WA. exceed the sablefish allocations in both
Atmospheric Administration (NOAA), The final Area 2A halibut TAC for the LEFG and open access (OA) daily
Commerce. 2015 was adopted by the IPHC at their trip limit (DTL) fisheries north of 36° N.
ACTION: Final rule; inseason adjustments January 26 through January 30, 2015 lat. Projected landings in the LEFG DTL
to biennial groundfish management meeting. Following this meeting, NMFS fishery north of 36° N. lat. vary based on
published two final rules implementing assumptions on the price per pound. If
measures.
the 2015 halibut TAC and the CSP. The no action is taken and this higher than
first rule implementing the TAC anticipated catch continues in the LEFG
SUMMARY: This final rule announces published on March 17, 2015 (80 FR DTL fishery, projected landings range
inseason changes to management 13771) and second rule implementing from 126 percent of the allocation (low
measures in the Pacific Coast groundfish the CSP published on April 1, 2015 (80 price assumption) to 139 percent of the
fisheries. This action, which is FR 17344). The final 2A TAC resulted allocation (high price assumption).
authorized by the Pacific Coast in an allocation to the limited entry Also, if no action is taken and higher
Groundfish Fishery Management Plan fixed gear (LEFG) sablefish primary than anticipated catch continues in the
(PCGFMP), is intended to prevent fishery of 10,348 lb. The incidental OA fishery, projected landings are 126
exceeding the 2015 Area 2A Pacific fishery opened on April 1, 2015, with a percent of the allocation.
halibut quota for incidental retention in landing limit of 75 lb dressed weight of Sablefish is managed, in part, with
the sablefish primary fishery and the halibut per 1,000 lb dressed weight of two-month cumulative limits.
Area 2A Total Allowable Catch (TAC) sablefish, and up to two additional Information regarding higher than
and to prevent exceeding the annual Pacific halibut in excess of this ratio. anticipated catch of sablefish in these
catch limit (ACL) for sablefish north 36° This ratio is implemented in LEFG fisheries came during the Period 5 two-
N. lat. sablefish primary fishery regulations at month cumulative limit period
DATES:This final rule is effective § 660.231(b)(3)(iv). (September–October). It is very likely
In late August 2015, the Washington that most participating vessels will have
October 13, 2015.
Department of Fish and Wildlife caught their Period 5 two-month limits
FOR FURTHER INFORMATION CONTACT: (WDFW) notified NMFS and IPHC that by the time a closure could be in effect.
Sarah Williams, phone: 206–526–4646, the incidental Pacific halibut quota was Therefore, the Council recommended a
fax: 206–526–6736, or email: projected to be attained and that a closure beginning at the start of the next
sarah.williams@noaa.gov. closure was likely before the end of the bi-monthly cumulative limit period
scheduled season on October 31. (Period 6, November–December), rather
SUPPLEMENTARY INFORMATION:
Following this notification, NMFS, than during Period 5. Closing these
Electronic Access IPHC, and WDFW met on August 25, sablefish fisheries November 1 is
2015, reviewed the catch data, and the projected to reduce the overage of the
This rule is accessible via the Internet IPHC closed incidental Pacific halibut allocations for both LEFG and OA DTL
at the Office of the Federal Register Web retention in the LEFG sablefish primary fisheries. Landings in the LEFG DTL
site at https://www.federalregister.gov. fishery at 12:01 a.m. on September 1, fishery would be reduced to 111
Background information and documents 2015. This action was taken consistent percent—116 percent of the allocation
are available at the Pacific Fishery with IPHC’s inseason authority, as and landings in the OA fishery reduced
Management Council’s Web site at described in section 5 of the annual to 102 percent of the allocation. The
http://www.pcouncil.org/. Copies of the IPHC regulations and in the CSP. Period 6 closure reduces the risk of
final environmental impact statement The Council was notified of the IPHC exceeding the north 36° N. lat. ACL due
asabaliauskas on DSK5VPTVN1PROD with RULES

(FEIS) for the Groundfish Specifications inseason action at its September 11–16, to the overages in the LEFG and OA
and Management Measures for 2015– 2015, meeting. To make clear that DTL allocations, and keeps total
2016 and Biennial Periods Thereafter retention of incidentally caught Pacific projected impacts across all fisheries
are available from Donald McIsaac, halibut in the LEFG sablefish primary below the 2015 sablefish north 36° N.
Executive Director, Pacific Fishery fishery north of Pt. Chehalis, WA, is lat. ACL (4,608 mt out of a 4,792 mt
Management Council (Council), 7700 closed, the Council recommended and ACL)
NE Ambassador Place, Portland, OR NMFS is implementing a modification NMFS agrees with the Council
97220, phone: 503–820–2280. to § 660.231(b)(3)(iv). Currently that recommendation and rationale and is

