81 FR 41868 - 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 81, Issue 124 (June 28, 2016)

Page Range		41868-41876
FR Document		2016-15155

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 attain their allocations and maintain year-round fishing opportunities while keeping harvest within the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41868-41876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904754-5188-02]
RIN 0648-BG08


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.

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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 attain their allocations 
and maintain year-round fishing opportunities while keeping harvest 
within the annual catch limit (ACL) for sablefish north 36[deg] N. lat.

DATES: This final rule is effective June 28, 2016.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

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

Background

Changes to Trip Limits the Limited Entry Fixed Gear and Open Access 
Sablefish Daily Trip Limit Fisheries North of 36[deg] N. lat.

    The best available fisheries information indicates that catch of 
sablefish in the commercial non-trawl fisheries north of 36[deg] N. 
lat. in 2016 will be higher than anticipated. The Council considered 
updated projections and the status of ongoing groundfish fisheries at 
its March 9-14, 2016, and April 9-14, 2016, meetings. The Council 
considered 2015 fishery harvest estimates and fishery models, updated 
with the best estimate reports from the Pacific Fishery Information 
Network through February 28, 2016.
    At its March meeting, the Council considered updated projections, 
indicating that sablefish landings through the end of the year would 
exceed the sablefish allocation in the limited entry fixed gear daily 
trip limit (DTL) fishery north of 36[deg] N. lat. Projected landings in 
the limited entry fixed gear DTL fishery north of 36[deg] N. lat. vary 
based on assumptions on the price per pound. If no action is taken--and 
this higher than anticipated catch continues in the limited entry fixed 
gear DTL fishery--then projected landings range from 90 percent of the 
allocation (low price assumption) to over 100 percent of the allocation 
(high price assumption) through the end of the year. In recent years, 
the Council has taken a precautionary approach to setting trip limits 
at the start of the year. Setting trip limits to target approximately 
90 percent attainment of the allocation allows for flexibility to 
increase trip limits later in the year if harvest remains at or lower 
than anticipated levels, and also reduces the risk of early closure if 
catches are higher than anticipated. The Council considered a modest 
decrease to the weekly limit in the limited entry fixed gear DTL 
fishery north of 36[deg] N. lat. With a slightly smaller weekly limit, 
harvest estimates through the end of the year were reduced to between 
81 and 93 percent of the allocation (under low and high price per pound 
assumptions, respectively).
    The Council recommended and NMFS is implementing a reduction in the 
weekly limit for sablefish in the limited entry fixed gear fishery 
north of 36[deg] N. lat. from ``1,275 lb per week, not to exceed 3,375 
lb per two months'' to ``1,125 lb per week, not to exceed 3,375 lb per 
two months.''
    At its April meeting, the Council considered 2015 fishery 
performance, status of ongoing fisheries in 2016, updated projections, 
and requests from industry regarding the open access DTL fishery north 
of 36[deg] N. lat. Harvest of sablefish in the open access DTL fishery 
north of 36[deg] N. lat. exceeded its allocation in 2015. Industry 
raised concerns that participation levels seen in 2015 may further 
increase in 2016 due to a predicted poor salmon fishing season and lack 
of a Dungeness crab fishery off California. If no action is taken and 
this higher than anticipated catch continues in the open access DTL 
fishery, landings through the end of the year are projected to be 70 
percent of the allocation. The Council considered these updated 
projections, and concerns and recommendations from industry 
representatives. Based on public testimony, there is anecdotal evidence 
of a sharp increase in participation in this fishery, particularly in 
southern Oregon and northern California ports. Industry representatives 
recommended a precautionary decrease in trip limits beginning July 1 to 
slow landings and maintain year-round fishing opportunities. The 
Council considered a precautionary reduction to open access DTL trip 
limits to maintain harvest opportunities throughout the year even under 
much higher participation levels.
    The Council recommended and NMFS is implementing a reduction in the 
trip limit for sablefish in the open access fishery north of 36[deg] N. 
lat. from ``300 lb per day, or one landing per week of up to 1,000 lb, 
not to exceed 2,000 lb per two months'' to ``300 lb per day, or one 
landing per week of up to 850 lb, not to exceed 1,700 lb per two 
months,'' beginning July 1, 2016.
    Decreases to trip limits in the limited entry fixed gear and open 
access DTL fisheries north of 36[deg] N. lat. are intended to allow 
year-round fishing opportunities and reduce the risk of closure as 
occurred in 2015 (when the limited entry fixed gear and open access DTL 
fisheries north of 36[deg] N. lat. were both closed on November 1, 
reducing the season length by two months).

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best available information, 
consistent

[[Page 41869]]

with the PCGFMP and its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    The aggregate data upon which these actions are based are available 
for public inspection at the Office of the Administrator, West Coast 
Region, NMFS, during business hours.
    NMFS finds good cause to waive prior public notice and comment on 
the revisions to groundfish management measures under 5 U.S.C. 553(b) 
because notice and comment would be impracticable and contrary to the 
public interest. Also, for the same reasons, NMFS finds good cause to 
waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), 
so that this final rule may become effective June 28, 2016.
    The Council recommended that these changes be implemented as 
quickly as possible to reduce harvest of sablefish in the limited entry 
fixed gear and open access DTL fisheries north of 36[deg] N. lat. based 
in information available at its March and April meetings. There was not 
sufficient time after those meetings to draft this document and undergo 
proposed and final rulemaking before this action needs to be in effect. 
For the action to be implemented in this final rule, affording the time 
necessary for prior notice and opportunity for public comment would 
prevent NMFS from managing fisheries using the best available science 
to approach, without exceeding, the sablefish ACLs in accordance with 
the PCGFMP and applicable law. These adjustments to management measures 
must be implemented in a timely manner to prevent the 2016 sablefish 
north 36[deg] N. lat. allocations from being exceeded and help ensure 
year-round fishing opportunities, consistent with objectives of the 
PCGFMP. No aspect of this action is controversial, and changes of this 
nature were anticipated in the groundfish biennial harvest 
specifications and management measures established for 2015-2016.
    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 Reporting and recordkeeping requirements.

    Dated: June 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. Table 2 (North) and 2 (South) to part 660, subpart E, are revised to 
read as follows:
BILLING CODE 3510-22-P

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[[Page 41873]]



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


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[FR Doc. 2016-15155 Filed 6-27-16; 8:45 a.m.]
BILLING CODE 3510-22-C

41868 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

regulatory flexibility analysis is not http://www.pcouncil.org/. Copies of the The Council recommended and
required and none was prepared. final environmental impact statement NMFS is implementing a reduction in
There are no new reporting or (FEIS) for the Groundfish Specifications the weekly limit for sablefish in the
recordkeeping requirements contained and Management Measures for 2015– limited entry fixed gear fishery north of
in any of the final measures included in 2016 and Biennial Periods Thereafter 36° N. lat. from ‘‘1,275 lb per week, not
this action. are available from Chuck Tracy, Acting to exceed 3,375 lb per two months’’ to
Authority: 16 U.S.C. 1801 et seq. Executive Director, Pacific Fishery ‘‘1,125 lb per week, not to exceed 3,375
Management Council (Council), 7700 lb per two months.’’
Dated: June 22, 2016. NE Ambassador Place, Portland, OR At its April meeting, the Council
Samuel D. Rauch III, 97220, phone: 503–820–2280. considered 2015 fishery performance,
Deputy Assistant Administrator for status of ongoing fisheries in 2016,
Regulatory Programs, National Marine Background updated projections, and requests from
Fisheries Service. industry regarding the open access DTL
Changes to Trip Limits the Limited
[FR Doc. 2016–15202 Filed 6–27–16; 8:45 am]
Entry Fixed Gear and Open Access fishery north of 36° N. lat. Harvest of
BILLING CODE 3510–22–P
Sablefish Daily Trip Limit Fisheries sablefish in the open access DTL fishery
North of 36° N. lat. north of 36° N. lat. exceeded its
allocation in 2015. Industry raised
DEPARTMENT OF COMMERCE The best available fisheries concerns that participation levels seen
information indicates that catch of in 2015 may further increase in 2016
National Oceanic and Atmospheric sablefish in the commercial non-trawl due to a predicted poor salmon fishing
Administration fisheries north of 36° N. lat. in 2016 will season and lack of a Dungeness crab
be higher than anticipated. The Council fishery off California. If no action is
50 CFR Part 660 considered updated projections and the taken and this higher than anticipated
[Docket No. 140904754–5188–02] status of ongoing groundfish fisheries at catch continues in the open access DTL
its March 9–14, 2016, and April 9–14, fishery, landings through the end of the
RIN 0648–BG08 year are projected to be 70 percent of the
2016, meetings. The Council considered
2015 fishery harvest estimates and allocation. The Council considered
Magnuson-Stevens Act Provisions;
fishery models, updated with the best these updated projections, and concerns
Fisheries Off West Coast States;
estimate reports from the Pacific Fishery and recommendations from industry
Pacific Coast Groundfish Fishery;
Information Network through February representatives. Based on public
2015–2016 Biennial Specifications and
28, 2016. testimony, there is anecdotal evidence
Management Measures; Inseason of a sharp increase in participation in
Adjustments At its March meeting, the Council this fishery, particularly in southern
considered updated projections, Oregon and northern California ports.
AGENCY: National Marine Fisheries indicating that sablefish landings
Service (NMFS), National Oceanic and Industry representatives recommended
through the end of the year would a precautionary decrease in trip limits
Atmospheric Administration (NOAA), exceed the sablefish allocation in the
Commerce. beginning July 1 to slow landings and
limited entry fixed gear daily trip limit maintain year-round fishing
ACTION: Final rule; inseason adjustments (DTL) fishery north of 36° N. lat.
to biennial groundfish management opportunities. The Council considered a
Projected landings in the limited entry precautionary reduction to open access
measures. fixed gear DTL fishery north of 36° N. DTL trip limits to maintain harvest
lat. vary based on assumptions on the opportunities throughout the year even
SUMMARY: This final rule announces
price per pound. If no action is taken— under much higher participation levels.
inseason changes to management
and this higher than anticipated catch The Council recommended and
measures in the Pacific Coast groundfish
continues in the limited entry fixed gear NMFS is implementing a reduction in
fisheries. This action, which is
DTL fishery—then projected landings the trip limit for sablefish in the open
authorized by the Pacific Coast
range from 90 percent of the allocation access fishery north of 36° N. lat. from
Groundfish Fishery Management Plan
(low price assumption) to over 100 ‘‘300 lb per day, or one landing per
(PCGFMP), is intended to allow
percent of the allocation (high price week of up to 1,000 lb, not to exceed
fisheries to attain their allocations and
assumption) through the end of the year. 2,000 lb per two months’’ to ‘‘300 lb per
maintain year-round fishing
In recent years, the Council has taken a day, or one landing per week of up to
opportunities while keeping harvest
precautionary approach to setting trip 850 lb, not to exceed 1,700 lb per two
within the annual catch limit (ACL) for
limits at the start of the year. Setting trip months,’’ beginning July 1, 2016.
sablefish north 36° N. lat.
limits to target approximately 90 Decreases to trip limits in the limited
DATES: This final rule is effective June percent attainment of the allocation entry fixed gear and open access DTL
28, 2016. allows for flexibility to increase trip fisheries north of 36° N. lat. are
FOR FURTHER INFORMATION CONTACT: limits later in the year if harvest remains intended to allow year-round fishing
Gretchen Hanshew, phone: 206–526– at or lower than anticipated levels, and opportunities and reduce the risk of
6147, fax: 206–526–6736, or email: also reduces the risk of early closure if closure as occurred in 2015 (when the
gretchen.hanshew@noaa.gov. catches are higher than anticipated. The limited entry fixed gear and open access
SUPPLEMENTARY INFORMATION: Council considered a modest decrease DTL fisheries north of 36° N. lat. were
asabaliauskas on DSK3SPTVN1PROD with RULES

to the weekly limit in the limited entry both closed on November 1, reducing
Electronic Access fixed gear DTL fishery north of 36° N. the season length by two months).
This rule is accessible via the Internet lat. With a slightly smaller weekly limit,
at the Office of the Federal Register Web harvest estimates through the end of the Classification
site at https://www.federalregister.gov. year were reduced to between 81 and 93 This final rule makes routine inseason
Background information and documents percent of the allocation (under low and adjustments to groundfish fishery
are available at the Pacific Fishery high price per pound assumptions, management measures, based on the
Management Council’s Web site at respectively). best available information, consistent

VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

$Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 41869 with the PCGFMP and its implementing March and April meetings. There was prior notice and comment and to waive regulations. not sufficient time after those meetings the delay in effectiveness. This action is taken under the to draft this document and undergo authority of 50 CFR 660.60(c) and is proposed and final rulemaking before List of Subjects in 50 CFR Part 660 exempt from review under Executive this action needs to be in effect. For the Fisheries, Fishing, and Reporting and Order 12866. action to be implemented in this final recordkeeping requirements. The aggregate data upon which these rule, affording the time necessary for actions are based are available for public prior notice and opportunity for public Dated: June 22, 2016. inspection at the Office of the comment would prevent NMFS from Emily H. Menashes, Administrator, West Coast Region, managing fisheries using the best Acting Director, Office of Sustainable NMFS, during business hours. available science to approach, without Fisheries, National Marine Fisheries Service. NMFS finds good cause to waive prior exceeding, the sablefish ACLs in public notice and comment on the accordance with the PCGFMP and For the reasons set out in the revisions to groundfish management applicable law. These adjustments to preamble, 50 CFR part 660 is amended measures under 5 U.S.C. 553(b) because management measures must be as follows: notice and comment would be implemented in a timely manner to impracticable and contrary to the public prevent the 2016 sablefish north 36° N. PART 660—FISHERIES OFF WEST interest. Also, for the same reasons, lat. allocations from being exceeded and COAST STATES NMFS finds good cause to waive the 30- help ensure year-round fishing day delay in effectiveness pursuant to 5 opportunities, consistent with objectives ■ 1. The authority citation for part 660 U.S.C. 553(d)(3), so that this final rule of the PCGFMP. No aspect of this action continues to read as follows: may become effective June 28, 2016. is controversial, and changes of this Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. The Council recommended that these nature were anticipated in the 773 et seq., and 16 U.S.C. 7001 et seq. changes be implemented as quickly as groundfish biennial harvest possible to reduce harvest of sablefish in specifications and management ■ 2. Table 2 (North) and 2 (South) to the limited entry fixed gear and open measures established for 2015–2016. part 660, subpart E, are revised to read access DTL fisheries north of 36° N. lat. Accordingly, for the reasons stated as follows: based in information available at its above, NMFS finds good cause to waive BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1$

Document Created: 2016-06-28 00:53:14
Document Modified: 2016-06-28 00:53:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; inseason adjustments to biennial groundfish management measures.
Dates		This final rule is effective June 28, 2016.
Contact		Gretchen Hanshew, phone: 206-526-6147, fax: 206-526-6736, or email: [email protected]
FR Citation		81 FR 41868
RIN Number		0648-BG08
CFR Associated		Fisheries; Fishing and Reporting and Recordkeeping Requirements

81 FR 41868 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration