81 FR 60288 - 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 170 (September 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60288-60295 | |
| FR Document | 2016-21091 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Rules and Regulations] [Pages 60288-60295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21091] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 140904754-5188-02] RIN 0648-BG27 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. DATES: This final rule is effective September 1, 2016. FOR FURTHER INFORMATION CONTACT: Benjamin Mann, phone: 206-526-6117, 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, 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 June 21-28, 2016, meeting. Specifically, the Council recommended taking a portion of the Pacific ocean perch (POP) initially deducted from the annual catch limit (ACL) and making it available to the mothership (MS) sector; a trip limit increase for black rockfish in the limited entry fixed gear (LEFG) and open access (OA) fisheries in northern California; and trip limit reductions in the OA sablefish daily trip limit (DTL) fishery north of 36[deg] N. lat. Transferring POP to the Mothership Sector As part of biennial harvest specifications and management measures, ACLs are set for non-whiting groundfish species, deductions are made ``off-the-top'' from the ACL to account for various sources of mortality (including scientific research activities) and the remainder, the fishery harvest guideline, is allocated among the various groundfish fisheries. The limited availability of overfished species that can be taken as incidental catch in the Pacific whiting fishery, particularly darkblotched rockfish, POP, and canary rockfish, led NMFS to implement sector-specific allocations for these species to the Pacific whiting fisheries. If the sector-specific allocation for a non- whiting species is reached, NMFS may close one or more of the at-sea sectors automatically, per regulations at Sec. 660.60(d). At the June, 2016 meeting, MS and catcher/processor (C/P) sectors requested more POP to accommodate higher than anticipated harvest and prevent closure of the fishery prior to harvesting their allocations of Pacific whiting. At the start of 2016, the MS and C/P sectors of the Pacific whiting fishery were allocated 7.2 mt and 10.2 mt of POP respectively, per regulations at Sec. 660.55(c)(1)(i)(B). According to the best fishery information available at the June 2016 meeting, POP bycatch in the MS sector was approximately double 2016 POP bycatch projections. At that time, best available information regarding bycatch rates of POP in the MS sector indicated that if those rates continued, only 53 percent (38,246 mt) of the Pacific whiting allocation would be harvested by the end of the 2016 fishery. Therefore, the Council recommended that NMFS monitor fishery harvest of Pacific whiting and POP relative to their respective at-sea sector allocations, update projections of Pacific whiting allocation attainment based on new, updated POP bycatch rates, and if necessary, transfer some POP that would otherwise go unharvested to either the MS or C/P sectors as needed. Current projections by the Northwest Fishery Science Center indicate that approximately 3.7 mt of POP off-the-top deductions for scientific research would remain unharvested through the end of the year. As of August 11, 2016, the C/P sector has only harvested approximately 4.1 percent (0.41 mt) of its 2016 POP allocation indicating the C/P sector has sufficient POP allocation to cover their Pacific whiting harvests. However, approximately 70 percent (5.0 mt) of the total MS sector POP allocation has been harvested and only approximately 47 percent (34,256.46 mt) of the Pacific whiting allocation has been harvested. Using the most recent catch data through August 11, 2016, NMFS projects that at current rates, the MS sector will only harvest approximately 49 percent (35,486.35 mt) of its total Pacific whiting allocation (74,415 mt) before reaching the 7.2 mt POP allocation. Therefore, consistent with the Council's June recommendation to take into account the best estimates of the amount of POP available and the updated bycatch rates in the MS and C/P fisheries, NMFS is transferring 3.0 mt of POP to the at-sea sectors. This rule transfers 3.0 mt of POP that is expected to go unharvested from the scientific research off-the-top deduction to the MS sector. This transfer increases the MS sector POP allocation from 7.2 mt to 10.2 mt. The remaining amount in the off-the-top deduction for scientific research is anticipated to go [[Page 60289]] unharvested (0.7 mt) but is not transferred at this time to buffer for uncertainty