VerDate Sep<11>2014 17:03 Oct 09, 2015 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1

$Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Rules and Regulations 61319 implementing a closure for sablefish in inseason action which has already been Accordingly, for the reasons stated the LEFG and OA DTL fisheries north of taken and the sablefish closure based on above, NMFS finds good cause to waive 36° N. lat., beginning November 1, 2015. information available at the September prior notice and comment and to waive Starting November 1, it will be Council meeting. There was not the delay in effectiveness. prohibited to take and retain, possess, or sufficient time after that meeting to draft this document and undergo proposed List of Subjects in 50 CFR Part 660 land sablefish in the LEFG and OA DTL fisheries north 36° N. lat. and final rulemaking before these Fisheries, Fishing, Indian Fisheries. actions need to be in effect. For the Classification Dated: October 7, 2015. actions to be implemented in this final This final rule makes routine inseason rule, affording the time necessary for Emily H. Menashes, adjustments to groundfish fishery prior notice and opportunity for public Acting Director, Office of Sustainable management measures, based on the comment would prevent NMFS from Fisheries, National Marine Fisheries Service. best available information, consistent managing fisheries using the best For the reasons set out in the with the PCGFMP and its implementing available science to approach, without preamble, 50 CFR part 660 is amended regulations and the Halibut Act and its exceeding, the halibut allocation to the as follows: implementing regulations. sablefish fishery and ACLs for federally This action is taken under the managed species in accordance with the PART 660—FISHERIES OFF WEST authority of 50 CFR 660.60(c) and is PCGFMP and applicable law and the COAST STATES exempt from review under Executive halibut allocations implemented under Order 12866. the authority in the Halibut Act. These ■ 1. The authority citation for part 660 The aggregate data upon which these adjustments to management measures continues to read as follows: actions are based are available for public must be implemented in a timely Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. inspection at the Office of the manner to prevent the Area 2A portion 773 et seq., and 16 U.S.C. 7001 et seq. Administrator, West Coast Region, of the 2015 halibut TAC and the 2015 NMFS, during business hours. sablefish north 36° N. lat. ACL from ■ 2. In § 660.231, paragraph (b)(3)(iv) is NMFS finds good cause to waive prior being exceeded. The elimination of revised to read as follows: public notice and comment on the Pacific halibut retention in the LEFG revisions to groundfish management sablefish primary fishery is intended to § 660.231 Limited entry fixed gear sablefish primary fishery. measures under 5 U.S.C. 553(b) because prevent exceeding the Area 2A portion notice and comment would be of the 2015 Pacific halibut TAC and the * * * * * impracticable and contrary to the public allocation to the sablefish primary (b) * * * interest. Also, for the same reasons, fishery. The closure of the sablefish (3) * * * NMFS finds good cause to waive the 30- fishery for LEFG and OA DTL fisheries (iv) Incidental halibut retention north day delay in effectiveness pursuant to 5 is intended to prevent exceeding the of Pt. Chehalis, WA (46°53.30′ N. lat.). U.S.C. 553(d)(3), so that this final rule 2015 sablefish ACL north 36° N. lat. No No halibut retention is allowed during may become effective October 13, 2015. aspect of this action is controversial, the sablefish primary fishery. At the September Council meeting, and changes of this nature were the Council recommended that these anticipated in the groundfish biennial * * * * * changes be implemented as quickly as harvest specifications and management ■ 3. Table 2 (North) and 2 (South) to possible to make the groundfish measures established for 2015–2016 and part 660, subpart E, are revised to read regulation consistent with the IPHC the 2015 Pacific halibut final rules. as follows: asabaliauskas on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 17:03 Oct 09, 2015 Jkt 238001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1$

Document Created: 2018-02-27 08:48:04
Document Modified: 2018-02-27 08:48:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; inseason adjustments to biennial groundfish management measures.
Dates		This final rule is effective October 13, 2015.
Contact		Sarah Williams, phone: 206-526-4646, fax: 206-526-6736, or email: [email protected]
FR Citation		80 FR 61318
RIN Number		0648-BF40
CFR Associated		Fisheries; Fishing and Indian Fisheries

80 FR 61318 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 197 (October 13, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration