80_FR_61963 80 FR 61765 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Amendment 24; Correction

80 FR 61765 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Amendment 24; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range61765-61767
FR Document2015-26056

This action corrects the 2015-2016 harvest specifications and management measures final rule that published on March 10, 2015. That rule established 2015-2016 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), and approved Amendment 24 to the PCGFMP. This action corrects management measures in California recreational fisheries that are intended to keep the total catch of California scorpionfish within the harvest specifications. This action shortens the season for the recreational California scorpionfish fishery in the Southern Management Area, consistent with the season lengths of the other three management areas where California scorpionfish predominantly occur. This correcting amendment implements the intended season dates as described in the preamble of the harvest specifications and management measures final rule, consistent with the Pacific Fishery Management Council's (Council) previous recommendations.

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61765-61767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5917-03]
RIN 0648-BE27


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and 
Management Measures; Amendment 24; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This action corrects the 2015-2016 harvest specifications and 
management measures final rule that published on March 10, 2015. That 
rule established 2015-2016 harvest specifications and management 
measures for groundfish taken in the U.S. exclusive economic zone off 
the coasts of Washington, Oregon, and California, consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the 
Pacific Coast Groundfish Fishery Management Plan (PCGFMP), and approved 
Amendment 24 to the PCGFMP. This action corrects management measures in 
California recreational fisheries that are intended to keep the total 
catch of California scorpionfish within the harvest specifications. 
This action shortens the season for the recreational California 
scorpionfish fishery in the Southern Management Area, consistent with 
the season lengths of the other three management areas where California 
scorpionfish predominantly occur. This correcting amendment implements 
the intended season dates as described in the preamble of the harvest 
specifications and management measures final rule, consistent with the 
Pacific Fishery Management Council's (Council) previous 
recommendations.

DATES: Effective October 14, 2015.

ADDRESSES: Information relevant to the March 10, 2015, final rule (80 
FR 12567) and Amendment 24, which includes a final environmental impact 
statement (EIS), the Record of Decision (ROD), a regulatory impact 
review (RIR), final regulatory flexibility analysis (FRFA), and amended 
PCGFMP, are available from William Stelle, Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070. 
Electronic copies of that final rule are also available at the NMFS 
West Coast Region Web site: http://www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: gretchen.hanshew@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The March 10, 2015, final rule (80 FR 12567) set catch limit 
specifications for 2015-2016 (overfishing limits (OFLs), acceptable 
biological catches (ABCs), and annual catch limits (ACLs)), and 
established management measures designed to keep catch within the ACLs. 
As part of that final rule, consistent with the Council's 
recommendations and described in the preamble to that rule, NMFS 
shortened the recreational fishing season for California scorpionfish. 
In 2014, the California scorpionfish fishery was open year-round and 
harvest was higher than anticipated, exceeding the California 
scorpionfish ACL. The season length was shortened by four months to 
prevent harvest from exceeding the ACL in 2015 and beyond.

[[Page 61766]]

Need for Correction

Correcting California Scorpionfish Season Dates

    The March 10, 2015, final rule closed the recreational California 
scorpionfish fishery early in three of the four applicable management 
areas, but inadvertently left the California scorpionfish fishery open 
year-round in one of the four management areas. The change to the 
California scorpionfish season length in the Southern Management Area 
was mistakenly omitted. This action changes the season dates for the 
California scorpionfish fishery in the Southern Management Area at 
Sec.  660.360(c)(3)(v)(A)(4), closing the fishery September 1 through 
December 31.

Clarifying Seasonal Fishing Closures

    The recreational rockfish conservation area (RCA) is a seasonal 
depth-based closure that prohibits recreational fishing for groundfish 
species seaward of a boundary line approximating a depth contour. The 
depth at which the RCA begins the closure varies by management area 
(i.e. the RCA closes seaward of the 30 fm line in the San Francisco 
Management Area and closes seaward of the 40 fm line in the Central 
Management Area (Sec.  660.360)(c)(3)(i)(A)(3) and (4)). Because the 
recreational RCA applies to various groundfish species and species 
groups, seasonal depth restrictions are described separately from the 
fishing seasons for groundfish species and species groups. For the most 
part, the seasonal depth restrictions apply during the times that the 
fishing seasons for groundfish species and species groups are open. If 
the RCA has not closed an area, fishing is not necessarily allowed for 
a species or species group if the season for that species or species 
group is closed. Accordingly, in addition to the change in season dates 
for California scorpionfish described above, this action also clarifies 
this point in the recreational RCA regulations, as described below.
    The September 1 through December 31 closure of the California 
scorpionfish fishing season applies in all areas, including the cowcod 
conservation areas (CCAs) and the areas that are open outside the 
depth-based recreational RCAs. Clarifying edits to this effect in the 
recreational RCA regulations were mistakenly omitted in the final rule. 
Regulations at Sec.  660.360(c)(3)(i)(A)(5) published in the March 10, 
2015, final rule stated that ``Recreational fishing for California 
scorpionfish south of 34[deg]27' N. lat. is prohibited seaward of a 
boundary line approximating the 60 fm (109.7 m) depth contour from 
January 1 through December 31. . .''. It could be interpreted that this 
means that recreational fishing for California scorpionfish is open in 
the Southern Management Area year-round, as long as fishing occurs 
shoreward of the boundary line approximating the 60 fm (109.7 m) depth 
contour. This is not the case, given the applicable season dates for 
California scorpionfish at Sec.  660.360(c)(3)(v) that are cited 
earlier in the paragraph. Clarifying changes to the RCA regulations at 
Sec.  660.360(c)(3) and (c)(3)(i)(A) are made to clearly state that 
that only ``when the fishing season is open'' can you retain California 
scorpionfish in the areas not closed by the recreational RCA. Added 
regulatory text clarifies that retention of groundfish species or 
species groups for which the season is closed is prohibited in the 
recreational fishery seaward of California all year in all areas, 
``unless otherwise authorized in this section,'' and makes no change in 
how current regulations apply.

Classification

    The Assistant Administrator (AA) for Fisheries, NOAA, finds that 
pursuant to 5 U.S.C.553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and would be contrary to the public 
interest. This correcting amendment implements regulations as 
recommended by the Council, brings consistency between Federal and 
State regulations, and implements the season dates that were described 
in the preambles to the harvest specification and management measures 
proposed (80 FR 687, January 6, 2015) and final rules (80 FR 12567, 
March 10, 2015). NMFS announced to the public January 6, 2015 (80 FR 
687, 696) that the Council had recommended an early closure of the 
recreational fishery for California scorpionfish, that regulations at 
Sec.  660.360(c)(3) would be modified, and requested public comment on 
the potential changes that would be incorporated into regulations in 
the final rule. No comments regarding the shortened recreational 
California scorpionfish seasons were received. In the final rule, NMFS 
described changes from the proposed rule with regards to the 
recreational fishing regulations for California scorpionfish (80 FR 
12567, 12569) and made the appropriate changes to regulations for three 
of the four management areas. The correction this rule makes to 
regulatory text at Sec.  660.360(c)(3)(v)(A)(4) is consistent with 
changes that NMFS has already taken public comment on, therefore 
further notice and opportunity for public comment on this change is 
unnecessary. The minor correction to regulatory text at Sec.  
660.360(c)(3)(v)(A)(4) is limited in its effect to the public because 
California State regulations already prohibit fishing for California 
scorpionfish from September 1 through December 31 in all management 
areas, including the Southern Management Area that is the subject of 
this action. The minor edits to Sec.  660.360(c)(3) introductory text, 
(c)(3)(i)(A) introductory text and (c)(3)(i)(A)(5) make no changes to 
the effect of the regulations, but clarify that fishers cannot retain 
species for which the season is closed, even if they are fishing in an 
area that is generally open to recreational fishing for other 
groundfish species. It would be contrary to the public interest to 
delay implementation of the minor corrections in this rule because they 
will reduce confusion caused by inconsistency in State and Federal 
regulations. For the reasons above, the AA also finds good cause under 
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and makes 
this rule effective immediately upon publication. This rule is exempt 
from the procedures of the Regulatory Flexibility Act (RFA) because the 
rule is issued without opportunity for prior notice and opportunity for 
public comment. Therefore, RFA analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: October 7, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
corrected by making the following correcting amendments:

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.  660.360, revise paragraphs (c)(3) introductory text, 
(c)(3)(i)(A) introductory text, (c)(3)(i)(A)(5), and (c)(3)(v)(A)(4) to 
read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *

[[Page 61767]]

    (3) California. Seaward of California, California law provides 
that, in times and areas when the recreational fishery is open, there 
is a 20 fish bag limit for all species of finfish, within which no more 
than 10 fish of any one species may be taken or possessed by any one 
person. [Note: There are some exceptions to this rule. The following 
groundfish species are not subject to a bag limit: Petrale sole, 
Pacific sanddab and starry flounder.] For groundfish species not 
specifically mentioned in this paragraph, fishers are subject to the 
overall 20-fish bag limit for all species of finfish and the depth 
restrictions at paragraph (c)(3)(i) of this section. Recreational 
spearfishing for all federally-managed groundfish, is exempt from 
closed areas and seasons, consistent with Title 14 of the California 
Code of Regulations. This exemption applies only to recreational 
vessels and divers provided no other fishing gear, except spearfishing 
gear, is on board the vessel. California state law may provide 
regulations similar to Federal regulations for the following state-
managed species: Ocean whitefish, California sheephead, and all 
greenlings of the genus Hexagrammos. Kelp greenling is the only 
federally-managed greenling. Retention of cowcod, yelloweye rockfish, 
bronzespotted rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas. 
Retention of species or species groups for which the season is closed 
is prohibited in the recreational fishery seaward of California all 
year in all areas, unless otherwise authorized in this section. For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
    (i) * * *
    (A) Recreational rockfish conservation areas. The recreational RCAs 
are areas that are closed to recreational fishing for groundfish. 
Fishing for groundfish with recreational gear is prohibited within the 
recreational RCA, except that recreational fishing for ``other 
flatfish'' is permitted within the recreational RCA as specified in 
paragraph (c)(3)(iv) of this section. It is unlawful to take and 
retain, possess, or land groundfish taken with recreational gear within 
the recreational RCA, unless otherwise authorized in this section. A 
vessel fishing in the recreational RCA may not be in possession of any 
species prohibited by the restrictions that apply within the 
recreational RCA. [For example, if a vessel fishes in the recreational 
salmon fishery within the RCA, the vessel cannot be in possession of 
rockfish while in the RCA. The vessel may, however, on the same trip 
fish for and retain rockfish shoreward of the RCA on the return trip to 
port.] If the season is closed for a species or species group, fishing 
for that species or species group is prohibited both within the 
recreational RCA and shoreward of the recreational RCA, unless 
otherwise authorized in this section.
* * * * *
    (5) South of 34[deg]27' N. lat. (Southern Management Area), 
recreational fishing for all groundfish (except California scorpionfish 
as specified below in this paragraph and in paragraph (c)(3)(v) of this 
section and ``other flatfish'' as specified in paragraph (c)(3)(iv) of 
this section) is prohibited seaward of a boundary line approximating 
the 60 fm (109.7 m) depth contour from March 1 through December 31 
along the mainland coast and along islands and offshore seamounts, 
except in the CCAs where fishing is prohibited seaward of the 20 fm (37 
m) depth contour when the fishing season is open (see paragraph 
(c)(3)(i)(B) of this section). Recreational fishing for all groundfish 
(except California scorpionfish and ``other flatfish'') is closed 
entirely from January 1 through February 28 (i.e., prohibited seaward 
of the shoreline). When the California scorpionfish fishing season is 
open, recreational fishing for California scorpionfish south of 
34[deg]27' N. lat. is prohibited seaward of a boundary line 
approximating the 60 fm (109.7 m) depth contour, except in the CCAs 
where fishing is prohibited seaward of the 20 fm (37 m) depth contour.
* * * * *
    (v) * * *
    (A) * * *
    (4) South of 34[deg]27' N. lat. (Southern Management Area), 
recreational fishing for California scorpionfish is open from January 1 
through August 31 (i.e., it's closed from September 1 through December 
31).
* * * * *
[FR Doc. 2015-26056 Filed 10-13-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                             Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations                                        61765

                                            j. Executive Order 12898: Federal                        W.; 30° 20.515′ N., 81° 17.422′ W.; 30°               and approved Amendment 24 to the
                                            Actions To Address Environmental                         20.515′ N, 81° 17.012′ W.; 30° 17.829′                PCGFMP. This action corrects
                                            Justice in Minority Populations and Low                  N., 81° 17.012′ W.; 30° 17.829′ N, 81°                management measures in California
                                            Income Populations                                       18.555′ W.                                            recreational fisheries that are intended
                                               Executive Order 12898 (59 FR 7629)                      (ii) Size: Approximately 3.68 nautical              to keep the total catch of California
                                            establishes federal executive policy on                  miles long and 1.34 nautical miles wide               scorpionfish within the harvest
                                            environmental justice. Its main                          (4.56 square nautical miles); 3,861 acres             specifications. This action shortens the
                                            provision directs federal agencies, to the               (1,562 hectares).                                     season for the recreational California
                                            greatest extent practicable and                            (iii) Depth: Ranges from                            scorpionfish fishery in the Southern
                                            permitted by law, to make                                approximately 28 to 61 feet (9 to 19                  Management Area, consistent with the
                                            environmental justice part of their                      meters).
                                                                                                                                                           season lengths of the other three
                                            mission by identifying and addressing,                   *      *     *    *     *                             management areas where California
                                            as appropriate, disproportionately high                    (vi) Restrictions: (A) Disposal shall be            scorpionfish predominantly occur. This
                                            and adverse human health or                              limited to dredged material from the                  correcting amendment implements the
                                            environmental effects of their programs,                 Jacksonville, Florida, area;
                                                                                                                                                           intended season dates as described in
                                            policies, and activities on minority                       (B) Disposal shall be limited to
                                                                                                     dredged material determined to be                     the preamble of the harvest
                                            populations and low-income                                                                                     specifications and management
                                            populations in the United States. The                    suitable for ocean disposal according to
                                                                                                     40 CFR 227.13;                                        measures final rule, consistent with the
                                            EPA determined that this rule will not
                                                                                                       (C) Disposal shall be managed by the                Pacific Fishery Management Council’s
                                            have disproportionately high and
                                            adverse human health or environmental                    restrictions and requirements contained               (Council) previous recommendations.
                                            effects on minority or low-income                        in the currently-approved Site                        DATES:   Effective October 14, 2015.
                                            populations because it does not affect                   Management and Monitoring Plan
                                            the level of protection provided to                      (SMMP);                                               ADDRESSES:   Information relevant to the
                                            human health or the environment. The                       (D) Monitoring, as specified in the                 March 10, 2015, final rule (80 FR 12567)
                                            EPA has assessed the overall                             SMMP, is required.                                    and Amendment 24, which includes a
                                            protectiveness of expanding the                          *      *     *    *     *                             final environmental impact statement
                                            Jacksonville ODMDS against the criteria                  [FR Doc. 2015–26142 Filed 10–13–15; 8:45 am]          (EIS), the Record of Decision (ROD), a
                                            established pursuant to the MPRSA to                     BILLING CODE 6560–50–P                                regulatory impact review (RIR), final
                                            ensure that any adverse impact to the                                                                          regulatory flexibility analysis (FRFA),
                                            environment will be mitigated to the                                                                           and amended PCGFMP, are available
                                            greatest extent practicable. We welcome                  DEPARTMENT OF COMMERCE                                from William Stelle, Regional
                                            comments on this action related to this                                                                        Administrator, West Coast Region,
                                            Executive Order.                                         National Oceanic and Atmospheric                      NMFS, 7600 Sand Point Way NE.,
                                                                                                     Administration                                        Seattle, WA 98115–0070. Electronic
                                            List of Subjects in 40 CFR Part 228
                                                                                                                                                           copies of that final rule are also
                                              Environmental protection, Water                        50 CFR Part 660                                       available at the NMFS West Coast
                                            pollution control.                                                                                             Region Web site: http://
                                                                                                     [Docket No. 140904754–5917–03]
                                              Authority: This action is issued under the                                                                   www.westcoast.fisheries.noaa.gov.
                                            authority of Section 102 of the Marine                   RIN 0648–BE27
                                            Protection, Research, and Sanctuaries Act, as                                                                  FOR FURTHER INFORMATION CONTACT:
                                            amended, 33 U.S.C. 1401, 1411, 1412.                     Magnuson-Stevens Act Provisions;                      Gretchen Hanshew, phone: 206–526–
                                              Dated: September 28, 2015.
                                                                                                     Fisheries Off West Coast States;                      6147, fax: 206–526–6736, or email:
                                                                                                     Pacific Coast Groundfish Fishery;
                                            Heather McTeer Toney,                                                                                          gretchen.hanshew@noaa.gov.
                                                                                                     2015–2016 Biennial Specifications and
                                            Regional Administrator, Region 4.                        Management Measures; Amendment                        SUPPLEMENTARY INFORMATION:
                                               For the reasons set out in the                        24; Correction
                                            preamble, the EPA amends chapter I,                                                                            Background
                                            title 40 of the Code of Federal                          AGENCY:  National Marine Fisheries
                                                                                                     Service (NMFS), National Oceanic and                    The March 10, 2015, final rule (80 FR
                                            Regulations as follows:                                                                                        12567) set catch limit specifications for
                                                                                                     Atmospheric Administration (NOAA),
                                            PART 228—CRITERIA FOR THE                                Commerce.                                             2015–2016 (overfishing limits (OFLs),
                                            MANAGEMENT OF DISPOSAL SITES                             ACTION: Final rule; correcting                        acceptable biological catches (ABCs),
                                            FOR OCEAN DUMPING                                        amendment.                                            and annual catch limits (ACLs)), and
                                                                                                                                                           established management measures
                                            ■ 1. The authority citation for Part 228                 SUMMARY:   This action corrects the 2015–             designed to keep catch within the ACLs.
                                            continues to read as follows:                            2016 harvest specifications and                       As part of that final rule, consistent with
                                                Authority: 33 U.S.C. 1412 and 1418                   management measures final rule that                   the Council’s recommendations and
                                                                                                     published on March 10, 2015. That rule                described in the preamble to that rule,
                                            ■ 2. Section 228.15 is amended by                        established 2015–2016 harvest
                                            revising paragraphs (h)(9)(i) through (iii)                                                                    NMFS shortened the recreational fishing
                                                                                                     specifications and management                         season for California scorpionfish. In
                                            and (vi) to read as follows:                             measures for groundfish taken in the                  2014, the California scorpionfish fishery
                                            § 228.15 Dumping sites designated on a                   U.S. exclusive economic zone off the                  was open year-round and harvest was
tkelley on DSK3SPTVN1PROD with RULES




