80_FR_82024 80 FR 81773 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments

80 FR 81773 - 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 251 (December 31, 2015)

Page Range81773-81784
FR Document2015-32884

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 allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. This document also announces a prohibition on the use of midwater trawl gear in the Shorebased Individual Fishing Quota (IFQ) Program shoreward of the boundary line approximating the 150 fm (274 m) depth contour via automatic action, with actual notice (by phone and email) to participants, at noon local time, November 26, 2015 in order to reduce the risk of exceeding the canary rockfish annual catch limit (ACL).

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81773-81784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32884]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BF63


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 allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks. This 
document also announces a prohibition on the use of midwater trawl gear 
in the Shorebased Individual Fishing Quota (IFQ) Program shoreward of 
the boundary line approximating the 150 fm (274 m) depth contour via 
automatic action, with actual notice (by phone and email) to 
participants, at noon local time, November 26, 2015 in order to reduce 
the risk of exceeding the canary rockfish annual catch limit (ACL).

DATES: This final rule is effective January 1, 2016. The depth 
restrictions for midwater trawl gear were made through automatic 
action, and are published in the Federal Register as soon as 
practicable after they are issued. The depth restriction for vessels 
using midwater trawl gear, which was announced by actual notice (by 
phone and email) prior to implementation, is applicable from noon local 
time, November 26, 2015 through midnight local time, December 31, 2015.

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

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

    The Pacific Fishery Management Council (Council)--in coordination 
with Pacific Coast Treaty Indian Tribes and the States of Washington, 
Oregon, and California--recommended changes to groundfish management 
measures at its November 13-19, 2015, meeting. Specifically, the 
Council recommended a revised schedule of trip limits for big skate in 
the Shorebased IFQ Program for 2016. This rule revises big skate trip 
limits consistent with the Council's November recommendations.
    Before 2015, big skate was managed as a component stock within the 
Other Fish complex. The big skate overfishing limit (OFL) estimate, 
along with the estimated OFLs for the other species in the complex, 
contributed to the OFL specified in regulation for the Other Fish 
complex. Species managed in complexes do not have OFLs specified in 
regulation. The Council recommended, and NMFS approved, the designation 
of big skate as an ecosystem component species, beginning in 2015 (80 
FR 12567, March 10, 2015). As described in the inseason action that 
implemented trip limits for big skate in 2015 (80 FR 31858, June 4, 
2015), new information available during 2015 indicated that harvest of 
big skate was much higher than anticipated and was approaching or 
exceeding the 2014 estimated OFL contribution. The Council recommended, 
and NMFS implemented, trip limits on June 1, 2015, to reduce impacts to 
big skate in the Shorebased IFQ Program. Trip limits for big skate were 
further adjusted on August 14, 2015, after review of updated fishery 
information and best available information regarding discard mortality 
of big skate (80 FR 50212, August 19, 2015). As part of the ongoing 
development of the 2017-2018 specifications, the Council is 
reconsidering whether big skate should be reclassified because the 
species may not be appropriate as an ecosystem component species.
    At its November meeting, the Council considered updated fishery 
information and further refined big skate trip limits for the second 
year of the biennial cycle. The Council's Groundfish Management Team 
(GMT) continued analysis of available fishery data to estimate and 
project catch of big skate in the Shorebased IFQ Program under 
different trip limit scenarios. The Council considered an apparent 
seasonal fluctuation in both frequency and magnitude of big skate 
landings, with higher catch in the summer and lower catch in the 
winter. The Council also considered feedback from individuals in the 
Shorebased IFQ Program regarding catch patterns and targeting 
practices.
    The Council recommended, and NMFS is implementing, the following 
big skate trip limits in the Shorebased IFQ Program, beginning January 
1, 2016: 5,000 lbs/2 months (2,268 kg/2 months) for Period 1; 25,000 
pounds/2 months (11,340 kg/2 months) for Period 2; 30,000 pounds/2 
months (13,608 kg/2 months) for Period 3; 35,000 pounds/2 months 
(15,876 kg/2 months) for Period 4; 10,000 pounds/2 months (4,536 kg/2 
months) for Period 5; and 5,000 pounds/2 months (2,268 kg/2 months) for 
Period 6. Best estimates indicate that total mortality of big skate 
through the end of 2016 under this trip limit structure would be 450 
mt, 91 mt lower than the estimated 2016 OFL of 541 mt and 44 mt lower 
than the estimated 2016 ABC of 494 mt.

Depth Restriction via Actual Notice in the Shorebased IFQ Program

    Subsequent to the November Council meeting, higher than anticipated 
catch of canary rockfish occurred in the Shorebased IFQ Program. NMFS 
took automatic action to impose a depth restriction for vessels using 
midwater trawl gear in the Shorebased IFQ Program, applicable at noon 
local time, November 26, 2015. This rule serves as notification of the 
November 26, 2015 automatic action.
    The Shorebased IFQ Program may be restricted or closed, as 
determined necessary by the Regional Administrator, as a result of 
projected overages within the Shorebased IFQ Program, the Mothership 
Coop Program, or the Catcher/Processor Coop Program. As of November 24, 
2015, the Shorebased IFQ Program was projected to exceed the total 
quota pounds available to the sector (2015 allocation, plus surplus 
carryover from 2014) if

[[Page 81774]]

current harvest levels continued and without management action. At 
noon, on November 26, 2015 the National Marine Fisheries Service (NMFS) 
prohibited the use of midwater trawl gear in the Shorebased IFQ Program 
for the remainder of 2015, shoreward of the boundary line approximating 
the 150 fathom depth contour (150 fm line). This bycatch reduction 
measure was taken as an automatic action, per regulations at 50 CFR 
660.140(a)(3), to reduce potential impacts on canary rockfish, an 
overfished species subject to rebuilding requirements under the 
Magnuson Stevens Fishery Conservation and Management Act. NMFS provided 
actual notice of the closure to participants by phone and email. In 
addition, NMFS posted on the West Coast Region's internet site to 
provide notice to the affected fishers. Implementation of the 
prohibition on using midwater trawl gear (cease fishing) shoreward of 
the 150 fm line was effective 22 hours after the Public Notice, to 
allow for additional time for the public to become aware of the change 
in depth restrictions.
    The Shorebased IFQ Program has a 2015 allocation of 43.26 mt of 
canary rockfish (with surplus carryover pounds from 2014: 47.28 mt). 
Higher than anticipated catch of canary rockfish occurred in the 
Shorebased IFQ Program by vessels using midwater trawl gear, exceeding 
the 2015 Shorebased IFQ Program allocation. Midwater trawl gear has 
been responsible for an increasing proportion of the annual canary 
rockfish landings in the Shorebased IFQ Program and data from the 
Northwest Fisheries Science Center shelf-slope bottom trawl survey 
indicates that canary rockfish are distributed overwhelmingly shoreward 
of the boundary line approximating the 150 fm depth contour.
    Therefore, NMFS implemented a depth restriction for vessels using 
midwater trawl gear in the Shorebased IFQ Program to reduce the risk of 
exceeding the total amount of canary rockfish available the Shorebased 
IFQ Program, total trawl allocation, and the canary rockfish ACL, 
through the end of the year.

Technical Edits

LEFG and OA Sablefish Trip Limits

    Regulatory changes published in this rule also clarify, but do not 
revise, sablefish trip limits in the limited entry fixed gear and open 
access fisheries north of 36[deg] N. lat. The 2016 sablefish ACL is 
higher than in 2015 and the Council recommended and NMFS implemented a 
schedule of slightly higher trip limits for the second year of the 
biennial period, as described in the January 6, 2015 proposed rule (80 
FR 687) and implemented in Tables 2 North and 2 South, Subpart E and 
Tables 3 North and 3 South, Subparts F (80 FR 12567, March 10, 2015). 
Because of the format of these tables, the higher 2016 trip limits were 
published in the footnotes, anticipating that an inseason for January 
1, 2016 would incorporate movement of those trip limits from the 
footnote to the body of the table. This formatting change does not 
revise the 2016 sablefish trip limits for non-IFQ fisheries north of 
36[deg] N. lat. that were described and implemented through notice and 
comment rulemaking. Accordingly, this rule modifies Tables 2 North and 
2 South, Subpart E and Tables 3 North and 3 South, Subparts F by moving 
the schedule of 2016 trip limits, unchanged, from footnotes into the 
body of the tables.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information. 
This document also serves as notice of an automatic action, based on 
the best available information. Both are consistent with the PCGFMP and 
its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and 
(d), and 660.140(a)(3) 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 the regulatory changes in this final rule may become effective 
January 1, 2016.
    New analysis regarding projected catch of big skate was presented 
to the Council at its November 2015 meeting. At that meeting, the 
Council recommended that these changes to big skate trip limits be 
implemented January 1, 2016, which is the start of the second year of 
the biennial cycle and the beginning of a cumulative limit period in 
the commercial groundfish fishery off the West Coast. These 
restrictions to the amount of landings must be implemented at the start 
of a cumulative limit period to allow fishermen in the Shorebased IFQ 
Program an opportunity to continue harvesting big skate, but at a level 
that will not exceed the new, lower trip limit that will be imposed in 
January 2016. The trip limits recommended by the Council and 
implemented by NMFS in this action are anticipated to keep catch of big 
skate below its estimated OFL, if implemented on January 1. If the 
recommended limits are not in place January 1, more restrictive 
measures may be necessary later in the year to keep catch of big skate 
below its estimated OFL. There was not sufficient time after the 
November meeting, when the new information was available, to undergo 
proposed and final rulemaking before January 1.
    The depth restrictions in the Shorebased IFQ Program implemented by 
the Regional Administrator via actual notice are intended to reduce the 
risk of exceeding the trawl allocation and the 2015 ACL of canary 
rockfish. The closed area implemented by this rule needed to be in 
effect during the remainder of the 2015 fishery to shift midwater trawl 
effort in the Shorebased IFQ Program into deeper waters where they are 
less likely to catch canary rockfish. Prior notice and opportunity for 
public comment on this depth restriction was impracticable because NMFS 
had insufficient time to provide prior notice and the opportunity for 
public comment between the time the information about catch of canary 
rockfish became available and when restrictions were determined to be 
necessary to reduce the risk of further exceeding the 2015 Shorebased 
IFQ Program allocation, and also reduce the risk of exceeding the 2015 
canary rockfish trawl allocation and the ACL. Failure to respond with a 
depth restriction in a timely manner to reduce the amount by which the 
2015 Shorebased IFQ Program allocation for canary rockfish was exceeded 
would be contrary to the public interest, as it may have required more 
restrictive measures, perhaps even closure of the fishery, if higher 
than anticipated harvest of canary rockfish continued.
    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 prevent overfishing in accordance with the PCGFMP and 
applicable law.
    Delaying these changes would also keep management measures in place 
that are not based on the best available information. Such delay would 
impair achievement of the PCGFMP goals and objectives of managing for 
appropriate harvest levels while providing for year-

[[Page 81775]]

round fishing and marketing opportunities.
    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, and Indian Fisheries.

    Dated: December 24, 2015.
Alan D. Risenhoover,
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. Tables 1 North and 1 South to part 660, subpart D, are revised to 
read as follows:
BILLING CODE 3510-22-P

[[Page 81776]]

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[[Page 81777]]


[GRAPHIC] [TIFF OMITTED] TR31DE15.001

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

[[Page 81778]]

[GRAPHIC] [TIFF OMITTED] TR31DE15.002


[[Page 81779]]


[GRAPHIC] [TIFF OMITTED] TR31DE15.003


[[Page 81780]]


[GRAPHIC] [TIFF OMITTED] TR31DE15.004

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

[[Page 81781]]

[GRAPHIC] [TIFF OMITTED] TR31DE15.005


[[Page 81782]]


[GRAPHIC] [TIFF OMITTED] TR31DE15.006


[[Page 81783]]


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[GRAPHIC] [TIFF OMITTED] TR31DE15.008

[FR Doc. 2015-32884 Filed 12-30-15; 8:45 am]
BILLING CODE 3510-22-P



                                                             Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                                       81773

                                              Dated: December 23, 2015.                              6147, fax: 206–526–6736, or email:                    specifications, the Council is
                                            Alan D. Risenhoover,                                     gretchen.hanshew@noaa.gov.                            reconsidering whether big skate should
                                            Director, Office of Sustainable Fisheries,               SUPPLEMENTARY INFORMATION:                            be reclassified because the species may
                                            National Marine Fisheries Service.                                                                             not be appropriate as an ecosystem
                                                                                                     Electronic Access                                     component species.
                                            [FR Doc. 2015–32826 Filed 12–30–15; 8:45 am]
                                            BILLING CODE 3510–22–P                                      This rule is accessible via the Internet              At its November meeting, the Council
                                                                                                     at the Office of the Federal Register Web             considered updated fishery information
                                                                                                     site at https://www.federalregister.gov.              and further refined big skate trip limits
                                            DEPARTMENT OF COMMERCE                                   Background information and documents                  for the second year of the biennial cycle.
                                                                                                     are available at the Pacific Fishery                  The Council’s Groundfish Management
                                            National Oceanic and Atmospheric                         Management Council’s Web site at                      Team (GMT) continued analysis of
                                            Administration                                           http://www.pcouncil.org/. Copies of the               available fishery data to estimate and
                                                                                                     final environmental impact statement                  project catch of big skate in the
                                            50 CFR Part 660                                          (FEIS) for the Groundfish Specifications              Shorebased IFQ Program under different
                                                                                                     and Management Measures for 2015–                     trip limit scenarios. The Council
                                            [Docket No. 140904754–5188–02]
                                                                                                     2016 and Biennial Periods Thereafter                  considered an apparent seasonal
                                            RIN 0648–BF63                                            are available from Donald McIsaac,                    fluctuation in both frequency and
                                                                                                     Executive Director, Pacific Fishery                   magnitude of big skate landings, with
                                            Magnuson-Stevens Act Provisions;                         Management Council (Council), 7700                    higher catch in the summer and lower
                                            Fisheries Off West Coast States;                         NE Ambassador Place, Portland, OR                     catch in the winter. The Council also
                                            Pacific Coast Groundfish Fishery;                        97220, phone: 503–820–2280.                           considered feedback from individuals in
                                            2015–2016 Biennial Specifications and                                                                          the Shorebased IFQ Program regarding
                                            Management Measures; Inseason                            Background
                                                                                                                                                           catch patterns and targeting practices.
                                            Adjustments                                                 The Pacific Fishery Management                        The Council recommended, and
                                                                                                     Council (Council)—in coordination with                NMFS is implementing, the following
                                            AGENCY:  National Marine Fisheries
                                                                                                     Pacific Coast Treaty Indian Tribes and                big skate trip limits in the Shorebased
                                            Service (NMFS), National Oceanic and
                                                                                                     the States of Washington, Oregon, and                 IFQ Program, beginning January 1, 2016:
                                            Atmospheric Administration (NOAA),
                                                                                                     California—recommended changes to                     5,000 lbs/2 months (2,268 kg/2 months)
                                            Commerce.
                                                                                                     groundfish management measures at its                 for Period 1; 25,000 pounds/2 months
                                            ACTION: Final rule; inseason adjustments                 November 13–19, 2015, meeting.                        (11,340 kg/2 months) for Period 2;
                                            to biennial groundfish management                        Specifically, the Council recommended                 30,000 pounds/2 months (13,608 kg/2
                                            measures.                                                a revised schedule of trip limits for big             months) for Period 3; 35,000 pounds/2
                                            SUMMARY:   This final rule announces                     skate in the Shorebased IFQ Program for               months (15,876 kg/2 months) for Period
                                            inseason changes to management                           2016. This rule revises big skate trip                4; 10,000 pounds/2 months (4,536 kg/2
                                            measures in the Pacific Coast groundfish                 limits consistent with the Council’s                  months) for Period 5; and 5,000 pounds/
                                            fisheries. This action, which is                         November recommendations.                             2 months (2,268 kg/2 months) for Period
                                                                                                        Before 2015, big skate was managed as              6. Best estimates indicate that total
                                            authorized by the Pacific Coast
                                                                                                     a component stock within the Other                    mortality of big skate through the end of
                                            Groundfish Fishery Management Plan
                                                                                                     Fish complex. The big skate overfishing               2016 under this trip limit structure
                                            (PCGFMP), is intended to allow                           limit (OFL) estimate, along with the
                                            fisheries to access more abundant                                                                              would be 450 mt, 91 mt lower than the
                                                                                                     estimated OFLs for the other species in               estimated 2016 OFL of 541 mt and 44
                                            groundfish stocks while protecting                       the complex, contributed to the OFL
                                            overfished and depleted stocks. This                                                                           mt lower than the estimated 2016 ABC
                                                                                                     specified in regulation for the Other                 of 494 mt.
                                            document also announces a prohibition                    Fish complex. Species managed in
                                            on the use of midwater trawl gear in the                 complexes do not have OFLs specified                  Depth Restriction via Actual Notice in
                                            Shorebased Individual Fishing Quota                      in regulation. The Council                            the Shorebased IFQ Program
                                            (IFQ) Program shoreward of the                           recommended, and NMFS approved, the                      Subsequent to the November Council
                                            boundary line approximating the 150 fm                   designation of big skate as an ecosystem              meeting, higher than anticipated catch
                                            (274 m) depth contour via automatic                      component species, beginning in 2015                  of canary rockfish occurred in the
                                            action, with actual notice (by phone and                 (80 FR 12567, March 10, 2015). As                     Shorebased IFQ Program. NMFS took
                                            email) to participants, at noon local                    described in the inseason action that                 automatic action to impose a depth
                                            time, November 26, 2015 in order to                      implemented trip limits for big skate in              restriction for vessels using midwater
                                            reduce the risk of exceeding the canary                  2015 (80 FR 31858, June 4, 2015), new                 trawl gear in the Shorebased IFQ
                                            rockfish annual catch limit (ACL).                       information available during 2015                     Program, applicable at noon local time,
                                            DATES: This final rule is effective                      indicated that harvest of big skate was               November 26, 2015. This rule serves as
                                            January 1, 2016. The depth restrictions                  much higher than anticipated and was                  notification of the November 26, 2015
                                            for midwater trawl gear were made                        approaching or exceeding the 2014                     automatic action.
                                            through automatic action, and are                        estimated OFL contribution. The                          The Shorebased IFQ Program may be
                                            published in the Federal Register as                     Council recommended, and NMFS                         restricted or closed, as determined
                                            soon as practicable after they are issued.               implemented, trip limits on June 1,                   necessary by the Regional
                                            The depth restriction for vessels using                  2015, to reduce impacts to big skate in               Administrator, as a result of projected
                                            midwater trawl gear, which was                           the Shorebased IFQ Program. Trip limits               overages within the Shorebased IFQ
                                            announced by actual notice (by phone                     for big skate were further adjusted on                Program, the Mothership Coop Program,
tkelley on DSK3SPTVN1PROD with RULES