in the estimates of POP harvest in scientific research. This inseason action increases the POP amount available to the MS sector, and is expected to provide opportunity for the MS sector to obtain their entire Pacific whiting allocation (72,415 mt). Transfer of POP to the MS sector, when combined with projected impacts from all other sources, is not expected to result in greater impacts to POP than the 2016 ACL. This action is also not expected to increase impacts to other overfished species from those originally projected through the end of the year. Increase in Trip Limits for the Black Rockfish LEFG and OA Fisheries Between 42[deg] N. Lat. and 40[deg]10' N. Lat. Black rockfish are caught in nearshore commercial and recreational fisheries. Black rockfish is a healthy stock that co-occurs with nearshore overfished rockfish species (e.g. canary rockfish and yelloweye rockfish). Catch of black rockfish is managed, in part, to keep catch of co-occurring overfished species within the management targets for the nearshore fishery and the state of California. In 2016, reduced fishing effort as a result of poor weather and ocean conditions has significantly impacted catch rate of black rockfish in the area between 42[deg] N. lat., and 40[deg]10' N. lat. for the LEFG and OA black rockfish commercial fisheries. The State of California reported 2016 black rockfish catch to be approximately 5 percent of the total allocation (19.9 mt of the 420 mt allocated). To provide the opportunity to harvest a larger portion of their allocation the Council recommended and NMFS is implementing an increase in the bimonthly trip limits for the LEFG fishery and the OA fishery between 42[deg] N. lat., and 40[deg]10' N. lat. from ``6,000 lbs/2 months which, no more than 1,200 lbs may be species other than black rockfish'' to ``7,000 lbs/2 months of which, no more than 1,200 lbs may be species other than black rockfish.'' The increased trip limits described above will be effective in periods 5 and 6, beginning September 1. Reduction in Trip Limits in the OA Sablefish Fishery North of 36[deg] N. Lat. Reduced opportunities in other fisheries (e.g. crab and salmon) in 2016 have resulted in higher than normal effort in the open access sablefish fishery north of 36[deg] N. lat. Reports from the PacFIN Quota Species Monitoring (QSM) Best Estimate Report (BER) dated June 18, 2016 indicate actual landings have been approximately double 2016 projections in the fishery. The Council's groundfish advisory panel (GAP) recommended a reduction in trip limits to reduce effort in order to avoid exceeding 2016 sablefish allocations to the fishery. The Council's GMT projected landings at the current rate of effort were 112 percent to 117 percent of the total OA allocation, through the end of the year. At its June 2016 meeting, the Council recommended and NMFS is implementing a trip limit adjustment from ``300 lbs/day, or one landing per week of up to 850 lb, not to exceed 1,700 lb/2 months'' to ``300 lbs/day, or one landing per week of up to 750 lbs, not to exceed 1,500 lbs/2 months.'' Model projections through the end of the year with these adjustments show a total landing of 98 percent of the 2016 OA allocation. The reduced trip limits described above will be effective in periods 5 and 6, beginning September 1. 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 September 1, 2016. At its June 2016 meeting, the Council recommended that NMFS consider a transfer of POP to the MS and C/P sectors, as needed based on the most recent fishery information. The Council recommended that the transfer be implemented as quickly as possible once the amount of POP, that would otherwise go unharvested in scientific research activities, was estimated. Updated catch information from scientific research activities became available in early August. There was not sufficient time after the June 2016 Council meeting or after research catch information was available to undergo proposed and final rulemaking before this action needs to be in effect. For the action implemented in this final rule, affording the time necessary for prior notice and opportunity for public comment would prevent transfer of POP to the MS sector until later in the season, or potentially eliminate the possibility of doing so during the 2016 calendar year entirely, and is therefore impracticable. Failing to transfer POP to the MS sector in a timely manner could result in unnecessary restriction of fisheries if the MS sector exceeded their allocations. Providing the MS sector fishermen an opportunity to harvest their limits of Pacific whiting without interruption and, when combined with harvest from other sectors, without exceeding the POP ACL, allows harvest as intended by the Council, consistent with the best scientific information available. The Pacific whiting fishery contributes a large amount of revenue to the coastal communities of Washington and Oregon and this change allows continued harvest of Pacific whiting while continuing to prevent ACLs of overfished species and the allocations for target species from being exceeded. The Council also recommended commercial trip limit changes for black rockfish and sablefish. These changes are based on the best available information, consistent with the PCGFMP and its implementing regulations. At the June Council meeting the Council recommended that increase to black rockfish trip limits be implemented as quickly as possible during the two-month cumulative limit period and that the decrease to sablefish trip limits be implemented as quickly as possible, by the start of the next cumulative limit period. There was not sufficient time after that meeting to draft this document and undergo proposed and final rulemaking before these actions need to be in effect. For the actions to be implemented in this final rule, affording the time necessary for prior notice and opportunity for public comment would prevent NMFS from managing fisheries using the best available science to approach, without exceeding, the ACLs for federally managed species in accordance with the PCGFMP and applicable law. The adjustments to management measures in this document affect commercial fisheries off Washington, Oregon, and California. These increases to trip limits must be implemented as quickly as possible during the two-month cumulative limit period to allow OA [[Page 60290]] fixed gear fishermen an opportunity to harvest higher limits of black rockfish without exceeding the ACL. The decrease to sablefish trip limits must be implemented by the start of the next two-month cumulative limit period, September 1, to prevent exceedance of the ACL and allow year-round fishing opportunities for fishermen. It would be contrary to public interest to delay implementation of these changes until after public notice and comment, because making the regulatory changes by September 1, allows harvest as intended by the Council, consistent with the best scientific information available. The increase to black rockfish trip limits allows additional harvest in fisheries that are important to coastal communities while continuing to prevent the black rockfish ACL from being exceeded. The decrease to sablefish trip limits allows continued harvest in a fishery that is important to coastal communities while continuing to prevent sablefish ACL from being exceeded. 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-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, Indian fisheries. Dated: August 29, 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 2b to part 660, subpart C, is revised to read as follows: Table 2b to Part 660, Subpart C--2016, and Beyond, Allocations by Species or Species Group [Weight in metric tons] -------------------------------------------------------------------------------------------------------------------------------------------------------- Trawl Non-trawl Species Area Fishery HG or --------------------------------------- ACT % Mt % Mt -------------------------------------------------------------------------------------------------------------------------------------------------------- BOCACCIO \a\................................. S of 40[deg]10' N. lat........................... 353.7 N/A 85.0 N/A 268.7 Canary rockfish a b.......................... Coastwide........................................ 109.8 N/A 58.5 N/A 51.3 COWCOD a c................................... S of 40[deg]10' N. lat........................... 4.0 N/A 1.4 N/A 2.6 DARKBLOTCHED ROCKFISH \d\.................... Coastwide........................................ 325.2 95 308.9 5 16.3 Petrale sole \a\............................. Coastwide........................................ 2,673.4 N/A 2,638.4 N/A 35.0 PACIFIC OCEAN PERCH \e\...................... N of 40[deg]10' N. lat........................... 149.0 95 141.6 5 7.5 YELLOWEYE ROCKFISH \a\....................... Coastwide........................................ 13.2 N/A 1.1 N/A 12.1 Arrowtooth flounder.......................... Coastwide........................................ 3,241 95 3,079 5 162 Chilipepper.................................. S of 40[deg]10' N. lat........................... 1,595 75 1,196 25 399 Dover sole................................... Coastwide........................................ 48,406 95 45,986 5 2,420 English sole................................. Coastwide........................................ 6,991 95 6,642 5 350 Lingcod...................................... N of 40[deg]10' N. lat........................... 2,441 45 1,098 55 1,342 Lingcod...................................... S of 40[deg]10' N. lat........................... 937 45 422 55 515 Longnose skate \a\........................... Coastwide........................................ 1,927 90 1,734 10 193 Longspine thornyhead......................... N of 34[deg]27' N. lat........................... 2,969 95 2,820 5 148 Pacific cod.................................. Coastwide........................................ 1,091 95 1,036 5 55 Pacific whiting.............................. Coastwide........................................ 301,731 100 301,731 0 0 --------------------------------------- Sablefish.................................... N of 36[deg] N. lat.............................. 0 See Table 1C --------------------------------------- Sablefish.................................... S of 36[deg] N. lat.............................. 1,875 42 788 58 1,088 Shortspine thornyhead........................ N of 34[deg]27' N. lat........................... 1,667 95 1,583 5 83 Shortspine thornyhead........................ S of 34[deg]27' N. lat........................... 871 NA 50 NA 821 Splitnose.................................... S of 40[deg]10' N. lat........................... 1,736 95 1,649 5 87 Starry flounder.............................. Coastwide........................................ 1,529 50 764 50 764 Widow rockfish \f\........................... Coastwide........................................ 1,880 91 1,711 9 169 Yellowtail rockfish.......................... N of 40[deg]10' N. lat........................... 5,314 88 4,677 12 638 Minor Shelf Rockfish complex \a\............. N of 40[deg]10' N. lat........................... 1,880 60.2 1,132 39.8 748 Minor Shelf Rockfish complex \a\............. S of 40[deg]10' N. lat........................... 1,576 12.2 192 87.8 1,384 Minor Slope Rockfish complex................. N of 40[deg]10' N. lat........................... 1,642 81 1,330 19 312 Minor Slope Rockfish complex................. S of 40[deg]10' N. lat........................... 675 63 425 37 250 Other Flatfish complex....................... Coastwide........................................ 7,039 90 6,335 10 704 -------------------------------------------------------------------------------------------------------------------------------------------------------- \a\ Allocations decided through the biennial specification process. \b\ 14.0 mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.8 mt for the mothership fishery, and 8.2 mt for the catcher/processor fishery. \c\ The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt. \d\ Consistent with regulations at Sec. 660.55(c), 9 percent (27.8 mt) of the total trawl allocation for darkblotched rockfish is allocated to the whiting fisheries, as follows: 11.7 mt for the shorebased IFQ fishery, 6.7 mt for the mothership fishery, and 9.4 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). \e\ Consistent with regulations at Sec. 660.55(c), 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6 mt for the shorebased IFQ fishery, 7.2 mt for the mothership fishery, and 10.2 mt for the catcher/processor fishery. The amount available to the mothership fishery was raised from 7.2 mt to 10.2 mt, by transferring 3.0 mt of the 5.2 mt initially deducted from the ACL to accunt for scientific research mortality, consistent with Sec. 660.60(c)(3)(ii). The tonnage calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). \f\ Consistent with regulations at Sec. 660.55(c), 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as follows: 210 mt for the shorebased IFQ fishery, 120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). [[Page 60291]] 0 3. Table 2 (North) to part 660, subpart E, is revised to read as follows: BILLING CODE 3510-22-P [GRAPHIC] [TIFF OMITTED] TR01SE16.131 0 4. Tables 3 (North) and 3 (South) to part 660, subpart F, are revised to read as follows: [[Page 60292]] [GRAPHIC] [TIFF OMITTED] TR01SE16.132 [[Page 60293]] [GRAPHIC] [TIFF OMITTED] TR01SE16.133 [[Page 60294]] [GRAPHIC] [TIFF OMITTED] TR01SE16.134 [[Page 60295]] [GRAPHIC] [TIFF OMITTED] TR01SE16.135 [FR Doc. 2016-21091 Filed 8-31-16; 8:45 am] BILLING CODE 3510-22-C
![60288 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
quota adjustments to the fishing fax: 206–526–6736, or email: higher than anticipated harvest and
categories, give them a reasonable benjamin.mann@noaa.gov. prevent closure of the fishery prior to
opportunity to catch available quota, SUPPLEMENTARY INFORMATION: harvesting their allocations of Pacific
and provide them the opportunity for whiting.
planning operations accordingly. Electronic Access At the start of 2016, the MS and C/P
This action is being taken under This rule is accessible via the Internet sectors of the Pacific whiting fishery
§§ 635.27(e) and 635.27(a)(10) and is at the Office of the Federal Register Web were allocated 7.2 mt and 10.2 mt of
exempt from review under Executive site at https://www.federalregister.gov. POP respectively, per regulations at
Order 12866. Background information and documents § 660.55(c)(1)(i)(B). According to the
This final rule does not contain a are available at the Pacific Fishery best fishery information available at the
collection-of-information requirement Management Council’s Web site at June 2016 meeting, POP bycatch in the
for purposes of the Paperwork http://www.pcouncil.org/. Copies of the MS sector was approximately double
Reduction Act. final environmental impact statement 2016 POP bycatch projections. At that
Because prior notice and opportunity (FEIS) for the Groundfish Specifications time, best available information
for public comment are not required for and Management Measures for 2015– regarding bycatch rates of POP in the
this rule by 5 U.S.C. 553, or any other 2016 and Biennial Periods Thereafter MS sector indicated that if those rates
law, the analytical requirements of the are available from Chuck Tracy, continued, only 53 percent (38,246 mt)
Regulatory Flexibility Act, 5 U.S.C. 601 Executive Director, Pacific Fishery of the Pacific whiting allocation would
et seq., are inapplicable. Management Council (Council), 7700 be harvested by the end of the 2016
Authority: 16 U.S.C. 971 et seq. and 1801 NE Ambassador Place, Portland, OR fishery. Therefore, the Council
et seq. 97220, phone: 503–820–2280. recommended that NMFS monitor
fishery harvest of Pacific whiting and
Dated: August 25, 2016. Background
POP relative to their respective at-sea
Samuel D. Rauch III, The Pacific Fishery Management sector allocations, update projections of
Deputy Assistant Administrator for Council (Council)—in coordination with Pacific whiting allocation attainment
Regulatory Programs, National Marine Pacific Coast Treaty Indian Tribes and based on new, updated POP bycatch
Fisheries Service. the States of Washington, Oregon, and rates, and if necessary, transfer some
[FR Doc. 2016–21067 Filed 8–31–16; 8:45 am] California—recommended changes to POP that would otherwise go
BILLING CODE 3510–22–P groundfish management measures at its unharvested to either the MS or C/P
June 21–28, 2016, meeting. Specifically, sectors as needed.
the Council recommended taking a Current projections by the Northwest
DEPARTMENT OF COMMERCE portion of the Pacific ocean perch (POP) Fishery Science Center indicate that
initially deducted from the annual catch approximately 3.7 mt of POP off-the-top
National Oceanic and Atmospheric
limit (ACL) and making it available to deductions for scientific research would
Administration
the mothership (MS) sector; a trip limit remain unharvested through the end of
increase for black rockfish in the limited the year. As of August 11, 2016, the C/
50 CFR Part 660
entry fixed gear (LEFG) and open access P sector has only harvested
[Docket No. 140904754–5188–02] (OA) fisheries in northern California; approximately 4.1 percent (0.41 mt) of
RIN 0648–BG27
and trip limit reductions in the OA its 2016 POP allocation indicating the
sablefish daily trip limit (DTL) fishery C/P sector has sufficient POP allocation
Magnuson-Stevens Act Provisions; north of 36° N. lat. to cover their Pacific whiting harvests.
Fisheries Off West Coast States; However, approximately 70 percent (5.0
Transferring POP to the Mothership
Pacific Coast Groundfish Fishery; mt) of the total MS sector POP
Sector
2015–2016 Biennial Specifications and allocation has been harvested and only
Management Measures; Inseason As part of biennial harvest approximately 47 percent (34,256.46 mt)
Adjustments specifications and management of the Pacific whiting allocation has
measures, ACLs are set for non-whiting been harvested. Using the most recent
AGENCY: National Marine Fisheries groundfish species, deductions are catch data through August 11, 2016,
Service (NMFS), National Oceanic and made ‘‘off-the-top’’ from the ACL to NMFS projects that at current rates, the
Atmospheric Administration (NOAA), account for various sources of mortality MS sector will only harvest
Commerce. (including scientific research activities) approximately 49 percent (35,486.35 mt)
ACTION: Final rule; inseason adjustments and the remainder, the fishery harvest of its total Pacific whiting allocation
to biennial groundfish management guideline, is allocated among the (74,415 mt) before reaching the 7.2 mt
measures. various groundfish fisheries. The POP allocation. Therefore, consistent
limited availability of overfished species with the Council’s June
SUMMARY: This final rule announces that can be taken as incidental catch in recommendation to take into account
inseason changes to management the Pacific whiting fishery, particularly the best estimates of the amount of POP
measures in the Pacific Coast groundfish darkblotched rockfish, POP, and canary available and the updated bycatch rates
fisheries. This action, which is rockfish, led NMFS to implement in the MS and C/P fisheries, NMFS is
authorized by the Pacific Coast sector-specific allocations for these transferring 3.0 mt of POP to the at-sea
Groundfish Fishery Management Plan species to the Pacific whiting fisheries. sectors.
asabaliauskas on DSK3SPTVN1PROD with RULES
(PCGFMP), is intended to allow If the sector-specific allocation for a This rule transfers 3.0 mt of POP that
fisheries to access more abundant non-whiting species is reached, NMFS is expected to go unharvested from the
groundfish stocks while protecting may close one or more of the at-sea scientific research off-the-top deduction
overfished and depleted stocks. sectors automatically, per regulations at to the MS sector. This transfer increases
DATES: This final rule is effective § 660.60(d). the MS sector POP allocation from 7.2
September 1, 2016. At the June, 2016 meeting, MS and mt to 10.2 mt. The remaining amount in
FOR FURTHER INFORMATION CONTACT: catcher/processor (C/P) sectors the off-the-top deduction for scientific
Benjamin Mann, phone: 206–526–6117, requested more POP to accommodate research is anticipated to go
VerDate Sep<11>2014 16:43 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/81_FR_60458/page/1.svg)
![60290 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
fixed gear fishermen an opportunity to harvest in a fishery that is important to prior notice and comment and to waive
harvest higher limits of black rockfish coastal communities while continuing the delay in effectiveness.
without exceeding the ACL. The to prevent sablefish ACL from being
List of Subjects in 50 CFR Part 660
decrease to sablefish trip limits must be exceeded.
implemented by the start of the next For the actions to be implemented in Fisheries, Fishing, Indian fisheries.
two-month cumulative limit period, this final rule, affording the time Dated: August 29, 2016.
September 1, to prevent exceedance of necessary for prior notice and Emily H. Menashes,
the ACL and allow year-round fishing opportunity for public comment would
Acting Director, Office of Sustainable
opportunities for fishermen. It would be prevent NMFS from managing fisheries Fisheries, National Marine Fisheries Service.
contrary to public interest to delay using the best available science to
implementation of these changes until prevent overfishing in accordance with For the reasons set out in the
after public notice and comment, the PCGFMP and applicable law. preamble, 50 CFR part 660 is amended
because making the regulatory changes Delaying these changes would also as follows:
by September 1, allows harvest as keep management measures in place
intended by the Council, consistent that are not based on the best available PART 660—FISHERIES OFF WEST
with the best scientific information information. Such delay would impair COAST STATES
available. The increase to black rockfish achievement of the PCGFMP goals and
■ 1. The authority citation for part 660
trip limits allows additional harvest in objectives of managing for appropriate
continues to read as follows:
fisheries that are important to coastal harvest levels while providing for year-
communities while continuing to round fishing and marketing Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
prevent the black rockfish ACL from opportunities. 773 et seq., and 16 U.S.C. 7001 et seq.
being exceeded. The decrease to Accordingly, for the reasons stated ■ 2. Table 2b to part 660, subpart C, is
sablefish trip limits allows continued above, NMFS finds good cause to waive revised to read as follows:
TABLE 2b TO PART 660, SUBPART C—2016, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP
[Weight in metric tons]
Trawl Non-trawl
Fishery HG or
Species Area ACT % Mt % Mt
BOCACCIO a .......................................................................................... S of 40°10′ N. lat ...................... 353.7 N/A 85.0 N/A 268.7
Canary rockfish a b .................................................................................. Coastwide ................................. 109.8 N/A 58.5 N/A 51.3
COWCOD a c .......................................................................................... S of 40°10′ N. lat ...................... 4.0 N/A 1.4 N/A 2.6
DARKBLOTCHED ROCKFISH d ........................................................... Coastwide ................................. 325.2 95 308.9 5 16.3
Petrale sole a .......................................................................................... Coastwide ................................. 2,673.4 N/A 2,638.4 N/A 35.0
PACIFIC OCEAN PERCH e ................................................................... N of 40°10′ N. lat ...................... 149.0 95 141.6 5 7.5
YELLOWEYE ROCKFISH a ................................................................... Coastwide ................................. 13.2 N/A 1.1 N/A 12.1
Arrowtooth flounder ............................................................................... Coastwide ................................. 3,241 95 3,079 5 162
Chilipepper ............................................................................................. S of 40°10′ N. lat ...................... 1,595 75 1,196 25 399
Dover sole .............................................................................................. Coastwide ................................. 48,406 95 45,986 5 2,420
English sole ........................................................................................... Coastwide ................................. 6,991 95 6,642 5 350
Lingcod .................................................................................................. N of 40°10′ N. lat ...................... 2,441 45 1,098 55 1,342
Lingcod .................................................................................................. S of 40°10′ N. lat ...................... 937 45 422 55 515
Longnose skate a ................................................................................... Coastwide ................................. 1,927 90 1,734 10 193
Longspine thornyhead ........................................................................... N of 34°27′ N. lat ...................... 2,969 95 2,820 5 148
Pacific cod ............................................................................................. Coastwide ................................. 1,091 95 1,036 5 55
Pacific whiting ........................................................................................ Coastwide ................................. 301,731 100 301,731 0 0
Sablefish ................................................................................................ N of 36° N. lat ........................... 0 See Table 1C
Sablefish ................................................................................................ S of 36° N. lat ........................... 1,875 42 788 58 1,088
Shortspine thornyhead ........................................................................... N of 34°27′ N. lat ...................... 1,667 95 1,583 5 83
Shortspine thornyhead ........................................................................... S of 34°27′ N. lat ...................... 871 NA 50 NA 821
Splitnose ................................................................................................ S of 40°10′ N. lat ...................... 1,736 95 1,649 5 87
Starry flounder ....................................................................................... Coastwide ................................. 1,529 50 764 50 764
Widow rockfish f ..................................................................................... Coastwide ................................. 1,880 91 1,711 9 169
Yellowtail rockfish .................................................................................. N of 40°10′ N. lat ...................... 5,314 88 4,677 12 638
Minor Shelf Rockfish complex a ............................................................. N of 40°10′ N. lat ...................... 1,880 60.2 1,132 39.8 748
Minor Shelf Rockfish complex a ............................................................. S of 40°10′ N. lat ...................... 1,576 12.2 192 87.8 1,384
Minor Slope Rockfish complex .............................................................. N of 40°10′ N. lat ...................... 1,642 81 1,330 19 312
Minor Slope Rockfish complex .............................................................. S of 40°10′ N. lat ...................... 675 63 425 37 250
Other Flatfish complex ........................................................................... Coastwide ................................. 7,039 90 6,335 10 704
a Allocationsdecided through the biennial specification process.
b 14.0mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.8 mt for the mothership fishery, and 8.2 mt for the
catcher/processor fishery.
asabaliauskas on DSK3SPTVN1PROD with RULES
c The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
d Consistent with regulations at § 660.55(c), 9 percent (27.8 mt) of the total trawl allocation for darkblotched rockfish is allocated to the whiting fisheries, as follows:
11.7 mt for the shorebased IFQ fishery, 6.7 mt for the mothership fishery, and 9.4 mt for the catcher/processor fishery. The tonnage calculated here for the whiting
portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
e Consistent with regulations at § 660.55(c), 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6 mt for the shorebased
IFQ fishery, 7.2 mt for the mothership fishery, and 10.2 mt for the catcher/processor fishery. The amount available to the mothership fishery was raised from 7.2 mt to
10.2 mt, by transferring 3.0 mt of the 5.2 mt initially deducted from the ACL to accunt for scientific research mortality, consistent with § 660.60(c)(3)(ii). The tonnage
calculated here for the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
f Consistent with regulations at § 660.55(c), 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as follows: 210 mt for the
shorebased IFQ fishery, 120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the
shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D).
VerDate Sep<11>2014 16:43 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/81_FR_60458/page/3.svg)
Document Created: 2018-02-09 11:57:26
Document Modified: 2018-02-09 11:57:26
| 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 September 1, 2016. | |
| Contact | Benjamin Mann, phone: 206-526-6117, fax: 206-526-6736, or email: [email protected] | |
| FR Citation | 81 FR 60288 | |
| RIN Number | 0648-BG27 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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