                                            final basis.                                             coasts of Washington, Oregon, and                     higher than anticipated, exceeding the
                                            *     *     *    *     *                                 California, consistent with the
                                                                                                                                                           California scorpionfish ACL. The season
                                              (h) * * *                                              Magnuson-Stevens Fishery
                                                                                                                                                           length was shortened by four months to
                                              (9) * * *                                              Conservation and Management Act
                                                                                                                                                           prevent harvest from exceeding the ACL
                                              (i) Location: 30° 21.514′ N., 81°                      (MSA) and the Pacific Coast Groundfish
                                            18.555′ W.; 30° 21.514′ N, 81° 17.422′                   Fishery Management Plan (PCGFMP),                     in 2015 and beyond.



                                       VerDate Sep<11>2014    16:10 Oct 13, 2015   Jkt 238001   PO 00000   Frm 00049   Fmt 4700   Sfmt 4700   E:\FR\FM\14OCR1.SGM   14OCR1


                                            61766            Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations

                                            Need for Correction                                      (109.7 m) depth contour from January 1                further notice and opportunity for
                                                                                                     through December 31. . .’’. It could be               public comment on this change is
                                            Correcting California Scorpionfish
                                                                                                     interpreted that this means that                      unnecessary. The minor correction to
                                            Season Dates
                                                                                                     recreational fishing for California                   regulatory text at § 660.360(c)(3)(v)(A)(4)
                                               The March 10, 2015, final rule closed                 scorpionfish is open in the Southern                  is limited in its effect to the public
                                            the recreational California scorpionfish                 Management Area year-round, as long as                because California State regulations
                                            fishery early in three of the four                       fishing occurs shoreward of the                       already prohibit fishing for California
                                            applicable management areas, but                         boundary line approximating the 60 fm                 scorpionfish from September 1 through
                                            inadvertently left the California                        (109.7 m) depth contour. This is not the              December 31 in all management areas,
                                            scorpionfish fishery open year-round in                  case, given the applicable season dates               including the Southern Management
                                            one of the four management areas. The                    for California scorpionfish at                        Area that is the subject of this action.
                                            change to the California scorpionfish                    § 660.360(c)(3)(v) that are cited earlier in          The minor edits to § 660.360(c)(3)
                                            season length in the Southern                            the paragraph. Clarifying changes to the              introductory text, (c)(3)(i)(A)
                                            Management Area was mistakenly                           RCA regulations at § 660.360(c)(3) and                introductory text and (c)(3)(i)(A)(5)
                                            omitted. This action changes the season                  (c)(3)(i)(A) are made to clearly state that           make no changes to the effect of the
                                            dates for the California scorpionfish                    that only ‘‘when the fishing season is                regulations, but clarify that fishers
                                            fishery in the Southern Management                       open’’ can you retain California                      cannot retain species for which the
                                            Area at § 660.360(c)(3)(v)(A)(4), closing                scorpionfish in the areas not closed by               season is closed, even if they are fishing
                                            the fishery September 1 through                          the recreational RCA. Added regulatory                in an area that is generally open to
                                            December 31.                                             text clarifies that retention of groundfish           recreational fishing for other groundfish
                                            Clarifying Seasonal Fishing Closures                     species or species groups for which the               species. It would be contrary to the
                                                                                                     season is closed is prohibited in the                 public interest to delay implementation
                                               The recreational rockfish conservation                recreational fishery seaward of
                                            area (RCA) is a seasonal depth-based                                                                           of the minor corrections in this rule
                                                                                                     California all year in all areas, ‘‘unless            because they will reduce confusion
                                            closure that prohibits recreational                      otherwise authorized in this section,’’
                                            fishing for groundfish species seaward                                                                         caused by inconsistency in State and
                                                                                                     and makes no change in how current                    Federal regulations. For the reasons
                                            of a boundary line approximating a                       regulations apply.
                                            depth contour. The depth at which the                                                                          above, the AA also finds good cause
                                            RCA begins the closure varies by                         Classification                                        under 5 U.S.C. 553(d)(3) to waive the
                                            management area (i.e. the RCA closes                                                                           30-day delay in effectiveness and makes
                                                                                                        The Assistant Administrator (AA) for
                                            seaward of the 30 fm line in the San                                                                           this rule effective immediately upon
                                                                                                     Fisheries, NOAA, finds that pursuant to
                                            Francisco Management Area and closes                                                                           publication. This rule is exempt from
                                                                                                     5 U.S.C.553(b)(B), there is good cause to
                                            seaward of the 40 fm line in the Central                                                                       the procedures of the Regulatory
                                                                                                     waive prior notice and an opportunity
                                            Management Area                                                                                                Flexibility Act (RFA) because the rule is
                                                                                                     for public comment on this action, as
                                            (§ 660.360)(c)(3)(i)(A)(3) and (4)).                                                                           issued without opportunity for prior
                                                                                                     notice and comment are unnecessary
                                            Because the recreational RCA applies to                                                                        notice and opportunity for public
                                                                                                     and would be contrary to the public
                                            various groundfish species and species                                                                         comment. Therefore, RFA analysis is
                                                                                                     interest. This correcting amendment
                                            groups, seasonal depth restrictions are                                                                        not required and none has been
                                                                                                     implements regulations as
                                            described separately from the fishing                                                                          prepared.
                                                                                                     recommended by the Council, brings
                                            seasons for groundfish species and                       consistency between Federal and State                 List of Subjects in 50 CFR Part 660
                                            species groups. For the most part, the                   regulations, and implements the season
                                            seasonal depth restrictions apply during                 dates that were described in the                          Fisheries, Fishing, Indian Fisheries.
                                            the times that the fishing seasons for                   preambles to the harvest specification                  Dated: October 7, 2015.
                                            groundfish species and species groups                    and management measures proposed (80                  Samuel D. Rauch III,
                                            are open. If the RCA has not closed an                   FR 687, January 6, 2015) and final rules              Deputy Assistant Administrator for
                                            area, fishing is not necessarily allowed                 (80 FR 12567, March 10, 2015). NMFS                   Regulatory Programs, National Marine
                                            for a species or species group if the                    announced to the public January 6, 2015               Fisheries Service.
                                            season for that species or species group                 (80 FR 687, 696) that the Council had
                                            is closed. Accordingly, in addition to                   recommended an early closure of the                     For the reasons set out in the
                                            the change in season dates for California                recreational fishery for California                   preamble, 50 CFR part 660 is corrected
                                            scorpionfish described above, this                       scorpionfish, that regulations at                     by making the following correcting
                                            action also clarifies this point in the                  § 660.360(c)(3) would be modified, and                amendments:
                                            recreational RCA regulations, as                         requested public comment on the
                                                                                                                                                           PART 660–-FISHERIES OFF WEST
                                            described below.                                         potential changes that would be
                                               The September 1 through December                                                                            COAST STATES
                                                                                                     incorporated into regulations in the
                                            31 closure of the California scorpionfish                final rule. No comments regarding the
                                            fishing season applies in all areas,                                                                           ■ 1. The authority citation for part 660
                                                                                                     shortened recreational California
                                            including the cowcod conservation                                                                              continues to read as follows:
                                                                                                     scorpionfish seasons were received. In
                                            areas (CCAs) and the areas that are open                 the final rule, NMFS described changes                  Authority: 16 U.S.C. 1801 et seq., 16
                                            outside the depth-based recreational                     from the proposed rule with regards to                U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
                                            RCAs. Clarifying edits to this effect in                 the recreational fishing regulations for              ■ 2. In § 660.360, revise paragraphs
                                            the recreational RCA regulations were                    California scorpionfish (80 FR 12567,                 (c)(3) introductory text, (c)(3)(i)(A)
                                            mistakenly omitted in the final rule.                    12569) and made the appropriate                       introductory text, (c)(3)(i)(A)(5), and
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                                            Regulations at § 660.360(c)(3)(i)(A)(5)                  changes to regulations for three of the               (c)(3)(v)(A)(4) to read as follows:
                                            published in the March 10, 2015, final                   four management areas. The correction
                                            rule stated that ‘‘Recreational fishing for              this rule makes to regulatory text at                 § 660.360 Recreational fishery—
                                            California scorpionfish south of 34°27′                  § 660.360(c)(3)(v)(A)(4) is consistent                management measures.
                                            N. lat. is prohibited seaward of a                       with changes that NMFS has already                    *       *    *     *     *
                                            boundary line approximating the 60 fm                    taken public comment on, therefore                        (c) * * *


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                                                             Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations                                      61767

                                               (3) California. Seaward of California,                of rockfish while in the RCA. The vessel              DEPARTMENT OF COMMERCE
                                            California law provides that, in times                   may, however, on the same trip fish for
                                            and areas when the recreational fishery                  and retain rockfish shoreward of the                  National Oceanic and Atmospheric
                                            is open, there is a 20 fish bag limit for                RCA on the return trip to port.] If the               Administration
                                            all species of finfish, within which no                  season is closed for a species or species
                                            more than 10 fish of any one species                     group, fishing for that species or species            50 CFR Part 665
                                            may be taken or possessed by any one                     group is prohibited both within the                   [Docket No. 150615523–5911–02]
                                            person. [Note: There are some                            recreational RCA and shoreward of the
                                            exceptions to this rule. The following                   recreational RCA, unless otherwise                    RIN 0648–XD998
                                            groundfish species are not subject to a
                                                                                                     authorized in this section.
                                            bag limit: Petrale sole, Pacific sanddab                                                                       Pacific Island Pelagic Fisheries; 2015
                                            and starry flounder.] For groundfish                     *      *     *      *     *                           U.S. Territorial Longline Bigeye Tuna
                                            species not specifically mentioned in                       (5) South of 34°27′ N. lat. (Southern              Catch Limits for the Commonwealth of
                                            this paragraph, fishers are subject to the               Management Area), recreational fishing                the Northern Mariana Islands
                                            overall 20-fish bag limit for all species                for all groundfish (except California
                                            of finfish and the depth restrictions at                                                                       AGENCY:  National Marine Fisheries
                                                                                                     scorpionfish as specified below in this               Service (NMFS), National Oceanic and
                                            paragraph (c)(3)(i) of this section.                     paragraph and in paragraph (c)(3)(v) of
                                            Recreational spearfishing for all                                                                              Atmospheric Administration (NOAA),
                                                                                                     this section and ‘‘other flatfish’’ as                Commerce.
                                            federally-managed groundfish, is                         specified in paragraph (c)(3)(iv) of this
                                            exempt from closed areas and seasons,                                                                          ACTION: Final specifications.
                                                                                                     section) is prohibited seaward of a
                                            consistent with Title 14 of the California
                                                                                                     boundary line approximating the 60 fm                 SUMMARY:     In this final rule, NMFS
                                            Code of Regulations. This exemption
                                                                                                     (109.7 m) depth contour from March 1                  specifies a 2015 limit of 2,000 metric
                                            applies only to recreational vessels and
                                            divers provided no other fishing gear,                   through December 31 along the                         tons (mt) of longline-caught bigeye tuna
                                            except spearfishing gear, is on board the                mainland coast and along islands and                  for the Commonwealth of the Northern
                                            vessel. California state law may provide                 offshore seamounts, except in the CCAs                Mariana Islands (CNMI). NMFS will
                                            regulations similar to Federal                           where fishing is prohibited seaward of                allow the territory to allocate up to
                                            regulations for the following state-                     the 20 fm (37 m) depth contour when                   1,000 mt each year to U.S. longline
                                            managed species: Ocean whitefish,                        the fishing season is open (see                       fishing vessels in a specified fishing
                                            California sheephead, and all greenlings                 paragraph (c)(3)(i)(B) of this section).              agreement that meets established
                                            of the genus Hexagrammos. Kelp                           Recreational fishing for all groundfish               criteria. As an accountability measure,
                                            greenling is the only federally-managed                  (except California scorpionfish and                   NMFS will monitor, attribute, and
                                            greenling. Retention of cowcod,                          ‘‘other flatfish’’) is closed entirely from           restrict (if necessary) catches of
                                            yelloweye rockfish, bronzespotted                        January 1 through February 28 (i.e.,                  longline-caught bigeye tuna, including
                                            rockfish, and canary rockfish is                         prohibited seaward of the shoreline).                 catches made under a specified fishing
                                            prohibited in the recreational fishery                                                                         agreement. These catch limits and
                                                                                                     When the California scorpionfish
                                            seaward of California all year in all                                                                          accountability measures support the
                                                                                                     fishing season is open, recreational