                                            and email) prior to implementation, is                   August 14, 2015, after review of updated              or the Catcher/Processor Coop Program.
                                            applicable from noon local time,                         fishery information and best available                As of November 24, 2015, the
                                            November 26, 2015 through midnight                       information regarding discard mortality               Shorebased IFQ Program was projected
                                            local time, December 31, 2015.                           of big skate (80 FR 50212, August 19,                 to exceed the total quota pounds
                                            FOR FURTHER INFORMATION CONTACT:                         2015). As part of the ongoing                         available to the sector (2015 allocation,
                                            Gretchen Hanshew, phone: 206–526–                        development of the 2017–2018                          plus surplus carryover from 2014) if


                                       VerDate Sep<11>2014    16:05 Dec 30, 2015   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\31DER1.SGM   31DER1


                                            81774            Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations

                                            current harvest levels continued and                     the biennial period, as described in the              fishermen in the Shorebased IFQ
                                            without management action. At noon,                      January 6, 2015 proposed rule (80 FR                  Program an opportunity to continue
                                            on November 26, 2015 the National                        687) and implemented in Tables 2 North                harvesting big skate, but at a level that
                                            Marine Fisheries Service (NMFS)                          and 2 South, Subpart E and Tables 3                   will not exceed the new, lower trip limit
                                            prohibited the use of midwater trawl                     North and 3 South, Subparts F (80 FR                  that will be imposed in January 2016.
                                            gear in the Shorebased IFQ Program for                   12567, March 10, 2015). Because of the                The trip limits recommended by the
                                            the remainder of 2015, shoreward of the                  format of these tables, the higher 2016               Council and implemented by NMFS in
                                            boundary line approximating the 150                      trip limits were published in the                     this action are anticipated to keep catch
                                            fathom depth contour (150 fm line).                      footnotes, anticipating that an inseason              of big skate below its estimated OFL, if
                                            This bycatch reduction measure was                       for January 1, 2016 would incorporate                 implemented on January 1. If the
                                            taken as an automatic action, per                        movement of those trip limits from the                recommended limits are not in place
                                            regulations at 50 CFR 660.140(a)(3), to                  footnote to the body of the table. This               January 1, more restrictive measures
                                            reduce potential impacts on canary                       formatting change does not revise the                 may be necessary later in the year to
                                            rockfish, an overfished species subject                  2016 sablefish trip limits for non-IFQ                keep catch of big skate below its
                                            to rebuilding requirements under the                     fisheries north of 36° N. lat. that were              estimated OFL. There was not sufficient
                                            Magnuson Stevens Fishery Conservation                    described and implemented through                     time after the November meeting, when
                                            and Management Act. NMFS provided                        notice and comment rulemaking.                        the new information was available, to
                                            actual notice of the closure to                          Accordingly, this rule modifies Tables 2              undergo proposed and final rulemaking
                                            participants by phone and email. In                      North and 2 South, Subpart E and                      before January 1.
                                            addition, NMFS posted on the West                        Tables 3 North and 3 South, Subparts F                   The depth restrictions in the
                                            Coast Region’s internet site to provide                  by moving the schedule of 2016 trip                   Shorebased IFQ Program implemented
                                            notice to the affected fishers.                          limits, unchanged, from footnotes into                by the Regional Administrator via actual
                                            Implementation of the prohibition on                     the body of the tables.                               notice are intended to reduce the risk of
                                            using midwater trawl gear (cease                                                                               exceeding the trawl allocation and the
                                                                                                     Classification                                        2015 ACL of canary rockfish. The closed
                                            fishing) shoreward of the 150 fm line
                                            was effective 22 hours after the Public                     This final rule makes routine inseason             area implemented by this rule needed to
                                            Notice, to allow for additional time for                 adjustments to groundfish fishery                     be in effect during the remainder of the
                                            the public to become aware of the                        management measures, based on the                     2015 fishery to shift midwater trawl
                                                                                                     best available information. This                      effort in the Shorebased IFQ Program
                                            change in depth restrictions.
                                               The Shorebased IFQ Program has a                      document also serves as notice of an                  into deeper waters where they are less
                                            2015 allocation of 43.26 mt of canary                    automatic action, based on the best                   likely to catch canary rockfish. Prior
                                            rockfish (with surplus carryover pounds                  available information. Both are                       notice and opportunity for public
                                            from 2014: 47.28 mt). Higher than                        consistent with the PCGFMP and its                    comment on this depth restriction was
                                            anticipated catch of canary rockfish                     implementing regulations.                             impracticable because NMFS had
                                                                                                        This action is taken under the                     insufficient time to provide prior notice
                                            occurred in the Shorebased IFQ Program
                                                                                                     authority of 50 CFR 660.60(c) and (d),                and the opportunity for public comment
                                            by vessels using midwater trawl gear,
                                                                                                     and 660.140(a)(3) and is exempt from                  between the time the information about
                                            exceeding the 2015 Shorebased IFQ
                                                                                                     review under Executive Order 12866.                   catch of canary rockfish became
                                            Program allocation. Midwater trawl gear                     The aggregate data upon which these
                                            has been responsible for an increasing                                                                         available and when restrictions were
                                                                                                     actions are based are available for public            determined to be necessary to reduce
                                            proportion of the annual canary rockfish                 inspection at the Office of the
                                            landings in the Shorebased IFQ Program                                                                         the risk of further exceeding the 2015
                                                                                                     Administrator, West Coast Region,                     Shorebased IFQ Program allocation, and
                                            and data from the Northwest Fisheries                    NMFS, during business hours.
                                            Science Center shelf-slope bottom trawl                                                                        also reduce the risk of exceeding the
                                                                                                        NMFS finds good cause to waive prior               2015 canary rockfish trawl allocation
                                            survey indicates that canary rockfish are                public notice and comment on the
                                            distributed overwhelmingly shoreward                                                                           and the ACL. Failure to respond with a
                                                                                                     revisions to groundfish management                    depth restriction in a timely manner to
                                            of the boundary line approximating the                   measures under 5 U.S.C. 553(b) because                reduce the amount by which the 2015
                                            150 fm depth contour.                                    notice and comment would be
                                               Therefore, NMFS implemented a                                                                               Shorebased IFQ Program allocation for
                                                                                                     impracticable and contrary to the public              canary rockfish was exceeded would be
                                            depth restriction for vessels using                      interest. Also, for the same reasons,
                                            midwater trawl gear in the Shorebased                                                                          contrary to the public interest, as it may
                                                                                                     NMFS finds good cause to waive the 30-                have required more restrictive measures,
                                            IFQ Program to reduce the risk of                        day delay in effectiveness pursuant to 5
                                            exceeding the total amount of canary                                                                           perhaps even closure of the fishery, if
                                                                                                     U.S.C. 553(d)(3), so that the regulatory              higher than anticipated harvest of
                                            rockfish available the Shorebased IFQ                    changes in this final rule may become                 canary rockfish continued.
                                            Program, total trawl allocation, and the                 effective January 1, 2016.                               For the actions to be implemented in
                                            canary rockfish ACL, through the end of                     New analysis regarding projected                   this final rule, affording the time
                                            the year.                                                catch of big skate was presented to the               necessary for prior notice and
                                            Technical Edits                                          Council at its November 2015 meeting.                 opportunity for public comment would
                                                                                                     At that meeting, the Council                          prevent NMFS from managing fisheries
                                            LEFG and OA Sablefish Trip Limits                        recommended that these changes to big                 using the best available science to
                                               Regulatory changes published in this                  skate trip limits be implemented                      prevent overfishing in accordance with
                                            rule also clarify, but do not revise,                    January 1, 2016, which is the start of the            the PCGFMP and applicable law.
                                            sablefish trip limits in the limited entry               second year of the biennial cycle and                    Delaying these changes would also
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                                            fixed gear and open access fisheries                     the beginning of a cumulative limit                   keep management measures in place
                                            north of 36° N. lat. The 2016 sablefish                  period in the commercial groundfish                   that are not based on the best available
                                            ACL is higher than in 2015 and the                       fishery off the West Coast. These                     information. Such delay would impair
                                            Council recommended and NMFS                             restrictions to the amount of landings                achievement of the PCGFMP goals and
                                            implemented a schedule of slightly                       must be implemented at the start of a                 objectives of managing for appropriate
                                            higher trip limits for the second year of                cumulative limit period to allow                      harvest levels while providing for year-


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                                                             Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                                           81775

                                            round fishing and marketing                                Dated: December 24, 2015.                           PART 660—FISHERIES OFF WEST
                                            opportunities.                                           Alan D. Risenhoover,                                  COAST STATES
                                              Accordingly, for the reasons stated                    Director, Office of Sustainable Fisheries,
                                                                                                     National Marine Fisheries Service.                    ■ 1. The authority citation for part 660
                                            above, NMFS finds good cause to waive
                                                                                                                                                           continues to read as follows:
                                            prior notice and comment and to waive
                                                                                                       For the reasons set out in the                        Authority: 16 U.S.C. 1801 et seq., 16
                                            the delay in effectiveness.
                                                                                                     preamble, 50 CFR part 660 is amended                  U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
                                            List of Subjects in 50 CFR Part 660                      as follows:
                                                                                                                                                           ■ 2. Tables 1 North and 1 South to part
                                              Fisheries, Fishing, and Indian                                                                               660, subpart D, are revised to read as
                                            Fisheries.                                                                                                     follows:
                                                                                                                                                           BILLING CODE 3510–22–P
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81776          Federal Register/Vol. 80, No. 251 /Thursday, December 31, 2015 /Rules and Regulations


        Table 1 (North) to Part 660, Subpart D —— Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non—IFQ Species
        and Pacific Whiting North of 40°1 0‘ N. Lat.
              This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances for
              vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non—trawl gears to harvest individual fishing quota
              (IFQ) species.

              Other Limits and Requirements Apply —— Read § 660.10 — § 660.399 before using this table                                                                           01012016


                                                                      JAN—FEB          MAR—APR             MAY—JUN            JUL—AUG             SEP—OCT           NOV—DEC

        Rockfish Conservation Area (RCA)1/:

                                                                       shore —                                                                                        shore —
                                             ,                          es a2       shore — 200 fm                              L               shore — 200 fm         es a2
          1                  North of 48°10° N. lat.                modified" 200        line *               shore — 150 fm line                   line          modified" 200
                                                                      fm line"‘                                                                                      fm line"‘

          2              498°10‘ N. lat. — 45°46‘ N. lat.                                                  100 fm line"‘ — 150 fm line"‘

          3              45°46‘ N. lat. — 40°10° N. lat.                                             100 fm line"‘ — modified*" 200 fm line"‘

           Selective flatfish trawl gear is required shoreward of the RCA; all bottom trawl gear (large footrope, selective flatfish trawl, and small footrope trawl gear) is
          permitted seaward of the RCA. Large footrope and small footrope trawl gears (except for selective flatfish trawl gear) are prohibited shoreward of the RCA.
             Midwater trawl gear is permitted only for vessels participating in the primary whiting season. Vessels fishing groundfish trawl quota pounds with




                                                                                                                                                                                     L 119 V L
             groundfish non—trawl gears, under gear switching provisions at §660.140, are subject to the limited entry groundfish trawl fishery landing
          allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non—trawl
        gears, under gear switching provisions at § 660.140, are subject to the limited entry fixed gear non—trawl RCA, as described in Tables 2 (North) and
                                                                         2 (South) to Part 660, Subpart E.

        See § 660.60, § 660.130, and § 660.140 for Additional Gear, Trip Limit, and Conservation Area Requirements and Restrictions. See §§ 660.70—660.74
          and §§ 660.76—660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell Banks, and
                                                                                       EFHCAs).
                           State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California.
              Minor Nearshore Rockfish & Black
                                                                                                                  300 Ib/ month




                                                                                                                                                                                     (Y j1O N)
              rockfish
          5 Whiting*‘

          6                                      midwater trawl Before the primary whiting season: CLOSED. —— During the primary season: mid—water trawl permitted in
                                                                the RCA. See §660.131 for season and trip limit details. —— After the primary whiting season: CLOSED.


          7                       large & small footrope gear Before the primary whiting season: .20,000 It.)/.trlp. —— Durlr.19 the prlma.ry season: 10,000 Ib/trip. —— After the
                                                                                               primary whiting season: 10,000 lb/trip.


          8 Cabezon*‘
          9                              North of 46°16" N. lat.                                                    Unlimited
         10                       46°16‘ N. lat. — 40°10‘ N. lat.                                                 50 Ib/ month
         11 Shortbelly                                                                                             Unlimited
         12 Spiny dogfish                                                                                       60,000 Ib/ month
              .                                                      5,000 Ib/ 2      25,000 Ib/ 2       30,000 Ib/ 2        35,000 Ib/ 2        10,000 Ib/ 2       5,000 Ib/ 2
         13 Big skate
                                                                      months            months             months              months              months            months

         14 Longnose skate                                                                                          Unlimited
         15 Other Fish *                                                                                            Unlimited

        1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude
             coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas
             that are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA, or operate in the
             RCA for any purpose other than transiting.
        2/ The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA.
        3/ As specificed at §660.131(d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed by a vessel that, at
        any time during the fishing trip, fished in the fishery management area shoreward of 100 fm contour.

        4/ "Other Fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabezon in Washington

        To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.


                                                             Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                       81777




                                            ■ 3. Tables 2 North and 2 South to part                  follows:
                                            660, subpart E, are revised to read as
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81778           Federal Register/Vol. 80, No. 251 /Thursday, December 31, 2015 /Rules and Regulations

        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.
                  Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table                                                                                               1012016
                                                                           JAN—FEB              MAR—APR                MAY—JUN                  JUL—AUG             SEP—OCT               NOVDEC
        Rockfish Conservation Area (RCA)":
            1    North of 4616‘ N. lat.                                                                                   shoreline — 100 fm line"‘
           2     46716‘ N. lat. — 4200‘ N. lat.                                                                          30 fm line"‘ — 100 fm line"‘
           3     4200‘ N. lat. — 4010‘ N. lat.                                                                           30 fm line"‘ — 100 fm line"‘

        See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79
                 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).

                                 State trip limits and seasons may     be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.

                  Minor Slope Rockfish*‘ &
                                                                                                                             4,000 Ib/ 2       th
            *     Darkblotched rockfish                                                                                       ‘              mons
            5     Pacific ocean perch                                                                                        1,800 Ib/ 2 months

            6     Sablefish                                                                                 1,275 Ibmweek, not to exceed 3,375 lb/ 2 months

            7     Longspine thornyhead                                                                                      10,000 Ib/ 2 months                                                              _I
            8     Shortspine thornyhead                                                    2,000 Ib/ 2 months                                                    2,500 Ib/ 2 months                          >

            o                                                                                                                                                                                                OJ
           10       Dover sole, arrowtooth flounder,                                                                           5,000 tb/ month
           11        petrale sole, English sole, starry                  South of 4}2° N. Igt., when fishing for "other flatfish," vessels usiryg hook—and—line ggar with no m(?re than 12                   TT
           12            flounder. Other Flatfish®                      hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank,                           m
           13                     f                                                        and up to two 1 Ib (0.45 kg) weights per line, are not subject to the RCAs.
           14
           15      Whiting                                                                                                        10,000 Ib/ trip                                                            yC}

                  Minor Shelf Rockfish*‘, Shortbelly,
                                        ‘                      ‘                                                                  200 Ib/
           C      Widow & Yellowtail rockfish                                                                                               mon th                                                           oim,

           17     Canary rockfish                                                                                                   CLOSED                                                                   Z
           18      Yelloweye rockfish                                                                                               CLOSED                                                                   O
           19     Minor Nearshore Rockfish & Black                                                                                                                                                           m
                  rockfish                                                                                                                                                                                   c—p
                                                                                                                                                                                                             mad
           20                               North of 42 00‘ N. lat.    5,000 Ib/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue rockfish*                         |




           24                          4200 N. lat 4010 N iat|            8500 W 2 months, of which no more than 1,200 lb of which may be                        mfr’g?fia'fil122%87:)“; V‘?’L}’ZE";:]‘a”°be
                                              . Jat. —        . (at.                          species other than black rockfish                                         .    *                   Y
                                                                                                                                                                   species other than black rockfish


           22      Lingcod"                                                       200 Ib/2 months                                           1,200 Ib/ 2 months                         600 Ib/ 200 Ib/
                                                                                                                                                                                       month      month
           23     Pacific cod                                                                                                1,000 Ib/ 2 months


           24     Spiny dogfish                                                200,000 Ib/ 2 months                  150,000 tb/ 2                           100,000 Ib/ 2 months
                                                                                                                       months

           25     Longnose skate                                                                                                    Unlimited
                             _   167               &
           26     Other Fish" & Cabezon in Oregon                                                                                   Unlimited
                  and California


        1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
                  and longitude coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours (with the exception of the 20—fm
                  depth contour boundary south of 42 N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
                  than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
                  other than transiting.
        2/ Bocaccio, chilipepper and cowcod are included in the trip limits for Minor Shelf Rockfish and splitnose rockfish is included in the
                  trip limits for Minor Slope Rockfish.
        3/ "Other flatfish" are defined at § 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
        4/ For black rockfish north of Cape Alava (48°09.50‘ N. lat.), and between Destruction Is. (47°40° N. lat.) and Leadbetter Pnt. (46°38.17‘ N. lat.),
                  there is an additional limit of 100 Ib or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
        5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42 N. lat. and 24 inches (61 cm) total length South of 42 N. lat.
        6/ "Other Fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabez on in Washington.
        To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.


        Federal Register/Vol. 80, No. 251 /Thursday, December 31, 2015 /Rules and Regulations                                                                                                     81779


Table 2 (South) to Part 660, Subpart E —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 4010‘
N. lat.
          Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table                                                                                1012016
                                                       JAN—FEB          MAR—APR            MAY—JUN                             JUL—AUG              SEP—OCT             NOVWDEC
Rockfish Conservation Area (RCA)":
    1     4010‘ N. lat. — 3427‘ N. lat.                                                                   30 fm line‘ — 150 fm line"‘
   2      South of 3427‘ N. lat.                                                          60 fm line"‘ — 150 fm line"‘ (also applies around islands)

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79
         for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).

                      State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.

          Minor Slope rockfish*‘ &                            40,000 Ib/ 2 months, of which no more than 1,375 lb           40,000 Ib/ 2 months, of which no more than 1,600 lb
   3      Darkblotched rockfish                                              may be blackgill rockfish                                      may be blackgill rockfish

   4      Splitnose rockfish                                                                                  40,000 Ib/ 2 months




                                                                                                                                                                                    119 V L
   5      Sablefish
   6                     4010‘ N. lat. — 3600‘ N. lat.                                        1,275 Ibmweek, not to exceed 3,375 Ib/ 2 months

   7                       South of 3600‘ N. lat.                                                               2,000 Ib/ week
   8      Longspine thornyhead                                                                                10,000 Ib/ 2 months
   9      Shortspine thornyhead
   10                 4010‘ N. lat. — 34°27‘ N. lat.                           2,000 Ib/ 2 months                                               2,500 Ib/ 2 months
   11                          South of 3427‘ N. lat.                                                          3,000 Ib/ 2 months
   12




                                                                                                                                                                                    e
   13       Dover sole, arrowtooth flounder,                           s                                        5,000 Ib/ month
   14        petrale sole, English sole, starry             South of 42. N. lat., when fishing for "other flatfish," vesselg using hook—and-li.ne gear with np more than 12 hooks
   15            flounder, Other Flatfish®‘                 per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to




                                                                                                                                                                                    (y j n oS )
   16               U     ‘            I                                              two 1 Ib (0.45 kg) weights per line, are not subject to the RCAs.
   17
   18      Whiting                                                                                                10,000 Ib/ trip
   19     Minor Shelf Rockfish*‘, Shortbelly, Widow rockfish (including Bocaccio and Chilipepper between 4010‘ — 3427" N. lat.)
                           baa               bno—,           Minor shelf rockfish, shortbelly, widow rockfish, bocaccio & chilipepper: 2,500 Ib/ 2 months, of which no more
   20                    40 10‘ N. lat. — 34 27" N. lat.                                  than 500 Ib may be any species other than chilipepper.

   21                          South
                                outh 0of 3427‘ N. . lat
                                                     lat.      4,000 Ib/ 2
                                                                months              CLOSED                                          4,000
                                                                                                                                     >    Ib/ 2 months
   22      Chilipepper

   23                    4010‘ N. lat. — 34°27‘ N. lat.|       Chilipepper included under minor shelf rockfish, shortbelly, widow rockfish and bocaccio limits — — See above

   24                          South of 3427‘ N. lat.                        2,000 Ib/ 2 months, this opportunity only available seaward of the non—trawl RCA
   25      Canary rockfish                                                                                          CLOSED
   26     Yelloweye rockfish                                                                                        CLOSED
   27     Cowcod                                                                                                    CLOSED
   28     Bronzespotted rockfish                                                                                    CLOSED
   29     Bocaccio
   30                    4010‘ N. lat. — 3427‘ N. lat.         Bocaccio included under Minor shelf rockfish, shortbelly, widow rockfish & chilipepper limits —— See above
   31                          South of 3427‘ N. lat.] 750 Ib/ 2 months             CLOSED                                            750 Ib/ 2 months


                                            81780            Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations




                                            ■ 4. Tables 3 North and 3 South to part                  follows:
                                            660, subpart F, are revised to read as
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                                                              Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                                                                                                   81781

                                                      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.

                                                                Jother lim its and requirements apply-- Read §§660.1 0 through 660.399 before using this table                                                                                 01012016

                                                                                                                 JAN-FEB         I     MAR-APR          I     MAY-JUN            I    JUL-AUG        I     SEP-OCT          I   NOV-DEC
                                                      Rockfish Conservation Area (RCA) 11 :                          I           I            I         I          I             I        I          I           I          I       I
                                                         1      North of 46"16' N. lat.                                                                          shoreline -100fm line"

                                                         2      46.16' N. lat.- 42"00' N. lat.                                                                  301m line 11 -100fm line11
                                                         3      42"00' N. lat. - 40"10' N. lat.                                                                 301m line 11 -100fm line11

                                                      See §§660.60, 660.330 and 660.333 for additional gear, trip linit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-
                                                            660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).

                                                                              State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, particular1y in waters off Oregon and California.

                                                                Minor Slope Rockfish" &
                                                         4                                                                                    Per trip, no more than 25% of weight of the sablefish landed
                                                                Darkblotched rockfish
                                                         5      Pacific ocean perch                                                                                    100 lbl month


                                                         6      Sablefish                                                     300 lb/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2,000 lb/2 months
                                                                                                                                                                                                                                                 -1
                                                                                                                                                                                                                                                 )>

                                                         7
                                                                Shortpine thornyheads and
                                                                                                                                                                         CLOSED
                                                                                                                                                                                                                                                 m
                                                                longspine thornyheads
                                                                                                                                                                                                                                                 r
                                                         8
                                                         9
                                                                                                                          3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs.                              m
                                                      ---w-      Dover sole, arrowtooth flounder,
                                                                 petrale sole, English sole, starry
                                                      ____11_
                                                                      flounder, Other Flatfish"
                                                                                                             South of 42' N. lat., when fishing for "other flatfish,'' vessels using hook-and-line gear with no more than 12 hooks per
                                                                                                             line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to two 1 lb
                                                                                                                                                                                                                                                 w

                                                                                                                                                                                                                                                -
                                                         12
                                                                                                                                              (0.45 kg) weights per line are not subject to the RCAs.
                                                     13
                                                         14     Whiting                                                                                                300 lbl month

                                                         15
                                                                Minor Shelf Rockfish", Shortbelly,
                                                                                                                                                                       200 lbl month
                                                                                                                                                                                                                                                 z

                                                                                                                                                                                                                                                --
                                                                Widow & Yellowtail rockfish
                                                                                                                                                                                                                                                 0
                                                         16     Canary rockfish                                                                                          CLOSED
                                                         17     Yelloweye rockfish                                                                                       CLOSED                                                                  ""'
                                                         18
                                                                Minor Nearshore Rockfish &                                                                                                                                                       :::r
                                                                Black rockfish

                                                         19                        North of 42"00' N. lat.                5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish

                                                                                                                                          .                                  .
                                                                                                             8,500 lb/2 months, ofwh1ch no more than 1,200 lb ofwh1ch may be spec1es
                                                                                                                                                                                                 . IB,OOO
                                                                                                                                                                                                    than ,
                                                                                                                                                                                                           lb/2 months, of which no more
                                                                                                                                                                                                               lb of which may be species
                                                         20                 42"00' N. lat.- 40.10' N. lat.                                                                                                  1 200
                                                                                                                                          other than black rockfish                                           other than black rockfish

                                                                                                                                                                                                                                    1100 lb/
                                                         21     Lingcod"                                                  100 lbl month
                                                                                                                                                        I                               600 lbl month
                                                                                                                                                                                                                                     month
                                                         22     Pacific cod                                                                                         1,000 lb/2 months
                                                                                                                                                            150,000 lb/2
                                                                Spiny dogfish                                        200,000 lb/2 months                                                             100,000 lb/2 months
                                                         23

                                                                Longnose skate
                                                                                                                                                        I     months             I
                                                                                                                                                                          Unlimited
                                                         24
                                                                Other Fish" & Cabazon in Oregon
                                                         25                                                                                                               Unlimited
                                                                and California
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81782           Federal Register/Vol. 80, No. 251 /Thursday, December 31, 2015 /Rules and Regulations

        Table 3 (North). Continued
                                                                JAN—FEB               MAR—APR                 MAY—JUN                JUL—AUG                SEP—OCT                 NOV—DEC




                                                                                                                                                                                                          119 V L
           26     SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellontail rockfish and lingcod, as described below)




                                                            Salmon trollers may retain and land up to 1 Ib of yellowtail rockfish for every 2 Ibs of salmon landed, with a cumulative limit of 200
                                                          Ib/month, both within and outside of the RCA. This limit is within the 200 lb per month combined limit for minor shelf rockfish, widow
                                                           rockfish and yellowtail rockfish, and not in addition to that limit. Salmon trollers may retain and land up to 1 lingcod per 15 Chinook
           27     North                                       per trip, plus 1 lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only
                                                             applies during times when lingcod retention is allowed, and is not "CLOSED." This limit is within the per month limit for lingcod




                                                                                                                                                                                                          $
                                                          described in the table above, and not in addition to that limit. All groundfish species are subject to the open access limits, seasons,
                                                                                    size limits and RCA restrictions listed in the table above, unless otherwise stated here.




                                                                                                                                                                                                        pju09 (yj1 o j )
           28     PINK SHRIMP NON—GROUNDFISH TRAWL (not subject to RCAs)




                                                             Effective April 1 — October 31: Groundfish: 500 Ib/day, multiplied by the number of days of the trip, not to exceed 1,500 Ib/trip.
                                                             The following sublimits also apply and are counted toward the overall 500 Ib/day and 1,500 lb/trip groundfish limits: lingcod 300
                                                           Ib/month (minimum 24 inch size limit); sablefish 2,000 Ib/month; canary, thornyheads and yelloweye rockfish are PROHIBITED. All
           29     North
                                                              other groundfish species taken are managed under the overall 500 Ib/day and 1,500 lb/trip groundfish limits. Landings of these
                                                            species count toward the per day and per trip groundfish limits and do not have species—specific limits. The amount of groundfish
                                                                                                landed may not exceed the amount of pink shrimp landed.




        1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
                  and longitude coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours (with the exception of the 20—fm
                  depth contour boundary south of 42 N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
                  than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
                  other than transiting.
        2/ Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish.
                  Splitnose rockfish is included in the trip limits for minor slope rockfish.
        3/ "Other flatfish" are defined at § 660.11 and include butter sole, curifin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
        4/ For black rockfish north of Cape Alava (48°09.50° N. lat.), and between Destruction Is. (47°40° N. lat.) and Leadbetter Pnt. (46°38.17‘ N. lat.),
                  there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
        5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42° N. lat. and 24 inches (61 cm) total length South of 42° N. lat.

        6/ "Other fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabezon in Washington.
        To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.


        Federal Register/Vol. 80, No. 251 /Thursday, December 31, 2015 /Rules and Regulations                                                                                                   81783



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.
         Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table                                                                              01012016

                                                   JAN—FEB            MAR—APR            MAY—JUN                               JUL—AUG               SEP—OCT             NOV—DEC
Rockfish Conservation Area (RCA)":
   1     40°10‘ N. lat. — 34°27" N. lat.                                                                 30 fm line"‘ — 150 fm line"
   2     South of 34°27‘ N. lat.                                                         60 fm line"" — 150 fm line"‘ (also applies around islands)

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79 for
            conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).

                       State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.

         Minor Slope Rockfish*‘ &                     10,000 Ib/ 2 months, of which no more than 475 Ib may be 10,000 lb/ 2 months, of which no more than 550 lb may be




                                                                                                                                                                                    119 V L
   3     Darkblotched rockfish                                               blackgill rockfish                                                   blackgill rockfish

   4     Splitnose rockfish                                                                                      200 Ib/ month
   5     Sablefish
   6                 4010‘ N. lat. — 3600‘ N. lat.                      300 Ib/ day, or 1 landing per week of up to 1,000 Ib, not to exceed 2,000 lb/ 2 months

   7                       South of 3600‘ N. lat.                       300 Ib/ day, or 1 landing per week of up to 1,600 Ib, not to exceed 3,200 lb/ 2 months

   g     Shortpine thornyheads and
         longspine thornyheads
   9                 4010‘ N. lat. — 3427‘ N. lat.                                                                 CLOSED




                                                                                                                                                                                    $
   10                      South of 3427‘ N. lat.                                                 50 Ib/ day, no more than 1,000 lb/ 2 months

   ;;                                                               3,000 Ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs.




                                                                                                                                                                                   (y j n os)
   e      Dover sole, arrowtooth flounder,
   74     petrale sole, English sole, starry South of 42° N. lat., when fishing for "other flatfish," vessels using hook—and—line gear with no more than 12 hooks per
              flounder, Other Flatfish®‘              line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 mm) point to shank, and up to two 1 lb
   15                                                                                              .         .               .
   16                                                                                 (0.45 kg) weights per line are not subject to the RCAs.

   17    Whiting                                                                                                 300 Ib/ month

   jg    Minor Shelf Rockfish*‘, Shortbelly,
         Widow rockfish and Chilipepper

   19                4010‘ N. lat. — 3427‘ N. lat.|   300 Ib/ 2 months                                         200 Ib/ 2 months                              300 Ib/ 2 months
                                      o                                          CLOSED
   20                      South of 34 27‘ N. lat.| 1500 lb/ 2 months                                                                1500 Ib/ 2 months
   21    Canary rockfish                                                                                           CLOSED
   22     Yelloweye rockfish                                                                                       CLOSED
   23     Cowecod                                                                                                  CLOSED
   24    Bronzespotted rockfish                                                                                    CLOSED
   25     Bocaccio
   26                4010‘ N. lat. — 3427‘ N. lat.|   200 Ib/ 2 months           cLosEDp                       100 Ib/ 2 months                              200 Ib/ 2 months
   27                      South of 3427‘ N. lat.| 250 Ib/ 2 months                                                                   250 Ib/ 2 months


                                            81784            Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations




                                            [FR Doc. 2015–32884 Filed 12–30–15; 8:45 am]
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Document Created: 2015-12-31 02:14:48
Document Modified: 2015-12-31 02:14:48
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; inseason adjustments to biennial groundfish management measures.
DatesThis final rule is effective January 1, 2016. The depth restrictions for midwater trawl gear were made through automatic action, and are published in the Federal Register as soon as practicable after they are issued. The depth restriction for vessels using midwater trawl gear, which was announced by actual notice (by phone and email) prior to implementation, is applicable from noon local time, November 26, 2015 through midnight local time, December 31, 2015.
ContactGretchen Hanshew, phone: 206-526-6147, fax: 206-526-6736, or email: [email protected]
FR Citation80 FR 81773 
RIN Number0648-BF63
CFR AssociatedFisheries; Fishing and Indian Fisheries

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