                                            areas. Retention of species or species                                                                         long-term sustainability of fishery
                                                                                                     fishing for California scorpionfish south
                                            groups for which the season is closed is                                                                       resources of the U.S. Pacific Islands.
                                                                                                     of 34°27′ N. lat. is prohibited seaward of
                                            prohibited in the recreational fishery                                                                         DATES: The final specifications are
                                                                                                     a boundary line approximating the 60
                                            seaward of California all year in all                                                                          effective October 9, 2015, through
                                                                                                     fm (109.7 m) depth contour, except in
                                            areas, unless otherwise authorized in                                                                          December 31, 2015. The deadline to
                                                                                                     the CCAs where fishing is prohibited
                                            this section. For each person engaged in                                                                       submit a specified fishing agreement
                                            recreational fishing in the EEZ seaward                  seaward of the 20 fm (37 m) depth
                                                                                                                                                           pursuant to 50 CFR 665.819(b)(3) for
                                            of California, the following closed areas,               contour.                                              review is November 9, 2015.
                                            seasons, bag limits, and size limits                     *      *     *      *     *                           ADDRESSES: Copies of the fishery
                                            apply:                                                      (v) * * *                                          ecosystem plans are available from the
                                               (i) * * *                                                                                                   Western Pacific Fishery Management
                                               (A) Recreational rockfish conservation                   (A) * * *
                                                                                                                                                           Council (Council), 1164 Bishop St.,
                                            areas. The recreational RCAs are areas                      (4) South of 34°27′ N. lat. (Southern              Suite 1400, Honolulu, HI 96813, tel
                                            that are closed to recreational fishing for              Management Area), recreational fishing                808–522–8220, fax 808–522–8226, or
                                            groundfish. Fishing for groundfish with                  for California scorpionfish is open from              www.wpcouncil.org.
                                            recreational gear is prohibited within                   January 1 through August 31 (i.e., it’s                  Copies of the environmental
                                            the recreational RCA, except that                        closed from September 1 through                       assessment (EA) and finding of no
                                            recreational fishing for ‘‘other flatfish’’              December 31).                                         significant impact for this action,
                                            is permitted within the recreational
                                                                                                     *      *     *      *     *                           identified by NOAA–NMFS–2015–0077,
                                            RCA as specified in paragraph (c)(3)(iv)
                                                                                                     [FR Doc. 2015–26056 Filed 10–13–15; 8:45 am]          are available from www.regulations.gov,
                                            of this section. It is unlawful to take and
                                                                                                     BILLING CODE 3510–22–P                                or from Michael D. Tosatto, Regional
                                            retain, possess, or land groundfish taken
                                                                                                                                                           Administrator, NMFS Pacific Islands
                                            with recreational gear within the
                                                                                                                                                           Region (PIR), 1845 Wasp Blvd., Bldg.
                                            recreational RCA, unless otherwise
                                                                                                                                                           176, Honolulu, HI 96818.
                                            authorized in this section. A vessel
                                            fishing in the recreational RCA may not                                                                        FOR FURTHER INFORMATION CONTACT:
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                                            be in possession of any species                                                                                Jarad Makaiau, NMFS PIRO Sustainable
                                            prohibited by the restrictions that apply                                                                      Fisheries, 808–725–5176.
                                            within the recreational RCA. [For                                                                              SUPPLEMENTARY INFORMATION: NMFS is
                                            example, if a vessel fishes in the                                                                             specifying a catch limit of 2,000 mt of
                                            recreational salmon fishery within the                                                                         longline-caught bigeye tuna for the
                                            RCA, the vessel cannot be in possession                                                                        CNMI in 2015. NMFS is also authorizing


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Document Created: 2018-02-27 08:50:27
Document Modified: 2018-02-27 08:50:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesEffective October 14, 2015.
ContactGretchen Hanshew, phone: 206-526-6147, fax: 206-526-6736, or email: [email protected]
FR Citation80 FR 61765 
RIN Number0648-BE27
CFR AssociatedFisheries; Fishing and Indian Fisheries

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